piers109uk/MN-Statutes huggingface dataset:
103I.103 WASTE PREVENTION MAY BE REQUIRED.
The commissioner of natural resources may require the owners of wells, especially flowing artesian wells, to prevent waste to conserve the groundwater water supply of the state.
103I.105 ADVISORY COUNCIL ON WELLS AND BORINGS.
(a) The Advisory Council on Wells and Borings is established as an advisory council to the commissioner. The advisory council shall consist of 18 voting members. Of the 18 voting members:
(1) one member must be from the Department of Health, appointed by the commissioner of health;
(2) one member must be from the Department of Natural Resources, appointed by the commissioner of natural resources;
(3) one member must be a member of the Minnesota Geological Survey of the University of Minnesota, appointed by the director;
(4) one member must be a responsible individual for a licensed explorer;
(5) one member must be a certified representative of a licensed elevator boring contractor;
(6) two members must be members of the public who are not connected with the boring or well drilling industry;
(7) one member must be from the Pollution Control Agency, appointed by the commissioner of the Pollution Control Agency;
(8) one member must be from the Department of Transportation, appointed by the commissioner of transportation;
(9) one member must be from the Board of Water and Soil Resources appointed by its chair;
(10) one member must be a certified representative of an environmental well contractor;
(11) six members must be residents of this state appointed by the commissioner, who are certified representatives of licensed well contractors, with not more than two from the seven-county metropolitan area and at least four from other areas of the state who represent different geographical regions; and
(12) one member must be a certified representative of a licensed bored geothermal heat exchanger contractor.
(b) An appointee of the well drilling industry may not serve more than two consecutive terms.
(c) The appointees to the advisory council from the well drilling industry must:
(1) have been residents of this state for at least three years before appointment; and
(2) have at least five years' experience in the well drilling business.
(d) The terms of the appointed members and the compensation and removal of all members are governed by section 15.059.
103I.113 APPLICABILITY TO MINING ACTIVITIES.
The provisions of this chapter do not apply to mining activities within a mining area described in a permit to mine issued under section 93.481 except a well or boring from which water is withdrawn. The provisions of this chapter do not apply to borings made within an area for which a conditional use permit for kaolin clay extraction has been obtained from the appropriate permitting authority when the kaolin clay extraction activity will remove all of the materials in which the borings occurred except a well or boring from which water is withdrawn.
103I.115 COMPLIANCE WITH THIS CHAPTER REQUIRED.
A person may not construct, repair, or seal a well or boring, except as provided under the provisions of this chapter.
103G.001 CITATION; WATER LAW.
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G constitute the water law of this state and may be cited as the "Water Law."
103I.209 SUBMERGED CLOSED LOOP HEAT EXCHANGER SYSTEM; REQUIREMENTS.
After May 25, 2023, a person must not install a submerged closed loop heat exchanger in a water supply well without a permit granted by the commissioner. A submerged closed loop heat exchanger system approved by a variance granted by the commissioner prior to May 25, 2023, may continue to operate without obtaining a permit under this section or section 103I.210.
(a) A water supply well constructed to house a submerged closed loop heat exchanger must be constructed by a licensed well contractor and the submerged closed loop heat exchanger must be installed by a licensed well contractor.
(b) The commissioner may consider a variance under Minnesota Rules, part 4725.0410, to the screen configuration requirements under Minnesota Rules, part 4725.2750, to allow any combination of screen, casing, leader, riser, sump, or other piping so long as the screen configuration does not interconnect aquifers or extend through a confining layer. The commissioner must consider rules for these screen configurations during the expedited rulemaking process authorized by section 103I.208, subdivision 3.
(c) A water supply well used for a submerged closed loop heat exchanger must comply with the requirements of this chapter and Minnesota Rules, chapter 4725.
Water used as heat transfer fluid must be sourced from a potable supply. The heat transfer fluid may be amended with additives to inhibit corrosion or microbial activity. Any additive used must be ANSI/NSF-60 certified.
103G.101 WATER CONSERVATION PROGRAM.
The commissioner shall develop a water resources conservation program for the state. The program must include conservation, allocation, and development of waters of the state for the best interests of the people.
The commissioner must be guided by the program in issuing permits for the use and appropriation of the waters of the state and the construction, reconstruction, repair, removal, or abandonment of dams, reservoirs, and other control structures.
103G.105 COOPERATION WITH OTHER AGENCIES.
The commissioner may cooperate and enter into agreements with the United States government, a state department, or a state or country adjacent to this state to implement this chapter and chapter 103F. The commissioner may cooperate with departments of the government of the United States in the execution of surveys within the state.
Personnel of the Pollution Control Agency, the Health Department, and county and municipal governments must cooperate with the commissioner in monitoring and enforcing water permits. County attorneys, sheriffs, and other peace officers and other officers having enforcement authority must take all action to the extent of their authority, respectively, that may be necessary or proper for the enforcement of the provisions, rules, standards, orders, or permits specified in this chapter and chapter 103F.
103I.221 PLASTIC CASINGS.
The use of plastic casings in wells is expressly authorized.
The commissioner may adopt rules relating to the installation of plastic well casing.
103G.111 REPRESENTING STATE IN WATER ISSUES.
The commissioner may appear, represent, and act for the state in any matter relating to an application to be made to the federal government relating to waters of the state or their use and may act in a manner to protect the interests of the people of the state consistent with this chapter and chapter 103F.
The director may appear for the state in any matter or proceeding affecting waters of the state to give hydrologic and hydraulic engineering advice and information in connection with the proceeding.
103G.115 ENJOINING WATER-FLOW INTERFERENCE OUTSIDE STATE.
If a person, firm, association, corporation, or a state or political subdivision, agency, or commission of a state disturbs, obstructs, or interferes with the natural flow or condition of public waters beyond the boundaries of this state in a manner that seriously affects the public welfare and interests of this state, the commissioner may institute proceedings in behalf of this state in a court having jurisdiction to abate or enjoin the continuance of the disturbance, obstruction, or interference.
103I.231 COMMISSIONER MAY ORDER REPAIRS.
(a) The commissioner may order a property owner to take remedial measures, including making repairs, reconstructing, or sealing a well or boring according to provisions of this chapter. The order may be issued if the commissioner determines, based on inspection of the water or the well or boring site or an analysis of water from the well or boring, that the well or boring:
(1) is contaminated or may contribute to the spread of contamination;
(2) is required to be sealed under this chapter and has not been sealed according to provisions of this chapter;
(3) is in a state of disrepair so that its continued existence endangers the quality of the groundwater;
(4) is a health or safety hazard; or
(5) is located in a place or constructed in a manner that its continued use or existence endangers the quality of the groundwater.
(b) The order of the commissioner may be enforced in an action to seek compliance brought by the commissioner in the district court of the county where the well or boring is located.
103G.121 COMMISSIONER'S AUTHORITY TO INVESTIGATE AND CONSTRUCT PROJECTS.
The commissioner may conduct surveys, investigations, and studies, and prepare maps of the waters of the state and topography of the state to implement this chapter.
The commissioner may acquire title to private property for an authorized purpose by purchase or by eminent domain. The use of property for projects to implement this chapter is a public purpose. On request by the commissioner, the attorney general shall acquire title to private property for projects under this chapter as provided in chapter 117.
The commissioner may approve contracts for projects under this chapter and change the plans of the projects when necessary, and supervise, control, and accept the projects when complete. The commissioner may pay for projects and expenses incurred in connection with the projects from funds available to the commissioner.
103G.125 DIRECTOR'S AUTHORITY.
The director shall cooperate with agencies and departments of the state and federal government relating to projects affecting waters of the state and shall make recommendations to the agencies involved and to the governor about the desirability, feasibility, and practicability of the proposed projects.
The director, with approval of the commissioner, may make cooperative agreements with and cooperate with any person, corporation, or government authority to implement this chapter.
The director may adopt rules to standardize forms and maps, sizes of maps, plats, drawings, and specifications in proceedings related to waters of the state.
103I.236 WELL DISCLOSURE IN WASHINGTON COUNTY.
Before signing an agreement to sell or transfer real property in Washington County that is not served by a municipal water system, the seller must state in writing to the buyer whether, to the seller's knowledge, the property is located within a special well construction area designated by the commissioner of health under Minnesota Rules, part 4725.3650. If the disclosure under section 103I.235, subdivision 1, paragraph (a), states that there is an unsealed well on the property, the disclosure required under this clause must be made regardless of whether the property is served by a municipal water system.
103G.127 PERMIT PROGRAM UNDER SECTION 404 OF FEDERAL CLEAN WATER ACT.
Notwithstanding any other law to the contrary, the commissioner, with the concurrence of the Board of Water and Soil Resources and the commissioner of agriculture, may adopt rules establishing a permit program for regulating the discharge of dredged and fill material into the waters of the state as necessary to obtain approval from the United States Environmental Protection Agency to administer the permit program under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules may not be more restrictive than the program under section 404, or state law, if it is more restrictive than the federal program.
103I.241 ACTION FOR WELL CONTAMINATION.
The owner of real property where a well is located has a cause of action for civil damages against a person whose action or inaction caused contamination of a well. The property owner may commence an action for a period of six years after the owner knows or becomes aware of the contamination of the well.
The court may award damages, reasonable attorney fees, and costs and disbursements.
