Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 355-H.F.No. 783
An act relating to health; lowering the fee for
licensed lawn service applicators; authorizing a
surcharge on sanitizers and disinfectants; abolishing
surcharges on pesticides that are less than $10;
changing certain reimbursement figures and deadlines
of the agricultural chemical response compensation
board; continuing integrated pest management and
groundwater research; appropriating money; amending
Minnesota Statutes 1990, sections 18E.03, subdivisions
4 and 5; 18E.04, subdivisions 4 and 5; 18E.05,
subdivision 3; 103I.005, subdivisions 2, 22, and by
adding a subdivision; 103I.101, subdivisions 2, 4, 5,
and 6; 103I.105; 103I.111, subdivisions 2a, 2b, 3, and
by adding a subdivision; 103I.205, subdivisions 1, 3,
4, 7, 8, and 9; 103I.208, subdivision 2; 103I.231;
103I.235; 103I.301, subdivision 1, and by adding a
subdivision; 103I.311, subdivision 3; 103I.331,
subdivision 2; 103I.525, subdivisions 1, 4, 8, and 9;
103I.531, subdivisions 5, 8, and 9; 103I.535,
subdivisions 8 and 9; 103I.541, subdivisions 4 and 5;
103I.545, subdivision 2; 103I.621, subdivision 3;
103I.701, subdivisions 1 and 4; 103I.705, subdivisions
2, 3, 4, and 5; and 103I.711, subdivision 1; repealing
Minnesota Statutes 1990, section 103I.005, subdivision
18.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1990, 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 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 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 $25 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. 2. Minnesota Statutes 1990, section 18E.03,
subdivision 5, is amended to read:
Subd. 5. [FEE AFTER 1990.] (a) The response and
reimbursement fee for calendar years after 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 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 year, except the surcharge may not be
imposed on pesticides that are sanitizers or disinfectants as
determined by the commissioner. No surcharge is required if the
surcharge amount based upon percent of annual gross sales is
less than $10. 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. 3. Minnesota Statutes 1990, section 18E.04,
subdivision 4, is amended to read:
Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay
a person that is eligible for reimbursement or payment under
subdivisions 1, 2, and 3 from the agricultural chemical response
and reimbursement account for:
(1) 90 percent of the total reasonable and necessary
corrective action costs greater than $1,000 and less than or
equal to $100,000; and
(2) 100 percent of the total reasonable and necessary
corrective action costs equal to or greater than $100,000 but
less than or equal to $200,000.
(b) A reimbursement or payment may not be made until the
board has determined that the costs are reasonable and are for a
reimbursement of the costs that were actually incurred.
(c) The board may make periodic payments or reimbursements
as corrective action costs are incurred upon receipt of invoices
for the corrective action costs.
(d) Money in the agricultural chemical response and
reimbursement account is appropriated to the commissioner to
make payments and reimbursements directed by the board under
this subdivision.
Sec. 4. Minnesota Statutes 1990, section 18E.04,
subdivision 5, is amended to read:
Subd. 5. [REIMBURSEMENT OR PAYMENT DECISIONS.] (a) The
board may issue a letter of intent on whether a person is
eligible for payment or reimbursement. The letter is not
binding on the board.
(b) The board must issue an order granting or denying a
request within 30 days following the board meeting at which the
board votes to grant or deny a request for reimbursement or for
payment under subdivision 1, 2, or 3.
(c) After an initial request is made for reimbursement,
notwithstanding subdivisions 1 to 4, the board may deny
additional requests for reimbursement.
(d) If a request is denied, the eligible person may appeal
the decision as a contested case hearing under chapter 14.
Sec. 5. Minnesota Statutes 1990, section 18E.05,
subdivision 3, is amended to read:
Subd. 3. [PROCEDURES.] The board must issue an order
granting or denying a request within 30 days of receipt of a
completed application unless the applicant and the commissioner
agree to a longer time period. receive a completed application
at least 30 days before a board meeting in order for a request
for reimbursement or payment to be considered at that meeting,
unless the applicant and the commissioner agree to a longer time
period. The board may waive the 30-day requirement if it
determines that undue financial hardship to the applicant will
result if action is delayed until the next regular meeting. The
board must act upon a completed application request at the next
regular board meeting, unless additional information is required
from the applicant or the commissioner. If the board denies
reimbursement or payment, its decision may be appealed in a
contested case proceeding under chapter 14.
