4725.0200 APPLICATION TO ALL WELLS AND BORINGS.
Subpart 1. Applicability. This chapter applies to all wells and borings except
exploratory borings regulated under chapter 4727 and those wells and borings
specifically exempted by Minnesota Statutes, chapter 103I.
TYPES OF WELLS
“Wells” include monitoring wells, dewatering wells, and water-supply wells.
“Water-supply wells” include wells used: to supply potable water for private or public use; for
irrigation; for agricultural, commercial, or industrial water supply; for heating or cooling; as a remedial
well; or for groundwater thermal exchange device (groundwater heat pump) withdrawal or injection.
EXCAVATIONS WHICH ARE NOT WELLS
Minnesota Statutes, Chapter 103I exempts the following from the definition of “well”:
● An excavation by backhoe, or otherwise for temporary dewatering of groundwater for nonpotable use
during construction, if the depth of the excavation is 25 feet or less (these excavations are not
regulated);
● An excavation made to obtain or prospect for oil, natural gas, minerals, or products of mining or
quarrying (the majority of these excavations are regulated as exploratory borings);
● An excavation to insert media to repressure oil or natural gas- bearing formations or to store
petroleum, natural gas, or other products (these excavations are not regulated by the MDH but are
regulated by the DNR);
● An excavation for nonpotable use for wildfire suppression activities (these excavations are not
regulated); or
● Borings (exploratory borings, vertical heat exchangers, elevator borings, and environmental bore
holes are regulated as borings, not as wells).
Excavations that are neither wells nor borings include: cathodic protection holes; caissons or shafts
for construction or access to underground structures; exploration drilling for gravel, aggregate or building
stone; and drilling or driving pilings. Where possible, it is recommended that these excavations, and the
excavations exempted under the definition of “well” be constructed by licensed or registered contractors
and be constructed and sealed in accordance with these rules.
TYPES OF BORINGS
“Borings” are holes or excavations that are not used to extract water, and include exploratory borings,
environmental bore holes, vertical heat exchangers (vertical heat loops), and elevator borings.
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WELLS AND BORINGS ON NATIVE AMERICAN
AND MILITARY RESERVATIONS
The MDH does not regulate wells or borings located within Native American reservations or military
installations which are clearly under Native American or federal jurisdiction. The issue of jurisdiction,
both on Native American land and federal property, can be very complicated.
The Minnesota Attorney General's office has advised the MDH that courts do not recognize state civil
regulatory jurisdiction over Native American land within a reservation in Trust status. In such cases, the
tribal government has jurisdiction over civil regulatory matters. They also note that in most cases
involving individual Native American ownership outside the reservations, the state law applies.
Nonnative Americans living on Native American land are subject to state law.
If you have any questions about the need for a notification or permit on other Native American or federal
lands, we would be pleased to consult with the Attorney General's staff to clarify the issue.
● Native American land within a reservation – The licensing law, rules, notifications, and permits do
not apply.
● Native American owned land outside the reservation – The state law and rules apply.
● Non-Native Americans living within a reservation – The state law and rules apply.
● Federal military properties – The licensing law, rules, notifications and permits do not apply.
FEDERAL SUPERFUND (CERCLA) SITES
The state law and rules apply to wells and borings on federal superfund sites. However, under federal
superfund law, work on the superfund site for contamination remediation must conform to the substantial
requirements of state and local law but is exempt from permits and fees. That is, the well and boring rules
must be followed, but permits and fees are not required. Permits are required for wells located off the
superfund site and for wells at CERCLA sites for the investigation phase.
WELLS AND BORINGS ON FEDERAL PROPERTY
Wells and borings on federal property, with the exceptions of Native American reservations, federal
military reservations, and federal CERCLA sites, are governed under Minnesota Statutes, Chapter 103I,
and Minnesota Rules, Chapter 4725. The licensing, construction, and sealing rules apply for the
U.S. government, including Forest Service properties, post offices, federal prisons, and other federal
properties. The provision in Minnesota Statutes, Chapter 103I, that exempted government agencies from
payment of fees was removed effective July 1, 2009. Federal, state, and local governments must now pay
all licensing, variance, permit, and notification fees.
OTHER REGULATIONS
MINNESOTA DEPARTMENT OF NATURAL RESOURCES – An appropriation permit is required
from the DNR if more than 10,000 gallons per day or 1 million gallons per year is appropriated (removed)
from a surface water or groundwater source. Disposal of water, cuttings, or other materials in public
waters is regulated by the DNR. The DNR also administers the permit program for underground storage
of gas, and administers exploratory boring leases on state properties.
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MINNESOTA DEPARTMENT OF AGRICULTURE (MDA) – The MDA regulates water supplies at
Grade A and Grade B (manufactured milk) dairies, water supplies at facilities which sell packaged
foods, facilities that bottle water in Minnesota, and persons who chemigate (the addition of chemicals to
an irrigation system). The MDA also is responsible for overseeing clean up of agricultural chemical
contamination.
MINNESOTA POLLUTION CONTROL AGENCY – The MPCA regulates the discharge of pollutants
to the environment; air, land, and water. Specifically, the MPCA administers the National Pollutant
Discharge Elimination System (NPDES) and State Disposal System Permits; investigates and remediates
other releases to the environment, such as spills, leaks from storage tanks and pipelines, releases from the
past, unregulated waste disposal activities; and regulates the land application or the underground injection
of wastes. Septic systems are regulated by the MPCA and local governments. Handling, storage, and
disposal of cuttings at pollution sites come under MPCA regulations. Disposal of cuttings, drilling fluids,
and development water may be subject to MPCA regulation. The MPCA may also determine the need for,
number, and types of environmental bore holes, monitoring wells, and remedial wells required at a given
site.
MINNESOTA DEPARTMENT OF HEALTH, PUBLIC WATER RULES – Rules regulating public
water supplies are administered by the MDH, in cooperation with the federal Environmental Protection
Agency (U.S. EPA), under the Safe Drinking Water Act.
The public water rules regulate public water supplies. A definition of “public water supply” is found in
the definitions section. Rules for public water wells and a discussion of the plan review requirements for
community public wells are located in Minnesota Rules, part 4725.5850.
PLUMBING
The definition of “plumbing” includes all potable water supplies and distribution pipes, all plumbing
fixtures and traps, all drainage and vent pipes and all building drains, including their respective joints and
connections, devices and appurtenances within the property lines of the premises and includes potable
water treatment or using equipment.
Previously, the Minnesota Plumbing Code, Minnesota Rules, Chapter 4715, applied to potable water
or sewage systems:
● That are connected to a municipal water or municipal sewer system;
● That serve facilities licensed by the state or local health offices;
● That serve a considerable number of persons at public facilities such as institutions, factories, office
buildings, hotels, apartment buildings, or any place of business; or
● Where a government agency has adopted the Minnesota Plumbing Code or the state building code.
According to the DLI, recent changes to state law extend the Minnesota Plumbing Code statewide. Check
with the Minnesota Plumbing Board and the DLI for details. Portions of the Minnesota Plumbing Code
are found in the appendix.
The plumbing licensing requirements apply statewide.
The plumbing bond applies to any person contracting to do plumbing.
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Legislation passed in 2007 required statewide licensing of plumbers, established the Plumbing Board, and
created a master and journeyman restricted plumbing license. Previously, licensing was required only in
cities with populations of 5,000 or more people. The Plumbing Board now has the authority to create,
amend, and interpret the Minnesota Plumbing Code, Minnesota Rules, Chapter 4715. The Plumbing
Board consists of members representing the plumbing industry, state agencies, plumbing inspectors, water
utilities, and the public. The restricted plumbing license allows persons to do plumbing work in rural
areas and in cities with populations of less than 5,000 people. The legislation did not affect the
applicability of the plumbing bond.
Licensing of plumbers and inspection of plumbing for public facilities is done by the DLI. Local
governments may inspect plumbing in their respective county, township, or city jurisdiction.
The definition of “plumbing” in the Minnesota Plumbing Code includes water supply piping and fixtures
such as pressure tanks and yard hydrants routinely installed by well contractors. Meetings have been held
with the DLI, Plumbing Board, MDH, and Minnesota Water Well Association (MWWA) to determine
what work may be done by a licensed well contractor with a well contractor license who does not have a
plumbing license. The DLI and the Plumbing Board have agreed that MDH licensed and bonded well
contractors may install a well discharge line (what is referred to in the Minnesota Plumbing Code as a
“water service pipe) from a well to a pressure tank, or 2 feet inside the building if there is no pressure
tank, without a plumbing license or plumbing bond. The discharge line is regulated in Minnesota Rules,
part 4725.5250. The DLI and the Plumbing Board have not made the same determination about additional
water lines or installation of frost-proof hydrants, and have said that this work requires a plumbing
license.
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.
For further information about plumbing and plumbing licensing, please contact the DLI at 651-284-5067.
DELEGATED WELL PROGRAMS – The MDH may delegate the regulation of water-supply wells,
dewatering wells, monitoring wells, elevator borings, and well sealing to local boards of health. The local
program and the MDH enter into a delegation agreement. A list of delegated well programs and contacts
is included in the appendix. As of 2010, delegated well programs exist in the cities of Bloomington and
Minneapolis, and the counties of Blue Earth, Dakota, Goodhue, LeSueur, Olmsted, Wabasha, Waseca,
and Winona. At the present time, no local programs have chosen to be delegated elevator borings.
Community public water-supply wells are not delegated. Noncommunity public water-supply wells, such
as wells serving schools, factories, industries, and day care centers, retail businesses, gas stations,
churches, licensed food beverage and lodging facilities, manufactured home parks, children's camps, and
campgrounds may be delegated. The delegated well program becomes responsible for permitting,
inspection, and enforcement of those portions of the program that are delegated. The MDH does not
delegate the licensing and registration of contractors, or the regulation of borings except elevators. The
delegated well program has the authority to require a permit where the state would otherwise only require
a notification, may raise permit fees higher than the state's, may require separate approval of variances,
and may enact more stringent regulations.
Telephone numbers for state agencies and delegated well programs are located in the appendix.
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Subp. 2. Owner responsibility. The owner of a well or boring is bound by all the
provisions of this chapter that relate to location, construction, maintenance, and
sealing of wells or borings.
Minnesota Statutes, Chapter 103I allows a person to construct a well on property owned or leased by the
person only if the well is used for farming or agricultural purposes or to serve the person's residence.
This allows a property owner to construct an irrigation well, a well for lawn or garden watering, or a well
to serve the residence. A property owner may also repair a well which is used for farming or to serve their
residence. A property owner may not construct wells for other purposes, wells on other properties,
borings, monitoring wells, dewatering wells, or any other type of well or boring. A property owner may
not seal wells or borings. The construction of the well must be in complete conformance with the law
(Chapter 103I) and the rules (Chapter 4725). A property owner may install a drive-point well for the
purposes stated above without payment of a fee. A drive-point well notification must be filed according to
Minnesota Rules, part 4725.1849. If a property owner constructs a well other than a drive-point, a regular
notification and fee must be submitted prior to construction.
Minnesota Statutes, Chapter 103I specifically prohibits a person from placing a contamination source
closer to a well than the minimum isolation distances prescribed in rule. This means that a property
owner, neighbor, sewer installer, or any other person may not move any source of contamination closer to
an existing well than the distances in these rules. This applies to all water-supply wells regardless of the
age of the well. For example, a septic tank cannot be placed within 50 feet of a water-supply well, even if
the well was drilled prior to the first well code.
