HF 3687

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; changing inspection 
  1.3             criteria for individual sewage treatment systems; 
  1.4             amending Minnesota Statutes 1997 Supplement, section 
  1.5             115.55, subdivision 5a. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.8   115.55, subdivision 5a, is amended to read: 
  1.9      Subd. 5a.  [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a) 
  1.10  An inspection of an existing system must evaluate the criteria 
  1.11  in paragraphs (b) to (h). 
  1.12     (b) If the inspector finds one or more of the following 
  1.13  conditions: 
  1.14     (1) sewage discharge to surface water; 
  1.15     (2) sewage discharge to ground surface; 
  1.16     (3) sewage backup; or 
  1.17     (4) a cesspool; or 
  1.18     (5) any other situation with the potential to immediately 
  1.19  and adversely affect or threaten public health or safety, 
  1.20  then the system constitutes an imminent threat to public health 
  1.21  or safety and, if not repaired, must be upgraded, replaced, or 
  1.22  its use discontinued within ten months of receipt of the notice 
  1.23  described in subdivision 5b, or within a shorter period of time 
  1.24  if required by local ordinance. 
  1.25     (c) An existing system that has none of the conditions in 
  2.1   paragraph (b), and has at least two feet of soil separation need 
  2.2   not be upgraded, repaired, replaced, or its use discontinued, 
  2.3   notwithstanding any local ordinance that is more restrictive. 
  2.4      (d) Paragraph (c) does not apply to systems in shoreland 
  2.5   areas regulated under sections 103F.201 to 103F.221, wellhead 
  2.6   protection areas as defined in section 103I.005, or those used 
  2.7   in connection with food, beverage, and lodging establishments 
  2.8   regulated under chapter 157. 
  2.9      (e) If the local unit of government with jurisdiction over 
  2.10  the system has adopted an ordinance containing local standards 
  2.11  pursuant to subdivision 7, the existing system must comply with 
  2.12  the ordinance.  If the system does not comply with the 
  2.13  ordinance, it must be upgraded, replaced, or its use 
  2.14  discontinued according to the ordinance. 
  2.15     (f) If a seepage pit, drywell, cesspool, or leaching pit 
  2.16  exists and the local unit of government with jurisdiction over 
  2.17  the system has not adopted local standards to the contrary, the 
  2.18  system is failing and must be upgraded, replaced, or its use 
  2.19  discontinued within the time required by subdivision 3 or local 
  2.20  ordinance. 
  2.21     (g) If the system fails to provide sufficient groundwater 
  2.22  protection, then the local unit of government or its agent shall 
  2.23  order that the system be upgraded, replaced, or its use 
  2.24  discontinued within the time required by rule or the local 
  2.25  ordinance. 
  2.26     (h) The authority to find a threat to public health under 
  2.27  section 145A.04, subdivision 8, is in addition to the authority 
  2.28  to make a finding under paragraphs (b) to (d).