103G.131 VENUE OF CERTAIN ACTIONS.
Notwithstanding any other law to the contrary, an action for declaratory judgment that is brought under chapter 555 by or against the commissioner must be venued in the county where the water, watercourse, or water basin is located, if the water, watercourse, or water basin is located in one county. This section applies to actions to determine the validity of the commissioner's final decision regarding:
(1) the classification of waters of the state as public waters; or
(2) the drainage of water basins or watercourses as provided in chapter 103E.
If the water, watercourse, or water basin is located in more than one county, then the venue is the judicial district where the majority of the water, watercourse, or water basin is located.
103I.301 WELL SEALING REQUIREMENTS.
(a) A property owner must have a well or boring sealed if:
(1) the well or boring is contaminated or may contribute to the spread of contamination;
(2) the well or boring was attempted to be sealed but was not sealed according to the provisions of this chapter; or
(3) the well or boring is located, constructed, or maintained in a manner that its continued use or existence endangers groundwater quality or is a safety or health hazard.
(b) A well or boring that is not in use must be sealed unless the property owner has a maintenance permit for the well.
(c) The property owner must have a well or boring sealed by a licensed person authorized to seal the well or boring, consistent with provisions of this chapter.
The owner of the property where an environmental well is located must have the environmental well sealed when the well is no longer in use. The owner must have a well contractor, limited well/boring sealing contractor, or an environmental well contractor seal the environmental well.
(a) The owner of the property where a dewatering well is located must have the dewatering well sealed when the dewatering well is no longer in use.
(b) A well contractor, limited well/boring sealing contractor, or limited dewatering well contractor shall seal the dewatering well.
(a) The owner of the property where a temporary boring is located must have the temporary boring sealed within 72 hours after the start of construction of the temporary boring.
(b) The owner must have a well contractor, a limited well/boring sealing contractor, or an environmental well contractor seal the temporary boring.
Wells and borings must be sealed according to rules adopted by the commissioner.
[Repealed, 1990 c 597 s 73]
A person may not seal a well or temporary boring until a notification of the proposed sealing is filed as prescribed by the commissioner. A single notification is required for all temporary borings sealed on a single property. Temporary borings less than 25 feet in depth are exempt from the notification requirements in this chapter.
103G.134 ORDERS AND INVESTIGATIONS.
The commissioner has the following powers and duties when acting pursuant to the enforcement provisions of this chapter:
(1) to adopt, issue, reissue, modify, deny, revoke, enter into, or enforce reasonable orders, schedules of compliance, and stipulation agreements;
(2) to issue notices of violation;
(3) to require a person holding a permit issued under this chapter or otherwise impacting the public waters of the state without a permit issued under this chapter to:
(i) make reports;
(ii) install, use, and maintain monitoring equipment or methods;
(iii) perform tests according to methods, at locations, at intervals, and in a manner as the commissioner prescribes; and
(iv) provide other information as the commissioner may reasonably require; and
(4) to conduct investigations; issue notices, public and otherwise; and order hearings as the commissioner deems necessary or advisable to discharge duties under this chapter, including but not limited to issuing permits and authorizing an employee or agent appointed by the commissioner to conduct the investigations and other authorities cited in this section.
103G.135 ENFORCING COMMISSIONER'S ORDERS.
Upon application of the commissioner, the district court of a county where a project is entirely or partially located may by injunction enforce compliance with, or restrain the violation of, an order of the commissioner made under this chapter or chapter 103F, or restrain the violation of this chapter or chapter 103F.
103I.311 IDENTIFICATION AND SEALING OF WELLS ON STATE PROPERTY.
The commissioner of natural resources in cooperation with other state agencies must identify the location and status of wells and abandoned wells located on state property.
In each budget year of a biennium, the commissioner must present a plan and an appropriation request to properly seal wells on state property.
The state may not purchase or sell a fee interest in real property without identifying the location of all wells on the property, whether in use, not in use, or sealed, and making provisions to have the wells not in use properly sealed at the cost of the seller as part of the contract. The deed or other instrument of conveyance evidencing the sale may not be recorded with the county recorder or registrar of titles unless this subdivision is complied with. Failure to comply with a requirement of this subdivision does not impair:
(1) the validity of a deed or other instrument of conveyance as between the parties to the deed or instrument or as to any other person who otherwise would be bound by the deed or instrument; or
(2) the record, as notice, of any deed or other instrument of conveyance accepted for filing or recording contrary to the provisions of this subdivision.
103I.315 ORDERS TO SEAL WELLS AND BORINGS.