Minnesota Statutes, sections 103I.231, authorizes the commissioner of health to order a property owner to
take remedial measures, including making repairs, reconstructing, or sealing a well or boring. In an
instance where a well or boring is to be sealed, only a person properly licensed or registered to seal the
well or boring may seal the well or boring.
In cases where the owner is not the person responsible for creating a violation (responsible party), the
MDH staff have determined that a violation exists and that the responsible party needs to complete
corrective actions, and the owner allows the responsible party access for the purposes of completing the
corrective actions, the commissioner of health may begin an enforcement action against the responsible
party and require the responsible party to complete corrective actions. If the owner does not allow the
responsible party access, then the commissioner of health may begin an enforcement action against the
owner and require the owner to complete the corrective actions.
Subp. 3. Licensee or registrant responsibility. The licensee or registrant is
responsible to:
A. verify information and investigate conditions in order to comply with the
requirements of this chapter, including the location of contamination sources; and
B. provide accurate and truthful information to the commissioner.
As a knowledgeable and experienced professional in the business of performing well contracting
activities, each licensee or registrant is responsible for performing any tests, survey, or investigations that
are necessary to assure the accuracy and truthfulness of the information and to assure compliance with the
applicable statutes and rules.
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The role of MDH staff during an inspection or investigation is review the information provided to the
MDH (in addition to any direct knowledge or observation), and based upon the available information
make a determination of whether a violation has occurred (not to certify compliance, accuracy, or
suitability). In cases where MDH staff determines that a violation has occurred, the commissioner of
health has authority to determine the appropriate enforcement actions and determine if there are any
corrective actions required.
Subp. 4. Access to information and property. Upon presentation of credentials,
the commissioner or an employee or agent authorized by the commissioner, may
examine records or data related to matters governed by Minnesota Statutes,
chapter 103I and section 144.99, of any person subject to regulation under
Minnesota Statutes, chapter 103.I, and, for the purpose of taking an action
authorized under statute, rule, or otherwise identified in Minnesota Statutes,
section 144.99, subdivision 1, relating to the enforcement of this chapter, may:
A. enter property to examine the records and data;
B. inspect equipment and material used in performing wells and borings work;
C. obtain and analyze water, air, and waste drill cuttings; and
D. inspect drill holes and drilled, sealed, or repaired wells and borings.
This authority must be exercised during regular working hours of Department of
Health inspectors with respect to inspections of vertical heat exchangers and
groundwater thermal exchange devices, and at reasonable times in all other cases.
The commissioner of health conducts investigations in order to fulfill the duties of protecting public
health. In addition to Minnesota Statutes, 103I.101, subdivision 4, (which gives the commissioner of
health authority to inspect, collect water samples, and have access, at all reasonable times, to a well or
boring site, including wells or borings drilled, sealed, or repaired), Minnesota Statutes, section 144.99,
provides authority to obtain other information necessary to complete an investigation.
Subp. 5. Applicability to delegated well programs. This chapter applies within a
political subdivision regulating construction, repair, or sealing of wells or elevator
borings delegated by the commissioner under Minnesota Statutes, section
103I.111. This does not prohibit a local delegated authority from adopting an
ordinance which is consistent with or more restrictive than this chapter.
Minnesota Statutes, section 103I.111, subdivision 1, (a), authorizes the commissioner of health to enter
into an agreement with a board of health to delegate all or part of the inspection, reporting, and
enforcement duties authorized under provisions of this chapter pertaining to permitting, construction,
repair, and sealing of wells and elevator borings. Each local unit of government is responsible for its
ordinances, the enforcement of its ordinances, the procedures/processes that it uses for the enforcement of
its ordinances, maintaining records of its activities related to the delegated duties, and its legal processes.
In instance where a violation is under the jurisdiction of a local delegated program, MDH’s role is to
provide technical support to the local program and for the MDH to perform periodic review of the local
program’s records to assure that the local program is at least as stringent as the MDH. The delegated well
program may establish fees that are higher than the fees established in Minnesota Statutes, Chapter 103I,
as long as the fees do not exceed the costs to administer the program.
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STAT AUTH: MS s 103I.101; 103I.221; 103I.301; 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
4725.0250 ENFORCEMENT.
Minnesota Statutes, Chapter 103I, and Minnesota Statutes, Chapter 144, establish penalties for violation
of the law or rules. Enforcement actions are not taken for contractual disputes, aesthetic water quality
issues such as iron or hardness, damage to property, or other activities not specifically regulated by the
law or rules.
Subpart 1. Enforcement Actions. The commissioner may take one or more
enforcement actions for a violation of this chapter, Minnesota Statutes, chapter
103I, section 144.99 or144.992, or, including:
A. issuing a correction order under Minnesota Statutes, section 144.99,
subdivision 3;
B. issuing an administrative penalty order requiring a violation to be corrected,
and assessing a monetary penalty under Minnesota Statutes, section 144.99,
subdivision 4;
C. bringing an action for injunctive relief in district court under Minnesota
Statutes, section 144.99, subdivision 5;
D. issuing a cease and desist order under Minnesota Statutes, section 144.99,
subdivision 6;
E. denying or refusing to renew an application for a permit, license,
registration, or certificate under Minnesota Statutes, section 144.99, subdivision 8;
F. suspending, revoking, or imposing limitations or conditions on a permit,
certification, license, or registration under Minnesota Statutes, chapter 14, and
section 144.99, subdivisions 8 and 9;
G. enforcing the requirements of a stipulation agreement, settlement, or
compliance agreement provided by Minnesota Statutes, section 144.99, subdivision
1;
H. using the license or registration bond to compensate persons injured or
suffering financial loss because of the failure of a licensee or registrant to perform
work in compliance with duties under this chapter and Minnesota Statutes, chapter
103I;
I. requesting prosecution by the county attorney in the county where the
violation occurred or is occurring;
J. impounding a drilling machine or hoist used by a person who is not licensed
or registered according to this chapter and Minnesota Statutes, chapter 103I; and
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K. using other remedies afforded by law and rule.