Sec. 6. Minnesota Statutes 1990, 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, vertical heat exchangers,
and elevator shafts.
Sec. 7. Minnesota Statutes 1990, section 103I.005,
subdivision 22, is amended to read:
Subd. 22. [WELL DISCLOSURE CERTIFICATE.] "Well disclosure
certificate" means a certificate containing the requirements of
section 103I.235, subdivision 1, paragraph (e).
Sec. 8. Minnesota Statutes 1990, section 103I.005, is
amended by adding a subdivision to read:
Subd. 23a. [WELL THAT IS IN USE.] A "well that is in use"
means a well that operates on a daily, regular, or seasonal
basis. A well in use includes a well that operates for the
purpose of irrigation, fire protection, or emergency pumping.
Sec. 9. Minnesota Statutes 1990, section 103I.101,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The commissioner shall:
(1) regulate the drilling, construction, modification,
repair, 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, 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. 10. Minnesota Statutes 1990, section 103I.101,
subdivision 4, is amended to read:
Subd. 4. [INSPECTIONS BY COMMISSIONER.] The commissioner
may inspect, collect water samples, and have access, at all
reasonable times, to a well or boring site, including wells or
borings drilled, sealed, or repaired.
Sec. 11. Minnesota Statutes 1990, 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
(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 and
borings 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 and
water resource mapping.; and
(12) establishment of minimum standards for design,
location, construction, maintenance, repair, sealing, safety,
and resource conservation related to borings, including
exploratory borings as defined in section 103I.005, subdivision
9.
Until the commissioner adopts rules under this chapter to
replace rules relating to wells and borings that were adopted
under chapter 156A, the rules adopted under chapter 156A shall
remain in effect.
Sec. 12. Minnesota Statutes 1990, section 103I.101,
subdivision 6, is amended to read:
Subd. 6. [FEES FOR VARIANCES.] The commissioner shall
charge a nonrefundable application fee of $100 to cover the
administrative cost of processing a request for a variance or
modification of rules under Minnesota Rules, chapter 4725, for
wells and borings adopted by the commissioner under this chapter.
Sec. 13. Minnesota Statutes 1990, section 103I.105, is
amended to read:
103I.105 [ADVISORY COUNCIL ON WELLS AND BORINGS.]
(a) The advisory council on wells and borings is
established as an advisory council to the commissioner. The
advisory council shall consist of 15 17 voting members. Of the
15 17 voting members:
(1) one member must be from the department of health,
appointed by the commissioner of health;
(2) one member must be from the department of natural
resources, appointed by the commissioner of natural resources;
(3) one member must be a member of the Minnesota geological
survey of the University of Minnesota, appointed by the
director;
(4) one member must be a licensed exploratory borer;
(5) one member must be a licensed elevator shaft
contractor;
(6) two members must be members of the public who are not
connected with the business of exploratory boring or the well
drilling industry;
(7) one member must be from the pollution control agency,
appointed by the commissioner of the pollution control agency;
(8) one member must be from the department of
transportation, appointed by the commissioner of transportation;
(9) one member from the board of water and soil resources
appointed by its chair;
(10) one member must be a monitoring well contractor; and
(9) (11) six members must be residents of this state
appointed by the commissioner, who are actively engaged in the
well drilling industry, with not more than two from the
seven-county metropolitan area and at least four from other
areas of the state who represent different geographical regions.
(b) An appointee of the well drilling industry may not
serve more than two consecutive terms.
(c) The appointees to the advisory council from the well
drilling industry must:
(1) have been residents of this state for at least three
years before appointment; and
(2) have at least five years' experience in the well
drilling business.
(d) The terms of the appointed members and the compensation
and removal of all members are governed by section 15.059,
except section 15.059, subdivision 5, relating to expiration of
the advisory council does not apply.
Sec. 14. Minnesota Statutes 1990, section 103I.111,
subdivision 2a, is amended to read:
Subd. 2a. [FEES.] A board of health under a delegation
agreement with the commissioner may charge permit and
notification fees, including a fee for well sealing, 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. 15. Minnesota Statutes 1990, section 103I.111,
subdivision 2b, is amended 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
be inconsistent 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
be inconsistent with or be less restrictive than ordinances
adopted by the county board. The commissioner shall review
ordinances proposed under a delegation agreement. The
commissioner shall approve ordinances if the commissioner
determines the ordinances are not inconsistent with and not less
restrictive than the provisions of this chapter.
Sec. 16. Minnesota Statutes 1990, section 103I.111, is
amended by adding a subdivision to read:
Subd. 2c. [PERMITS.] A board of health under a delegation
agreement with the commissioner may require permits in lieu of
the notifications required under sections 103I.205 and 103I.301.
Sec. 17. Minnesota Statutes 1990, section 103I.111,
subdivision 3, is amended to read:
Subd. 3. [PREEMPTION UNLESS DELEGATION.] Notwithstanding
any other law, a political subdivision may not regulate
the permitting, construction, repair, or sealing of wells or
elevator shafts unless the commissioner delegates authority
under subdivisions 1 and 2.
Sec. 18. Minnesota Statutes 1990, 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 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 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) 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. 19. Minnesota Statutes 1990, section 103I.205,
subdivision 3, is amended to read:
Subd. 3. [MAINTENANCE PERMIT.] (a) Except as provided
under paragraph (b), a well that is not in use and is inoperable
must be sealed or have a maintenance permit.
(b) If a monitoring well or a dewatering well is not sealed
by 14 months after completion of construction, the owner of the
property on which the well is located must obtain and annually
renew a maintenance permit from the commissioner.
Sec. 20. Minnesota Statutes 1990, section 103I.205,
subdivision 4, is amended to read:
Subd. 4. [LICENSE REQUIRED.] (a) Except as provided in
paragraph (b), (c), or (d), or (e), a person may not drill,
construct, or repair, or seal a well unless the person has a
well contractor's license in possession.
(b) A person may construct a monitoring well if the person:
(1) is a professional engineer registered under sections
326.02 to 326.15 in the branches of civil or geological
engineering, or hydrologists;
(2) is a hydrologist or hydrogeologists hydrogeologist
certified by the American Institute of Hydrology, any;
(3) is a professional engineer registered with the board of
architecture, engineering, land surveying, or landscape
architecture, or;
(4) is a geologist certified by the American Institute of
Professional Geologists, and registers; or
(5) meets the qualifications established by the
commissioner in rule.
A person must register 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) installing or repairing well screens or pitless units
or pitless adaptors and well casings from the pitless adaptor or
pitless unit to the upper termination of the well casing;
(2) constructing, repairing, and sealing drive point wells
or dug wells;
(3) installing well pumps or pumping equipment;
(4) sealing wells; or
(5) constructing, repairing, or sealing dewatering wells.
(d) Notwithstanding other provisions of this chapter
requiring a license or registration, a license or registration
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 licensed or registered under the provisions of this
chapter in connection with the construction, sealing, or repair
of a well or sealing a well boring at the direction and at under
the personal supervision of a well contractor licensed or
registered under the provisions of this chapter.
Sec. 21. Minnesota Statutes 1990, section 103I.205,
subdivision 7, is amended to read:
Subd. 7. [WELL IDENTIFICATION LABEL REQUIRED.] After a
well has been constructed, the person constructing the well must
attach a label to the well showing the unique well number, the
depth of the well, the name of the person who constructed the
well, and the date the well was constructed.
Sec. 22. Minnesota Statutes 1990, section 103I.205,
subdivision 8, is amended to read:
Subd. 8. [MONITORING WELLS ON PROPERTY OF ANOTHER.] A
person may not construct or have constructed a monitoring well
for the person's own use on the property of another until the
owner of the property on which the well is to be located and the
intended well owner user sign a written agreement that
identifies which party will be responsible for
obtaining maintenance all permits or filing notification, paying
applicable fees and for sealing the monitoring well. If the
property owner refuses to sign the agreement, the intended well
owner user may, in lieu of a written agreement, state in writing
to the commissioner that the well owner user will be responsible
for obtaining maintenance permits, filing notification, paying
applicable fees, 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. 23. Minnesota Statutes 1990, section 103I.205,
subdivision 9, is amended to read:
Subd. 9. [REPORT OF WORK.] (a) Within 30 days after
completion or sealing of a well or boring, the person doing the
work must submit a verified report to the commissioner on forms
provided by the commissioner containing the information
specified by rules adopted under this chapter.
