Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 235-H.F.No. 244
An act relating to the environment; modifying
requirements relating to individual sewage treatment
systems; amending Minnesota Statutes 1996, sections
115.55, subdivisions 1, 2, 3, 5, 6, 7, and by adding a
subdivision; and 115.57, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 115.55,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section and section 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) "Pumper" means a person who maintains components of
individual sewage treatment systems including, but not limited
to, septic, aerobic, and holding tanks.
(n) "Seasonal dwelling" means a dwelling that is occupied
or used for less than 180 days per year and less than 120
consecutive days.
(o) "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 1996, section 115.55,
subdivision 2, is amended to read:
Subd. 2. [LOCAL ORDINANCES.] (a) All counties that did not
adopt ordinances by May 7, 1994, or that do not have ordinances,
must adopt ordinances that comply with individual sewage
treatment system rules by January 1, 1999, unless all towns and
cities in the county have adopted such ordinances. 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. 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.
(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 1996, 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;
(7) provisions allowing local units of government to adopt
alternative standards and criteria, provided that:
(i) the alternative standards and criteria may not apply to
new construction or replacement of systems, as defined by the
agency; and
(ii) the commissioner must certify that the alternative
standards and criteria adequately protect public health and the
environment; and procedures for the commissioner to approve new
individual sewage treatment system technologies; and
(8) 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.
Sec. 4. Minnesota Statutes 1996, section 115.55,
subdivision 5, is amended to read:
Subd. 5. [INSPECTION.] (a) An inspection shall be required
for all new construction or replacement of a system to determine
compliance with agency rule or local standards. The manner and
timing of inspection may be determined by the applicable local
ordinance. The inspection requirement may be satisfied by a
review by the designated local official of video, electronic,
photographic, and other evidence of compliance provided by the
installer.
(b) Except as provided in subdivision 5b, paragraph
(e) (b), a local unit of government may not issue a building
permit or variance for the addition of a bedroom on property
served by a system unless the system is in compliance with the
applicable requirements, as evidenced by a certificate of
compliance issued by a licensed inspector or site evaluator or
designer. A local unit of government may temporarily waive the
certificate of compliance requirement for a building permit or
variance for which application is made during the period from
November 1 to April 30, provided that an inspection of the
system is performed by the following June 1 and the applicant
submits a certificate of compliance by the following September
30. This paragraph does not apply if the local unit of
government does not have an ordinance requiring a building
permit to add a bedroom.
(b) A compliance inspection under this subdivision is
required for all new construction or replacement of a system, as
defined by agency rule.
(c) A certificate of compliance for an existing system is
valid for three years from the date of issuance unless the local
unit of government finds evidence of an imminent threat to
public health or safety requiring removal and abatement under
section 145A.04, subdivision 8.
(d) A certificate of compliance for a new system is valid
for five years from the date of issuance unless the local unit
of government finds evidence of an imminent threat to public
health or safety requiring removal and abatement under section
145A.04, subdivision 8.
(e) A licensed inspector who inspects an existing system
may subsequently design and install a new system for that
property, provided the inspector is licensed to install
individual sewage treatment systems.
Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a)
An inspection of an existing system must evaluate the criteria
in paragraphs (b) to (h).
(b) If the inspector finds one or more of the following
conditions:
(1) sewage discharge to surface water;
(2) sewage discharge to ground surface;
(3) sewage backup;
(4) a cesspool; or
(5) any other situation with the potential to immediately
and adversely affect or threaten public health or safety,
then the system constitutes an imminent threat to public health
or safety and, if not repaired, must be upgraded, replaced, or
its use discontinued within ten months of receipt of the notice
described in subdivision 5b, or within a shorter period of time
if required by local ordinance.
(c) An existing system that has none of the conditions in
paragraph (b), and has at least two feet of soil separation need
not be upgraded, repaired, replaced, or its use discontinued,
notwithstanding any local ordinance that is more restrictive.
(d) Paragraph (c) does not apply to systems in shoreland
areas regulated under sections 103F.201 to 103F.221, wellhead
protection areas as defined in section 103I.005, or those used
in connection with food, beverage, and lodging establishments
regulated under chapter 157.
(e) If the local unit of government with jurisdiction over
the system has adopted an ordinance containing local standards
pursuant to subdivision 7, the existing system must comply with
the ordinance. If the system does not comply with the
ordinance, it must be upgraded, replaced, or its use
discontinued according to the ordinance.
