Volume 30, No. 2 Fall 2010/Winter 2011 Flowing Well and Boring Special Construction Areas Now on Well Management Section Web Site The Well Management Section has added a new feature to our Web site regarding Flowing Well and Boring Special Construction Areas. This feature can be found in the left margin on the Well Management Section’s home Web page, or at: www.health.state.mn.us/divs/eh/wells/flowing. One Flowing Well and Boring Special Construction Area has been designated to date, and is located in Hubbard County, along the southeast shore of Kabekona Lake and the south shore of Benedict Lake. Under Minnesota Rules, part 4725.3450, subpart 2, item A (3), the Commissioner of Health can designate a Flowing Well and Boring Special Construction Area “. . . where the use of standard construction techniques have resulted in uncontrolled flows, or where hydrogeologic conditions such as eroded or unstable confining layers require special construction to successfully complete a well or boring and confine the artesian pressure.” In addition to requiring special construction techniques, contractors must notify Well Management Section field staff prior to starting work so that arrangement for inspection can be made. If a well or boring contractor is unprepared to handle flowing conditions, regaining control of high flows can be extremely difficult and can result in a variety of serious problems. Uncontrolled flows can cause serious land erosion and land subsidence problems, create unsafe conditions, damage drilling equipment and structures, and waste groundwater. Once control of flowing groundwater from the drill hole is lost and the drill hole starts to erode, it is often very difficult to regain control, contain the flow, and complete the well or boring. INSIDE: 2011 License Renewals Local Regulation of Wells – Updated Information David Traut Completes Service on Advisory Council Lost Municipal Well Found in Hastings New Appointment to Advisory Council Advisory Council – Upcoming Vacancies Test Your Knowledge September Flooding in Southern Minnesota News Stories on Arsenic in Western Metro Drinking Water Plumbing and Well Work Obituaries New Contractor Certifications Continuing Education Calendar 2011 License Renewals The 2011 license renewals for explorer companies and registration renewals for monitoring well contractors were mailed in early November 2010. These licenses/registrations expire on December 31, 2010, if not renewed. The renewals for well contractors, individual well contractors, elevator contractors, and limited well and boring contractors were mailed in early December 2010. These licenses expire on January 31, 2011. A $75 late fee must be paid for any renewals postmarked after the expiration date of the license/registration. Persons completing the renewal packet should read the instructions carefully to make sure the contractor license renewal forms and the representative certification form are completed properly. Contractor license renewal applicants must: • Note the contractor license type. • Register any drilling machines and/or pump hoists in use. • Enclose an original corporate surety bond or bond continuation certificate, unless a continuous bond is already on file. • List the representative(s) and their certification number(s). • Provide required information regarding worker’s compensation insurance. • Sign the renewal application. • Enclose the appropriate renewal fee ($275 for well contractors and $82.50 for all other contractors). • Provide Well and Boring Records, Well and Boring Sealing Records, and water sample reports for any outstanding notifications and permits. For renewal of the representative’s certification, the representative must: • Note the certification types he/she holds. • Identify the company that he/she represents. • List the continuing education taken since the last renewal. All representatives, except explorers, must obtain two hours of Minnesota Department of Health (MDH)-provided or -sponsored continuing education. Representatives for well contractor and monitoring well contractors must obtain four additional hours of MDH-approved continuing education. • Sign the renewal application. There is no fee for renewal of a representative’s certification. Note that the required amount for the corporate surety bond is $25,000 for well contractors, $10,000 for elevator contractors, monitoring well contractors, and limited well and boring contractors, and $2,000 for pump installers and pitless/screen contractors. Explorers do not provide a bond to the MDH. 2 Local Regulation of Wells – Updated Information By now, many of you have probably seen the League of Minnesota Cities’ Web posting regarding local regulation of wells. The Minnesota Department of Health (MDH) has already heard from a number of contractors asking what this means. Minnesota statutes