Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 544-H.F.No. 2717 
           An act relating to water; requiring maintenance of a 
          statewide nitrate data base; establishing a nitrate 
          data advisory task force; modifying requirements 
          relating to well disclosure certificates and sealing 
          of wells; establishing a well sealing account; 
          requiring a report on environmental consulting 
          services; grant a waiver for water well requirements 
          to dairy farmers; allowing an extension for well 
          construction compliance; appropriating money; amending 
          Minnesota Statutes 1990, sections 32.394, by adding 
          subdivisions; 103I.115; 103I.301, subdivision 4; 
          103I.315; and 103I.341, subdivisions 1 and 5; 
          Minnesota Statutes 1991 Supplement, sections 16B.92, 
          by adding a subdivision; 103I.235; and 103I.301, 
          subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapters 103A and 103I. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
16B.92, is amended by adding a subdivision to read: 
    Subd. 1a.  [STATEWIDE NITRATE DATA BASE.] The commissioner, 
through the center, shall maintain a statewide nitrate data base 
containing the data described in section 4. 
    Sec. 2.  Minnesota Statutes 1990, section 32.394, is 
amended by adding a subdivision to read: 
    Subd. 11.  [WAIVER OF RULES; WATER WELL DISTANCE 
REQUIREMENT.] A dairy farmer who wishes to be permitted to 
produce grade A milk may not be denied the grade A permit solely 
because of provisions in rules adopted by the commissioner of 
health requiring a minimum distance between a water well and a 
dairy barn.  To be eligible for a grade A permit, the following 
conditions must be met: 
    (1) the water well must have been in place prior to January 
1, 1974; 
    (2) the water well must comply with all rules of the 
commissioner of health other than the minimum distance 
requirement; and 
    (3) water from the well must be tested at least once every 
six months in compliance with guidelines established by the 
commissioner of agriculture. 
    Sec. 3.  Minnesota Statutes 1990, section 32.394, is 
amended by adding a subdivision to read:  
    Subd. 12.  [WATER TESTING GUIDELINES.] The commissioner of 
agriculture, in consultation with the commissioner of health, 
shall establish guidelines for the testing required under 
section 2, clause (3).  The guidelines are not subject to 
chapter 14. 
    Sec. 4.  [103A.403] [STATEWIDE NITRATE DATA.] 
    The environmental quality board shall ensure that all 
available data regarding the presence of nitrates in groundwater 
in the state that meet state standards recommended under section 
13 are integrated into the Minnesota land management information 
center's statewide nitrate data base according to published data 
compatibility guidelines.  Costs of integrating the data in 
accordance with data compatibility standards must be borne by 
the agency generating the data or, if the data are not generated 
by an entity that receives or received state appropriations for 
monitoring or information management, by the environmental 
quality board. 
     Sec. 5.  Minnesota Statutes 1990, section 103I.115, is 
amended to read: 
    103I.115 [COMPLIANCE WITH THIS CHAPTER REQUIRED.] 
    (a) Except as provided in paragraph (b), a person may not 
construct, repair, or seal a well or boring, except as provided 
under the provisions of this chapter. 
    (b) Until June 30, 1994, this chapter does not apply to 
dewatering wells 45 feet or less in depth. 
     Sec. 6.  Minnesota Statutes 1991 Supplement, section 
103I.235, subdivision 1, is amended to read: 
    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 disclosure certificate need not be provided if 
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. 
     (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.
     (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 contains the statement made in accordance with 
paragraph (c) or (d) or is accompanied by the well disclosure 
certificate containing all the information required by paragraph 
(b) or (d).  The county recorder or registrar of titles 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 or other 
instrument of conveyance, 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 certificates to the 
commissioner of health.  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 under this subdivision if the buyer or seller, 
or a person authorized to act on behalf of the buyer or seller, 
certifies on the deed or other instrument of conveyance that the 
status or numbers and number of wells on the property has have 
not changed from since the last previously filed well disclosure 
certificate.  The following statement, if followed by the 
signature of the person making the statement, is sufficient to 
comply with the certification requirement of this paragraph:  "I 
am familiar with the property described in this instrument and I 
certify that the status and number of wells on the described 
real property have not changed since the last previously filed 
well disclosure certificate."  The certification and signature 
may be on the front or back of the deed or on an attached sheet 
and an acknowledgment of the statement is not required for the 
deed or other instrument of conveyance to be recordable. 
    (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. 
    (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. 
    Sec. 7.  Minnesota Statutes 1991 Supplement, section 
103I.301, subdivision 1, is amended to read: 
    Subdivision 1.  [WELLS AND BORINGS.] (a) A property owner 
must have a well or boring sealed if:  
    (1) the well or boring is contaminated or may contribute to 
the spread of contamination; 
    (2) the well or boring was attempted to be sealed but was 
not sealed according to the provisions of this chapter; or 
    (3) the well or boring 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 not in use must be sealed unless the 
property owner has a maintenance permit for the well.  
    (c) The property owner must have a well contractor or 
limited well sealing contractor seal a well or boring sealed by 
a registered or licensed person authorized to seal the well or 
boring, consistent with provisions of this chapter. 
    Sec. 8.  Minnesota Statutes 1990, section 103I.301, 
subdivision 4, is amended to read: 
    Subd. 4.  [SEALING PROCEDURES.] Wells, monitoring wells, 
and dewatering wells and borings must be sealed according to 
rules adopted by the commissioner.  