(f) If a seepage pit, drywell, or leaching pit exists and
the local unit of government with jurisdiction over the system
has not adopted local standards to the contrary, the system is
failing and must be upgraded, replaced, or its use discontinued
within the time required by subdivision 3 or local ordinance.
(g) If the system fails to provide sufficient groundwater
protection, then the local unit of government or its agent shall
order that the system be upgraded, replaced, or its use
discontinued within the time required by rule or the local
ordinance.
(h) The authority to find a threat to public health under
section 145A.04, subdivision 8, is in addition to the authority
to make a finding under paragraphs (b) to (d).
(c) Subd. 5b. [COMPLIANCE NOTICE.] (a) If a system
inspected under this subdivision 5 is not in compliance with the
applicable requirements required to be upgraded, replaced, or
its use discontinued under subdivision 5a, the inspector or site
evaluator or designer must issue a notice of noncompliance to
the property owner and must provide a copy of the notice to
the local unit of government to which application for the
building permit or variance was made with jurisdiction. The
notice of noncompliance must specify why the system must be
upgraded, replaced, or its use discontinued. A local unit of
government must specify the upgrade time period in its ordinance.
(d) If the inspector or site evaluator or designer finds
that the system presents an imminent threat to public health or
safety, the inspector or site evaluator or designer must include
a statement to this effect in the notice and the property owner
must upgrade, replace, or discontinue use of the system within
ten months of receipt of the notice.
(e) (b) Except as provided in paragraph (d) subdivision 5a,
paragraphs (b) to (d), if a system installed between May 27,
1989, and January 23, 1996, does not comply with applicable
requirements, the property owner has five years from the date of
the bedroom building permit to bring the system into compliance.
Sec. 5. Minnesota Statutes 1996, section 115.55,
subdivision 6, is amended to read:
Subd. 6. [DISCLOSURE OF INDIVIDUAL SEWAGE TREATMENT SYSTEM
TO BUYER.] After August 31, 1994, (a) Before signing an
agreement to sell or transfer real property, the seller or
transferor must disclose in writing to the buyer or transferee
information about the status and location of individual on how
sewage treatment systems on the property or serving the property
generated at the property is managed. The disclosure must be
made by delivering a statement to the buyer or transferee that
either:
(1) a statement by the seller that there is no individual
sewage treatment system on or serving the property or a
disclosure statement describing the system and indicating the
sewage goes to a facility permitted by the agency; or
(2) the sewage does not go to a permitted facility, is
therefore subject to applicable requirements, and describes the
system in use, including the legal description of the property,
the county in which the property is located, and a map drawn
from available information showing the location of the system on
the property to the extent practicable. If the seller or
transferor has knowledge that an abandoned individual sewage
treatment system exists on the property, the disclosure must
include a map showing its location. In the disclosure statement
the seller must indicate whether the individual sewage treatment
system is in use and, to the seller's knowledge, in compliance
with applicable sewage treatment laws and rules. Unless the
buyer and seller agree to the contrary in writing before the
closing of the sale, a seller who fails to disclose the
existence or known status of an individual sewage treatment
system at the time of sale, and who knew or had reason to know
of the existence or known status of the system,.
(b) A seller or transferor who fails to meet the
requirements of this section is liable to the buyer for costs
relating to bringing the system into compliance with the
individual sewage treatment system rules and for reasonable
attorney fees for collection of costs from the seller. An
action under this subdivision must be commenced within two years
after the date on which the buyer closed the purchase or
transfer of the real property where the system is located.
Sec. 6. Minnesota Statutes 1996, section 115.55,
subdivision 7, is amended to read:
Subd. 7. [LOCAL ORDINANCE MAY BE MORE RESTRICTIVE
STANDARDS.] (a) [EXISTING SYSTEMS.] Counties may adopt by
ordinance local standards that are less restrictive than the
agency's rules in order to define an acceptable existing
system. The local standards may include soil separation, soil
classification, vegetation, system use, localized well placement
and construction, localized density of systems and wells, extent
of area to be covered by local standards, groundwater flow
patterns, and existing natural or artificial drainage systems.
The local standards and criteria shall be submitted to the
commissioner for comment prior to adoption to demonstrate that,
based on local circumstances in that jurisdiction, they
adequately protect public health and the environment.