clearly prohibit cities from regulating the construction, maintenance, or sealing of wells, unless the MDH has delegated the authority (Minnesota Statutes, section 103I.111, subdivision 3.). Well Program staff have historically interpreted that to mean that local governments could not ban wells, either public or private, without delegation. Recently, the League of Minnesota Cities asked MDH to review our interpretation of this requirement, and attorneys for MDH have now determined that while the language of Minnesota Statutes, section 103I.111 prohibits local regulation of wells without MDH delegation, it is silent about city ordinances that simply ban wells. Therefore, Minnesota Statutes, Chapter 103I does not prohibit city well bans. This determination was then communicated to the League of Minnesota Cities. The League of Minnesota Cities’ posting correctly confirmed that cities do not have the authority to regulate the construction, maintenance, or sealing of wells. This means that cities may not establish “well codes” regulating where a well is located on a property, how a well is constructed, or how a well is sealed. They also may not require a permit or notification for wells without delegation (Minnesota Statutes, section 103I.205, subdivision 1). All state requirements for well notifications and permits remain in effect, as well as all the other provisions of Minnesota Statutes, Chapter 103I; Minnesota Rules, Chapter 4725; and Minnesota Rules, Chapter 4727. David Traut Completes Service on Advisory Council David Traut, representative for Mark J. Traut Wells, Inc, of Waite Park, Minnesota, recently completed two terms (eight years) as a well contractor member and as the chairman of the Advisory Council on Wells and Borings. During his tenure on the council, he guided the council through a major revision of Minnesota Rules, Chapter 4725 (Wells and Borings). The council has also advised the Well Management Section on a wide variety of licensing, technical, and policy issues during his tenure. At the council meeting on December 1, 2010, Daniel Wilson, Minnesota Department of Health (MDH) Well Management Section Manager, Daniel Wilson (left), MDH Well Management Section presented David Traut with a letter from Health Manager, presents David Traut (right) with a plaque recognizing his eight years of service on the Advisory Commissioner Dr. Sanne Magnan, thanking him Council on Wells and Borings. for his dedicated service to the state of Minnesota. David Traut also received a state of Minnesota plaque acknowledging his service. 3 Lost Municipal Well that Caused Waterborne Disease Outbreak in the 1920s is Found in Hastings, Minnesota The Dakota County Environmental Management Delegated Well Program and the Minnesota Department of Health (MDH) Well Management Section have worked together with the city of Hastings Public Works Department, to locate the original Hastings municipal Well Number 1, which was taken out of service and buried in the 1930s, without ever being properly sealed. An original well construction record did not exist for the well. Available documents referencing the well indicated that it was 415 feet deep and was constructed prior to 1911. Minnesota State Board of Health engineering reports indicated that the well was located in the bottom of a 14-foot square by 18½-foot deep well pit, within 25 feet of the Mississippi River in Fire Insurance Map from 1924 showing location of Hastings downtown Hastings, Minnesota. The reports original municipal Well Number 1 and its pump house near the Mississippi River in downtown Hastings, Minnesota. also indicated that the well provided approximately 90,000 gallons of water per day to residents in the city; filled two coaches of the Chicago, Milwaukee, and St. Paul Railway Company; and also furnished water to the railroad depot. Early sanitation reports indicated the presence of as much as 10 feet of “waste water” in the well pit. Consequently, the sanitary conditions of the well were rated as “unsatisfactory.” Recommendations were made to seal the well pit floor with concrete. Improvements were made in the early 1920s and a new motor driven centrifugal pump was installed in 1922. Coliform bacteria were detected in the water on repeated occasions after the improvements were made. Repeated disinfection of the system improved the bacteriological quality of the water. A Minnesota State Board of Health engineering report from October 1928 indicated that on September 28, 1928, an outbreak of diarrhea and intestinal disturbances was reported in the city of Hastings, and that 12 water samples collected from the distribution system were contaminated with bacteria. Additional water samples were collected directly from the well after disinfection and were found to be positive for bacteria. The field engineer, O.E. Brownell, reported that the well “was not properly protected and located.” The MDH, Division of Sanitation recommended that direct injection of chlorine into the distribution system take place until a new well could be located and constructed, and that the new well be constructed far enough from the Mississippi River and other sources of contamination to prevent the contamination of the water supply. In 2009, staff from the Dakota County Environmental Management Department’s Delegated Well Program obtained fire insurance maps from as far back as 1911 showing the location of a city pumphouse and well in Levee Park in downtown Hastings, Minnesota. There was no well sealing record on file indicating that the well had been properly sealed. Dakota County staff conducted a magnetometer survey in the park to search for the well and detected a large magnetic anomaly in the park near the Mississippi River. The anomaly was so large, staff weren’t sure if it was the well or some other buried, 4 metallic debris. In addition, there was a large, memorial ash tree growing in the middle of the area where the well was suspected to be buried and the city was very wary about excavating near the tree and potentially harming it. The tree had been planted by the American Legion Post located adjacent to the park. In May 2009, the MDH Well Management Section was asked to resurvey the park with a magnetometer. The MDH came up with the same high readings, consistent with a large, buried, steel-cased well. The city of Hastings had an excavator on-site that day and did some preliminary excavation next to the tree and found two heavy steel rails, buried horizontally approximately 1-foot below the surface. The rails were embedded in concrete and extended underneath, and beyond the tree trunk. After several discussions and negotiations about the fate of the tree and budgeting, the Otto Excavating Company removing steel reinforcing rails city agreed to remove the tree to perform of pumphouse floor covering old well pit. more extensive excavation in this area to search for the well. On April 26, 2010, the city of Hastings removed the tree and began removal of the steel rails that were underneath it. After the rails were removed, it became evident that the old well pit had been uncovered. The steel rails were supports for the poured concrete floor of the old well house. Further excavation revealed the 14-foot square well pit. It had apparently been filled in with demolition debris from the pump house, sand, and pieces of asphalt. It took two full days to remove the debris and distribution piping in the pit that were on top of the well. Both an excavator and a vacuum truck were used to clean out the 18-foot deep well pit. The old, motor-driven, centrifugal pump was found in place on its base next to the well casing at the bottom of the pit, still connected to the 10-inch diameter well. Centrifugal pump and well at the bottom of the 18-foot deep well pit. 5 Now that the well had been located, a plan had to be devised to properly seal the well. The well was located within 50 feet of the Mississippi River and the top of the well casing was 17 feet below the surface; approximately river level. It was anticipated that artesian conditions, where water would flow freely from the well, would be encountered once the pump and suction pipe were removed from the well. The city of Hastings hired Kimmes-Bauer Well Drilling, Inc., from Hastings, Minnesota, to remove the pump from the well, extend the well casing above the ground surface to stop any artesian flow, and to temporarily cap the well. Employees of Kimmes-Bauer unbolted the pump and suction pipe on April 28, 2010, and hoisted them out of the well. Water began to flow freely from the well. The city of Hastings had set up a centrifugal pump and suction hose and began pumping water from the well pit so that an inflatable packer could be installed into the well. The pump had trouble keeping up with the rising water level in the pit. Employees of Kimmes-Bauer were able to insert their packer, despite the rising water, and stop the flow of water from the well. A 10-inch diameter extension pipe was then bolted onto the well casing to extend it above the top of the well pit. The inflatable packer was then removed and the water rose in the casing to within 7 feet of the surface before it stopped rising. Once this work was accomplished, the MDH’s Well Management Section televised the well, and the Minnesota Geological Survey gamma-logged the well to determine how the well was constructed and what methods would need to be employed to properly seal the well. These surveys showed that the well was constructed with 10-inch diameter steel well casing from the surface to 70 feet. With the inflatable packer in place to shut off the artesian flow of water, Aaron Bauer prepares to bolt on casing extension. Based on the