1999 Minnesota Statutes

     103I.005 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this chapter apply to this chapter.  

    Subd. 2.    Boring.  "Boring" means a hole or excavation 
 that is not used to extract water and includes exploratory 
 borings, environmental bore holes, vertical heat exchangers, and 
 elevator shafts. 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of health. 

    Subd. 4.    Department.  "Department" means the 
 department of health. 

    Subd. 4a.    Dewatering well.  "Dewatering well" means a 
 nonpotable well used to lower groundwater levels to allow for 
 construction or use of underground space.  A dewatering well 
 does not include:  

    (1) a well or dewatering well 25 feet or less in depth for 
 temporary dewatering during construction; or 

    (2) a well used to lower groundwater levels for control or 
 removal of groundwater contamination.  

    Subd. 5.    Drive point well.  "Drive point well" means 
 a well constructed by forcing a pointed well screen, attached to 
 sections of pipe, into the ground with the screen and casing 
 forced or driven into the ground with a hammer, maul, or weight. 

    Subd. 6.    Elevator shaft.  "Elevator shaft" means a 
 bore hole, jack hole, drilled hole, or excavation constructed to 
 install an elevator shaft or hydraulic cylinder. 

    Subd. 7.    Elevator shaft contractor.  "Elevator shaft 
 contractor" means a person with an elevator shaft contractor's 
 license issued by the commissioner.  

    Subd. 8.    Environmental bore hole.  "Environmental 
 bore hole" means a hole or excavation in the ground that 
 penetrates a confining layer or is greater than 25 feet in depth 
 and enters or goes through a water bearing layer and is used to 
 monitor or measure physical, chemical, radiological, or 
 biological parameters without extracting water.  An 
 environmental bore hole also includes bore holes constructed for 
 vapor recovery or venting systems.  An environmental bore hole 
 does not include a well, elevator shaft, exploratory boring, or 
 monitoring well.  

    Subd. 9.    Exploratory boring.  "Exploratory boring" 
 means a surface drilling done to explore or prospect for oil, 
 natural gas, kaolin clay, and metallic minerals, including iron, 
 copper, zinc, lead, gold, silver, titanium, vanadium, nickel, 
 cadmium, molybdenum, chromium, manganese, cobalt, zirconium, 
 beryllium, thorium, uranium, aluminum, platinum, palladium, 
 radium, tantalum, tin, and niobium, and a drilling or boring for 
 petroleum. 

    Subd. 10.    Explorer.  "Explorer" means a person who 
 has the right to drill an exploratory boring.  

    Subd. 11.    Groundwater thermal exchange device.  
 "Groundwater thermal exchange device" means a heating or cooling 
 device that depends on extraction and reinjection of groundwater 
 from an independent aquifer to operate.  

    Subd. 12.    Limited well/boring contractor.  "Limited 
 well/boring contractor" means a person with a limited 
 well/boring contractor's license issued by the commissioner.  

    Subd. 13.    Limited well/boring sealing contractor.  
 "Limited well/boring sealing contractor" means a person with a 
 limited well/boring sealing contractor's license issued by the 
 commissioner. 

    Subd. 14.    Monitoring well.  "Monitoring well" means 
 an excavation that is drilled, cored, bored, washed, driven, 
 dug, jetted, or otherwise constructed to extract groundwater for 
 physical, chemical, or biological testing.  "Monitoring well" 
 includes a groundwater quality sampling well. 

    Subd. 15.    Monitoring well contractor.  "Monitoring 
 well contractor" means a person who is registered by the 
 commissioner to construct monitoring wells.  

    Subd. 16.    Person.  "Person" means an individual, 
 firm, partnership, association, or corporation or other entity 
 including the United States government, any interstate body, the 
 state, and any agency, department, or political subdivision of 
 the state.  

    Subd. 17.    Provisions of this chapter.  "Provisions of 
 this chapter" means the sections in this chapter and rules 
 adopted by the commissioner under this chapter.  

    Subd. 18. Repealed, 1991 c 199 art 2 s 29; 1991 c 355 s 
 54 

    Subd. 19. Repealed, 1990 c 597 s 73 

    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.  

    Subd. 21.    Well.  "Well" means an excavation that is 
 drilled, cored, bored, washed, driven, dug, jetted, or otherwise 
 constructed if the excavation is intended for the location, 
 diversion, artificial recharge, or acquisition of groundwater.  
 Well includes monitoring wells, drive point wells, and 
 dewatering wells.  "Well" does not include:  

    (1) an excavation by backhoe, or otherwise for temporary 
 dewatering of groundwater for nonpotable use during 
 construction, if the depth of the excavation is 25 feet or less; 

    (2) an excavation made to obtain or prospect for oil, 
 natural gas, minerals, or products of mining or quarrying; 

    (3) an excavation to insert media to repressure oil or 
 natural gas bearing formations or to store petroleum, natural 
 gas, or other products; 

    (4) an excavation for nonpotable use for wildfire 
 suppression activities; or 

    (5) borings.  

    Subd. 22.    Well disclosure certificate.  "Well 
 disclosure certificate" means a certificate containing the 
 requirements of section 103I.235, subdivision 1, paragraph (e). 

    Subd. 23.    Well contractor.  "Well contractor" means a 
 person with a well contractor's license.  

    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. 

    Subd. 24.    Wellhead protection area.  "Wellhead 
 protection area" means the surface and subsurface area 
 surrounding a well or well field that supplies a public water 
 system, through which contaminants are likely to move toward and 
 reach the well or well field.  

    HIST: 1989 c 326 art 3 s 2; 1990 c 597 s 16-20; 1991 c 355 s 
 6-8; 1999 c 153 s 1-3