12-004 Code Vt. R. 12-037-004-X
The purpose of this rule is to protect public health and the environment by providing for the licensing of water and monitoring well drillers, the recording and reporting of each well drilled, and the closure of abandoned wells The Water Well Advisory Committee is established as a forum for the well driller industry and other interested parties to advise and assist agency staff on well drilling and groundwater issues.
This rule is adopted under the authority of 10 Vermont Statutes Annotated (V.S.A.) § 1390-1410.
Unless otherwise stated the following definitions apply throughout this rule.
ABANDONED WELL means any well or hole whose original purpose and use has been permanently discontinued or which is in such a state of disrepair that the well or hole has the potential for transmitting contaminants into an aquifer or otherwise threatens the public health or safety.
AGENCY means the Vermont Agency of Natural Resources.
COMMISSIONER means the Commissioner of the Department of Environmental Conservation or the Commissioner's designated representative.
DEPARTMENT means the Department of Environmental Conservation.
GROUNDWATER means water below the land surface, but does not include surface waters within the meaning of 10 V.S.A. § 1251(13).
HOLE means any excavation, deeper than twenty feet with at least one horizontal dimension less than five feet.
LICENSEE means an individual who holds a valid license to engage in the business of drilling water or monitoring wells in the State of Vermont.
PUBLIC WATER SYSTEM means any system or combination of systems owned or developed by a person, which provides drinking water through pipes or other constructed conveyances to the public and which:
QUALIFYING INDIVIDUAL means a licensed well driller designated to oversee and is responsible for the daily drilling operations of a business, governmental or other entity engaged in the business of well drilling.
SECRETARY means the secretary of the Agency of Natural Resources or the Secretary's designated representative.
WELL means any hole deeper than 20 feet drilled, driven or bored into the earth to locate, monitor, extract or recharge groundwater or any hole deeper than 20 feet drilled, driven or bored for the primary purpose of transferring heat to or from the earth's subsurface.
WELL DRILLER refers to both classes of licensed drillers, monitoring and water well, unless specifically identified otherwise.
This rule applies to any individual, business, governmental or other entity that intends to engage in drilling water or monitoring wells in the State of Vermont.
No individual shall engage in the business of well drilling or closing abandoned wells without a valid water or monitoring well driller's license. No business, governmental or other entity engaged in the business of well drilling shall drill or close abandoned wells without a qualifying individual overseeing and taking responsibility for the daily drilling operations.
Licenses or reporting or both are not required for activities specified in sections 15-502 and 15-702 of this Rule.
A well driller's license may be denied, suspended, revoked, or renewal denied in accordance with section 15-510 of this Rule.
All final decisions made by the Commissioner regarding license denial, suspension, revocation, renewal, or closure of abandoned wells may be appealed as provided by 10 V.S.A. § 1400.
The Department shall issue two classes of well driller licenses. A licensee may be approved for more than one class of license. The classes of licenses shall be as follows:
?The following parties are not required to hold well driller licenses:
To be eligible for a well driller's license each applicant must:
The Commissioner shall require at least the following as part of a complete license application:
The fee for a license application, reapplication or renewal shall be set by statute. All licenses will expire on June 30, 2002 and every third year thereafter, and must be renewed to remain valid. The fee for a new license may be paid in full or annually over the licensing period, at the election of the driller. Application fee for a new license within the three year licensing cycle will be prorated annually.
A monitoring well or water well driller's license held in another state, territory or province may be accepted in lieu of requirements in sections 15-503(c) and (d) and 15-504 of this Rule if a reciprocal agreement is in place between the Department and licensing body for that state, territory or province. The applicant is still required to take and pass the Vermont licensing test. The applicant shall provide a certified copy of the out-of-state license(s) with the Vermont License Application. All other application requirements, fees and documentation apply under this rule.
A licensed well driller shall be the qualifying individual for only one business, governmental, or other entity. A business, governmental, or other entity may have more than one qualifying individual.
