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Minnesota Legislature

Office of the Revisor of Statutes

HF 2839

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/16/2006
1st Engrossment Posted on 03/27/2006

Current Version - 1st Engrossment

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A bill for an act
relating to the environment; requiring the replacement or discontinued operation
of straight-pipe systems for sewage disposal within ten months of notice;
amending Minnesota Statutes 2004, section 115.55, subdivision 1, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 115.55, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to sections
115.55 to 115.56.

(b) "Advisory committee" means the Advisory Committee on Individual Sewage
Treatment Systems established under the individual sewage treatment system rules. The
advisory committee must be appointed to ensure geographic representation of the state
and include elected public officials.

(c) "Applicable requirements" means:

(1) local ordinances that comply with the individual sewage treatment system rules,
as required in subdivision 2; or

(2) in areas not subject to the ordinances described in clause (1), the individual
sewage treatment system rules.

(d) "City" means a statutory or home rule charter city.

(e) "Commissioner" means the commissioner of the Pollution Control Agency.

(f) "Dwelling" means a building or place used or intended to be used by human
occupants as a single-family or two-family unit.

(g) "Individual sewage treatment system" or "system" means a sewage treatment
system, or part thereof, serving a dwelling, other establishment, or group thereof, that
uses subsurface soil treatment and disposal.

(h) "Individual sewage treatment system professional" means an inspector, installer,
site evaluator or designer, or pumper.

(i) "Individual sewage treatment system rules" means rules adopted by the agency
that establish minimum standards and criteria for the design, location, installation, use,
and maintenance of individual sewage treatment systems.

(j) "Inspector" means a person who inspects individual sewage treatment systems for
compliance with the applicable requirements.

(k) "Installer" means a person who constructs or repairs individual sewage treatment
systems.

(l) "Local unit of government" means a township, city, or county.

(m) "Pumper" means a person who maintains components of individual sewage
treatment systems including, but not limited to, septic, aerobic, and holding tanks.

(n) "Seasonal dwelling" means a dwelling that is occupied or used for less than 180
days per year and less than 120 consecutive days.

(o) "Septic system tank" means any covered receptacle designed, constructed, and
installed as part of an individual sewage treatment system.

(p) "Site evaluator or designer" means a person who:

(1) investigates soils and site characteristics to determine suitability, limitations, and
sizing requirements; and

(2) designs individual sewage treatment systems.

new text begin (q) "Straight-pipe system" means a sewage disposal system that transports raw or
partially settled sewage directly to a lake, a stream, a drainage system, or ground surface.
new text end

Sec. 2.

Minnesota Statutes 2004, section 115.55, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Straight-pipe systems; noncompliance. new text end

new text begin An inspector who discovers the
existence of a straight-pipe system shall issue a noncompliance notice to the owner of the
straight-pipe system and forward a copy of the notice to the agency. Before any inspection
on private property, the inspector must have probable cause to believe a straight-pipe
system exists on the property. The notice must state that the owner must replace or
discontinue the use of the straight-pipe system within ten months of receiving the notice.
If the owner does not replace or discontinue the use of the straight-pipe system within ten
months after the notice was received, the owner of the straight-pipe system shall be subject
to an administrative penalty of $500 per month of noncompliance beyond the ten-month
period. Administrative penalty orders shall be issued for violations under this subdivision,
as provided in section 116.072. One-half of the proceeds collected from an administrative
penalty order issued for violating this subdivision shall be remitted to the local unit of
government with jurisdiction over the noncompliant straight-pipe system.
new text end