MN HF2634

Counties may adopt local standards less restrictive than state agency rules for existing subsurface sewage treatment systems, considering factors like soil separation, soil classification, vegetation, system use, well placement, system density, groundwater flow patterns, and drainage systems, with submission to the commissioner for comment.

Counties may adopt less restrictive local standards for new or replacement systems in areas of sustained and projected low population density, provided they document hardship and submit draft ordinances with justification to the commissioner 30 days before adoption.

Local units of government may adopt ordinances more restrictive than state rules for new or replacement systems but cannot prevent or delay recording of deeds or instruments with the county recorder or registrar of titles.

Alternative local standards for residential systems with flow of 2,500 gallons per day or less may apply to shoreland systems and food/beverage/lodging establishment systems, provided they are no less stringent than Minnesota Rules chapter 7080 provisions effective April 3, 2006, with specified waste strength standards for commercial establishments.

The Commissioner of the Pollution Control Agency must amend Minnesota Rules to conform to these provisions and may use the good cause exemption for rulemaking.