SF 1238

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying provisions 
  1.3             relating to individual sewage treatment systems; 
  1.4             amending Minnesota Statutes 1994, sections 115.55, 
  1.5             subdivisions 1, 2, 3, 5, and 7; and 115.56, 
  1.6             subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 115.55, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.11  subdivision apply to this section and section 115.56. 
  1.12     (b) "Advisory committee" means the advisory committee on 
  1.13  individual sewage treatment systems established under the 
  1.14  individual sewage treatment system rules. 
  1.15     (c) "Applicable requirements" means: 
  1.16     (1) local ordinances that comply with the individual sewage 
  1.17  treatment system rules, as required in subdivision 2; or 
  1.18     (2) in areas not subject to the ordinances described in 
  1.19  clause (1), the individual sewage treatment system rules. 
  1.20     (d) "City" means a statutory or home rule charter city. 
  1.21     (e) "Commissioner" means the commissioner of the pollution 
  1.22  control agency. 
  1.23     (f) "Dwelling" means a building or place used or intended 
  1.24  to be used by human occupants as a single-family or two-family 
  1.25  unit. 
  1.26     (g) "Individual sewage treatment system" or "system" means 
  2.1   a sewage treatment system, or part thereof, serving a dwelling, 
  2.2   other establishment, or group thereof, that uses subsurface soil 
  2.3   treatment and disposal. 
  2.4      (h) "Individual sewage treatment system professional" means 
  2.5   an inspector, installer, site evaluator or designer, or pumper. 
  2.6      (i) "Individual sewage treatment system rules" means rules 
  2.7   adopted by the agency that establish minimum standards and 
  2.8   criteria for the design, location, installation, use, and 
  2.9   maintenance of individual sewage treatment systems under 
  2.10  subdivision 3. 
  2.11     (j) "Inspector" means a person who inspects individual 
  2.12  sewage treatment systems for compliance with the applicable 
  2.13  requirements. 
  2.14     (k) "Installer" means a person who constructs or repairs 
  2.15  individual sewage treatment systems. 
  2.16     (l) "Local unit of government" means a township, city, or 
  2.17  county. 
  2.18     (m) "Pumper" means a person who maintains components of 
  2.19  individual sewage treatment systems including, but not limited 
  2.20  to, septic, aerobic, and holding tanks. 
  2.21     (n) "Seasonal dwelling" means a dwelling that is occupied 
  2.22  or used for less than 180 days per year and less than 120 
  2.23  consecutive days. 
  2.24     (o) "Site evaluator or designer" means a person who: 
  2.25     (1) investigates soils and site characteristics to 
  2.26  determine suitability, limitations, and sizing requirements; and 
  2.27     (2) designs individual sewage treatment systems. 
  2.28     Sec. 2.  Minnesota Statutes 1994, section 115.55, 
  2.29  subdivision 2, is amended to read: 
  2.30     Subd. 2.  [LOCAL ORDINANCES.] (a) Any ordinance adopted by 
  2.31  a local unit of government to regulate individual sewage 
  2.32  treatment systems must be in compliance with the individual 
  2.33  sewage treatment system rules by January 1, 1996 1998. 
  2.34     (b) A copy of each ordinance adopted under this subdivision 
  2.35  must be submitted to the commissioner upon adoption. 
  2.36     Sec. 3.  Minnesota Statutes 1994, section 115.55, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  [RULES.] (a) The agency shall adopt rules 
  3.3   containing minimum standards and criteria for the design, 
  3.4   location, installation, use, and maintenance of individual 
  3.5   sewage treatment systems.  The rules must include: 
  3.6      (1) how the agency will ensure compliance under subdivision 
  3.7   2; 
  3.8      (2) how local units of government shall enforce ordinances 
  3.9   under subdivision 2, including requirements for permits and 
  3.10  inspection programs; 
  3.11     (3) how the advisory committee will participate in review 
  3.12  and implementation of the rules; 
  3.13     (4) provisions for alternative systems; 
  3.14     (5) provisions for handling and disposal of effluent, 
  3.15  including a provision allowing the bottom of a soil treatment 
  3.16  trench or bed to be two feet above the water table or bedrock in 
  3.17  areas of the state with historically high water tables; 
  3.18     (6) provisions for system abandonment; 
  3.19     (7) provisions allowing local units of government to adopt 
  3.20  alternative standards and criteria, provided that: 
  3.21     (i) the alternative standards and criteria may not apply to 
  3.22  new construction or replacement of systems, as defined by the 
  3.23  agency; and 
  3.24     (ii) the commissioner must certify that the alternative 
  3.25  standards and criteria adequately protect public health and the 
  3.26  environment; and 
  3.27     (8) procedures for variances, including the consideration 
  3.28  of variances based on cost economic hardship and variances that 
  3.29  take into account proximity of a system to other systems. 
  3.30     (b) The agency shall consult with the advisory committee 
  3.31  before adopting rules under this subdivision. 
