Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 248-H.F.No. 2040 
                  An act relating to water; modifying provisions 
                  relating to warrantied sewage treatment systems; 
                  creating a certification program for new wastewater 
                  treatment technology; appropriating money; amending 
                  Minnesota Statutes 2002, section 115.55, subdivision 
                  9; proposing coding for new law in Minnesota Statutes, 
                  chapter 115. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 115.55, 
        subdivision 9, is amended to read: 
           Subd. 9.  [WARRANTIED SYSTEMS.] (a) An individual sewage 
        treatment system may be installed provided that it meets all 
        local ordinance requirements and provided the requirements of 
        paragraphs (b) to (d) (e) are met. 
           (b) The manufacturer shall provide to the commissioner: 
           (1) documentation that the manufacturer's system was 
        designated by the agency as a warrantied system as of June 30, 
        2001, and or the system is a modified version of the system that 
        was designated as a warrantied system and meets the size 
        requirements or other requirements that were the basis for 
        the previous warrantied system classification; or 
           (2) documentation showing that a minimum of 50 of the 
        manufacturer's systems have been installed and operated and are 
        under normal use across all major soil classifications for a 
        minimum of three years;. 
           (3) (c) For each system that meets the requirements of 
        paragraph (b), clause (1) or (2), the manufacturer must provide 
        to the commissioner: 
           (1) documentation that the system manufacturer or designer 
        will provide full warranty effective for at least five years 
        from the time of installation, covering design, labor, and 
        material costs to remedy failure to meet performance 
        expectations for systems used and installed in accordance with 
        the manufacturer's or designer's instructions; and 
           (4) (2) a commonly accepted financial assurance document or 
        documentation of the manufacturer's or designer's financial 
        ability to cover potential replacement and upgrades necessitated 
        by failure of the system to meet the performance expectations 
        for the duration of the warranty period. 
           (c) (d) The manufacturer shall reimburse the agency an 
        amount of $1,000 $2,000 for staff services needed to review the 
        information submitted pursuant to paragraph paragraphs (b) and 
        (c).  Reimbursements accepted by the agency shall be deposited 
        in the environmental fund and are appropriated to the agency for 
        the purpose of reviewing information submitted.  Reimbursement 
        by the manufacturer shall precede, not be contingent upon, and 
        shall not affect the agency's decision on whether the submittal 
        meets the requirements of paragraph paragraphs (b) and (c). 
           (d) (e) The manufacturer shall provide to the local unit of 
        government reasonable assurance of performance of the 
        manufacturer's system, engineering design of the manufacturer's 
        system, a monitoring plan that will be provided to system 
        owners, and a mitigation plan that will be provided to system 
        owners describing actions to be taken if the system fails. 
           (e) (f) The commissioner may prohibit an individual sewage 
        treatment system from qualifying for installation under this 
        subdivision upon a finding of fraud, system failure, failure to 
        meet warranty conditions, or failure to meet the requirements of 
        this subdivision or other matters that fail to meet with the 
        intent and purpose of this subdivision.  Prohibition of 
        installation of a system by the commissioner does not alter or 
        end warranty obligations for systems already installed. 
           Sec. 2.  [115.59] [ADVANCED TREATMENT SYSTEMS.] 
           Subdivision 1.  [DEFINITIONS.] The definitions in this 
        subdivision apply to sections 115.59 to 115.60. 
           (a) "Agency" means the Pollution Control Agency. 
           (b) "Biodigester and water reclamation systems" or "system" 
        means a residential wastewater treatment system that separately 
        collects and segregates greywater from blackwater to be 
        mechanically or biologically treated for reclamation and safe 
        consumptive use or discharge above or below the surface of the 
        ground. 
           (c) "Blackwater" means sewage from toilets, urinals, and 
        any drains equipped with garbage grinders. 
           (d) "Greywater" means sewage that does not contain toilet 
        wastes or waste from garbage grinders. 
           (e) "Sewage" means waste produced by toilets, bathing, 
        laundry, or culinary operations, or the floor drains associated 
        with these sources.  Household cleaners in sewage are restricted 
        to amounts normally used for domestic purposes. 