(b) The report must contain:
(1) the name and address of the owner of the well and the
actual location of the well;
(2) a log of the materials and water encountered in
connection with drilling the well, and pumping tests relating to
the well; and
(3) other information the commissioner may require
concerning the drilling or sealing of the well.
(c) Within 30 days after receiving the report, the
commissioner shall send a copy of the report to the commissioner
of natural resources, to the local soil and water conservation
district where the well is located, and to the director of the
Minnesota geological survey.
Sec. 24. Minnesota Statutes 1990, 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 not in use under a maintenance permit, $50
annually;
(2) for construction of a monitoring well, $50;
(3) annually for a monitoring well that is unsealed under a
maintenance permit, $50 annually;
(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;
(5) for a groundwater thermal exchange device, in addition
to the notification fee for wells, $50;
(6) for a vertical heat exchanger, in addition to the
permit fee for wells, $50;
(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
(8) annually for a dewatering well that is unsealed under a
maintenance permit, $25 annually for each well, except a
dewatering project comprising more than ten wells shall be
issued a single permit for $250 annually for wells recorded on
the permit for $250.
Sec. 25. Minnesota Statutes 1990, section 103I.231, is
amended to read:
103I.231 [COMMISSIONER MAY ORDER REPAIRS.]
(a) The commissioner may order the a property owner of a
well to take remedial measures, including making repairs,
reconstructing, or sealing the a well or boring according to
rules of the commissioner provisions of this chapter. The order
may be issued if the commissioner determines, based on
inspection of the water or the well or boring site or an
analysis of water from the well or boring, that the well or
boring:
(1) is contaminated or may contribute to the spread of
contamination;
(2) is required to be sealed under this chapter and has not
been sealed according to the rules of the commissioner
provisions of this chapter;
(3) is in a state of disrepair so that its continued
existence endangers the quality of the groundwater;
(4) is a health or safety hazard; or
(5) is located in a place or constructed in a manner that
its continued use or existence endangers the quality of the
groundwater.
(b) The order of the commissioner may be enforced in an
action to seek compliance brought by the commissioner in the
district court of the county where the well is located.
Sec. 26. Minnesota Statutes 1990, 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 location of all known wells on the property, 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
county, and a map drawn from available information showing the
location of 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, name and mailing address of the buyer,
and the quartile, section, township, and range in which each
well is located must be provided on a well disclosure
certificate signed by the seller or a person authorized to act
on behalf of the seller.
(c) 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."
(d) If a deed is given pursuant to a contract for deed, the
well disclosure certificate required by this subdivision shall
be signed by the buyer or a person authorized to act on behalf
of the buyer. If the buyer knows of no wells on the property, a
well disclosure certificate is not required if the following
statement appears on the deed followed by the signature of the
grantee or, if there is more than one grantee, the signature of
at least one of the grantees: "The Grantee certifies that the
Grantee does not know of any wells on the described real
property." The statement and signature of the grantee may be on
the front or back of the deed or on an attached sheet and an
acknowledgment of the statement by the grantee is not required
for the deed to be recordable.
(e) This subdivision does not apply to the sale, exchange,
or transfer of real property:
(1) that consists solely of a sale or transfer of severed
mineral interests; or
(2) that consists of an individual condominium unit as
described in chapters 515 and 515A.
(f) For an area owned in common under chapter 515 or 515A
the association or other responsible person must report to the
commissioner by July 1, 1992, the location and status of all
wells in the common area. The association or other responsible
person must notify the commissioner within 30 days of any change
in the reported status of wells.
(g) For real property sold by the state under section
92.67, the lessee at the time of the sale is responsible for
compliance with this subdivision.
(c) (h) If the seller fails to provide a required well
disclosure certificate, the buyer, or a person authorized to act
on behalf of the buyer, may sign a well disclosure certificate
based on the information provided on the disclosure statement
required by this section or based on other available information.
