Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 355-H.F.No. 783 
           An act relating to health; lowering the fee for 
          licensed lawn service applicators; authorizing a 
          surcharge on sanitizers and disinfectants; abolishing 
          surcharges on pesticides that are less than $10; 
          changing certain reimbursement figures and deadlines 
          of the agricultural chemical response compensation 
          board; continuing integrated pest management and 
          groundwater research; appropriating money; amending 
          Minnesota Statutes 1990, sections 18E.03, subdivisions 
          4 and 5; 18E.04, subdivisions 4 and 5; 18E.05, 
          subdivision 3; 103I.005, subdivisions 2, 22, and by 
          adding a subdivision; 103I.101, subdivisions 2, 4, 5, 
          and 6; 103I.105; 103I.111, subdivisions 2a, 2b, 3, and 
          by adding a subdivision; 103I.205, subdivisions 1, 3, 
          4, 7, 8, and 9; 103I.208, subdivision 2; 103I.231; 
          103I.235; 103I.301, subdivision 1, and by adding a 
          subdivision; 103I.311, subdivision 3; 103I.331, 
          subdivision 2; 103I.525, subdivisions 1, 4, 8, and 9; 
          103I.531, subdivisions 5, 8, and 9; 103I.535, 
          subdivisions 8 and 9; 103I.541, subdivisions 4 and 5; 
          103I.545, subdivision 2; 103I.621, subdivision 3; 
          103I.701, subdivisions 1 and 4; 103I.705, subdivisions 
          2, 3, 4, and 5; and 103I.711, subdivision 1; repealing 
          Minnesota Statutes 1990, section 103I.005, subdivision 
          18. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 18E.03, 
subdivision 4, is amended to read: 
    Subd. 4.  [FEE THROUGH 1990.] (a) The response and 
reimbursement fee consists of the surcharge fees in this 
subdivision and shall be collected until March 1, 1991. 
    (b) The commissioner shall impose a surcharge on pesticides 
registered under chapter 18B to be collected as a surcharge on 
the registration application fee under section 18B.26, 
subdivision 3, that is equal to 0.1 percent of sales of the 
pesticide in the state and sales of pesticides for use in the 
state during the period April 1, 1990, through December 31, 
1990, except the surcharge may not be imposed on pesticides that 
are sanitizers or disinfectants as determined by the 
commissioner.  The registrant shall determine when and which 
pesticides are sold or used in this state.  The registrant shall 
secure sufficient sales information of pesticides distributed 
into this state from distributors and dealers, regardless of 
distributor location, to make a determination.  Sales of 
pesticides in this state and sales of pesticides for use in this 
state by out-of-state distributors are not exempt and must be 
included in the registrant's annual report, as required under 
section 18B.26, subdivision 3, paragraph (c), and fees shall be 
paid by the registrant based upon those reported sales.  Sales 
of pesticides in the state for use outside of the state are 
exempt from the surcharge in this paragraph if the registrant 
properly documents the sale location and the distributors. 
     (c) The commissioner shall impose a ten cents per ton 
surcharge on the inspection fee under section 18C.425, 
subdivision 6, for fertilizers, soil amendments, and plant 
amendments.  
     (d) The commissioner shall impose a surcharge on the 
license application of persons licensed under chapters 18B and 
18C consisting of: 
     (1) a $150 surcharge for each site where pesticides are 
stored or distributed, to be imposed as a surcharge on pesticide 
dealer application fees under section 18B.31, subdivision 5; 
     (2) a $150 surcharge for each site where a fertilizer, 
plant amendment, or soil amendment is distributed, to be imposed 
on persons licensed under sections 18C.415 and 18C.425; 
     (3) a $50 surcharge to be imposed on a structural pest 
control applicator license application under section 18B.32, 
subdivision 6, for business license applications only; 
      (4) a $20 surcharge to be imposed on commercial applicator 
license application fees under section 18B.33, subdivision 7; 
      (5) a $20 surcharge to be imposed on noncommercial 
applicator license application fees under section 18B.34, 
subdivision 5, except a surcharge may not be imposed on a 
noncommercial applicator that is a state agency, political 
subdivision of the state, the federal government, or an agency 
of the federal government; and 
    (6) a $50 $25 surcharge for licensed lawn service 
applicators under chapter 18B or 18C, to be imposed on license 
application fees. 
    (e) If a person has more than one license for a site, only 
one surcharge may be imposed to cover all the licenses for the 
site. 
    (f) A $1,000 fee shall be imposed on each site where 
pesticides are stored and sold for use outside of the state 
unless:  
    (1) the distributor properly documents that it has less 
than $2,000,000 per year in wholesale value of pesticides stored 
and transferred through the site; or 
    (2) the registrant pays the surcharge under paragraph (b) 
and the registration fee under section 18B.26, subdivision 3, 
for all of the pesticides stored at the site and sold for use 
outside of the state. 
    (g) Paragraphs (c) to (f) apply to sales, licenses issued, 
applications received for licenses, and inspection fees imposed 
on or after July 1, 1990. 
     Sec. 2.  Minnesota Statutes 1990, section 18E.03, 
subdivision 5, is amended to read: 
    Subd. 5.  [FEE AFTER 1990.] (a) The response and 
reimbursement fee for calendar years after calendar year 1990 
consists of the surcharges in this subdivision and shall be 
collected by the commissioner.  The amount of the response and 
reimbursement fee shall be determined and imposed annually as 
required under subdivision 3.  The amount of the surcharges 
shall be proportionate to the surcharges in subdivision 4.  
    (b) The commissioner shall impose a surcharge on pesticides 
registered under chapter 18B to be collected as a surcharge on 
the registration application fee under section 18B.26, 
subdivision 3, as a percent of gross sales of the pesticide in 
the state and sales of the pesticide for use in the state during 
the previous calendar year, except the surcharge may not be 
imposed on pesticides that are sanitizers or disinfectants as 
determined by the commissioner.  No surcharge is required if the 
surcharge amount based upon percent of annual gross sales is 
less than $10.  The registrant shall determine when and which 
pesticides are sold or used in this state.  The registrant shall 
secure sufficient sales information of pesticides distributed 
into this state from distributors and dealers, regardless of 
distributor location, to make a determination.  Sales of 
pesticides in this state and sales of pesticides for use in this 
state by out-of-state distributors are not exempt and must be 
included in the registrant's annual report, as required under 
section 18B.26, subdivision 3, paragraph (c), and fees shall be 
paid by the registrant based upon those reported sales.  Sales 
of pesticides in the state for use outside of the state are 
exempt from the surcharge in this paragraph if the registrant 
properly documents the sale locations and the distributors. 
     (c) The commissioner shall impose a fee per ton surcharge 
on the inspection fee under section 18C.425, subdivision 6, for 
fertilizers, soil amendments, and plant amendments.  
     (d) The commissioner shall impose a surcharge on the 
application fee of persons licensed under chapters 18B and 18C 
consisting of: 
     (1) a surcharge for each site where pesticides are stored 
or distributed, to be imposed as a surcharge on pesticide dealer 
application fees under section 18B.31, subdivision 5; 
     (2) a surcharge for each site where a fertilizer, plant 
amendment, or soil amendment is distributed, to be imposed on 
persons licensed under sections 18C.415 and 18C.425; 
      (3) a surcharge to be imposed on a structural pest control 
applicator license application under section 18B.32, subdivision 
6, for business license applications only; 
      (4) a surcharge to be imposed on commercial applicator 
license application fees under section 18B.33, subdivision 7; 
      (5) a surcharge to be imposed on noncommercial applicator 
license application fees under section 18B.34, subdivision 5, 
except a surcharge may not be imposed on a noncommercial 
applicator that is a state agency, a political subdivision of 
the state, the federal government, or an agency of the federal 
government; and 
    (6) a surcharge for licensed lawn service applicators under 
chapter 18B or 18C, to be imposed on license application fees. 
    (e) If a person has more than one license for a site, only 
one surcharge may be imposed to cover all the licenses for the 
site. 
    (f) A $1,000 fee shall be imposed on each site where 
pesticides are stored and sold for use outside of the state 
unless:  
    (1) the distributor properly documents that it has less 
than $2,000,000 per year in wholesale value of pesticides stored 
and transferred through the site; or 
    (2) the registrant pays the surcharge under paragraph (b) 
and the registration fee under section 18B.26, subdivision 3, 
for all of the pesticides stored at the site and sold for use 
outside of the state. 
    Sec. 3.  Minnesota Statutes 1990, section 18E.04, 
subdivision 4, is amended to read: 
    Subd. 4.  [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 
a person that is eligible for reimbursement or payment under 
subdivisions 1, 2, and 3 from the agricultural chemical response 
and reimbursement account for:  
    (1) 90 percent of the total reasonable and necessary 
corrective action costs greater than $1,000 and less than or 
equal to $100,000; and 
    (2) 100 percent of the total reasonable and necessary 
corrective action costs equal to or greater than $100,000 but 
less than or equal to $200,000.  
    (b) A reimbursement or payment may not be made until the 
board has determined that the costs are reasonable and are for a 
reimbursement of the costs that were actually incurred. 
    (c) The board may make periodic payments or reimbursements 
as corrective action costs are incurred upon receipt of invoices 
for the corrective action costs. 
    (d) Money in the agricultural chemical response and 
reimbursement account is appropriated to the commissioner to 
make payments and reimbursements directed by the board under 
this subdivision.  
    Sec. 4.  Minnesota Statutes 1990, section 18E.04, 
subdivision 5, is amended to read: 
    Subd. 5.  [REIMBURSEMENT OR PAYMENT DECISIONS.] (a) The 
board may issue a letter of intent on whether a person is 
eligible for payment or reimbursement.  The letter is not 
binding on the board. 
    (b) The board must issue an order granting or denying a 
request within 30 days following the board meeting at which the 
board votes to grant or deny a request for reimbursement or for 
payment under subdivision 1, 2, or 3. 
    (c) After an initial request is made for reimbursement, 
notwithstanding subdivisions 1 to 4, the board may deny 
additional requests for reimbursement. 
    (d) If a request is denied, the eligible person may appeal 
the decision as a contested case hearing under chapter 14. 
    Sec. 5.  Minnesota Statutes 1990, section 18E.05, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROCEDURES.] The board must issue an order 
granting or denying a request within 30 days of receipt of a 
completed application unless the applicant and the commissioner 
agree to a longer time period. receive a completed application 
at least 30 days before a board meeting in order for a request 
for reimbursement or payment to be considered at that meeting, 
unless the applicant and the commissioner agree to a longer time 
period.  The board may waive the 30-day requirement if it 
determines that undue financial hardship to the applicant will 
result if action is delayed until the next regular meeting.  The 
board must act upon a completed application request at the next 
regular board meeting, unless additional information is required 
from the applicant or the commissioner.  If the board denies 
reimbursement or payment, its decision may be appealed in a 
contested case proceeding under chapter 14. 
    Sec. 6.  Minnesota Statutes 1990, section 103I.005, 
subdivision 2, is amended to read: 
    Subd. 2.  [BORING.] "Boring" means a hole or excavation 
that is not used to extract water and includes exploratory 
borings and, environmental bore holes, vertical heat exchangers, 
and elevator shafts. 
    Sec. 7.  Minnesota Statutes 1990, section 103I.005, 
subdivision 22, is amended to read: 
    Subd. 22.  [WELL DISCLOSURE CERTIFICATE.] "Well disclosure 
certificate" means a certificate containing the requirements of 
section 103I.235, subdivision 1, paragraph (e). 
    Sec. 8.  Minnesota Statutes 1990, section 103I.005, is 
amended by adding a subdivision to read: 
    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. 
    Sec. 9.  Minnesota Statutes 1990, section 103I.101, 
subdivision 2, is amended to read: 
    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 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.  
    Sec. 10.  Minnesota Statutes 1990, section 103I.101, 
subdivision 4, is amended to read: 
    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. 
    Sec. 11.  Minnesota Statutes 1990, section 103I.101, 
subdivision 5, is amended to read: 
    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; and 
    (v) persons installing well pumps or pumping equipment and 
excavating holes for installing elevator shafts or hydraulic 
cylinders; 
    (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) modification of fees prescribed in this chapter, 
according to the procedures for setting fees in section 16A.128; 
    (8) establishment of standards for the construction, 
maintenance, sealing, and water quality monitoring of wells in 
areas of known or suspected contamination, for which the 
commissioner may adopt emergency rules; 
    (9) establishment of wellhead protection measures for wells 
serving public water supplies; 
    (10) establishment of procedures to coordinate collection 
of well data with other state and local governmental agencies; 
and 
    (11) 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 
    (12) 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. 
    Sec. 12.  Minnesota Statutes 1990, section 103I.101, 
subdivision 6, is amended to read: 
    Subd. 6.  [FEES FOR VARIANCES.] The commissioner shall 
charge a nonrefundable application fee of $100 to cover the 
administrative cost of processing a request for a variance or 
modification of rules under Minnesota Rules, chapter 4725, for 
wells and borings adopted by the commissioner under this chapter.
    Sec. 13.  Minnesota Statutes 1990, section 103I.105, is 
amended to read: 
    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 15 17 voting members.  Of the 
15 17 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 licensed exploratory borer; 
    (5) one member must be a licensed elevator shaft 
contractor; 
    (6) two members must be members of the public who are not 
connected with the business of exploratory boring or the 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 from the board of water and soil resources 
appointed by its chair; 
    (10) one member must be a monitoring well contractor; and 
    (9) (11) six members must be residents of this state 
appointed by the commissioner, who are actively engaged in the 
well drilling industry, 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. 
    (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, 
except section 15.059, subdivision 5, relating to expiration of 
the advisory council does not apply.  
    Sec. 14.  Minnesota Statutes 1990, section 103I.111, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [FEES.] A board of health under a delegation 
agreement with the commissioner may charge permit and 
notification fees, including a fee for well sealing, in excess 
of the fees specified in section 103I.208 if the fees do not 
exceed the total direct and indirect costs to administer the 
delegated duties.  
    Sec. 15.  Minnesota Statutes 1990, section 103I.111, 
subdivision 2b, is amended to read: 
    Subd. 2b.  [ORDINANCE AUTHORITY.] A political subdivision 
may adopt ordinances to enforce and administer powers and duties 
delegated under this section.  The ordinances may not conflict 
be inconsistent with or be less restrictive than standards in 
state law or rule.  Ordinances adopted by the governing body of 
a statutory or home rule charter city or town may not conflict 
be inconsistent with or be less restrictive than ordinances 
adopted by the county board.  The commissioner shall review 
ordinances proposed under a delegation agreement.  The 
commissioner shall approve ordinances if the commissioner 
determines the ordinances are not inconsistent with and not less 
restrictive than the provisions of this chapter.  
    Sec. 16.  Minnesota Statutes 1990, section 103I.111, is 
amended by adding a subdivision to read: 
    Subd. 2c.  [PERMITS.] A board of health under a delegation 
agreement with the commissioner may require permits in lieu of 
the notifications required under sections 103I.205 and 103I.301. 
    Sec. 17.  Minnesota Statutes 1990, section 103I.111, 
subdivision 3, is amended to read: 
    Subd. 3.  [PREEMPTION UNLESS DELEGATION.] Notwithstanding 
any other law, a political subdivision may not regulate 
the permitting, construction, repair, or sealing of wells or 
elevator shafts unless the commissioner delegates authority 
under subdivisions 1 and 2.  
    Sec. 18.  Minnesota Statutes 1990, section 103I.205, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NOTIFICATION REQUIRED.] (a) Except as 
provided in paragraphs (d) and (e), a person may not construct a 
well until a notification of the proposed well on a form 
prescribed by the commissioner is filed with the commissioner 
with the filing fee in section 103I.208.  If after filing the 
well notification an attempt to construct a well is 
unsuccessful, a new notification is not required unless the 
information relating to the successful well has substantially 
changed.  
    (b) The property owner, the property owner's agent, or the 
well contractor where a well is to be located must file the well 
notification with the commissioner.  
    (c) The well notification under this subdivision preempts 
local permits and notifications, and counties or home rule 
charter or statutory cities may not require a permit or 
notification for wells unless the commissioner has delegated the 
permitting or notification authority under section 103I.111.  
    (d) A person who is an individual that constructs a drive 
point well on property owned or leased by the individual for 
farming or agricultural purposes or as the individual's place of 
abode must notify the commissioner of the installation and 
location of the well.  The person must complete the notification 
form prescribed by the commissioner and mail it to the 
commissioner by ten days after the well is completed.  A fee may 
not be charged for the notification.  A person who sells drive 
point wells at retail must provide buyers with notification 
forms and informational materials including requirements 
regarding wells, their location, construction, and disclosure.  
The commissioner must provide the notification forms and 
informational materials to the sellers.  
    (e) A person may not construct a monitoring well or 
dewatering well until a permit for the monitoring well is issued 
by the commissioner for the construction.  If after obtaining a 
permit an attempt to construct a well is unsuccessful, a new 
permit is not required as long as the initial permit is modified 
to indicate the location of the successful well. 
    Sec. 19.  Minnesota Statutes 1990, section 103I.205, 
subdivision 3, is amended to read: 
    Subd. 3.  [MAINTENANCE PERMIT.] (a) Except as provided 
under paragraph (b), a well that is not in use and is inoperable 
must be sealed or have a maintenance permit. 
    (b) If a monitoring well or a dewatering well is not sealed 
by 14 months after completion of construction, the owner of the 
property on which the well is located must obtain and annually 
renew a maintenance permit from the commissioner. 
    Sec. 20.  Minnesota Statutes 1990, section 103I.205, 
subdivision 4, is amended to read: 
    Subd. 4.  [LICENSE REQUIRED.] (a) Except as provided in 
paragraph (b), (c), or (d), or (e), a person may not drill, 
construct, or repair, or seal a well unless the person has a 
well contractor's license in possession.  
    (b) A person may construct a monitoring well if the person: 
    (1) is a professional engineer registered under sections 
326.02 to 326.15 in the branches of civil or geological 
engineering, or hydrologists; 
    (2) is a hydrologist or hydrogeologists hydrogeologist 
certified by the American Institute of Hydrology, any; 
    (3) is a professional engineer registered with the board of 
architecture, engineering, land surveying, or landscape 
architecture, or; 
    (4) is a geologist certified by the American Institute of 
Professional Geologists, and registers; or 
    (5) meets the qualifications established by the 
commissioner in rule. 
     A person must register with the commissioner as a 
monitoring well contractor on forms provided by the commissioner.
    (c) A person may do the following work with a limited well 
contractor's license in possession.  A separate license is 
required for each of the five activities:  
    (1) installing or repairing well screens or pitless units 
or pitless adaptors and well casings from the pitless adaptor or 
pitless unit to the upper termination of the well casing; 
    (2) constructing, repairing, and sealing drive point wells 
or dug wells; 
    (3) installing well pumps or pumping equipment; 
    (4) sealing wells; or 
    (5) constructing, repairing, or sealing dewatering wells.  
    (d) Notwithstanding other provisions of this chapter 
requiring a license or registration, a license or registration 
is not required for a person who complies with the other 
provisions of this chapter if the person is:  
    (1) an individual who constructs a well on land that is 
owned or leased by the individual and is used by the individual 
for farming or agricultural purposes or as the individual's 
place of abode; or 
    (2) an individual who performs labor or services for a well 
contractor licensed or registered under the provisions of this 
chapter in connection with the construction, sealing, or repair 
of a well or sealing a well boring at the direction and at under 
the personal supervision of a well contractor licensed or 
registered under the provisions of this chapter.  
    Sec. 21.  Minnesota Statutes 1990, section 103I.205, 
subdivision 7, is amended to read: 
    Subd. 7.  [WELL IDENTIFICATION LABEL REQUIRED.] After a 
well has been constructed, the person constructing the well must 
attach a label to the well showing the unique well number, the 
depth of the well, the name of the person who constructed the 
well, and the date the well was constructed. 
    Sec. 22.  Minnesota Statutes 1990, section 103I.205, 
subdivision 8, is amended to read: 
    Subd. 8.  [MONITORING WELLS ON PROPERTY OF ANOTHER.] A 
person may not construct or have constructed a monitoring well 
for the person's own use on the property of another until the 
owner of the property on which the well is to be located and the 
intended well owner user sign a written agreement that 
identifies which party will be responsible for 
obtaining maintenance all permits or filing notification, paying 
applicable fees and for sealing the monitoring well.  If the 
property owner refuses to sign the agreement, the intended well 
owner user may, in lieu of a written agreement, state in writing 
to the commissioner that the well owner user will be responsible 
for obtaining maintenance permits, filing notification, paying 
applicable fees, and sealing the well.  Nothing in this 
subdivision eliminates the responsibilities of the property 
owner under this chapter, or allows a person to construct a well 
on the property of another without consent or other legal 
authority. 
    Sec. 23.  Minnesota Statutes 1990, section 103I.205, 
subdivision 9, is amended to read: 
    Subd. 9.  [REPORT OF WORK.] (a) Within 30 days after 
completion or sealing of a well or boring, the person doing the 
work must submit a verified report to the commissioner on forms 
provided by the commissioner containing the information 
specified by rules adopted under this chapter. 
    (b) The report must contain:  
    (1) the name and address of the owner of the well and the 
actual location of the well; 
    (2) a log of the materials and water encountered in 
connection with drilling the well, and pumping tests relating to 
the well; and 
    (3) other information the commissioner may require 
concerning the drilling or sealing of the well.  
    (c) Within 30 days after receiving the report, the 
commissioner shall send a copy of the report to the commissioner 
of natural resources, to the local soil and water conservation 
district where the well is located, and to the director of the 
Minnesota geological survey.  
    Sec. 24.  Minnesota Statutes 1990, section 103I.208, 
subdivision 2, is amended to read: 
    Subd. 2.  [PERMIT FEE.] The permit fee to be paid by a 
property owner is:  
    (1) for a well that is inoperable or disconnected from a 
power supply not in use under a maintenance permit, $50 
annually; 
    (2) for construction of a monitoring well, $50; 
    (3) annually for a monitoring well that is unsealed under a 
maintenance permit, $50 annually; 
    (4) for monitoring wells used as a leak detection device at 
a single motor fuel retail outlet or petroleum bulk storage site 
excluding tank farms, the construction permit fee is $50 per 
site regardless of the number of wells constructed on the site, 
and the annual fee for a maintenance permit for unsealed 
monitoring wells is $50 per site regardless of the number of 
monitoring wells located on site; 
    (5) for a groundwater thermal exchange device, in addition 
to the notification fee for wells, $50; 
    (6) for a vertical heat exchanger, in addition to the 
permit fee for wells, $50; 
    (7) for construction of the dewatering well, $50 for each 
well except a dewatering project comprising more than ten wells 
shall be issued a single permit for the wells recorded on the 
permit for $500; and 
    (8) annually for a dewatering well that is unsealed under a 
maintenance permit, $25 annually for each well, except a 
dewatering project comprising more than ten wells shall be 
issued a single permit for $250 annually for wells recorded on 
the permit for $250. 
    Sec. 25.  Minnesota Statutes 1990, section 103I.231, is 
amended to read: 
    103I.231 [COMMISSIONER MAY ORDER REPAIRS.] 
    (a) The commissioner may order the a property owner of a 
well to take remedial measures, including making repairs, 
reconstructing, or sealing the a well or boring according to 
rules of the commissioner 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 the rules of the commissioner 
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 is located.  
    Sec. 26.  Minnesota Statutes 1990, section 103I.235, is 
amended to read: 
    103I.235 [SALE OF PROPERTY WHERE WELLS ARE LOCATED.] 
    Subdivision 1.  [DISCLOSURE OF WELLS TO BUYER.] (a) Before 
signing an agreement to sell or transfer real property, the 
seller must disclose in writing to the buyer information about 
the status and location of all known wells on the property, by 
delivering to the buyer either a statement by the seller that 
the seller does not know of any wells on the property, or a 
disclosure statement indicating the legal description and 
county, and a map drawn from available information showing the 
location of each well to the extent practicable.  In the 
disclosure statement, the seller must indicate, for each well, 
whether the well is in use, not in use, or sealed.  
    (b) At the time of closing of the sale, the disclosure 
statement information, name and mailing address of the buyer, 
and the quartile, section, township, and range in which each 
well is located must be provided on a well disclosure 
certificate signed by the seller or a person authorized to act 
on behalf of the seller. 
    (c) A well certificate need not be provided if the closing 
occurs before November 1, 1990, or the seller does not know of 
any wells on the property and the deed or other instrument of 
conveyance contains the statement:  "The Seller certifies that 
the Seller does not know of any wells on the described real 
property."  
   (d) If a deed is given pursuant to a contract for deed, the 
well disclosure certificate required by this subdivision shall 
be signed by the buyer or a person authorized to act on behalf 
of the buyer.  If the buyer knows of no wells on the property, a 
well disclosure certificate is not required if the following 
statement appears on the deed followed by the signature of the 
grantee or, if there is more than one grantee, the signature of 
at least one of the grantees:  "The Grantee certifies that the 
Grantee does not know of any wells on the described real 
property."  The statement and signature of the grantee may be on 
the front or back of the deed or on an attached sheet and an 
acknowledgment of the statement by the grantee is not required 
for the deed to be recordable. 
    (e) This subdivision does not apply to the sale, exchange, 
or transfer of real property:  
    (1) that consists solely of a sale or transfer of severed 
mineral interests; or 
    (2) that consists of an individual condominium unit as 
described in chapters 515 and 515A. 
    (f) For an area owned in common under chapter 515 or 515A 
the association or other responsible person must report to the 
commissioner by July 1, 1992, the location and status of all 
wells in the common area.  The association or other responsible 
person must notify the commissioner within 30 days of any change 
in the reported status of wells. 
    (g) For real property sold by the state under section 
92.67, the lessee at the time of the sale is responsible for 
compliance with this subdivision. 
    (c) (h) If the seller fails to provide a required well 
disclosure certificate, the buyer, or a person authorized to act 
on behalf of the buyer, may sign a well disclosure certificate 
based on the information provided on the disclosure statement 
required by this section or based on other available information.
    (d) (i) A county recorder or registrar of titles may not 
record a deed or other instrument of conveyance dated after 
October 31, 1990, for which a certificate of value is required 
under section 272.115, or any deed or other instrument of 
conveyance dated after October 31, 1990, from a governmental 
body exempt from the payment of state deed tax, unless the deed 
or other instrument of conveyance either contains the statement 
"The Seller certifies that the Seller does not know of any wells 
on the described real property," made in accordance with 
paragraph (c) or (d) of this subdivision or is accompanied by 
the well disclosure certificate containing all the information 
required by paragraph (b) or (d) of this subdivision.  The 
county recorder or registrar of titles shall note on each deed 
or other must not accept a certificate unless it contains all 
the required information.  The county recorder or registrar of 
titles shall note on each deed or other instrument of conveyance 
accompanied by a well disclosure certificate that the well 
disclosure certificate was received.  The notation must include 
the statement "No wells on property" if the disclosure 
certificate states there are no wells on the property.  The well 
disclosure certificate shall not be filed or recorded in the 
records maintained by the county recorder or registrar of 
titles.  After noting "No wells on property" on the deed or 
other instrument of conveyance, the county recorder or registrar 
of titles shall destroy or return to the buyer the well 
disclosure certificate.  The county recorder or registrar of 
titles shall collect from the buyer or the person seeking to 
record a deed, a fee of $10 for receipt of a completed well 
disclosure certificate for filing.  By the tenth day of each 
month, the county recorder or registrar of titles shall transmit 
the well disclosure certificate certificates to the commissioner 
of health within 15 days after receiving the well certificate.  
By the tenth day after the end of each calendar quarter, the 
county recorder or registrar of titles shall transmit to the 
commissioner of health $7.50 of the fee for each well disclosure 
certificate received during the quarter.  The commissioner shall 
maintain the well disclosure certificate for at least six 
years.  The commissioner may store the certificate as an 
electronic image.  A copy of that image shall be as valid as the 
original. 
    (j) No new well disclosure certificate is required on 
property unless the status or numbers of wells on the property 
has changed from the last previously filed well disclosure 
certificate. 
    (e) (k) The commissioner in consultation with county 
recorders shall prescribe the form for a well disclosure 
certificate and provide well disclosure certificate forms to 
county recorders and registrars of titles and other interested 
persons. 
    (f) (l) 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.  
    Subd. 2.  [LIABILITY FOR FAILURE TO DISCLOSE.] Unless the 
buyer and seller agree to the contrary, in writing, before the 
closing of the sale, a seller who fails to disclose the 
existence or known status of a well at the time of sale and knew 
or had reason to know of the existence or known status of the 
well, is liable to the buyer for costs relating to sealing of 
the well and reasonable attorney fees for collection of costs 
from the seller, if the action is commenced within six years 
after the date the buyer closed the purchase of the real 
property where the well is located. 
    Sec. 27.  Minnesota Statutes 1990, section 103I.301, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WELLS.] (a) A well property owner must 
have a well sealed if:  
    (1) the well is contaminated; 
    (2) the well was attempted to be sealed but was not sealed 
according to the provisions of this chapter; or 
    (3) the well 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 that is inoperable not in use must be sealed 
unless the well property owner has a maintenance permit for the 
well.  
    (c) The well property owner must have a well contractor or 
limited well sealing contractor seal a well consistent with 
provisions of this chapter. 
     Sec. 28.  Minnesota Statutes 1990, section 103I.301, is 
amended by adding a subdivision to read: 
    Subd. 6.  [NOTIFICATION REQUIRED.] A person may not seal a 
well until a notification of the proposed sealing is filed as 
prescribed by the commissioner. 
    Sec. 29.  Minnesota Statutes 1990, section 103I.311, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROHIBITION ON STATE LAND PURCHASED WITHOUT WELL 
IDENTIFICATION.] The state may not purchase or sell real 
property or an 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.  For real property sold by the state under 
section 92.67, the lessee at the time of the sale is responsible 
for compliance under this subdivision.  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. 
     Sec. 30.  Minnesota Statutes 1990, section 103I.331, 
subdivision 2, is amended to read: 
    Subd. 2.  [CRITERIA FOR SELECTING COUNTIES FOR WELL 
SEALING.] (a) The board of water and soil resources, in 
selecting counties for participation, shall consult with the 
commissioners of natural resources, the pollution control 
agency, and health, and the director of the Minnesota geological 
survey, and must consider appropriate criteria including the 
following:  
    (1) diversity of well construction; 
    (2) diversity of geologic conditions; 
    (3) current use of affected aquifers; 
    (4) diversity of land use; and 
    (5) aquifer susceptibility to contamination by unsealed 
wells.  
    (b) After July 1, 1991, only well sealings that are a part 
of, or responsive to, the following are eligible for assistance: 
    (1) the priority actions identified in an approved 
comprehensive local water plan, as defined in section 103B.3363, 
subdivision 3, are eligible for assistance; or 
    (2) a plan that is undergoing local review and comment as 
described in section 103B.255, subdivision 8. 
    Sec. 31.  Minnesota Statutes 1990, section 103I.525, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION.] (a) A person must file an 
application and application fee with the commissioner to apply 
for a well contractor's license.  
    (b) The application must state the applicant's 
qualifications for the license, the equipment the applicant will 
use in the contracting, and other information required by the 
commissioner.  The application must be on forms prescribed by 
the commissioner.  
    (c) A person may apply as an individual if the person: 
    (1) is not the licensed well contractor representing a 
firm, sole proprietorship, partnership, association, 
corporation, or other entity including the United States 
government, any interstate body, the state and agency, 
department or political subdivision of the state; and 
    (2) meets the well contractor license requirements 
under provisions of this chapter and Minnesota Rules, chapter 
4725. 
    Sec. 32.  Minnesota Statutes 1990, section 103I.525, 
subdivision 4, is amended to read: 
    Subd. 4.  [ISSUANCE OF LICENSE.] If an applicant meets the 
experience requirements established by rule, passes the 
examination as determined by the commissioner, submits the bond 
under subdivision 5, and pays the license fee under subdivision 
6, the commissioner shall issue a well contractor's license.  
    Sec. 33.  Minnesota Statutes 1990, section 103I.525, 
subdivision 8, is amended to read: 
    Subd. 8.  [RENEWAL.] (a) A licensee must file an 
application and a renewal application fee to renew the license 
by the date stated in the license.  
    (b) The renewal application fee shall be set by the 
commissioner under section 16A.128.  
    (c) The renewal application must include information that 
the applicant has met continuing education requirements 
established by the commissioner by rule.  
    (d) At the time of the renewal, the commissioner must have 
on file all properly completed well reports, well sealing 
reports, reports of excavations to construct elevator shafts, 
well permits, and well notifications for work conducted by the 
licensee since the last license renewal. 
    Sec. 34.  Minnesota Statutes 1990, section 103I.525, 
subdivision 9, is amended to read: 
    Subd. 9.  [INCOMPLETE OR LATE RENEWAL APPLICATION.] If a 
licensee submits a fails to submit all information required for 
renewal in subdivision 8 or submits the application and 
information after the required renewal date: 
    (1) the licensee must include an additional late fee set by 
the commissioner under section 16A.128; and 
    (2) the licensee may not conduct activities authorized by 
the well contractor's license until the renewal application, 
renewal application fee, and late fee, and all other information 
required in subdivision 8 are submitted. 
     Sec. 35.  Minnesota Statutes 1990, section 103I.531, 
subdivision 5, is amended to read: 
    Subd. 5.  [BOND.] (a) As a condition of being issued a 
limited well contractor's license for constructing, repairing, 
and sealing drive point wells or dug wells, sealing wells, or 
constructing, repairing, and sealing dewatering wells, the 
applicant must submit a corporate surety bond for $10,000 
approved by the commissioner.  As a condition of being issued a 
limited well contractor's license for installing or repairing 
well screens or pitless units or pitless adaptors and well 
casings from the pitless adaptor or pitless unit to the upper 
termination of the well casing, or installing well pumps or 
pumping equipment, the applicant must submit a corporate surety 
bond for $2,000 approved by the commissioner.  The bond bonds 
required in this paragraph must be conditioned to pay the state 
on unlawful performance of work regulated by this chapter in 
this state.  The bond is bonds are in lieu of other license 
bonds required by a political subdivision of the state.  
    (b) From proceeds of the bond a bond required in paragraph 
(a), the commissioner may compensate persons injured or 
suffering financial loss because of a failure of the applicant 
to properly perform work or duties. 
    Sec. 36.  Minnesota Statutes 1990, section 103I.531, 
subdivision 8, is amended to read: 
    Subd. 8.  [RENEWAL.] (a) A person must file an application 
and a renewal application fee to renew the limited well 
contractor's license by the date stated in the license.  
    (b) The renewal application fee shall be set by the 
commissioner under section 16A.128.  
    (c) The renewal application must include information that 
the applicant has met continuing education requirements 
established by the commissioner by rule.  
    (d) At the time of the renewal, the commissioner must have 
on file all properly completed well sealing reports, well 
permits, and well notifications for work conducted by the 
licensee since the last license renewal. 
    Sec. 37.  Minnesota Statutes 1990, section 103I.531, 
subdivision 9, is amended to read: 
    Subd. 9.  [INCOMPLETE OR LATE RENEWAL APPLICATION.] If a 
licensee submits a fails to submit all information required for 
renewal in subdivision 8 or submits the application and 
information after the required renewal date: 
    (1) the licensee must include an additional late fee set by 
the commissioner under section 16A.128; and 
    (2) the licensee may not conduct activities authorized by 
the limited well contractor's license until the renewal 
application, renewal application fee, and late fee, and all 
other information required in subdivision 8 are submitted. 
    Sec. 38.  Minnesota Statutes 1990, section 103I.535, 
subdivision 8, is amended to read: 
    Subd. 8.  [RENEWAL.] (a) A person must file an application 
and a renewal application fee to renew the license by the date 
stated in the license.  
    (b) The renewal application fee shall be set by the 
commissioner under section 16A.128.  
    (c) The renewal application must include information that 
the applicant has met continuing education requirements 
established by the commissioner by rule.  
    (d) At the time of renewal, the commissioner must have on 
file all reports and permits for elevator shaft work conducted 
by the licensee since the last license renewal. 
    Sec. 39.  Minnesota Statutes 1990, section 103I.535, 
subdivision 9, is amended to read: 
    Subd. 9.  [INCOMPLETE OR LATE RENEWAL APPLICATION.] If a 
licensee submits a fails to submit all information required for 
renewal in subdivision 8 or submits the application and 
information after the required renewal date: 
    (1) the licensee must include an additional late fee set by 
the commissioner under section 16A.128; and 
    (2) the licensee may not conduct activities authorized by 
the elevator shaft contractor's license until the renewal 
application, renewal application fee, and late fee, and all 
other information required in subdivision 8 are submitted. 
    Sec. 40.  Minnesota Statutes 1990, section 103I.541, 
subdivision 4, is amended to read: 
    Subd. 4.  [RENEWAL.] (a) A person must file an application 
and a renewal application fee to renew the registration by the 
date stated in the registration.  
    (b) The renewal application fee shall be set by the 
commissioner under section 16A.128.  
    (c) The renewal application must include information that 
the applicant has met continuing education requirements 
established by the commissioner by rule.  
    (d) At the time of the renewal, the commissioner must have 
on file all well reports, well sealing reports, well permits, 
and notifications for work conducted by the registered person 
since the last registration renewal. 
    Sec. 41.  Minnesota Statutes 1990, section 103I.541, 
subdivision 5, is amended to read: 
    Subd. 5.  [INCOMPLETE OR LATE RENEWAL APPLICATION.] If a 
registered person submits a renewal application after the 
required renewal date: 
    (1) the registered person must include an additional late 
fee set by the commissioner under section 16A.128; and 
    (2) the registered person may not conduct activities 
authorized by the monitoring well contractor's registration 
until the renewal application, renewal application fee, and late 
fee, and all other information required in subdivision 4 are 
submitted. 
    Sec. 42.  Minnesota Statutes 1990, section 103I.545, 
subdivision 2, is amended to read: 
    Subd. 2.  [PUMP HOIST.] (a) A person may not use a machine 
such as a pump hoist for an activity requiring a license or 
registration 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 $50 registration fee.
    (c) A registration is valid for one year.  
    Sec. 43.  Minnesota Statutes 1990, section 103I.621, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONSTRUCTION REQUIREMENTS.] (a) Withdrawal and 
reinjection for the groundwater thermal exchange device must be 
accomplished by a closed system in which the waters drawn for 
thermal exchange do not have contact or commingle with water 
from other sources or with polluting material or substances.  
The closed system must be constructed to allow an opening for 
inspection by the commissioner.  
    (b) Wells that are part of a groundwater thermal exchange 
system may not serve another function, except water may be 
supplied to the domestic water system if: 
    (1) the supply is taken from the thermal exchange system 
ahead of the heat exchange unit; and 
    (2) the water discharges to a break tank through an air gap 
that is at least twice the effective diameter of the water inlet 
to the tank domestic water system is protected by an airgap or 
backflow prevention device as described in rules relating to 
plumbing enforced by the commissioner. 
    (c) A groundwater thermal exchange system may be used for 
domestic water heating only if the water heating device is an 
integral part of the heat exchange unit that is used for space 
heating and cooling. 
    Sec. 44.  Minnesota Statutes 1990, section 103I.701, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DENIAL OF LICENSE OR, REGISTRATION, OR 
RENEWAL.] (a) The commissioner may deny an application for 
renewal of a license or registration if the applicant has 
violated a provision of this chapter.  
    (b) The commissioner may refuse renewal for failure to 
submit a well report, or well sealing report, or failure to 
report an excavation to construct an elevator shaft, or failure 
to obtain a well permit before construction is a violation of 
this chapter and the commissioner may refuse renewal, failure to 
file a notification, or failure to obtain continuing education 
credit. 
    Sec. 45.  Minnesota Statutes 1990, section 103I.701, 
subdivision 4, is amended to read: 
    Subd. 4.  [CORRECTIVE ORDERS.] (a) The commissioner may 
issue corrective orders for persons to comply with the 
provisions of this chapter.  The corrective order must state the 
deficiencies that constitute the violation, the specific statute 
or rule violated, and the time period in which the deficiencies 
must be corrected. 
    (b) If the person believes that the information contained 
in the order is in error, the person may ask the commissioner to 
reconsider those parts of the order that the person alleges to 
be in error.  The person shall submit the request in writing to 
the commissioner within seven days after receipt of the order.  
The request must specify which parts of the order are alleged to 
be in error and provide documentation to support the allegation 
of the error.  The commissioner shall respond to requests within 
15 calendar days after receipt of the request.  
    (c) A request for reconsideration does not stay the 
corrective order; however, after reviewing the request for 
reconsideration, the commissioner may provide additional time to 
comply with the order.  The commissioner's disposition of a 
request for reconsideration is final.  
    (d) If a deficiency specified in a corrective order has not 
been corrected within the specified time period, the 
commissioner shall issue a notice of noncompliance which 
identifies each uncorrected deficiency and assesses the 
administrative penalty for the deficiency authorized in section 
103I.705. 
    Sec. 46.  Minnesota Statutes 1990, section 103I.705, 
subdivision 2, is amended to read: 
    Subd. 2.  [SEALING WELLS, BORINGS, AND ELEVATOR SHAFTS.] A 
well contractor or limited well sealing contractor who seals a 
well, elevator shaft or boring, a monitoring well contractor who 
seals a monitoring well or environmental borehole, or a well 
contractor or an elevator shaft contractor who seals a hole that 
was used for an elevator shaft under a corrective order of the 
commissioner in a manner that does not comply with rules adopted 
under this chapter, shall be assessed an administrative penalty 
of $500.  
    Sec. 47.  Minnesota Statutes 1990, section 103I.705, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTAMINATION RELATING TO WELL OR BORING 
CONSTRUCTION AND LOCATION.] A well contractor, limited well 
contractor, elevator shaft contractor, or monitoring well 
contractor working under a corrective order of the commissioner 
who fails to comply with the rules adopted under this chapter 
relating to location of wells in relation to potential sources 
of contamination or borings, grouting, materials, or 
construction techniques shall be assessed an administrative 
penalty of $500.  
    Sec. 48.  Minnesota Statutes 1990, section 103I.705, 
subdivision 4, is amended to read: 
    Subd. 4.  [WELL CONSTRUCTION AND MACHINERY.] A well 
contractor, limited well contractor, elevator shaft contractor, 
or monitoring well contractor working under a corrective order 
shall be assessed an administrative penalty of $250 if the 
contractor fails as required in the order:  
    (1) to have a plan review approved before a well is 
constructed; construct a well without if a plan review is 
required; 
    (2) to have a permit or to file notification before a well 
is constructed; 
    (3) to register a drilling rig machine or pump rig hoist or 
to display the state decal and the registration number on the 
machine; or 
    (4) to comply with the rules in the water well construction 
code adopted under the provisions of this chapter relating to 
disinfection of wells and submission of well construction or 
well sealing logs and water samples. 
    Sec. 49.  Minnesota Statutes 1990, section 103I.705, 
subdivision 5, is amended to read: 
    Subd. 5.  [FALSE INFORMATION.] A person under a corrective 
order shall be assessed an administration penalty of $250 if the 
person:  
    (1) fails to disclose or falsifies information about the 
status and location of wells on property before signing an 
agreement of sale or transfer of the property; or 
    (2) fails to disclose or falsifies information on a 
well disclosure certificate.  
    Sec. 50.  Minnesota Statutes 1990, section 103I.711, 
subdivision 1, is amended to read: 
    Subdivision 1.  [IMPOUNDMENT.] If The commissioner issues 
an order finding 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 shafts or hydraulic cylinders without a 
license or registration as required under this chapter,.  A 
sheriff on receipt of the order warrant must seize and impound 
equipment of 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. 
    Sec. 51.  [WATER WELL COMPLIANCE IN CERTAIN CASES.] 
    (a) When substantial alterations or improvements are made 
to an existing agricultural chemical facility in Steele county, 
a variance for a water well may not be denied if: 
    (1) the well existed and was in use by the operators of the 
agricultural chemical facility prior to the alterations or 
improvements; 
    (2) the well is a minimum of 50 feet from facilities where 
agricultural chemicals are stored or handled; and 
    (3) the alterations or improvements are installed with 
safeguards as defined in Minnesota Statutes, section 18B.01, 
subdivision 26. 
    (b) Water from the existing well shall be tested 
semiannually for nitrates, pesticides, and other volatile 
organic compounds.  The testing must be paid for by the owner of 
the well. 
    Sec. 52.  [DEPARTMENT COMPLEMENT.] 
    The complement of the department of health is increased by 
one full-time equivalent. 
    Sec. 53.  [APPROPRIATION.] 
    $400,000 is appropriated from the general fund to the 
regents of the University of Minnesota to continue the 
integrated pest management and research by agricultural 
experiment stations on the impact of agriculture on groundwater 
funded by Laws 1989, chapter 326, article 10, section 1, 
subdivision 9.  $200,000 is for fiscal year 1992 and $200,000 is 
for fiscal year 1993.  This appropriation is available only if 
matched by the University of Minnesota in an amount determined 
by the commissioner of finance to be adequate to maintain these 
activities at the fiscal year 1991 level. * (This section was 
vetoed by the governor.) 
    Sec. 54.  [REPEALER.] 
    Minnesota Statutes 1990, section 103I.005, subdivision 18, 
is repealed. 
    Sec. 55.  [EFFECTIVE DATE.] 
    Section 26, subdivision 1, paragraph (j), takes effect 
January 1, 1993.  Section 51 is effective the day following 
final enactment and shall expire on June 1, 1994. 
    Presented to the governor June 3, 1991 
    Signed by the governor June 4, 1991, 9:52 p.m.