Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 597-S.F.No. 2126
An act relating to health; providing regulations for
bulk pesticide storage; amending provisions relating
to pesticide registration fees and application fees;
requiring permits for sources of irrigation water;
requiring a permit for construction of a fertilizer
distribution facility; requiring a responsible party
to immediately take reasonable action necessary to
abate an agricultural chemical incident; requiring
certain administrative hearings on contested orders
within 14 days; crediting certain agricultural
penalties to the pesticide or fertilizer regulatory
accounts; amending provisions relating to the
registration surcharge and the agricultural chemical
response and reimbursement fee; appropriating money
from the general fund to be reimbursed with response
and reimbursement fees; amending provisions relating
to response and reimbursement eligibility; providing
commissioner of agriculture authority under chapter
115B for agricultural chemical incidents; defining
agricultural chemical; clarifying requirements for
water well construction, repair, sealing, and
ownership; amending requirements for fees relating to
water wells, monitoring wells, variances, and certain
licenses; clarifying provisions for at-grade
monitoring wells; requiring the establishment of
reduced isolation distances for facilities with
safeguards; clarifying conditions to issue a limited
well contractor's license; clarifying disclosure
requirements for sale of property where wells are
located; clarifying liability and responsibility for
complying with certain well requirements; providing
that the commissioner of natural resources have
authority over permits for the underground storage of
gas or liquid; imposing limits on the flush volume of
new floor-mounted water closets; establishing
requirements to limit the use of once-through water
systems; limiting the issuance of permits for
once-through systems; requiring investigation of
financial assistance for conversion of once-through
systems; clarifying fee requirements and the use of
fees; requiring methods to measure water use; allowing
a waiver of bond requirements for well or limited well
contractors; continuing the legislative commission on
water; continuing certain delegation agreements
between the commissioner of health and a board of
health; amending effective dates; amending
appropriations; appropriating money; amending
Minnesota Statutes 1988, sections 18B.14, subdivision
2; 18B.27, subdivision 3; 18B.28, subdivision 4;
103I.331, subdivision 4; 115B.02, subdivisions 3, 4,
and by adding a subdivision; 326.37; Minnesota
Statutes 1989 Supplement, sections 18B.26, subdivision
3; 18C.205, subdivision 2; 18C.305, subdivision 1;
18D.103, subdivision 1; 18D.321, subdivision 2;
18E.03, subdivisions 3, 4, 5, and by adding a
subdivision; 18E.04, subdivision 1; 103B.3369,
subdivision 5; 103I.005, subdivisions 2, 8, 9, 16, and
by adding a subdivision; 103I.101, subdivisions 2, 5,
and 6; 103I.111, subdivision 5, and by adding
subdivisions; 103I.205, subdivisions 1, 2, 4, 5, 6,
and 8; 103I.208, subdivision 2; 103I.235; 103I.301,
subdivision 3; 103I.311, subdivision 3; 103I.325,
subdivision 2; 103I.525, subdivisions 1, 5, and 6;
103I.531, subdivision 4; 103I.541, subdivision 1, and
by adding subdivisions; 103I.681; 103I.685; 103I.691;
103I.705, subdivisions 2 and 3; 115B.20, subdivision
1; 116C.69, subdivision 3; Laws 1989, chapters 326,
article 3, section 49; article 6, section 33,
subdivision 2; article 8, section 10; and 335, article
1, section 23, subdivision 4; Laws 1990, chapter 391,
article 7, sections 2, by adding a subdivision; and
27, subdivisions 5 and 6, and by adding a subdivision;
and 29, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 18D and 103I; repealing
Minnesota Statutes 1988, sections 115B.17, subdivision
8; and 325E.045, subdivisions 3 and 4; Minnesota
Statutes 1989 Supplement, sections 103I.005,
subdivision 19; 103I.211; 103I.301, subdivision 5;
103I.321; 103I.325, subdivision 1; and 103I.533.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1988, section 18B.14,
subdivision 2, is amended to read:
Subd. 2. [BULK PESTICIDE STORAGE.] (a) A person storing
pesticides in containers of a rated capacity of 500 gallons or
more for more than ten consecutive days at a bulk pesticide
storage facility must obtain a pesticide storage permit from the
commissioner as required by rule.
(b) Applications must be on forms provided by the
commissioner containing information established by rule. The
initial application for a permit must be accompanied by a
nonrefundable application fee of $100 for each location where
the pesticides are stored. An application for a facility that
includes both fertilizers as regulated under chapter 18C and
bulk pesticides as regulated under this chapter shall pay only
one application fee of $100.
(c) The commissioner shall by rule develop and implement a
program to regulate bulk pesticides. The rules must include
installation of secondary containment devices, storage site
security, safeguards, notification of storage site locations,
criteria for permit approval, a schedule for compliance, and
other appropriate requirements necessary to minimize potential
adverse effects on the environment. The rules must conform with
existing rules of the pollution control agency.
(d) A person must obtain a permit from the commissioner on
forms provided by the commissioner before the person constructs
or substantially alters a bulk pesticide storage facility. If
an application is incomplete the commissioner must notify the
applicant as soon as possible. The permit must be acted upon
within 30 days after receiving a completed application.
(e) An application to substantially alter a facility must
be accompanied by a $50 fee. An application for a facility that
includes both fertilizers regulated under chapter 18C and bulk
pesticides regulated under this chapter shall pay only one
application fee of $50.
(f) An additional application fee of $250 must be paid by
an applicant who begins construction of, or substantially
alters, a bulk pesticide storage facility before a permit is
issued by the commissioner. The fee under this paragraph may
not be charged if the permit is not acted upon within 30 days
after receiving a completed application.
Sec. 2. Minnesota Statutes 1989 Supplement, section
18B.26, subdivision 3, is amended to read:
Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an
annual application fee for each pesticide to be registered, and
this fee is set at one-tenth of one percent for calendar year
1990 and at one-fifth of one percent thereafter of annual gross
sales within the state and annual gross sales of pesticides used
in the state, with a minimum nonrefundable fee of $150 plus an
additional one-tenth of one percent for each pesticide for which
the United States Environmental Protection Agency, Office of
Water, has published a Health Advisory Summary by December 1 of
the previous year. The registrant shall determine when and
which pesticides are sold or used in this state. The registrant
shall secure sufficient sales information of pesticides
distributed into this state from distributors and dealers,
regardless of distributor location, to make a determination.
Sales of pesticides in this state and sales of pesticides for
use in this state by out-of-state distributors are not exempt
and must be included in the registrant's annual report, as
required under paragraph (c), and fees shall be paid by the
registrant based upon those reported sales. Sales of pesticides
in the state for use outside of the state are exempt from the
application fee in this paragraph if the registrant properly
documents the sale location and distributors. A registrant
paying more than the minimum fee shall pay the application fee
in quarterly installments balance due by 30 days after the end
of each calendar quarter March 1 based on the gross sales of the
pesticide by the registrant for the preceding calendar quarter
year. The fee for disinfectants and sanitizers is $150. The
minimum fee is due by December 31 preceding the year for which
the application for registration is made. Of the amount
collected after July 1, calendar year 1990, $600,000 per year
must be credited to the waste pesticide account under section
18B.065, subdivision 5, and the additional amount collected for
pesticides with Health Advisory Summaries shall be credited to
the agricultural project utilization account under section
116O.13 to be used for pesticide use reduction grants by the
agricultural utilization research institute.
(b) An additional fee of $100 must be paid by the applicant
for each pesticide to be registered if the application is a
renewal application that is submitted after December 31.
(c) A registrant must annually report to the commissioner
the amount and type of each registered pesticide sold, offered
for sale, or otherwise distributed in the state. The report
shall be filed at the time of payment of the by March 1 for the
previous year's registration application fee. The commissioner
shall specify the form of the report and require additional
information deemed necessary to determine the amount and type of
pesticides annually distributed in the state. The information
required shall include the brand name, amount, and formulation
of each pesticide sold, offered for sale, or otherwise
distributed in the state, but the information collected, if made
public, shall be reported in a manner which does not identify a
specific brand name in the report.
Sec. 3. Minnesota Statutes 1988, section 18B.27,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION FEE.] An application fee for a
special local need registration must be accompanied by a
nonrefundable fee of $125 $150.
Sec. 4. Minnesota Statutes 1988, section 18B.28,
subdivision 4, is amended to read:
Subd. 4. [APPLICATION FEE.] (a) An application for
registration of an experimental use pesticide product must be
accompanied by a nonrefundable application fee of $125 $150.
