SF 712

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; modifying requirements 
  1.3             relating to individual sewage treatment systems; 
  1.4             giving the commissioner of the pollution control 
  1.5             agency certain interim authority; amending Minnesota 
  1.6             Statutes 1996, section 115.55, subdivisions 1, 2, 3, 
  1.7             5, and 6. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 115.55, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.12  subdivision apply to this section and section 115.56. 
  1.13     (b) "Advisory committee" means the advisory committee on 
  1.14  individual sewage treatment systems established under the 
  1.15  individual sewage treatment system rules.  The advisory 
  1.16  committee must be appointed to ensure geographic representation 
  1.17  of the state and include at least 50 percent state and local 
  1.18  elected public officials. 
  1.19     (c) "Applicable requirements" means: 
  1.20     (1) local ordinances that comply with the individual sewage 
  1.21  treatment system rules, as required in subdivision 2; or 
  1.22     (2) in areas not subject to the ordinances described in 
  1.23  clause (1), the individual sewage treatment system rules. 
  1.24     (d) "City" means a statutory or home rule charter city. 
  1.25     (e) "Commissioner" means the commissioner of the pollution 
  1.26  control agency. 
  2.1      (f) "Dwelling" means a building or place used or intended 
  2.2   to be used by human occupants as a single-family or two-family 
  2.3   unit. 
  2.4      (g) "Individual sewage treatment system" or "system" means 
  2.5   a sewage treatment system, or part thereof, serving a dwelling, 
  2.6   other establishment, or group thereof, that uses subsurface soil 
  2.7   treatment and disposal. 
  2.8      (h) "Individual sewage treatment system professional" means 
  2.9   an inspector, installer, site evaluator or designer, or pumper. 
  2.10     (i) "Individual sewage treatment system rules" means rules 
  2.11  adopted by the agency that establish minimum standards and 
  2.12  criteria for the design, location, installation, use, and 
  2.13  maintenance of individual sewage treatment systems. 
  2.14     (j) "Inspector" means a person who inspects individual 
  2.15  sewage treatment systems for compliance with the applicable 
  2.16  requirements. 
  2.17     (k) "Installer" means a person who constructs or repairs 
  2.18  individual sewage treatment systems. 
  2.19     (l) "Local unit of government" means a township, city, or 
  2.20  county. 
  2.21     (m) "Pumper" means a person who maintains components of 
  2.22  individual sewage treatment systems including, but not limited 
  2.23  to, septic, aerobic, and holding tanks. 
  2.24     (n) "Seasonal dwelling" means a dwelling that is occupied 
  2.25  or used for less than 180 days per year and less than 120 
  2.26  consecutive days. 
  2.27     (o) "Site evaluator or designer" means a person who: 
  2.28     (1) investigates soils and site characteristics to 
  2.29  determine suitability, limitations, and sizing requirements; and 
  2.30     (2) designs individual sewage treatment systems. 
  2.31     Sec. 2.  Minnesota Statutes 1996, section 115.55, 
  2.32  subdivision 2, is amended to read: 
  2.33     Subd. 2.  [LOCAL ORDINANCES.] (a) Any ordinance adopted by 
  2.34  a local unit of government to regulate individual sewage 
  2.35  treatment systems must be in compliance with the individual 
  2.36  sewage treatment system rules by January 1, 1998. 
  3.1      (b) A copy of each ordinance adopted under this subdivision 
  3.2   must be submitted to the commissioner upon adoption. 
  3.3      (c) A local unit of government must make available to the 
  3.4   public, upon request, a written explanation of any differences 
  3.5   between its ordinances and rules adopted under this section. 
  3.6      Sec. 3.  Minnesota Statutes 1996, section 115.55, 
  3.7   subdivision 3, is amended to read: 
  3.8      Subd. 3.  [RULES.] (a) The agency shall adopt rules 
  3.9   containing minimum standards and criteria for the design, 
  3.10  location, installation, use, and maintenance of individual 
  3.11  sewage treatment systems.  The rules must include: 
  3.12     (1) how the agency will ensure compliance under subdivision 
  3.13  2; 
  3.14     (2) how local units of government shall enforce ordinances 
  3.15  under subdivision 2, including requirements for permits and 
  3.16  inspection programs; 
  3.17     (3) how the advisory committee will participate in review 
  3.18  and implementation of the rules; 
  3.19     (4) provisions for alternative systems; 
  3.20     (5) provisions for handling and disposal of effluent; 
  3.21     (6) provisions for system abandonment; 
  3.22     (7) provisions allowing local units of government, 
  3.23  regardless whether the local unit of government has adopted an 
  3.24  ordinance, to adopt alternative standards and criteria for new 
  3.25  and existing systems that are based on soil classification, 
  3.26  vegetation, system use, localized population density, localized 
  3.27  density of systems and wells, depth to potable groundwater, and 
  3.28  existing natural or proposed mechanical drainage systems, 
  3.29  provided that: 
  3.30     (i) the alternative standards and criteria may not apply to 
  3.31  new construction or replacement of systems, as defined by the 
  3.32  agency; and 
  3.33     (ii) the commissioner must certify is notified of the 
  3.34  alternative standards and criteria prior to adoption and the 
  3.35  local unit of government demonstrates that the alternative 
  3.36  standards and criteria adequately protect public health and the 
  4.1   environment; and 
  4.2      (8) procedures for inspectors to use in determining whether 
  4.3   a system sufficiently protects potable groundwater, using 
  4.4   vertical soil separation and other criteria, including soil 
  4.5   classification, vegetation, landscape, population density, 
  4.6   system density, and existing or proposed drainage systems; 
  4.7      (9) procedures for the commissioner to approve new 
  4.8   individual sewage treatment system technologies for use as 
  4.9   warrantied systems if the manufacturer of the technology 
  4.10  provides to the commissioner: 
  4.11     (i) documentation on where and how the technology is to be 
  4.12  used; and 
  4.13     (ii) documentation, which may include field testing, that 
  4.14  the technology will perform as expected; and 
  4.15     (10) procedures for variances, including the consideration 
  4.16  of variances based on cost and variances that take into account 
  4.17  proximity of a system to other systems. 
