6. Installation, repair or replacement of well pumps. A person licensed under this subchapter who performs the initial installation, repair or replacement of a pump in a well, as defined in section 4700-E, subsection 8, shall install, repair or replace that pump in compliance with the code of performance adopted by the Maine Water Well Drilling Commission pursuant to section 4700-H, subsection 5. Any person licensed under this subchapter who performs the initial installation of a water well pump in violation of that code of performance , company, firm, partnership or corporation who installs, alters, repairs or replaces a pump system without being licensed as provided in this chapter or in violation of the code of performance, except for an apprentice pump installer as set forth in this chapter, or any person, firm, partnership or corporation who procures a license as provided in this chapter wrongfully or by fraud commits a civil violation punishable by a fine of not more than $1,000.

This subsection does not prevent a person from making pump system installations, alterations, repairs or replacements in a single- family residence occupied by that person or to be occupied by that person as a bona fide personal abode, providing the installation, alteration, repair or replacement conforms to the standards set forth in this chapter and any rules adopted by the Maine Water Well Commission or the department.

PART B

Sec. B-1. 32 MRSA c. 69-C is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 69-C

MAINE WATER WELL COMMISSION

Sec. B-2. 32 MRSA §4700-E, as amended by PL 1993, c. 25, §§2 to 5, is further amended to read:

§4700-E. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Apprentice well driller. "Apprentice well driller" means a person who is engaged to work at and learn the trade of

well drilling under the direct supervision of a master or journeyman well driller.

1-A.__Apprentice pump installer.__"Apprentice pump installer" means a person who is engaged to work at and learn the trade of water well pump installation under the direct supervision of a master or journeyman pump installer.__A person who is licensed under chapter 49 as a master plumber is not required to register with the commission as an apprentice pump installer.

2. Commission. "Commission" means the Maine Water Well Drilling Commission created under section 4700-G.

3. Department. "Department" means the Department of Human Services.

3-A. Geotechnical driller. "Geotechnical driller" means a person doing the work of drilling, driving or boring ground water monitoring wells.

3-B.__Journeyman pump installer.__"Journeyman pump installer" means a person doing the work of pump installation, repair or replacement in water wells who is in the employment of a master pump installer.__A person who is licensed under chapter 49 as a master plumber is not required to register with the commission as a journeyman pump installer.

4. Journeyman well driller. "Journeyman well driller" means a person doing the work of drilling, driving or boring wells who is in the employment of a master well driller.

4-A.__Master pump installer.__"Master pump installer" means a person, firm or corporation engaged in the installation, replacement or repair of a pump in a water well.__The licensure of a master pump installer under this chapter must specify the name of the person licensed.__In the case of a firm, the person licensed as a master pump installer must be a member or employee of the firm.__In the case of a corporation, the person licensed as a master pump installer must be an employee of the corporation or an officer of the corporation.__A person who is licensed under chapter 49 as a master plumber is not required to register with the commission as a master pump installer.

5. Master well driller. "Master well driller" means a person, firm or corporation engaged in the business of drilling, driving or boring wells. The registration licensure of a master well driller under this chapter must specify the name of the person registered licensed. In the case of a firm, the person registered licensed as a master well driller must be a member or

employee of the firm. In the case of a corporation, the person registered licensed as a master well driller must be an employee of the corporation or an officer of the corporation.

6. Pump or pump system. "Pump" or "pump system" means mechanical equipment or a device used to remove water from a well including all piping and wiring up to the existing equipment in the structure.

6-A.__Pump installation company.__"Pump installation company" means a person, firm, partnership or corporation that is engaged in the trade of water well pump installation, repair or replacement.

7. Pump installer. "Pump installer" means a person, firm or corporation that performs the initial installation of a pump in a well. The registration of a pump installer under this chapter must specify the name of the person registered. In the case of a firm, the person registered as a pump installer must be a member or employee of the firm. In the case of a corporation, the person registered as a pump installer must be an employee of the corporation or an officer of the corporation. The term "pump installer" does not include a person, firm or corporation that removes, replaces or repairs a pump in an existing well. A person who is licensed under chapter 49 as a master plumber is not required to register with the commission as a pump installer an apprentice pump installer, journeyman pump installer or master pump installer.

8. Well or water well. "Well" or "water well" means any hole drilled, driven or bored into the earth used to extract drinking water. The terms "well" and "water well" do not include:

A. Dug wells;

B. Monitoring wells;

C. Wells constructed exclusively for the relief of artesian pressure at hydroelectric projects;

D. Wells constructed for temporary dewatering purposes;

E. Wells constructed for the purposes of extracting oil, gas or brine; and

F. Wells on private property for private use that are constructed by the property owner or lessee of the property.

9. Well driller. "Well driller" means an apprentice well driller, journeyman well driller or master well driller.

11.__Well drilling company.__"Well drilling company" means a person, firm, partnership or corporation that owns or otherwise operates any mechanical equipment used to drill, drive or bore water wells.