The commissioner may order a property owner to seal a well or boring if:
(1) the commissioner determines that without being sealed the well or boring is an imminent threat to public health or public safety;
(2) the well or boring is required to be sealed under section 103I.301; or
(3) a well is an environmental well or dewatering well and by 14 months after construction of the well, the owner has not obtained a maintenance permit, or after a maintenance permit has been issued the owner has not renewed a maintenance permit.
If the property owner fails to seal a well or boring in the time provided in the commissioner's order, or if the commissioner is unable to identify or locate the property owner, the commissioner may enter the property and have the well or boring sealed. The property owner is liable for and must pay the costs of sealing the well or boring.
103G.141 PENALTIES.
Except as provided in subdivision 2, a person is guilty of a misdemeanor who:
(1) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state without previously obtaining a permit from the commissioner, regardless of whether the commissioner would have granted a permit had an application been filed;
(2) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state in violation of or in excess of authority granted under a permit issued by the commissioner, regardless of whether an application had been filed for permission to perform the act involved or whether the act involved would have been permitted had a proper application been filed;
(3) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state after a permit to undertake the project has been denied by the commissioner; or
(4) violates a provision of this chapter.
(a) Whenever the commissioner finds that a person is in violation of a condition or limitation set forth in a permit issued under the rules adopted by the commissioner under section 103G.127, the commissioner shall issue an order requiring the person to comply with the condition or limitation, or the commissioner shall bring a civil action in accordance with paragraph (b).
(b) The commissioner may commence a civil action for appropriate relief in district court, including a permanent or temporary injunction, for a violation for which the commissioner is authorized to issue a compliance order under paragraph (a). The court may restrain the violation and require compliance.
(c) A person who violates a condition or limitation in a permit issued by the commissioner under section 103G.127, and a person who violates an order issued by the commissioner under paragraph (a), is subject to a civil penalty not to exceed $25,000 per day for each violation. In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit, if any, resulting from the violation, any history of violations, any good faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and other matters justice may require.
103G.145 APPLICATION.
Nothing in this chapter supersedes or amends section 92.45.
103G.146 DUTY OF CANDOR.
(a) A person must not knowingly:
(1) make a false statement of fact or fail to correct a false statement of material fact regarding any matter pertaining to this chapter;
(2) fail to disclose information that the person knows is necessary for the commissioner to make an informed decision under this chapter; or
(3) offer information that the person knows to be false.
(b) If a person has offered material information to the commissioner and the person comes to know the information is false, the person must take reasonable remedial measures to provide the accurate information.
103I.325 LANDOWNER SEALED WELL AND BORING LIABILITY.
[Repealed, 1990 c 597 s 73]
The owner of a well or boring is not liable for contamination of groundwater from the well or boring that occurs after the well or boring has been sealed by a licensed contractor in compliance with this chapter if a report of sealing has been filed with the commissioner of health by the contractor who performed the work, and if the owner has not disturbed or disrupted the sealed well or boring.
103G.205 EFFECT OF PUBLIC WATERS DESIGNATION.
The designation of waters of this state as public waters does not:
(1) grant the public additional or greater right of access to the waters;
(2) diminish the right of ownership or usage of the beds underlying the designated public waters;
(3) affect state law forbidding trespass on private lands; and
(4) require the commissioner to acquire access to the designated public waters under section 97A.141.
103I.335 FUNDING FOR PERSONS TO SEAL WELLS.
A property owner who desires to seal a well may apply to the Board of Water and Soil Resources for the board to provide funds and seal the well.
The Board of Water and Soil Resources shall adopt criteria for accepting applications to seal wells for property owners applying under subdivision 1.
If the applications are accepted, the costs of sealing become a governmental services lien as provided in section 103I.341. The Board of Water and Soil Resources must enter a written agreement to collect the costs of sealing the well in a manner provided under section 103I.341, subdivision 3. If the costs are not paid according to the agreement, the Board of Water and Soil Resources may enforce the lien in any manner provided under section 103I.341, subdivisions 2 and 3.
103G.211 DRAINING PUBLIC WATERS PROHIBITED WITHOUT REPLACEMENT.
Except as provided in sections 103G.221 to 103G.235, public waters may not be drained, and a permit authorizing drainage of public waters may not be issued, unless the public waters to be drained are replaced by public waters that will have equal or greater public value.
103I.341 COLLECTION AND ENFORCEMENT OF WELL SEALING COSTS.
The commissioner and the Board of Water and Soil Resources have a governmental services lien under section 514.67 for the costs of sealing a well or boring that the commissioner or board has contracted to be sealed under section 103I.315, subdivision 2; or 103I.335. The lien attaches to the real property where the well or boring is located. The lien is perfected by recording the lien with the county recorder or registrar of titles where the well or boring and the property are located and serving or mailing by return receipt a copy of the lien to the property owner.
