A person must not install or operate a SCLHE system until the commissioner issues a permit to the well contractor installing the SCLHE system, the system owner, and the property owner where a SCLHE is located, if different than the system owner.
An applicant must submit a new SCLHE system permit application to the commissioner, according to subpart 2, if a well contractor installing the SCLHE system is not the well contractor listed on the SCLHE system permit.
A system owner must provide the commissioner with Minnesota unique well numbers for proposed wells on a SCLHE system permit before construction of the wells.
A well contractor must construct all wells used for a SCLHE system within 18 months of the original SCLHE system permit approval.
A person must not use the wells in a SCLHE system to provide potable water while the SCLHE system is installed.
The property owner, or the property owner's agent, where a SCLHE system is proposed to be installed must submit to the commissioner:
a complete and legible SCLHE system permit application on a form, or in a format, provided by the commissioner; and
A SCLHE system permit application must include:
proposed SCLHE system specifications, including:
a plan describing how the proposed SCLHE system will be monitored for potential leaks and mitigation strategies for any leaks that may occur. The plan must include:
a description of alert or shut-off response activities, including a list of the entities and roles of persons involved; and
a description of mitigation activities to implement in the event of a leak, including a list of the entities and the roles of the persons involved;
a cross-sectional diagram of each well in a proposed SCLHE system. One diagram may be submitted if well construction, SCLHE in-well piping, SCLHE lateral piping, and SCLHE unit installation is the same. A diagram must include:
the existing or anticipated geology at the well location, including depth intervals and description of materials or formations;
an inventory of known groundwater contamination sites and plumes within one-half mile of the proposed SCLHE system wells. The inventory must include:
a list of mapped groundwater contamination sites and plumes generated from publicly available information on local, state, and federal websites. The list must include:
additional information the commissioner requires to evaluate potential harm to public health or degradation of the groundwater.
The commissioner must deny a SCLHE system permit application according to requirements in part 4725.1845 and Minnesota Statutes, section 144.99, subdivision 8.
The well contractor installing the SCLHE system, system owner, and property owner where the SCLHE system is located must comply with the permit conditions. The commissioner may require additional permit conditions to protect the public health and prevent degradation of the groundwater.
The system owner must obtain the commissioner's written approval before making changes to permitted SCLHE system specifications, including:
The system owner must submit a SCLHE system installation record to the commissioner within 60 days of the date of the first successful SCLHE system pressure test. The installation record must be legible and completed on a form provided by the commissioner.
The installation record for the SCLHE system must include:
the cross-sectional diagrams of each well in the SCLHE system.
One diagram may be submitted if the well construction, SCLHE piping, and SCLHE unit installation are the same.
A well contractor must ensure chemicals placed in the well to clean or rehabilitate the well or SCLHE unit meet the requirements of and are used in accordance with part 4725.3725.
Treatment or rehabilitation chemicals must:
not be circulated within the SCLHE unit and SCLHE in-well piping when installed in the well; and
ANSI/NSF-60 certified treatment or rehabilitation chemicals are exempt from the requirements in item C and must be used in accordance with the certification for each chemical;
A well contractor must ensure the heat transfer fluid and treatment or rehabilitation chemicals are:
disposed of according to applicable laws and rules of this state, including local ordinances or regulations.
A SCLHE system must be pressure tested according to part 4725.7075, subpart 4, items A to I, when the SCLHE unit and SCLHE in-well piping is removed from the well and reinstalled or replaced.
The system owner must conduct leak monitoring and mitigation according to the plan approved in the SCLHE system permit.
The system owner must notify the commissioner electronically within 24 hours of pressure loss or leakage from the SCLHE system piping that causes an alert or shut-off.
A property owner must notify the commissioner electronically or in writing within 30 days of the sale or transfer of the property.
A property owner must provide a copy of the SCLHE system permit to a buyer or lessee of the property prior to the transfer of sale or the term of the lease.
A property owner is responsible for the SCLHE system compliance with this part in the absence of a system owner.
A system owner must notify the commissioner in writing within 30 days if the SCLHE system is inoperable for more than one year.
A well contractor must remove the SCLHE unit from the well and SCLHE in-well piping within 30 days after notifying the commissioner in writing that the SCLHE system has been inoperable for more than one year.
A well contractor is responsible for the handling and disposal of the heat transfer fluid according to subpart 7, item E.
49 SR 1261
May 28, 2025
Official Publication of the State of Minnesota
Revisor of Statutes