Acceptance of best evidence requirement to determine subsurface sewage treatment system compliance

A bill for an act

relating to environment; requiring acceptance of best evidence to determine

subsurface sewage treatment system compliance; amending Minnesota Statutes

2024, section 115.55, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 115.55, is amended by adding a subdivision

to read:

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Subd. 14.

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Best evidence of compliance.

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(a) In determining whether a subsurface sewage

treatment system meets applicable requirements, the agency, local units of government, and

inspectors must use the best evidence that is available for the presence of sewage

contaminants in groundwater. For purposes of this subdivision, "best evidence" means

results that are less than two years old from any of the following testing methods and sources,

with priority given in the order listed:

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(1) a measurement of groundwater contaminants by a laboratory accredited by the

Department of Health;

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(2) continuous, uncompressed probe-measured depth below the drain field base media

to the groundwater table;

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(3) the National Groundwater Monitoring Network, a watershed district, or historical

depth-to-groundwater information of either the network or a watershed district;

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(4) empirical field measurements of depth to mottled soil; and

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(5) depth to mottled soil with redoximorphic features based on Munsell soil color charts.

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(b) The agency, local units of government, or inspector, as applicable, must:

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(1) accept results that are less than two years old from any of the testing methods and

sources under paragraph (a) when the owner or lessee of the property where a subsurface

sewage treatment system is located offers to submit the results; and

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(2) notify a person of their rights under this subdivision at least 90 days before issuing

a notice of noncompliance.

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