(b) An additional fee of $200 must be paid by the applicant
for each pesticide distributed or used in the state before an
initial experimental use pesticide product registration was
issued for the pesticide.
Sec. 5. Minnesota Statutes 1989 Supplement, section
18C.205, subdivision 2, is amended to read:
Subd. 2. [PERMIT REQUIRED.] A person may not apply
fertilizers through an irrigation system without a chemigation
permit from the commissioner. A chemigation permit is required
for one or more wells or other sources of irrigation water that
are protected from contamination by the same devices as required
by rule.
Sec. 6. Minnesota Statutes 1989 Supplement, section
18C.305, subdivision 1, is amended to read:
Subdivision 1. [CONSTRUCTION PERMIT.] A person must obtain
a permit from the commissioner on forms provided by the
commissioner before the person constructs or substantially
alters:
(1) safeguards; or
(2) an existing facility used for the manufacture, blending
distribution, handling, or bulk storage of fertilizers, soil
amendments, or plant amendments. The commissioner may not grant
a permit for a site without safeguards that are adequate to
prevent the escape or movement of the fertilizers from the site.
Sec. 7. Minnesota Statutes 1989 Supplement, section
18D.103, subdivision 1, is amended to read:
Subdivision 1. [REPORT TO COMMISSIONER.] A responsible
party or an owner of real property must, on discovering an
incident has occurred, immediately report the incident to the
commissioner. The responsible party must immediately take all
reasonable action necessary to minimize or abate the incident
and to recover any agricultural chemicals involved in the
incident with or without a directive from the commissioner.
Sec. 8. Minnesota Statutes 1989 Supplement, section
18D.321, subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATIVE REVIEW.] If a person notifies the
commissioner that the person intends to contest an order issued
under this chapter, the state office of administrative hearings
shall conduct a hearing in accordance with the applicable
provisions of chapter 14 for hearings in contested cases. For
contested corrective action orders, the state office of
administrative hearings shall conduct an administrative hearing
not later than 14 days after notification that a corrective
action order is contested.
Sec. 9. [18D.323] [CREDITING OF PENALTIES, FEES, AND
COSTS.]
Except for money repaid to the agricultural chemical
response and reimbursement account under section 18E.04,
subdivision 6, penalties, cost reimbursements, fees, and other
moneys collected under this chapter must be deposited into the
state treasury and credited to the appropriate pesticide or
fertilizer regulatory account.
Sec. 10. Minnesota Statutes 1989 Supplement, section
18E.03, subdivision 3, is amended to read:
Subd. 3. [DETERMINATION OF RESPONSE AND REIMBURSEMENT
FEE.] (a) The commissioner shall determine the amount of the
response and reimbursement fee under subdivision 5 after a
public hearing, but notwithstanding section 16A.128, based on:
(1) the amount needed to maintain a an unencumbered balance
in the account of $1,000,000;
(2) the amount estimated to be needed for responses to
incidents as provided in subdivision 2, clauses (1) and (2); and
(3) the amount needed for payment and reimbursement under
section 18E.04.
(b) The commissioner shall determine the response and
reimbursement fee so that the total balance in the account does
not exceed $5,000,000.
(c) Money from the response and reimbursement fee shall be
deposited in the treasury and credited to the agricultural
chemical response and reimbursement account.
Sec. 11. Minnesota Statutes 1989 Supplement, section
18E.03, subdivision 4, is amended to read:
Subd. 4. [FEE THROUGH 1990.] (a) The response and
reimbursement fee consists of the surcharge fees in this
subdivision and shall be collected until December 31, 1990 March
1, 1991.
(b) The commissioner shall impose a surcharge on pesticides
registered under chapter 18B to be collected as a surcharge on
the registration application fee under section 18B.26,
subdivision 3, that is equal to 0.1 percent of sales of the
pesticide in the state and sales of pesticides for use in the
state during the previous calendar quarter period April 1, 1990,
through December 31, 1990, except the surcharge may not be
imposed on pesticides that are sanitizers or disinfectants as
determined by the commissioner. The registrant shall determine
when and which pesticides are sold or used in this state. The
registrant shall secure sufficient sales information of
pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a
determination. Sales of pesticides in this state and sales of
pesticides for use in this state by out-of-state distributors
are not exempt and must be included in the registrant's annual
report, as required under section 18B.26, subdivision 3,
paragraph (c), and fees shall be paid by the registrant based
upon those reported sales. Sales of pesticides in the state for
use outside of the state are exempt from the surcharge in this
paragraph if the registrant properly documents the sale location
and the distributors.
(c) The commissioner shall impose a ten cents per ton
surcharge on the inspection fee under section 18C.425,
subdivision 6, for fertilizers, soil amendments, and plant
amendments.
(d) The commissioner shall impose a surcharge on the
license application of persons licensed under chapters 18B and
18C consisting of:
(1) a $150 surcharge for each site where pesticides are
stored or distributed, to be imposed as a surcharge on pesticide
dealer application fees under section 18B.31, subdivision 5;
(2) a $150 surcharge for each site where a fertilizer,
plant amendment, or soil amendment is distributed, to be imposed
on persons licensed under sections 18C.415 and 18C.425;
(3) a $50 surcharge to be imposed on a structural pest
control applicator license application under section 18B.32,
subdivision 6, for business license applications only;
(4) a $20 surcharge to be imposed on commercial applicator
license application fees under section 18B.33, subdivision 7;
(5) a $20 surcharge to be imposed on noncommercial
applicator license application fees under section 18B.34,
subdivision 5, except a surcharge may not be imposed on a
noncommercial applicator that is a state agency, political
subdivision of the state, the federal government, or an agency
of the federal government; and
(6) a $50 surcharge for licensed lawn service applicators
under chapter 18B or 18C, to be imposed on license application
fees.
(e) If a person has more than one license for a site, only
one surcharge may be imposed to cover all the licenses for the
site.
(f) A $1,000 fee shall be imposed on each site where
pesticides are stored and sold for use outside of the state
unless:
(1) the distributor properly documents that it has less
than $2,000,000 per year in wholesale value of pesticides stored
and transferred through the site; or
(2) the registrant pays the surcharge under paragraph (b)
and the registration fee under section 18B.26, subdivision 3,
for all of the pesticides stored at the site and sold for use
outside of the state.
(g) Paragraphs (c) to (f) apply to sales, licenses issued,
applications received for licenses, and inspection fees imposed
on or after July 1, 1990.
Sec. 12. Minnesota Statutes 1989 Supplement, section
18E.03, subdivision 5, is amended to read:
Subd. 5. [FEE AFTER 1990.] (a) The response and
reimbursement fee for calendar years after December 31, calendar
year 1990, consists of the surcharges in this subdivision and
shall be collected by the commissioner. The amount of the
response and reimbursement fee shall be determined and imposed
annually as required under subdivision 3. The amount of the
surcharges shall be proportionate to and may not exceed the
surcharges in subdivision 4.
(b) The commissioner shall impose a surcharge on pesticides
registered under chapter 18B to be collected as a surcharge on
the registration application fee under section 18B.26,
subdivision 3, as a percent of gross sales of the pesticide in
the state and sales of the pesticide for use in the state during
the previous calendar quarter year, except the surcharge may not
be imposed on pesticides that are sanitizers or disinfectants as
determined by the commissioner. The registrant shall determine
when and which pesticides are sold or used in this state. The
registrant shall secure sufficient sales information of
pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a
determination. Sales of pesticides in this state and sales of
pesticides for use in this state by out-of-state distributors
are not exempt and must be included in the registrant's annual
report, as required under section 18B.26, subdivision 3,
paragraph (c), and fees shall be paid by the registrant based
upon those reported sales. Sales of pesticides in the state for
use outside of the state are exempt from the surcharge in this
paragraph if the registrant properly documents the sale
locations and the distributors.
(c) The commissioner shall impose a fee per ton surcharge
on the inspection fee under section 18C.425, subdivision 6, for
fertilizers, soil amendments, and plant amendments.
(d) The commissioner shall impose a surcharge on the
application fee of persons licensed under chapters 18B and 18C
consisting of:
(1) a surcharge for each site where pesticides are stored
or distributed, to be imposed as a surcharge on pesticide dealer
application fees under section 18B.31, subdivision 5;
(2) a surcharge for each site where a fertilizer, plant
amendment, or soil amendment is distributed, to be imposed on
persons licensed under sections 18C.415 and 18C.425;
(3) a surcharge to be imposed on a structural pest control
applicator license application under section 18B.32, subdivision
6, for business license applications only;
(4) a surcharge to be imposed on commercial applicator
license application fees under section 18B.33, subdivision 7;
(5) a surcharge to be imposed on noncommercial applicator
license application fees under section 18B.34, subdivision 5,
except a surcharge may not be imposed on a noncommercial
applicator that is a state agency, a political subdivision of
the state, the federal government, or an agency of the federal
government; and
(6) a surcharge for licensed lawn service applicators under
chapter 18B or 18C, to be imposed on license application fees.