(d) (i) A county recorder or registrar of titles may not
record a deed or other instrument of conveyance dated after
October 31, 1990, for which a certificate of value is required
under section 272.115, or any deed or 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," made in accordance with
paragraph (c) or (d) of this subdivision or is accompanied by
the well disclosure certificate containing all the information
required by paragraph (b) or (d) of this subdivision. The
county recorder or registrar of titles shall note on each deed
or other must not accept a certificate unless it contains all
the required information. The county recorder or registrar of
titles shall note on each deed or other instrument of conveyance
accompanied by a well disclosure certificate that the well
disclosure certificate was received. The notation must include
the statement "No wells on property" if the disclosure
certificate states there are no wells on the property. The well
disclosure certificate shall not be filed or recorded in the
records maintained by the county recorder or registrar of
titles. After noting "No wells on property" on the deed or
other instrument of conveyance, the county recorder or registrar
of titles shall destroy or return to the buyer the well
disclosure certificate. The county recorder or registrar of
titles shall collect from the buyer or the person seeking to
record a deed, a fee of $10 for receipt of a completed well
disclosure certificate for filing. By the tenth day of each
month, the county recorder or registrar of titles shall transmit
the well disclosure certificate certificates to the commissioner
of health within 15 days after receiving the well certificate.
By the tenth day after the end of each calendar quarter, the
county recorder or registrar of titles shall transmit to the
commissioner of health $7.50 of the fee for each well disclosure
certificate received during the quarter. The commissioner shall
maintain the well disclosure certificate for at least six
years. The commissioner may store the certificate as an
electronic image. A copy of that image shall be as valid as the
original.
(j) No new well disclosure certificate is required on
property unless the status or numbers of wells on the property
has changed from the last previously filed well disclosure
certificate.
(e) (k) The commissioner in consultation with county
recorders shall prescribe the form for a well disclosure
certificate and provide well disclosure certificate forms to
county recorders and registrars of titles and other interested
persons.
(f) (l) 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 or known status of a well at the time of sale and knew
or had reason to know of the existence or known status of the
well, is liable to the buyer for costs relating to sealing of
the well and reasonable attorney fees for collection of costs
from the seller, if the action is commenced within six years
after the date the buyer closed the purchase of the real
property where the well is located.
Sec. 27. Minnesota Statutes 1990, section 103I.301,
subdivision 1, is amended to read:
Subdivision 1. [WELLS.] (a) A well property owner must
have a well sealed if:
(1) the well is contaminated;
(2) the well was attempted to be sealed but was not sealed
according to the provisions of this chapter; or
(3) the well is located, constructed, or maintained in a
manner that its continued use or existence endangers groundwater
quality or is a safety or health hazard.
(b) A well that is inoperable not in use must be sealed
unless the well property owner has a maintenance permit for the
well.
(c) The well property owner must have a well contractor or
limited well sealing contractor seal a well consistent with
provisions of this chapter.
Sec. 28. Minnesota Statutes 1990, section 103I.301, is
amended by adding a subdivision to read:
Subd. 6. [NOTIFICATION REQUIRED.] A person may not seal a
well until a notification of the proposed sealing is filed as
prescribed by the commissioner.
Sec. 29. Minnesota Statutes 1990, 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 a fee interest in real property without
identifying the location of all wells on the property, whether
in use, not in use, or sealed, and making provisions to have the
wells not in use properly sealed at the cost of the seller as
part of the contract. For real property sold by the state under
section 92.67, the lessee at the time of the sale is responsible
for compliance under this subdivision. 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. 30. Minnesota Statutes 1990, section 103I.331,
subdivision 2, is amended to read:
Subd. 2. [CRITERIA FOR SELECTING COUNTIES FOR WELL
SEALING.] (a) The board of water and soil resources, in
selecting counties for participation, shall consult with the
commissioners of natural resources, the pollution control
agency, and health, and the director of the Minnesota geological
survey, and must consider appropriate criteria including the
following:
(1) diversity of well construction;
(2) diversity of geologic conditions;
(3) current use of affected aquifers;
(4) diversity of land use; and
(5) aquifer susceptibility to contamination by unsealed
wells.
(b) After July 1, 1991, only well sealings that are a part
of, or responsive to, the following are eligible for assistance:
(1) the priority actions identified in an approved
comprehensive local water plan, as defined in section 103B.3363,
subdivision 3, are eligible for assistance; or
(2) a plan that is undergoing local review and comment as
described in section 103B.255, subdivision 8.
Sec. 31. Minnesota Statutes 1990, 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, sole proprietorship, 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 provisions of this chapter and Minnesota Rules, chapter
4725.
