Senate
File
2255
S-5050
Amend
Senate
File
2255
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
NEW
SECTION
.
455B.241
Definitions.
4
As
used
in
this
part
3
of
subchapter
III,
unless
the
context
5
otherwise
requires:
6
1.
“Certified
technician”
means
a
person
who
is
certified
7
in
accordance
with
the
manufacturer
to
monitor,
maintain,
and
8
inspect
the
system.
9
2.
“Class
A
proprietary
treatment
system”
or
“class
A
system”
10
means
a
media-based
or
passive
secondary
treatment
system
11
including
but
not
limited
to
a
peat
moss
biofilter,
coconut
12
fiber
filter,
synthetic
foam
filter,
polystyrene
bead
media
13
filter,
or
textile
filter.
14
3.
“Class
B
proprietary
treatment
system”
or
“class
B
system”
15
means
a
secondary
treatment
system
that
relies
on
mechanical
16
aeration.
17
4.
“Proprietary
treatment
system”
means
either
a
class
A
18
or
class
B
system
that
is
certified
by
an
accreditation
body,
19
including
certification
meeting
national
sanitation
foundation
20
standard
40
class
I.
21
Sec.
2.
NEW
SECTION
.
455B.242
Monitoring
and
maintenance
22
requirements.
23
1.
Prior
to
the
installation
of
a
proprietary
treatment
24
system,
the
system
owner
and
a
certified
technician
shall
25
enter
into
a
contract
for
monitoring
and
maintenance
of
the
26
proprietary
treatment
system.
The
contract
shall
be
required
27
for
the
life
of
the
system,
and
a
copy
of
the
contract
shall
be
28
provided
to
the
applicable
administrative
authority.
29
2.
A
proprietary
treatment
system
shall
be
inspected,
30
monitored,
and
maintained
by
the
certified
technician
in
31
accordance
with
the
manufacturer’s
specifications.
A
class
A
32
system
shall
be
maintained
at
least
annually.
A
class
B
system
33
shall
be
maintained
at
least
twice
per
year
or
more
frequently
34
if
required
by
the
manufacturer’s
specifications.
35
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#1.
3.
All
maintenance
and
visual
inspections
shall
be
1
performed
by
a
certified
technician.
A
certified
technician
2
shall
report
results,
as
provided
in
section
455B.243,
to
the
3
system
owner
and
to
the
applicable
administrative
authority
4
within
thirty
days
following
the
inspection.
The
certified
5
technician
shall
also
report
any
discontinuance
or
proprietary
6
treatment
system
maintenance
to
the
applicable
administrative
7
authority.
8
4.
A
proprietary
treatment
system
may
be
used
when
the
9
applicable
administrative
authority
determines
the
site
is
10
unacceptable
for
a
conventional
subsurface
soil
absorption
11
system.
Preference
shall
be
given
to
the
use
of
a
class
12
A
system
due
to
the
operating
principle
being
similar
to
13
that
of
intermittent
subsurface
sand
filter
beds.
A
class
B
14
system
shall
not
be
used
on
a
vacation
home,
church,
or
event
15
facility,
or
other
seasonal
or
infrequent
use
facilities.
16
5.
A
class
B
proprietary
treatment
system
that
discharges
17
treated
effluent
on
the
surface
of
the
ground
shall
receive
18
additional
treatment
through
the
use
of
intermittent
free
19
access
sand
filters
of
a
magnitude
not
exceeding
five
gallons
20
per
square
foot
of
design
flow.
21
Sec.
3.
NEW
SECTION
.
455B.243
Reporting.
22
1.
A
maintenance
and
visual
inspection
report
for
a
class
A
23
or
class
B
system,
as
required
under
section
455B.242,
shall
24
record
at
least
the
following
information:
25
a.
The
date
of
the
inspection.
26
b.
The
type
of
proprietary
treatment
system.
27
c.
Whether
the
system
is
functioning
correctly
or
28
functioning
incorrectly.
29
d.
Any
sign
of
equipment
malfunction,
the
cause
of
the
30
malfunction,
and
the
corrective
action
taken.
31
e.
Results
of
water
testing
if
the
system
is
subject
to
32
national
pollution
discharge
elimination
system
general
permit
33
number
four.
34
f.
If
the
system
is
functioning
incorrectly,
the
primary
35
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reason
for
the
deficiency,
including
but
not
limited
to:
1
(1)
Improper
installation.
2
(2)
Lack
of
required
maintenance.
3
(3)
Improper
operation
or
malfunction.
4
(4)
Other
damages
or
conditions
contributing
to
the
5
malfunction.
6
2.
The
completed
report
shall
be
submitted
to
the
department
7
by
the
certified
technician
in
the
form
and
manner
prescribed
8
by
the
department.
9
3.
The
department
shall
compile
the
information
and
10
shall
maintain
a
publicly
accessible
database
summarizing
11
inspection
outcomes.
The
database
shall
not
include
personally
12
identifiable
information.
13
Sec.
4.
NEW
SECTION
.
455B.244
Rulemaking
authority.
14
The
department
may
adopt
rules
as
necessary
to
administer
15
this
part.
16
Sec.
5.
APPLICABILITY.
This
Act
applies
to
the
inspection,
17
monitoring,
and
maintenance
of
proprietary
treatment
systems,
18
as
defined
in
section
455B.241,
as
enacted
by
this
Act,
19
performed
on
or
after
July
1,
2026.
>
20
2.
Title
page,
line
1,
by
striking
<
private
sewage
disposal
>
21
and
inserting
<
proprietary
treatment
>
22
3.
Title
page,
line
2,
after
<
including
>
by
inserting
23
<
inspection,
>
24
______________________________
ANNETTE
SWEENEY
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SF
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#2.
#3.