(e) If a person has more than one license for a site, only
one surcharge may be imposed to cover all the licenses for the
site.
(f) A $1,000 fee shall be imposed on each site where
pesticides are stored and sold for use outside of the state
unless:
(1) the distributor properly documents that it has less
than $2,000,000 per year in wholesale value of pesticides stored
and transferred through the site; or
(2) the registrant pays the surcharge under paragraph (b)
and the registration fee under section 18B.26, subdivision 3,
for all of the pesticides stored at the site and sold for use
outside of the state.
Sec. 13. Minnesota Statutes 1989 Supplement, section
18E.03, is amended by adding a subdivision to read:
Subd. 7. [APPROPRIATION AND REIMBURSEMENT.] The amount of
the response and reimbursement fee imposed under subdivisions 3
to 5 is appropriated from the general fund to the agricultural
chemical response and reimbursement account to be reimbursed
when the fee is collected.
Sec. 14. Minnesota Statutes 1989 Supplement, section
18E.04, subdivision 1, is amended to read:
Subdivision 1. [REIMBURSEMENT OF RESPONSE COSTS.] The
commissioner shall reimburse an eligible person from the
agricultural chemical response and reimbursement account for the
reasonable and necessary costs incurred by the eligible person
in taking corrective action as provided in subdivision 4, if the
board determines:
(1) the eligible person takes all reasonable action
necessary to minimize and abate an incident and the action is
subsequently approved by the commissioner;
(2) the eligible person complies with any reasonable
requests for corrective action issued to the eligible person by
the commissioner;
(3) the eligible person complied with corrective action
orders if issued to the eligible person by the commissioner; and
(2) (4) the incident was reported as required in chapters
18B, 18C, and 18D.
Sec. 15. Minnesota Statutes 1989 Supplement, section
103B.3369, subdivision 5, is amended to read:
Subd. 5. [FINANCIAL ASSISTANCE.] The board may award
grants to counties only to carry out water resource protection
and management programs identified as priorities in
comprehensive local water plans. Grants may be used to employ
persons and to obtain and use information necessary to:
(1) develop comprehensive local water plans under section
sections 110B.04 and 473.8785 that have not received state
funding for water resources planning as provided for in Laws
1987, chapter 404, section 30, subdivision 5, clause (a); and
(2) implement comprehensive local water plans.
Sec. 16. Minnesota Statutes 1989 Supplement, section
103I.005, subdivision 2, is amended to read:
Subd. 2. [BORING.] "Boring" means a hole or excavation
that is not used to extract water and includes exploratory
borings, and environmental bore holes, and test holes.
Sec. 17. Minnesota Statutes 1989 Supplement, section
103I.005, is amended by adding a subdivision to read:
Subd. 4a. [DEWATERING WELL.] "Dewatering well" means a
nonpotable well used to lower groundwater levels to allow for
construction or use of underground space. A dewatering well
does not include:
(1) a well or dewatering well 25 feet or less in depth for
temporary dewatering during construction; or
(2) a well used to lower groundwater levels for control or
removal of groundwater contamination.
Sec. 18. Minnesota Statutes 1989 Supplement, section
103I.005, subdivision 8, is amended to read:
Subd. 8. [ENVIRONMENTAL BORE HOLE.] "Environmental bore
hole" means a hole or excavation in the ground that penetrates a
confining layer or is greater than 25 feet in depth and that
enters or goes through a water bearing layer and is used to
monitor or measure physical, chemical, radiological, or
biological parameters without extracting water. An
environmental bore hole also includes bore holes constructed for
vapor recovery or venting systems. An environmental bore hole
does not include a well, elevator shaft, exploratory boring, or
monitoring well.
Sec. 19. Minnesota Statutes 1989 Supplement, section
103I.005, subdivision 9, is amended to read:
Subd. 9. [EXPLORATORY BORING.] "Exploratory boring" means
a surface drilling done to explore or prospect for oil, natural
gas, kaolin clay, and metallic minerals, including iron, copper,
zinc, lead, gold, silver, titanium, vanadium, nickel, cadmium,
molybdenum, chromium, manganese, cobalt, zirconium, beryllium,
thorium, uranium, aluminum, platinum, palladium, radium,
tantalum, tin, and niobium, and a drilling or boring for
petroleum.
Sec. 20. Minnesota Statutes 1989 Supplement, section
103I.005, subdivision 16, is amended to read:
Subd. 16. [PERSON.] "Person" means an individual, firm,
partnership, association, or corporation or other entity
including the United States government, any interstate body, the
state, and any agency, department, or political subdivision of
the state.
Sec. 21. Minnesota Statutes 1989 Supplement, section
103I.101, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The commissioner shall:
(1) regulate the drilling, construction, and sealing of
wells and borings;
(2) examine and license well contractors, persons modifying
or repairing well casings, well screens, or well diameters;
constructing, repairing, and sealing unconventional wells such
as drive point wells or dug wells; constructing, repairing, and
sealing dewatering wells; sealing wells; installing well pumps
or pumping equipment; and excavating or drilling holes for the
installation of elevator shafts or hydraulic cylinders;
(3) register and examine monitoring well contractors;
(4) license explorers engaged in exploratory boring and
examine individuals who supervise or oversee exploratory boring;
(5) after consultation with the commissioner of natural
resources and the pollution control agency, establish standards
for the design, location, construction, repair, and sealing of
wells and, elevator shafts, and borings within the state; and
(6) issue permits for wells, groundwater thermal devices,
vertical heat exchangers, and excavation for holes to install
elevator shafts or hydraulic cylinders.
Sec. 22. Minnesota Statutes 1989 Supplement, section
103I.101, subdivision 5, is amended to read:
Subd. 5. [COMMISSIONER TO ADOPT RULES.] The commissioner
shall adopt rules including:
(1) issuance of licenses for:
(i) qualified well contractors, persons modifying or
repairing well casings, well screens, or well diameters;
(ii) persons constructing, repairing, and sealing
unconventional wells such as drive points or dug wells;
(iii) persons constructing, repairing, and sealing
dewatering wells;
(iv) persons sealing wells; and
(iv) (v) persons installing well pumps or pumping equipment
and excavating holes for installing elevator shafts or hydraulic
cylinders;
(2) issuance of registration for monitoring well
contractors;
(3) establishment of conditions for examination and review
of applications for license and registration;
(4) establishment of conditions for revocation and
suspension of license and registration;
(5) establishment of minimum standards for design,
location, construction, repair, and sealing of wells to
implement the purpose and intent of this chapter;
(6) establishment of a system for reporting on wells
drilled and sealed;
(7) modification of fees prescribed in this chapter,
according to the procedures for setting fees in section 16A.128;
(8) establishment of standards for the construction,
maintenance, sealing, and water quality monitoring of wells in
areas of known or suspected contamination, for which the
commissioner may adopt emergency rules;
(9) establishment of wellhead protection measures for wells
serving public water supplies;
(10) establishment of procedures to coordinate collection
of well data with other state and local governmental agencies;
and
(11) establishment of criteria and procedures for
submission of well logs, formation samples or well cuttings,
water samples, or other special information required for
geologic and water resource mapping.
Sec. 23. Minnesota Statutes 1989 Supplement, section
103I.101, subdivision 6, is amended to read:
Subd. 6. [FEES FOR VARIANCES.] The commissioner shall
charge a nonrefundable application fee of $150 $100 to cover the
administrative cost of processing a request for a variance or
modification of rules under Minnesota Rules, part 4725.0400, and
for a variance relating to well construction, the nonrefundable
application fee shall be the same amount as the well permit
fee chapter 4725, for wells and borings.
Sec. 24. Minnesota Statutes 1989 Supplement, section
103I.111, is amended by adding a subdivision to read:
Subd. 2a. [FEES.] A board of health under a delegation
agreement with the commissioner may charge permit and
notification fees in excess of the fees specified in section
103I.208 if the fees do not exceed the total direct and indirect
costs to administer the delegated duties.
