SF 5180

04/10/26  REVISOR  CKM/BH  26-08423  as introduced
  SENATE
  STATE OF MINNESOTA
  NINETY-FOURTH SESSION  S.F. No. 5180
  (SENATE AUTHORS: HOUSLEY, Johnson Stewart and Seeberger)
  DATE       D-PG  OFFICIAL STATUS
  04/20/2026      8523 Introduction and first reading
  Referred to Environment, Climate, and Legacy
  04/29/2026      9211 Authors added Johnson Stewart; Seeberger
1.1A bill for an act
1.2relating to environment; requiring acceptance of best evidence to determine
1.3subsurface sewage treatment system compliance; amending Minnesota Statutes
1.42024, section 115.55, by adding a subdivision.
1.5    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6Section 1. Minnesota Statutes 2024, section 115.55, is amended by adding a subdivision
1.7    to read:
1.8Subd. 14. Best evidence of compliance. (a) In determining whether a subsurface sewage
1.9    treatment system meets applicable requirements, the agency, local units of government, and
1.10   inspectors must use the best evidence that is available for the presence of sewage
1.11   contaminants in groundwater. For purposes of this subdivision, "best evidence" means
1.12   results that are less than two years old from any of the following testing methods and sources,
1.13   with priority given in the order listed:
1.14(1) a measurement of groundwater contaminants by a laboratory accredited by the
1.15   Department of Health;
1.16(2) continuous, uncompressed probe-measured depth below the drain field base media
1.17   to the groundwater table;
1.18(3) the National Groundwater Monitoring Network, a watershed district, or historical
1.19   depth-to-groundwater information of either the network or a watershed district;
1.20(4) empirical field measurements of depth to mottled soil; and
1.21(5) depth to mottled soil with redoximorphic features based on Munsell soil color charts.
1.22(b) The agency, local units of government, or inspector, as applicable, must:
Section 1.  1
04/10/26  REVISOR  CKM/BH  26-08423  as introduced
2.1     (1) accept results that are less than two years old from any of the testing methods and
2.2 sources under paragraph (a) when the owner or lessee of the property where a subsurface
2.3 sewage treatment system is located offers to submit the results; and
2.4     (2) notify a person of their rights under this subdivision at least 90 days before issuing
2.5 a notice of noncompliance.
Section 1.  2