    Sec. 9.  Minnesota Statutes 1990, section 103I.315, is 
amended to read: 
    103I.315 [ORDERS TO SEAL WELLS AND BORINGS.] 
    Subdivision 1.  [ORDER TO SEAL WELL OR BORING.] The 
commissioner may order a property owner to seal a well or boring 
if:  
    (1) the commissioner determines that without being sealed 
the well or boring is an imminent threat to public health or 
public safety; 
    (2) the well or boring is required to be sealed under 
section 103I.301; or 
    (3) a well is a monitoring well or dewatering well and by 
14 months after construction of the well, the owner has not 
obtained a maintenance permit, or after a maintenance permit has 
been issued the owner has not renewed a maintenance permit.  
    Subd. 2.  [FAILURE OF OWNER TO SEAL WELL OR BORING.] If the 
property owner fails to seal a well or boring in the time 
provided in the commissioner's order, or if the commissioner is 
unable to identify or locate the property owner, the 
commissioner may enter the property and have the well or boring 
sealed.  The property owner is liable for and must pay the costs 
of sealing the well or boring.  
    Sec. 10.  Minnesota Statutes 1990, section 103I.341, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LIEN FOR SEALING COSTS.] The commissioner 
and the board of water and soil resources have a governmental 
services lien under section 514.67 for the costs of sealing a 
well or boring that the commissioner or board has contracted to 
be sealed under section 103I.315, subdivision 2; 103I.331; or 
103I.335.  The lien attaches to the real property where the well 
or boring is located.  The lien is perfected by filing the lien 
with the county recorder or registrar of titles where the well 
or boring and the property are located and serving or mailing by 
return receipt a copy of the lien to the property owner. 
    Sec. 11.  Minnesota Statutes 1990, section 103I.341, 
subdivision 5, is amended to read: 
    Subd. 5.  [APPROPRIATION OF RECOVERED COSTS.] Costs of 
sealing wells recovered from property owners shall by the board 
of water and soil resources must be deposited in the state 
treasury and credited to the account from which the amounts were 
originally appropriated.  The amounts recovered by the board of 
water and soil resources are continuously appropriated to the 
board for sealing wells.  
    Sec. 12.  [103I.345] [WELL SEALING ACCOUNT.] 
    Subdivision 1.  [REVENUE SOURCES.] Revenue from the 
following sources must be deposited in the state treasury and 
credited to a special account: 
    (1) all money recovered by the commissioner under section 
103I.341; 
    (2) all money paid under section 103I.705 or under any 
agreement, stipulation, or settlement resolving an enforcement 
action brought by the commissioner; 
    (3) all interest attributable to investment of money 
credited to the account; and 
    (4) all money received in the form of gifts, grants, 
reimbursements, or appropriations from any source intended to be 
used for the purposes of the account. 
    Subd. 2.  [EXPENDITURES.] (a) Subject to appropriation by 
law, money in the account established under subdivision 1 may be 
used by the commissioner for sealing wells and borings. 
    (b) In spending money under this subdivision, the 
commissioner shall give priority to the sealing by July 1, 1997, 
of all multi-aquifer wells and borings entering the Mt. 
Simon-Hinckley aquifer that the commissioner has authority to 
seal under section 103I.315, subdivision 2. 
    Sec. 13.  [NITRATE DATA ADVISORY TASK FORCE.] 
    Subdivision 1.  [MEMBERSHIP; ADMINISTRATION.] (a) The 
nitrate data advisory task force consists of the following 
members: 
    (1) a representative appointed by the commissioner of the 
pollution control agency; 
    (2) a representative appointed by the commissioner of 
natural resources; 
    (3) a representative appointed by the commissioner of 
agriculture; 
    (4) a representative appointed by the commissioner of 
health; 
    (5) a representative appointed by the director of the 
Minnesota geological survey; 
    (6) a representative appointed by the president of the 
University of Minnesota; 
    (7) a representative of the land management information 
center; and 
    (8) a representative of the board of water and soil 
resources. 
    (b) The members of the task force must have technical 
knowledge and experience in water quality issues. 
    (c) The task force terminates on June 30, 1993.  
    Subd. 2.  [DUTIES.] The task force shall recommend and the 
environmental quality board shall adopt standards, including 
analytical standards and well information standards, for 
selecting nitrate data to be integrated into the Minnesota land 
management information system under section 4. 
    Sec. 14.  [REPORT ON ENVIRONMENTAL CONSULTING SERVICES.] 
    (a) The commissioners of commerce and agriculture, in 
consultation with the commissioners of the pollution control 
agency and finance, the attorney general, and appropriate 
professional organizations, shall prepare a report on 
environmental consulting services for which reimbursement has 
been paid under Minnesota Statutes, sections 18E.04 and 
115C.09.  The report must include: 
    (1) a description of the services provided and the 
qualifications of the persons providing the services; 
    (2) an evaluation of the reasonableness of the fees charged 
for the services; and 
    (3) recommendations on ways to ensure that environmental 
consulting services for which reimbursement is paid by the state 
are cost-effective and of a minimum acceptable level of quality. 
    (b) The report must be submitted to the legislative water 
commission by February 1, 1993. 
    Sec. 15.  [APPROPRIATION.] 
     $5,000 is appropriated from the well sealing account 
established in section 12 to the commissioner of health. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 2:00 p.m.