SF 2122

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; modifying provisions for disclosure of individual
sewage treatment systems; amending Minnesota Statutes 2006, section 115.55,
subdivision 6.

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

Section 1.

Minnesota Statutes 2006, section 115.55, subdivision 6, is amended to read:

Subd. 6.

Disclosure of individual sewage treatment system to buyer.

(a) Before
signing an agreement to sell or transfer real property, the seller or transferor must disclose
in writing to the buyer or transferee information on how sewage generated at the property
is managed. The disclosure must be made by delivering a statement to the buyer or
transferee that either:

(1) the sewage goes to a facility permitted by the agency; or

(2) the sewage does not go to a permitted facility, is therefore subject to applicable
requirements, and deleted text begin describes the system in use, including the legal description of the
property, the county in which the property is located, and a map drawn from available
information showing the location of the system on the property to the extent practicable deleted text end new text begin
the system has a valid certificate of compliance or notice of noncompliance as provided
under subdivision 5 new text end . If the seller or transferor has knowledge that an abandoned individual
sewage treatment system exists on the property, the disclosure must include a map
showing its location. deleted text begin In the disclosure statement the seller or transferor must indicate
whether the individual sewage treatment system is in use and, to the seller's or transferor's
knowledge, in compliance with applicable sewage treatment laws and rules. deleted text end new text begin A copy of
the certificate of compliance or notice of noncompliance shall be provided to the county
recorder or registrar of titles in the county where the individual sewage treatment system
is located. A copy of the filing shall go to the county office responsible for the individual
sewage treatment system program.
new text end

(b) deleted text begin Unless the buyer or transferee and seller or transferor agree to the contrary in
writing before the closing of the sale, deleted text end A seller or transferor who fails to deleted text begin disclose the
existence or known status of an individual sewage treatment system deleted text end new text begin provide to the buyer
or transferor a valid certificate of compliance or notice of noncompliance new text end at the time
of sale deleted text begin , and who knew or had reason to know of the existence or known status of the
system, deleted text end new text begin and whose system was noncompliant at the time of the sale new text end is liable to the buyer
or transferee for costs relating to bringing the system into compliance with the individual
sewage treatment system rules and for reasonable attorney fees for collection of costs from
the seller or transferor. An action under this subdivision must be commenced within two
years after the date on which the buyer or transferee closed the purchase or transfer of the
real property where the system is located.