Sec. 32. Minnesota Statutes 1990, section 103I.525,
subdivision 4, is amended to read:
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant meets the
experience requirements established by rule, 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 well contractor's license.
Sec. 33. Minnesota Statutes 1990, section 103I.525,
subdivision 8, is amended to read:
Subd. 8. [RENEWAL.] (a) A licensee must file an
application and a renewal application fee to renew the license
by the date stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
(d) At the time of the renewal, the commissioner must have
on file all properly completed well reports, well sealing
reports, reports of excavations to construct elevator shafts,
well permits, and well notifications for work conducted by the
licensee since the last license renewal.
Sec. 34. Minnesota Statutes 1990, section 103I.525,
subdivision 9, is amended to read:
Subd. 9. [INCOMPLETE OR LATE RENEWAL APPLICATION.] If a
licensee submits a fails to submit all information required for
renewal in subdivision 8 or submits the application and
information after the required renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.128; and
(2) the licensee may not conduct activities authorized by
the well contractor's license until the renewal application,
renewal application fee, and late fee, and all other information
required in subdivision 8 are submitted.
Sec. 35. Minnesota Statutes 1990, section 103I.531,
subdivision 5, is amended to read:
Subd. 5. [BOND.] (a) As a condition of being issued a
limited well contractor's license for constructing, repairing,
and sealing drive point wells or dug wells, sealing wells, or
constructing, repairing, and sealing dewatering wells, the
applicant must submit a corporate surety bond for $10,000
approved by the commissioner. As a condition of being issued a
limited well contractor's license for installing or repairing
well screens or pitless units or pitless adaptors and well
casings from the pitless adaptor or pitless unit to the upper
termination of the well casing, or installing well pumps or
pumping equipment, the applicant must submit a corporate surety
bond for $2,000 approved by the commissioner. The bond bonds
required in this paragraph must be conditioned to pay the state
on unlawful performance of work regulated by this chapter in
this state. The bond is bonds are in lieu of other license
bonds required by a political subdivision of the state.
(b) From proceeds of the bond a bond required in paragraph
(a), the commissioner may compensate persons injured or
suffering financial loss because of a failure of the applicant
to properly perform work or duties.
Sec. 36. Minnesota Statutes 1990, section 103I.531,
subdivision 8, is amended to read:
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the limited well
contractor's license by the date stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
(d) At the time of the renewal, the commissioner must have
on file all properly completed well sealing reports, well
permits, and well notifications for work conducted by the
licensee since the last license renewal.
Sec. 37. Minnesota Statutes 1990, section 103I.531,
subdivision 9, is amended to read:
Subd. 9. [INCOMPLETE OR LATE RENEWAL APPLICATION.] If a
licensee submits a fails to submit all information required for
renewal in subdivision 8 or submits the application and
information after the required renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.128; and
(2) the licensee may not conduct activities authorized by
the limited well contractor's license until the renewal
application, renewal application fee, and late fee, and all
other information required in subdivision 8 are submitted.
Sec. 38. Minnesota Statutes 1990, section 103I.535,
subdivision 8, is amended to read:
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the license by the date
stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
(d) At the time of renewal, the commissioner must have on
file all reports and permits for elevator shaft work conducted
by the licensee since the last license renewal.
Sec. 39. Minnesota Statutes 1990, section 103I.535,
subdivision 9, is amended to read:
Subd. 9. [INCOMPLETE OR LATE RENEWAL APPLICATION.] If a
licensee submits a fails to submit all information required for
renewal in subdivision 8 or submits the application and
information after the required renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.128; and
(2) the licensee may not conduct activities authorized by
the elevator shaft contractor's license until the renewal
application, renewal application fee, and late fee, and all
other information required in subdivision 8 are submitted.
Sec. 40. Minnesota Statutes 1990, section 103I.541,
subdivision 4, is amended to read:
Subd. 4. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the registration by the
date stated in the registration.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
(d) At the time of the renewal, the commissioner must have
on file all well reports, well sealing reports, well permits,
and notifications for work conducted by the registered person
since the last registration renewal.