information generated by the video inspection and gamma-log, the MDH determined that the 10-inch casing was set inside of a larger bore hole, or casing, and that perforation of the casing was necessary prior to sealing in order to properly seal the well. The total depth of the well was 481 feet and the geologic formations penetrated were: Interval Geologic Formation 0-20 feet 20-83 feet 83-198 feet 198-232 feet 232-406 feet 406-461 feet 461-481 feet Glacial deposits Prairie du Chien limestone Jordan sandstone St. Lawrence (confining layer) Franconia sandstone Ironton-Galesville sandstone Eau Claire (confining layer) The city of Hastings hired Kimmes-Bauer Well Drilling, Inc. to perforate the well casing and seal the well. Kimmes-Bauer employees used a wheel perforator to perforate the well casing and then permanently sealed the well with 11½ yards of neat-cement grout on July 8 and 9, 2010. 6 This case highlights the need for cities and regulators to examine the history of city water systems and to determine the status of all old wells that are no longer in use. Old wells that are no longer in use and are not repairable must be permanently sealed by a Minnesota licensed well contractor or well sealing contractor. A Well and Boring Sealing Record must be completed by the contractor and submitted to MDH for the well to be considered to be properly sealed. Persons can contact the MDH Well Management Section at 651-201-4600, to determine if a Well and Boring Sealing Record is on file for a particular well. As a footnote to this story, prior to having the well sealed, the city of Hastings was informed that this public water-supply well might qualify for well sealing grant money through the MDH’s Source Water Protection Section. The grant money comes from the Minnesota Clean Water, Land, and Legacy Amendment Fund. Certain community and noncommunity watersupply systems are eligible for funding. The city of Hastings applied for, and was awarded, $10,000 in grant money to help pay for the well Aaron Bauer and Phil Doffing, with Kimmes-Bauer Well Drilling, Inc., finish sealing the well with neat-cement sealing costs. For more information on this grout. grant program, you can go to: www.health.state.mn.us/divs/eh/water/swp/grants. New Member Appointed to Advisory Council on Wells and Borings Mr. Peter T. Moulton of St. Peter, Minnesota, was recently appointed by Commissioner Sanne Magnan, M.D., Ph.D., as the second public member on the Advisory Council on Wells and Borings. He assumes the position previously held by Mr. Rexford Singer. Mr. Moulton is the Water Utilities Superintendent for the city of Saint Peter, where he oversees water, wastewater, and storm water utilities. He holds certifications as a Water Supply System Operator (Class A), Wastewater Treatment System Operator (Class A), Collection System Operator (Class SB), and Biosolids System Operator (Type 4). Mr. Moulton is chair of the Minnesota Water/Wastewater Agency Response Network (MN WARN), which assists communities to restore and operate water and wastewater systems that have been severely damaged through natural disasters or other catastrophic events. He is also president of the Minnesota Section of the American Water Works Association. The council and MDH welcome Mr. Moulton to the council and look forward to his contributions in the future. 7 Advisory Council on Wells and Borings Upcoming Vacancies The Advisory Council on Wells and Borings advises the Minnesota Department of Health (MDH) on technical matters related to the construction, maintenance, and sealing of wells and borings, and on the licensure/registration of well and boring contractors. The council meets quarterly (usually on the first Wednesday of March, June, September, and December). As established in Minnesota Statutes, section 103I.105, the council consists of 18 members, including six well contractors, four limited or specialized well/boring contractors (elevator, explorer, monitoring well, vertical heat exchanger), two public members, and six representatives of various state agencies. Terms of appointment are for four years. Effective January 1, 2011, the terms of six members will expire, including three well contractors, one explorer, one vertical heat exchanger contractor, and one public member. Persons interested in serving on the advisory council must submit an application to the Secretary of State, who handles all applications for open appointment to state boards, councils, commissions, and other groups. The Commissioner of MDH makes the actual appointments to the council. Members receive a $55 per diem for each meeting attended. Expenses for lodging, meals, and travel are reimbursed. State agency representatives are assigned by their respective Commissioners and do not receive per diem or reimbursements. Agency representatives are either reappointed or