Sec. 25. Minnesota Statutes 1989 Supplement, section
103I.111, is amended by adding a subdivision to read:
Subd. 2b. [ORDINANCE AUTHORITY.] A political subdivision
may adopt ordinances to enforce and administer powers and duties
delegated under this section. The ordinances may not conflict
with or be less restrictive than standards in state law or
rule. Ordinances adopted by the governing body of a statutory
or home rule charter city or town may not conflict with or be
less restrictive than ordinances adopted by the county board.
Sec. 26. Minnesota Statutes 1989 Supplement, section
103I.111, subdivision 5, is amended to read:
Subd. 5. [LOCAL GOVERNMENT REGULATION OF OPEN WELLS AND
RECHARGING BASINS.] (a) The governing body of a county,
municipality, statutory or home rule charter city, or town may
regulate open wells and recharging basins in a manner not
inconsistent with this chapter and rules and may provide
penalties for the violations. The use or maintenance of an open
well or recharging basin that endangers the safety of a
considerable number of persons may be defined as a public
nuisance and abated as a public nuisance.
(b) The abatement of the public nuisance may include
covering the open well or recharging basin or surrounding the
open well or recharging basin with a protective fence.
Sec. 27. [103I.112] [FEE EXEMPTIONS FOR STATE AND LOCAL
GOVERNMENT.]
(a) The commissioner may not charge fees required under
this chapter to a state agency or a local unit of government or
to a subcontractor performing work for the state agency or local
unit of government.
(b) "Local unit of government" means a statutory or home
rule charter city, town, county, or soil and water conservation
district, watershed district, an organization formed for the
joint exercise of powers under section 471.59, a local health
board, or other special purpose district or authority with local
jurisdiction in water and related land resources management.
Sec. 28. Minnesota Statutes 1989 Supplement, section
103I.205, subdivision 1, is amended to read:
Subdivision 1. [NOTIFICATION REQUIRED.] (a) Except as
provided in paragraphs (d) and (e), a person may not construct a
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. 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.
(b) The property owner, the property owner's agent, or the
well 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.
(d) The owner of a drive point well A person who is an
individual that constructs a drive point 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 owner 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) A person may not construct a monitoring well or
dewatering well until a permit for the monitoring well is issued
by the commissioner for the construction. If after obtaining a
permit an attempt to construct a well is unsuccessful, a new
permit is not required as long as the initial permit is modified
to indicate the location of the successful well.
Sec. 29. Minnesota Statutes 1989 Supplement, section
103I.205, subdivision 2, is amended to read:
Subd. 2. [EMERGENCY PERMIT AND NOTIFICATION EXEMPTIONS.]
The commissioner may adopt rules that modify the procedures for
filing a well notification or well permit if conditions occur
that:
(1) endanger the public health and welfare or cause a need
to protect the groundwater; or
(2) require the monitoring well contractor, limited well
contractor, or well contractor to begin constructing a well
before obtaining a permit or notification.
Sec. 30. Minnesota Statutes 1989 Supplement, section
103I.205, subdivision 4, is amended to read:
Subd. 4. [LICENSE REQUIRED.] (a) Except as provided in
paragraph (b), (c), (d), or (e), a person may not drill,
construct, or repair a well unless the person has a well
contractor's license in possession.
(b) A person may construct a monitoring well if the person
is a professional engineer registered under sections 326.02 to
326.15 in the branches of civil or geological engineering, or
hydrologists or hydrogeologists certified by the American
Institute of Hydrology, any professional engineer registered
with the board of architecture, engineering, land surveying, or
landscape architecture, or a geologist certified by the American
Institute of Professional Geologists, and registers with the
commissioner as a monitoring well contractor on forms provided
by the commissioner.
(c) A person may do the following work with a limited well
contractor's license in possession. A separate license is
required for each of the five activities:
(1) modify installing or repair repairing well casings or
well screens or pitless units or pitless adaptors and well
casings from the the pitless adaptor or pitless unit to the
upper termination of the well casing;
(2) construct constructing, repairing, and sealing drive
point wells or dug wells; or
(3) install installing well pumps or pumping equipment;
(4) sealing wells; or
(5) constructing, repairing, or sealing dewatering wells.
(d) A person may do the following work with a limited well
sealing contractor's license in possession:
(1) modify or repair well casings or well screens;
(2) construct drive point wells;
(3) install well pumps or pumping equipment; or
(4) seal wells.
(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 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; or
(2) an individual who performs labor or services for a well
contractor in connection with the construction or repair of a
well or sealing a well at the direction and at the personal
supervision of a well contractor.
Sec. 31. Minnesota Statutes 1989 Supplement, section
103I.205, subdivision 5, is amended to read:
Subd. 5. [AT-GRADE MONITORING WELLS.] At-grade monitoring
wells are authorized without variance and may be installed for
the purpose of evaluating groundwater conditions or for use as a
leak detection device. The An at-grade completion monitoring
well must comply be installed in accordance with the rules of
the commissioner. The at-grade monitoring wells must be
installed with an impermeable double locking cap approved by the
commissioner and must be labeled monitoring wells.
Sec. 32. Minnesota Statutes 1989 Supplement, section
103I.205, subdivision 6, is amended to read:
Subd. 6. [DISTANCE REQUIREMENTS FOR SOURCES OF
CONTAMINATION.] (a) A person may not place, construct, or
install an actual or potential source of contamination any
closer to a well than the isolation distances prescribed by the
commissioner by rule unless a variance has been prescribed by
rule.
(b) The commissioner shall establish by rule reduced
isolation distances for facilities which have safeguards in
accordance with sections 18B.01, subdivision 26, and 18C.005,
subdivision 29.
Sec. 33. Minnesota Statutes 1989 Supplement, section
103I.205, subdivision 8, is amended to read:
Subd. 8. [MONITORING WELL CONTRACT REQUIREMENT WELLS ON
PROPERTY OF ANOTHER.] A person may not construct a monitoring
well on the property of another until the owner of the property
on which the well is to be located and the well owner sign a
written contract agreement that describes the nature of the work
to be performed, the estimated cost of the work, and
provisions identifies which party will be responsible for
obtaining maintenance permits and for sealing the monitoring
well. If the property owner refuses to sign the agreement, the
well owner may, in lieu of a written agreement, state in writing
to the commissioner that the well owner will be responsible for
obtaining maintenance permits and sealing the well. Nothing in
this subdivision eliminates the responsibilities of the property
owner under this chapter, or allows a person to construct a well
on the property of another without consent or other legal
authority.
Sec. 34. Minnesota Statutes 1989 Supplement, section
103I.208, subdivision 2, is amended to read:
Subd. 2. [PERMIT FEE.] The permit fee to be paid by a
property owner is:
(1) for a well that is inoperable or disconnected from a
power supply under a maintenance permit, $50;
(2) for construction of a monitoring well, $50;
(3) for monitoring wells owned by a state or federal agency
or a local unit of government as defined in section 103B.3363,
subdivision 4, there is no fee;
(4) annually for a monitoring well that is unsealed under a
maintenance permit, $50;
(5) (4) for monitoring wells used as a leak detection
device at a single motor fuel retail outlet or petroleum bulk
storage site excluding tank farms, the construction permit fee
is $50 per site regardless of the number of wells constructed on
the site and the annual fee for a maintenance permit for
unsealed monitoring wells is $50 per site regardless of the
number of monitoring wells located on site;
(6) (5) for a groundwater thermal exchange device, $50;
(7) (6) for a vertical heat exchanger, in addition to the
permit fee for wells, $50;
(8) (7) for construction of the dewatering well, $50 for
each well except a dewatering project comprising more than ten
wells shall be issued a single permit for the wells recorded on
the permit for $500; and
(9) (8) annually for a dewatering well that is unsealed
under a maintenance permit, $25 for each well, except a
dewatering project comprising more than ten wells shall be
issued a single permit for wells recorded on the permit for $250.
Sec. 35. Minnesota Statutes 1989 Supplement, section
103I.235, is amended to read:
103I.235 [SALE OF PROPERTY WHERE WELLS ARE LOCATED.]
Subdivision 1. [DISCLOSURE OF WELLS TO BUYER.] (a) Before
signing an agreement to sell or transfer real property, the
seller must disclose in writing to the buyer information about
the status and the location of all known wells on the
property, including by delivering to the buyer either a
statement by the seller that the seller does not know of any
wells on the property, or a disclosure statement indicating the
legal description, and the quartile, section, township, range,
and county, and a map drawn from available information showing
the location of the wells each well to the extent practicable.
In the disclosure statement, the seller must indicate, for each
well, whether the well is in use, not in use, or sealed.