  3.32     Sec. 4.  Minnesota Statutes 1994, section 115.55, 
  3.33  subdivision 5, is amended to read: 
  3.34     Subd. 5.  [INSPECTION.] (a) Except as provided in paragraph 
  3.35  (b), after December 31, 1995 1997, a local unit of government 
  3.36  may not issue a building permit or variance for new construction 
  4.1   or replacement of a system, as defined by agency rule, or for 
  4.2   the addition of a bedroom or bathroom on property served by a 
  4.3   system unless the system is in compliance with the applicable 
  4.4   requirements, as evidenced by a certificate of compliance issued 
  4.5   by a licensed inspector or site evaluator or designer. 
  4.6      (b) In areas that are not subject to ordinances adopted 
  4.7   under subdivision 2, a compliance inspection under this 
  4.8   subdivision is required only for new construction or replacement 
  4.9   of a system, as defined by agency rule. 
  4.10     (c) If a system inspected under this subdivision is not in 
  4.11  compliance with the applicable requirements, the inspector or 
  4.12  site evaluator or designer must issue a notice of noncompliance 
  4.13  to the property owner and must provide a copy of the notice to 
  4.14  the local unit of government to which application for the 
  4.15  building permit or variance was made.  If the inspector or site 
  4.16  evaluator or designer finds that the system presents an imminent 
  4.17  threat to public health or safety, the inspector or site 
  4.18  evaluator or designer must include a statement to this effect in 
  4.19  the notice and the property owner must upgrade, replace, or 
  4.20  discontinue use of the system within ten months of receipt of 
  4.21  the notice. 
  4.22     Sec. 5.  Minnesota Statutes 1994, section 115.55, 
  4.23  subdivision 7, is amended to read: 
  4.24     Subd. 7.  [LOCAL ORDINANCE MAY BE MORE RESTRICTIVE.] 
  4.25  (a) Except as provided in paragraph (b), a local unit of 
  4.26  government may adopt and enforce ordinances or rules affecting 
  4.27  individual sewage treatment systems that are more restrictive 
  4.28  than the agency's rules.  
  4.29     (b) A local ordinance regulating individual sewage 
  4.30  treatment systems must include a variance for economic hardship 
  4.31  that is consistent with the variance in the agency's rules. 
  4.32     (c) If standards are adopted that are more restrictive than 
  4.33  the agency's rules, the local unit of government must submit the 
  4.34  more restrictive standards to the commissioner along with an 
  4.35  explanation of the more restrictive provisions. 
  4.36     Sec. 6.  Minnesota Statutes 1994, section 115.56, 
  5.1   subdivision 2, is amended to read: 
  5.2      Subd. 2.  [LICENSE REQUIRED.] (a) Except as provided in 
  5.3   paragraph (b), after March 31, 1996, a person may not design, 
  5.4   install, maintain, pump, or inspect an individual sewage 
  5.5   treatment system without a license issued by the commissioner. 
  5.6      (b) A license is not required for a person who complies 
  5.7   with the applicable requirements if the person is: 
  5.8      (1) a qualified employee of state or local government who 
  5.9   has passed the examination described in paragraph (d) or a 
  5.10  similar examination; 
  5.11     (2) an individual who constructs an individual sewage 
  5.12  treatment system on land that is owned or leased by the 
  5.13  individual and functions solely as the individual's dwelling or 
  5.14  seasonal dwelling; or 
  5.15     (3) a farmer who pumps an individual sewage treatment 
  5.16  system on land that is owned or leased by the farmer and 
  5.17  functions as the farmer's dwelling; or 
  5.18     (4) an individual who performs labor or services for a 
  5.19  person licensed under this section in connection with the 
  5.20  design, installation, maintenance, pumping, or inspection of an 
  5.21  individual sewage treatment system at the direction and under 
  5.22  the personal supervision of a person licensed under this section.
  5.23     A person constructing an individual sewage treatment system 
  5.24  under clause (2) must consult with a site evaluator or designer 
  5.25  before beginning construction.  In addition, the system must be 
  5.26  inspected before being covered and a compliance report must be 
  5.27  provided to the local unit of government after the inspection. 
  5.28     (c) The commissioner, in conjunction with the University of 
  5.29  Minnesota extension service or another higher education 
  5.30  institution, shall ensure adequate training exists for 
  5.31  individual sewage treatment system professionals. 
  5.32     (d) The commissioner shall conduct examinations to test the 
  5.33  knowledge of applicants for licensing and shall issue 
  5.34  documentation of licensing.  
  5.35     (e) Licenses may be issued only upon successful completion 
  5.36  of the required examination and submission of proof of 
  6.1   sufficient experience, proof of general liability insurance, and 
  6.2   a corporate surety bond in the amount of at least $10,000.  
  6.3      (f) Notwithstanding paragraph (e), the examination and 
  6.4   proof of experience are not required for an individual sewage 
  6.5   treatment system professional who, on the effective date of the 
  6.6   rules adopted under subdivision 1, holds a certification 
  6.7   attained by examination and experience under a voluntary 
  6.8   certification program administered by the agency. 
  6.9      (g) Local units of government may not require additional 
  6.10  local licenses for individual sewage treatment system 
  6.11  professionals. 
  6.12     Sec. 7.  [LEGISLATIVE REVIEW OF RULES.] 
  6.13     The pollution control agency must not adopt the rules 
  6.14  required in Minnesota Statutes, section 115.55, subdivision 3, 
  6.15  before July 1, 1996.  By January 1, 1996, the agency shall 
  6.16  submit the proposed rules to the legislative water commission.