LICENSING AND REGISTRATION
4725.0475 ACTIVITIES REQUIRING LICENSURE OR REGISTRATION.
Minnesota law requires that a person who constructs, repairs, or seals a well or boring have a license or
registration from the MDH. The “person” who is licensed or registered is the business entity, usually a
corporation, limited liability partnership, or other legal entity. Each licensed or registered entity must
have at least one person (certified representative) to act on behalf of the business (licensee or registrant).
The representative must meet certain requirements for education and/or experience in order to become
certified, and must annually obtain continuing education. The licensee or registrant (company) must
maintain a bond, register all drilling machines and hoists used for regulated work, and annually renew the
license or registration.
Subpart 1. Activity requiring licensure or registration. Except for those persons
exempted under Minnesota Statutes, section 103I.205, subdivision 4, paragraph
(e), a person must hold a license or registration to:
A copy of Minnesota Statutes, Chapter 103I (2008), is located in the appendix. The law allows a
person to construct a well (without being licensed) on property owned or leased by the individual if the
well is used for farming, agricultural purposes, or to supply water to the residence [see Minnesota
Statutes, section 103I.205, subdivision 4 (e)]. This does not allow the person to drill a well or boring for
any other purpose. For example, a property owner cannot construct their own monitoring well, or a well
for a business. The law also clarifies that someone working for (an employee of) a licensed or registered
contractor does not have to be licensed if the contractor is licensed or registered. The law requires that all
construction be in conformance with the law and rules whether the well is personally constructed by a
certified representative, an employee of a licensed contractor, or a property owner.
These rules regulate the construction, repair, and sealing of wells and borings as these terms are defined
in statute and rule. Other excavations in the ground, which are sometimes referred to as “wells” or
“borings” are not regulated unless they meet the definitions. Cathodic protection holes, footing holes,
caissons, and gravel exploration holes are not regulated by these rules. However, it is recommended that
the rules be followed. Holes drilled to explore or prospect for oil, natural gas, apatite, diamonds, graphite,
gemstones, kaolin clay, or metallic minerals are regulated as exploratory borings under Minnesota Rules,
Chapter 4727.
LICENSE OR REGISTRATION NOT REQUIRED
A well or boring license or registration is not required to:
● Prime a pump
● Repair a pump which has been removed from a well;
● Repair a jet pump or turbine motor where the pump is not directly attached to a casing;
● Obtain a water sample from a well;
● Fill in a well pit as long as the well casing has been extended above ground or the well has been
sealed and the well pit is not a dug well; or
● Install protective posts around a monitoring well or other type of well.
105
A. construct, repair, modify, or seal a well or boring;
A person licensed or registered to construct a particular type of well or boring may seal that type of well
or boring.
B. construct or seal a vertical heat exchanger or groundwater thermal
exchange device;
C. construct, repair, or seal an elevator boring;
D. install a well pump or pumping equipment;
A person licensed or registered to construct a particular type of well may install a pump in that type of
well.
A license or registration is required to install and remove a well pump or pumping equipment, including
jet pumps.
E. install, modify, or remove a screen, pitless unit, or pitless adapter; or
A license is also required to remove a screen, pitless unit, or pitless adapter.
F. modify or materially affect the yield, water quality, diameter, depth, or
casing of a well or boring including:
(1) attachment of water conditioning or other devices to the casing of the well
or boring;
(2) chemical treatment of the well or boring with acid or other chemicals;
(3) development or stimulation of a well or boring including the use of
explosives or hydrofracturing; or
(4) termination of a monitoring well, environmental bore hole, remedial well,
or dewatering well casing at-grade, including installation or modification of the
protective manhole or vault as required in part 4725.6850.
Modify or materially affect the yield includes: development, stimulation, hydrofracturing, blasting and
bailing, gravel packing, chemical or other in-well treatment, cleaning out debris or fill, redrilling a well or
boring, installation or removal of a pump, or grouting a portion or all of a well or boring.
Modify or materially affect the water quality includes: addition of chemicals on a one-time basis or on
a regular or continuous basis; attaching or connecting water conditioning or treatment devices to a well or
boring; or attaching devices to inject air, reinject water, or add or remove other materials.
Modify or materially affect the diameter, depth, or casing includes: addition or removal of casing,
screen, or pitless; drilling or redrilling the well or boring; connecting devices to the casing; welding onto
or drilling, cutting into the casing, including drilling or cutting to attach electrical grounding devices.
Persons may do the activities in subitems (1) through (3) on the type of well or boring they are licensed or
registered to construct and seal. In addition, licensed pump installers and well screen/pitless installers may
also do these activities.
106
A well contractor license is not required to attach a water conditioning device to the water discharge line
outside the casing. However, this is regulated under the plumbing licensing program of the DLI. A
licensed or registered well contractor must make any connection into a well. Installation of in-well
treatment devices on public water-supply wells must be approved by the MDH. In-well treatment
devices, such as pellet chlorinators, are not recommended to be installed on public or private water-supply
wells.
The rules do not specify standards for the operation, design, or maintenance of water conditioning
devices. The rules do regulate who may attach them to a well or boring and how that attachment is made.
This requirement also applies to other devices or connections to the casing such as electrical grounds.
An unlicensed person, including an electrician, cannot legally drill holes into, or otherwise modify, a
casing. The practice of drilling a hole into the casing to attach a ground wire for a submersible pump is
prohibited. All modifications and connections to a casing must be made by a licensed or registered well or
boring contractor.
Chemical treatment, including chlorination, must be done by a licensed person. Except that, chlorination
of a public well may be done by the operator of the public system, and the owner and resident of a
property with a well used to supply the residence or used for farming may chemically treat the well.
Development is the process of removing drilling fluids, formation fines, and mineral materials smaller
than a screen opening in order to produce a clear water sample, increase yield and stabilize the screen.
Development must be done by a licensed or registered contractor.
A pumping test is done to measure hydrologic properties. Only licensed or registered contractors may
install a pump to conduct a pumping test. However, a license is not required to operate a pump or to
measure water levels.
A stabilization test is done after a well is developed and periodically records parameters in order to
obtain a water sample representative of the aquifer.
A stabilization test may be conducted by an unlicensed person to the extent that a pump is turned on or off
and water samples are collected. A stabilization test is not done to remove fines or drilling fluid. A
licensed or registered contractor must install or remove a pump or modify a well or boring.
Hydrofracturing or “hydrofracing” is the process of pressurizing a rock formation to create, connect, or
widen fractures which will increase water yield.
Subp. 2. Exceptions to licensure or registration. Nothing in this part shall
prohibit:
A. a person from placing a water sampling device including a well pump or
pumping equipment in a monitoring well or remedial well to obtain a water sample
if the device is immediately removed after the sample is collected;
This exemption does not allow an unlicensed or unregistered person to develop a well or to install a pump
for water supply purposes or pump testing.
“Immediately removed” means that the sampling device is placed in the well, a sample is removed, or a
number of samples are removed during a single sampling event, and the sampling device is removed. The
person placing the sampling device in the well is responsible for replacement of the well cap or seal.
107
B. a plumber or plumbing contractor from installing and servicing a water
service pipe according to chapter 4715, from the source of supply;
A plumber may install and service a water service line between a well and a building, according to the
Minnesota Plumbing Code, part 4715.1710. A plumber may not install, repair, or service a pitless unit or
adapter or any portion of the casing. A plumber may not install or repair a well pump or pumping
equipment.
C. a water conditioning contractor from installing water conditioning
equipment within a building according to chapter 4715;
The Minnesota Plumbing Code, parts 4715.5000 to 4715.6000 prescribe minimum standards and
procedures for water conditioning.
