PURPOSE: This rule establishes the criteria and procedures used in permitting a well installation, heat pump installation, monitoring well installation, pump installation, employee and drilling supervisor in Missouri.

1. (1) All applicants for a nonrestricted well installation, heat pump installation, monitoring well installation, monitoring test-hole installation, and pump installation contractor permits shall meet the following requirements:

   1. (A) Applicant must submit the testing application, supplied by the division, and appropriate testing fee;
   2. (B) Applicant must pass the general test (open book) with a minimum score of seventy percent (70%);
   3. (C) After passing the general test, applicant must submit an apprenticeship application, supplied by the division. The apprenticeship application must be accompanied by the appropriate permit fee, and must be signed by the nonrestricted permittee who will be responsible for the apprenticeship and apprentice’s work;
   4. (D) After approval of the application for apprenticeship, the division will issue the applicant a permit number for use during the apprenticeship;
   5. (E) Applicant must be an apprentice for a period of two (2) years;

   6. (F) During the two (2)-year apprenticeship, the apprentice must perform the type of work applied for and sign and submit the appropriate certification or registration form on at least:

      1. 1. Twenty-five (25) different water well

installations;

1. 2. Twenty-five (25) different pump

installations;

1. 3. Ten (10) different heat pump installa-

tions; and/or

1. 4. Twenty (20) different monitoring well

sites;

1. (G) If apprentice cancels the apprenticeship, he/she may reapply, within one (1) year of termination. If the application is approved, apprentice will be reinstated at the same status as at the point of termination;
2. (H) Applications submitted from work performed by an apprentice in other states will be considered as long as the corresponding state has construction requirements similar to the requirements of the state of Missouri;
3. (I) The nonrestricted permittee responsible for the apprentice must also sign the required certification/registration form as the installation contractor and submit the form and appropriate fee to the division;
4. (J) At the end of the two (2)-year apprenticeship, the apprentice must submit a testing application and the appropriate testing fee for the specific (closed book) test;
5. (K) If, at the end of the two (2)-year period, the apprentice has not completed the required number of installations, the apprentice may apply to extend the apprenticeship on a year-by-year basis; and
6. (L) After completion of the apprenticeship period and passing the specific test, the apprentice must submit a contractor application, supplied by the division, with appropriate fees. After approval of the application, the division will issue the apprentice a nonrestricted permit.

1. (2) The apprentice may transfer to another company; however, a nonrestricted permittee must sign as the responsible party for the apprentice. The apprentice may apply to transfer to another company by submitting a new apprenticeship application to the division.

2. (3) Applicants for the nonrestricted permit who hold a valid permit that is in good standing in another state with requirements similar to the state of Missouri’s requirements, as determined by the division, or who is currently permitted with the state of Missouri, must submit the testing application, appropriate testing fee, and proof of the valid permit to be scheduled for the test. After passing the general (open book) and specific (closed book) tests with a minimum score of seventy percent (70%) on each test, the applicant must submit each of the following to the division within thirty (30) days:

   1. (A) A contractor application;
   2. (B) Vehicle application, supplied by the division, for each drilling rig, pump truck, or service rig which will be used by the permittee and appropriate fee;

   3. (C) Proof of financial responsibility in the form of a surety bond, certificate of deposit (CD), or irrevocable letter of credit in the amount of twenty-five thousand dollars ($25,000). The bond, CD, or letter of credit shall be:

      1. 1. Placed on file with the division;
      2. 2. Made payable to the Department of

Natural Resources;

1. 3. Issued by an institution authorized to

issue such bonds in this state;

1. 4. Certificate of deposit must be auto-

matically renewable for timeframe covering the apprenticeship; and

1. 5. Any interest on the certificates of

deposit shall be made payable to the permittee.

1. (D) The requirement for proof of financial responsibility shall cease after two (2) consecutive years of permitted activity if the con- 10 CSR 23-1

tractor does not have any outstanding notices of violation against their permit. If the contractor does not have any outstanding violations at the end of the two (2)-year period, the bond or letter of credit will be returned to the contractor within thirty (30) days of the end of the two (2)-year period;

1. (E) If, at the end of those two (2) years, the division has found that the contractor has failed to meet the construction standards set forth in the Missouri Well Construction Rules, the division shall notify the contractor, within sixty (60) days, that the bond or letter of credit will be forfeited and the moneys placed in the Groundwater Protection Fund for remedial action, if the permittee does not bring the well up to the standards established in the notice of violation within the timeframes determined by the division. The division may, upon expiration of the notification period, expend whatever portion of the bond or letter of credit is necessary to hire another contractor to bring the well or borehole up to the standards set forth in the notice of violation or to plug the well and construct a new well; or
2. (F) If, at the end of those two (2) years, the division has found that the contractor has outstanding violations against the administrative standards set forth in the Missouri Well Construction Rules, the division shall notify the contractor, within sixty (60) days, that the bond or letter of credit will continue to be held as a condition of permit renewal for a period of another two (2) years.

