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DEPARTMENToFHEAITH
Protectin� mairataining and improving the health of all Minnesotans
NOTICE OF VIOLATION
January 27, 2005
Refer to: License Number 27172
Mr. Mark Stodola
Don Stodola Well Drilling Company, Inc.
3841 Main Street
St. Bonifacius, Minnesota 55375
Dear Mr. Stodola:
Subject: Violations of Minnesota Rules, Chapter 4725 for Minnesota Unique Well
Number 668049, Located at 1570 Sixth Avenue North, Orono, Hennepin
County Minnesota
The purpose of this letter is to inform you of violations of Minnesota Rules, Chapter 4725, and to
request that you make specific corrections at the subject site.
Mr. Douglas Edson, district hydrologist from the Minnesota Department of Health (MDH),
Metro district office, inspected the subject property on November 1, 2, and 4, 2004.
Mr. Edson spoke with Mr. John Whitman, owner of the subject property. Mr. Whitman stated
that he hired Don Stodola Well Drilling Company, Inc., to construct a replacement well in 2001.
The existing well was sealed under Minnesota Well and Boring Sealing Number H188361. The
replacement well, Minnesota Unique Well Number 668049, was completed in October 2001 by
Don Stodola Well Drilling Company, Inc.
On November 1, 2004, Mr. Edson observed that Minnesota Unique Well Number 668049
appeared to be located less than 10 feet from a buried electric transmission line, less than 50 feet
from a septic tank, and less than 50 feet from a sewer. Mr. Edson recommended that
Mr. Whitman have the electric transmission line located to determine the exact distance between
the electric line and the well.
On November 2, 2004,Mr. Edson inspected the well to verify the distance between the electric
line and the well. The electric line had been located and marked by the utility through Gopher
State One Call. The distance between the electric line and well was 6 feet. Mr. Whitman
General Information: (651) 215-5800 • TDD/TYY: (651) 215-8980 • Minnesota Relay Service: (800) 627-3529 � www.health.state.mn.us
For directions to any of the 1VIDH locations,call(G51)215-5800 • �equal opportunity employer
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Mr. Mark Stodola
Page 2
January 27, 2005
reported that the well was constructed after installation of the electric line. Minnesota Rules,
part 4725.2150, requires a minimum separation of 10 feet between a well and an electric
transmission line. The minimum distance may be reduced to 5 feet if the electric line is
deenergized or grounded when well construction, repair, or sealing occurs, and if a warning sign
is attached to the well. A warning sign was not attached to the well, and the electric line was not
reportedly deenergized when well construction occurred.
On November 4, 2004, Mr. Edson met with Mr. Whitman, and Mr. Matt Bolterman, city of
Orono septic system compliance officer, to verify the distance between the well and the septic
system. Mr. Edson and Mr. Bolterman determined that the well was located 48 feet from the
septic tank riser. Records available at the city of Orono reported that the septic tank is a round,
1,000-gallon tank. The tank was not excavated to determine the exact separation between the
closest part of the tank and well, but based on records and septic tank configuration, the tank is
estimated to be 45 feet or less from the well. Minnesota Rules, part 4725.4450, require a
minimum 50-foot separation between a well and a septic tank.
Mr. Bolterman provided Mr. Edson with documentation that the buried sewers inside the house
were constructed of approved materials and had been successfully air tested when the plumbing
was installed. City records did not contain information about sewers outside the building.
Mr. Edson contacted Mr. Alan Morton, who installed the sewers. Mr. Morton reported that the
interior sewer was constructed of approved materials and was air tested,but that the exterior
sewer was not. Mr. Edson determined that the untested, buried exterior sewer is located 47 feet
from the well. Minnesota Rules, part 4725.4450 require a minimum 50-foot separation between
a well and a buried sewer. The separation may be reduced to 20 feet for certain sewers that are
constructed of approved materials and have been successfully air tested.
Mr. Edson determined that a location exists on the property to install a well in compliance with
Minnesota rules.
Mr. Edson informed Mr. Rick Stodola that Don Stodola Well Drilling Company, Inc., had
installed a well too close to a buried electric line, a septic tank, and a sewer in violation of
Minnesota Rules, Chapter 4725. As of this date, the well remains in violation of the rules.
The well, Minnesota Unique Well Number 668049, was installed by Don Stodola Well Drilling
Company, Inc., in violation of Minnesota Rules, Chapter 4725 as follows:
• Minnesota Rules, part 47252150 requires a minimum separation of 10 feet between a
well and an electric transmission line. The minimum distance may be reduced to 5 feet if the
electric line is deenergized or grounded when well construction, repair, or sealing occurs, and
if a warning sign is attached to the well.
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Mr. Mark Stodola
Page 3
January 27, 2005
• Minnesota Rules,part 4725.4450, subpart 1, item E(8), requires that a water-supply well
must be no less than 50 feet from a septic tank, sewage lift station,nonwatertight sewage
sump, or holding tank.
• Minnesota Rules,part 4725.4450, subpart 1, item E(12) and F(5), requires a minimum
50-foot separation between a well and a buried sewer. The separation may be reduced to 20
feet for certain sewers that are constructed of approved materials and have been successfully
air tested.
In order to bring the subject well into compliance with Minnesota Rules, �art 4725.4450,the
completion of ONE of the following corrective actions must be done by March 1, 2005:
1. The subject well must be permanently sealed by a licensed well contractor in accordance with
Minnesota Rules, Chapter 4725 and be replaced with a well which meets all of the
requirements of Minnesota Rules, Chapter 4725.
OR
2. The septic tank must be relocated at least 50 feet from the subject well, the sewer within 50
feet of the well must be relocated at least 50 feet from the well or replaced with an air tested
approved sewer, and a sign must be atta.ched to the well warning of the electrical hazard in
accordance with Minnesota Rules, Chapter 4725.
Failure to complete one of the prescribed corrective actions by March 1,2005,may result in the
MDH initiating additional enforcement actions against Don Stodola Well Drilling Company, Inc.
Please be advised that any repeated violations of Minnesota Rules, Chapter 4725,may result in
the assessment of administrative penalties against Don Stodola Well Drilling Company Inc. for
each violation.
You must contact Mr. Edson at 651/643-2109, or me at 651/643-2108 at least 24 hours prior to
the date the corrective work will begin so that arrangements can be made for an inspector to be
present during the corrective work if necessary. This is a REQUIREMENT of this notice and
failure to notify the NIDH prior to beginning corrective work may result in the NIDH initiating
additional enforcement actions against you.
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Mr. Mark Stodola
Page 4
January 27, 2005
Please contact Mr. Edson or me within 10 days of receipt of this letter if you believe our
information is incorrect, incomplete, or if you have any questions about the content of this letter.
Sincerely,
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Ronald D. Thompson, Supervisor
Metro Compliance and Inspection
Well Management Section
P.O. Box 64975
St. Paul,Minnesota 55164-0975
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cc: Mr. John Whihnan
Mr. Matt Bolterman, City of Orono