Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 153-S.F.No. 1539
An act relating to the environment; regulating limited
well/boring contractors and the installation of
vertical heat exchangers; amending Minnesota Statutes
1998, sections 103I.005, subdivisions 12, 13, and 20;
103I.101, subdivisions 2 and 5; 103I.105; 103I.205,
subdivisions 2 and 4; 103I.301, subdivisions 2 and 3;
103I.501; 103I.531; and 103I.641, subdivisions 1 and 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 103I.005,
subdivision 12, is amended to read:
Subd. 12. [LIMITED WELL WELL/BORING CONTRACTOR.] "Limited
well well/boring contractor" means a person with a limited well
well/boring contractor's license issued by the commissioner.
Sec. 2. Minnesota Statutes 1998, section 103I.005,
subdivision 13, is amended to read:
Subd. 13. [LIMITED WELL WELL/BORING SEALING CONTRACTOR.]
"Limited well well/boring sealing contractor" means a person
with a limited well well/boring sealing contractor's license
issued by the commissioner.
Sec. 3. Minnesota Statutes 1998, section 103I.005,
subdivision 20, is amended to read:
Subd. 20. [VERTICAL HEAT EXCHANGER.] "Vertical heat
exchanger" means an earth-coupled heating or cooling device
consisting of a sealed closed-loop piping system installed
vertically in the ground to transfer heat to or from the
surrounding earth with no discharge.
Sec. 4. Minnesota Statutes 1998, 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
constructing, repairing, and sealing vertical heat exchangers,
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. 5. Minnesota Statutes 1998, 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; and
(vi) persons constructing, repairing, and sealing vertical
heat exchangers;
(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) establishment of standards for the construction,
maintenance, sealing, and water quality monitoring of wells in
areas of known or suspected contamination;
(8) establishment of wellhead protection measures for wells
serving public water supplies;
(9) establishment of procedures to coordinate collection of
well data with other state and local governmental agencies;
(10) 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
(11) 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. 6. Minnesota Statutes 1998, 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 17 18 voting members. Of the
17 18 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
(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; and
(12) one member must be a licensed vertical heat exchanger
contractor or be certified by the International Ground Source
Heat Pump Association and appointed by the commissioner.
(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. 7. Minnesota Statutes 1998, 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 well/boring contractor, or well contractor to begin
constructing a well before obtaining a permit or notification.
Sec. 8. Minnesota Statutes 1998, section 103I.205,
subdivision 4, is amended to read:
Subd. 4. [LICENSE REQUIRED.] (a) Except as provided in
paragraph (b), (c), or (d), section 103I.401, subdivision 2, or
section 103I.601, subdivision 2, a person may not drill,
construct, repair, or seal a well or boring unless the person
has a well contractor's license in possession.
(b) A person may construct 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;
(2) is a hydrologist or hydrogeologist certified by the
American Institute of Hydrology;
(3) is a professional engineer registered with the board of
architecture, engineering, land surveying, landscape
architecture, and interior design;
(4) is a geologist certified by the American Institute of
Professional Geologists; or
(5) meets the qualifications established by the
commissioner in rule.
A person must 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 well/boring contractor's license in possession. A separate
license is required for each of the five six 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;
or
(6) constructing, repairing, or sealing vertical heat
exchangers.
(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
contractor licensed or registered under the provisions of this
chapter in connection with the construction, sealing, or repair
of a well or boring at the direction and under the personal
supervision of a contractor licensed or registered under the
provisions of this chapter.
Sec. 9. Minnesota Statutes 1998, section 103I.301,
subdivision 2, is amended to read:
Subd. 2. [MONITORING WELLS.] The owner of the property
where a monitoring well is located must have the monitoring well
sealed when the well is no longer in use. The owner must have a
well contractor, limited well well/boring sealing contractor, or
a monitoring well contractor seal the monitoring well.
