Chapter 42 - Water Well Drilling Contractors And Water Well Pump Installation Contractors
CHAPTER 42 - WATER WELL DRILLING CONTRACTORS AND WATER WELLPUMP INSTALLATION CONTRACTORS
33-42-101. Short title.
Thisact shall be known and may be cited as the "Water Well DrillingContractors and Water Well Pump Installation Contractors Act."
33-42-102. Definitions.
(a) As used in this act:
(i) "Board" means the state board of examining waterwell drilling contractors and water well pump installation contractors;
(ii) "Underground water" means any water, includinghot water and geothermal steam, under the surface of the land or under the bedof any stream, lake or reservoir;
(iii) "Water well drilling contractor" means any personresponsible for or causing the construction, equipping, test pumping ordevelopment of any water well for compensation or otherwise as provided by thisact;
(iv) "Water well pump installation contractor" meansany person who is in the business of installing pumping equipment in waterwells for compensation or otherwise as provided by this act;
(v) "Well" means any artificial opening in the groundfor the production of groundwater or the disposal of water underground,including developed springs, test wells, monitoring wells, deep well groundbeds (cathodic protection bores), geothermal or heat exchange wells, drivepoints and excavations for the purpose of artificial recharge to thegroundwater bodies or disposal of wastes. The term "well" does notinclude excavations made for the dewatering of construction sites, mines or oiland gas wells, and the prospecting for and removal of mineral products, norwells for the production of the media for secondary oil recovery;
(vi) "This act" means W.S. 33-42-101 through33-42-117.
33-42-103. License.
(a) It is unlawful for any person to use in connection with hisname or to advertise any title or description tending to convey the impressionthat he is a licensed water well drilling contractor or water well pump installationcontractor unless he has been licensed under this act.
(b) The drilling, construction or completion of water wells,including the installation of pumping equipment, shall be considered a businessactivity affecting the public interest and requiring reasonable standards ofcompetence.
(c) The licensing of water well drilling contractors and thelicensing of water well pump installation contractors are separate and distinctactivities. Licensing requirements shall be specific to each profession andshall be addressed in rules and regulations.
(d) A copy of the license of a licensed water well drillinglicensee or water well pump installation licensee overseeing the job andassuming liability for the water well drilling or water well pump installationshall be conspicuously posted at the water well drilling or water well pumpinstallation site.
(e) Nothing in this act shall be construed to require licensureof any person operating drilling equipment or conducting other drilling orboring operations which do not require a permit from the state engineer toappropriate ground water.
(f) It shall be unlawful for any person to construct, alter orrehabilitate a water well or install pumping equipment in a water well withouta license as provided by this act unless the activity is exempted from thelicensing requirements of this act.
33-42-104. Board of examining water well drilling contractors and waterwell pump installation contractors created; composition; appointment; terms;vacancies; qualification; compensation.
(a) The state board of examining water well drillingcontractors and water well pump installation contractors is created to consistof the following seven (7) members:
(i) The state engineer or his authorized representative;
(ii) The director of the department of environmental quality orhis authorized representative; and
(iii) Five (5) members appointed by the governor as follows:
(A) One (1) water well drilling contractor engaged in thepractice of irrigation well contracting or a municipal or industrial wellcontractor;
(B) One (1) water well drilling contractor engaged in thepractice of domestic and stock water well contracting;
(C) One (1) at large water well drilling contractor;
(D) One (1) water well pump installation contractor; and
(E) One (1) member of the general public who owns an activewater well.
(b) The members appointed by the governor shall serve for aterm of four (4) years, except three (3) of the initial appointments shall befor a term of two (2) years. Each member shall hold office until his successoris appointed and has been qualified. The governor may remove any member of theboard as provided by W.S. 9-1-202. A vacancy occurring in the board by death,resignation or otherwise, shall be filled by appointment by the governor uponrecommendation of the remaining board members for the unexpired term.
(c) Each member of the board appointed by the governor shallhave been a resident of this state for at least one (1) year at the time of hisappointment. Each contractor board member shall have been engaged in thepractice of his profession for at least five (5) years prior to hisappointment. After the appointment of the initial board, any water welldrilling contractor or water well pump installation contractor appointed to theboard shall be licensed within six (6) months after appointment.
(d) The members of the board shall serve without compensationother than per diem and mileage allowance as allowed to state employees for theperformance of their duties.