The commissioner or the Board of Water and Soil Resources may enforce the lien in the manner provided for a judgment lien under chapter 550 or certify the amount to the county auditor, which must be assessed against the property and collected in the same manner as real estate taxes.
(a) In lieu of certifying the entire amount to be collected, the commissioner or the Board of Water and Soil Resources may have the amount due assessed in seven or less equal annual installments plus interest due at the rate determined by the state court administrator for judgments under section 549.09.
(b) The interest due is an additional perfected lien on the property without further action by the commissioner or the Board of Water and Soil Resources.
(c) The interest and the installment due must be entered on the tax lists for the year and collected in the same manner as real estate taxes for that year by collecting one-half of the total of the installment and interest with and as part of the real estate taxes.
The amount due and interest of a lien under this section may be paid at any time. When the amount of the lien including accrued interest is paid, the commissioner or board must execute a satisfaction of the lien and record the satisfaction with the county recorder or registrar of titles where the lien was recorded.
Costs of sealing wells recovered from property owners by the Board of Water and Soil Resources must be deposited in the state treasury and credited to the account from which the amounts were originally appropriated. The amounts are continuously appropriated to the board for sealing wells.
103G.215 AGRICULTURAL USE OF PUBLIC WATERS DURING DROUGHT.
A property owner may use the bed of public waters for pasture or cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not constructed; and
(2) the agricultural use does not result in the drainage of the public waters.
103I.345 WELL AND BORING SEALING ACCOUNT.
Revenue from the following sources must be deposited in the state treasury and credited to a special account:
(1) all money recovered by the commissioner under section 103I.341;
(2) all money paid under section 144.99 or under any agreement, stipulation, or settlement resolving an enforcement action brought by the commissioner;
(3) all interest attributable to investment of money credited to the account; and
(4) all money received in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of the account.
Subject to appropriation by law, money in the account established under subdivision 1 may be used by the commissioner for sealing wells and borings.
103G.216 REPORTING FISH KILLS IN PUBLIC WATERS.
For the purposes of this section and section 103G.2165, "fish kill" means an incident resulting in the death of 25 or more fish within one linear mile of a flowing water or 25 or more fish within a square mile of a nonflowing water, excluding fish lawfully taken under the game and fish laws.
A state or county staff person or official who learns of a fish kill in public waters must report the location of the fish kill to the Minnesota state duty officer within one hour of being notified of a fish kill or within four hours of first observing the fish kill. The Minnesota state duty officer must alert the Departments of Agriculture, Health, and Natural Resources and the Pollution Control Agency of the location of the fish kill within one hour of being notified of the fish kill. When a fish kill is reported, it must be posted to the EQB Monitor in the next scheduled posting.
103I.401 ELEVATOR BORINGS.
(a) A person may not construct an elevator boring until a permit for the hole or excavation is issued by the commissioner.
(b) The elevator boring permit preempts local permits except local building permits, and counties and home rule charter or statutory cities may not require a permit for elevator borings.
A person may not construct an elevator boring unless the person possesses a well contractor's license or an elevator boring contractor's license issued by the commissioner.
A well contractor or elevator boring contractor must seal a hole or excavation that is no longer used for an elevator boring. The sealing must be done according to rules adopted by the commissioner.
Within 30 days after completion or sealing of an elevator boring, the person doing the work must submit a report to the commissioner on forms provided by the commissioner.
103G.217 DRIFTLESS AREA; WATER RESOURCES.
(a) Groundwater discharge from natural springs and seepage areas in the driftless area of Minnesota, corresponding to the area of the state contained within the boundaries of the Department of Natural Resources Paleozoic plateau ecological section, is vital to sustaining the coldwater aquatic ecosystems in the region, as well as the recreational, commercial, agricultural, environmental, aesthetic, and economic well-being of the region.
(b) Within the boundaries of the Department of Natural Resources Paleozoic plateau ecological section, no excavation or mining of silica sand, including, but not limited to, digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or shafting, may occur within one mile of a designated trout stream as listed in Minnesota Rules unless a silica sand mining trout stream setback permit has been issued by the commissioner.
(c) Before issuing a permit under this section, the commissioner shall:
(1) require a project proposer to do a hydrogeological evaluation and collect any other information necessary to assess potential impacts to hydrogeological features, including private and public drinking water supply wells; and
(2) identify appropriate setbacks from designated trout streams, springs, and other hydrogeologic features and any other restrictions necessary to protect trout stream water quantity, quality, and habitat.
(d) The commissioner may assess the project proposer fees to cover the reasonable costs of duties performed under this section.
103G.221 DRAINING PUBLIC WATERS WETLANDS.
Public waters wetlands may not be drained, and a permit authorizing drainage of public waters wetlands may not be issued, unless the public waters wetlands to be drained are replaced by wetlands that will have equal or greater public value.