The qualifying individual:
Each licensee shall submit to the Department a complete renewal application with the required fees, and shall provide documentation of participation in at least 8 hours of educational and training activities over the last three year renewal period. Licenses with outstanding fees shall not be renewed.
The Commissioner may deny a licensee's renewal application per section 15-510 of this Rule.
The qualifying individual for a business, governmental or other entity shall notify the Commissioner in writing within ten (10) days of leaving the operation or of the operation ceasing all well drilling activities in Vermont. No drilling shall take place following the last day of the qualifying individual's active oversight of the business. A business, governmental or other entity may engage in well drilling after retaining a new qualifying individual. Within 10 days of retaining a qualifying individual, the operation shall provide to the Commissioner the name of the new qualifying individual and a copy of that individual's license.
A licensee who ceases active well drilling operations shall notify the Department of the future location and disposition of their records. Inspection of those records shall be governed under section 15-703 of this Rule.
A license may be denied, suspended, or revoked, or the renewal thereof denied by the Commissioner on the Commissioner's own investigation and motion or upon written complaint of others, if after notice and opportunity for hearing the Commissioner finds that the applicant or license holder has committed conduct specified under 3 V.S.A. § 129a as constituting unprofessional conduct by a licensee.
In the event a well driller license application is denied, the Commissioner will provide the applicant written notification of the reasons for such denial.
License expiration:
License suspension: A person whose license has been suspended may be reinstated at the end of the period of suspension, provided the Commissioner is satisfied that all conditions in the suspension have been met.
License revocation: A revoked license shall not be reinstated or renewed. However, the revoked license holder may re-apply for a new license one (1) year after the effective date of revocation. The Commissioner may require an investigation to determine whether the former licensee should be issued a new license.
A licensed well driller:
A written agreement between the parties which outlines the responsibilities of the licensee and subcontractor should be in place prior to beginning work.
All other applicable state and federal construction and abandonment standards and regulations still apply to the activities listed above.
The Commissioner may require a licensee to produce and allow copying of, upon reasonable notice, all documents related to well drilling activities (i.e. books, records, maps) and other pertinent data maintained by the licensee.
The licensee shall ensure all water wells have a tag permanently attached to the well casing within 30 days of completion using tags provided by the Commissioner and the tag number filled in on the Well Completion Report. The licensee will ensure all monitoring wells are identified by a label, mark or tag as appropriate. A map(s) should be developed and maintained by the licensee showing each monitoring well location and corresponding identification label, mark or tag.
The Commissioner may order a person legally responsible for an abandoned well to close the abandoned well in accordance with the rules established by the Department for the purpose of groundwater protection. An order shall not be issued until the person legally responsible for the abandoned well has been given notice and an opportunity for an informal conference with the Commissioner. Well closure is to be completed in accordance with applicable standards. Each class of well shall be closed only by a driller licensed for that specific class of well (water or monitoring).
The Commissioner may create, modify or revise forms, maps and reporting procedures needed to carry out the purposes of this Rule. Before the procedures are issued, the Commissioner shall provide the Water Well Advisory Committee and the Groundwater Coordinating Committee with drafts for their review and comment. The Commissioner will consider the comments and recommendations from the Water Well Advisory Committee and the Groundwater Coordinating Committee prior to adopting procedures. Copies of the final procedures shall be sent to all current licensees.
The Vermont Water Well Advisory Committee was created under authority of 10 V.S.A. § 1395b as follows:
The Water Well Advisory Committee may refer complaints to the Commissioner concerning a well driller(s) or other related parties, violations of construction standards, well drilling industry issues or other pertinent information for review and possible action. The Commissioner may also request the aid of the Water Well Advisory Committee to provide technical expertise, gather information, or provide recommendations for action on specific topics.
12-004 Code Vt. R. 12-037-004-X
AMENDED: February 2002 - Technical Revision
September 20, 2002 (SOS Rule Log # 02-33)
Statutory Authority: 10 V.S.A. C.48, §§ 1390 to 1410