§ 103I.231 — Commissioner May Order Repairs
Plain-Language Summary
This section allows the Commissioner of Health to order a property owner to repair, reconstruct, or seal a well or boring if it is contaminated or could spread contamination. If the owner does not comply, the commissioner can have the work done and charge the costs to the property owner.
103I.231 COMMISSIONER MAY ORDER REPAIRS.
(a) The commissioner may order a property owner to take remedial measures, including making repairs, reconstructing, or sealing a well or boring according to provisions of this chapter. The order may be issued if the commissioner determines, based on inspection of the water or the well or boring site or an analysis of water from the well or boring, that the well or boring:
(1) is contaminated or may contribute to the spread of contamination;
(2) is required to be sealed under this chapter and has not been sealed according to provisions of this chapter;
(3) is in a state of disrepair so that its continued existence endangers the quality of the groundwater;
(4) is a health or safety hazard; or
(5) is located in a place or constructed in a manner that its continued use or existence endangers the quality of the groundwater.
(b) The order of the commissioner may be enforced in an action to seek compliance brought by the commissioner in the district court of the county where the well or boring is located.
History:
1989 c 326 art 3 s 13; 1991 c 355 s 25; 2005 c 106 s 26
History: History: 1989 c 326 art 3 s 13; 1991 c 355 s 25; 2005 c 106 s 26