01-08-1990 Council Packet - Laserfiche WebLink

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■ • -^21 JAN 8 1990TO: Mayor Grabek & Orono Council Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DATK: January 3, 1990 SUBJ: Elimination of Local Well Permitting Authority List of Exhibits - Exhibit A - Memo from Minnesota Dept, of Health-11/30/89 Exhibit B - Staff response-12/21/89 Exhibit C - Orono Municipal Code Section 12.50: Water Well Construction and Abandonment Exhibit D - Excerpts from Minnesota Statute Chapter 103(1). "Wells, Borings and Underground Uses (New)". The Minnesota Department of Health in its infinite wisdom convinced the 1989 Legislature to enact groundwater protection legislation to give the State authority to regulate wells, but also prohibiting local units of government from issuing water well construction or abandonment permits. The legislation further prohibits cities from requiring that well drillers notify the City of wells being constructed or abandoned. I am advised by Health Department staff that the majority of out-state counties and cities do not have a well permitting or inspection program, and that even in Hennepin County, Orono is one of the few outer-ring cities with a relatively high degree of control over wells. Please review the letter of December 21st to Raymond W. Thron, Director of the Minnesota Division of Environmental Health. As noted in that letter, staff perceives this legislation as a severe reduction of our ability to control rural development in Orono. While the City of Orono has historically worked closely with well drillers to avoid potential ground water contamination problems due to incorrect well siting, our ability to continue such activity will be eliminated if we don't have a well permit or notification system in place. The new regulations allow for permitting/inspection delegation agreements between the State and local Boards of Health. The City of Orono does not have a local Board of Health. Only a few cities within Hennepin County have one. I am advised by Roger Carlson of the Hennepin County Environmental Health Department that while he is attempting to convince the County Commissioners to fund a County permitting/inspection program, he is getting nowhere. He also informs me that the County does not intend to allow the creation of new local Boards of Health. At the same time this authority is taken away from us, neither the County nor the State have a functional program in place to permit or inspect wells. The State has only a handful