33-42-105. Organization of board; meetings; quorum; disposition offunds.
(a) The state engineer or his representative shall be secretaryof the board and shall have charge of the records and be responsible for budgetpreparation and general administrative duties.
(b) The members of the board shall elect a chairman from theirmembership who shall hold office for a term of two (2) years. No member shallserve more than two (2) consecutive terms as chairman.
(c) Meetings of the board shall be called by the chairman orupon request of not less than four (4) members and held in an appropriatelocation. The board shall hold not less than two (2) meetings each year. Four(4) members shall constitute a quorum. No decision shall be made unless itreceives the affirmative votes of at least four (4) members of the board.
(d) Fees collected by the board shall be paid into the accountcreated under W.S. 33-42-116 which shall be used by the board to defray costsincurred in the administration of this act. The board shall not maintainunnecessary fund balances.
33-42-106. Powers of the board in general; enjoining unlawful acts.
(a) The board is entitled to the services of the attorneygeneral in the conduct of its affairs and shall reimburse the attorney generalfor actual cost of legal services provided.
(b) Whenever any person has engaged or is about to engage inany acts or practices which constitute a violation of this act, the board, orthe attorney general on its behalf, may make application to the appropriatecourt for an order enjoining those acts. Upon a showing by the board that theperson has engaged or is about to engage in any illegal act, an injunction,restraining order or other appropriate order shall be granted by the courtwithout bond, and without the necessity of a showing of actual damages by theboard.
(c) The board may compel the attendance of witnesses,administer oaths and take testimony concerning all matters within itsjurisdiction.
(d) The board may contract for services or employ personsdeemed necessary for the implementation of the provisions of this act.
33-42-107. Duties of the board.
(a) The board shall:
(i) Supervise the general administration of this act;
(ii) Enforce the provisions of this act and any rules andregulations promulgated under it and take all action necessary to carry out theprovisions of this act;
(iii) Examine the qualifications of anyone desiring to obtain alicense to engage in the business of water well drilling or the business ofwater well pump installing within the state;
(iv) Adopt rules and regulations necessary to carry out theprovisions of this act;
(v) Conduct hearings upon complaints with respect to any personlicensed under this act in conformity with the Wyoming Administrative ProcedureAct. The hearing shall be held in the county where the complaint originated;and
(vi) Establish continuing education for persons licensed tomaintain knowledge of current industry standards. However, the board shall notimpose continuing education requirements for any person which exceed eighteen(18) hours in any three (3) year period.
33-42-108. Licensure in general; qualifications of applicant;operator's license.
(a) The board shall issue a license to an applicant who:
(i) Is eighteen (18) years of age or older;
(ii) Has demonstrated professional competence by passing anexamination prescribed by the board;
(iii) Has paid the required fees; and
(iv) Has provided written documentation of financial responsibility,including proof of general liability insurance.
(b) In the case of hardship, the board may provide specialarrangements for administering the examination required by this act.
(c) Repealed By Laws 2008, Ch. 89, 3.
(d) Repealed By Laws 2008, Ch. 89, 3.
33-42-109. Fees; renewal; renewal of lapsed licenses; suspension orrevocation.
(a) The board shall establish reasonable and necessary feespursuant to W.S. 33-1-201 for:
(i) Application fees;
(ii) Repealed by Laws 2008, Ch. 89, 2;
(iii) Examination and reexamination of license applicants;
(iv) Miscellaneous fees, including rosters, annual reports,address labels, copying fees and replacement licenses;
(v) License fees. License fees shall not exceed two hundreddollars ($200.00). License renewal fees shall not exceed two hundred dollars($200.00) for each three (3) year renewal period thereafter.
(b) The initial license shall be for a period not to exceedthree (3) years and shall expire on the third December 31 after receiving theinitial license. Each subsequent license shall be valid for three (3) calendaryears and shall expire on December 31 of the third year.
(c) If a licensed water well drilling contractor or water wellpump installation contractor does not submit an application for licenserenewal prior to the December 31 expiration date or does not remit the renewalfees, the license shall expire. The contractor shall have a thirty-one (31)day grace period to renew the expired license. If the license has not beenrenewed before February 1 of the new license period, it shall not be eligiblefor reinstatement until the applicant has met all the requirements of W.S.33-42-108.
(d) All fees collected under this section shall be depositedinto the account created under W.S. 33-42-116.
33-42-110. Examination; notification; reexamination.
