SF 63

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

A bill for an act
relating to the environment; modifying individual
sewage treatment system inspection requirements to
avoid conflicts of interest; amending Minnesota
Statutes 2004, section 115.55, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 115.55,
subdivision 5, is amended to read:

Subd. 5.

Inspection.

(a) An inspection shall be required
for all new construction or replacement of a system to determine
compliance with agency rule or local standards. The manner and
timing of inspection may be determined by the applicable local
ordinance. The inspection requirement may be satisfied by a
review by the designated local official of video, electronic,
photographic, or other evidence of compliance provided by the
installer.

(b) Except as provided in subdivision 5b, paragraph (b), a
local unit of government may not issue a building permit or
variance for the addition of a bedroom on property served by a
system unless the system is in compliance with the applicable
requirements, as evidenced by a certificate of compliance issued
by a licensed inspector or site evaluator or designer. A local
unit of government may temporarily waive the certificate of
compliance requirement for a building permit or variance for
which application is made during the period from November 1 to
April 30, provided that an inspection of the system is performed
by the following June 1 and the applicant submits a certificate
of compliance by the following September 30. This paragraph
does not apply if the local unit of government does not have an
ordinance requiring a building permit to add a bedroom.

(c) A certificate of compliance for an existing system is
valid for three years from the date of issuance unless the local
unit of government finds evidence of an imminent threat to
public health or safety requiring removal and abatement under
section 145A.04, subdivision 8.

(d) A certificate of compliance for a new system is valid
for five years from the date of issuance unless the local unit
of government finds evidence of an imminent threat to public
health or safety requiring removal and abatement under section
145A.04, subdivision 8.

(e) A licensed inspector who inspects an existing system
may subsequently design and install a new system for that
property, provided the inspector is licensed to install
individual sewage treatment systems.

new text begin (f) No system professional may use their position with
government, either as an employee or a contractor, to solicit
business for their private system enterprise.
new text end