2007 Minnesota Statutes

103I.101 POWERS AND DUTIES OF 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; persons constructing, repairing, and sealing drive point wells or dug wells; persons
constructing, repairing, and sealing dewatering wells; persons sealing wells; persons installing
well pumps or pumping equipment; and persons excavating or drilling holes for the installation of
elevator borings 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 and
borings within the state; and
(6) issue permits for wells, groundwater thermal devices, vertical heat exchangers, and
elevator borings.
    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 drive point wells or dug wells;
(iii) persons constructing, repairing, and sealing dewatering wells;
(iv) persons sealing wells;
(v) persons installing well pumps or pumping equipment;
(vi) persons constructing, repairing, and sealing vertical heat exchangers; and
(vii) persons constructing, repairing, and sealing elevator borings;
(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 and borings 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 and boring data with other
state and local governmental agencies;
(10) establishment of criteria and procedures for submission of well and boring logs,
formation samples or well or boring 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.
    Subd. 6. Fees for variances. The commissioner shall charge a nonrefundable application fee
of $215 to cover the administrative cost of processing a request for a variance or modification of
rules adopted by the commissioner under this chapter.
History: 1989 c 326 art 3 s 3; 1990 c 597 s 21-23; 1991 c 355 s 9-12; 1994 c 557 s 19; 1996
c 305 art 2 s 21; 1997 c 203 art 2 s 4; 1999 c 153 s 4,5; 1Sp2001 c 9 art 1 s 3; 2002 c 379 art 1 s
113; 2005 c 106 s 16,17; 1Sp2005 c 4 art 6 s 2; 2007 c 147 art 16 s 2
NOTE:The amendment to subdivision 6 by Laws 2007, chapter 147, article 16, section 2, is
effective July 1, 2008. Laws 2007, chapter 147, article 16, section 2, the effective date.