401 KAR 6:320 - Certification of water well drillers and water well driller assistants
RELATES TO: KRS 223.400 - 223.460, 223.991, 224.10-010, 224.10-100, 224.10-410 -224.10-470, Chapter 322, Chapter 322A
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100,
224.70-100,
and
224.70-110
authorize the cabinet to establish administrative regulations to protect water
quality.
KRS 223.420
requires the cabinet to promulgate administrative regulations concerning
examination and certification of water well drillers and water well
Section 1. General
Requirements.
(1) The cabinet shall issue a
water well driller or water well driller assistant certificate to qualified
applicants as established in KRS Chapter 223 and this administrative
regulation.
(2) Certificate
issuance.
(a) Monitoring well driller . A
certificate shall be issued for drilling monitoring wells that shall state the
methods for which the certified driller is qualified to drill, including:
1. Cable tool drilling;
2. Air rotary drilling;
3. Reverse rotary drilling;
4. Jetting and driving wells in
unconsolidated material;
5. Sonic
drilling;
6. Direct push;
or
7. Boring and auguring in
unconsolidated materials.
(b) Water supply well driller . A certificate
shall be issued for drilling water supply wells that shall state the methods
for which the certified driller is qualified to drill, including:
1. Cable tool drilling;
2. Air rotary drilling;
3. Mud rotary drilling;
4. Reverse rotary drilling;
5. Jetting and driving wells in
unconsolidated material;
6. Sonic
drilling;
7. Direct push;
or
8. Boring and augering in
unconsolidated materials.
(c) A combined certificate may be issued for
drilling monitoring wells and water supply wells that shall specify the methods
for which the water well driller is qualified to drill as established in this
subsection.
(3) A person
shall not construct, alter, repair, or abandon a water well without first
obtaining a water well driller or water well driller assistant certificate from
the cabinet.
(4) Each water well
driller or water well driller assistant certified to drill water supply wells
may construct, alter, repair, or abandon water supply wells using the drilling
method or methods stated on the certificate.
(5) Each water well driller or water well
driller assistant certified to drill monitoring wells may construct, alter,
repair, or abandon monitoring wells using the drilling method or methods stated
on the certificate.
(6) In order to
receive a water well driller or water well driller assistant certificate, an
applicant shall:
(a) Submit a complete
application as established in this administrative regulation;
(b) Earn a minimum passing score of seventy
(70) percent on applicable examinations as established in this administrative
regulation;
(c) Demonstrate that
the:
1. Applicant has the education and
experience to qualify for a certificate as established in KRS Chapter 223 and
this administrative regulation; and
2. Applicant's certificate is not under
suspension, temporary revocation, or permanent revocation as established in
Section 6 of this administrative regulation.
Section 2. Applications.
(1) Water well driller application. Each
person desiring a water well driller certificate shall submit to the cabinet a
complete application which shall include:
(a)
Payment of the application fee as established in
KRS
223.447;
(b) The Application for
Certification;
(c) All information
required by
KRS
223.425;
(d) Proof of the insurance and bond required
by
KRS
223.430; and
(e)
1. A
notarized statement from a certified water well driller , a driller in another
state, or another person who has directly supervised the applicant, that the
applicant has worked under the driller 's supervision for a minimum of two (2)
years as established in
KRS
223.425(2); or
2. Notarized proof of other qualifying
experience, including:
a. Employment as an
environmental professional working with the design and installation of wells
and well drilling operations for a minimum of two (2) years; and
b.
(i)
Employment as a registered professional geologist as established in KRS Chapter
322A;
(ii) Employment as a
registered professional engineer as established in, or associate degree in a
natural science.
(2) Water well driller assistant application.
An applicant desiring a water well driller assistant certification shall submit
a completed application to the cabinet and shall include:
(a) The Application for
Certification;
(b) All information
required by
KRS
223.425(5); and
(c) Payment of the application fee as
established in
KRS
223.447.
Section 3. Examinations.
(1) An applicant for a water well driller or
water well driller assistant certification shall earn a minimum passing score
of seventy (70) percent on an applicable examination in order to receive a
certificate.
(2) The cabinet shall
prepare and administer the examinations that determine the knowledge, ability,
and judgment of approved applicants as established in this section and Section
1 of this administrative regulation.
(a)
1. Examinations shall be administered at
least annually by the cabinet.
2.
The applicant and cabinet shall schedule the cabinet-administered examination
at a mutually agreeable date and time.
(b) The applicant shall schedule to take
other examinations required by this administrative regulation directly with the
National Groundwater Association..
(3) The cabinet shall administer the
examination only to a qualified applicant who has:
(a) Submitted a complete
application;
(b) Met all
requirements established in
KRS
223.425;
(c) Met all requirements established in
Sections 1 and 2 of this administrative regulation; and
(d) Paid the examination fee as established
in
KRS
223.447.
(4)
(a) An
applicant who does not pass an examination may repeat the examination after
forty-five (45) days from the date the cabinet notifies the applicant of the
results.
