Permittee Qualifications, Testing Procedures, and Permit Application

PURPOSE: This rule establishes criteria and application procedures for permitting water well, heat pump, monitoring well, and pump installation permittees. (1) Restricted Permit. (A) To apply for a restricted permit as a water well, heat pump, monitoring well, or pump installation contractor an applicant shall— 1. Submit a complete permit testing application and corresponding fee; 2. Pass the applicable restricted permit test(s) (open book) with a minimum score of seventy percent (70%); and 3. Submit a complete permit application and the corresponding fee. (B) After approval of the permit application, the department will issue the restricted permit. A permit may be denied if the applicant has unresolved violations. (2) Non-Restricted Permit. See 10 CSR 23-1.050(7) for adding a permit type to an existing permit and 10 CSR 23-1.105 for rein- statement of an expired permit. (A) To apply for a non-restricted permit as a water well, heat pump, monitoring well, or pump installation contractor an applicant shall— 1. Complete the apprenticeship program pursuant to 10 CSR 23-1.050(3); 2. Submit a complete permit testing application and corresponding fee; 3. Pass the applicable non-restricted permit test(s) (closed book) with a minimum score of seventy percent (70%); 4. Submit a complete permit application and the corresponding fee; and 5. If applicable pursuant to 10 CSR 23-1.050(3)(L) or 10 CSR 23-1.050(7) the apprenticeship program may be waived. (B) After approval of the permit application, the department will issue the non-restricted permit. A permit application may be denied if the applicant has unresolved violations. After resolution of violations, the department may require prenotification pursuant to 10 CSR 23-1.050(6). (3) Apprenticeship Program. (A) To apply for a permit as an apprentice water well, heat pump, monitoring well, or pump installation contractor an applicant shall— 1. Submit a complete testing application and corresponding fee; 2. Pass the applicable apprentice permit test(s) (open book) with a minimum score of seventy percent (70%); 3. Submit a complete apprentice permit application, signed by a responsible party who will be responsible for the apprentice- ship; 4. The responsible party shall be a non-restricted permit holder holding the same type of permit for which the apprentice is applying. A non-restricted permittee may not serve as an apprentice’s responsible party for a period of one (1) year from the date of resolution of any enforcement action taken by the department (includes, but is not limited to, settlement agreements, orders, consent judgments, suspension, or revocation); and 5. After approval of the permit application, the department will issue the apprentice permit. (B) The apprenticeship period is two (2) years. (C) The applicant shall complete work for the applicable permit type and sign the appropriate certification or registration form on a minimum of— 1. Water Well Permit - Twenty-five (25) different domestic or multifamily water well installations or ten (10) different high RESOURCES yield bedrock or public wells; 2. Pump Installation Permit - Twenty-five (25) different domestic or multifamily pump installations or ten (10) different high yield or public well pump installations; 3. Heat Pump Installation Permit - Ten (10) different heat pump system installations; 4. Monitoring Well Permit - Twenty (20) different monitoring wells or twenty (20) different temporary monitoring well sites. A. Test Hole Only Endorsement – Twenty (20) different test holes; and 5. Plugging abandoned wells for the applicable type of permit may count for up to ten percent (10%) of the required installations. (D) The responsible party for the apprentice or another non-restricted permit holder for the applicable permit type shall oversee the apprentice’s work on site, sign the certification or registration form as the installation contractor, and submit the form and appropriate fee. (E) Once the number of installations pursuant to 10 CSR 231.050(3)(C) have been completed, the apprentice may work independently for the remainder of the two (2) year apprenticeship provided the responsible party continues to sign certification and registration forms as installation contractor along with the apprentice. (F) The apprenticeship period may be reduced if the required number of installations pursuant to 10 CSR 23-1.050(3)(C) are met and proof of financial responsibility are provided for the remainder of the apprenticeship period pursuant to 10 CSR 23- 1.050(5). (G) An apprentice may transfer the apprenticeship to another company by submitting a new apprenticeship application to the department with a non-restricted permittee signing as the responsible party. (H) An apprentice can be permitted under more than one (1) company if the apprentice submits the appropriate application and fee for each permit type and a non-restricted permittee from each company signs as the responsible party. Apprentices will be issued separate permit numbers for each permit