This exemption does not apply to attachment of water conditioning devices to the casing. In-well
treatment devices such as pellet chlorinators are not recommended to be installed, however, if they are,
the installation must be done by a licensed well contractor.
D. a limited well/boring contractor from repairing, installing a pump or
pumping equipment, or repairing or sealing a well that the limited well/boring
contractor is licensed to construct; and
Subpart 4 of this rule part explains the limited license activities. Also, see the licensing summary after
Minnesota Rules, part 4725.1800.
E. a water-supply system operator certified under chapter 9400 or the owner of
a transient, noncommunity water system from disinfecting the public well they are
directly responsible for, according to part 4725.5550.
Water-supply system operators for community and nontransient noncommunity systems are certified by
the MDH Drinking Water Protection Section, under Minnesota Rules, Chapter 9400.
Subp. 3. Well contractor license. A person must be licensed as a well contractor
to:
A. construct, repair, modify, or seal a well or boring except exploratory
borings;
Exploratory borings (drilling done to prospect for oil, natural gas, apatite, diamonds, graphite,
gemstones, kaolin clay, or metallic minerals) must be done by a licensed explorer. A well contractor may
not drill exploratory borings without an explorer's license. Minnesota Rules, Chapter 4727, explains the
requirements to obtain an explorer's license.
108
B. install a pump or pumping equipment; and
C. any of the activities in subpart 1, item F.
The summary after Minnesota Rules, part 4725.1800 explains which activities can be performed with
each license or registration.
Subp. 4. Limited well/boring contractor licenses. A person performing any of the
activities in items A to F must have either a well contractor's license or have a
separate limited well/boring contractor license for each of the limited licensure
areas listed in items A to F:
A. limited licensure to construct, repair, modify as specified in subpart 1, item
F, or seal a dug well or drive-point well;
B. limited licensure to install, modify, or repair screens, pitless units or
adapters, and casings from the frost line or pitless unit or adapter to the upper
termination of the casing;
C. limited licensure to install a well pump or pumping equipment, or any of the
activities in subpart 1, item F, subitems (1) and (2);
A well contractor or pitless license is required to install an underground connection (pitless). A pump
installer may not install a pitless or otherwise modify the casing, unless the person also holds a pitless
license.
PLUMBING AND WELL WORK
Prior to 2007, a plumbing license was required only in cities with populations of 5,000 or more.
Amendments to the plumbing licensing law in 2007 required that any person doing plumbing anywhere in
the state must have a plumbing license. The law established a restricted license with an application
process that sunsetted in 2008. However, an amendment to the law opened the application process for two
weeks in October 2009. The law has required that a person who does plumbing have a plumbing bond.
“Plumbing” is defined as water and sewer piping and fixtures within the property boundaries. As such,
well discharge lines and yard hydrants are included in the definition of plumbing.
The well rules regulate a water discharge line from the well to the pump controls. The well rules do not
regulate additional waterlines or plumbing fixtures such as yard hydrants, faucets, or stock waterers. As
such, the DLI and the Minnesota Plumbing Board have determined that a MDH licensed and bonded well
contractor may install a water discharge line up to a pressure tank or 2 feet inside a building if there is no
pressure tank, and are not required to have a plumbing bond or license. However, the Plumbing Board and
the DLI have determined that installation of frost-proof yard hydrants, other fixtures, or other waterlines
must be done by a licensed plumber. Laws of Minnesota 2010, Chapter 384 exempts a licensed and
bonded well contractor or limited well/boring contractor from the plumbing license and bond for
installing water service pipe from a well to a pressure tank or a frost-free water hydrant with an antisiphon
device which is located entirely outside of a structure requiring potable water, or a temporary shut-off
valve on a well water service pipe for a period not to exceed six months. This law is only effective for one
year and does not go into effect until January 1, 2012. This information about well and plumbing work is
current as of the date of publication. Recent legislation, rules, and the DLI should be consulted.
109
D. limited licensure to seal wells or borings, remove obstructions from a well or
boring before sealing, remove or perforate casing before sealing, or other
activities to seal a well or boring, except that a drive point well or dug well
contractor may seal a dug well or drive-point well, a dewatering well contractor
may seal a dewatering well, an elevator boring contractor may seal an elevator
boring, a vertical heat exchanger contractor may seal a vertical heat exchanger,
and a monitoring well contractor may seal a monitoring well or environmental
bore hole;
E. limited licensure to construct, repair, seal, or modify as specified in subpart
1, item F, a dewatering well; or
F. limited licensure to construct, repair, seal, or modify as specified in subpart
1, item F, a vertical heat exchanger.
Subp. 5. Elevator boring contractor license. A person must have an elevator
boring contractor's license or a well contractor's license to construct, repair, or
seal an elevator boring.
An elevator boring is a bore hole, jack hole, drilled hole, or excavation constructed to install a hydraulic
cylinder for an elevator. It does not include cable elevators without a hydraulic cylinder, the chase the
elevator car rides in, or hydraulic cylinders or lifts for other purposes such as automobile lifts at service
stations. By definition, “holeless” or “limited-access” hydraulic elevators are also not regulated if the
depth of the excavation including the pit and jack hole is less than 10 feet below the lowest landing of the
elevator.
Subp. 6. Monitoring well contractor registration. A person must be either
licensed as a well contractor or registered as a monitoring well contractor to:
A. construct, repair, modify, or seal monitoring wells or environmental bore
holes; or
B. install pumps in monitoring wells.
A person with a limited license to install a well pump or pumping equipment may
install pumps in monitoring wells.
Subp. 7. Individual well contractor license. A person who is licensed as an
individual well contractor must meet the requirements for licensure for a well
contractor, except the requirements for a bond as specified in part 4725.1250.
A person licensed as an individual well contractor must annually renew the license and obtain continuing
education but is not required to carry a bond. This “I” license is obtained by persons who want to “back
up” a certified representative in the company in case the person leaves or is incapable of representing the
company, for future conversion to represent a licensee, or sometimes for retired persons who wish to
maintain credentials. Conversion from an “I” to a representative can be done simply by completing an
application. An individual well contractor may not perform well contracting work.
110
A table summarizing the certification and license requirements plus a step-by-step summary of the
licensing process is located after Minnesota Rules, part 4725.1800.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I531; 103I.535; 103I.541;. 103I.621; 144.05;
144.12; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 17 SR 2773; 25 SR 1207; 33 SR 211
4725.0500 [Repealed, 17 SR 2773]
4725.0550 CERTIFIED REPRESENTATIVE OR INDIVIDUAL WELL
CONTRACTOR.
Subpart 1. Qualification application for certification to represent a licensee,
registrant, or to be an individual well contractor. Anyone applying to be certified
as a representative of a licensee or registrant, or an individual well contractor,
must submit to the commissioner a properly completed qualification application.
The applicant must submit written documentation of the experience required in
part 4725.0650. Written documentation includes, but is not limited to, well or
boring construction or sealing records, letters from employers verifying
employment, and work reports.
This is a “qualification” application for a person (applicant) who wishes to be certified to represent a
well contractor (licensee) or monitoring well contractor (registrant), or to become an individual well
contractor. The “applicant” for certification is a human being. The licensee or registrant is a business
entity such as partnership, corporation or other business. If the applicant pays the qualification fee, meets
the minimum qualification requirements, and passes the exam, the person becomes certified. If the person
wishes to become an individual well contractor, an individual license application is then filled out, and a
fee submitted. If the person wants to represent a well contractor (licensee) or monitoring well contractor
(registrant), the certified representative’s name must be included on the license or registration application
or renewal for the contractor.