The goals of an enforcement action are protecting public health and achieving compliance. To achieve
these goals the commissioner uses a combination of education, compliance assistance, and an escalating
level of enforcement actions. The MDH prefers that violations not occur, and when they do, that the
violation be corrected quickly with the minimal amount of legal action. Where the responsible person
refuses to make a correction or the violation is severe or repeated, escalated enforcement actions are
taken.
The commissioner of health takes an enforcement action against the person or persons responsible for
creating the violation (responsible party). The responsible party may be a well or boring licensee,
registrant, or certified representative, but in some instances the responsible party is a different type of
contractor (such as a plumber, sewer installer, sewage treatment system installer, utility installer, builder,
or excavator), a property owner, a well owner, an engineer, or other person.
Under the “Health Enforcement Consolidation Act of 1993” (Minnesota Statutes, sections 144.989 to
144.93), Minnesota Statutes, Chapter 103I, and these rules, the commissioner of health has authority to
use a wide range of civil and administrative enforcement actions to assure compliance with Minnesota
law. In addition to this specific authority, the commissioner has general authority under administrative
law (Administrative Procedures Act) to take administrative enforcement actions. The commissioner of
health also has authority to take disciplinary actions against a licensee or registrant (see Minnesota Rules,
part 4725.1500)
In determining the appropriate level of enforcement and type of enforcement action, the commissioner of
health considers a number of factors, including the gravity or severity, the potential for harm, willfulness,
history of past violation, whether the current violation is repetitive, responsiveness or cooperation of the
responsible party, and other factors as justice may require. Minor violations or a first time violation may
not result in a formal enforcement action and the notice of the violation is given verbally. The notice and
results of the investigation are recorded and become part of the regulated party’s enforcement history. In
many instances the responsible party works cooperatively with the MDH to resolve the violation. In these
instances the MDH uses written correspondence (with a letter such as a Letter of Warning, Notice of
Violation, or Notice of Violation/Notice of Correction) to give notice of the violation to the responsible
party, and to document with the notice the results of the investigation, the applicable regulations, and
what corrective actions need to be, or were, taken in order to bring the matter into compliance.
Some instances or circumstances require that the level of severity of the enforcement action must be
increased to obtain compliance or to protect public health. These circumstances include: the responsible
party is not cooperating; the responsible party is not completing measures to correct the violation or the
corrective actions are unacceptable; the responsible party shows patterns of repetitive or continuing
violations; the violation is willful; or the violation is serious. In these instances, one or more of the
enforcement actions may include imposing some type of sanction, order, penalty, or other type of relief.
Penalties may include: an Administrative Penalty Order (APO) requiring correction of violations, and
fines of up to $10,000; license conditioning, suspension, or revocation; impounding a drilling machine or
hoist; civil or criminal prosecution; or use of the bond to correct unlawful performance of work.
In some instances, the commissioner of health determines that a stipulation, settlement, or compliance
agreement is the appropriate enforcement tool to resolve the noncomplying conditions. Typically, the
parties of an agreement are the responsible party, the owner, and the commissioner of health. The
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agreement may require some remedy, partial remedy, time limit, or other condition. A monetary forfeiture
(fine) may be required. In most cases, the agreement serves as evidence for the owner that it is the
appropriate enforcement tool to resolve the noncomplying conditions. In instances where the owner is not
a signatory, the commissioner may execute the agreement with only the responsible party and consider
the matter resolved.
Where administrative remedies are not effective, the commissioner refers the matter to the attorney
general so that a legal action can be initiated in the appropriate civil court.
If a case appears to warrant criminal prosecution (see Minnesota Statutes, section 103I.715, and
Minnesota Statutes, section 144.99, subdivision 11), the commissioner of health or the attorney general
may refer the case to the appropriate city or county attorney.
In some instance, another agency or a court orders the MDH to suspend or revoke an individual’s
“occupational licenses.” Suspending or revoking an occupational license includes denying an individual
from serving as a licensee’s or registrant’s certified representative. Where the business entity does not
have an alternate certified representative, the licensee or registrant does not have a valid license or
registration and cannot perform well contracting activities.
Subp. 2. Responsibility for correction. The person responsible for creating a
violation of this chapter is responsible for correcting the violation. In the case of a
violation created or constructed by a licensee or registrant, the licensee or
registrant is responsible for correcting the violation. The licensee or registrant
who files a notification or obtains a permit for a well or boring is responsible for
the well or boring’s compliance with this chapter, even if the well or boring
construction is subcontracted to another person. A well or boring that cannot be
corrected, must be sealed and a complying well or boring constructed, unless the
well or boring owner, responsible party, and commissioner agree otherwise in a
stipulated agreement.
The licensee or registrant (licensed or registered contractor, usually a business) is responsible for
correction of a violation they caused, not the certified representative. However, for serious or repeated
violations, the certified representative may face enforcement actions such as certification suspension or
revocation.
The person or persons responsible for creating, or materially directing a violation is (are) responsible for
correction. This means that a well contractor who installs a well too close to a sewer is responsible for
correction. A sewer contractor who installs a sewer too close to a well is responsible for correction. Plans,
designs, and other approvals or information are not generally relevant. For example, if a homeowner
incorrectly reports the location of a sewer, and the well contractor drills the well too close without
confirming the information, the well contractor will be held at least partly responsible for correction. If a
local government grants a permit to place a sewer too close to a well, the sewer contractor who installed
the sewer is responsible. This does not preclude the contractor or installer from seeking legal redress
against the person or persons who may have contributed to the violation. If a sewer location is specifically
identified and the installation directed onsite by an engineer, local government, or other person, both the
installer and the person directing the installation will be held responsible.
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This rule requires correction and if that is not possible, sealing of the well and construction of a
replacement well. Simply sealing the well is not sufficient, unless the contractor, well owner, and MDH
agree in a written stipulation agreement.
