SF 161

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; modifying rulemaking
requirements for individual sewage treatment systems;
prohibiting different local standards for new or
replacement individual sewage treatment systems;
amending Minnesota Statutes 2004, section 115.55,
subdivisions 3, 7.

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

Section 1.

Minnesota Statutes 2004, section 115.55,
subdivision 3, is amended to read:

Subd. 3.

Rules.

(a) The agency shall adopt rules
containing minimum standards and criteria for the design,
location, installation, use, and maintenance of individual
sewage treatment systems. The rules must include:

(1) how the agency will ensure compliance under subdivision
2;

(2) how local units of government shall enforce ordinances
under subdivision 2, including requirements for permits and
inspection programs;

(3) how the advisory committee will participate in review
and implementation of the rules;

(4) provisions for alternative systems;

(5) provisions for handling and disposal of effluent;

(6) provisions for system abandonment; and

(7) procedures for variances, including the consideration
of variances based on cost and variances that take into account
proximity of a system to other systems.

(b) The agency shall consult with the advisory committee
before adopting rules under this subdivision.

(c) Notwithstanding the repeal of the agency rule under
which the commissioner has established a list of warrantied
individual sewage treatment systems, the warranties for all
systems so listed as of the effective date of the repeal shall
continue to be valid for the remainder of the warranty period.

(d) The rules required in paragraph (a) must also address
the following:

(1) a definition of redoximorphic features and other
criteria that can be used by system designers and inspectors;

(2) direction on the interpretation of observed soil
features that may be redoximorphic and their relation to zones
of seasonal saturation; deleted text begin and
deleted text end

(3) procedures on how to resolve professional disagreements
on seasonally saturated soils new text begin ;
new text end

new text begin (4) minimum tank size requirements; and
new text end

new text begin (5) the size and type of rock bed required new text end .

deleted text begin These rules deleted text end new text begin The rule changes required by this paragraph new text end must be
deleted text begin in place deleted text end new text begin adopted new text end by March 31, 2006.

new text begin (e) A local unit of government shall not adopt an ordinance
for new or replacement individual sewage treatment systems that
is more restrictive or less restrictive than the requirements
adopted under this section.
new text end

Sec. 2.

Minnesota Statutes 2004, section 115.55,
subdivision 7, is amended to read:

Subd. 7.

Local standards.

(a) [EXISTING SYSTEMS.]
Counties may adopt by ordinance local standards that are less
restrictive than the agency's rules in order to define an
acceptable existing system. The local standards may include
soil separation, soil classification, vegetation, system use,
localized well placement and construction, localized density of
systems and wells, extent of area to be covered by local
standards, groundwater flow patterns, and existing natural or
artificial drainage systems. The local standards and criteria
shall be submitted to the commissioner for comment prior to
adoption to demonstrate that, based on local circumstances in
that jurisdiction, they adequately protect public health and the
environment.

(b) deleted text begin [NEW OR REPLACEMENT SYSTEMS.] Counties, after
providing documentation of conditions listed in this paragraph
to the commissioner, may adopt by ordinance local standards that
are less restrictive than the agency's rules for new system
construction or replacement in areas of sustained and projected
low population density where conditions render conformance to
applicable requirements difficult or otherwise inappropriate.
Documentation may include a map delineating the area of the
county to be served by the local standards, a description of the
hardship that would result from strict adherence to the agency's
rules, and evidence of sustained and projected low population
density. The local standards must protect human health and the
environment and be based on considerations that may include, but
need not be limited to, soil separation, soil classification,
vegetation, system use, localized well placement and
construction, localized density of systems and wells, extent of
area to be covered by local standards, groundwater flow
patterns, and existing natural or artificial drainage systems.
The local standards must provide cost-effective and long-term
treatment alternatives. The draft ordinance incorporating the
local standards must be submitted to the local water planning
advisory committee, created under section 103B.321, subdivision
3, and then submitted with justification to the commissioner 30
days before adoption for review and comment.
deleted text end

deleted text begin (c) [NEW OR REPLACEMENT SYSTEMS; LOCAL ORDINANCES.] A
local unit of government may adopt and enforce ordinances or
rules affecting new or replacement individual sewage treatment
systems that are more restrictive than the agency's rules. A
local unit of government may not adopt or enforce an ordinance
or rule if its effect is to prevent or delay recording with the
county recorder or registrar of titles of a deed or other
instrument that is otherwise entitled to be recorded.
deleted text end

deleted text begin (d) deleted text end [LOCAL STANDARDS; CONFLICT WITH STATE LAW.] Local
standards adopted under paragraph (a) deleted text begin or (b) deleted text end must not conflict
with any requirements under other state laws or rules or local
ordinances, including, but not limited to, requirements for:

(1) systems in shoreland areas, regulated under sections
103F.201 to 103F.221;

(2) well construction and location, regulated under chapter
103I; and

(3) systems used in connection with food, beverage, and
lodging establishments, regulated under chapter 157.

The local standards must include references to applicable
requirements under other state laws or rules or local ordinances.