A certification/licensing summary is located after Minnesota Rules, part 4725.0800.
Each licensed or registered firm must have at least one certified representative, but may have more than
one.
At this time, there is no fee to renew the certification of the representative. There is a fee to renew the
license or registration of the contracting firm (licensee or registrant), or to renew an individual well
contractor license.
Subp. 2. [Repealed, 18 SR 1222]
111
Subp. 3. Qualifications, responsibilities, requirements. A certified representative
and individual well contractor must have honesty and integrity.
A. The certified representatives, or the individual well contractor, must be
named on the license or registration for the licensee or registrant.
B. A certified representative must not represent more than one licensee or
registrant.
If the licensee is a company or business, the licensee (company) must have at least one certified
representative (human being who meets the qualification requirements). The individual license only
relates to the “well contractor” license, not the limited or other licenses.
C. The certified representative must:
(1) supervise work to assure compliance with this chapter;
(2) complete and sign permit applications, notifications, variance
applications, construction records, and sealing records; and
(3) be responsible for conducting all operations under the representative's
supervision and as delegated by the licensee or registrant according to this
chapter and Minnesota Statutes, chapter 103I.
The certified representative who signs the permit or notification is responsible for the well or boring.
If a well or boring is subcontracted from a licensed or registered contractor to another licensed or
registered contractor, the contractor who filed the notification or permit is responsible to the MDH for the
well or boring including, submission of records, samples, and compliance with the law and rules.
D. The certified representative and individual well contractor must annually
complete the continuing education requirements in part 4725.1650.
All certified representatives and individual well contractors must obtain two hours of MDH-provided or
MDH-sponsored continuing education each year to maintain certification. Certified representatives of
well contractors and monitoring well contractors must obtain an additional four hours of continuing
education meeting the criteria established in these rules (Minnesota Rules, part 4725.1675).
If a licensee or registrant (company) has more than one certified representative, each representative must
complete the continuing education requirements if they wish to maintain their certification and continue
to represent the licensee or registrant.
Subp. 4. Loss of certified representative. When a certified representative no
longer works for the registrant or licensee, the registrant or licensee must inform
the commissioner within five days of that fact. If a licensee or registrant has only
one certified representative and the representative no longer works for the
registrant or licensee, the registrant or licensee must name an acting
representative until a representative who meets the requirements in
parts 4725.0550 to 4725.1025 is certified by the commissioner. The licensee or
112
registrant may operate with an acting representative for no more than 150 days.
The acting representative must notify the commissioner during business hours, a
minimum of 24 hours prior to commencing work, of the proposed starting time of
each well or boring construction or sealing.
A certified representative may leave a licensee or registrant through retirement, change of job, or death.
There are no minimum qualifications or exam requirements for a person to serve as an acting
representative. Because the acting representative may have little experience, the rule requires the acting
representative to notify the MDH prior to performing work so that an inspector may be present.
STAT AUTH: MS s 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; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 17 SR 2773; 18 SR 1222; 33 SR 211
4725.0600 [Repealed, 15 SR 78]
4725.0650 EXPERIENCE REQUIREMENTS, CERTIFIED
REPRESENTATIVE AND INDIVIDUAL WELL CONTRACTOR.
The experience requirements, license/registration process, and license/registration types are summarized
after Minnesota Rules, part 4725.1800.
The term “under the supervision of a licensed contractor” means that the applicant gained experience
under a contractor who is (or was) licensed or registered in Minnesota to construct the type of well or
boring that the applicant is applying for a license or registration to construct.
Subpart 1. Well contractor certified representative and individual well
contractor. Anyone applying to be certified as a representative of a well contractor
or to be an individual well contractor must have four years of experience. A year
of experience is a year in which the applicant personally, and under the
supervision of a licensed well contractor:
A year of experience is a calendar year.
In order to qualify, the applicant must have personally constructed water-supply wells, sealed watersupply wells, and installed pumps in water-supply wells. Supervision does not qualify. The applicant must
have personally constructed at least ten water-supply wells each year, in four different years, operating
the drilling machine and directing the construction of the well. The applicant must be able to document
the work. The MDH will review well records, ask for references and verification, and conduct inspection
of wells reported as drilled. A “licensed well contractor” refers to a (full) well contractor licensed by the
MDH.
Experience in the state of Minnesota prior to January 1, 1973, which was not under the supervision of a
licensed contractor may apply if the experience can be documented. Experience outside the state may
qualify if the experience is comparable to Minnesota (subpart 9) and the experience can be documented.
113
The MDH will contact the other state(s) to verify experience, licensing, and compliance. Well education
gained at a technical/vocational or other school may qualify (as detailed below). The applicant should
contact the MDH.
A. worked for a minimum of 1,000 hours. The applicant’s 1,000 hours of
experience must include drilling water-supply wells, grouting, sealing wells,
repairing wells, installing pumps, disinfecting wells, and completing well
construction and sealing records; and
B. constructed a minimum of ten water-supply wells; or.
C. constructed at least one or more multiple cased water-supply wells with an
outer casing diameter of ten inches or more and a well depth or cumulative depth
of 700 feet or more.
An applicant with experience prior to 2006 must have constructed a minimum of
five water-supply wells per year.
In previous years, the rules required only five wells per year to qualify. This provision allows older
experience to be “grandfathered.”
An applicant shall be deemed to have one year of experience if the applicant has
successfully completed one year of education in well construction practices at an
accredited college, university, or post-secondary institution. An applicant shall be
deemed to have up to a maximum of two years of experience if the applicant has
successfully completed an associate or technical degree in well construction
practices at an accredited college, university, or post-secondary institution.
A limited number of colleges offer education in well construction practices. Staples Technical College in
Minnesota formerly provided a program, but no longer does so. Some current programs include: “Well
Construction Technology,” at Southwest Mississippi Community College, Summit, Mississippi; and
“Resources Drilling and Blasting Technician,” Fleming College School of Environmental and Natural
Resource Sciences, Lindsay, Ontario, Canada.
Supervision is not considered equivalent to personally doing the work.
Subp. 2. Monitoring well contractor certified representative. Anyone applying to
be certified as a representative of a monitoring well contractor must meet the
requirements in items A to C, or meet the requirements in item D.
A. The applicant must be:
(1) a professional engineer licensed by the Minnesota State Board of
Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,
and Interior Design according to Minnesota Statutes, sections 326.02 to 326.15;
A registered professional engineer (PE) in any discipline may qualify. Registration in another state is not
an equivalent qualification.
114
(2) a hydrologist or hydrogeologist certified by the American Institute of
Hydrology; or
(3) a geologist certified by the American Institute of Professional Geologists,
or a geoscientist licensed by the Minnesota State Board of Architecture,
Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior
Design under Minnesota Statutes, sections 326.02 to 326.15.
The American Institute of Hydrology and the American Institute of Professional Geologists are private
national organizations that establish minimum education and experience qualifications to “certify”
hydrologists and geologists. These certifications are independent of geoscientist licensing in Minnesota.
Registration as a geologist, hydrologist, or hydrogeologist in another state or by other organizations is not
equivalent qualification. It should be noted that anyone providing Geoscience services as defined in
Minnesota Statutes, section 326.02, must be licensed by the Minnesota State Board of Architecture,
Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design.
B. The applicant must have three years of experience. A year of experience is a
year in which the applicant worked a minimum of 500 hours in construction,
repair, and sealing of monitoring wells, or environmental bore holes including
design, field supervision, or actual construction.
