The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 107: Well Drillers

• § 5601. Definitions

  As used in this chapter:

  (1) “Department” means the Department of Environmental Conservation.

  (2) “Director” means the Director of the Office of Professional Regulation.

  (3) “Office” means the Office of Professional Regulation.

  (4) “Qualifying individual” means an individual holding a well-driller license issued in accordance with this chapter who is designated to oversee and be responsible for the well drilling operations of a business, governmental entity, or other entity engaged in performing an activity established under subdivision 5601(6) of this chapter.

  (5) “Well” means any hole deeper than 20 feet drilled, driven, or bored into the earth to locate, monitor, extract, or recharge groundwater or any hole deeper than 20 feet drilled, driven, or bored for the primary purpose of transferring heat to or from the earth’s subsurface.

  (6) “Well driller” refers to a person engaged in the business of performing activities within one or both of the following classes:

  (A) Water well driller. This class shall consist of any person engaged in the business of constructing wells for the purpose of locating, extracting, or recharging groundwater or for the purpose of transferring heat to or from the earth’s subsurface.

  (B) Monitoring well driller. This class shall consist of any person engaged in the business of constructing, servicing, or closing wells drilled for the purpose of monitoring groundwater quantity or quality. (Added 2021, No. 69, § 10, eff. June 8, 2021.)

• § 5602. Application

  (a) Any person who intends to engage in the business of performing the activities in the classes established under subdivision 5601(6) of this chapter in the State shall hold a well driller license. The person shall apply for a license with the Office, comply with and provide the information required by rules adopted by the Director, and pay the application fee set forth in 3 V.S.A. § 125.

  (b) A business, governmental entity, or other entity engaged in the business of performing any of the activities set forth in the well drilling classes established under subdivision 5601(6) of this chapter shall be owned by, employ, or contract with at least one qualifying individual.

  (c) Qualifying individuals shall meet the qualifications established in rules adopted in accordance with this chapter. A qualifying individual shall own or be employed by only one business, governmental entity, or other entity but may contract with more than one business, governmental entity, or other entity to provide well-driller services. (Added 2021, No. 69, § 10, eff. June 8, 2021.)

• § 5603. Prohibitions; penalties

  (a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:

  (1) practice, or to permit a person to practice, as a well driller without a current license or other authorization to practice as a well driller under Vermont law;

  (2) practice, or to permit a person to practice, a class of well driller activities, as those classes are established in subdivision 5601(6) of this chapter, without a current license or other authorization to practice the class of well driller activities under Vermont law; or

  (3) represent oneself as being licensed or otherwise authorized by this State to practice as a well driller or use in connection with a name any words, letters, signs, or figures that imply that a person is a well driller or able to practice as a well driller when not licensed or otherwise authorized to do so.

  (b) A person who violates this section shall be subject to the penalties in 3 V.S.A. § 127. (Added 2021, No. 69, § 10, eff. June 8, 2021.)

• § 5604. Exemptions

  (a) Employees of a business, governmental entity, or other entity that is owned by, employs, or contracts with a licensed qualifying individual are not required to obtain a well-driller license to perform the activities set forth in subdivision 5601(6) of this chapter.

  (b) A person is not required to obtain a well-driller license to perform the following activities:

  (1) exploratory excavations analyzing foundation conditions related to construction;

  (2) constructing wells for the temporary de-watering of construction sites, blasting, soil vapor extraction, air sparging, grounding rod installation, or other practices identified by the Commissioner;

  (3) pump installation and pump servicing; and

  (4) well development, cleaning, and rehabilitation. (Added 2021, No. 69, § 10, eff. June 8, 2021.)

• § 5605. Duties of the Director

  The Director shall:

  (1) provide general information to applicants for licensure as well drillers;

  (2) receive applications for licensure; grant and renew licenses in accordance with this chapter; and deny, revoke, suspend, reinstate, or condition licenses as directed by an administrative law officer;

  (3) after consultation with the Department, administer or approve examinations and training programs;

  (4) explain appeal procedures to well-driller licensees and applicants and complaint procedures to the public;

  (5) administer fees collected in accordance with this chapter and 3 V.S.A. § 125;

  (6) refer all disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j); and

  (7) with advice of the advisor appointees and in collaboration with the Department, adopt or amend rules necessary to implement the provisions of this chapter. (Added 2021, No. 69, § 10, eff. June 8, 2021.)