An enforcement action by the MDH is not a waiver of any other liability, contractual, warrantee,
enforcement actions, private rights, cause of action, or remedies of any consumer, state or federal agency,
or other person. In instances where the responsible party arranges for another person to complete the
corrective actions, the responsible party remains liable for completing the corrective actions. Payment of
any penalties, fines, or monetary forfeitures is in addition to any corrective actions and does not remove
the responsibility for completing the corrective actions.
Subp. 3. Time of correction. Correction of a violation of this chapter must be
completed under the supervision of the commissioner during normal business
hours, within 30 days of notice of the violation, or as specified in an approved
variance, work plan, or stipulation.
Failure to complete corrective actions within the required timeframe or without notifying the
commissioner so that an inspection may be made is a violation and may result in the commissioner of
health initiating additional enforcement actions, including imposing some type of sanction, order, penalty,
or other type of relief. Failure to correct a violation after the first notice may be the basis for considering a
violation a repeat violation during subsequent inspections or investigations.
STAT AUTH: MS s 103I.101, 103I.111; 103I.205; 103I.221; 103I,301;
103I.401; 103I.451; 103I.501, 103I.531; 103I.535, 103I.541, 103I.621
HIST: 33 SR 211
4725.0300 [Repealed, 17 SR 2773]
4725.0350 FEES APPLICABLE TO THIS CHAPTER.
Subpart 1. Applicability. The fees specified in Minnesota Statutes, chapter 103I
apply to this chapter, except:
A. that a federal agency, state agency, or local unit of government is exempt
from payment of the fees, and
This has been superseded and made void by Laws of Minnesota, 2009, Chapter 79, that removed the
government fee exemption. Federal, state, and local governments must pay all license, variance, permit
and notification fees with some exemptions. Federal (not state) military bases are exempt from fees and
regulation. Native American reservations are exempt from fees and regulation. Remediation work on
federal superfund sites is exempt from fees.
B. for notification and permits regulated by a board of health delegated under
Minnesota Statutes, section 103I.111.
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Fees are not refundable, except as specified in part 4725.1836.
All fees are in Minnesota Statutes, Chapter 103I.
A table summarizing the fees is located at the end of this rule part.
GOVERNMENT FEE EXEMPTION REMOVED
Minnesota Statutes, Chapter 103I, formerly exempted federal agencies, state agencies, and local units
of governments from all fees required by Minnesota Statutes, Chapter 103I, or Minnesota Rules,
Chapter 4725. This exemption was removed, July 1, 2009.
NOTIFICATION REFUND EXCEPTION
An exception has been made for the refund of water-supply well construction notifications. A refund will
be made to whoever paid a notification when a water-supply well is not drilled, and when the refund
request is made in writing within 18 months of the initial construction notification. Refunds will not be
made if any drilling has taken place (including drilling a dry hole), or if the refund is requested after the
18 month period. Refunds will be made only for water-supply well notifications; not for other types of
wells or borings, or for other fees. If a notification is paid by a well contractor and the property owner
hires another contractor to drill the well, the notification fee may not be transferred. The contractor must
request a refund.
NO BORING SEALING FEE
There is no fee for sealing any boring.
NO ENVIRONMENTAL BORE HOLE FEE
There is no fee required to construct or seal an environmental bore hole.
DELEGATED WELL PROGRAM FEES
Local delegated programs may charge higher construction, sealing and maintenance fees, may require a
permit instead of a notification, and may charge fees for additional activities not prohibited by statute.
Local programs may not charge a license or registration fee.
Subp. 2. Qualification application fee. A nonrefundable fee as specified in
Minnesota Statutes, chapter 103I, must be submitted to apply for qualification and
examination for licensure as an individual well contractor as specified in part
4725.0475, subpart 3, or certification as a representative for any of the following:
This is an application fee for certification as a representative or licensure as an individual well contractor.
An additional license fee is required to become an individual well contractor, or for a business to be
licensed or registered.
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A. a well contractor as specified in part 4725.0475, subpart 3;
B. a limited well/boring contractor as specified in part 4725.0475, subpart 4;
C. an elevator boring contractor as specified in part 4725.0475, subpart 5; or
D. a monitoring well contractor as specified in part 4725.0475, subpart 6.
Subp. 3. License or registration fees. An application for an original or renewal
license or registration must be accompanied by a nonrefundable license or
registration fee as specified in Minnesota Statutes, chapter 103I.
This fee is for a well contractor license, limited well/boring contractor license, monitoring well contractor
registration, or individual well contractor license. It is not a (second) fee for the certified representative.
There are six categories of limited well/boring contractor license: pumps and pumping equipment,
screen/pitless, dug well/drive-point well, dewatering well, vertical heat exchanger, and well sealing. A
separate $75 fee is required for each license, with a cap of $225 for three or more limited licenses. A
single bond can cover a licensee with multiple limited licenses. In cases of multiple licenses/registrations,
the bond amount is determined by the license/registration with the highest bond amount.
Minnesota Session Laws 2009, Chapter 101, SF 2082, article 2, section 59, established a surcharge on all
licenses, effective from July 1, 2009, to June 30, 2015. Ten percent (10 percent) of each license fee must
be sent to the state chief information officer in the Office of Enterprise Technology (OET) for the
electronic licensing system. The total fee and surcharge for the licenses now (2010) at $75 increase to
$82.50, and the well contractor license fee and surcharge increase to $275. The monitoring well
contractor registration is not a “license,” so the surcharge does not apply.
The rules regarding activities requiring a license are located in Minnesota Rules, part 4725.0475. The
rules regarding license or registration experience requirements are located in Minnesota Rules,
part 4725.0650. The rules concerning application for licensure or registration are found in Minnesota
Rules, part 4725.1075.
Subp. 4. License or registration late renewal fee. If a licensee or registrant fails
to submit all information required for the renewal of a license or registration or
submits the application and information after the required renewal date as
specified in part 4725.1300, a late fee as specified in Minnesota Statutes, chapter
103I must be paid in addition to the fees specified in subpart 3.
