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Title

10

:
Conservation and Development






Chapter

048

:
GROUNDWATER PROTECTION






Subchapter

003
:
LICENSING OF WELL CONTRACTORS AND STANDARDS FOR WELL CONSTRUCTION










 

§

1395a. Licenses; rules

(a) The

department shall issue licenses under this subchapter. A licensee may be

authorized to perform more than one class of activities under a single license.

The department shall, by rule, establish appropriate application, testing, and

renewal procedures for each class of activity under a license. The rule shall

include the opportunity for an applicant to take the licensing test orally or

by demonstration if the applicant fails the written test. The classes of

activities under a license shall be as follows:

(1) Water well

driller. This class shall consist of any person engaged in the business of

constructing wells for the purpose of locating, extracting or recharging

groundwater, or for the purpose of transferring heat to or from the earth's

subsurface.

(2) Monitoring

well driller. This class shall consist of any person engaged in the business of

constructing, servicing or closing wells drilled for the purpose of monitoring

groundwater quantity or quality.

(3), (4) [Repealed.]

(b) The

department may adopt rules to implement the provisions of this subchapter and

to establish well construction standards for persons engaged in the business of

well construction.

(c) Rules

relating to licensing standards shall be fair and reasonable and shall be

designed and implemented to insure that all applicants are granted licensure if

they demonstrate that they possess the minimal occupational qualifications

necessary for the purposes of groundwater protection. They shall not be

designed or implemented for the purpose of limiting the number of licensees.

All other rules to implement the provisions of this subchapter shall be

rationally related to the purposes of this chapter, and shall be designed to

achieve a reasonable balance between the expected governmental, societal and

occupational costs and the expected benefits. (Added 1989, No. 201 (Adj.

Sess.), § 3; amended 1995, No. 103 (Adj. Sess.), § 2; 2001, No. 65, § 29.)