103I.101 Powers and duties of the commissioner of health.
Subdivision 1. Powers of commissioner. The commissioner has the powers reasonable and necessary to effectively exercise the authority granted by this chapter.
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.
Subd. 3. Procedures for permits. The commissioner shall establish procedures for application, approval, and issuance of permits by rule.
Subd. 4. Inspections by commissioner. The commissioner may inspect, collect water samples, and have access, at all reasonable times, to a well or boring site, including wells or borings drilled, sealed, or repaired.
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;
(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.
Subd. 6. Fees for variances. The commissioner shall charge a nonrefundable application fee of $150 to cover the administrative cost of processing a request for a variance or modification of rules adopted by the commissioner under this chapter.
Official Publication of the State of Minnesota
Revisor of Statutes