replaced whenever their Commissioners are replaced, typically when a new governor comes into office. Application forms and related information can be obtained by contacting the Secretary of State at: Secretary of State – Open Appointments State Office Building, Room 180 100 Rev. Dr. Martin Luther King Jr. Boulevard St. Paul, Minnesota 55155-1299 Phone: 651-215-1440 (metro) or 877-600-8683 (outstate) Fax: 651-296-9073 E-mail: [email protected] Web site: www.sos.state.mn.us If you have further questions about the advisory council, you may contact Mr. Michael Convery at 651-201-4586. MINNESOTA WELL MANAGEMENT NEWS Published twice per year by the Well Management Section, Minnesota Department of Health www.health.state.mn.us/divs/eh/wells Editor: Patrick Sarafolean, 651-201-3962 Contributors: Well Management Section Staff unless otherwise noted. To request this document in another format, call 651-201-4600 Deaf and hard-of-hearing: TTY 651-201-5797 Reprinting of articles in this newsletter is encouraged. Please give credit to the Minnesota Department of Health or noted source. 8 Test Your Knowledge 1. Minnesota Rules, Chapter 4725, requires that drilling contractors take depth measurements (i.e., well depth, casing depth, static water level . . . ) starting at what point of reference? A. B. C. D. The established ground surface. The top of the casing. The top of the rig table. The base of the pitless connection. 2. A vertical heat exchanger is exempt from: A. B. C. D. E. 35-foot setback to a water-supply well. 10-foot setback to a buried gas line. 3-foot setback to a building, overhang, or deck. All of the above. None of the above. 3. A 50-foot setback distance is required between a water-supply well and: A. B. C. D. The ordinary high water mark of a lake, river, or stream. A 256-gallon fuel oil tank in a basement with a dirt floor. A municipal or collector sewer. A cesspool or leaching pit that has been pumped, collapsed or removed, and filled with clean earth. (See answers on page 10.) September Flooding in Southern Minnesota Heavy rains of up to 10 inches over a two day period caused record flooding in southern Minnesota in September 2010. Twenty-nine southern Minnesota counties received Federal Major Disaster declarations. Some of the towns affected by the flooding included Owatonna, Pine Island, Truman, Oronoco, Cannon Falls, Zumbro Falls, Northfield, and New Richland. Many homes had to be evacuated, Highway 35 in Owatonna was closed for a period of time, and a bridge in Oronoco washed out. Minnesota Department of Health (MDH), Well Management Section staff participated in the emergency response by staffing the Department Operations Center (DOC), coordinating MDH response activities, and arranging well testing services for owners of flooded private wells with the MDH Public Health Laboratory. Well Management Section staff in southern Minnesota distributed water sample kits to local governments, contacted well owners whose flooded wells were contaminated with bacteria, assisted well owners with well disinfection questions, and provided technical assistance to well owners whose wells were in need of repair or replacement. Approximately 500 well test kits were distributed for the flood event. To date, approximately 80 wells have been tested, with half testing positive for coliform bacteria. Response to this flooding event will likely last into the spring of 2011. 9 News Stories on Arsenic in Western Metro Drinking Water In the summer of 2010, several twin cities television stations broadcast news stories reporting that a large number of private water-supply wells in the cities of Deephaven and Shorewood in Hennepin County, had elevated levels of arsenic. Reports stated that many wells in these communities exceeded 10 micrograms per liter (µg/L). Since August 2008, Minnesota Rules, Chapter 4725 (the well code) has required that all new watersupply wells constructed in Minnesota, be tested for arsenic. The results collected from new wells constructed since 2008 indicate that the number of new wells with arsenic exceeding 10 µg/L in Deephaven and Shorewood, is similar to the statewide average of 9 percent. Plumbing and Well Work The Minnesota Department of Labor and Industry (DLI) licenses plumbers and regulates plumbing work in Minnesota. The Plumbing Board establishes and amends the Plumbing Code. Amendments to the plumbing licensing law in 2007 established a state-wide requirement for a plumbing license and bond to contract for plumbing work anywhere in the state. “Plumbing” is basically defined as potable water piping or sewer piping within a property. The law contained no exemptions for plumbing work that historically has been done by well contractors. The 2007 law also created a restricted plumbing license, which allows a restricted plumber to do plumbing work except in cities over 5,000 