Licenses expire on January 31 and monitoring well contractor registrations expire on December 31.
Applications received or postmarked after the expiration date must submit the additional $75 late fee.
Subp. 5. Notification fees. A notification fee as specified in Minnesota Statutes,
chapter 103I, must be paid by a property owner or the owner’s agent for:
A. each new water-supply well constructed;
B. each dewatering well constructed, or for a dewatering project comprising
five or more dewatering wells; and
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C. each well sealed, or for sealing multiple monitoring wells located on a single
property with depths varying by no more than 25 feet that are sealed within 48
ours of the start of construction.
The general notification rules are located in Minnesota Rules, parts 4725.1810 through 4725.1825. The
well sealing notification rules are located in Minnesota Rules, part 4725.1832.
Subp. 6. Permit fees. A nonrefundable permit fee as specified in Minnesota
Statutes, chapter 103I must be paid by a property owner or owner’s agent:
A. annually for a water-supply well that is not in use and under a maintenance
permit;
B. for construction of a monitoring well;
C. annually per well for a monitoring well that is unsealed and under a
maintenance permit;
D. per site for construction of all monitoring wells, regardless of number, used
as leak detection devices at a single motor fuel retail outlet, a single petroleum
bulk storage site excluding tank farms, or a single agricultural chemical facility
site;
E. for construction and injection of water by a groundwater thermal exchange
device in addition to the notification fee specified in subpart 5;
F. for construction of a vertical heat exchanger;
Minnesota Statutes, Chapter 103I, was amended, effective July 1, 2009, to establish increased fees for
larger vertical heat exchanger systems. Systems with less than 10 tons of heating/cooling capacity stay at
$215. The permit fee for systems with 10 to 50 tons heating/cooling capacity is $425. The permit fee for
systems with greater than 50 tons of heating/cooling capacity is $650.
G. annually for a dewatering well that is unsealed and under a maintenance
permit except that a dewatering project comprising more than five wells shall be
issued a single permit for wells recorded on the permit; and
Minnesota Statutes, Chapter 103I, was amended in 1994 to replace the dewatering well construction
permit with a notification.
H. for construction of a boring to install an elevator hydraulic cylinder.
The permit requirements are located in Minnesota Rules, parts 4725.1810 through 4725.1848
Subp. 7. Drilling machine registration fee. A person must not use a drilling
machine unless a nonrefundable fee as specified in Minnesota Statutes, chapter
103I, is paid annually to register the drilling machine.
The rules relating to drilling machine registration are located in Minnesota Rules, parts 4725.1700 and
4725.1800.
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Subp. 8. Hoist registration fee. A person must not use a hoist unless a
nonrefundable fee as specified in Minnesota Statutes, chapter 103I, is paid
annually to register the hoist.
The rules relating to hoist registration are located in Minnesota Rules, parts 4725.1700 and 4725.1800.
Subp. 9. Well disclosure fee. According to Minnesota Statutes, section 103I.235,
a nonrefundable disclosure fee as specified in Minnesota Statutes, chapter 103I,
shall be collected.
The requirements for well disclosure are contained in Minnesota Statutes, sections 103I.235 through
103I.236. The rules do not contain requirements for disclosure other than the fee. A short description of
disclosure is contained in the comments after Minnesota Rules, part 4725.3850.
Subp. 10. Variance fee. A nonrefundable fee as specified in Minnesota Statutes,
chapter 103I, shall be charged by the commissioner to request a variance from this
chapter.
The variance rules are contained in Minnesota Rules, part 4725.0410, and Minnesota Rules,
Chapter 4717.
Subp. 11. Electronic payment. Notification and permit fees for construction and
sealing may be paid electronically.
Notifications for water-supply well and dewatering well construction and sealing, and permit applications
for elevator borings and monitoring wells may be submitted by facsimile (FAX), with payment by credit
card (see Minnesota Rules, part 4725.1836).
Fees for license or certification qualification applications, license/registration applications or renewals,
permits for vertically heat exchangers or groundwater thermal exchange devices, and variance request
applications may not be paid by credit card. These fees may be paid by (valid) check, money order, or
cash.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301;
103I.401; 103I.451; 103I.525; 103I.531; 103I.541; 103I.621; 144.122;
HIST: 18 SR 1222; 33 SR 211
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2010 Fee Schedule
Well Management Section
Fee Type
Fee Effective July 1, 2009
Well Construction Notification
Water-supply wells .......................................................................................................................................... $215
Dewatering well ............................................................................................................................................... $215
Dewatering project (more than five wells on a site) ...................................................................................... $1075
Well Sealing Notification
Water-supply, monitoring, dewatering .......................................................................................................... $50
Temporary monitoring well site ........................................................................................................................ $50
Construction Permit
Elevator boring ................................................................................................................................................. $215
Groundwater thermal exchange device ............................................................................................................ $215
Vertical heat exchanger (loop) less than 10 tons ............................................................................................. $215
Vertical heat exchanger, 10 to 50 tons ............................................................................................................. $425
Vertical heat exchanger, greater than 50 tons .................................................................................................. $650
Monitoring well ............................................................................................................................................... $215
Monitoring well site* ....................................................................................................................................... $215
Maintenance Permit (annual fee)
Water-supply well maintenance, not in use well ............................................................................................. $175
Monitoring well maintenance (after 14 months) ............................................................................................. $175
Monitoring well maintenance, government owned ........................................................................................... $50
Dewatering well maintenance (after 14 months) ............................................................................................. $175
Dewatering well project maintenance (after 14 months) ................................................................................. $875
Variance Application ..................................................................................................................................... $215
Well Disclosure Certificate** ......................................................................................................................... $45
License/Registration Fee***
Qualification application ................................................................................................................................... $75
Responsible individual (Explorer) ..................................................................................................................... $75
Renewal, late ..................................................................................................................................................... $75
Elevator contractor ............................................................................................................................................ $75
Explorer Company ............................................................................................................................................. $75
Limited well/boring contractor .......................................................................................................................... $75
Monitoring well contractor ................................................................................................................................ $75
Well contractor ................................................................................................................................................ $250
Hoist/drilling machine registration .................................................................................................................... $75
Core Function (delegated programs)
Well construction ............................................................................................................................................... $20
Well sealing ......................................................................................................................................................... $5
*
Monitoring well site permits include motor fuel retail outlet sites, petroleum bulk retail storage sites, and
agricultural chemical retail facilities.