(b) [NEW OR REPLACEMENT SYSTEMS.] Counties, after providing
documentation of conditions listed in this paragraph to the
commissioner, may adopt by ordinance local standards that are
less restrictive than the agency's rules for new system
construction or replacement in areas of sustained and projected
low population density where conditions render conformance to
applicable requirements difficult or otherwise inappropriate.
Documentation may include a map delineating the area of the
county to be served by the local standards, a description of the
hardship that would result from strict adherence to the agency's
rules, and evidence of sustained and projected low population
density. The local standards must protect human health and the
environment and be based on considerations that may include, but
need not be limited to, soil separation, soil classification,
vegetation, system use, localized well placement and
construction, localized density of systems and wells, extent of
area to be covered by local standards, groundwater flow
patterns, and existing natural or artificial drainage systems.
The local standards must provide cost-effective and long-term
treatment alternatives. The draft ordinance incorporating the
local standards must be submitted to the local water planning
advisory committee, created under section 103B.321, subdivision
3, and then submitted with justification to the commissioner 30
days before adoption for review and comment.
(c) [NEW OR REPLACEMENT SYSTEMS; LOCAL ORDINANCES.] A local
unit of government may adopt and enforce ordinances or rules
affecting new or replacement individual sewage treatment systems
that are more restrictive than the agency's rules.
(b) If standards are adopted that are more restrictive than
the agency's rules, the local unit of government must submit the
more restrictive standards to the commissioner along with an
explanation of the more restrictive provisions.
(d) [LOCAL STANDARDS; CONFLICT WITH STATE LAW.] Local
standards adopted under paragraph (a) or (b) must not conflict
with any requirements under other state laws or rules or local
ordinances, including, but not limited to, requirements for:
(1) systems in shoreland areas, regulated under sections
103F.201 to 103F.221;
(2) well construction and location, regulated under chapter
103I; and
(3) systems used in connection with food, beverage, and
lodging establishments, regulated under chapter 157.
The local standards must include references to applicable
requirements under other state laws or rules or local ordinances.
Sec. 7. Minnesota Statutes 1996, section 115.55, is
amended by adding a subdivision to read:
Subd. 8. [NEW TECHNOLOGIES.] New individual sewage
treatment system technologies may be installed as warrantied
systems if not specifically prohibited in local ordinance,
provided however that the manufacturer or designer provides to
the commissioner documentation of the following:
(1) how the technology must be used and installed, how it
is expected to perform under those conditions, the anticipated
design life, and the period to be warrantied under clause (4);
(2) pertinent existing data, including in-field testing
data, that the system will perform as expected;
(3) financial assurance or documentation of the
manufacturer's or designer's financial ability to cover
potential replacement and upgrades necessitated by the system
failing to meet the performance expectations of clause (1) for
the duration of the warranty period; and
(4) a full warranty effective for the designated warranty
period in clause (1), which must be at least five years from the
time of installation, covering design, labor, and material costs
to remedy failure to meet performance expectations in clause (1)
for systems used and installed in accordance with the
manufacturer's or designer's instructions.
The commissioner must make available a list of warrantied
systems for which documentation has been provided to the
commissioner under this subdivision.
Sec. 8. Minnesota Statutes 1996, section 115.57,
subdivision 7, is amended to read:
Subd. 7. [ORDINANCES; CONSTRUCTION STANDARDS.] A
municipality may not establish an individual sewage treatment
system loan program unless ordinances pursuant to rules adopted
under in compliance with section 115.55, subdivision 3, are in
full force and effect. All repairs and improvements made to
individual sewage treatment systems under this section shall be
performed by a licensed individual sewage treatment system
professional and shall comply with agency rules adopted pursuant
to section 115.55, subdivision 3, and other applicable
requirements. All improvements to wells under this section must
be made by a well contractor or a limited well contractor, as
appropriate, licensed under chapter 103I.
Sec. 9. [LOCAL STANDARDS STUDY.]
The commissioner of the pollution control agency shall
conduct a study on the local standards established under
Minnesota Statutes, section 115.55, subdivision 7, in protecting
public health and the environment. By February 15, 1999, the
commissioner must report on the study to the house and senate
committees with jurisdiction over environmental policy.
Sec. 10. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Presented to the governor May 29, 1997
Signed by the governor June 2, 1997, 2:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes