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Minnesota Legislature

Office of the Revisor of Statutes

SF 1342

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 02:24pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; changing provisions for wells and borings; amending Minnesota
Statutes 2018, sections 103I.005, subdivisions 2, 17a; 103I.205, subdivisions 1,
4; 103I.208, subdivision 1; 103I.235, subdivision 3; 103I.301, subdivisions 3, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 103I.005, subdivision 2, is amended to read:


Subd. 2.

Boring.

"Boring" means a hole or excavation that deleted text beginis not used to extract water
deleted text enddeleted text begin anddeleted text end includes exploratory borings, bored geothermal heat exchangers, new text begintemporary borings,
new text end and elevator borings.

Sec. 2.

Minnesota Statutes 2018, section 103I.005, subdivision 17a, is amended to read:


Subd. 17a.

Temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

deleted text begin "Temporary environmental well"
means an environmental well as defined in section 103I.005, subdivision 8a, that is sealed
within 72 hours of the time construction on the well begins.
deleted text end new text begin "Temporary boring" means an
excavation that is 15 feet or more in depth that is sealed within 72 hours of the time of
construction and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:
new text end

new text begin (1) conduct physical, chemical, or biological testing of groundwater, including
groundwater quality monitoring;
new text end

new text begin (2) monitor or measure physical, chemical, radiological, or biological parameters of
earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or
resistance;
new text end

new text begin (3) measure groundwater levels, including use of a piezometer; and
new text end

new text begin (4) determine groundwater flow direction or velocity.
new text end

Sec. 3.

Minnesota Statutes 2018, section 103I.205, subdivision 1, is amended to read:


Subdivision 1.

Notification required.

(a) Except as provided in paragraph (d), a person
may not construct a water-supply, dewatering, or environmental well until a notification of
the proposed well on a form prescribed by the commissioner is filed with the commissioner
with the filing fee in section 103I.208, and, when applicable, the person has met the
requirements of paragraph (e). If after filing the well notification an attempt to construct a
well is unsuccessful, a new notification is not required unless the information relating to
the successful well has substantially changed. A notification is not required prior to
construction of a temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

(b) The property owner, the property owner's agent, or the licensed contractor where a
well is to be located must file the well notification with the commissioner.

(c) The well notification under this subdivision preempts local permits and notifications,
and counties or home rule charter or statutory cities may not require a permit or notification
for wells unless the commissioner has delegated the permitting or notification authority
under section 103I.111.

(d) A person who is an individual that constructs a drive point water-supply well on
property owned or leased by the individual for farming or agricultural purposes or as the
individual's place of abode must notify the commissioner of the installation and location of
the well. The person must complete the notification form prescribed by the commissioner
and mail it to the commissioner by ten days after the well is completed. A fee may not be
charged for the notification. A person who sells drive point wells at retail must provide
buyers with notification forms and informational materials including requirements regarding
wells, their location, construction, and disclosure. The commissioner must provide the
notification forms and informational materials to the sellers.

(e) When the operation of a well will require an appropriation permit from the
commissioner of natural resources, a person may not begin construction of the well until
the person submits the following information to the commissioner of natural resources:

(1) the location of the well;

(2) the formation or aquifer that will serve as the water source;

(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will be
requested in the appropriation permit; and

(4) other information requested by the commissioner of natural resources that is necessary
to conduct the preliminary assessment required under section 103G.287, subdivision 1,
paragraph (c).

The person may begin construction after receiving preliminary approval from the
commissioner of natural resources.

Sec. 4.

Minnesota Statutes 2018, section 103I.205, subdivision 4, is amended to read:


Subd. 4.

License required.

(a) Except as provided in paragraph (b), (c), (d), or (e),
section 103I.401, subdivision 2, or 103I.601, subdivision 2, a person may not drill, construct,
repair, or seal a well or boring unless the person has a well contractor's license in possession.

(b) A person may construct, repair, and seal an environmental well new text beginor temporary boring
new text end if the person:

(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches
of civil or geological engineering;

(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;

(3) is a professional geoscientist licensed under sections 326.02 to 326.15;

(4) is a geologist certified by the American Institute of Professional Geologists; or

(5) meets the qualifications established by the commissioner in rule.