** $7.50 is retained by the County Recorder.
*** Minnesota Session Laws 2009, Chapter 101, SF 2082, article 2, section 59, established a surcharge on all
licenses, effective from July 1, 2009, to June 30, 2015. Ten percent (10 percent) of each license fee must be
sent to the Minnesota electronic licensing system. The total fee and surcharge for the licenses now at $75 will
increase to $82.50, and the well contractor license fee and surcharge will increase to $275.
Previous state law exempted governments from the requirement to pay fees. This exemption was removed, effective
July 1, 2009. Federal, state, and local governments must now pay all fees including variance, notification, and
maintenance permit fees.
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4725.0400 [Repealed, 15 SR 1597]
4725.0410 VARIANCE.
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.
The MDH has adopted a general variance rule which applies to all variance requests for all of the MDH
rules. These general requirements are found in Minnesota Rules, Chapter 4717, which is included in the
appendix.
Specific requirements for variances from this rule (Minnesota Rules, Chapter 4725) are found in this rule
part.
Variance applications must contain the information required in Minnesota Rules, Chapter 4717, and
Chapter 4725.
A summary of the variance process and requirements is located at the end of this rule part.
The variance application form is available electronically as a PDF file at the MDH Well Management
Section Web site at: www.health.state.mn.us/divs/eh/wells/lwcinfo.
The variance fee is $215 and is not refundable.
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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.
The variance request must be signed by the owner of the well or boring if the request involves a well or
boring, the property owner if the well or boring owner and property owner are different persons, and the
certified representative of the contractor if there is work being done by a well or boring contractor.
The variance request must be submitted in writing. Variances cannot be granted “after the fact.” That is,
a variance must be approved prior to construction. The request must contain the $215 fee and the
information listed above. Additional information is required by Minnesota Rules, Chapter 4717, which is
located in the appendix and is summarized at the end of this rule part.
Variance requests that do not contain the required information will be returned, and the variance not acted
upon until the information is complete. After 18 months, an incomplete variance application request will
be denied.
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;
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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 in accordance with 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.
EMERGENCY VARIANCES
Emergency variances may be obtained when public health or the environment are at immediate risk.
Emergency situations may include cases where failure to begin work results in contamination of a well,
boring, or groundwater; where failure of an existing water supply presents an immediate health risk to
livestock or people; or where delay will result in the endangerment of health or safety.
A request for an emergency variance will not be approved until after the written variance application and
applicable fee have been submitted to the MDH. The variance request will be reviewed by MDH Well
Management Section district staff, in consultation with the manager of the Well Management Section.
Construction may start upon receipt of verbal approval from the Well Management Section manager.
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DELEGATED WELL PROGRAM VARIANCES
Both the MDH and the delegated well program must review a variance request for a regulated well or
boring located in a county or city with a delegated well program. The variance request should be
submitted to the MDH. The MDH will forward a copy of the variance request to the delegated well
program, and will arrange for a site inspection, typically jointly with the delegated well program staff.
After consultation with the delegated well program, the MDH will prepare a letter that approves, approves
with conditions, or denies the variance request.
Approvals are handled in one of two ways, depending on the delegated well program. For most delegated
well programs (city of Bloomington; city of Minneapolis; Blue Earth County, LeSueur County, Olmsted
County, and Waseca Counties), the MDH will send an approval letter directly to the applicant(s), with a
copy sent to the delegated well program. For the remainder of the delegated well programs (Dakota
County, Goodhue County, Wabasha County, and Winona County), the MDH will send a letter to the
delegated well program recommending that the variance be approved. The delegated well program then
has the option to approve the variance as written by the MDH, approve the variance with additional
conditions, or deny the variance request. A delegated well program may not grant a variance unless the
MDH has first recommended approval of the variance request.
If a variance request is denied by the MDH, the denial letter is sent directly to the applicant(s). A
delegated well program may not grant a variance that has been denied by the MDH.
The delegated well program may charge an additional variance fee, require submission of additional
documentation, and impose additional conditions on a variance approval.
VARIANCE PROCESS
Variances are only granted when issuance of the variance protects the public health and groundwater
and only in cases of unusual hardship or circumstance. Variances have not been granted for
convenience, aesthetics, or where the rules can be physically and reasonably met. A variance cannot be
granted after a violation of rule or statute has occurred. A variance request will not be processed until the
MDH receives the fee, a written variance application signed by the party requesting the variance and the
contractor, and the accompanying documentation and supporting information. A person has a right to
apply for a variance. We encourage persons who believe they may need to variance to contact the MDH.
The MDH will be available to consult and in most cases make a preliminary investigation and assessment
prior to completing the formal request and submitting the fee. This may reduce the time for processing, or
this may result in finding an alternative solution that does not require a variance.
Upon receiving the variance request, the MDH will attempt to process the request within two weeks. A
field inspection will be conducted by MDH staff along with interviews of concerned and affected parties
including local governmental officials. The documentation and justification submitted by the party
requesting the variance will be reviewed. All variance requests must be reviewed and signed by the
manager of the Well Management Section before they are in force. The request will be approved, denied,
or approved with conditions. An approval or denial letter will be sent to the person who requests the
variance. A denial may be appealed by pursuing a contested case hearing. Hearing costs are paid by the
agency unless the request is frivolous, in which case the MDH may ask the judge to assess costs to the
applicant. The applicant does not have to be represented by legal counsel, but the MDH will be
represented by an assistant attorney general.