[Repealed, 1991 c 354 art 10 s 12]
[Repealed, 1991 c 354 art 10 s 12]
103I.501 LICENSING AND REGULATION OF WELLS AND BORINGS.
(a) The commissioner shall regulate and license:
(1) drilling, constructing, and repair of wells;
(2) sealing of wells;
(3) installing of well pumps and pumping equipment;
(4) excavating, drilling, repairing, and sealing of elevator borings;
(5) construction, repair, and sealing of environmental wells; and
(6) construction, repair, and sealing of bored geothermal heat exchangers.
(b) The commissioner shall examine and license well contractors, limited well/boring contractors, elevator boring contractors, and environmental well contractors.
(c) The commissioner shall license explorers engaged in exploratory boring and shall examine persons who supervise or oversee exploratory boring.
103I.505 RECIPROCITY OF LICENSES AND REGISTRATIONS.
The commissioner may issue a license or certify a person under this chapter, without giving an examination, if the person is licensed or certified in another state and:
(1) the requirements for licensing or certification under which the well or boring contractor was licensed or person was certified do not conflict with this chapter;
(2) the requirements are of a standard not lower than that specified by the rules adopted under this chapter; and
(3) equal reciprocal privileges are granted to licensees or certified persons of this state.
A well or boring contractor or certified person must apply for the license or certification and pay the fees under the provisions of this chapter to receive a license or certification under this section.
103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS OR FILLS WETLANDS.
An agent or employee of another may not drain or fill a wetland, wholly or partially, unless the agent or employee has:
(1) obtained a signed statement from the property owner stating that the wetland replacement plan required for the work has been obtained or that a replacement plan is not required; and
(2) mailed or sent by electronic transmission a copy of the statement to the local government unit with jurisdiction over the wetland.
Violation of this section is a separate and independent offense from other violations of sections 103G.2212 to 103G.237.
The board shall develop a form to be distributed to contractors' associations, local government units, and soil and water conservation districts to comply with this section. The form must include:
(1) a listing of the activities for which a replacement plan is required;
(2) a description of the penalties for violating sections 103G.2212 to 103G.237;
(3) the telephone number to call for information on the responsible local government unit;
(4) a statement that national wetland inventory maps are on file with the soil and water conservation district office; and
(5) spaces for a description of the work and the names, mailing addresses or other contact information, and telephone numbers of the person authorizing the work and the agent or employee proposing to undertake it.
103I.515 LICENSES NOT TRANSFERABLE.
A license or certification issued under this chapter is not transferable.
103I.521 FEES.
Unless otherwise specified, fees collected by the commissioner under this chapter shall be deposited in the state treasury and credited to the state government special revenue fund.
103G.223 CALCAREOUS FENS.
(a) Calcareous fens, as identified by the commissioner by written order published in the State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by any activity, unless the commissioner, under an approved management plan, decides some alteration is necessary or as provided in paragraph (b). Identifications made by the commissioner are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.
(b) The commissioner may allow water appropriations that result in temporary reductions in groundwater resources on a seasonal basis under an approved calcareous fen management plan.
103G.2244 WETLAND CREATION OR RESTORATION WITHIN PIPELINE EASEMENT.
A person proposing to create or restore a wetland within the easement of a pipeline as defined in section 299J.02, subdivision 11, shall first notify the easement holder and the director of the Office of Pipeline Safety in writing. The person may not create or restore the wetland if, within 90 days after receiving the required notice, the easement holder or the director of the Office of Pipeline Safety provides to the person a written notice of objection that includes the reasons for the objection.
103G.225 STATE WETLANDS AND PUBLIC DRAINAGE SYSTEMS.
If the state owns public waters wetlands on or adjacent to existing public drainage systems, the state shall consider the use of the public waters wetlands as part of the drainage system. If the public waters wetlands interfere with or prevent the authorized functioning of the public drainage system, the state shall provide for necessary work to allow proper use and maintenance of the drainage system while still preserving the public waters wetlands.
103I.545 REGISTRATION OF DRILLING MACHINES AND HOISTS REQUIRED.
(a) A person may not use a drilling machine such as a cable tool, rotary tool, hollow rod tool, or auger for a drilling activity requiring a license under this chapter unless the drilling machine is registered with the commissioner.
(b) A person must apply for the registration on forms prescribed by the commissioner and submit a $75 registration fee.
(c) A registration is valid for one year.
(a) A person may not use a machine such as a hoist for an activity requiring a license under this chapter to repair wells or borings, seal wells or borings, or install pumps unless the machine is registered with the commissioner.
(b) A person must apply for the registration on forms prescribed by the commissioner and submit a $75 registration fee.