(b) At the time of closing of the sale, the
disclosure statement information and the quartile, section,
township, and range in which each well is located must be
provided on a well certificate signed by the seller of the
property or a person authorized to act on behalf of the seller.
A well certificate need not be provided if the closing occurs
before November 1, 1990, or the seller does not know of any
wells on the property and the deed or other instrument of
conveyance contains the statement: "The Seller certifies that
the Seller does not know of any wells on the described real
property."
If a deed is given pursuant to a contract for deed, the
well certificate required by this subdivision shall be signed by
the buyer or a person authorized to act on behalf of the buyer.
(c) If a the seller fails to provide a required well
certificate, a the buyer, or a person authorized to act on
behalf of the buyer, may sign a well certificate based on the
information provided on the disclosure statement required by
this section or based on other available information.
(d) A county recorder or registrar of titles may not record
a deed, or other instrument, or writing of conveyance dated
after October 31, 1990, for which a certificate of value is
required under section 272.115, or any deed or contract for deed
other instrument of conveyance dated after October 31, 1990,
from a governmental body exempt from the payment of state deed
tax, unless the deed or other instrument of conveyance either
contains the statement "The Seller certifies that the Seller
does not know of any wells on the described real property," or
is accompanied by the well certificate required by this
subdivision is filed with the county recorder or registrar of
titles and the filing fee paid under section 357.18. The county
recorder or registrar of titles shall note on each deed or other
instrument of conveyance accompanied by a well certificate that
the well certificate was received. The well certificate shall
not be filed or recorded in the records maintained by the county
recorder or registrar of titles. The county recorder or
registrar of titles shall transmit the well certificate to the
commissioner of health within 15 days after receiving the well
certificate.
(e) The commissioner in consultation with county recorders
shall prescribe the form for a well certificate and provide well
certificate forms to county recorders and registrars of titles
and other interested persons.
(f) Failure to comply with a requirement of this
subdivision does not impair:
(1) the validity of a deed or other instrument of
conveyance as between the parties to the deed or instrument or
as to any other person who otherwise would be bound by the deed
or instrument; or
(2) the record, as notice, of any deed or other instrument
of conveyance accepted for filing or recording contrary to the
provisions of this subdivision.
Subd. 2. [LIABILITY FOR FAILURE TO DISCLOSE.] Unless the
buyer and seller agree to the contrary, in writing, before the
closing of the sale, a seller who fails to disclose the
existence of a well at the time of sale and knew of or had
reason to know of the existence of a the well, is liable to the
buyer for costs and reasonable attorney fees relating to the
sealing of a the well. and reasonable attorney fees for
collection of costs from the seller, if the action must be is
commenced by the buyer within six years after the date the buyer
purchased closed the purchase of the real property where the
well is located.
Sec. 36. Minnesota Statutes 1989 Supplement, section
103I.301, subdivision 3, is amended to read:
Subd. 3. [DEWATERING WELLS.] (a) The owner of the property
where a dewatering well is located must have the dewatering well
sealed when the dewatering well is no longer in use.
(b) A well contractor or, limited well sealing contractor,
or limited dewatering well contractor shall seal the dewatering
well.
Sec. 37. Minnesota Statutes 1989 Supplement, section
103I.311, subdivision 3, is amended to read:
Subd. 3. [PROHIBITION ON STATE LAND PURCHASED WITHOUT WELL
IDENTIFICATION.] The state may not purchase or sell real
property or an interest in real property without identifying the
location of all wells on the property, whether in use, not in
use, or sealed on the property, and making provisions to have
the wells not in use properly sealed at the cost of the seller
as part of the contract. The deed or other instrument of
conveyance evidencing the sale may not be recorded with the
county recorder or registrar of titles unless this subdivision
is complied with. Failure to comply with a requirement of this
subdivision does not impair:
(1) the validity of a deed or other instrument of
conveyance as between the parties to the deed or instrument or
as to any other person who otherwise would be bound by the deed
or instrument; or
(2) the record, as notice, of any deed or other instrument
of conveyance accepted for filing or recording contrary to the
provisions of this subdivision.
Sec. 38. Minnesota Statutes 1989 Supplement, section
103I.325, subdivision 2, is amended to read:
Subd. 2. [LIABILITY AFTER SEALING.] The owner of a
well that has had a sealed well certificate filed with the
commissioner of health and the county recorder or registrar of
titles where the well is located is not liable for contamination
of groundwater from the well that occurs after the well has been
sealed by a licensed contractor in compliance with this chapter
if a report of sealing has been filed with the commissioner of
health by the contractor who performed the work, and if the
owner has not disturbed or disrupted the sealed well.
Sec. 39. Minnesota Statutes 1988, section 103I.331,
subdivision 4, is amended to read:
Subd. 4. [LANDOWNER WELL SEALING CONTRACTS.] (a) A county,
or contracted local unit of government, may contract with
landowners to share the cost of sealing priority wells in
accordance with criteria established by the board of water and
soil resources.
(b) The county must use the funds allocated from the board
of water and soil resources to pay up to 75 percent, but not
more than $2,000 of the cost of sealing priority wells.
(c) A well sealing contract must provide that:
(1) sealing is done in accordance with this chapter and
rules of the commissioner of health relating to sealing of
unused wells;
(2) payment is made to the landowner, after the well is
sealed by a contractor licensed under this chapter; and
(3) a sealed well certificate will be issued to the
landowner after sealing of the well is completed; and
(4) the landowner contractor must file a copy of the sealed
well certificate report and a copy of the well record with the
commissioner of health.
Sec. 40. Minnesota Statutes 1989 Supplement, section
103I.525, subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] (a) A person must file an
application and application fee with the commissioner to apply
for a well contractor's license.
(b) The application must state the applicant's
qualifications for the license, the equipment the applicant will
use in the contracting, and other information required by the
commissioner. The application must be on forms prescribed by
the commissioner.
(c) A person may apply as an individual if the person:
(1) is not the licensed well contractor representing a
firm, partnership, association, corporation, or other entity
including the United States government, any interstate body, the
state and agency, department or political subdivision of the
state; and
(2) meets the well contractor license requirements under
this chapter and Minnesota Rules, chapter 4725.
Sec. 41. Minnesota Statutes 1989 Supplement, section
103I.525, subdivision 5, is amended to read:
Subd. 5. [BOND.] (a) As a condition of being issued a well
contractor's license, the applicant, except a person applying
for an individual well contractor's license, must submit a
corporate surety bond for $10,000 approved by the commissioner.
The bond must be conditioned to pay the state on unlawful
performance of work regulated by this chapter in this state.
The bond is in lieu of other license bonds required by a
political subdivision of the state.
(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to properly perform work or duties.
Sec. 42. Minnesota Statutes 1989 Supplement, section
103I.525, subdivision 6, is amended to read:
Subd. 6. [LICENSE FEE.] The fee for a well contractor's
license is $250, except the fee for an individual well
contractor's license is $50.
Sec. 43. Minnesota Statutes 1989 Supplement, section
103I.531, subdivision 4, is amended to read:
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant passes the
examination as determined by the commissioner, submits the bond
under subdivision 5, and pays the license fee under subdivision
6, the commissioner shall issue a limited well contractor's
license. If the other conditions of this section are satisfied,
the commissioner may not withhold issuance of a dewatering
limited license based on the applicant's lack of prior
experience under a licensed well contractor.
Sec. 44. Minnesota Statutes 1989 Supplement, section
103I.541, subdivision 1, is amended to read:
Subdivision 1. [INITIAL REGISTRATION AFTER DECEMBER 31,
JULY 1, 1990.] After December 31, July 1, 1990, a person seeking
initial registration as a monitoring well contractor must meet
examination and experience requirements adopted by the
commissioner by rule.
Sec. 45. Minnesota Statutes 1989 Supplement, section
103I.541, is amended by adding a subdivision to read:
Subd. 2a. [APPLICATION.] (a) An individual must submit an
application and application fee to the commissioner to apply for
a monitoring well contractor registration.
(b) The application must be on forms prescribed by the
commissioner. The application must state the applicant's
qualifications for the registration, the equipment the applicant
will use in the contracting, and other information required by
the commissioner.
Sec. 46. Minnesota Statutes 1989 Supplement, section
103I.541, is amended by adding a subdivision to read:
Subd. 2b. [APPLICATION FEE.] The application fee for a
monitoring well contractor registration is $50. The
commissioner may not act on an application until the application
fee is paid.
Sec. 47. Minnesota Statutes 1989 Supplement, section
103I.681, is amended to read:
103I.681 [PERMIT FOR UNDERGROUND STORAGE OF GAS OR LIQUID.]
