SF 2123

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 individual sewage
treatment systems; appropriating money; amending Minnesota Statutes 2006,
section 115.55, subdivisions 1, 2, 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to sections
115.55 to 115.56.

(b) "Advisory committee" means the Advisory Committee on Individual Sewage
Treatment Systems established under the individual sewage treatment system rules. The
advisory committee must be appointed to ensure geographic representation of the state
and include elected public officials.

(c) "Applicable requirements" means:

(1) local ordinances that comply with the individual sewage treatment system rules,
as required in subdivision 2; or

(2) in areas not subject to the ordinances described in clause (1), the individual
sewage treatment system rules.

(d) "City" means a statutory or home rule charter city.

(e) "Commissioner" means the commissioner of the Pollution Control Agency.

(f) "Dwelling" means a building or place used or intended to be used by human
occupants as a single-family or two-family unit.

(g) "Individual sewage treatment system" or "system" means a sewage treatment
system, or part thereof, serving a dwelling, other establishment, or group thereof, that
uses subsurface soil treatment and disposal.

(h) "Individual sewage treatment system professional" means an inspector, installer,
site evaluator or designer, or pumper.

(i) "Individual sewage treatment system rules" means rules adopted by the agency
that establish minimum standards and criteria for the design, location, installation, use,
and maintenance of individual sewage treatment systems.

(j) "Inspector" means a person who inspects individual sewage treatment systems for
compliance with the applicable requirements.

(k) "Installer" means a person who constructs or repairs individual sewage treatment
systems.

(l) "Local unit of government" means a township, city, or county.

(m) new text begin "Performance-based system" means a system that is designed specifically for a
site and the environmental conditions on that site and designed to adequately protect the
public health and the environment and provide long-term performance. At a minimum, a
performance based system must ensure that applicable water quality standards are met in
both ground and surface water that ultimately receive the treated wastewater.
new text end

new text begin (n) new text end "Pumper" means a person who maintains components of individual sewage
treatment systems including, but not limited to, septic, aerobic, and holding tanks.

deleted text begin (n) deleted text end new text begin (o) new text end "Seasonal dwelling" means a dwelling that is occupied or used for less than
180 days per year and less than 120 consecutive days.

deleted text begin (o) deleted text end new text begin (p) new text end "Septic system tank" means any covered receptacle designed, constructed,
and installed as part of an individual sewage treatment system.

deleted text begin (p) deleted text end new text begin (q) new text end "Site evaluator or designer" means a person who:

(1) investigates soils and site characteristics to determine suitability, limitations, and
sizing requirements; and

(2) designs individual sewage treatment systems.

Sec. 2.

Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read:

Subd. 2.

Local ordinances.

(a) All counties deleted text begin that did not adopt ordinances by May
7, 1994, or that do not have ordinances, deleted text end must adopt ordinances that comply with new text begin revisions
to the new text end individual sewage treatment system rules by January 1, deleted text begin 1999, unless all towns and
cities in the county have adopted such ordinances deleted text end new text begin 2008 new text end . County ordinances must apply to
all areas of the county other than cities or towns that have adopted ordinances that comply
with this section and are as strict as the applicable county ordinances. deleted text begin Any ordinance
adopted by a local unit of government before May 7, 1994, to regulate individual sewage
treatment systems must be in compliance with the individual sewage treatment system
rules by January 1, 1998.
deleted text end

(b) A copy of each ordinance adopted under this subdivision must be submitted to
the commissioner upon adoption.

(c) A local unit of government must make available to the public upon request a
written list of any differences between its ordinances and rules adopted under this section.

Sec. 3.

Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read:

Subd. 3.

Rules.

(a) The agency shall adopt rules containing minimum standards and
criteria for the design, location, installation, use, and maintenance of individual sewage
treatment systems. The rules must include:

(1) how the agency will ensure compliance under subdivision 2;

(2) how local units of government shall enforce ordinances under subdivision 2,
including requirements for permits and inspection programs;

(3) how the advisory committee will participate in review and implementation of
the rules;

(4) provisions for deleted text begin alternative deleted text end new text begin nonstandard new text end systems new text begin and performance-based systems new text end ;

(5) provisions for handling and disposal of effluent;

(6) provisions for system abandonment; and

(7) procedures for variances, including the consideration of variances based on cost
and variances that take into account proximity of a system to other systems.

(b) The agency shall consult with the advisory committee before adopting rules
under this subdivision.

(c) Notwithstanding the repeal of the agency rule under which the commissioner
has established a list of warrantied individual sewage treatment systems, the warranties
for all systems so listed as of the effective date of the repeal shall continue to be valid
for the remainder of the warranty period.

(d) The rules required in paragraph (a) must also address the following:

(1) a definition of redoximorphic features and other criteria that can be used by
system designers and inspectors;

(2) direction on the interpretation of observed soil features that may be
redoximorphic and their relation to zones of seasonal saturation; and

(3) procedures on how to resolve professional disagreements on seasonally saturated
soils.

These rules must be in place by March 31, 2006.

Sec. 4.

Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Advisory committee; county individual sewage treatment system
management plan. new text end

new text begin (a) A county may adopt an individual sewage treatment system
management plan that describes how the county plans on carrying out individual sewage
treatment system needs. The commissioner of the Pollution Control Agency shall form an
advisory committee to determine what the plans should address. The advisory committee
shall be made up of representatives of the Association of Minnesota Counties, Pollution
Control Agency, Board of Water and Soil Resources, Department of Health, and other
public agencies that have an interest in individual sewage treatment systems.
new text end

new text begin (b) The advisory committee shall advise the agency on the standards, management,
monitoring, and reporting requirements for performance-based systems.
new text end

Sec. 5. new text begin TECHNICAL ASSISTANCE.
new text end

new text begin The commissioner of the Pollution Control Agency shall establish a database of
best practices regarding the installation, management, and maintenance of individual
sewage treatment systems. The database must be made available to any interested public
or private party.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of agriculture to
be distributed under the Department of Agriculture's best management practice program
for counties to set up a locally managed revolving loan fund used to improve individual
sewage treatment systems. This appropriation is a supplement to local water planning
grants.
new text end