(c) A registration is valid for one year.
103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK CREDIT.
In greater than 80 percent areas, preservation of wetlands, riparian buffers, and watershed areas essential to maintaining important functions and sustainability of aquatic resources in the watershed that are protected by a permanent conservation easement as defined under section 84C.01 and held by the board may be eligible for wetland replacement or mitigation credits, according to rules adopted by the board. To be eligible for credit under this section, a conservation easement must be established after May 24, 2008, and approved by the board. Wetland areas on private lands preserved under this section are not eligible for replacement or mitigation credit if the area has been protected using public conservation funds.
103I.550 LIMITED PUMP, PITLESS, OR DUG WELL/DRIVE POINT CONTRACTOR.
A person with a limited well/boring contractor's license or certification to install well pumps and pumping equipment; or a person with a limited well/boring contractor's license or certification to install, repair, and modify pitless units and pitless adapters, well casings above the pitless unit or pitless adapter, and well screens and well diameters, will be issued a combined license or certification to: (1) install well pumps and pumping equipment; and (2) install, repair, and modify pitless units and pitless adapters, well casings above the pitless unit or pitless adapter, well screens, and well diameters.
A person with a limited well/boring contractor's license or certification to construct, repair, and seal drive point wells and dug wells will be issued a well contractor's license or certification.
103G.231 PROPERTY OWNER'S USE OF PUBLIC WATERS WETLANDS.
A property owner may use the bed of public waters wetlands for pasture or cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not constructed; and
(2) the agricultural use does not result in the drainage of the public waters wetlands.
A landowner may fill a public waters wetland to accommodate wheeled booms on irrigation devices if the fill does not impede normal drainage.
Peat mining, as defined in section 93.461, is permitted subject to the mine permit and reclamation requirements of sections 93.44 to 93.51, and the rules adopted under those restrictions, except as provided for in sections 84.035 and 84.036.
103G.235 RESTRICTIONS ON ACCESS TO WETLANDS.
To protect the public health or safety, local units of government may by ordinance restrict public access to public waters wetlands from municipality, county, or township roads that abut public waters wetlands.
When a landowner creates a new wetland or restores a formerly existing wetland on private land that is adjacent to public land or a public road right-of-way, there is no public access to the created or restored wetland if posted by the landowner.
103G.2364 PROPERTY OWNER'S USE OF WETLANDS.
(a) A property owner may use the bed of wetlands for pasture or cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not constructed; and
(2) the agricultural use does not result in the drainage of the wetlands.
(b) A landowner may fill a wetland to accommodate wheeled booms on irrigation devices if the fill does not impede normal drainage.
103G.2365 CONTROLLING NOXIOUS WEEDS.
Noxious weeds, as defined in section 18.77, subdivision 8, must be controlled on wetlands as required in section 18.78.
103I.641 BORED GEOTHERMAL HEAT EXCHANGERS.
A person may not drill or construct an excavation used to install a bored geothermal heat exchanger unless the person is a limited well/boring contractor licensed for constructing, repairing, and sealing bored geothermal heat exchangers or a well contractor.
Bored geothermal heat exchangers must be constructed, maintained, and sealed under the provisions of this chapter.
(a) A bored geothermal heat exchanger may not be installed without first obtaining a permit for the bored geothermal heat exchanger from the commissioner. A limited well/boring contractor licensed for constructing, repairing, and sealing bored geothermal heat exchangers or a well contractor must apply for the permit on forms provided by the commissioner and must pay the permit fee.
(b) As a condition of the permit, the owner of the property where the bored geothermal heat exchanger is to be installed must agree to allow inspection by the commissioner during regular working hours of Department of Health inspectors.
103I.661 MINED UNDERGROUND SPACE DEVELOPMENT.
The commissioners of natural resources and health shall review all project plans that involve dewatering of underground formations for construction and operation of mined underground space to determine the effects of the proposal on the quality and quantity of underground waters in and adjacent to the areas where the mined underground space is to be developed.
A mined underground space project involving or affecting the quality and quantity of groundwater may not be developed until a water-use permit for the appropriation of waters under chapter 103G has been issued by the commissioner of natural resources.
103I.685 ABANDONMENT OF UNDERGROUND STORAGE PROJECT.
An underground storage project for which an underground storage permit is granted may not be abandoned, or a natural or artificial opening extending from the underground storage area to the ground surface be filled, sealed, or otherwise closed to inspection, except after written approval by the commissioner of natural resources and in compliance with conditions that the commissioner may impose.
103G.2372 ENFORCEMENT.
