SF 797

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

A bill for an act
relating to the environment; individual sewage
treatment systems; modifying requirements for
groundwater protection; amending Minnesota Statutes
2004, section 115.55, subdivision 5a.

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

Section 1.

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

Subd. 5a.

Inspection criteria for existing systems.

(a)
An inspection of an existing system must evaluate the criteria
in paragraphs (b) to (j).

(b) If the inspector finds one or more of the following
conditions:

(1) sewage discharge to surface water;

(2) sewage discharge to ground surface;

(3) sewage backup; or

(4) any other situation with the potential to immediately
and adversely affect or threaten public health or safety,

then the system constitutes an imminent threat to public health
or safety and, if not repaired, must be upgraded, replaced, or
its use discontinued within ten months of receipt of the notice
described in subdivision 5b, or within a shorter period of time
if required by local ordinance.

(c) An existing system that has none of the conditions in
paragraph (b), and has at least two feet of soil separation need
not be upgraded, repaired, replaced, or its use discontinued,
notwithstanding any local ordinance that is more restrictive.

(d) Paragraph (c) does not apply to systems in shoreland
areas regulated under sections 103F.201 to 103F.221, wellhead
protection areas as defined in section 103I.005, or those used
in connection with food, beverage, and lodging establishments
regulated under chapter 157.

(e) If the local unit of government with jurisdiction over
the system has adopted an ordinance containing local standards
pursuant to subdivision 7, the existing system must comply with
the ordinance. If the system does not comply with the
ordinance, it must be upgraded, replaced, or its use
discontinued according to the ordinance.

(f) If a seepage pit, drywell, cesspool, or leaching pit
exists and the local unit of government with jurisdiction over
the system has not adopted local standards to the contrary, the
system is failing and must be upgraded, replaced, or its use
discontinued within the time required by subdivision 3 or local
ordinance.

(g) If the system fails to provide sufficient groundwater
protection, then the local unit of government or its agent shall
order that the system be upgraded, replaced, or its use
discontinued within the time required by rule or the local
ordinance. new text begin A system must not be ordered to be upgraded,
replaced, or discontinued without prior notice and opportunity
for hearing. A system is presumed to be in compliance if an
unsaturated zone of at least two feet exists below the bottom of
the drain field. The local unit of government or its agent has
the burden of proving that there is insufficient groundwater
protection by evidence that the saturated zone, as defined by
agency groundwater rules, exists within two feet of the bottom
of the system.
new text end

(h) The authority to find a threat to public health under
section 145A.04, subdivision 8, is in addition to the authority
to make a finding under paragraphs (b) to (d).

(i) Local inspectors must use the standard inspection form
provided by the agency. The inspection information required by
local ordinance may be included as an attachment to the standard
form. The following language must appear on the standard form:
"If an existing system is not failing as defined in law, and has
at least two feet of design soil separation, then the system
need not be upgraded, repaired, replaced, or its use
discontinued, notwithstanding any local ordinance that is more
strict. This does not apply to systems in shoreland areas,
wellhead protection areas, or those used in connection with
food, beverage, and lodging establishments as defined in law."

(j) For the purposes of this subdivision, an "existing
system" means a functioning system installed prior to April 1,
1996.