HF 2889

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to pollution; allowing installation of 
  1.3             certain individual sewage treatment systems; amending 
  1.4             Minnesota Statutes 2000, section 115.55, by adding a 
  1.5             subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 115.55, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 9.  [WARRANTIED SYSTEMS.] (a) An individual sewage 
  1.10  treatment system may be installed provided that it meets all 
  1.11  local ordinance requirements and provided the requirements of 
  1.12  paragraphs (b) to (d) are met. 
  1.13     (b) The manufacturer shall provide to the commissioner: 
  1.14     (1) documentation that the manufacturer's system was 
  1.15  designated by the agency as a warrantied system as of June 30, 
  1.16  2001, and the system meets the size requirements or other 
  1.17  requirements that were the basis for the warrantied system 
  1.18  classification; 
  1.19     (2) documentation showing that a minimum of 50 of the 
  1.20  manufacturer's systems have been installed and operated and are 
  1.21  under normal use across all major soil classifications for a 
  1.22  minimum of three years; 
  1.23     (3) documentation that the system manufacturer or designer 
  1.24  will provide full warranty effective for at least five years 
  1.25  from the time of installation, covering design, labor, and 
  2.1   material costs to remedy failure to meet performance 
  2.2   expectations for systems used and installed in accordance with 
  2.3   the manufacturer's or designer's instructions; and 
  2.4      (4) financial assurance to cover potential replacement and 
  2.5   upgrades necessitated by failure of the system to meet the 
  2.6   performance expectations for the duration of the warranty 
  2.7   period.  The financial assurance must be submitted annually to 
  2.8   the agency.  
  2.9      (c) The manufacturer shall reimburse the agency for staff 
  2.10  services needed to review the information submitted pursuant to 
  2.11  paragraph (b).  Reimbursements accepted by the agency are 
  2.12  appropriated to the agency for the purpose of reviewing 
  2.13  information submitted.  Reimbursement by the manufacturer shall 
  2.14  precede, not be contingent upon, and shall not affect the 
  2.15  agency's decision on whether the submittal meets the 
  2.16  requirements of paragraph (b). 
  2.17     (d) The manufacturer shall provide to the local unit of 
  2.18  government reasonable assurance of performance of the 
  2.19  manufacturer's system, engineering design of the manufacturer's 
  2.20  system, a monitoring plan that will be provided to system 
  2.21  owners, and a mitigation plan that will be provided to system 
  2.22  owners describing actions to be taken if the system fails. 
  2.23     (e) The commissioner may prohibit an individual sewage 
  2.24  treatment system from qualifying for installation under this 
  2.25  subdivision upon a finding of fraud, system failure, failure to 
  2.26  meet warranty conditions, or failure to meet the requirements of 
  2.27  this subdivision or other matters that fail to meet with the 
  2.28  intent and purpose of this subdivision.  Prohibition of 
  2.29  installation of a system by the commissioner does not alter or 
  2.30  end warranty obligations for systems already installed.