1.1 	A bill for an act
1.2 	relating to environment; modifying subsurface sewage treatment system 
1.3 	replacement and upgrade requirements; appropriating money;amending 
1.4 	Minnesota Statutes 2010, section 115.55, subdivision 5a.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2010, section 115.55, subdivision 5a, is amended to read:
1.7 		Subd. 5a.Inspection criteria for existing systems. (a) An inspection of an existing 
1.8 	system must evaluate the criteria in paragraphs (b) to (i).
1.9 	(b) If the inspector finds one or more of the following conditions:
1.10 	(1) sewage discharge to surface water;
1.11 	(2) sewage discharge to ground surface;
1.12 	(3) sewage backup; or
1.13 	(4) any other situation with the potential to immediately and adversely affect or 
1.14 	threaten public health or safety,
1.15 	then the system constitutes an imminent threat to public health or safety and, if not 
1.16 	repaired, must be upgraded, replaced, or its use discontinued within ten 20 months of 
1.17 	receipt of the notice described in subdivision 5b, or within a shorter period of time if 
1.18 	required by local ordinance.
1.19 	(c) A system constructed before April 1, 1996, that has none of the conditions in 
1.20 	paragraph (b), and has at least two feet of soil separation need not be upgraded, repaired, 
1.21 	replaced, or its use discontinued, notwithstanding any local ordinance that is more 
1.22 	restrictive.
1.23 	(d) Paragraph (c) does not apply to systems in shoreland areas regulated under 
1.24 	sections 103F.201 to 103F.221, wellhead protection areas as defined in section 103I.005, 
2.1 	or those used in connection with food, beverage, and lodging establishments regulated 
2.2 	under chapter 157.
2.3 	(e) If the local unit of government with jurisdiction over the system has adopted an 
2.4 	ordinance containing local standards pursuant to subdivision 7, the existing system must 
2.5 	comply with the ordinance. If the system does not comply with the ordinance, it must be 
2.6 	upgraded, replaced, or its use discontinued according to the ordinance.
2.7 	(f) If a seepage pit, drywell, cesspool, or leaching pit exists and the local unit 
2.8 	of government with jurisdiction over the system has not adopted local standards to the 
2.9 	contrary, the system is failing and must be upgraded, replaced, or its use discontinued 
2.10 	within the time required by subdivision 3 or local ordinance.
2.11 	(g) If the system fails to provide sufficient groundwater protection, then the local 
2.12 	unit of government or its agent shall order that the system be upgraded, replaced, or its use 
2.13 	discontinued within the time required by rule or the local ordinance.
2.14 	(h) The authority to find a threat to public health under section 145A.04, subdivision 
2.15 	8, is in addition to the authority to make a finding under paragraphs (b) to (d).
2.16 	(i) Certified inspectors must use the existing system inspection form provided by 
2.17 	the agency. The inspection information required by local ordinance may be included as 
2.18 	an attachment to the state form. The following language must appear on the standard 
2.19 	form: "If an existing system is not failing as defined in law, and has at least two feet of 
2.20 	design soil separation, then the system need not be upgraded, repaired, replaced, or its use 
2.21 	discontinued, notwithstanding any local ordinance that is more strict. This does not apply 
2.22 	to systems in shoreland areas, wellhead protection areas, or those used in connection with 
2.23 	food, beverage, and lodging establishments as defined in law."

2.24 	Sec. 2. APPROPRIATION; SSTS UPGRADE AND REPLACEMENT GRANTS.
 2.25 	(a) $....... is appropriated in fiscal year 2012 from the clean water fund to the 
2.26 	commissioner of the Pollution Control Agency for grants to local units of government 
2.27 	to provide financial assistance to property owners for the upgrade or replacement of 
2.28 	noncompliant subsurface sewage treatment systems that:
2.29 	(1) are existing systems identified as noncompliant through inspections required 
2.30 	under Minnesota Statutes, section 115.55, subdivision 5; and 
2.31 	(2) if replaced or upgraded, will protect, enhance, or restore water quality in lakes, 
2.32 	rivers, or streams or protect groundwater from degradation.
2.33 	(b) A local unit of government must have an ordinance in compliance with 
2.34 	Minnesota Statutes, section 115.55, that is in full force and effect in order to be eligible 
2.35 	for grants under this section. All repairs and improvements made to subsurface sewage 
3.1 	treatment systems under this section must be performed by a licensed subsurface sewage 
3.2 	treatment system professional and must comply with Minnesota Statutes, section 115.55, 
3.3 	and other applicable requirements.