1.1.................... moves to amend H.F. No. 3459 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2009 Supplement, section 115.55, subdivision 3,
1.4is amended to read:
1.5 Subd. 3.
Rules and duties. (a) The agency shall adopt rules containing minimum
1.6standards and criteria for the design, location, installation, use, maintenance, and closure
1.7of subsurface sewage treatment systems. The rules must include:
1.8 (1) how the agency will ensure compliance under subdivision 2;
1.9 (2) how local units of government shall enforce ordinances under subdivision 2,
1.10including requirements for permits and inspection programs;
1.11 (3) how the advisory committee will participate in review and implementation of
1.12the rules;
1.13 (4) provisions for nonstandard systems and performance-based systems;
1.14 (5) provisions for handling and disposal of effluent;
1.15 (6) provisions for system abandonment; and
1.16 (7) procedures for variances, including the consideration of variances based on cost
1.17and variances that take into account proximity of a system to other systems.
1.18 (b) The agency shall
consult work in collaboration with the advisory committee
1.19before adopting rules
or making amendments to rules under this subdivision.
1.20 (c) The rules required in paragraph (a) must also address the following:
1.21 (1) a definition of redoximorphic features and other criteria that can be used by
1.22system designers and inspectors;
1.23 (2) direction on the interpretation of observed soil features that may be
1.24redoximorphic and their relation to zones of periodic saturation; and
1.25 (3) procedures on how to resolve professional disagreements on periodically
1.26saturated soils.
2.1(d) The agency shall work in collaboration with the advisory committee and its
2.2partner local units of government to create elective enhanced subsurface sewage treatment
2.3standards that a local unit of government may opt to incorporate into their ordinance
2.4where the local unit of government believes additional regulation is necessary to achieve
2.5the goals of this section.
2.6(e) The agency shall provide the local units of government an annual summary of all
2.7subsurface sewage treatment system complaints received, general status of each complaint
2.8and number of enforcement actions taken, and monetary penalties collected.
2.9 Sec. 2.
SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
2.10ADOPTION DELAY.
2.11(a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may
2.12adopt an ordinance to comply with the revisions to subsurface sewage treatment system
2.13rules adopted February 4, 2008, within four years. A county must continue to enforce its
2.14current ordinance until a new one has been adopted.
2.15(b) The advisory committee defined under Minnesota Statutes, section 115.55,
2.16subdivision 1, paragraph (b), shall submit written comments on the subsurface sewage
2.17treatment system rules adopted February 4, 2008, to the commissioner of the Pollution
2.18Control Agency. The commissioner shall provide the advisory committee with written
2.19acknowledgment of all advisory committee recommendations within 30 days of receipt,
2.20including an indication of whether the agency will follow each recommendation of the
2.21advisory committee and explanations of why the agency proposes not to follow any
2.22particular recommendation of the advisory committee.
2.23(c) The advisory committee and the Pollution Control Agency shall work in
2.24collaboration on amendments to the agency rules adopted on February 4, 2008, and any
2.25subsequent amendments. The advisory committee shall make specific recommendations
2.26on the rules and any subsequent amendments.
2.27 Sec. 3.
EFFECTIVE DATE.
2.28Sections 1 and 2 are effective the day following final enactment."
2.29Delete the title and insert:
2.31relating to environment; delaying local ordinance adoption requirements
2.32regarding subsurface sewage treatment systems and modifying certain advisory
2.33committee requirements;amending Minnesota Statutes 2009 Supplement,
2.34section 115.55, subdivision 3."