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VARIANCE REQUEST SUMMARY
REQUIREMENTS AND PROCEDURES
GENERAL INFORMATION
● Variances may be granted to any requirement of Minnesota Rules, Chapter 4725.
● Variances may not be granted to state law, including Minnesota Statutes, Chapter 103I.
● Variances shall only have future effect. In other words, after-the-fact variances will not be granted.
● Variances may only be granted in writing by the MDH. Verbal approval for an emergency variance,
as previously described, will be followed with a written approval detailing the agreed upon terms and
conditions.
● Variances in counties or cities which currently have a well program delegation agreement (Blue
Earth, Dakota, Goodhue, LeSueur, Olmsted, Wabasha, Waseca, and Winona counties, and the cities
of Bloomington and Minneapolis) must be approved by both the delegated well program and the
MDH. However, in some cases the MDH sends a single approval letter that includes the local
approval. The variance request must be submitted to the MDH prior to, or at the same time as, the
delegated well program.
● A variance request and approval does not eliminate the need to submit a notification or obtain a
permit.
PROCEDURES FOR REQUESTING A VARIANCE
● The party requesting the variance must submit the variance request in writing to the MDH Well
Management Section along with any applicable fee.
● All variance requests must contain the following:
• The name, address, telephone number, and signature of the person(s) requesting the variance; the
well and property owner if different; and the contractor doing the work;
• The language in the rule from which the variance is requested;
• The reasons that the rule cannot be met, with supporting evidence;
• The alternative or protective measures that will be taken to assure a comparable degree of
protection to health or the environment if a variance is granted;
• The length of time for which the variance is requested;
• A statement that the party applying for the variance will comply with the terms of the variance, if
granted:
• The nonrefundable $215 fee; and the permit or notification fee; and
• Other relevant information the commissioner determines necessary to properly evaluate the request
for the variance.
● Additional information required for variance requests concerning the construction, repair, or sealing
of a well or boring:
• The location of the well or boring in terms of township, range, and three quarter sections;
• The unique number if one has been assigned;
• The name, address, and telephone number of the contractor doing the work; the property owner;
and the well or boring owner if different from the property owner;
• A scaled map showing the location of the well or boring; in relation to the property lines;
• Structures, utilities, and contamination sources cited in the rules;
• The proposed depth of the well or boring;
• The casing type, its diameter, and its depth;
• A description of the method of construction, grout materials, and method of emplacement;
• Description of the anticipated geologic conditions; and
• The depth to water, pumping rate, number of persons served by the well, and a description of the
use of the well.
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●
Additional information required for variance requests to modify the contamination source isolation
distance requirements:
• Information on special construction methods or precautions proposed to prevent contamination of
the well, boring, or groundwater;
• A description of the age, design, size, and type of construction of any existing or potential
contamination sources;
• Any testing, inspection, or certification data; and the name and address of the person supplying the
data;
• Information on the soil type from a soil survey, percolation test, or soil boring report; and
• Copy of any review of contamination sources done by a local or state unit of government under
other applicable regulations.
CRITERIA FOR DECISION; CONDITIONS
The commissioner may grant a variance if:
● The variance was requested in the manner prescribed;
● The variance will have no potential adverse effect on public health, safety, or the environment;
● The alternative measures to be taken, if any, are equivalent to or superior to those prescribed in the
rule;
● Strict compliance with the rule will impose an undue burden on the applicant; and
● The variance does not vary a statutory standard.
NOTIFICATION OF DECISION
The commissioner of health shall notify the party in writing of the commissioner's decision to grant or
deny the variance. If a variance is granted, the notification must specify the period of time for which the
variance will be effective and the alternative measures or conditions, if any, the applicant must meet. If a
variance is denied, the commissioner of health shall specify the reasons for the denial.
EFFECT OF ALTERNATIVE MEASURES OR CONDITIONS
Alternative measures or conditions attached to a variance have the force and effect of the applicable rule.
If the party violates the alternative measures or conditions attached to the variance, the party is subject to
the enforcement actions and penalties provided in the applicable law or rule. The party to whom a
variance has been issued must notify the commissioner of health in writing within 30 days of any material
change in the conditions upon which the variance was granted.
RENEWAL OF VARIANCE
A request for the renewal of a variance must be submitted to the commissioner of health in writing
30 days before its expiration date. Renewal requests must contain the information required under
“Procedures for Requesting a Variance.” The commissioner shall renew a variance if the party continues
to satisfy the criteria for granting the variance and demonstrates compliance with the alternative measures
or conditions imposed at the time the original variance was approved. This provision does not apply if
there has been any material change in the conditions upon which the variance was granted.
DENIAL, REVOCATION, OR REFUSAL TO RENEW; APPEALS
The commissioner shall deny, revoke, or refuse a variance if the commissioner determines that the above
criteria are not met. A party may formally appeal the denial, revocation, or refusal to renew a variance by
requesting, in writing, a contested case hearing under the Administrative Procedure Act, Minnesota
Statutes, Chapter 14, within 30 days of receipt of the notice to deny, revoke, or refuse to renew the
variance.
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SUBMITTAL OF VARIANCE REQUESTS
Variance requests should be submitted to the:
Minnesota Department of Health
Well Management Section
ATTN: Variance Requests
P.O. Box 64502
St. Paul, Minnesota 55164-0502
STAT AUTH: MS s 14.05; 103I.101; 103I.111; 2103I.205; 103I.221; 103I.301;
103I.401; 103I.451; 103I.501; 103I.525, 103I.535, 103I.541, 103I.621; 144.05;
144.12; 144.122; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 1597; 17 SR 2773; 18 SR 1222; 33 SR 211
4725.0450 [Repealed, 17 SR 2773]
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