(b) An applicant shall not
repeat an examination more than six (6) times per calendar year.
(c) Examinations shall not be returned to the
applicant, but the applicant may review results with a member of the board or
an employee of the cabinet upon request.
(5) Contents of the water supply well driller
examination.
(a) For a certificate to drill
water supply wells, an examination shall consist of:
1. The Kentucky Water Well Certification
Examination;
2. The National Ground
Water Association General Exam; and
3. One (1) or more of the National Ground
Water Association specialty examinations applicable to each drilling method for
which the applicant wishes to be certified, including:
a. Cable Tool Drilling Exam;
b. Air Rotary Drilling Exam;
c. Mud Rotary Drilling Exam;
d. Reverse Rotary Drilling Exam;
e. Jetting and Driving Wells in
Unconsolidated Material Exam;
f.
Boring and Augering in Unconsolidated Materials Exam; or
g. A substitute examination as identified or
developed by the cabinet in consultation with the board to test knowledge of
local laws or regulations as established in
KRS
223.410.
(b) For a certificate to drill monitoring
wells using hollow stem auger, solid stem auger, or direct push method, an
examination shall consist of:
1. The Kentucky
Monitoring Well Certification Examination;
2. The National Ground Water Association
General Exam; and
3. The National
Ground Water Association Augering and Monitoring Exam; or
4. A substitute examination as identified or
developed by the cabinet in consultation with the board to test knowledge of
local laws or regulations as established in
KRS
223.410.
(c) For a certificate to drill monitoring
wells using another method, an examination shall consist of:
1. The Kentucky Monitoring Well Certification
Examination;
2. The National Ground
Water Association General Examination;
3. The National Ground Water Association
Augering and Monitoring Exam; and
4. One (1) or more of the National Ground
Water Association specialty examinations applicable to each drilling method for
which the applicant wishes to be certified, including:
a. Cable Tool Drilling Exam;
b. Air Rotary Drilling Exam;
c. Mud Rotary Drilling Exam;
d. Reverse Rotary Drilling Exam;
e. Jetting and Driving Wells in
Unconsolidated Material Exam;
f.
Boring and Augering in Unconsolidated Materials Exam; or
g. A substitute examination as identified or
developed by the cabinet in consultation with the board to test knowledge of
local laws or regulations as established in
KRS
223.410.
(6) Contents of the
water supply well driller assistant examination. An applicant shall earn a
minimum passing score of seventy (70) percent on:
(a) The Kentucky Water Well Driller Assistant
Certification Examination; or
(b) A
substitute examination as identified or developed by the cabinet in
consultation with the board to test knowledge of local laws or regulations as
established in
KRS
223.410.
(7) Contents of the monitoring well driller
assistant examination. An applicant shall earn a minimum passing score of
seventy (70) percent on the:
(a) Kentucky
Monitoring Well Driller Assistant Certification Examination; or
(b) A substitute examination as identified or
developed by the cabinet in consultation with the board to test knowledge of
local laws or regulations as established in
KRS
223.410.
Section 4. Issuance of Certificate.
(1) The cabinet shall issue a certificate
designating the classification for which the water well driller or water well
driller assistant has demonstrated competence:
(a) Upon satisfactory fulfillment of the
requirements established in this administrative regulation; and
(b) Payment of the initial certification fee
as established in
KRS
223.447.
(2) A water well driller or water well
driller assistant shall provide written notification to the cabinet within
thirty (30) days of a change of employment or mailing address.
(3) Display of certificate number.
(a) A certified water well driller shall have
the certificate number affixed and prominently displayed on the drill rig used
at the well site.
(b) The
certificate number shall be:
1. Inscribed with
the format: KY. CERT. XXXX-XXXX-XX (insert certificate number in place of the
Xs);
2. Inscribed with numbers that
shall be at least three (3) inches in height and of a color that shall be
easily distinguishable from that of the drill rig; and
3. Removed if the:
a. Drill rig is scrapped, sold, or otherwise
changes ownership; or
b. Certified
water well driller 's certificate becomes invalid.
Section 5.
Service of Process. Each applicant, certified water well driller , and certified
water well driller assistant shall provide the cabinet with an address for
receipt of applicable legal documents for service of process. The last address
provided to the cabinet shall be the address at which the cabinet shall tender
applicable legal notices in connection with an enforcement or disciplinary
action.
Section 6. Disciplinary
Action.
(1) A certified water well driller or
certified water well driller assistant shall be subject to disciplinary action
if the water well driller or water well driller assistant:
(a) Practiced fraud or deception in obtaining
a certificate or filing cabinet mandated reports;
(b) Did not use reasonable care or judgment
in the performance of duties;
(c)
Failed to apply knowledge in the performance of duties;
(d) Is unable or unwilling to properly
perform duties; or
(e) Does not
have bond and insurance required by
KRS
223.430.
(2) The disciplinary action shall be as
established in this subsection depending on the severity, duration, and number
of the violations, including:
(a) Probation,
not to exceed one (1) year;
(b)
Suspension of the water well driller 's or water well driller assistant
certificate, not to exceed one (1) year, during which the certificate shall be
considered void;
(c) Temporary
revocation of the certificate which shall be greater than one (1) year and not
more than four (4) years;
(d)
Permanent revocation of the certificate; or
(e) Civil or criminal penalties against the
driller .
(3) Initial
review procedures. Valid complaints or a significant enforcement action against
a water well driller or water well driller assistant may be reviewed at the
next regularly scheduled board meeting.
(a) If
the board decides a complaint or enforcement action warrants further
investigation, the water well driller or water well driller assistant shall be
requested to appear before the board.
(b) Upon completion of its review of the
complaint and available facts, the board shall send its recommendation and
supporting facts to the cabinet.
(c) The cabinet shall:
1. Decide whether or not to take disciplinary
action against the water well driller or water well driller assistant based on
the board's recommendation and supporting facts; and
2. Notify the water well driller or water
well driller assistant and the board of its decision and the facts supporting
its decision in writing.
(4) Action taken by the cabinet pursuant to
this section shall not preclude the cabinet from pursuing additional civil or
criminal action.
(5)
(a) A water well driller or water well
driller assistant whose certificate has been suspended or revoked shall not
drill wells.
(b) If a certificate
is permanently revoked, the water well driller or water well driller assistant
shall be ineligible to receive a certificate as a water supply well driller ,
monitoring well driller , or well driller assistant in the future.
(c) Experience gained during a suspension or
temporary revocation shall not be included toward meeting the requirements
established in Section 2 of this administrative regulation.
(6)
(a) Sanction review and removal. During the
water well driller 's or water well driller assistant's probation or suspension
the board and cabinet shall monitor the water well driller 's or water well
driller assistant's work activities.
(b) At the end of the sanction period, the
board shall recommend that the cabinet lift the sanction or take additional
action against the water well driller or water well driller
assistant.
(7) Pursuant
to
KRS
224.10-420(2) and
400
KAR 1:100, a water well driller or water well driller
assistant may contest a disciplinary action of the cabinet by filing a petition
for a hearing with the cabinet.
Section 7. Expiration and Renewal of
Certificates.
(1) All certified water well
drillers and water well driller assistants shall renew their certificates
annually.
(2)
(a) Certificates shall be valid from the date
of issuance until the following June 30. If an initial certificate is issued
after May 1, it shall be effective until June 30 of the next calendar
year.
(b) Certificates shall be
renewed by July 1 of each year.
(3) Certificate renewal shall require
submitting to the cabinet:
(a) A complete
Application for Certification Renewal; and
(b) Payment of the renewal fee as established
in
KRS
223.447.
(4)
(a) If
the certificate renewal fee is not received within sixty (60) days of the
renewal date of July 1, the certificate shall expire.
(b) Expired certificates may be renewed
without examination within two (2) years of the expiration date, if the
applicant:
1. Pays the renewal fee as
established in
KRS
223.447;
2. Meets the continuing education
requirements established in subsection 5 of this section within the twelve (12)
months immediately preceding recertification; and
3. Meets all other statutory and regulatory
requirements for certification.
(5) Continuing education requirement.
(a) Certified water well drillers shall
complete a minimum of five (5) hours of cabinet-approved continuing education
for certificate renewal. A minimum of three (3) hours of continuing education
shall pertain directly to well drilling.
(b) Certified well driller assistants shall
complete a minimum of eight (8) hours of cabinet-approved continuing education
as established in
KRS
223.425. A minimum of four (4) hours of
continuing education shall pertain directly to well drilling.
(c) Continuing education shall include
correspondence courses, short courses, trade association meetings, and other
job training courses relevant to water well construction.
(d) A certified water well driller or water
well driller assistant shall obtain written confirmation from the cabinet that
a continuing education training course has been approved by the cabinet prior
to completing the continuing education training course.
(e) The cabinet shall approve continuing
education training events that meet the requirements established in paragraphs
(a) and (b) of this subsection.
(f)
An applicant for certificate renewal shall submit documentation of continuing
education with the renewal application.
Section 8. Certificates and Wallet Cards.
(1) The cabinet shall provide certified water
well drillers and water well driller assistants with certificates and wallet
cards.
(2) A certified water well
driller or water well driller assistant shall carry wallet cards at the job
site.
Section 9.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Application for Certification", DEP No. DOW6060, July 2019;
(b) "Application for Certification Renewal",
DEP No. DOW6070, July 2019; and
(c)
"Affidavit of Supervision", DEP No. DOW6080, July 2019.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Water, 300
Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to
4:30 p.m. This material is also available on the Division of Water Web site at
https://eec.ky.gov/Environmental-Protection/Water/GW/Pages/GWDrillers.aspx.
Notes
STATUTORY AUTHORITY: KRS 223.410, 223.420(1)(e), 223.435, 224.10-100, 224.70-100, 224.70-110
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