SF 3072

as introduced - 86th Legislature (2009 - 2010) Posted on 03/04/2010 04:10pm

A bill for an act
relating to environment; modifying subsurface sewage treatment systems
provisions; amending Minnesota Statutes 2009 Supplement, sections 115.55,
subdivision 1; 115.56, subdivision 2.

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

Section 1.

Minnesota Statutes 2009 Supplement, 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 Subsurface Sewage
Treatment Systems established under the subsurface 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 subsurface sewage treatment system rules,
as required in subdivision 2; or

(2) in areas without compliant ordinances described in clause (1), the subsurface
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) "Subsurface sewage treatment system" or "system" means a sewage treatment
system, or part thereof, that uses subsurface soil treatment and disposal, or a holding tank,
serving a dwelling, other establishment, or a group thereof, and that does not require
a state permit.

(h) "Subsurface sewage treatment system professional" means an inspector, installer,
designer, service provider, or maintainer.

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

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

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

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

(m) "Performance-based system" means a system that is designed specifically for
environmental conditions on a site and is designed to adequately protect the public
health and the environment and provide consistent, reliable, 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 sewage.

(n) "Maintainer " means a person who removes solids and liquids from and maintains
and repairs components of subsurface sewage treatment systems including, but not limited
to, sewage, aerobic, and holding tanks.

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

(p) "Septic system tank" means any covered receptacle designed, constructed, and
installed as part of a subsurface sewage treatment system.

(q) "Designer" means a person who:

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

(2) designs subsurface sewage treatment systems.

(r) "Straight-pipe system" means a sewage disposal system that transports raw or
partially treated sewage directly to a lake, a stream, a drainage system, or ground surface.

new text begin (s) "Design guidance" means a nonenforceable advisory document that assists
designers and regulators with interpretation and application of rules adopted under this
section and section 115.56.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 115.56, subdivision 2, is
amended to read:

Subd. 2.

License required.

(a) Except as provided in paragraph (b), a person may
not design, install, maintain, pump, inspect, or provide service to a subsurface sewage
treatment system without a license issued by the commissioner. Licenses issued under this
section allow work on subsurface sewage treatment systems that new text begin are designed for a flow of
10,000 gallons per day or less and new text end do not require a state permit deleted text begin using prescriptive designs
and design guidances provided by the agency deleted text end . Licensees who design deleted text begin systems using these
prescriptive designs and design guidances deleted text end new text begin subsurface sewage treatment systems with flow
of 10,000 gallons per day or less and that do not require a state permit new text end are not subject to
the additional licensing requirements of section 326.03.

(b) A license is not required for a person who complies with the applicable
requirements if the person is:

(1) a qualified employee of state or local government who is a certified professional;

(2) an individual who constructs a subsurface sewage treatment system on land that
is owned or leased by the individual and functions solely as the individual's dwelling or
seasonal dwelling, unless specifically disallowed in local ordinance. A person constructing
a subsurface sewage treatment system under this clause must comply with all local
administrative and technical requirements. In addition, the system must be inspected
before being covered and a compliance report must be provided to the local unit of
government after the inspection;

(3) a farmer who pumps and disposes of sewage waste from subsurface sewage
treatment systems, holding tanks, and privies on land that is owned or leased by the
farmer; or

(4) an individual who performs labor or services for a licensed business under this
section in connection with the design, installation, operation, pumping, or inspection of a
subsurface sewage treatment system at the direction and under the personal supervision of
a person certified under this section.

(c) The commissioner, in conjunction with the University of Minnesota Extension
Service or another higher education institution, shall ensure adequate training and design
guidance exists for subsurface sewage treatment system certified professionals.

(d) The commissioner shall conduct examinations to test the knowledge of applicants
for certification and shall issue documentation of certification.

(e) Licenses may be issued only upon submission of general liability insurance, a
corporate surety bond in the amount of at least $10,000, and the name of the individual
who will be the designated certified individual for that business. The bond may be for
both plumbing work and subsurface sewage treatment work if the bond complies with the
requirements of this section and section 326B.46, subdivision 2.

(f) Local units of government may not require additional local licenses for
subsurface sewage treatment system businesses.

(g) No other professional license under section 326.03 is required to design,
install, maintain, inspect, or provide service for a subsurface sewage treatment system
that new text begin is designed for a flow of 10,000 gallons per day or less and new text end does not require a state
permit deleted text begin using prescriptive designs and design guidances provided by the agency deleted text end if the
system designer, installer, maintainer, inspector, or service provider is licensed under this
subdivision and the local unit of government has not adopted additional requirements.