(a) An applicant for a license shall demonstrate professionalcompetence by passing a written or oral examination prescribed by the board.
(b) An examination shall be given at least twice annually. Theexamination shall be given at a location designated by the board.
(c) The written or oral examination shall test the applicant'sgeneral knowledge of the basics of well construction or pump installationprocedures, Wyoming laws, rules, regulations and local ordinances concerningthe construction of water wells or installation of water well pumps and pumpingequipment.
(d) Not less than thirty (30) days prior to examination theboard shall notify each applicant that his application and evidence submittedfor licensing is satisfactory and accepted or unsatisfactory and rejected. Ifrejected, the reasons for rejection shall be given. The notice shall includethe date and location of the examination.
(e) In the event an applicant fails to receive a passing gradeon examination, he may reapply for examination within ninety (90) days.
(f) The board may contract with examination developmentconsultants, water well technical experts, water pump installation technicalexperts or other technical experts as deemed necessary to prepare theexaminations and may assign a member or members of the board to work with theconsultants and technical experts to assure compliance with the requirements ofthis act.
33-42-111. Denial, revocation or suspension of license; hearing.
(a) The board may withhold, deny, revoke or suspend anycertificate or license issued or applied for in accordance with the provisionsof this act upon proof that the certificate or license holder or applicant:
(i) Has used fraud or deception in applying for a certificateor license or in the taking of the examination;
(ii) Has willfully or negligently violated any of the provisionsof this act, the rules and regulations adopted pursuant to this act or thestatutes or rules and regulations of the state pertaining to underground water;or
(iii) Has failed while engaging in the business of water wellconstruction contracting or water well pump installation contracting to complywith the state water well minimum construction standards.
(b) No certificate or license may be suspended or revokedunless there has been a hearing in conformity with the provisions of theWyoming Administrative Procedure Act.
33-42-112. Exemptions.
(a) Repealed by Laws 2008, Ch. 89, 1.
(b) Repealed by Laws 2008, Ch. 89, 1.
(c) Repealed by Laws 2008, Ch. 89, 1.
(d) Repealed by Laws 2008, Ch. 89, 1.
(e) The licensure requirements of this chapter shall not applyto any person drilling an oil or gas well or installing a pump in an oil or gaswell, where the oil or gas well is permitted pursuant to W.S. 30-5-115.
(f) The licensure requirements of this chapter shall not applyto any person:
(i) Installing a pump in a well on land owned or leased by himor on which he is employed on a regular basis;
(ii) Drilling a monitor well that does not require a permit fromthe state engineer;
(iii) Drilling a well on land owned by him.
(g) Subsections (a) through (d) of this section are repealedJuly 1, 2009.
33-42-113. License renewal.
(a) In order to be eligible to renew a license, a licensedwater well drilling contractor or water well pump installation contractorshall:
(i) Complete eighteen (18) professional competence hours inthree (3) years, as established by the board;
(ii) Submit payment of all applicable fees; and
(iii) Comply with all requirements under W.S. 33-42-111(a).
33-42-114. Reciprocity.
If a person holding a license entitling himto drill water wells or install pumping equipment in another state applies fora Wyoming water well drilling contractor's or water well pump installationcontractor's license, if the other state offers reciprocity, and if the boarddetermines the standards and requirements of the state in which the applicantis licensed are equal to or exceed the standards or requirements of this act,the board may waive the examination requirements except the applicant shallsuccessfully complete an examination based on Wyoming statutes and rulesrelating to the drilling of water wells or installation of pump equipment. Theapplicant shall also pay all applicable fees.
33-42-115. Complaints and investigations.
If any information concerning a possibleviolation of this act or rules and regulations applicable to water welldrilling or pump installation is received or obtained by a board member or thestate engineer's office, the board may, on its own motion, initiate proceedingsunder this act and in accordance with the Wyoming Administrative Procedure Act.
33-42-116. Account; expenditures.
The water well contractors account iscreated. Funds provided under W.S. 9-1-904(b), 33-42-105(d) and 33-42-109(d)shall be deposited into the account. Income earned on amounts within theaccount shall be credited to the account. Funds in the account arecontinuously appropriated to the board for the operation and management of theboard and the administration of this act.
33-42-117. Penalties.
A violation of any provision of this act isa misdemeanor punishable by a fine of not more than one thousand dollars($1,000.00), imprisonment for not more than six (6) months, or both.