• § 5606. Advisor appointees

  (a) The Secretary of State shall appoint three persons to be advisors to the Director, two of whom shall be well drillers and one of whom shall be a representative of the Agency of Natural Resources. Advisors shall be appointed to five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters related to the administration of this chapter. Two of the initial appointments shall be for a term of fewer than five years.

  (b) A well driller advisor appointee shall have not fewer than three years’ experience as a well driller immediately preceding appointment, shall be licensed as a well driller in Vermont during incumbency, and shall be actively engaged in the practice as a well driller during incumbency.

  (c) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. (Added 2021, No. 69, § 10, eff. June 8, 2021.)

• § 5607. Eligibility for licensure

  (a) Eligibility. To be eligible for licensure as a well driller, an applicant shall:

  (1) not be in violation of any provisions of this chapter or rules adopted in accordance with the provisions of this chapter; and

  (2) demonstrate the education, training, experience, and examination performance as the Director may, by rule, require to hold a license as a well driller.

  (b) Classes. The Director shall specify on a license the class or classes of well-driller activities, as those classes are defined in subdivision 5601(6) of this chapter, a licensee is authorized to practice. A licensee may be authorized to perform more than one class of activities under a single license.

  (c) The Director, after consultation with advisor appointees and the Department, shall, by rule, establish appropriate application, testing, and renewal procedures for each class of activity under a license. (Added 2021, No. 69, § 10, eff. June 8, 2021.)

• § 5608. Records and reports

  (a) Each licensee shall keep accurate records and file a report with the Department and the owner of each water well constructed by the licensee that includes the name of the owner; the well and property location; well depth; character of rocks, earth formations, and fluids encountered; and other reasonable and appropriate information the Department may require. Required information shall be set forth in rules established by the Director in collaboration with the Department.

  (b) The reports required to be filed under subsection (a) of this section shall be on forms provided by the Department and submitted in accordance with rules adopted under this chapter, which shall include the following requirements:

  (1) Each licensee classified as a water well driller shall submit a well completion report within 90 days after completing the construction of a water well.

  (2) Each licensee classified as a monitoring well driller shall submit a monitoring well completion or closure report or Department-approved equivalent within 90 days after completing the construction or closure of a monitoring well. Reporting on the construction of a monitoring well shall be limited to information obtained at the time of construction and need not include the work products of others. The filing of a monitoring well completion or closure report shall be delayed for one or more six-month periods from the date of construction upon the filing of a request form provided by the Department that is signed by both the licensee and well owner.

  (c) No report shall be required to be filed with the Department if the well is hand driven or is dug by use of a hand auger or other manual means.

  (d) A licensee drilling or developing a new water well for use as a potable water supply, as that term is defined in 10 V.S.A. § 1972(6), shall provide to the owner of the property to be served by the groundwater source informational materials developed by the Department of Health regarding:

  (1) the potential health effects of the consumption of contaminated groundwater; and

  (2) recommended tests to detect specific contaminants, such as arsenic, lead, uranium, gross alpha radiation, total coliform bacteria, total nitrate, or nitrite, fluoride, and manganese. (Added 2021, No. 69, § 10, eff. June 8, 2021.)

• § 5609. License renewal

  A license shall be renewed every two years upon application, payment of the required fee in accordance with 3 V.S.A. § 125, and proof of compliance with such continuing education or periodic reexamination requirements established in the rules adopted in accordance with this chapter. The fee shall be paid biennially upon renewal. (Added 2021, No. 69, § 10, eff. June 8, 2021.)

• § 5610. Unprofessional conduct

  Unprofessional conduct means misusing a title in professional activity and any of the conduct listed in 3 V.S.A. § 129a. (Added 2021, No. 69, § 10, eff. June 8, 2021.)