Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General.
A. The commissioner
shall grant a variance to any provision of this chapter according to the
procedures and criteria specified in parts 4717.7000 to 4717.7050.
B. A person requesting a variance must submit
a written request on a form prescribed by the commissioner, along with the
nonrefundable fee as required in Minnesota Statutes, chapter 103I.
C. A variance application for a well or
boring located in the jurisdiction of a delegated program must be submitted,
along with the fee as specified in Minnesota Statutes, chapter 103I, to the
commissioner. The delegated program may require a separate application and
fee.
D. A variance must be applied
for and granted prior to commencing the activity for which the variance is
requested.
E. An application
submitted without the information required by this part and parts 4717.7000 to
4717.7050 shall be denied 18 months after the date received by the
commissioner.
F. Construction, and
the conditions of a granted variance, must be completed within 18 months of
variance approval or the variance is void, unless conditions of the variance
specify otherwise.
Subp.
2.
Requests for construction, repair, or sealing
variance.
In addition to the information required in part 4717.7000,
subpart 2, the applicant must submit to the commissioner, in writing, the
following information for a request to vary a construction, repair, or sealing
provision related to wells or borings in parts 4725.2010 to 4725.7450:
A. the location of the well or boring in
terms of the township number, range number, section number, three-quarter
sections, and the street address if assigned;
B. the unique number, if assigned;
C. the name, address, and telephone number of
the contractor doing work, the property owner, and the well owner;
D. a scaled map showing the location of the
well or boring in relation to all property lines, structures, utilities, and
contamination sources cited in part 4725.4450;
E. the proposed depth of the well or
boring;
F. the casing type, its
diameter, and its depth;
G. a
description of the method of construction, grout materials, and method of
emplacement;
H. a description of
the anticipated geologic conditions;
I. the depth to water, pumping rate, number
of persons served by the well, and a description of the use of the well;
and
J. information on special
construction methods, safety measures, or precautions proposed to protect
public health, safety, and the environment.
Subp. 3.
Additional standards for
variance request from isolation distance.
In addition to the information in subparts 1 and 2, a variance
request to part 4725.4450 must include:
A. information on special construction
methods or precautions proposed to prevent contamination of the well and
groundwater;
B. a description of
the age, design, size, and type of construction of any existing or potential
contamination source as specified in part 4725.4450;
C. any testing, inspection, or certification
data and the name and address of the person supplying the data;
D. information on soil type from a soil
survey, percolation test, or soil boring report; and
E. a copy of any review of contamination
sources done by a local or state unit of government under other applicable
regulations.
Subp. 4.
Additional standards for variance to be placed on a deed.
In addition to the information in subparts 1 and 2, a variance
to be placed on a real property deed must include:
A. the complete name(s) of the fee owner(s)
as the name(s) appears on the deed;
B. the property identification
number;
C. the Torrens certificate
number if the property is Torrens property; and
D. the legal property description.
Subp. 5.
Emergency
variances.
A variance may be verbally granted by the commissioner in an
emergency where a delay in starting work poses an immediate and significant
danger to health or safety.
A. The
person applying for the variance must submit a completed application and fee to
the commissioner prior to receiving approval.
B. Verbal approval must be given by the
commissioner prior to starting construction.
C. Construction must be according to
conditions verbally reported.
D.
The emergency variance shall be void if construction is not started within 72
hours of verbal approval.
E. All
construction and location standards in this chapter, except those specifically
modified under the variance, shall apply to wells and borings constructed under
an emergency variance.
F. The
commissioner shall not issue an emergency variance to persons who have violated
the emergency variance requirements.
Statutory Authority: MS s
14.05;
103I.101;
103I.111;
103I.205;
103I.221;
103I.301;
103I.401;
103I.451;
103I.501;
103I.525;
103I.531;
103I.535;
103I.541;
103I.621;
144.05;
144.12;
144.122;
144.383;
157.04; 157.08; 157.09; 157.13