C. The applicant must have designed, field supervised, or actually constructed
50 monitoring wells or environmental bore holes.
There are two options to qualify for certification to represent a monitoring well contractor. The method
detailed in A through C above requires a professional accreditation and allows design or supervision of
construction. The “hands-on” method of D below requires that the applicant personally has drilled
monitoring wells.
D. The applicant must have three years of experience in construction, repair,
and sealing of monitoring wells and environmental bore holes. A year of
experience is a year in which the applicant, personally and under the supervision
of a registered monitoring well contractor or licensed well contractor, constructed
a minimum of 20 monitoring wells or environmental bore holes, of which at least
five must be monitoring wells, and constructed, sealed, and repaired monitoring
wells or environmental bore holes for 1,000 hours.
Subp. 3. Limited well/boring contractor certified representative; drive point
wells or dug wells. Anyone applying to be certified as a representative for a limited
well/boring contractor licensed to construct, repair, and seal dug wells and drivepoint wells must have three years of experience. A year of experience is a year in
which the applicant personally constructed five dug wells or drive-point wells and
worked for a minimum of 1,000 hours constructing, repairing, or sealing dug wells
115
or drive-point wells and installing pumps in dug wells or drive-point wells. An
applicant must have gained the experience under a licensed well contractor or a
licensed drive-point well or dug well contractor.
Any combination of dug and/or drive-point water-supply well experience can qualify. Wells installed for
monitoring or dewatering do not qualify.
Subp. 4. Limited well/boring contractor certified representative; well screens,
pitless adapters, and pitless units. Anyone applying to be certified as a
representative for a limited well/boring contractor licensed to install or repair well
screens or pitless adapters or units and well casing from the pitless device to the
upper termination of the well must have two years of experience. A year of
experience is a year in which the applicant worked a minimum of 1,000 hours and
personally installed or repaired five well screens or pitless units or adapters and
well casings from the pitless unit or adapter to the upper termination of the well.
The experience must have been gained under the supervision of a licensed well
contractor or limited well/boring contractor licensed to install or repair well
screens or pitless units or adapters and well casings from the pitless unit or
adapter to the upper termination of the well.
Subp. 5. Limited well/boring contractor certified representative; pumps and
pumping equipment. Anyone applying to be certified as a representative for a
limited well/boring contractor licensed to install a pump or pumping equipment
must have two years of experience in pump installation and repair. The applicant
must have personally installed 20 pumps. The work must include a minimum of
1,000 hours installing well pumps or pumping equipment.
Subp. 6. Limited well/boring contractor certified representative; well sealing.
Anyone applying to be certified as a representative for a limited well/boring
contractor licensed to seal wells must have three years of experience. A year of
experience is a year in which the applicant:
A. personally sealed a minimum of five wells; and
B. worked a minimum of 1,000 hours constructing wells, clearing obstructions,
removing or perforating well casings, and grouting wells.
The applicant must have gained the experience under a licensed well contractor
or limited well/boring sealing contractor.
Borings, including environmental bore holes, elevator borings, and vertical heat exchangers may also be
sealed with this license.
116
Subp. 7. Limited well/boring contractor certified representative; dewatering
wells. Anyone applying to be certified as a representative for a limited well/boring
contractor licensed to construct, repair, or seal dewatering wells must have two
years of experience. A year of experience is a year in which the applicant:
A. worked a minimum of 500 hours designing, constructing, or field supervising
the construction, repair, or sealing of dewatering wells; and
B. designed, constructed, or field supervised the construction of a minimum of
five dewatering wells.
The experience does not have to be gained under a licensed contractor.
Subp. 7a. Limited well/boring contractor certified representative; vertical heat
exchanger. Anyone applying to be certified as a representative for a limited
well/boring contractor licensed to construct, repair, or seal vertical heat
exchangers must meet the requirements in item A or meet the requirements in items
B and C.
A. The applicant must have two years of experience. A year of experience is a
year in which the applicant personally, and under the supervision of a licensed
well contractor or licensed vertical heat exchanger contractor, constructed a
minimum of three separate permitted vertical heat exchanger systems, with a
minimum total footage of 2,000 feet of vertical heat exchanger, and worked a
minimum of 500 hours designing, constructing, or field supervising the
construction, repair, or sealing of vertical heat exchangers.
B. The applicant must have a minimum of two years experience in well drilling.
A year of experience is a year in which the applicant personally and under the
supervision of a licensed well contractor constructed a minimum of five watersupply wells and constructed, repaired, or sealed wells and environmental bore
holes for 500 hours.
C. The applicant must be certified by the International Ground Source Heat
Pump Association or have an equivalent certification, as determined by the
commissioner, based on number of hours of training, subject material, and testing.
Similar to monitoring well contractors, there are two different types of experience that can be considered
in order to qualify as a certified representative of a vertical heat exchanger contractor. The first type is for
the applicant to have direct, “hands-on” experience drilling vertical heat exchangers. The second type is
for applicants who may have well drilling experience, and are certified by International Ground Source
Heat Pump Association (IGSPHA) as an installer, but may have no experience drilling vertical heat
exchangers. The IGSHPA is a national certification body.
Subp. 8. Elevator boring contractor certified representative. Anyone applying to
be certified as a representative for an elevator boring contractor licensed to
construct, repair, or seal an elevator boring must have two years of experience
117
related to the construction, repair, and sealing of elevator borings. A year of
experience is a year in which the applicant designed, supervised, or actually
constructed three elevator borings.
Subp. 9. Experience outside state. If all or part of the experience required in this
part was gained by an applicant outside Minnesota, the applicant must provide the
commissioner with information satisfactorily demonstrating that the experience
was gained constructing, repairing, and sealing wells or borings in geological
conditions substantially similar to conditions in Minnesota and in a jurisdiction
with certification, licensing, or registration requirements comparable to those in
Minnesota.
There is no direct reciprocity with other states. A person must meet the minimum qualifications, pass the
exam, complete the necessary forms, and submit the fees.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451;, 103I.501; 103I.525; 103I.535; 103I.541; 103I.621; 144.05; 144.12;
144.383; 157.04; 157.08; 157.09; 157.13
HIST: 17 SR 2773; L 1992 c 507s 2; 25 SR 1207; 33 SR 211
4725.0700 [Repealed, 17 SR 2773]
4725.0800 [Repealed, 15 SR 78]
4725.0900 COUNCIL EVALUATION OF APPLICANTS.
The “council” refers to the Advisory Council on Wells and Borings.
Upon request by the commissioner, the council may conduct oral examinations
using a standardized examination developed by the commissioner in consultation
with the council. Upon request by the commissioner, the council may also provide
recommendations as to the appropriate disciplinary action for representatives,
licensees, and registrants found to be in violation of Minnesota Statutes, chapter
103I and this chapter.
The well contractor certified representative and individual well contractor applicants must pass an oral
examination before the advisory council in addition to a written exam. Other applicants must only pass a
written examination.