Sec. 10. Minnesota Statutes 1998, 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, limited well well/boring sealing
contractor, or limited dewatering well contractor shall seal the
dewatering well.
Sec. 11. Minnesota Statutes 1998, section 103I.501, is
amended to read:
103I.501 [LICENSING AND REGULATION OF WELLS AND BORINGS.]
(a) The commissioner shall regulate and license:
(1) drilling, constructing, and repair of wells;
(2) sealing of wells;
(3) installing of well pumps and pumping equipment;
(4) excavating, drilling, and sealing of holes for the
installation of elevator shafts and hydraulic cylinders; and
(5) construction and sealing of environmental bore holes;
and
(6) construction, repair, and sealing of vertical heat
exchangers.
(b) The commissioner shall examine and license well
contractors, limited well well/boring contractors, and elevator
shaft contractors, and examine and register monitoring well
contractors.
(c) The commissioner shall license explorers engaged in
exploratory boring and shall examine persons who supervise or
oversee exploratory boring.
Sec. 12. Minnesota Statutes 1998, section 103I.531, is
amended to read:
103I.531 [LIMITED WELL WELL/BORING CONTRACTOR'S LICENSE.]
Subdivision 1. [APPLICATION.] (a) A person must file an
application and an application fee with the commissioner to
apply for a limited well well/boring 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.
Subd. 2. [APPLICATION FEE.] The application fee for a
limited well well/boring contractor's license is $50. The
commissioner may not act on an application until the application
fee is paid.
Subd. 3. [EXAMINATION.] After the commissioner has
approved the application, the applicant must take an examination
given by the commissioner.
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant meets the
experience requirements established in 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 limited well well/boring
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.
Subd. 5. [BOND.] (a) As a condition of being issued a
limited well well/boring contractor's license for constructing,
repairing, and sealing drive point wells or dug wells, sealing
wells or borings, or constructing, repairing, and sealing
dewatering wells, or constructing, repairing, and sealing
vertical heat exchangers, the applicant must submit a corporate
surety bond for $10,000 approved by the commissioner. As a
condition of being issued a limited well well/boring
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 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 bonds are in lieu of other license bonds required by a
political subdivision of the state.
(b) From proceeds of 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.
Subd. 6. [LICENSE FEE.] The fee for a limited well
well/boring contractor's license is $50.
Subd. 7. [VALIDITY.] A limited well well/boring
contractor's license is valid until the date prescribed in the
license by the commissioner.
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the limited well
well/boring contractor's license by the date stated in the
license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.1285.
(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, vertical heat exchanger permits, and well notifications
for work conducted by the licensee since the last license
renewal.
Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee 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.1285; and
(2) the licensee may not conduct activities authorized by
the limited well well/boring contractor's license until the
renewal application, renewal application fee, and late fee, and
all other information required in subdivision 8 are submitted.
Sec. 13. Minnesota Statutes 1998, section 103I.641,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] A person may not drill or
construct an excavation used to install a vertical heat
exchanger unless the person is a limited well/boring contractor
licensed for constructing, repairing, and sealing vertical heat
exchangers or a well contractor.
Sec. 14. Minnesota Statutes 1998, section 103I.641,
subdivision 3, is amended to read:
Subd. 3. [PERMIT REQUIRED.] (a) A vertical heat exchanger
may not be installed without first obtaining a permit for the
vertical heat exchanger from the commissioner. A limited
well/boring contractor licensed for constructing, repairing, and
sealing vertical heat exchangers or a well contractor must apply
for the permit on forms provided by the commissioner and must
pay the permit fee.
(b) As a condition of the permit, the owner of the property
where the vertical heat exchanger is to be installed must agree
to allow inspection by the commissioner during regular working
hours of department of health inspectors.
Sec. 15. [EFFECTIVE DATE.]
Sections 13 and 14 are effective August 1, 2000.
Presented to the governor May 10, 1999
Signed by the governor May 13, 1999, 1:17 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes