Minnesota Administrative Rules

4725.1810 PERMITS AND NOTIFICATIONS, GENERAL.

Subpart 1.

Well on property of another.

A person must not construct, or have constructed, a well on another person's property unless a written agreement exists according to Minnesota Statutes, section 103I.205, subdivision 8. The well owner, or other person identified in the agreement as being responsible for the well, has the responsibilities, authorities, and obligations of the property owner specified in this chapter.

Subp. 2.

Delegated programs.

A person constructing or sealing a well or boring that is located within a political subdivision with a well and boring program delegated under Minnesota Statutes, chapter 103I, must file a notification with, or obtain a permit from, the delegated program prior to construction or sealing of a well or boring regulated by the delegated program, except that a notification for construction or sealing of a community public water-supply well must be filed with the commissioner.

Subp. 3.

Fees.

Notification and permit fees must be paid according to parts 4725.0350 and 4725.1836 and Minnesota Statutes, chapter 103I.

Subp. 4.

Reporting measurements.

Depths or heights reported on a permit or notification must be measured from the established ground surface.

Subp. 5.

Hours of receipt, valid notification and permit.

A notification is not valid until the notification is received by the commissioner between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding holidays, except for emergency notifications and permits according to part 4725.1838. A notification received by facsimile after 4:30 p.m. is not valid until the next business day. A permit is not valid until the commissioner has approved the permit. A notification or permit is not valid unless accompanied by the proper fee. Work regulated under a notification or permit must not be done without a valid notification or permit.

Subp. 6.

Transfer of notification or permit.

A permit or notification is not transferable. Only the licensee or registrant who submits the notification, or the licensee or registrant who was issued the permit, may construct or seal the well or boring.

Subp. 7.

Conversion.

A well or boring must not be converted to another type of well or boring unless:

A.

a variance is granted according to part 4725.0410; or

B.

the well or boring was constructed by a contractor licensed or registered to construct that type of well or boring, the well or boring complies with the requirements of this chapter for that type of well or boring, and a new notification or permit, and fee if required, is submitted to the commissioner.

Statutory Authority:

MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401; 103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621

History:

33 SR 211

Published Electronically:

September 2, 2008