6.1. ERMUSR 09-20-2006/i
Elk River
Municip al Utilitie s
13069 Orono Parkway
Elk River, MN 55330
September 6, 2006
To: Elk River Municipal Utilities Commission
Jerry Takle
Jim Tralle
John Dietz
From: Bryan Adams
Subject: Conservation & Emergency Plan
~- phone: 763.441.2020
Fax: 763.941.8099
At our August 22, 2006 Elk River Municipal Utilities Commission meeting, the issue of ISD 728
utilizing existing or drilling new wells for lawn irrigation was discussed. The question is can a
property owner construct and use a well when Municipal Water System is available to the
property and where local ordinances prohibit such activity? The state plumbing code requires all
buildings that have Municipal Water available to cormect for domestic use. The plumbing code
does not address irrigation wells. Minnesota Statutes 103I.111 allow construction of wells and
takes precedence over local ordinances prohibiting well construction. This statue is attached for
your reference. In the case for irrigation use, the MDH issues the construction permit and the
DNR issues the ground water withdraw appropriation if greater than 1,000,000/year. After
numerous conversations with MDH &DNR personnel, it became obvious that not many of these
people were aware of this statues and how it complicates the required Wellhead Protection Plan
and Conversations & Emergency Management Plan. Discussion continues with the DNR as to
the appropriate appropriation level of ground water withdrawal.
On another related issue, the DNR is requiring us to amend our Water Emergency and
Conservation Plan because we have requested an increase in withdraw appropriation from 875
million gallons/year (MGY) to 1400 (MGY). Elk River authored its first plan in 1996 and
amended it in 2001. This plan verifies that the water suppliers are doing the necessary operation
and maintenance, future planning both capacity and financial, implements emergency planning
and response procedures and carry on conservation and education programs. Attached is our
revised plan for your review and approval. Typically, the DNR will review and approve this
plan while requesting more information or clarification.
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Minnesota Statutes 2005, 103I.111 ~„~ ,~ ~ Page 1 of 3
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Minnesota Statutes 2005, 1031.111
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
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Minnesota Statutes 2005 Table of chant ers
Table of contents for Chapter 1031
1031.111 Local authority over wells and borings.
subdivision 1. Delegation of duties of commissioner.
(a) The c ommissione r of heal th may ent er into an agreement with
a board o f health t o delegat e all or part of the inspecti on,
reporting , and enfo rcement duties auth on zed under provisions of
this chapter pertai Wing to permitting, construction, repair, and
seal i~ g o f wel 1 s and elevator borings .
(b) ,4 board of health may delegate its powers and duties to
other boa rds of hen 1 th within its j u ri sdi cti on . An agree ment to
delegate powers and duties of a board of health must be approved
by the co mmi ssi oner and i s subject to subdivision 3 .
Subd. 2. Delegation agreements. (a) ,ogre ements
authorized under this section must be i n writing and sign ed by
the del eg ati ng authority and the designated agent.
(b) The agreement must 1 i st cri teri a the delegating
authority wi 11 use to determine i f the designated agent's
performan ce meets appropriate standards and i s sufficient to
replace performance by the delegating authority.
(c) The agreement may spe ci fy minimum staff r equi remen is
and quali fications, set procedures for the assessment of costs,
and provi de for termination procedures if the delegating
authority finds that the designated ag ent fai 1 s to comply with
the agree ment.
(d) ,4 designated agent must not perform licensing,
inspection, or enfo rcement duties unde r the agre ement i n
terri tory outsi de i is jurisdiction unl ess approv ed by the
governing body for that territory thro ugh a sepa rate agre ement.
(e) The scope of agreements establ i shed under this sec ti on
i s 1 i mi to d to duties and res ponsi bi 1 i t i es agreed upon by the
parties . The agree ment may provide for automatic renewal and
for notice of intent to terminate by either party.
(f) Du ring the 1 i fe of the agreement, the del egati ng
authority shal 1 not perform duties that the desi gnated ag ent i s
requi red to perform under the agreemen t, except inspections
necessary to determine compl i ante with the agree ment and thi s
section o r as agreed to by the parties .
(g) The delegati ng authority shall consult wi th, advise,
and assi s t a desi gn ated agent i n the performance of its duties
under the agreement.
(h) This section does not alter the responsibility of the
delegating authority for the performan ce of duti es specified i n
law.
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Minnesota Statutes 2005, 103I.111
subd. 2a. Fees. Aboard of health under a d elegation
agreement with the commissio ner may ch arge permit and
notification fees, including a fee for well sealing, in excess
of the fe es specifi ed in sec tion 1031.208 if the fe es do not
exceed the total di rect and indirect costs to ad minister the
delegated duties.
subd. 2b. ordinance authority. A politi cal
subdivisi on may ado pt ordina nces to enforce and administer
powers and duties delegated under this section. The ordinances
may not b e inconsistent with or be less restrictive than
standards in state law or rule. ordin antes adop ted by th e
governing body of a statutory or home rule chart er city or town
may not b e inconsis tent with or be less restrictive than
ordinances adopted by the co unty board . The tom missioner shall
review ordinances proposed under a del egation ag reement. The
commissio ner shall approve ordinances if the tom missioner
determines the ordi nances are not into nsistent with and not less
restricts ve than the provisions of this chapter.
Subd. 2c. Permits. Aboard of health under a
delegation agreement with the commissio ner may re quire permits
in lieu o f the notifications required under sections 1031.205
and 1031.301.
subd. 3. Preemption unless delegation.
tvotwithst anding any other law, a political subdi vision may not
regulate the construction, repair, or sealing of wells or
borings unless the commissio ner delega tes authority under
subdivisi ons 1 and 2.
subd. 4. Local authority over exploratory boring.
This chap ter does not limit the authority of a local unit of
government to prohi bit mineral explora tion within its
boundaries, require permits from explo rers, or impose reasonable
requireme nts and fe es upon explorers, that are consistent with
other law.
subd. 5. Local government regulation of open wells and
recharging basins. (a) The governing body of a county,
municipality, statu tory or home rule charter tit y, or town may
regulate open wells and rech arging basins in a m anner not
inconsist ent with this chaps er and rules and may provide
penalties for the violations. The use or mainte Hance of an open
well or recharging basin that endangers the safety of a
considera ble number of perso ns may be defined as a public
nuisance and abated as a public nuisan ce.
(b) The abatement of the public nuisance may include
covering the open well or re charging basin or su rrounding the
open well or recharging basin with a p rotective fence.
subd. 6. unsealed wells are public health nuisances.
A well that is required to b e sealed under sects on 1031.301 but
is not se aled is a public he alth nuisa nce. A county may abate
the unsealed well with the same authority of aboard of health
to abate a public health nuisance under section 145A.04,
subdivision 8.
subd. 7. vocal license or registration fees prohibited.
(a) A political su bdivision may not require a licensed well
contractor to pay a license or registration fee.
(b) The commissi oner of health must provide a political
subdivision with a list of licensed we 11 contrac tors upon
request.
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Minnesota Statutes 2005, 103I.111 Page 3 of 3
subd. 8. Municipal regulation of drilling. A
municipality may re gulate all drilling, except well, elev ator
shaft, and explorat ory drilling that is subject to the
provisions of this chapter, above, in, through, and adjac ent to
subsurfac a areas designated for mined underground space
development and existing min ed underground space. The
regulatio ns may pro hibit, restrict, co ntrol, and require permits
for the drilling.
HIST: 1989 c 326 art 3 s 6; 1990 c 597 s 24-26; 1991 c 355 5
14-17; 2005 c 106 s 19, 20
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
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General questions or comments.
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