ARC 8599C

ARC 8599C

Proposing rulemaking related to well contractor certification
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):

●September 24, 2024

Servicios gratuitos de asistencia lingüística. Si habla un idioma que no sea el inglés, los servicios de asistencia lingüística están disponibles de forma gratuita. Comuníquese con el Departamento al erik.day@dnr.iowa.gov.

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.

Free Language Assistance: If you need assistance in a language other than English, contact the Department at erik.day@dnr.iowa.gov or civilrights@dnr.iowa.gov or by telephone at 515.402.7981 at least seven days before the event.

Servicios gratuitos de asistencia lingüística: si necesita ayuda en un idioma que no sea inglés, comuníquese con el Departamento al erik.day@dnr.iowa.gov o civilrights@dnr.iowa.gov o por teléfono a 515.402.7981 al menos siete días antes del evento.

ITEM 1.Rescind 567—Chapter 82 and adopt the following new chapter in lieu thereof:

CHAPTER 82

WELL CONTRACTOR CERTIFICATION

567—82.1(455B) Definitions. In addition to the definitions in 567—Chapter 39, 567—Chapter 40, 567—Chapter 49, and Iowa Code sections 455B.171, 455B.190, and 455B.190A, which are hereby adopted by reference, the following definitions shall apply to this chapter:

“Pump installer” means a person certified by the department to perform pump services.

“Pump services” means the same as defined in Iowa Code section 455B.190A. The term also includes modification of the upper terminus of a well; well plugging; well rehabilitation; or the construction of Class 3 wells.

“Well driller” means a person certified by the department to perform well drilling services.

“Well drilling services” means the same as “well services” as defined in Iowa Code section 455B.190A. The term includes well rehabilitation.

“Well plugging contractor” means a well contractor certified to plug only Class 1 or Class 3 wells but not certified to abandon Class 2 wells or perform any other well services.

567—82.2(455B) General.

82.2(1) Certified well contractor requirement.

a.All well services shall be performed pursuant to this chapter by a certified well contractor who is on site and in direct charge of the well services, except that a person may perform well services on their own property without being certified.

b.Prior to performing well drilling services, a certified well contractor shall notify:

(1)The department or the county, if a well does not have the required construction permits; or

(2)The department, if the use of the water requires a water use allocation and the owner has not applied for or been issued a water use allocation.

82.2(2) Applicability exception. These rules shall not apply to a water operator certified pursuant to Iowa Code section 455B.213, when the water operator is performing pump services on any well owned by a PWS as defined in Iowa Code section 455B.171. These rules shall not apply to a wastewater operator certified pursuant to Iowa Code section 455B.213, when the wastewater operator is performing pump services on a groundwater monitoring well, groundwater dewatering well, or other well not used to provide drinking water, owned by a sewer system as defined in Iowa Code section 455B.171. Pump installer certification requirements shall not apply to monitoring wells.

82.2(3) Address change. Certified well contractors shall report address changes to the department within 30 days after the change.

567—82.3(455B) Classification of well contractors.

82.3(1) Classifications. The three classifications of certified well contractors are:

a.Certified well contractor, including:

(1)Well driller, and

(2)Pump installer.

b.Provisionally certified well contractor, including:

(1)Well driller, and

(2) Pump installer.

c.Well plugging contractor.

82.3(2) Certified well contractor. In order to be a certified well contractor, an applicant shall have met the experience requirements, successfully completed the well contractor examination for well drilling services or pump services, or both, been issued a certificate by the department, and renewed the certification in accordance with this chapter.

82.3(3) Provisionally certified well contractor. The requirements and conditions for provisional well contractor certification are described in Iowa Code section 455B.190A. A provisionally certified well contractor will become a certified well contractor after the submission of an application showing all certification requirements have been met and submission of appropriate fees to the department. The certificate for a provisionally certified well contractor will be issued for one year. The department shall issue a certified well contractor certificate after the one-year period and the receipt of appropriate fees.

82.3(4) Well plugging contractor. In order to be certified as a well plugging contractor, an applicant shall take a four-hour training course designated by the department, successfully complete a well plugging test, be issued a certificate by the department, and renew the certification in accordance with this chapter.

567—82.4(455B) Experience requirements. All applicants shall meet the experience requirements shown below. Educational programming approved by the department may be substituted for up to one half of any experience requirement at the rate of one continuing education unit (CEU) for each 100 hours of required experience.

567—82.5(455B) Certification and examination fees. The following fees are nonrefundable.

82.5(1) Examination fee. Fee for each examination: $50.

82.5(2) Oral examination fee. Fee for each oral examination: $100.

82.5(3) Certification fees.

a.Well drilling contractors.

(1)Initial certification fee for each one-half year of a two-year period from the date of issuance to June 30 of the next even-numbered year: $75.

(2)Certification renewal fee: $300.

b.Pump installation contractors and well plugging contractors.

(1)Initial certification fee:

1.For each one-half year of the first year of certification: $75.

2.For each additional one-half year period to June 30 of the next even-numbered year: $50.

(2) Certification renewal fee: $200.

82.5(4) Provisionally certified well contractor fee. Provisionally certified well contractor fee: $150.

82.5(5) Late certification penalty fee. Penalty fee for late payment of the initial certification fee or renewal fee: $100.

82.5(6) Duplicate certificate fee. A currently certified well contractor may obtain a duplicate certificate upon payment of a $20 fee.

82.5(7) Recertification fee. Contractors who have not earned sufficient CEUs for certification renewal and who wish to recertify within two years after expiration of their certification must retake and pass the examination(s) and pay a certification fee of $1,000.

567—82.6(455B) Examinations.

82.6(1) Examination types. There are four well contractor examinations available:

a.General fundamentals examination - well drilling and pump installation contractors.

b.Specialty examination - well drillers.

c.Specialty examination - pump installers.

d.Specialty examination - well plugging contractors.

82.6(2) Required examinations.

a.Well drilling contractors and pump installers must take and pass the general fundamentals examination and at least one of the specialty examinations. Examinations may be taken at the same time and place or at different times. Work shall be limited to the specialty in which proficiency has been demonstrated by written examination.

b.Well plugging contractors must take and pass the well plugging examination only.

82.6(3) Examination application.

a.A person wishing to take the examination(s) to become a certified well contractor shall complete and submit an examination application form provided by the department.

b.All examination applications shall be accompanied by the examination fee.

c.The department may allow local county environmental health officials to take an examination, even if they do not meet the work experience or training requirements, provided they pay the examination fee. If an official receives a passing score on the examination, they will receive a letter of acknowledgement; however, they will not be certified and will not be allowed to perform any well services.

82.6(4) Application evaluation. After evaluating an application, the department will notify an applicant of examination eligibility or noneligibility.

82.6(5) Application expiration. An approved examination application shall be valid for one year from the approval date. All required examinations shall be completed within one year of application.

82.6(6) Examination fee refund. The department may refund a portion of the examination or reexamination fee for an applicant who does not qualify for examination within one year of application approval. If an applicant will qualify for a scheduled examination within one year, the fee will not be refunded.

82.6(7) Reexamination.

a.Upon failure of the first examination, an applicant may apply for reexamination. Upon failure of the second examination, the applicant must wait a period of 180 days between each subsequent reexamination.

b.Upon each reexamination while a valid application is on file, an applicant shall submit the examination fee to the department.

82.6(8) Application invalidation. Failure to successfully complete the necessary examinations within one year from the application approval date shall invalidate an application.

82.6(9) Oral examination. Upon written request by an applicant, the director will consider administering an oral examination on an individual basis when: the applicant has failed the written examination at least twice; the applicant has shown difficulty in reading or understanding written questions but may be able to respond to oral questioning; the applicant is capable of communicating in writing with regard to departmental requirements and inquiries; and the director has received a written recommendation for an oral examination from a department staff member attesting to the operational and performance capabilities of the applicant.

82.6(10) Reasonable accommodation. Upon an applicant’s request, the director will consider reasonable accommodation to allow administration of an examination without discrimination on the basis of disability. An applicant shall request accommodation 30 days prior to the examination date. An applicant shall provide documentation of eligibility for the accommodation with the examination application form. Accommodations based on documentation may include site accessibility, oral examination, extended time, separate testing area, or other concerns. If an oral examination is considered a reasonable accommodation, the oral examination fee shall apply.

567—82.7(455B) Contractor certification.

82.7(1) Examination requirement. All applicants for well contractor certification shall pass the relevant examinations prior to receiving certification.

82.7(2) Certification.

a.To receive certification, an applicant who passes the examination(s) shall submit the appropriate certification fee to the department within 30 days of receiving notification from the department of passing the examination(s). Payment may be digitally submitted in accordance with the instructions on the department’s website at www.iowadnr.gov, mailed, or hand delivered. All certification fee payments that are mailed or hand delivered shall be submitted with the applicant’s notification of passing the examination(s).

b.Any certification payment digitally submitted, postmarked, or hand delivered to the department more than 30 days but less than 60 days after the date the applicant received notification passing the examination(s) shall be accompanied by the appropriate certification fee and the late certification penalty fee.

c.Applicants who do not submit the appropriate certification fee within 60 days’ notice of passing the examinations will not be certified on the basis of that examination(s).

82.7(3) Denial appeal. Applicants may appeal a denial of certification within 30 days of receiving notification pursuant to 567—Chapter 7.

82.7(4) Certificate renewal.

a.Renewal period. All certificates shall expire on June 30 of even-numbered years and shall be renewed every two years in order to maintain certification.

b.Continuing education requirements for renewal. The CEU credits detailed in 567—82.8(455B) shall be obtained prior to any certificate renewal.

c.Renewal applications and fee.

(1)Certification renewal applications shall be made available to certified well contractors on the department’s website at www.iowadnr.gov 60 days prior to the certificate expiration date.

(2)All renewal applications shall be digitally submitted, postmarked, or hand delivered to the department prior to certificate expiration, and shall be accompanied by the appropriate certification renewal fee.

d.Late renewal. Any certification renewal application digitally submitted, postmarked, or hand delivered to the department after certificate expiration shall be accompanied by the appropriate certification renewal fee and the late certification renewal penalty fee.

e.Failure to renew. If a certified well contractor fails to renew within 60 days following certificate expiration, the right to renew the certificate is automatically terminated. Certification may be allowed at any time following such termination, provided that the applicant passes the appropriate examinations and submits the appropriate certification fee in accordance with this rule.

f.Expired certificate. A certified well contractor may not continue to provide well services after certificate expiration without renewal thereof.

567—82.8(455B) Continuing education.

82.8(1) CEU requirements. CEUs must be earned during two-year periods between April 1 and March 31 of even-numbered years.

a.A certified well contractor holding well driller certification or both well driller and pump installer certifications must earn 1.6 CEUs or 16 contact hours during each two-year period.

b.A certified well contractor holding only pump installer certification must earn 1.0 CEU or 10 contact hours during each two-year period.

c.A well plugging contractor may be required to earn 0.2 CEUs or 2 contact hours during each two-year period as determined by the department, provided the well plugging contractor is notified of the requirement at the beginning of the renewal period.

d.Newly certified (previously uncertified) well contractors who are certified after April 1 of even-numbered years will not be required to earn CEUs until the next two-year period.

82.8(2) Certificate renewal. Only those certified well contractors fulfilling the CEU requirements before the end of each two-year period (March 31) will be allowed to renew their certificate(s). All certificates of certified well contractors not fulfilling the CEU requirements shall expire on June 30 of every even-numbered year.

82.8(3) CEU approval. All activities for which CEU credit will be granted must be approved by an accredited college or university, technical institute, or the department, and shall be related to well services, relevant aspects of Iowa groundwater law, well construction, well maintenance, well abandonment practices, well contractor safety (no more than 0.2 CEU per renewal), water system maintenance, or Iowa hydrogeologic conditions that protect groundwater and water supplies.

82.8(4) CEU exceptions. The director may, in individual cases involving hardship or extenuating circumstances, grant a certified well contractor six additional months to fulfill the minimum CEU requirements. Hardship or extenuating circumstances include documented health-related confinement or other circumstances beyond the control of the contractor that prevent attendance at the required activities. All extension requests must be made prior to March 31 of each even-numbered year.

82.8(5) CEU reporting. It is the certified well contractor’s personal responsibility to maintain a written record of the CEUs earned during each renewal period and report the credits to the department by following the instructions on the department’s website at www.iowadnr.gov.

82.8(6) Alternative CEU requirements. A certified well contractor shall be deemed to have complied with the CEU requirements of this rule during periods that they serve honorably on active duty in the military services, for periods of government employment working as a well contractor and assigned to duty outside of the United States, or for other periods of active practice and absence from the state approved by the director.

567—82.9(455B) Certified well contractor obligations.

82.9(1) Record and sample submission. Within 30 days of completion of any water well, each certified well contractor shall submit the following:

a.A well record form to the authority who issued the well construction permit (the department or the local county health department), in accordance with 82.9(2); and

b.Drill cutting samples to the Iowa Geological Survey (IGS) for any water well used as part of a public water supply, a well used for water withdrawal for which a permit is required by 567—50.1(455B), or a department-required well used to monitor groundwater quantity or quality, as required by 82.9(3).

c.Prior to constructing a water well to be used as part of a nonpublic water supply or other water well used to access groundwater, a certified well contractor shall contact the local health department in the county in which the water well is to be located to determine if submittal of drill cutting samples is required.

82.9(2) Well record form. Well drilling records shall be submitted on the well record form, or, for all nonpublic water supply wells, into the department’s Iowa Well Information System database. Both the form and the database are available on the department’s website at www.iowadnr.gov. The well record form shall include the following:

a.Well location and legal description (quarter section, section number, township, range, and county);

b.Reference point for all depth measurements;

c.Depth at which each significant change of formation occurs;

d.Depth at which pump is set, the non-pumping and pumping water levels in the well measured from the land surface, and the rate and duration the well was pumped;

e.Identification of the material of which each significant stratum is composed;

f.Depth at which hole diameters (bit sizes) change;

g.Normal hole diameter of the well bore;

h.Total depth of the completed hole;

i.Depth or location of any lost drilling fluids, drilling materials, or tools;

j.Casing depth, grouting schedule, including materials used and method of placement, and description of the well casing and liner pipe;

k.A description of well screens, including diameter, length, material slot sizes, amount of open area, and location in well; and

l.A description of physical and chemical well development activities.

82.9(3) Cutting samples. Drill cutting samples shall be collected at intervals of five feet and at each pronounced change in geological formation. The IGS will provide drill cutting bags.

82.9(4) Test pumping. Certified well contractors shall provide, as requested, test pumping data for water wells used as part of a public water supply and for water wells used as part of a regulated water use pursuant to 567—subrule 50.6(1).

567—82.10(455B) Disciplinary actions.

82.10(1) Reasons for disciplinary action. Disciplinary action may be taken against a certified well contractor or well plugging contractor on any of the grounds specified in Iowa Code section 455B.190A and the following more specific grounds:

a.Knowingly making any false statement, representation, or certification on any application, record, report, or document required to be maintained or submitted under any applicable permit or rule of the department.

b.Failure to renew certification.

c.Failure to obtain required CEUs.

d.Failure to submit, within the time required, drill cutting samples, records, or other reports required under applicable permits or rules of the department, including failure to submit complete records or reports.

e.Failure to use reasonable care or judgment or to apply knowledge or ability in performing the duties of a certified well contractor or well plugging contractor.

f.Violation of well construction, plugging or pump installation standards or other requirements in 567—Chapters 39, 43, 49 and 110.

g.Failure to advise a person for whom well services are being provided that a hazardous or potentially hazardous condition, as defined in Iowa Code section 455B.381(2), has been encountered.

h.Knowingly causing or allowing a hazardous or potentially hazardous condition due to well construction to exist.

i.Drilling or reconstructing a well without a construction permit.

82.10(2) Disciplinary sanctions.

a.Certificate revocation. Revocation of a certificate may be permanent without chance of recertification or for a specified period of time.

b.Partial revocation or suspension. Revocation or suspension of the practice of a particular aspect of the contractor’s responsibility.

c.Probation. Probation under specified conditions relevant to the specific grounds for disciplinary action. Additional education or training or reexamination may be required as a condition of probation. Reexamination may include written and oral examinations.

d.Fees. The department shall determine which fees in 567—82.5(455B) apply.

e.Penalties. Civil penalties may be assessed in accordance with Iowa Code section 455B.109.

82.10(3) Procedure.

a.The director shall initiate disciplinary action. The director may investigate any alleged factual situation that may be grounds for disciplinary action under 82.10(1) and report the results of the investigation to the commission.

b.The director may issue an administrative order that may assess a penalty or refer a case to the attorney general for prosecution for any disciplinary action.

c.Written notice by certified mail shall be provided to a certified well or well plugging contractor against whom disciplinary action is being considered. The certified well or well plugging contractor will be given 20 days’ advance notice that an informal hearing has been scheduled before the commission. The notice will provide the specific date, time, and place, at which time the commission will hold the informal hearing to determine whether a formal hearing is warranted or whether informal resolution can be reached. The certified well or well plugging contractor may present any relevant facts and indicate their position in the matter.

d.A certified well or well plugging contractor who receives notice of an informal hearing shall communicate orally or in writing with the director, and efforts shall be made to clarify the respective positions of the certified well or well plugging contractor and the director. Department staff may present a recommendation concerning disciplinary sanctions to the commission at the informal hearing.

e.Failure to attend the informal hearing or otherwise to communicate facts and position relevant to the matter by the scheduled date will be considered by the commission when determining whether a formal hearing is warranted.

f.If agreement as to appropriate disciplinary sanction, if any, can be reached with the certified well or well plugging contractor and the commission concurs, a written stipulation and settlement between the department and the certified well or well plugging contractor shall be entered. The stipulation and settlement shall recite the basic facts and violations alleged, any facts presented by the certified well or well plugging contractor, and the reasons for the particular sanctions imposed.

g.If the commission determines that no disciplinary action is warranted on the facts asserted, the certified well or well plugging contractor shall be notified of the decision in writing.

h.If the commission determines that an opportunity for formal hearing is required to impose any disciplinary sanction specified in 82.10(2), the director shall proceed in accordance with 567—Chapter 7.

567—82.11(455B,272C) Certificate revocation. Upon certificate revocation in accordance with Iowa Code section 455B.190A, application for certification may be allowed after two years from the revocation date. Any such applicant shall pass an examination and be certified in the same manner as other applicants. The department shall determine which fees in 567—82.5(455B) apply.

These rules are intended to implement Iowa Code sections 455B.187 and 455B.190A.