Sec. B-3. 32 MRSA §4700-G, sub-§1, as enacted by PL 1991, c. 455, Pt. B, §1, is amended to read:

1. Establishment of commission. The Maine Water Well Drilling Commission, as authorized by Title 5, chapter 379, is established to carry out the provisions of this chapter. The purpose of the commission is to provide the public with the highest quality drinking water possible by ensuring that water wells are drilled, constructed, altered or abandoned in a manner that protects ground water groundwater from contamination.

Sec. B-4. 32 MRSA §4700-G, sub-§2, as amended by PL 1999, c. 556, §28, is further amended to read:

2. Membership. The commission consists of the Director of the Division of Health Engineering within the Department of Human Services or the director's designee; the Director of the Bureau of Geology and Natural Areas within the Department of Conservation or the director's designee; the Commissioner of Transportation or the commissioner's designee; and 4 public members, 3 of whom must be well drillers. One well driller must be a geotechnical driller.

Sec. B-5. 32 MRSA §4700-G, sub-§§3 and 5, as enacted by PL 1991, c. 455, Pt. B, §1, are amended to read:

3. Appointing authority. The Governor shall appoint the public members. Members who are well drillers must be appointed from among nominees selected by the Governor or the Maine Ground Water Well Association.

5. Terms of office. The term of the public members is 5 years. Terms must be staggered so that no more than 2 public member terms expire in any one year. Members who are not public members serve a term coincident with their term of office. The Governor shall fill any vacant seat on the commission by a qualified person for the remainder of the unexpired term. A member of the commission may be removed from office for cause by the Governor.

Sec. B-6. 32 MRSA §4700-G, sub-§7, ķA, as enacted by PL 1991, c. 455, Pt. B, §1, is amended to read:

A. The names and addresses of all persons registered licensed under this chapter; and

Sec. B-7. 32 MRSA §4700-H, sub-§§2 and 3, as enacted by PL 1991, c. 455, Pt. B, §1, are amended to read:

2. License well drillers, well drilling companies, pump installers and pump installation companies. The commission shall register license well drillers and, well drilling companies, pump installers and pump installation companies and may initiate action for the revocation or suspension of such registrations licenses.

3. Investigate complaints. The commission shall investigate complaints and cases of noncompliance with, or violation of, this chapter or of the well driller and pump installer code of performance adopted by the commission. Complainants must petition the commission in writing within 24 months of completion of a well or the installation, repair or replacement of a pump system. At its discretion, the commission may request that an investigation of an alleged violation be conducted by a neutral qualified individual, acceptable to both the alleged violator and the commission, who shall report to the commission. At its discretion, the commission may refer a complaint to the Attorney General.

Sec. B-8. 32 MRSA §4700-H, sub-§4, as amended by PL 1993, c. 25, §9 and affected by §15, is further amended to read:

4. Revocation and suspension of license. If the commission determines a violation of this chapter, the well driller and pump installer code of performance or other laws and rules in effect, including the water well information laws, Title 12, section 550- B, has occurred, the commission shall notify the responsible water well driller and, well drilling company, pump installer or pump installation company by certified or registered mail of the violation and order them to correct the violation .__The commission may order the responsible party or parties to correct, within 48 hours of notification, any violation it determines to be a significant threat to public health, including but not limited to, potential contamination by pathogenic organisms.__The commission may order that all other violations be corrected within a period of 60 days following receipt of notification. If the violation is not corrected within 60 days, or within 48 hours for significant threats to public health, the commission may revoke or suspend the registration license of the responsible party or parties. A registrant licensee who receives a written notice of a violation or of a revocation or suspension of registration a license under this subsection may request a

hearing before the commission. The commission shall conduct such hearings and issue its decision within 30 days of the request. A decision of the commission under this subsection is a final agency action. The commission shall adopt rules governing criteria for license reinstatement.__Rules adopted by the commission pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. B-9. 32 MRSA §4700-H, sub-§§6 and 7 are enacted to read:

6.__Levy fines.__The commission may levy fines for violations of the well driller and pump installer code of performance of not more than $1,000 per violation.

7.__Order well abandonment.__The commission shall adopt rules establishing procedures for determining that a well must be abandoned because of prior contamination or because it has been constructed in violation of existing regulations and standards, can not be altered or repaired to meet existing regulations or standards and poses a significant threat to public health or groundwater contamination.__Rules adopted by the commission pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. B-10. 32 MRSA §4700-I, as amended by PL 1993, c. 25, §§10 and 11 and affected by §15, is further amended to read:

§4700-I. Licensure and fees

Effective January 1, 1994, a person may not participate in the physical construction of a well for compensation or any public drinking water well unless registered licensed under this section.

1. Fees. The commission shall establish registration license fees sufficient to recover reasonable costs of administering this chapter, including costs associated with the development and administration of examinations. A registration fee is License fees are not required for apprentice well driller registration or apprentice pump installer licenses.