           Subd. 2.  [BIODIGESTER AND WATER RECLAMATION SYSTEMS 
        REQUIREMENTS.] Biodigester and water reclamation systems must 
        meet the following requirements: 
           (1) all waste that includes any blackwater must be treated 
        as blackwater and must not be discharged for reuse; 
           (2) wastewater may only be treated as greywater when a 
        plumbing network separately collects and segregates greywater 
        from blackwater; 
           (3) the two waste streams of greywater and blackwater must 
        be treated to the following standards: 
           (i) for greywater reuse within the facility, the effluent 
        quality from the system must be within the health risk limits as 
        determined by Minnesota Rules, chapter 4717; 
           (ii) for greywater discharge outside the residence above 
        ground level, the effluent quality from the system shall meet or 
        exceed standards for the receiving water as set forth in 
        Minnesota Rules, chapter 7050; and 
           (iii) residuals from blackwater must be treated to levels 
        described in Code of Federal Regulations, title 40, part 503; 
           (4) residuals from blackwater treatment must be disposed of 
        in accordance with local and federal requirements and state 
        guidelines for septage; and 
           (5) toilets that do not contain a standard integral water 
        trap must have a water-sealed mechanical valve.  
           Subd. 3.  [EXPIRATION.] This section expires May 1, 2014. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 3.  [115.60] [PILOT PROGRAM FOR ALTERNATIVE SEPTIC 
        SYSTEM TECHNOLOGY.] 
           Subdivision 1.  [MANUFACTURER'S CERTIFICATION.] (a) Under 
        the authority of the Pollution Control Agency, with consultation 
        from the Department of Health, a manufacturer of new wastewater 
        treatment technologies must submit accredited third-party 
        testing documentation to the agency certifying that biodigester 
        and wastewater reclamation systems, as designed and installed, 
        will meet the applicable state standards for above or below 
        surface discharge or potable water.  
           (b) A manufacturer of biodigester and water reclamation 
        systems technology must provide training approved by the 
        commissioner of the agency to provide certification for persons 
        in the state to properly install, maintain, operate, and monitor 
        systems.  An entity that would provide monitoring, installation, 
        maintenance, or operational services must not be a part of 
        certifying system capacities for the commissioner. 
           (c) A manufacturer shall reimburse the agency an amount not 
        to exceed $4,000 for staff services needed to review the 
        information submitted pursuant to the certification request.  
        Reimbursements accepted by the agency must be deposited in the 
        environmental fund and are appropriated to the agency for the 
        purpose of reviewing information submitted.  The agency shall 
        reimburse the Department of Health for consultation related 
        costs.  
           Subd. 2.  [REQUIREMENTS FOR MANUFACTURER OR CONSUMER 
        PARTICIPATION.] (a) Only trained and certified persons may 
        install, operate, repair, maintain, and monitor a biodigester 
        and water reclamation system. 
           (b) Systems must be monitored by an entity other than the 
        owner.  
           (c) Annual monitoring and maintenance reports must be 
        submitted to the commissioners of health and the agency and the 
        local regulatory authority. 
           (d) Independent documentation of system performance must be 
        reported on a form provided by the agency. 
           Subd. 3.  [APPROVAL REQUIREMENTS.] (a) Permitting of 
        biodigester and water reclamation systems are subject to any 
        local government requirements for installation and use subject 
        to the commissioner's approval.  
           (b) Any subsurface discharge of treated effluent from any 
        system must be in accordance with environmental standards 
        contained in Minnesota Rules, part 7080.0179, and is regulated 
        under the requirements of sections 115.55 and 115.56. 
           (c) Any surface discharge of treated effluent from a system 
        must be in accordance with environmental standards contained in 
        Minnesota Rules, part 7080.0030, and be operated under a permit 
        issued by the agency.  The agency may issue either individual or 
        general permits to regulate the surface discharges from 
        biodigester and water reclamation systems. 
           (d) Any reuse of treated effluent from a system must be in 
        accordance with state standards established for potable well 
        water. 
           Subd. 4.  [EXEMPTION.] Biodigester and water reclamation 
        systems are exempt from all state and local requirements 
        pertaining to Minnesota Rules, chapter 4715, until May 1, 2014.  
           Subd. 5.  [EXPIRATION.] This section expires May 1, 2014. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 28, 2004, 5:15 p.m.