A person must be licensed by the commissioner as an environmental well contractor on
forms provided by the commissioner.

(c) A person may do the following work with a limited well/boring contractor's license
in possession. A separate license is required for each of the four activities:

(1) installing, repairing, and modifying well screens, pitless units and pitless adaptors,
well pumps and pumping equipment, and well casings from the pitless adaptor or pitless
unit to the upper termination of the well casing;

(2) sealing wells and borings;

(3) constructing, repairing, and sealing dewatering wells; or

(4) constructing, repairing, and sealing bored geothermal heat exchangers.

(d) A person may construct, repair, and seal an elevator boring with an elevator boring
contractor's license.

(e) Notwithstanding other provisions of this chapter requiring a license, a license is not
required for a person who complies with the other provisions of this chapter if the person
is:

(1) an individual who constructs a water-supply well on land that is owned or leased by
the individual and is used by the individual for farming or agricultural purposes or as the
individual's place of abode;

(2) an individual who performs labor or services for a contractor licensed under the
provisions of this chapter in connection with the construction, sealing, or repair of a well
or boring at the direction and under the personal supervision of a contractor licensed under
the provisions of this chapter; or

(3) a licensed plumber who is repairing submersible pumps or water pipes associated
with well water systems if: (i) the repair location is within an area where there is no licensed
well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant
sections of the plumbing code.

Sec. 5.

Minnesota Statutes 2018, section 103I.208, subdivision 1, is amended to read:


Subdivision 1.

Well notification fee.

The well notification fee to be paid by a property
owner is:

(1) for construction of a water supply well, $275, which includes the state core function
fee;

(2) for a well sealing, $75 for each wellnew text begin or boringnew text end, which includes the state core function
fee, except that a single fee of $75 is required for all temporary deleted text beginenvironmental wellsdeleted text endnew text begin boringsnew text end
recorded on the sealing notification for a single propertydeleted text begin, having depths within a 25 foot
range, and
deleted text end sealed within 72 hours of start of constructionnew text begin, except that temporary
environmental borings less than 25 feet in depth are exempt from the notification and fee
requirements in this chapter
new text end;

(3) for construction of a dewatering well, $275, which includes the state core function
fee, for each dewatering well except a dewatering project comprising five or more dewatering
wells shall be assessed a single fee of $1,375 for the dewatering wells recorded on the
notification; and

(4) for construction of an environmental well, $275, which includes the state core function
fee, except that a single fee of $275 is required for all environmental wells recorded on the
notification that are located on a single property, and except that no fee is required for
construction of a temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

Sec. 6.

Minnesota Statutes 2018, section 103I.235, subdivision 3, is amended to read:


Subd. 3.

Temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end and unsuccessful well exemption.

This
section does not apply to temporary deleted text beginenvironmental wellsdeleted text endnew text begin boringsnew text end or unsuccessful wells that
have been sealed by a licensed contractor in compliance with this chapter.

Sec. 7.

Minnesota Statutes 2018, section 103I.301, subdivision 3, is amended to read:


Subd. 3.

deleted text beginDewatering wellsdeleted text endnew text begin Temporary boringnew text end.

(a) The owner of the property where a
deleted text begin dewatering welldeleted text endnew text begin temporary boringnew text end is located must have the deleted text begindewatering welldeleted text endnew text begin temporary
boring
new text end sealed deleted text beginwhen the dewatering well is no longer in usedeleted text endnew text begin within 72 hours after the start
of construction of the temporary boring
new text end.

(b) new text beginThe owner must have new text enda well contractor, limited well/boring sealing contractor, or
deleted text begin limited dewateringdeleted text endnew text begin an environmentalnew text end well contractor deleted text beginshalldeleted text end seal the deleted text begindewatering welldeleted text endnew text begin temporary
boring
new text end.

Sec. 8.

Minnesota Statutes 2018, section 103I.301, subdivision 6, is amended to read:


Subd. 6.

Notification required.

A person may not seal a well new text beginor boring new text enduntil a notification
of the proposed sealing is filed as prescribed by the commissioner.new text begin Temporary borings less
than 25 feet in depth are exempt from the notification requirements in this chapter.
new text end