1.1 	A bill for an act
1.2 	relating to the environment; modifying individual
1.3 	sewage treatment system inspection requirements to
1.4 	avoid conflicts of interest; amending Minnesota
1.5 	Statutes 2004, section 115.55, subdivision 5.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 115.55,
1.8 	subdivision 5, is amended to read:
1.9 		Subd. 5.Inspection.  (a) An inspection shall be required
1.10 	for all new construction or replacement of a system to determine
1.11 	compliance with agency rule or local standards.  The manner and
1.12 	timing of inspection may be determined by the applicable local
1.13 	ordinance.  The inspection requirement may be satisfied by a
1.14 	review by the designated local official of video, electronic,
1.15 	photographic, or other evidence of compliance provided by the
1.16 	installer. A person who is licensed for design, installation,
1.17 	or evaluation purposes is prohibited from concurrently working
1.18 	for a local unit of government and in private practice within
1.19 	the same jurisdiction.
1.20 	(b) Except as provided in subdivision 5b, paragraph (b), a
1.21 	local unit of government may not issue a building permit or
1.22 	variance for the addition of a bedroom on property served by a
1.23 	system unless the system is in compliance with the applicable
1.24 	requirements, as evidenced by a certificate of compliance issued
1.25 	by a licensed inspector or site evaluator or designer.  A local
2.1 	unit of government may temporarily waive the certificate of
2.2 	compliance requirement for a building permit or variance for
2.3 	which application is made during the period from November 1 to
2.4 	April 30, provided that an inspection of the system is performed
2.5 	by the following June 1 and the applicant submits a certificate
2.6 	of compliance by the following September 30.  This paragraph
2.7 	does not apply if the local unit of government does not have an
2.8 	ordinance requiring a building permit to add a bedroom.
2.9 	(c) A certificate of compliance for an existing system is
2.10 	valid for three years from the date of issuance unless the local
2.11 	unit of government finds evidence of an imminent threat to
2.12 	public health or safety requiring removal and abatement under
2.13 	section 145A.04, subdivision 8.
2.14 	(d) A certificate of compliance for a new system is valid
2.15 	for five years from the date of issuance unless the local unit
2.16 	of government finds evidence of an imminent threat to public
2.17 	health or safety requiring removal and abatement under section
2.18 	145A.04, subdivision 8.
2.19 	(e) A licensed inspector who inspects an existing system
2.20 	may subsequently design and install a new system for that
2.21 	property, provided the inspector is licensed to install
2.22 	individual sewage treatment systems.