1st Engrossment - 83rd Legislature (2003 - 2004) 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 warrantied sewage treatment systems; 1.4 amending Minnesota Statutes 2002, section 115.55, 1.5 subdivision 9; repealing Minnesota Statutes 2002, 1.6 section 115.55, subdivision 10. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2002, section 115.55, 1.9 subdivision 9, is amended to read: 1.10 Subd. 9. [WARRANTIED SYSTEMS.] (a) An individual sewage 1.11 treatment system may be installed provided that it meets all 1.12 local ordinance requirements and provided the requirements of 1.13 paragraphs (b) to
(d)(e) are met. 1.14 (b) The manufacturer shall provide to the commissioner: 1.15 (1) documentation that the manufacturer's system was 1.16 designated by the agency as a warrantied system as of June 30, 1.17 2001, andor the system is a modified version of the system that 1.18 was designated as a warrantied system and meets the size 1.19 requirements or other requirements that were the basis for 1.20 the previous warrantied system classification; or 1.21 (2) documentation showing that a minimum of 50 of the 1.22 manufacturer's systems have been installed and operated and are 1.23 under normal use across all major soil classifications for a 1.24 minimum of three years ;. 1.25 (3)(c) For each system that meets the requirements of 1.26 paragraph (b), clause (1) or (2), the manufacturer must provide 2.1 to the commissioner: 2.2 (1) documentation that the system manufacturer or designer 2.3 will provide full warranty effective for at least five years 2.4 from the time of installation, covering design, labor, and 2.5 material costs to remedy failure to meet performance 2.6 expectations for systems used and installed in accordance with 2.7 the manufacturer's or designer's instructions; and 2.8 (4)(2) a commonly accepted financial assurance document or 2.9 documentation of the manufacturer's or designer's financial 2.10 ability to cover potential replacement and upgrades necessitated 2.11 by failure of the system to meet the performance expectations 2.12 for the duration of the warranty period. 2.13 (c)(d) The manufacturer shall reimburse the agency an 2.14 amount of $1,000$2,000 for staff services needed to review the 2.15 information submitted pursuant to paragraphparagraphs (b) and 2.16 (c). Reimbursements accepted by the agency shall be deposited 2.17 in the environmental fund and are appropriated to the agency for 2.18 the purpose of reviewing information submitted. Reimbursement 2.19 by the manufacturer shall precede, not be contingent upon, and 2.20 shall not affect the agency's decision on whether the submittal 2.21 meets the requirements of paragraphparagraphs (b) and (c). 2.22 (d)(e) The manufacturer shall provide to the local unit of 2.23 government reasonable assurance of performance of the 2.24 manufacturer's system, engineering design of the manufacturer's 2.25 system, a monitoring plan that will be provided to system 2.26 owners, and a mitigation plan that will be provided to system 2.27 owners describing actions to be taken if the system fails. 2.28 (e)(f) The commissioner may prohibit an individual sewage 2.29 treatment system from qualifying for installation under this 2.30 subdivision upon a finding of fraud, system failure, failure to 2.31 meet warranty conditions, or failure to meet the requirements of 2.32 this subdivision or other matters that fail to meet with the 2.33 intent and purpose of this subdivision. Prohibition of 2.34 installation of a system by the commissioner does not alter or 2.35 end warranty obligations for systems already installed. 2.36 Sec. 2. [REPEALER.] 3.1 Minnesota Statutes 2002, section 115.55, subdivision 10, is 3.2 repealed.