STAT AUTH: MS s 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; 156A.01
to 156A.08
HIST: 15 SR 78; 33 SR 211
118
4725.1000 [Repealed, 17 SR 2773]
4725.1025 EXAMINATION.
Anyone applying to be a certified representative of a licensee or registrant or as
an individual well contractor must pass an examination which may be a
combination of written and oral questions as determined by the commissioner with
the advice of the Advisory Council on Wells and Borings established by Minnesota
Statutes, section 103I.105. The applicant must pass the examination within one
year from the date notified by the commissioner that the applicant is qualified to
take the examination. An applicant who fails an examination must not retake the
examination within two weeks of the failed attempt. An applicant who fails to
successfully complete the examination after three attempts, must reapply for
certification as a representative, or licensure as an individual well contractor,
according to parts 4725.0550 to 4725.1025, and must not reapply within one year
of the third failure to pass the examination. If, upon passing the examination, the
applicant is not licensed as an individual well contractor or listed as a certified
representative of a licensee or registrant within one year, reapplication as a
certified representative or individual well contractor must be made according to
parts 4725.0550 to 4725.1025.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.621; 144.05; 144.12;
144.383; 157.04; 157.08; 157.09; 157.13
HIST: 17 SR 2773; 33 SR 211
The examinations are related to the specific license or registration, and primarily cover the requirements
of the rules and law, and some background information. The examination is largely not a test of skills or
knowledge of drilling practices.
If the applicant passes the exam but doesn't complete the licensing or registration process within one
year, the applicant must start at the beginning and reapply by submitting the qualification application and
fee with documentation of required experience, and successfully pass the exam again.
4725.1050 [Repealed, 17 SR 2773]
4725.1075 APPLICATION FOR LICENSURE OR REGISTRATION.
Subpart 1. Application for licensure or registration. A person must apply for
licensure or registration on a form provided by the commissioner.
A. The application must include the name, address, and telephone number of
the person applying for licensure or registration and list the name, business
address, and telephone number, if different, of all certified representatives of the
119
licensee or registrant who meet the qualifications in parts 4725.0550 to
4725.1025. The licensee or registrant must have at least one certified
representative.
The “person” referred to here is generally a business, in which case the name is the corporation or
business name, not the name of the certified representative. Individual well contractors should not be
listed on the application.
B. The application form must be signed by an officer or other legally authorized
agent of the person making application for licensure or registration.
The “person” is again typically a business. The officer does not necessarily have to be the certified
representative, but must be legally responsible for the company.
C. The application for licensure or registration must be accompanied by the
nonrefundable licensure or registration fee specified in Minnesota Statutes,
chapter 103I.
The license and registration fee types are listed in Minnesota Rules, part 4725.0350 and the amounts
summarized in the table after Minnesota Rules, part 4725.1800. The license or registration fee is in
addition to the (qualification) application fee.
Subp. 2. [Repealed, 18 SR 1222]
STAT AUTH: MS s 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; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 17 SR 2773; 18 SR 1222; 33 SR 211
4725.1100 [Repealed, 15 SR 78]
4725.1200 [Repealed, 15 SR 78]
4725.1250 BONDING.
At the time the fee is submitted for initial licensure or registration, or licensure
or registration renewal, the licensee or registrant must show proof of holding a
corporate surety bond as required by Minnesota Statutes, chapter 103I. The bond
must be submitted to the commissioner. One bond is required for each licensee or
registrant. If on proof to the commissioner it is shown that multiple licenses or
registrations are held by one licensee or registrant, the bond held by that licensee
or registrant may cover all licenses and registrations. The licensee or registrant
must be named as the principal. The bond must be signed by an official of the
company who is legally authorized to represent the company. The bond may be
120
used by the commissioner to compensate persons injured or suffering financial loss
because of failure of a licensee or registrant to properly perform the duties under
part 4725.0475 and Minnesota Statutes, chapter 103I. The term of the bond must
be continuous or concurrent with the term of the license or registration. The penal
sum of the bond is noncumulative and is not to be aggregated every year that the
bond is in force. The bond must be written by a corporate surety licensed to do
business in Minnesota. The corporate surety shall be responsible for providing 30
days' written notice to the commissioner of cancellation of a licensee's or
registrant's bond. If a bond is canceled, a licensee or registrant must not perform
work requiring the license or registration until the licensee or registrant obtains
another bond meeting the requirements of this part. An individual well contractor,
as described in Minnesota Statutes, section 103I.525, subdivision 1, paragraph (c),
is exempt from the requirements of this part.
The bond is sometimes referred to as a “license” bond, or a “license bond with performance guarantees.”
The bond is in lieu of other license bonds required by a political subdivision of the state. A general
contractor’s bond, performance bond, plumbing bond, or bond for a subsurface sewage treatment system
contractor does not take the place of a well or boring contractor bond.
The commissioner of health may use the bond to pay for unlawful performance of work regulated by
Minnesota Statutes, Chapter 103I or Minnesota Rules, Chapter 4725. Proceeds of the bond may be used
to compensate persons injured or suffering financial loss because of a failure of a licensee or registrant to
properly perform work.
The bond is not an insurance policy; it is an agreement to pay up to the amount of the bond ($25,000,
$10,000, or $2,000 for some of the limited licenses). The bonding or “surety” company guarantees that
the money will be paid and holds the “principal” (the licensee or registrant) responsible for payment, and
will attempt to collect from the principal by attachment of assets if necessary.
The bond must be in effect during the license period. The bond total (penal sum) will not exceed $25,000,
$10,000, or $2,000 depending on the license type. The bond remains in effect for the period that it was
issued for, even if the bond is not renewed. In other words, if a contractor is bonded and then retires, and
a violation is later found that occurred during the period that the bond was in effect, the bond may be
activated to make a correction. The surety company will seek payment from the contractor.
STAT AUTH: MS s 103I.101; 103I.221; 103I.301; 103I.621; 144.05; 144.12;
144.122; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 18 SR 1222
4725.1300 LICENSE OR REGISTRATION RENEWAL.
Subpart 1. Renewal. Licenses expire on January 31 of each year and
registrations expire on December 31 of each year. Each licensee or registrant
shall submit an application for license or registration renewal on forms provided
121
by the commissioner no later than January 31 for licenses and December 31 for
registrations. The renewal application must be accompanied by the license and
registration fees. A penalty fee, as specified in Minnesota Statutes, chapter 103I,
must also be paid if the renewal is submitted after the January 31 license or
December 31 registration deadline. At the time of license or registration renewal,
the approved continuing education courses completed by the individual well
contractor as required by part 4725.1650, or the name(s) of the certified
representative(s), must be listed, and the licensee or registrant must provide the
bond required under part 4725.1250.
Monitoring well contractors are registered. All other categories are licensed. If the license or registration
is not renewed, the contractor may not perform well or boring contracting work. The licensee or registrant
must have all construction and sealing records and water sample results submitted, or a license or
registration will not be renewed. At least one certified representative must have completed the appropriate
continuing education in order to renew the license or registration. Only certified representatives who have
completed the continuing education may represent the company for such matters as obtaining permits,
filing notifications, and other activities.
The late license or registration renewal fee is $75 in addition to the renewal fee.
Subp. 2. Failure to renew. A licensee or registrant who fails to renew a license
or registration before the expiration date, and later wishes to renew, must pay all
license or registration fees and late fees.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.621; 144.05; 144.12;
144.122; 144.383; 156A.01 to 156A.08; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 18 SR 1222; 33 SR 211
4725.1310 CERTIFICATION RENEWAL.
Subpart 1. Renewal. Certification of licensee representatives expire on January
31 of each year and certification of registrant representatives expire on December
31 of each year. Each representative shall submit an application for certification
renewal on forms provided by the commissioner no later than January 31 for
licensee representatives, and December 31 for registrant representatives. At the
time of certification renewal, the approved continuing education courses
completed by the representative as required by part 4725.1650 must be listed.
Subpart 2. Failure to renew. A person who fails to renew a certification within
two years of expiration may not renew the certification. Requalification for
certification must be according to parts 4725.0550 to 4725.1250.
