Applicability

Applicability. A. Any person, or any company, corporation, or other business entity engaging in a business or occupation that involves drilling of water wells or drilling boreholes that may penetrate water bearing strata (including constructing water wells, constructing geo-thermal systems, constructing environmental monitoring wells, conducting geotechnical investigations, conducting seismic exploration, or similar activities) or installing pumps or other equipment in water wells must first obtain the appropriate license or license renewal required pursuant to this regulation. A license is not transferable or assignable, and MDEQ will maintain a current register of licensees. If the applicant is a company, corporation, or other business entity that is not an individual, the application shall include the name of the designated individual who will hold the license for the company. A company will be deemed to be licensed only if it has a designated principal or other key employee who is licensed. The application shall be accompanied by a notarized affidavit signed by the applicant certifying that the individual applicant or the company’s designee has a minimum of three (3) years qualifying experience in the practice for which the license is being sought. B. Exemptions – For the purposes of these regulations, a person who owns or leases property in the state; or who otherwise owns a property interest allowing the drilling of a water well on, and the use of water under, property in the state may drill a water well on that property without having a Water Well Contractor’s license provided: (1) The well will be used only to supply water for domestic use to a single family dwelling which is the owner’s or lessee’s permanent residence; and/or to water livestock on the owner’s or lessee’s farm and/or to supply water for irrigating crops on the owner’s or lessee’s farm (crop irrigation exemption in effect until July 1, 2011 in accordance with MS Code Annotated Section 51-5-1); and (2) The owner or lessee complies with applicable well construction standards contained in this regulation and the applicable regulations promulgated by the Mississippi State Department of Health. C. Either a licensed water well contractor or an employee certified by the licensee in accordance with Rule 2.2.D. of this regulation must be on site and personally supervising operations during all critical stages of the drilling and completion of a potable water well including, but not limited to, collecting sand samples, logging the hole, setting the casing, grouting the well, setting the screen, placing the filter pack, developing and testing the well, and installing the pump. D. Licensed water well contractors who have the capability to conduct simultaneous operations on multiple construction sites within the state may certify the competency of employees who will be in responsible charge of all on-site operations in the absence of the licensee. Within sixty (60) days after the effective date of this regulation, the licensee shall furnish MDEQ a list of the designated employees and a written certification that the listed employees are competent to perform and supervise all critical stages of drilling and completion of potable water wells. The list shall be updated and recertified by the licensee annually and submitted to MDEQ with the annual request for license renewal. E. Neither these regulations, nor any permit issued thereunder, creates or includes any property right in favor of the permittee.