Subdivision 1. [PERMIT REQUIRED.] (a) The state, a person,
partnership, association, private or public corporation, county,
municipality, or other political subdivision of the state may
not displace groundwater in consolidated or unconsolidated
formations by the underground storage of a gas or liquid under
pressure without an underground storage permit from
the commissioners commissioner of natural resources and health.
(b) The state, a person, a public corporation, county,
municipality, or other political subdivision of the state may
not store a gas or liquid, except water, below the natural
surface of the ground by using naturally occurring rock
materials as a storage reservoir without an underground storage
permit from the commissioners commissioner of health and natural
resources.
Subd. 2. [APPLICATION.] (a) A person may apply for an
underground storage permit by filing an application form with
the commissioner of natural resources accompanied by the
application fee and maps, plans, and specifications describing
the proposed displacement of groundwater and the underground
storage of gases or liquids and other data required by the
commissioner.
(b) The commissioner of natural resources shall prescribe
the application form to apply for an underground storage permit.
(c) The commissioner of natural resources may require an
applicant to demonstrate to the commissioner that the applicant
has adequately provided a method to ensure payment of any
damages resulting from the operation of a gas or liquid storage
reservoir.
Subd. 3. [HEARING REQUIRED.] (a) An underground storage
permit allowing displacement of groundwater may not be issued by
the commissioner of natural resources or health without holding
a public hearing on the issuance of the permit.
(b) By 20 days after receiving a complete application, the
commissioner of natural resources shall set a time and location
for the hearing.
Subd. 4. [NOTICE OF HEARING.] The hearing notice must:
(1) state the date, place, and time of the hearing;
(2) show the location of groundwater and surface water and
property affected by the proposed underground storage;
(3) be published by the applicant, or by the commissioner
of natural resources if the proceeding is initiated by the
commissioner of natural resources or health, once each week for
two successive weeks in a legal newspaper that is published in
the county where a part or all of the affected groundwater or
surface waters are located; and
(4) be mailed by the commissioner of natural resources to
the county auditor and the chief executive official of an
affected municipality.
Subd. 5. [PROCEDURE AT HEARING.] (a) The hearing must be
public and conducted by the commissioner of natural resources or
a referee appointed by the commissioner.
(b) Affected persons must have an opportunity to be heard.
Testimony must be taken under oath and the parties must have the
right of cross-examination. The commissioner of natural
resources shall provide a stenographer, at the expense of the
applicant, to take testimony and a record of the testimony, and
all proceedings at the hearing shall be taken and preserved.
(c) The commissioner of natural resources is not bound by
judicial rules of evidence or of pleading and procedure.
Subd. 6. [SUBPOENAS.] The commissioner of natural
resources or health may subpoena and compel the attendance of
witnesses and the production of books and documents material to
the purposes of the hearing. Disobedience of a subpoena, or
refusal to be sworn, or refusal to answer as a witness, is
punishable as contempt in the same manner as a contempt of the
district court. The commissioner of natural resources must file
a complaint of the disobedience with the district court of the
county where the disobedience or refusal occurred.
Subd. 7. [REQUIRED FINDINGS.] An order granting a permit
for the proposed storage may not be issued unless it contains
and is based on a finding stating:
(1) the proposed storage will be confined to geological
stratum or strata lying more than 500 feet below the surface of
the soil;
(2) the proposed storage will not substantially impair or
pollute groundwater or surface water; and
(3) the public convenience and necessity of a substantial
portion of the gas-consuming public in the state will be served
by the proposed project.
Subd. 8. [ORDER CONDITIONS.] The order granting the permit
must contain conditions and restrictions that will reasonably
protect:
(1) private property or an interest not appropriated;
(2) the rights of the property owners and owners of an
interest in property located within the boundaries of the
proposed storage area, or persons claiming under the owners, to
explore for, drill for, produce or develop for the recovery of
oil or gas or minerals under the property, and to drill wells on
the property to develop and produce water; provided that the
exploration, drilling, producing, or developing complies with
orders and rules of the commissioner of natural resources that
protect underground storage strata or formations against
pollution and against the escape of gas; and
(3) public resources of the state that may be adversely
affected by the proposed project.
Subd. 9. [PUBLICATION OF FINDINGS, CONCLUSIONS, ORDERS.]
(a) The commissioner of natural resources shall mail notice of
any findings, conclusions, and orders made after the hearing to:
(1) the applicant;
(2) parties who entered an appearance at the hearing;
(3) the county auditor; and
(4) the chief executive officer of an affected municipality.
(b) The commissioner of natural resources must publish
notice of findings, conclusions, and orders made after the
hearing at least once each week for two successive weeks in a
legal newspaper in the county where a part or all of the
proposed project is located. The costs of the publication must
be paid by the applicant.
Subd. 10. [APPEAL OF COMMISSIONER'S DETERMINATION.] An
interested party may appeal the determination of the
commissioner of natural resources or health to the court of
appeals in accordance with the provisions of chapter 14.
Subd. 11. [PERMIT FEE SCHEDULE.] (a) The commissioner of
natural resources or health shall adopt a permit fee schedule
under chapter 14. The schedule may provide minimum fees for
various classes of permits, and additional fees, which may be
imposed subsequent to the application, based on the cost of
receiving, processing, analyzing, and issuing the permit, and
the actual inspecting and monitoring of the activities
authorized by the permit, including costs of consulting services.
(b) A fee may not be imposed on a state or federal
governmental agency applying for a permit.
(c) The fee schedule may provide for the refund of a fee,
in whole or in part, under circumstances prescribed by the
commissioner of natural resources. Permit fees received must be
deposited in the state treasury and credited to the general
fund. The amount of money necessary to pay the refunds is
appropriated annually from the general fund to the commissioner
of natural resources.
Sec. 48. Minnesota Statutes 1989 Supplement, section
103I.685, is amended to read:
103I.685 [ABANDONMENT OF UNDERGROUND STORAGE PROJECT.]
An underground storage project for which an underground
storage permit is granted may not be abandoned, or a natural or
artificial opening extending from the underground storage area
to the ground surface be filled, sealed, or otherwise closed to
inspection, except after written approval by the commissioner of
natural resources or health and in compliance with conditions
that the commissioners commissioner may impose.
Sec. 49. Minnesota Statutes 1989 Supplement, section
103I.691, is amended to read:
103I.691 [CERTIFICATE OF USE.]
A person may not use a gas or liquid storage reservoir
under an underground storage permit unless the right to use the
property affected by the project has been acquired and a notice
of the acquisition filed with the commissioner of natural
resources or health. The commissioner of natural resources or
health must issue a certificate approving use of the gas or
liquid storage reservoir.
Sec. 50. Minnesota Statutes 1989 Supplement, section
103I.705, subdivision 2, is amended to read:
Subd. 2. [SEALING WELLS AND ELEVATOR SHAFTS.] A well
contractor or limited well sealing contractor who seals a well,
a monitoring well contractor who seals a monitoring well, or a
well contractor or an elevator shaft contractor who seals a hole
that was used for an elevator shaft under a corrective order of
the commissioner in a manner that does not comply with the water
well construction code rules adopted under this chapter, shall
be assessed an administrative penalty of $500.
Sec. 51. Minnesota Statutes 1989 Supplement, section
103I.705, subdivision 3, is amended to read:
Subd. 3. [CONTAMINATION RELATING TO WELL CONSTRUCTION.] A
well contractor, limited well contractor, or monitoring well
contractor working under a corrective order of the commissioner
who fails to comply with the rules in the water well
construction code adopted under this chapter relating to
location of wells in relation to potential sources of
contamination, grouting, materials, or construction techniques
shall be assessed an administrative penalty of $500.
Sec. 52. Minnesota Statutes 1988, section 115B.02,
subdivision 3, is amended to read:
Subd. 3. [AGENCY.] "Agency" means the commissioner of
agriculture for actions, duties, or authorities relating to
agricultural chemicals, or for other substances, the pollution
control agency.
Sec. 53. Minnesota Statutes 1988, section 115B.02, is
amended by adding a subdivision to read:
Subd. 3a. [AGRICULTURAL CHEMICAL.] "Agricultural chemical"
has the meaning given in section 18D.01, subdivision 3.
Sec. 54. Minnesota Statutes 1988, section 115B.02,
subdivision 4, is amended to read:
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture for actions, duties, or authorities
related to agricultural chemicals or the commissioner of the
pollution control agency for other substances.