1. (4) A special restricted permit and examination are available, upon request, for those persons who only drill unconsolidated material wells or set pumps in them. To be scheduled for this type of restricted examination, an application must be received at least fifteen (15) days prior to the testing date for which the applicant wishes to be scheduled. If a restricted permittee is found to be drilling or setting a pump in a type of material they are not permitted to operate in, they will be subject to appropriate enforcement action.
2. (5) Information on where to obtain applicable study material will be available to each applicant prior to testing.
3. (6) A testing schedule will be available upon request of the applicant.
4. (7) A completed application for testing must be received fifteen (15) days prior to the testing date for which the applicant wishes to be scheduled. The division will notify the applicant within ten (10) days from receiving the completed application for testing if the applicant has qualified to take the test applied for and the date of the next available test. The testing fee is due before the test is given.
5. (8) A minimum score of seventy percent (70%) on the general test and a minimum score of seventy percent (70%) on each required specific test must be achieved by the applicant prior to being permitted. The applicant will be sent the results of the test as soon as possible. If applicant has a passing score, the appropriate applications for permit will be included with the results.
6. (9) Applicant may retake all tests on the same day if time allows. All retakes must be accompanied by the testing fee.
7. (10) If a request is made and documented more than thirty (30) days in advance, the exam may be taken orally. The same exam will be given and the same results must be achieved on an oral exam as for a written exam. Due to the special nature of this type of exam, special scheduling dates will be necessary. People with disabilities requiring services or accommodations can make arrangements by contacting the division.
8. (11) Any applicant who does not agree with his/her test results may appeal to the Well Installation Board.
9. (12) If an applicant wishes to withdraw his/her application for testing, s/he may do so by requesting, in writing, ten (10) days in advance. If the applicant does not cancel as stated and is not present for the test, they may reschedule up to two (2) times. If after the second reschedule the applicant does not appear, the testing application will be cancelled and the fee will be forfeited. If the applicant wishes to take the test after the testing application has been cancelled, they must reapply and submit the appropriate fee.
10. (13) Persons who contract the drilling of wells, installation of pumps, or both, but do not drill the wells or set the pumps must be a permitted well installation, heat pump installation, monitoring well installation, monitoring test-hole installation, or pump installation contractor, or any combination of these. The only test required is the general (open book) test. A restriction must be placed on the permit which states that any well drilling or pump work contracted be done by a nonrestricted permitted installation contractor. Persons who wish to apply for this type of exam shall submit the testing application and appropriate fees.
11. (14) A nonrestricted permitted well installation, heat pump installation, monitoring well installation, monitoring test-hole installation, pump installation contractor, or any combination of these, must be present at all times during the apprentice’s initial number of installations (see subsection (1)(F) of this rule). The nonrestricted permittee must be on site during the initial installations (see subsection (1)(F) of this rule) while a well is being drilled and completed, a pump is being set, or any combination of these.
12. (15) Persons who wish only to drill the heat pump hole and grout the closed-loop into the heat pump hole must obtain a permit to do so. The permit will be restricted to the previously mentioned activities and a current nonrestricted water well installation contractor’s permit is required as one (1) of the qualification criteria. Those people who wish to apply for this type of heat pump installation contractor’s permit that have a valid nonrestricted water well installation contractor permit must take only the general test covering heat pump construction.
13. (16) Applicants for contractor permits who do not meet the requirements set out in this rule may petition the board. The board has the authority to rule upon the qualifications of the applicants and may require additional evidence of qualifications.

AUTHORITY: sections 256.606, 256.607, 256.611, 256.613, and 256.626, RSMo 2000.* Original rule filed April 2, 1987, effective July 27, 1987. Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed July 13, 1994, effective Jan. 29, 1995. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed July 30, 2008, effective Feb. 28, 2009.

*Original authority: 256.606, RSMo 1991; 256.607, RSMo 1985, amended 1991; 256.611, RSMo 1985, amended 1991; 256.613, RSMo 1991; and 256.626, RSMo 1985, amended 1991.