Processing Application To Renew License Or Operator’s Permit (Rule 36)

01. Processing Applications for Renewal. The Department shall receive a complete application for renewal no later than March 15 to assure that the license or operator’s permit will remain in force without interruption. If the director determines that the application is complete and the applicant is qualified, the license or operator’s permit will be renewed for the period ending on March 31 of the second year after approval of the renewal. (3-30-23) 02. Regulatory Compliance Required for Renewals. A license or operator’s permit will not be renewed if the applicant has not submitted all required driller’s reports, applications for drilling permits, fees, agreed civil penalties, has not complied with all orders requiring repair or decommissioning of improperly constructed wells or is not otherwise in compliance with Sections 42-235 and 42-238, Idaho Code, and the applicable rules. (3-30-23) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10 Department of Water Resources Well Driller Licensing Rules Section 050 Page 8 03. Compliance History. If the Director determines that the applicant has exhibited an unacceptable compliance history, the Director may deny renewal, refuse renewal for a specified time, or renew with conditions, including but not limited to an increased bond amount. (3-30-23) 04. Renewal of Expired Licenses or Operator’s Permits. A license or an operator’s permit which has expired or otherwise not been in effect for a period not exceeding three (3) years shall be renewed in accordance with the requirements of Rule 35. An applicant for renewal shall provide verification of earned credit hours required for the entire period since the license or operator’s permit was last issued. If a license or operator’s permit has been expired or otherwise not effective for a period of more than three (3) years, a new application shall be submitted in accordance with these Rules. The director may waive the examination requirement if the applicant has been previously licensed or permitted in the state of Idaho. (3-30-23) 05. Reuse of Identification Numbers. The identification number assigned to a license by the Department will not be reused if the license has been expired or otherwise not in effect for three (3) years or more except, at the director’s discretion, the number may be reissued to the original owner. (3-30-23) 06. Condition or Denial of an Application for Renewal. If the Director determines that the applicant has not or cannot fully comply with these rules, a license or operator’s permit may be issued with conditions. If the Director determines that the applicant is not qualified or has documented violations of well drilling laws and/or rules, the Director will deny the application. When there are documented violations of well drilling laws and/or rules, including well construction standards, the Director may issue a conditional license or operator's permit or deny an application based on the applicant's compliance history. Notice of a denied application or a conditioned license will be given as provided in IDAPA 37.01.01, “Rules of Procedure of the Idaho Department of Water Resources.” (3-30-23) 037. -- 049. (RESERVED) 050. DUTIES AND RESPONSIBILITIES OF DRILLERS, COMPANIES AND OPERATORS (RULE 50). 01. Licensed Drillers and Principal Drillers. All licensed drillers and principal drillers shall: (3-30-23) a. Allow drilling only by those authorized by and under the supervision required by these rules and according to any conditions of the license or permit. (3-30-23) b. Complete each well in compliance with IDAPA 37.03.09, “Well Construction Standards Rules,” and drilling permit conditions. (3-30-23) c. Maintain a valid cash or surety bond, as defined in Rule 60. (3-30-23) d. Display the driller or company license number in a conspicuous place on the drill rig using a metal identification plate issued by the Department or other permanent marking approved by the director. If requested by the applicant, one plate will be issued upon initial licensure. Replacement plates or additional plates are available for a fee. (3-30-23) e. Keep current the Department’s list of operators and drillers employed by the licensed driller or company, including current addresses for the company, drillers, and operators. The licensed driller or principal driller shall be held responsible for all drilling activity of a driller or operator under their supervision until such notification has been submitted in writing to the Department that the driller or operator is no longer employed by the licensed driller or company. (3-30-23) f. Have at the drilling site the driller’s license and drilling permit or other written authorization from the director to drill the well. (3-30-23) g. Obtain specific written authorization from the director to drill: (3-30-23) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10 Department of Water Resources Well Driller Licensing Rules Section 050 Page 9 i. In contaminated areas identified by the Department; (3-30-23) ii. In areas of drilling concern designated by the Department; (3-30-23) iii. A public drinking water supply well, as defined in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems”; (3-30-23) iv. Low temperature geothermal resource wells; and (3-30-23) v. Geothermal resource wells. (3-30-23) h. Monitor and record bottom-hole temperature in areas where low temperature geothermal resources are known or suspected or when the well is being constructed pursuant to IDAPA 37.03.09, Rule 30, as a low temperature geothermal resource well. Bottom-hole temperature of every well being constructed pursuant to IDAPA 37.03.09, Rule 30, must be measured, recorded, and reported on the well drillers report. (3-30-23) i. Maintain a daily well log at the drilling site acceptable to the Department and as required by Section 42-238(11), Idaho Code. Pertinent data required to be recorded on the daily log must include information sufficient to complete a well drillers report acceptable to the Director. The driller shall retain the well log for at least one (1) year after the driller’s report is submitted to the Department. (3-30-23) j. Submit driller’s reports, acceptable to the Director, on forms approved by the Department within thirty (30) days following removal of the drill rig from the drilling site at completion of the well. Driller’s reports shall be prepared from information recorded on the daily well log. Driller’s reports returned to the driller due to deficiencies must be corrected and returned to the Department within thirty (30) days of mailing by the Department. (3-30-23) k. Attach a well tag supplied by the Department to every well drilled for which a drilling permit is required. The tag shall be affixed permanently to the casing, or other permanent object attached to the well, by a method approved by the Director prior to removing the well rig from the drilling site. (3-30-23) l. Cause all drilling activity under the supervision of the driller to cease when the driller’s license expires, becomes invalid, or is suspended or revoked. (3-30-23) 02. Companies. Companies shall: (3-30-23) a. Have a principal driller always designated with the Department and keep current the Department’s contact information to include a valid phone number for the principal driller. (3-30-23) b. Notify the Department within ten (10) days of the principal driller leaving employment with the company. The company’s license shall immediately become void and of no effect when the principal driller leaves employment with the company and shall remain so until the Department has been notified in writing that a new principal driller has been employed and designated by the company. Failure to designate a principal driller within ninety (90) days of the departure of the designated principal driller is cause for the director to take action to cancel the company’s license. (3-30-23) c. Always maintain a bond as required in Rule 60. (3-30-23) 03. Operators. Operators shall: (3-30-23) a. Have in their possession a valid operator’s permit while operating drill rigs or drilling equipment. (3-30-23) b. Only drill wells as authorized by the operator’s permit. (3-30-23) c. Maintain a complete and accurate well log at the drilling site. (3-30-23) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10 Department of Water Resources Well Driller Licensing Rules Section 060 Page 10 d. Co-sign a driller’s report with the licensed driller upon completion of the well. (3-30-23) 051. -- 059. (RESERVED)