2. Licensure. An applicant for registration licensure shall submit to the commission, on a form provided by the commission, a written application for registration licensure containing such information as the commission requires. A person who holds a valid license as provided for in this section must be in the charge of a licensed well drilling company or pump installation company in order to actively practice well drilling or pump installation, repair or replacement.__A company license is valid

only while the company employs at least one licensed master well driller for a well drilling company or one master pump installer for a pump installation company. The commission shall register license an applicant for well driller registration licensure as either a master well driller or a journeyman well driller and applicants for pump installer licensure as either a master pump installer or a journeyman pump installer, based on the following criteria.

A. A master well driller must have a minimum of 3 years experience in well drilling and have worked an average of 1,000 hours per year as a journeyman well driller for each of those years.

B. A journeyman well driller must have at least one year experience in well drilling and have worked at least 1,000 hours during that year as an apprentice well driller.

C. A master pump installer must have a minimum of 3 years experience as a pump installer and have worked at least 350 hours as a pump installer during each of those years.

E.__A journeyman pump installer must have at least one year experience in pump installing and have worked at least 350 hours during that year as an apprentice pump installer.

F.__A well drilling company must be issued a license upon presentation to the commission of a valid master well driller license issued to and held by the owner or an employee of the firm, partnership or corporation.

G.__A pump installation company must be issued a license upon presentation to the commission of a valid master pump installer license issued to and held by the owner or an employee of the firm, partnership or corporation.

The commission shall register license a well driller or pump installer applicant who is not eligible for registration licensure under paragraphs A to C E as an apprentice.

3. Term of license. Well drillers and pump installers shall register must be licensed annually. All registrations licenses expire on December 31st of each year. Any person who is a well driller or pump installer on the effective date of this Act is deemed to be registered licensed.

4. Examinations. After January 1, 1994, a person must successfully complete a written examination administered by the commission in order to:

A. Initially register be licensed as a journeyman or master pump installer or as a journeyman or master well driller;

B. Upgrade from an apprentice to a journeyman well driller or an apprentice to a journeyman pump installer; and

C. Upgrade from a journeyman to a master well driller or a journeyman to a master pump installer.

A person licensed under chapter 49 as a master plumber is not required to complete an examination to perform the work of a pump installer.

Sec. B-11. 32 MRSA §4700-J, as repealed and replaced by PL 1993, c. 25, §12, is amended to read:

§4700-J. Licensure; well drillers and pump installers

Effective January 1, 1994, a person may not engage in the business of constructing water wells within the State or engage in the initial installation, replacement or repair of a pump in a water well unless registered licensed with the commission. An applicant for registration licensure must complete a registration an application form supplied by the commission, successfully complete any examination required by this chapter and pay an annual registration license fee established by the commission. The person so registered licensed shall display on each side of the drilling rig or the pump installer vehicle a seal issued by the commission indicating that person's registration license number and the current year of registration licensure. A person licensed under chapter 49 as a master plumber is not required to register be licensed with the commission to perform the work of a pump installer.

Sec. B-12. 32 MRSA §4700-L, as enacted by PL 1991, c. 455, Pt. B, §1, is repealed and the following enacted in its place:

§4700-L.__Penalties

1.__Fine.__Any person, company, firm, partnership or corporation who installs, alters, repairs or replaces a water well or pump system without being licensed as provided in this chapter or in violation of the code of performance adopted by the Maine Water Well Commission pursuant to section 4700-A, subsection 5, except for an apprentice well driller or an apprentice pump installer as set forth in this chapter, or any person, firm, partnership or corporation who procures a license as provided in this chapter wrongfully or by fraud commits a civil violation punishable by a fine of not more than $1,000.

2.__Injunction.__The State may bring action in Superior Court to enjoin any person, firm, partnership or corporation from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether civil proceedings have been or may be instituted.

3.__Exclusion.__This chapter does not prevent a person from making water well or pump system installations, alterations, repairs or replacements in a single-family residence occupied by that person or to be occupied by that person as a bona fide personal abode, providing the installation, alternation, repair or replacement conforms to the standards set forth in this chapter and any rules adopted by the commission or the department.

Sec. B-13. 32 MRSA §4700-M, as enacted by PL 1993, c. 25, §13, is amended to read:

§4700-M. Reciprocity

The commission may issue a registration license without examination, in a comparable classification, to any person who holds a registration or license in any state, territory or possession of the United States or any country, if the commission determines that the requirements for registration or licensure of well drillers or pump installers under which the person's registration or license was issued do not conflict with this chapter or the code of performance adopted by the commission under this chapter.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill amends the laws governing water wells in the following ways.

1. It changes the name of the Maine Water Well Drilling Program to the Maine Water Well Program and the name of the Maine Water Well Drilling Commission to the Maine Water Well Commission.

2. It provides that the repair or replacement of a pump in a well is under the jurisdiction of the Maine Water Well Commission.

3. It establishes the categories of apprentice pump installer, journeyman pump installer and master pump installer.

4. It gives the Maine Water Well Commission the duty to license well drilling companies and pump installation companies.

5. It changes the penalties that may be imposed for a violation of the laws governing water wells.