2007 Minnesota Statutes

115.56 MANDATORY LICENSING PROGRAM.
    Subdivision 1. Rules. (a) Pursuant to section 115.03, subdivision 1, by January 1, 1996, the
agency shall adopt rules containing standards of licensure applicable to all individual sewage
treatment system professionals.
The rules must include but are not limited to:
(1) training requirements that include both classroom and fieldwork components;
(2) examination content requirements and testing procedures;
(3) continuing education requirements;
(4) equivalent experience provisions;
(5) bonding and insurance requirements;
(6) schedules for submitting fees; and
(7) license revocation and suspension and other enforcement requirements.
(b) The agency shall consult with the advisory committee before proposing any rules under
this subdivision.
    Subd. 2. License required. (a) Except as provided in paragraph (b), after March 31, 1996, a
person may not design, install, maintain, pump, or inspect an individual sewage treatment system
without a license issued by the commissioner.
    (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 has passed the examination
described in paragraph (d) or a similar examination;
    (2) an individual who constructs an individual sewage treatment system on land that is owned
or leased by the individual and functions solely as the individual's dwelling or seasonal dwelling;
    (3) a farmer who pumps and disposes of sewage waste from individual 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 person licensed under this section in
connection with the design, installation, maintenance, pumping, or inspection of an individual
sewage treatment system at the direction and under the personal supervision of a person licensed
under this section.
    A person constructing an individual sewage treatment system under clause (2) must consult
with a site evaluator or designer before beginning construction. 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.
    (c) The commissioner, in conjunction with the University of Minnesota Extension Service or
another higher education institution, shall ensure adequate training exists for individual sewage
treatment system professionals.
    (d) The commissioner shall conduct examinations to test the knowledge of applicants for
licensing and shall issue documentation of licensing.
    (e) Licenses may be issued only upon successful completion of the required examination and
submission of proof of sufficient experience, proof of general liability insurance, and a corporate
surety bond in the amount of at least $10,000.
    (f) Notwithstanding paragraph (e), the examination and proof of experience are not required
for an individual sewage treatment system professional who, on the effective date of the rules
adopted under subdivision 1, holds a certification attained by examination and experience under a
voluntary certification program administered by the agency.
    (g) Local units of government may not require additional local licenses for individual
sewage treatment system professionals.
    (h) A pumper whose annual gross revenue from pumping systems is $9,000 or less and
whose gross revenue from pumping systems during the year ending May 11, 1994, was at least
$1,000 is not subject to training requirements in rules adopted under subdivision 1, except for any
training required for initial licensure.
    (i) Until December 31, 2010, no other professional license is required to:
    (1) design, install, maintain, or inspect an individual sewage treatment system with a flow of
10,000 gallons of water per day or less if the system designer, installer, maintainer, or inspector
is licensed under this subdivision and the local unit of government has not adopted additional
requirements; and
    (2) operate an individual sewage treatment system with a flow of 10,000 gallons of water per
day or less if the system operator is licensed as a system designer, installer, maintainer, or inspector
under this subdivision and the local unit of government has not adopted additional requirements.
    Subd. 2a. Temporary license. The agency may issue, for a fee of $100, a temporary license
for an activity listed in subdivision 1, paragraph (a), to a person who:
(1) has submitted to the agency proof of sufficient experience, as determined by the agency,
in the activity for which the license is sought; and
(2) has completed training under a voluntary certification program administered by the
agency.
A temporary license issued under this subdivision is effective until August 15, 1996.
    Subd. 3. Enforcement. (a) The commissioner may deny, suspend, or revoke a license,
or use any lesser remedy against an individual sewage treatment system professional, for any
of the following reasons:
(1) failure to meet the requirements for a license;
(2) incompetence, negligence, or inappropriate conduct in the performance of the duties of
an individual sewage treatment system professional;
(3) failure to comply with applicable requirements; or
(4) submission of false or misleading information or credentials in order to obtain or renew
a license.
(b) Upon receiving a signed written complaint that alleges the existence of a ground for
enforcement action against a person under paragraph (a), the commissioner shall initiate an
investigation. Revocation, suspension, or other enforcement action may not be taken before
written notice is given to the person and an opportunity is provided for a contested case hearing
complying with the provisions of chapter 14.
    Subd. 4. License fee. The fee for a license required under subdivision 2 is $100 per year.
Revenue from the fees must be credited to the environmental fund and is exempt from section
16A.1285.
History: 1994 c 617 s 2; 1995 c 233 art 1 s 6; 1996 c 427 s 2,3; 2003 c 128 art 2 s 4;
2007 c 131 art 1 s 73