population. A number of well contractors have obtained this license. The restricted license application period has expired, and unless the law is changed, no new restricted licenses will be issued. The DLI determined that since the well rules regulated “pumps and pumping equipment,” a Minnesota Department of Health licensed and bonded well contractor could install a water line from a well to a pressure tank without a plumbing license; however, this exemption did not extend to the installation of frost proof hydrants and water lines to stock waterers, barns, and other out-buildings. The Minnesota Water Well Association (MWWA) met with the DLI, the MDH, and the Plumbing Board to discuss an amendment to the law allowing this work to be done by a well contractor without a plumbing license. The plumbing law was amended in 2010; however, the amendment is not in effect until January 1, 2012. The amendment sunsets after one year, and the amendment only allows the installation of “ . . . (1) 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 (2) a temporary shut-off valve on a well water service pipe.” The MWWA is continuing to meet with interested parties concerning further amendment of the law. Answers to “Test Your Knowledge” 1. A 2. E 3. C 10 Obituaries Kenneth McCarroll, 65, of McCarroll Well Drilling, Deer River, Minnesota, passed away at home on June 25, 2010. Ken was born on June 9, 1945, and was raised and attended school in Deer River, Minnesota. Ken moved to Casper, Wyoming, and worked on bridges and moved back to Deer River and joined the U.S. Army in 1965. He served in Vietnam and was discharged on July 17, 1967. Ken married Louise Hulbert on June 1, 1968. He worked in the woods, as an ironworker, and had his own well drilling business. Ken is survived by his wife Louise, three sons Jay, Joe, and Jake (Kelly); 12 grandchildren; mother, Inga Ward; two sisters and two brothers. Francis L. Lundon, 72, of Lundon Brothers well company, Mahnomen, Minnesota, was killed tragically along with his wife Ethyl (Dunbar), by an intruder at their home in Mahnomen on October 1, 2010. Francis was born to Leo and Kathryn (Broers) Lundon in 1937 in Mahnomen. He attended St. Michaels’s Catholic School and married Ethyl Dunbar on May 24, 1958. They settled and raised their family southeast of Mahnomen. Family was important to Francis and Ethyl. They raised six children and played an active part in their grandchildren’s projects and activities. Francis and his brother Bill bought their first well drilling rig in 1965 from Orville Espe. They have been in business ever since. Francis was an outdoorsman who loved hunting, ice fishing, cutting wood, planting trees, and gardening. He also spent many hours tinkering, gunsmithing, and taking in the local racing scene. Francis and Ethyl are survived by their sons Jesse (Lynnea) Lundon of Waubun, Shane (Wendy) Lundon of Callaway, and Frankie (Michelle) Lundon of Waubun; daughters Paula (Robin) Larson of Ada and Mary (Steve) Kramer of Mentor, Minnesota; 14 grandchildren and one great grandson. Francis and Ethyl were preceded in death by their parents and two daughters. New Contractor Certifications Well Contractor Todd A. Jaeckels Jaeckels Well Service, Inc. New Prague, Minnesota Pump Installer Terrance W. Martin Wilton Well and Pump Service Wilton, Minnesota Vertical Heat Exchanger Contractor Robert R. Fritz Hastings, Minnesota Pitless/Screen Contractor Terrance W. Martin Wilton Well and Pump Service Wilton, Minnesota Matthew L. Thune Home Geothermal Systems, LLC Fargo, North Dakota 11 Minnesota Well Management News MINNESOTA DEPARTMENT OF HEALTH WELL MANAGEMENT SECTION 625 ROBERT ST N PO BOX 64975 ST PAUL MN 55164-0975 651-201-4600 or 800-383-9808 Continuing Education Calendar The Internet link to the Minnesota Department of Health (MDH), Well Management Section’s, Continuing Education Calendar is: www.health.state.mn.us/divs/eh/wells/lwcinfo/training.html. This calendar lists the upcoming continuing education courses that have been approved for renewal of certification for representatives of Minnesota licensed and registered well and boring contractors. The calendar also lists the number of credits available for each course. The calendar is updated monthly and, if you subscribe, you will be notified by e-mail when this page changes (new classes added, changes to existing classes). For additional information about any of these training opportunities, call the contact person listed for the program of interest. For general information about continuing education, more current CEU listings, or to request approval for other continuing education activities not listed, contact Mike Convery, Minnesota Department of Health, Well Management Section Operations Unit Supervisor, at 651-2014586, or [email protected]. 12
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