Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 249-H.F.No. 2000 
                  An act relating to the environment; requiring rules 
                  related to individual sewage treatment systems; 
                  amending Minnesota Statutes 2002, section 115.55, 
                  subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, 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 alternative systems; 
           (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. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 28, 2004, 5:22 p.m.