Sec. 41. Minnesota Statutes 1990, section 103I.541,
subdivision 5, is amended to read:
Subd. 5. [INCOMPLETE OR LATE RENEWAL APPLICATION.] If a
registered person submits a renewal application after the
required renewal date:
(1) the registered person must include an additional late
fee set by the commissioner under section 16A.128; and
(2) the registered person may not conduct activities
authorized by the monitoring well contractor's registration
until the renewal application, renewal application fee, and late
fee, and all other information required in subdivision 4 are
submitted.
Sec. 42. Minnesota Statutes 1990, section 103I.545,
subdivision 2, is amended to read:
Subd. 2. [PUMP HOIST.] (a) A person may not use a machine
such as a pump hoist for an activity requiring a license or
registration under this chapter to repair wells or borings, seal
wells or borings, or install pumps unless the machine is
registered with the commissioner.
(b) A person must apply for the registration on forms
prescribed by the commissioner and submit a $50 registration fee.
(c) A registration is valid for one year.
Sec. 43. Minnesota Statutes 1990, section 103I.621,
subdivision 3, is amended to read:
Subd. 3. [CONSTRUCTION REQUIREMENTS.] (a) Withdrawal and
reinjection for the groundwater thermal exchange device must be
accomplished by a closed system in which the waters drawn for
thermal exchange do not have contact or commingle with water
from other sources or with polluting material or substances.
The closed system must be constructed to allow an opening for
inspection by the commissioner.
(b) Wells that are part of a groundwater thermal exchange
system may not serve another function, except water may be
supplied to the domestic water system if:
(1) the supply is taken from the thermal exchange system
ahead of the heat exchange unit; and
(2) the water discharges to a break tank through an air gap
that is at least twice the effective diameter of the water inlet
to the tank domestic water system is protected by an airgap or
backflow prevention device as described in rules relating to
plumbing enforced by the commissioner.
(c) A groundwater thermal exchange system may be used for
domestic water heating only if the water heating device is an
integral part of the heat exchange unit that is used for space
heating and cooling.
Sec. 44. Minnesota Statutes 1990, section 103I.701,
subdivision 1, is amended to read:
Subdivision 1. [DENIAL OF LICENSE OR, REGISTRATION, OR
RENEWAL.] (a) The commissioner may deny an application for
renewal of a license or registration if the applicant has
violated a provision of this chapter.
(b) The commissioner may refuse renewal for failure to
submit a well report, or well sealing report, or failure to
report an excavation to construct an elevator shaft, or failure
to obtain a well permit before construction is a violation of
this chapter and the commissioner may refuse renewal, failure to
file a notification, or failure to obtain continuing education
credit.
Sec. 45. Minnesota Statutes 1990, section 103I.701,
subdivision 4, is amended to read:
Subd. 4. [CORRECTIVE ORDERS.] (a) The commissioner may
issue corrective orders for persons to comply with the
provisions of this chapter. The corrective order must state the
deficiencies that constitute the violation, the specific statute
or rule violated, and the time period in which the deficiencies
must be corrected.
(b) If the person believes that the information contained
in the order is in error, the person may ask the commissioner to
reconsider those parts of the order that the person alleges to
be in error. The person shall submit the request in writing to
the commissioner within seven days after receipt of the order.
The request must specify which parts of the order are alleged to
be in error and provide documentation to support the allegation
of the error. The commissioner shall respond to requests within
15 calendar days after receipt of the request.
(c) A request for reconsideration does not stay the
corrective order; however, after reviewing the request for
reconsideration, the commissioner may provide additional time to
comply with the order. The commissioner's disposition of a
request for reconsideration is final.
(d) If a deficiency specified in a corrective order has not
been corrected within the specified time period, the
commissioner shall issue a notice of noncompliance which
identifies each uncorrected deficiency and assesses the
administrative penalty for the deficiency authorized in section
103I.705.
Sec. 46. Minnesota Statutes 1990, section 103I.705,
subdivision 2, is amended to read:
Subd. 2. [SEALING WELLS, BORINGS, AND ELEVATOR SHAFTS.] A
well contractor or limited well sealing contractor who seals a
well, elevator shaft or boring, a monitoring well contractor who
seals a monitoring well or environmental borehole, 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 rules adopted
under this chapter, shall be assessed an administrative penalty
of $500.