122
STAT AUTH: MS s 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;
HIST: 33 SR 211
4725.1325 [Repealed, 17 SR 2773]
4725.1350 [Repealed, 17 SR 2773]
4725.1400 [Repealed, 17 SR 2773]
4725.1500 DISCIPLINARY ACTION: RETURN OF DOCUMENTS.
Subpart 1. Commissioner action. The commissioner may suspend, revoke, or
impose limitations or conditions on a license, certification, or registration if the
certified representative, individual well contractor, registrant, or licensee:
A. violates a provision of this chapter or Minnesota Statutes, chapter 103I;
B. obtains a certification, license, or registration through error, fraud, or
cheating;
C. provides false or fraudulent information verbally, or on renewal forms,
construction or sealing reports, water sample reports, or other required reports;
D. knowingly aids or allows an unlicensed or unregistered person to engage in
activities requiring a license or registration under Minnesota Statutes, section
103I.205, subdivision 4;
E. engages in conduct, in the course of performing work requiring licensure or
registration, that is likely to harm the public, or conduct that demonstrates a
willful or careless disregard for the health or safety of a property owner or other
person;
F. has been convicted during the previous five years of a felony or gross
misdemeanor reasonably related to the business of well or boring construction,
repair, or sealing;
G. fails to pay monetary penalties that are assessed according to an
Administrative Penalty Order issued under Minnesota Statutes, chapter 144; or
H. violates the conditions of a stipulated agreement, variance, order,
settlement, compliance agreement, license, registration, certification, notification,
or permit.
Subp. 2. [Repealed, 17 SR 2773]
Subp. 3. [Repealed, 17 SR 2773]
123
Subp. 4. Revoked certification, license, or registration. A suspended or revoked
certification, license, or registration along with the current drilling machine and
hoist registration decals must be returned to the commissioner when the
certification, license, or registration is revoked or suspended.
Enforcement actions for correction of rule or statute violations are the responsibility of the person who
caused the violation, often the licensed or registered contractor. Enforcement actions for repair,
construction, and sealing are explained in Minnesota Rules, part 4725.0250. This rule pertains only to
license or certification actions against the company (licensee or registrant) or certified representative, and
may include license or registration conditions, suspension, or revocation. While the action to require an
improperly grouted well to be grouted will be taken against the licensee only, action to revoke or suspend
the license and certification may be taken against both the licensee (company) and the certified
representative if the violation is serious or repeated.
STAT AUTH: MS s 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; 144.383; 156A.01 to 156A.08; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 33 SR 211
4725.1600 REAPPLICATION AFTER CERTIFICATION, LICENSE, OR
REGISTRATION REVOCATION.
Subpart 1. Revoked certification, license, or registration. A person whose
certification as a representative, license, or registration has been revoked may not
reapply for certification, licensure, or registration within one year of the date of
revocation. A person, whose certification, license, or registration has been revoked
must reapply as required by parts 4725.0550 to 4725.1250.
The “person” may be the certified representative, individual well contractor, and/or the licensee or
registrant (business). This provision effectively prohibits the person from doing regulated work for one
year plus the time necessary to become recertified, reregistered, or relicensed. Relicensing, re-registration,
or recertification is not automatic. At the minimum, the person must follow the same procedures as a new
applicant. Minnesota Rules, part 4725.1500, subpart 1 allows the commissioner of health to suspend,
revoke, or impose limitations or conditions on a license or registration. For example, a person may be
granted a conditional license requiring 24-hour notification before drilling, or may be prohibited from
doing certain types of activities.
Subp. 2. [Repealed, 17 SR 2773]
Subp. 3. [Repealed, 17 SR 2773]
STAT AUTH: MS s 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; 144.383; 156A.01 to 156A.08; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 33 SR 211
124
4725.1650 CONTINUING EDUCATION REQUIREMENTS.
Continuing education requirements apply to certified representatives of: well contractors, limited
licensees (pump, pitless/screen, dug well/drive-point, dewatering, vertical heat exchanger, and sealing),
elevator contractors, and monitoring well contractors; plus individual well contractors.
An individual well contractor or certified representative of a well contractor or
monitoring well contractor must successfully complete six contact hours of
continuing education activities annually of which at least two hours must be
obtained from a continuing education program presented or sponsored by the
commissioner. A certified representative of a limited well/boring contractor or
elevator boring contractor, must successfully complete two contact hours of
continuing education annually presented or sponsored by the commissioner. A
person with multiple limited well/boring or elevator boring certifications need only
successfully complete two contact hours of continuing education annually
presented or sponsored by the commissioner.
Certified representatives of well contractors and monitoring well contractors must obtain a total of six
contact hours of continuing education, including two hours of MDH-provided or MDH-sponsored
continuing education. Certified representatives for all other license types must only obtain two hours of
MDH-provided or MDH-sponsored continuing education. MDH-provided or MDH-sponsored programs
may include MDH district meetings, MDH presentations at the Minnesota Water Well Association
Convention & Trade Show, delegated well programs, manufacturer/supply house programs, and
professional or educational conferences.
An individual well contractor or certified representative is exempt from the
continuing education requirements for one year following the completion of the
examination in part 4725.1025.
This provision applies to representatives certified for the first time. The certified representative does not
need continuing education to renew the certification for the first time. For example, if the representative is
originally certified in 2010, the representative does not need to obtain continuing education in 2010 in
order to renew for 2011. The certified representative does need to obtain continuing education in 2011 in
order to renew for 2012.
An individual well contractor or certified representative who fails to complete
the continuing education required by this part, must not conduct contracting, or
represent a licensee or registrant, for activities regulated by this chapter.
Continuing education contact hours cannot be “banked” or saved from previous years for future renewal.
Contact hours must be accumulated within the license or registration year immediately prior to the license
or registration year to be renewed.
● The registration year is January 1 to December 31.
● The license year is February 1 to January 31.
125
STAT AUTH: MS s 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; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 33 SR 211
4725.1675 CRITERIA FOR CONTINUING EDUCATION.
A continuing education activity must meet the criteria in items A to E for credit
to be given.
A. The activity must be related to wells and borings, drilling technology,
groundwater contamination, health aspects of water quality, groundwater
monitoring, geology, hydrology, well or boring construction and sealing, water
systems and water treatment, or other subjects approved by the commissioner.
B. The activity must have a specific, written objective that describes expected
outcomes for the participant.
C. The activity must be presented by a person knowledgeable about recent
developments in the subject. The person's qualifications must be documented by
either specialized training in the subject matter or work experience in the subject
area.
D. The activity must be at least one contact hour as defined in part 4725.0100,
subpart 24c.
A “contact hour” means 50 minutes of instruction. A “contact hour” is not the same as a “CEU,” which is
approximately ten hours of instruction.
E. The activity must document participation, including but not limited to
earned credits and verification of attendance. Program sponsors shall maintain
attendance sheets for two years.
Courses approved for credit are published in the Well Management News newsletter and listed on the
MDH Well Management Section Web site continuing education calendar. Persons wishing to attend other
courses for credit should contact the MDH prior to attendance. Courses must be approved by the MDH.
STAT AUTH: MS s 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;
HIST: 15 SR 78; 33 SR 211
126
4725.1685 ADVISORY COUNCIL REVIEW OF CONTINUING EDUCATION
PROGRAMS.
The Advisory Council on Wells and Borings may review continuing education
programs and make recommendations to the commissioner as to the acceptability
for continuing education credits for each license or registration category.
STAT AUTH: MS s 103I.101
HIST: 15 SR 78
4725.1700 PLACEMENT OF DECALS AND LICENSE OR REGISTRATION
NUMBER.