Sec. 55. Minnesota Statutes 1989 Supplement, section
115B.20, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) The environmental
response, compensation, and compliance account is in the
environmental fund in the state treasury and may be spent only
for the purposes provided in subdivision 2.
(b) The commissioner of finance shall administer a response
account in the fund for the agency and the commissioner of
agriculture to take removal, response, and other actions
authorized under subdivision 2, clauses (1) to (4) and (11) to
(13). The commissioner of finance shall allocate transfer money
from the response account to the agency and the commissioner of
agriculture to take actions required under subdivision 2,
clauses (1) to (4) and (11) to (13).
(c) The commissioner of finance shall administer the
account in a manner that allows the commissioner of agriculture
and the agency to utilize the money in the account to implement
their removal and remedial action duties as effectively as
possible.
(d) Amounts appropriated to the commissioner of finance
under this subdivision shall not be included in the department
of finance budget but shall be included in the pollution control
agency and department of agriculture budgets.
Sec. 56. Minnesota Statutes 1989 Supplement, section
116C.69, subdivision 3, is amended to read:
Subd. 3. [FUNDING; ASSESSMENT.] The board shall finance
its base line studies, general environmental studies,
development of criteria, inventory preparation, monitoring of
conditions placed on site certificates and construction permits,
and all other work, other than specific site and route
designation, from an assessment made quarterly, at least 30 days
before the start of each quarter, by the board against all
utilities with annual retail kilowatt-hour sales greater than
4,000,000 kilowatt-hours in the previous calendar year.
Until June 30, 1992, the assessment shall also include an
amount sufficient to cover 60 percent of the costs to the
pollution control agency of achieving, maintaining, and
monitoring compliance with the acid deposition control standard
adopted under sections 116.42 to 116.45, reprinting
informational booklets on acid rain, and costs for additional
research on the impacts of acid deposition on sensitive areas
published under section 116.44, subdivision 1. The director of
the pollution control agency must prepare a work plan and budget
and submit them annually by June 30 to the pollution control
agency board. The agency board must take public testimony on
the budget and work plan. After the agency board approves the
work plan and budget they must be submitted annually to the
legislative water commission on waste management for review and
recommendation before an assessment is levied. Each share shall
be determined as follows: (1) the ratio that the annual retail
kilowatt-hour sales in the state of each utility bears to the
annual total retail kilowatt-hour sales in the state of all
these utilities, multiplied by 0.667, plus (2) the ratio that
the annual gross revenue from retail kilowatt-hour sales in the
state of each utility bears to the annual total gross revenues
from retail kilowatt-hour sales in the state of all these
utilities, multiplied by 0.333, as determined by the board. The
assessment shall be credited to the special revenue fund and
shall be paid to the state treasury within 30 days after receipt
of the bill, which shall constitute notice of said assessment
and demand of payment thereof. The total amount which may be
assessed to the several utilities under authority of this
subdivision shall not exceed the sum of the annual budget of the
board for carrying out the purposes of this subdivision plus 60
percent of the annual budget of the pollution control agency for
achieving, maintaining, and monitoring compliance with the acid
deposition control standard adopted under sections 116.42 to
116.45, for reprinting informational booklets on acid rain, and
for costs for additional research on the impacts of acid
deposition on sensitive areas published under section 116.44,
subdivision 1. The assessment for the second quarter of each
fiscal year shall be adjusted to compensate for the amount by
which actual expenditures by the board and the pollution control
agency for the preceding fiscal year were more or less than the
estimated expenditures previously assessed.
Sec. 57. Minnesota Statutes 1988, section 326.37, is
amended to read:
326.37 [PLUMBERS; SUPERVISION BY STATE COMMISSIONER OF
HEALTH; RULES; VIOLATION; PENALTY.]
Subdivision 1. The state commissioner of health may, by
rule, prescribe minimum standards which shall be uniform, and
which standards shall thereafter be effective for all new
plumbing installations, including additions, extensions,
alterations, and replacements connected with any water or sewage
disposal system owned or operated by or for any municipality,
institution, factory, office building, hotel, apartment
building, or any other place of business regardless of location
or the population of the city or town in which located.
Violation of the rules shall be a misdemeanor.
The commissioner shall administer the provisions of
sections 326.37 to 326.45 and for such purposes may employ
plumbing inspectors and other assistants.
Subd. 2. [STANDARDS FOR CAPACITY.] By January 1, 1993, all
new floor-mounted water closets in areas under jurisdiction of
the state plumbing code may not have a flush volume of more than
1.6 gallons. The water closets must meet the standards of the
commissioner and the American National Standards Institute.
Sec. 58. Laws 1989, chapter 326, article 3, section 49, is
amended to read:
Sec. 49. [EFFECTIVE DATE.]
Section 9 is, subdivisions 1; 2; 3; 4, paragraphs (a), (d),
and (e); 5; 6; 7; 8; and 9 are effective July 1, 1989, but a
well notification is not required to be filed with the
commissioner for construction of a well until after December 31,
1989.
Section 9, subdivision 4, paragraphs (b) and (c), are
effective July 1, 1990.
Section 14 relating to disclosing wells to buyers and
transferees is effective July 1, 1990.
Section, Sections 31, 32, and 33 are effective July 1,
1990, and limited well contractor licenses and limited well
sealing licenses may not be issued until after that date.
Sections 24 and 33 relating to permits required for
elevator shafts and elevator shaft contractor licenses are
effective July 1, 1990.
Sec. 59. Laws 1989, chapter 326, article 6, section 33,
subdivision 2, is amended to read:
Subd. 2. [TASK FORCE.] (a) The task force must include
farmers, representatives from farm organizations, the fertilizer
industry, University of Minnesota, environmental groups,
representatives of local government involved with comprehensive
local water planning, and other state agencies, including the
pollution control agency, the department of health, the
department of natural resources, the state planning agency, and
the board of water and soil resources.
(b) The task force shall review existing research including
pertinent research from the University of Minnesota and shall
develop recommendations for a nitrogen fertilizer management
plan for the prevention, evaluation, and mitigation of nonpoint
source occurrences of nitrogen fertilizer in waters of the
state. The nitrogen fertilizer management plan must include
components promoting prevention and developing appropriate
responses to the detection of inorganic nitrogen from fertilizer
sources in ground or surface water.
(c) The task force shall report its recommendations to the
commissioner by May August 1, 1990. The commissioner shall
report to the environmental quality board by July October 1,
1990, on the task force's recommendations. The recommendations
of the task force shall be incorporated into an overall nitrogen
plan prepared by the pollution control agency and the department
of agriculture.
Sec. 60. Laws 1989, chapter 326, article 8, section 10, is
amended to read:
Sec. 10. [EFFECTIVE DATE.]
Sections Section 3, 4, and 5 are is effective July 1,
1990, and applies to pesticide sales on or after April 1, 1990,
and to sales other than pesticides, licenses issued,
applications received for licenses, and inspection fees imposed
on or after July 1, 1990.
Section 4 is effective July 1, 1989, and applies to costs
of a corrective action as defined by section 18D.01, subdivision
4, incurred by eligible persons after that date.
Section 5 is effective July 1, 1990.
Sec. 61. Laws 1989, chapter 335, article 1, section 23,
subdivision 4, is amended to read:
Subd. 4. Groundwater and Solid
Waste Pollution Control
$ 7,813,000 $ 8,313,000
Summary by Fund
General $ 2,553,000 $ 3,053,000
Environmental
Response $ 2,890,000 $ 2,890,000
Metro Landfill
Abatement $ 1,700,000 $ 1,700,000
Metro Landfill
Contingency $ 670,000 $ 670,000
Of the amount appropriated from the
environmental response fund, $55,000
the first year and $55,000 the second
year is appropriated to the
commissioner of agriculture for two
positions to administer agricultural
chemical superfund site activities.
The appropriation the first year does
not cancel and is available for the
second year.
All money in the environmental
response, compensation, and compliance
fund not otherwise appropriated, is
appropriated to the commissioner of
finance for transfer to the pollution
control agency for the purposes
described in the environmental response
and liability act, Minnesota Statutes,
section 115B.20, subdivision 2,
paragraphs (a), (b), (c), and (d) and
the commissioner of agriculture for
purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1),
(2), (3), (4), (11), (12), and (13).
This appropriation is available until
June 30, 1991.
All money in the metropolitan landfill
abatement fund not otherwise
appropriated is appropriated to the
pollution control agency for payment to
the metropolitan council and may be
used by the council for the purposes of
Minnesota Statutes, section 473.844.
The council may not spend the money
until the legislative commission on
waste management has made its
recommendations on the budget and work
program submitted by the council.