Sec. 47. Minnesota Statutes 1990, section 103I.705,
subdivision 3, is amended to read:
Subd. 3. [CONTAMINATION RELATING TO WELL OR BORING
CONSTRUCTION AND LOCATION.] A well contractor, limited well
contractor, elevator shaft contractor, or monitoring well
contractor working under a corrective order of the commissioner
who fails to comply with the rules adopted under this chapter
relating to location of wells in relation to potential sources
of contamination or borings, grouting, materials, or
construction techniques shall be assessed an administrative
penalty of $500.
Sec. 48. Minnesota Statutes 1990, section 103I.705,
subdivision 4, is amended to read:
Subd. 4. [WELL CONSTRUCTION AND MACHINERY.] A well
contractor, limited well contractor, elevator shaft contractor,
or monitoring well contractor working under a corrective order
shall be assessed an administrative penalty of $250 if the
contractor fails as required in the order:
(1) to have a plan review approved before a well is
constructed; construct a well without if a plan review is
required;
(2) to have a permit or to file notification before a well
is constructed;
(3) to register a drilling rig machine or pump rig hoist or
to display the state decal and the registration number on the
machine; or
(4) to comply with the rules in the water well construction
code adopted under the provisions of this chapter relating to
disinfection of wells and submission of well construction or
well sealing logs and water samples.
Sec. 49. Minnesota Statutes 1990, section 103I.705,
subdivision 5, is amended to read:
Subd. 5. [FALSE INFORMATION.] A person under a corrective
order shall be assessed an administration penalty of $250 if the
person:
(1) fails to disclose or falsifies information about the
status and location of wells on property before signing an
agreement of sale or transfer of the property; or
(2) fails to disclose or falsifies information on a
well disclosure certificate.
Sec. 50. Minnesota Statutes 1990, section 103I.711,
subdivision 1, is amended to read:
Subdivision 1. [IMPOUNDMENT.] If The commissioner issues
an order finding may apply to district court for a warrant
authorizing seizure and impoundment of all drilling machines or
hoists owned or used by a person. The court shall issue an
impoundment order upon the commissioner's showing that a person
is constructing, repairing, or sealing wells or borings or
installing pumps or pumping equipment or excavating holes for
installing elevator shafts or hydraulic cylinders without a
license or registration as required under this chapter,. A
sheriff on receipt of the order warrant must seize and impound
equipment of all drilling machines and hoists owned or used by
the person. A person from whom equipment is seized under this
subdivision may file an action in district court for the purpose
of establishing that the equipment was wrongfully seized.
Sec. 51. [WATER WELL COMPLIANCE IN CERTAIN CASES.]
(a) When substantial alterations or improvements are made
to an existing agricultural chemical facility in Steele county,
a variance for a water well may not be denied if:
(1) the well existed and was in use by the operators of the
agricultural chemical facility prior to the alterations or
improvements;
(2) the well is a minimum of 50 feet from facilities where
agricultural chemicals are stored or handled; and
(3) the alterations or improvements are installed with
safeguards as defined in Minnesota Statutes, section 18B.01,
subdivision 26.
(b) Water from the existing well shall be tested
semiannually for nitrates, pesticides, and other volatile
organic compounds. The testing must be paid for by the owner of
the well.
Sec. 52. [DEPARTMENT COMPLEMENT.]
The complement of the department of health is increased by
one full-time equivalent.
Sec. 53. [APPROPRIATION.]
$400,000 is appropriated from the general fund to the
regents of the University of Minnesota to continue the
integrated pest management and research by agricultural
experiment stations on the impact of agriculture on groundwater
funded by Laws 1989, chapter 326, article 10, section 1,
subdivision 9. $200,000 is for fiscal year 1992 and $200,000 is
for fiscal year 1993. This appropriation is available only if
matched by the University of Minnesota in an amount determined
by the commissioner of finance to be adequate to maintain these
activities at the fiscal year 1991 level. * (This section was
vetoed by the governor.)
Sec. 54. [REPEALER.]
Minnesota Statutes 1990, section 103I.005, subdivision 18,
is repealed.
Sec. 55. [EFFECTIVE DATE.]
Section 26, subdivision 1, paragraph (j), takes effect
January 1, 1993. Section 51 is effective the day following
final enactment and shall expire on June 1, 1994.
Presented to the governor June 3, 1991
Signed by the governor June 4, 1991, 9:52 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes