§ 48.260. Wells.

(a) Where not previously defined, terminology used in this section shall have the meanings given in Minnesota Statutes, Section 103I.05 and Minnesota Rules, Chapter 4725.

(b)

No person shall construct, modify or reconstruct any well without first having filed a well construction application and receiving written approval from a licensed well inspector for the City of Minneapolis. Interim verbal approval may be given, provided the permit application is submitted by the applicant within five (5) days of verbal approval. The permit must note that verbal approval was given and the date of such approval. For each type of well to be constructed, modified or reconstructed including, but not limited to: monitoring wells; recovery/remediation wells; domestic drinking water wells; nontransient, noncommunity public water supply wells; air cooling wells; industrial wells; noncommunity public supply well, or irrigation wells, the applicant shall pay the permit fee(s) required by section 48.310 to the authority. This fee is in addition to the state core function fee as established in Minnesota Statutes, Section 103I.208, Subd. 1a.

(c)

Any person that owns a monitoring well, a recovery well/remedial well, a commercial water supply well, a water supply well, or an out of service well within the city shall register each well with the authority and pay the authority the annual registration fee(s) required by section 48.310.

(d)

No person shall seal any well without first filing a well sealing application, receiving written approval from a licensed well inspector for the City of Minneapolis and paying the authority all permit fee(s) required by section 48.310 for all wells including, but not limited to monitoring wells; recovery/remediation wells; domestic drinking water wells; nontransient, noncommunity public water supply wells; air cooling wells; industrial wells; noncommunity public supply well, or irrigation wells. The fee is in addition to the state core function fee as established in Minnesota Statutes, Section 103I.208, Subd. 1a. Interim verbal approval may be given, provided the permit application is submitted by the applicant within five (5) days of verbal approval. The permit must note that verbal approval was given and the date of such approval.

(e)

No person shall construct and seal a temporary monitoring well without notification to the authority by filing a well sealing application, receiving written approval from a licensed well inspector for the City of Minneapolis and paying the authority all permit fees required pursuant to section 48.310. The permit fee shall be in addition to the state core function fee as established in Minnesota Statutes, Section 103I.208, Subd. 1a. Interim verbal approval may be given, provided the permit application is submitted by the applicant within five (5) days of verbal approval. The permit must note that verbal approval was given and the date of such approval.

(f)

No person shall damage, tamper, or take any action that compromises the functionality or integrity of a wellhead protection device. Any earthwork, construction, demolition, or other activity conducted within a wellhead protection area that has the potential to damage wellhead protection devices or disturb wellhead protection areas and thereby open a portal of entry and cause contamination or create a risk of contamination shall constitute a violation of this chapter.

(g)

A request for a variance from specific requirements of the standards contained in Minnesota Rules, Chapter 4725 must be reviewed by the State Commissioner of Health pursuant to Minnesota Rules, Chapter 4717.7000. If the request for variance is approved by the Commissioner of Health, the city shall allow construction, reconstruction or sealing of the well pursuant to the conditions of the Commissioner's approval.

(h)

For wells for which no owner information can be located by the authority, the owner of the property on which the well is located shall become responsible for the well. Such responsibility shall include, but not be limited to, registration and proper sealing.

(i)

Any person that owns a well that has received a sealing variance from the Minnesota Department of Health within the city shall register each well with the authority and pay the authority the annual registration fee(s) required by section 48.310 until such time that the well has been sealed, without variance, pursuant to Minn. Rules Chapter 4725. (2002-Or-169, § 25, 11-8-02; 2010-Or-045, § 2, 4-30-10; Ord. No. 2016-026 , § 19, 4-1-16)