(a) The commissioner of natural resources, conservation officers, and peace officers shall enforce laws preserving and protecting groundwater quantity, wetlands, and public waters. The commissioner of natural resources, a conservation officer, or a peace officer may issue a cease and desist order to stop any illegal activity adversely affecting groundwater quantity, a wetland, or public waters.
(b) In the order, or by separate order, the commissioner, conservation officer, or peace officer may require restoration or replacement of the wetland or public waters, as determined by the local soil and water conservation district for wetlands and the commissioner of natural resources for public waters. Restoration or replacement orders may be recorded or filed in the office of the county recorder or registrar of titles, as appropriate, in the county where the real property is located by the commissioner of natural resources, conservation officers, or peace officers as a deed restriction on the property that runs with the land and is binding on the owners, successors, and assigns until the conditions of the order are met or the order is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee for any document filed under this section.
(c) If a court has ruled that there has not been a violation of the restoration or replacement order, an order may not be recorded or filed under this section.
(d) The commissioner must remove a deed restriction filed or recorded under this section on homesteaded property if the owner requests that it be removed and a court has found that the owner of the property is not guilty or that there has not been a violation of the restoration or replacement order. Within 30 days of receiving the request for removal from the owner, the commissioner must contact, in writing, the office of the county recorder or registrar of titles where the order is recorded or filed, along with all applicable fees, and have the order removed. Within 30 days of receiving notification from the office of the county recorder or registrar of titles that the order has been removed, the commissioner must inform the owner that the order has been removed and provide the owner with a copy of any documentation provided by the office of the county recorder or registrar of titles.
A violation of an order issued under subdivision 1 is a misdemeanor and must be prosecuted by the county attorney where the wetland or public waters are located or the illegal activity occurred.
The court may, as part of sentencing, require a person convicted under subdivision 2 to restore or replace the wetland or public waters, as determined by the local soil and water conservation district for wetlands and the commissioner of natural resources for public waters.
103I.691 CERTIFICATE OF USE.
A person may not use a gas or liquid storage reservoir under an underground storage permit unless the right to use the property affected by the project has been acquired and a notice of the acquisition filed with the commissioner of natural resources. The commissioner of natural resources must issue a certificate approving use of the gas or liquid storage reservoir.
103G.2374 ELECTRONIC TRANSMISSION.
For purposes of sections 103G.2212 to 103G.2372, notices and other documents may be sent by electronic transmission unless the recipient has provided a mailing address and specified that mailing is preferred.
103G.2375 ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN WATER ACT.
Notwithstanding any other law to the contrary, the Board of Water and Soil Resources, in consultation with the commissioners of natural resources, agriculture, and the Pollution Control Agency, may adopt or amend rules establishing a program for regulating the discharge of dredged and fill material into the waters of the state as necessary to obtain approval from the United States Environmental Protection Agency to administer, in whole or part, the permitting and wetland banking programs under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules may not be more restrictive than the program under section 404 or state law.
103I.711 IMPOUNDING OF EQUIPMENT.
The commissioner may apply to district court for a warrant authorizing seizure and impoundment of all drilling machines or hoists owned or used by a person. The court shall issue an impoundment order upon the commissioner's showing that a person is constructing, repairing, or sealing wells or borings or installing pumps or pumping equipment or excavating holes for installing elevator borings without a license as required under this chapter. A sheriff on receipt of the warrant must seize and impound all drilling machines and hoists owned or used by the person. A person from whom equipment is seized under this subdivision may file an action in district court for the purpose of establishing that the equipment was wrongfully seized.
The equipment must remain in the custody of the sheriff until the equipment is released under the order of a court or until the commissioner orders the sheriff to release the equipment.
103G.241 CONTRACTOR'S RESPONSIBILITY WHEN WORK AFFECTS PUBLIC WATERS.
An agent or employee of another may not construct, reconstruct, remove, or make a change in a reservoir, dam, or waterway obstruction on a public water or in any manner change or diminish the course, current, or cross section of public waters unless the agent or employee has:
(1) obtained a signed statement from the property owner stating that the permits required for the work have been obtained or a permit is not required; and
(2) mailed or electronically transmitted a copy of the statement to the regional office of the Department of Natural Resources where the proposed work is located.
Violation of this section is a separate and independent offense from other violations of this chapter.
The commissioner shall develop a form to be distributed to contractors' associations and county auditors to comply with this section. The form must include:
(1) a listing of the activities for which a permit is required;
(2) a description of the penalties for violating this chapter;
(3) the mailing addresses, electronic mail addresses, and telephone numbers of the regional offices of the Department of Natural Resources;
(4) a statement that water inventory maps completed according to section 103G.201 are on file with the auditors of the counties; and
(5) spaces for a description of the work and the names, mailing addresses, electronic mail addresses, and telephone numbers of the person authorizing the work and the agent or employee proposing to undertake it.