A licensee or registrant shall place in a conspicuous location on both sides of
each drilling machine or hoist the license or registration number in figures not less
than three inches high and 1-1/2 inches wide. The figures must be in a contrasting
color to the rest of the machine or hoist. Decals issued by the commissioner
designating the year for which the license or registration was issued or renewed
must be affixed directly adjacent to and below the license or registration number
on each drilling machine or hoist. Contractors using small drilling machines or
hoists shall attach their decals on a portable display to be shown at the well or
boring site. The decals shall be issued by the commissioner upon licensure or
registration and renewal.
The decals (provided by the MDH) are printed with “Drilling Machine/Hoist Registration,” the year of
registration, and include the MDH logo. Two decals must be affixed to each drilling machine or hoist –
one decal on each side. Both stickers must be placed on the machine. The license or registration number
(of the business) must also be placed on the equipment. If the drilling machine or hoist is sold, it is
recommended that the decals and MDH license or registration number be removed.
Minnesota Rules, part 4725.0100, subpart 26b and subpart 30c contain the definitions of “drilling
machine” and “hoist.”
STAT AUTH: MS s 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; 144.383; 156A.01 to 156A.08; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 33 SR 211
4725.1800 DRILLING MACHINE AND HOIST REGISTRATION.
Upon licensure or registration, the licensee or registrant must register all
drilling machines and hoists and pay a fee for each machine or hoist. Each time
the licensee or registrant renews licensure or registration under part 4725.1300,
the licensee or registrant must renew each drilling machine and hoist registration
127
and must pay a renewal fee for each drilling machine or hoist. Upon acquiring
additional drilling machines or hoists after initial licensure or registration or after
renewal of licensure or registration, the licensee or registrant must register the
machine or hoist and pay the hoist or drilling machine registration fee. The
drilling machine and hoist registrations are concurrent with the license or
registration, are not prorated, and expire on January 31 of each year for licensees
and December 31 of each year for registrants. Upon receipt of the required fee and
information, a drilling machine or hoist registration card shall be issued for
identification purposes for each drilling machine and hoist registered by the
contractor. The card shall be carried on the drilling machine or hoist at all times
where it may be inspected by the commissioner.
Hand tools such as casing drivers or chain hoists, or equipment such as tripods or jacks need not be
registered.
Water trucks, trailers, flatbed pipe trucks, and other vehicles which are not used to drill a well or boring or
are not used as a hoist for well or boring work may not be registered.
Minnesota Statutes, Chapter 168, contains language that exempts hoists and water well drilling equipment
registered with the MDH from having state motor vehicle license plates. The law does place limitations
on use of the vehicles as “special mobile equipment” not designed or used primarily for the transportation
of persons or property. If a vehicle travels out of state or carries persons for transport, state license plates
may be required. In 2001, state law was changed to allow contractors to carry materials related to the
operation and use of drilling machines and hoists with that equipment. Previously, carrying any articles of
commerce was prohibited, unless the truck was registered with the DPS. Contractors should contact the
DPS or the Minnesota State Patrol – Commercial Vehicle Enforcement Section, for further information.
Operators of cranes with lifting capacities of 5 tons or more must be certified by the DLI under Minnesota
Statutes, section 182.6525. The DLI has determined that drilling machines (drilling derricks) and most
pump hoists are not considered cranes unless they are attached to mobile or locomotive cranes and are
operated on construction sites. Questions about whether a well drilling mast or derrick is considered a
“crane” for purposes of this law should be directed to the DLI.
The registration card and decals furnished for a drilling machine or hoist are not
transferable.
The fee for registration of a drilling machine or hoist is not prorated. The total fee applies, regardless of
when in the course of the year the equipment is registered. The registration of a drilling machine or hoist
expires on the same date as the registration (December 31) or license (January 31) expiration. Likewise,
there are no partial refunds if a registration is cancelled part-way through the year.
The MDH recommends that the decals be removed at the time a drilling machine or hoist is sold.
128
A person must not use a drilling machine or hoist to conduct activities requiring
a license or registration under this chapter unless the drilling machine or hoist is
registered, displays the licensee’s or registrant’s license or registration number,
and displays current decals.
STAT AUTH: MS s 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; 144.122;
156A.01 to 156A.08
HIST: 15 SR 78; 18 SR 1222; 33 SR 211
129
SUMMARY OF CERTIFICATION/LICENSING
QUALIFICATION REQUIREMENTS
CERTIFICATION,
LICENSE,
REGISTRATION
YEARS
HOURS
WELLS/BORINGS
BOND
Well Constractor
4
1000/YR
10/YR1 or 700 FT2
$25,000
Individual Well Contractor
4
1000/YR
10/YR1 or 700 FT2
NONE
Monitoring Well Contractor
Engineer or Geologist
Drilling Experience
3
3
500/YR
1000/YR
50 TOTAL
20/YR
$10,000
$10,000
Limited Well Contractor
Drive-point/Dug Well
Screen, Pitless
Pump
Well Sealing
Dewatering
Vertical Heat Exchanger
Drilling Experience
Well and IGSHPA
3
2
2
3
2
1000/YR
1000/YR
1000 TOTAL
1000/YR
500/YR
5/YR
5/YR
20 TOTAL
5/YR
5/YR
$10,000
$2,000
$2,000
$10,000
$10,000
2
2
500/YR
500/YR
3 with 2,000 feet
5/YR
$10,000
$10,000
Elevator Boring Contractor
2
NONE
3/YR
$10,000
1
Ten wells per year are needed for experience in years 2006 and later. Five wells per year is the
minimum experience needed in years before 2006.
2
In order to qualify for the 700-foot criteria, the applicant must have constructed one or more multiplecased wells with an outer casing of 10-inch diameter or larger, with a cumulative depth of 700 feet or
more.
130
APPLICATION PROCEDURE FOR CERTIFICATION AND LICENSURE
OR REGISTRATION
STEP 1. QUALIFICATION APPLICATION. Submit completed application to apply for certification as
a representative or licensure as an individual well contractor, which includes the following
information:
● Written documentation of experience including:
• Years of work related experience,
• Hours per year of work related experience, and
• Records of wells/borings/sealings, etc.
● Three letters from individuals familiar with the applicants work (MDH or delegated local
government well program staff should not be used for references) verifying experience and
employment, and work reports; and
● Nonrefundable application fee.
STEP 2. DEPARTMENT REVIEW OF DOCUMENTATION. MDH reviews application, contacts
references, and verifies experience. MDH inspects referenced wells and contacts well owners
for individual well contractor applicants and applicants for well contractor representative
certification. Applicants are informed of missing information, construction violations, errors
and omissions.
STEP 3. NOTICE OF ELIGIBILITY. MDH mails notice that the applicant qualifies or does not qualify
for the exam. Exam preparation materials are mailed to qualified persons.
STEP 4. WRITTEN EXAMINATION. The written exam is specific to each certification or license. The
exams cover requirements of the law (Chapter 103I) and the rules (Chapter 4725) and technical
and practical information related to the type of activity. Applicants for multiple certifications
must take each exam. Written examinations can be taken in any of the district offices and are
scheduled at a mutually agreeable time.
STEP 5. ORAL EXAMINATION. Applicants for the well contractor representative certification and
individual well contractor license must appear before the Advisory Council on Wells and
Borings for an oral exam in addition to the written exam. The advisory council only meets four
times a year, typically in March, June, September, and December. Other licenses and
registrations do not require an oral exam.
STEP 6. NOTICE OF EXAM RESULTS. Results are mailed within approximately two weeks of taking
the exam. Failed written exams can be retaken by rescheduling with the district office; however,
a two-week wait is required before retaking the exam.
