SF 1941

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; specifying compliance 
  1.3             requirements for certain existing individual sewage 
  1.4             treatment systems; amending Minnesota Statutes 1994, 
  1.5             section 115.55, subdivision 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 115.55, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [INSPECTION.] (a) Except as provided in paragraph 
  1.10  (b) (e), after December 31, 1995, a local unit of government may 
  1.11  not issue a building permit or variance for new construction or 
  1.12  replacement of a system, as defined by agency rule, or for the 
  1.13  addition of a bedroom or bathroom on property served by a system 
  1.14  unless the system is in compliance with the applicable 
  1.15  requirements, as evidenced by a certificate of compliance issued 
  1.16  by a licensed inspector or site evaluator or designer. 
  1.17     (b) In areas that are not subject to ordinances adopted 
  1.18  under subdivision 2, A compliance inspection under this 
  1.19  subdivision is required only for all new construction or 
  1.20  replacement of a system, as defined by agency rule. 
  1.21     (c) If a system inspected under this subdivision is not in 
  1.22  compliance with the applicable requirements, the inspector or 
  1.23  site evaluator or designer must issue a notice of noncompliance 
  1.24  to the property owner and must may provide a copy of the notice 
  1.25  to the local unit of government to which application for the 
  2.1   building permit or variance was made if required.  
  2.2      (d) If the inspector or site evaluator or designer finds 
  2.3   that the system presents an imminent threat to public health or 
  2.4   safety, the inspector or site evaluator or designer must include 
  2.5   a statement to this effect in the notice and must provide a copy 
  2.6   of the notice to the local unit of government.  The property 
  2.7   owner must upgrade, replace, or discontinue use of the system 
  2.8   within ten months of receipt of the notice. 
  2.9      (e) Systems installed between May 27, 1989, and January 23, 
  2.10  1996, are subject to the inspection requirements of paragraphs 
  2.11  (a) to (c).  Unless paragraph (d) applies, these systems have 
  2.12  five years from the date of the bedroom building permit to 
  2.13  comply with applicable requirements. 
  2.14     Sec. 2.  [EFFECTIVE DATE.] 
  2.15     Section 1 is effective the day following final enactment.