$1,000,000 the first year and
$1,500,000 the second year are
appropriated from the general fund for
transfer to the environmental response,
compensation, and compliance fund.
Any unencumbered balance from the
metropolitan landfill contingency fund
remaining in fiscal year 1990 does not
cancel but is available for fiscal year
1991.
Sec. 62. Laws 1990, chapter 391, article 7, section 2, is
amended by adding a subdivision to read:
Subd. 13a. [ONCE-THROUGH SYSTEM.] "Once-through system"
means a space heating, ventilating, air conditioning (HVAC), or
refrigeration system used for any type of temperature or
humidity control application, utilizing groundwater, that
circulates through the system and is then discharged without
recirculating the majority of the water in the system components
or reusing it for another purpose.
Sec. 63. Laws 1990, chapter 391, article 7, section 27, is
amended by adding a subdivision to read:
Subd. 4a. [MT. SIMON-HINCKLEY AQUIFER.] (a) The
commissioner may not issue new water use permits that will
appropriate water from the Mt. Simon-Hinckley aquifer unless the
appropriation is for potable water use, there are no feasible or
practical alternatives to this source, and a water conservation
plan is incorporated with the permit.
(b) The commissioner shall terminate all permits
authorizing appropriation and use of water from the Mt.
Simon-Hinckley aquifer for once-through systems in the
seven-county metropolitan area by December 31, 1992.
Sec. 64. Laws 1990, chapter 391, article 7, section 27,
subdivision 5, is amended to read:
Subd. 5. [CERTAIN COOLING SYSTEM PERMITS PROHIBITED
PROHIBITION ON ONCE-THROUGH WATER USE PERMITS.] (a) The
commissioner may not, after December 31, 1990, issue a water use
permit to increase the volume of appropriation from a
groundwater source for a once-through cooling system using in
excess of 5,000,000 gallons annually.
(b) For purposes of this subdivision, a once-through
cooling system means a cooling or heating system for human
comfort that draws a continuous stream of water from a
groundwater source to remove or add heat for cooling, heating,
or refrigeration Once-through system water use permits using in
excess of 5,000,000 gallons annually, must be terminated by the
commissioner by the end of their design life but not later than
December 31, 2010. Existing once-through systems are required
to convert to water efficient alternatives within the design
life of existing equipment. The commissioner shall, by August
1, 1990, submit to the legislative water commission for review
the approach by which the commissioner will achieve appropriate
conversion of the systems after considering the age of the
system, the condition of the system, recent investments in the
system, and feasibility and costs of alternatives available to
replace usage of a once-through system.
Sec. 65. Laws 1990, chapter 391, article 7, section 27,
subdivision 6, is amended to read:
Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
described in paragraph (b), a water use permit processing fee
not to exceed $2,000 must be prescribed by the commissioner in
accordance with the following schedule of fees for each water
use permit in force at any time during the year:
(1) 0.05 cents per 1,000 gallons for the first 50,000,000
gallons per year; and
(2) 0.1 cents per 1,000 gallons for amounts greater than
50,000,000 gallons per year.
(b) For once-through cooling systems as defined in
subdivision 5, a water use processing fee must be prescribed by
the commissioner in accordance with the following schedule of
fees for each water use permit in force at any time during the
year:
(1) 5.0 cents per 1,000 gallons until December 31, 1991;
(2) 10.0 cents for 1,000 gallons from January 1, 1992,
until December 31, 1996; and
(3) 15.0 cents per 1,000 gallons after January 1, 1997.
(c) The fee is payable based on the amount of
water permitted appropriated during the year and in no case may
the fee be less than $25. The commissioner shall notify all
permittees of the fee changes authorized by this law by July 1,
1990. The commissioner is authorized to refund 1989 water use
report processing fees under this subdivision.
(d) For once-through systems fees payable after July 1,
1993, at least 50 percent of the fee deposited in the general
fund shall be used for grants, loans, or other financial
assistance as appropriated by the legislature to assist in
financing retrofitting of permitted once-through systems until
December 31, 1999. The commissioner shall adopt rules for
determining eligibility and criteria for the issuance of grants,
loans, or other financial assistance for retrofitting according
to chapter 14, by July 1, 1993.
(d) (e) Failure to pay the fee is sufficient cause for
revoking a permit. A fee may not be imposed on any state
agency, as defined in section 16B.01, or a federal agency that
holds a water appropriation permit.
Sec. 66. Laws 1990, chapter 391, article 7, section 29,
subdivision 2, is amended to read:
Subd. 2. [MEASURING EQUIPMENT REQUIRED.] An installation
for appropriating or using water must be equipped with a device
or use a method flow meter to measure the quantity of water
appropriated with reasonable accuracy within the degree of
accuracy required by rule. The commissioner's determination of
the method commissioner can determine other methods to be used
for measuring water quantity must be based on the quantity of
water appropriated or used, the source of water, the method of
appropriating or using water, and any other facts supplied to
the commissioner.
Sec. 67. [BOND WAIVER.]
Until December 31, 1991, the commissioner may waive the
bond requirement for licensure under section 103I.525,
subdivision 5, or 103I.531, subdivision 5, if the commissioner
determines that a well contractor or limited well contractor has
made a good faith effort to obtain a bond from more than one
company, and the bond cannot be obtained because of insufficient
net worth or inadequate liquid assets as determined by the bond
company, and the well contractor or limited well contractor
complies with all other requirements for licensure under the
provisions of this chapter.
Sec. 68. [CONTINUANCE OF WATER COMMISSION.]
Notwithstanding any other law passed during the 1990
legislative session, the legislative commission on water is not
terminated and shall continue until June 30, 1994, and the
appropriation in Laws 1989, chapter 326, article 10, section 1,
subdivision 5, does not cancel and is appropriated from the
general fund to be available until June 30, 1991.
Sec. 69. [INSTRUCTION TO REVISOR.]
In the 1990 and subsequent editions of Minnesota Statutes
the revisor shall:
(1) change the terms "pollution control agency" and
"commissioner of the pollution control agency" to "agency" and
"commissioner" respectively in sections 115B.17 and 115B.18; and
(2) change the terms "commissioner" and "agency" to
"commissioner of the pollution control agency" and "pollution
control agency" respectively in section 115B.17, subdivision 13.
Sec. 70. [COMMISSION INVESTIGATION.]
The legislative water commission shall investigate the
needs and feasibility of allowing state bonding, grants, loans,
or other financial assistance for conversion of once-through
systems.
Sec. 71. [DELEGATION AGREEMENTS.]
Notwithstanding the provisions of Minnesota Statutes,
chapter 103I, a delegation agreement between the commissioner of
health and a board of health executed before July 1, 1989, shall
remain in full force and effect until December 31, 1991.
Sec. 72. [18D.1051] [RESPONSE TO AGRICULTURAL CHEMICAL
INCIDENTS.]
The commissioner of agriculture may take corrective action
under Minnesota Statutes, chapter 18D, or response and remedial
action under Minnesota Statutes, chapter 115B, or both, as
provided under those chapters, in responding to an agricultural
chemical incident, release, or threatened release.
Sec. 73. [REPEALER.]
Minnesota Statutes 1988, sections 115B.17, subdivision 8;
and 325E.045, subdivisions 3 and 4; Minnesota Statutes 1989
Supplement, sections 103I.005, subdivision 19; 103I.211;
103I.301, subdivision 5; 103I.321; 103I.325, subdivision 1; and
103I.533, are repealed.
Sec. 74. [APPROPRIATION; AGRICULTURE LEGAL COSTS.]
$75,000 is appropriated from the environmental account to
the commissioner of agriculture to pay for legal costs relating
to responses to agricultural incidents.
Sec. 75. [EFFECTIVE DATE.]
Sections 1 to 12 and 14 are effective July 1, 1990, except
the additional one-tenth of one percent under Minnesota
Statutes, section 18B.26, subdivision 3, paragraph (a), for each
pesticide for which a health advisory summary has been
published, is not effective until January 1, 1992, to be
collected for calendar year 1992 and years thereafter. Section
13 is effective July 1, 1991. Sections 15 to 55 and 59 to 71
and 73 are effective the day following final enactment. Section
58 is effective the day following final enactment, retroactive
to July 1, 1989.
Section 17 is effective the day following final enactment
except that dewatering wells may be constructed and operate down
to 45 feet without permits or permit fees required by Minnesota
Statutes, chapter 103I, until June 30, 1992.
Presented to the governor April 28, 1990
Signed by the governor May 3, 1990, 5:45 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes