S-5050

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

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ANNETTE SWEENEY