type. (I) At the end of the two (2) year period, the apprentice may apply to extend the apprenticeship on a year-by-year basis if the number of installations has not been met. If an application to extend the apprenticeship is not received, the apprentice permit will not be renewed. (J) If an apprentice cancels the apprenticeship, they may reapply within five (5) years. If the application is approved, the apprentice will be reinstated at the same status as at the point of cancellation. (K) Proof of work performed in other states by an apprentice will be evaluated on a case-by-case basis for meeting the requirements of 10 CSR 23-1.050(3)(C). (L) Applicants who are permitted in another state may request an exemption to the apprenticeship program provided they— 1. Submit proof of a valid permit and supporting documentation that includes, at a minimum, a copy of current license or permit, examples of well records, and contact information for the regulatory agency that issued the permit (same type of permit(s) only); and 2. Submit proof of financial responsibility pursuant to 10 CSR 23-1.050(5) for a period of two (2) years; and 3. Complete one (1) year of prenotification pursuant to 10 CSR 23-1.050(6). (4) Testing. (A) Applicants may retake the test one (1) time on the last test date. All subsequent test attempts shall be a minimum of thirty (30) days from the initial test date. (B) An applicant may withdraw a testing application by notifying the department a minimum of ten (10) days in advance. Testing application fees are non-refundable; however, tests may be rescheduled up to two (2) times without cancellation of the application and forfeiture the corresponding fee. (5) Financial Responsibility. (A) Proof of financial responsibility pursuant to section 256.616, RSMo, when applicable, may be in the form of a surety bond, certificate of deposit (CD), or irrevocable letter of credit. The bond, CD, or letter of credit shall— 1. Be submitted to the department in the amount of twenty-five thousand dollars ($25,000); 2. Be made payable to Missouri Department of Natural Resources; 3. Be issued by an institution authorized to issue such bonds in this state; 4. Be irrevocable letter of credit or automatically renewable (CD) for time frame covering the apprenticeship; 5. Have any interest on CDs made payable to the permittee; and 6. Be held for a period of two (2) years from the permit issue date. (B) If the bond, CD, or letter of credit is cancelled by the issuing agent, the permittee shall submit new proof of financial responsibility within thirty (30) days of cancellation, or the permit will be suspended until proof of financial responsibility is restored. (C) If the department finds that the contractor has outstanding administrative violations set forth in the Missouri Well Construction Rules, the department will notify the permittee that the bond, CD, or letter of credit will continue to be held as a condition of permit renewal for an additional two (2) years if the permittee does not resolve outstanding violations. Within thirty (30) days of notification of an outstanding administrative violation by the department the permittee is responsible for ensuring that the bond, CD, or letter of credit is valid for another two (2) years or the permit will be subject to enforcement action, which may include suspension or revocation. (6) Prenotification. Notice shall be given twenty four (24) hours in advance for any regulated work requiring prenotification. Prenotification shall include work to be performed, owner name, address, GPS location, and date work will begin. The prenotification requirement will be effective for one (1) year from the permit issue date unless otherwise directed by the department. (7) Adding permit types. (A) Current Missouri permit holders, with the exception of pump installation permit holders, may apply to add additional permit types by doing the following: 1. Complete apprenticeship program pursuant to 10 CSR 23-1.050(3) or submit proof of financial responsibility pursuant to 10 CSR 23-1.050(5) and complete one (1) year of prenotification pursuant to 10 CSR 23-1.050(6); 2. Submit a complete permit testing application and corresponding fee; 3. Pass the applicable restricted (open book) and nonrestricted (closed book) permit test(s) with minimum scores of seventy percent (70%); and 4. Submit a complete permit application and the corresponding fee. (B) Any well installation permit holder may add a pump installation permit without completion of 10 CSR 23-1.050(5)(A). (C) Pump installation permit holders shall complete the apprentice program to add additional permit types. AUTHORITY: sections 256.606, 256.607, 256.611, 256.613, and 256.626, RSMo 2016.* 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. Amended: Filed Sept. 15, 2011, effective April 30, 2012. Amended: Filed June 27, 2018, effective Feb. 28, 2019. ** *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. **Pursuant to Executive Orders 20-04, 20-10, and 20-12, 10 CSR 23-1.050, paragraph (2)(A)3. was suspended from April 8, 2020 through December 30, 2020.