  4.18     (b) The agency shall consult with the advisory committee 
  4.19  before adopting rules under this subdivision. 
  4.20     Sec. 4.  Minnesota Statutes 1996, section 115.55, 
  4.21  subdivision 5, is amended to read: 
  4.22     Subd. 5.  [INSPECTION.] (a) Except as provided in paragraph 
  4.23  (e), a local unit of government may not issue a building permit 
  4.24  or variance for the addition of a bedroom on property served by 
  4.25  a system unless the system is in compliance with the applicable 
  4.26  requirements, as evidenced by a certificate of compliance issued 
  4.27  by a licensed an inspector or site evaluator or designer.  A 
  4.28  local unit of government may temporarily waive the certificate 
  4.29  of compliance requirement for a building permit or variance for 
  4.30  which application is made during the period from November 1 to 
  4.31  April 30, provided that an inspection of the system is performed 
  4.32  by the following June 1 and the applicant submits a certificate 
  4.33  of compliance by the following September 30. 
  4.34     (b) A compliance inspection under this subdivision is 
  4.35  required for all new construction or replacement of a system, as 
  4.36  defined by agency rule. 
  5.1      (c) If a system inspected under this subdivision is not in 
  5.2   compliance with the applicable requirements, the inspector or 
  5.3   site evaluator or designer must issue a notice of noncompliance 
  5.4   to the property owner and must provide a copy of the notice to 
  5.5   the local unit of government to which application for the 
  5.6   building permit or variance was made that regulates the 
  5.7   applicable requirements.  The notice of noncompliance must 
  5.8   specify why the system is failing and the specific upgrade time 
  5.9   period required by law, rule, or local ordinance.  
  5.10     (d) If the inspector or site evaluator or designer finds 
  5.11  that the system presents an imminent threat to public health or 
  5.12  safety, the inspector or site evaluator or designer must include 
  5.13  a statement to this effect in the notice and the property owner 
  5.14  must upgrade, replace, or discontinue use of the system within 
  5.15  ten months of receipt of the notice.  The authority to find a 
  5.16  threat to public health under section 145A.04, subdivision 8, is 
  5.17  in addition to the authority to make a finding under this 
  5.18  paragraph. 
  5.19     (e) Except as provided in paragraph (d), if a system 
  5.20  installed between May 27, 1989, and January 23, 1996, does not 
  5.21  comply with applicable requirements, the property owner has five 
  5.22  years from the date of the bedroom building permit to bring the 
  5.23  system into compliance. 
  5.24     Sec. 5.  Minnesota Statutes 1996, section 115.55, 
  5.25  subdivision 6, is amended to read: 
  5.26     Subd. 6.  [DISCLOSURE OF INDIVIDUAL SEWAGE TREATMENT SYSTEM 
  5.27  TO BUYER.] After August 31, 1994, before signing an agreement to 
  5.28  sell or transfer real property, the seller or transferor must 
  5.29  disclose in writing to the buyer or transferee information about 
  5.30  the status and location of individual sewage treatment systems 
  5.31  on the property or serving the property.  The disclosure must be 
  5.32  made by delivering to the buyer or transferee either a statement 
  5.33  by the seller that there is no individual sewage treatment 
  5.34  system on or serving the property or a disclosure statement 
  5.35  describing the system and indicating the legal description of 
  5.36  the property, the county in which the property is located, and a 
  6.1   map drawn from available information showing the location of the 
  6.2   system on the property to the extent practicable.  In the 
  6.3   disclosure statement the seller must indicate whether the 
  6.4   individual sewage treatment system is in use and, to the 
  6.5   seller's knowledge, in compliance with applicable sewage 
  6.6   treatment laws and rules.  Unless the buyer and seller agree to 
  6.7   the contrary in writing before the closing of the sale, a seller 
  6.8   who fails to disclose the existence or known status of an 
  6.9   individual sewage treatment system at the time of sale, and who 
  6.10  knew or had reason to know of the existence or known status of 
  6.11  the system, is liable to the buyer for costs relating to 
  6.12  bringing the system into compliance with the individual sewage 
  6.13  treatment system rules and for reasonable attorney fees for 
  6.14  collection of costs from the seller.  An action under this 
  6.15  subdivision must be commenced within two years after the date on 
  6.16  which the buyer closed the purchase or transfer of the real 
  6.17  property where the system is located. 
  6.18     Sec. 6.  [INTERIM AUTHORITY.] 
  6.19     The commissioner shall allow compliance with, and shall act 
  6.20  in accordance with, the amendments in section 3 to Minnesota 
  6.21  Statutes, section 115.55, subdivision 3, until the effective 
  6.22  date of new rules adopted under Minnesota Statutes, section 
  6.23  115.55. 
  6.24     Sec. 7.  [EFFECTIVE DATE.] 
  6.25     Section 6 is effective the day following final enactment.