SF 2090

  1.1                          A bill for an act 
  1.2             relating to water; creating a certification program 
  1.3             for new wastewater treatment technology; appropriating 
  1.4             money; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 115. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [115.59] [ADVANCED TREATMENT SYSTEMS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] The definitions in this 
  1.9   subdivision apply to sections 115.59 to 115.60. 
  1.10     (a) "Biodigester and water reclamation systems" or "system" 
  1.11  means a residential wastewater treatment system that separately 
  1.12  collects and segregates greywater from blackwater to be 
  1.13  mechanically or biologically treated for reclamation and safe 
  1.14  consumptive use or discharge above or below the surface of the 
  1.15  ground. 
  1.16     (b) "Blackwater" means sewage from toilets, urinals, and 
  1.17  any drains equipped with garbage grinders. 
  1.18     (c) "Greywater" means sewage that does not contain toilet 
  1.19  wastes or waste from garbage grinders. 
  1.20     (d) "Sewage" means waste produced by toilets, bathing, 
  1.21  laundry, or culinary operations, or the floor drains associated 
  1.22  with these sources.  Household cleaners in sewage are restricted 
  1.23  to amounts normally used for domestic purposes. 
  1.24     Subd. 2.  [BIODIGESTER AND WATER RECLAMATION SYSTEMS 
  1.25  REQUIREMENTS.] Biodigester and water reclamation systems must 
  2.1   meet the following requirements: 
  2.2      (1) all waste that includes any blackwater must be treated 
  2.3   as blackwater and must not be discharged for reuse; 
  2.4      (2) wastewater may only be treated as greywater when a 
  2.5   plumbing network separately collects and segregates greywater 
  2.6   from blackwater; 
  2.7      (3) the two waste streams must be treated to the following 
  2.8   standards: 
  2.9      (i) for greywater reuse within the facility, the effluent 
  2.10  quality from the system must be within the health risk limits as 
  2.11  determined by Minnesota Rules, chapter 4717; 
  2.12     (ii) for greywater discharge outside the residence above 
  2.13  ground level, the effluent quality from the system shall meet or 
  2.14  exceed standards for the receiving water as set forth in 
  2.15  Minnesota Rules, chapter 7050; and 
  2.16     (iii) residuals from blackwater must be treated to levels 
  2.17  described in Code of Federal Regulations, title 40, part 503; 
  2.18     (3) residuals from blackwater treatment must be disposed of 
  2.19  in accordance with local and federal requirements and state 
  2.20  guidelines for septage; and 
  2.21     (4) toilets that do not contain a standard integral water 
  2.22  trap must have a water-sealed mechanical valve.  
  2.23     [EFFECTIVE DATE; EXPIRATION.] This section is effective the 
  2.24  day following final enactment and expires May 1, 2014. 
  2.25     Sec. 2.  [115.60] [PILOT PROGRAM FOR ALTERNATIVE SEPTIC 
  2.26  SYSTEM TECHNOLOGY.] 
  2.27     Subdivision 1.  [MANUFACTURER'S CERTIFICATION.] (a) Under 
  2.28  the authority of the Pollution Control Agency, with consultation 
  2.29  from the Department of Health, a manufacturer of new wastewater 
  2.30  treatment technologies must submit accredited third-party 
  2.31  testing documentation certifying that biodigester and wastewater 
  2.32  reclamation systems, as designed and installed, will meet the 
  2.33  applicable state standards for above or below surface discharge 
  2.34  or potable water.  
  2.35     (b) A manufacturer of biodigester and water reclamation 
  2.36  systems technology must provide training approved by the 
  3.1   commissioner to provide certification for persons in the state 
  3.2   to properly install, maintain, operate, and monitor systems.  An 
  3.3   entity that would provide monitoring, installation, maintenance, 
  3.4   or operational services must not be a part of certifying system 
  3.5   capacities for the commissioner. 
  3.6      (c) A manufacturer shall reimburse the Pollution Control 
  3.7   Agency an amount not to exceed $4,000 for staff services needed 
  3.8   to review the information submitted pursuant to the 
  3.9   certification request.  Reimbursements accepted by the agency 
  3.10  must be deposited in the environmental fund and are appropriated 
  3.11  to the agency for the purpose of reviewing information 
  3.12  submitted.  The agency shall reimburse the department for 
  3.13  consultation related costs.  
  3.14     Subd. 2.  [REQUIREMENTS FOR MANUFACTURER OR CONSUMER 
  3.15  PARTICIPATION.] (a) Only trained and certified persons may 
  3.16  install, operate, repair, maintain, and monitor a biodigester 
  3.17  and water reclamation system. 
  3.18     (b) Systems must be monitored by an entity other than the 
  3.19  owner.  
  3.20     (c) Annual monitoring and maintenance reports must be 
  3.21  submitted to the commissioners and the local regulatory 
  3.22  authority. 
  3.23     (d) Independent documentation of system performance must be 
  3.24  reported on a form provided by the commissioner. 
  3.25     Subd. 4.  [APPROVAL REQUIREMENTS.] (a) Permitting of 
  3.26  biodigester and water reclamation systems are subject to any 
  3.27  local government requirements for installation and use subject 
  3.28  to the commissioner's approval.  
  3.29     (b) Any subsurface discharge of treated effluent from any 
  3.30  system must be in accordance with environmental standards 
  3.31  contained in Minnesota Rules, part 7080.0179, and is regulated 
  3.32  under the requirements of sections 115.55 and 115.56. 
  3.33     (c) Any surface discharge of treated effluent from a system 
  3.34  must be in accordance with environmental standards contained in 
  3.35  Minnesota Rules, part 7080.0030, and be operated under a permit 
  3.36  issued by the agency.  The agency may issue either individual or 
  4.1   general permits to regulate the surface discharges from 
  4.2   biodigester and water reclamation systems. 
  4.3      (d) Any reuse of treated effluent from a system must be in 
  4.4   accordance with state standards established for potable well 
  4.5   water. 
  4.6      Subd. 5.  [EXEMPTION.] Biodigester and water reclamation 
  4.7   systems are exempt from all state and local requirements 
  4.8   pertaining to Minnesota Rules, chapter 4715, until May 1, 2014.  
  4.9      [EFFECTIVE DATE; EXPIRATION.] This section is effective the 
  4.10  day following final enactment and expires May 1, 2014.