STEP 7. LICENSE OR REGISTRATION APPLICATION. The application must be completed within
one year of passing the examination. Upon certification of a representative or upon a person
who wants an individual well contractor license passing the oral examination, a completed
application for license or registration may be submitted which includes the following:
● Applicant's name, address, telephone number (this is the licensee’s name, typically a
business);
● Applicant's business name, address, telephone number (if different);
● Legal signature of applicant or legally authorized representative of the applicant;
● Name of all certified representatives;
131
●
●
●
●
Proof of holding a corporate surety bond appropriate to the license or registration;
Registration of drilling and hoisting equipment and equipment registration fee;
License or registration fee appropriate to the license category; and
Evidence of worker’s compensation insurance, and tax identification information (which is
forwarded to the Minnesota Department of Revenue).
STEP 8. LICENSE OR REGISTRATION MAILED. MDH mails license certificate and rig registration
materials. Blank permit application forms and Well & Boring Record forms are also sent,
depending on the request in the license or registration application.
The application must be completed within one year of completing all qualifications and examinations.
132
CERTIFICATION, LICENSING AND REGISTRATION SUMMARY
(Note: Fees are current as of the printing of the handbook; check Minnesota Statutes, Chapter 103I, for
amendments.)
WELL CONTRACTOR. An applicant to be certified to represent a well contractor must have four years
of experience. A year of experience is a year in which the applicant personally drilled at least ten wells
and worked at least 1000 hours drilling, sealing, and installing pumps in wells. Experience of five well
per year may qualify for years prior to 2006. Applicants may qualify if the experience was gained in
constructing one or more multiple-cased wells with a well depth or cumulative depth of more than
700 feet and with an outer casing diameter of 10 inches or more.
A well contractor may construct, repair, install pumps in, attach water conditioning or other devices to,
chemically treat, develop, and seal, wells including: water-supply wells, dewatering wells, drive-point
wells, dug wells, monitoring wells, and groundwater thermal exchange devices, and borings including:
environmental bore holes, elevator boring excavations, and vertical heat exchangers. The license fee is
$250 plus a (temporary) $25 surcharge. The surcharge is forwarded to the Minnesota electronic licensing
system. A $25,000 bond is required.
INDIVIDUAL WELL CONTRACTOR. The experience requirements are the same as for the well
contractor. The individual does not represent a company and does not register drilling machines.
Typically, persons obtain this license to have a “back-up” license in case the certified representative
leaves the company. The individual is exempt from the bond requirement. The license fee is $75 plus a
$7.50 surcharge. A bond is not required.
MONITORING WELL CONTRACTOR. An applicant to be certified to represent a monitoring well
contractor must have three years of drilling experience or be a licensed professional engineer or
geoscientist, or a certified geologist, hydrologist, or hydrogeologist and must have three years of
experience. A year of experience is a year in which the applicant worked a minimum of 500 hours
designing, field supervising, or personally constructing monitoring wells or environmental bore holes.
The applicant must have designed, supervised, or constructed at least 50 monitoring wells or
environmental bore holes. Applicants without professional registration may qualify if they have three
years experience. A year of experience is a year in which the applicant personally constructed at least five
monitoring wells and an additional 15 monitoring wells or environmental bore holes and worked a
minimum of 1,000 hours constructing, repairing, or sealing monitoring wells or environmental bore holes.
A monitoring well contractor may construct, repair, install pumps in, attach water conditioning or other
devices to, chemically treat, develop, and seal monitoring wells, and environmental bore holes. The
registration fee is $75 plus a $7.50 surcharge. A $10,000 bond is required.
LIMITED DUG WELL AND DRIVE-POINT WELL CONTRACTOR. An applicant to represent a
limited dug well and drive-point well contractor must have three years of experience. A year of
experience is a year in which the applicant personally installed at least five drive-points or dug wells and
worked at least 1000 hours constructing, repairing, sealing, and installing pumps on drive-points and dug
wells.
A drive-point and dug well contractor may construct, repair, install pumps in, attach water conditioning or
other devices to, chemically treat, develop, and seal dug wells and drive-point wells. The license fee is
$75 plus a $7.50 surcharge. A $10,000 bond is required
133
LIMITED WELL SCREEN AND PITLESS CONTRACTOR. An applicant to represent a limited well
screen and pitless contractor must have two years of experience. A year of experience is a year in which
the applicant personally installed or repaired five well screens, pitless units or adapters, or well casings
above the pitless, and worked a minimum of 1000 hours.
A limited well screen or pitless contractor may install or repair well screens, pitless units or adapters, and
casings above the pitless. The license fee is $75 plus a $7.50 surcharge. A $2,000 bond is required.
LIMITED PUMP CONTRACTOR. An applicant to represent a limited pump contractor must have two
years of experience. The applicant must have personally installed 20 pumps and worked a minimum of
1000 hours installing well pumps and pumping equipment.
A limited pump contractor may install or repair well pumps or pumping equipment, and attach water
conditioning or other devices to, chemically treat, or develop wells. The experience does not have to be
gained under a licensed contractor. The license fee is $75 plus a $7.50 surcharge. A $2,000 bond is
required.
LIMITED WELL SEALING CONTRACTOR. An applicant to represent a limited well sealing contractor
must have three years of experience. A year of experience is a year in which the applicant personally
sealed a minimum of five wells and worked a minimum of 1000 hours clearing obstructions, removing or
perforating casing, and grouting wells.
A limited well sealing contractor may remove obstructions in wells prior to sealing, remove or perforate
casings, and seal wells. The license fee is $75 plus a $750 surcharge. A $10,000 bond is required.
LIMITED DEWATERING WELL CONTRACTOR. An applicant to represent a limited dewatering well
contractor must have two years of experience. A year of experience is a year in which the applicant
designed, field supervised, or personally drilled five dewatering wells and worked a minimum of
500 hours designing, constructing, or field supervising the construction of dewatering wells.
A limited dewatering well contractor may construct, repair, install pumps in, attach water conditioning or
other devices to, chemically treat, develop, and seal dewatering wells. The experience does not have to be
gained under a licensed well contractor. The license fee is $75 plus a $7.50 surcharge. A $10,000 bond is
required.
LIMITED VERTICAL HEAT EXCHANGER CONTRACTOR. An applicant to represent a vertical heat
exchanger contractor must have two years of experience. A year of experience is a year in which the
applicant personally drilled a minimum of three permitted vertical heat exchanger systems (minimum
total footage of 2000 feet) and worked a minimum of 500 hours designing, constructing, and field
supervising the construction, repair, and sealing of vertical heat exchangers. The experience must be
obtained under the supervision of a licensed well contractor or licensed vertical heat exchanger
contractor. A second option is for the applicant to have two years of well drilling experience, where a year
of experience is having drilled at least five water-supply wells and constructed, repaired, or sealed wells
or environmental bore holes for 500 hours, and to be certified by the IGSHPA as a certified installer.
A limited vertical heat exchanger contractor may construct and seal vertical heat exchangers. The license
fee is $75 plus a $7.50 surcharge. A $10,000 bond is required.
134
ELEVATOR BORING CONTRACTOR. An applicant to represent an elevator boring contractor must
have two years of experience and must have designed, supervised, or constructed three borings for the
installation of elevator hydraulic cylinders.
An elevator boring contractor may construct, repair, or seal an elevator boring. The license fee is $75 plus
a $7.50 surcharge. A $10,000 bond is required.
135
End
of
Licensing, Registration, Certification Section
136