| 15 | + | SYNOPSIS: |
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| 16 | + | Under existing law, a water well contractor is |
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| 17 | + | required to be licensed by the Alabama Department of |
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| 18 | + | Environmental Management. |
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| 19 | + | This bill would further provide for an |
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| 20 | + | unrestricted well driller's license and for a |
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| 21 | + | restricted license for the licensing of other persons |
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| 22 | + | engaging in the specialized drilling of wells and |
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| 23 | + | repairing water well pumps. |
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| 24 | + | This bill would increase the fee for licensure |
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| 25 | + | and provide for a two-year licensure period. |
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| 26 | + | This bill would further require continuing |
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| 27 | + | education of licensees. |
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| 28 | + | This bill would authorize the Environmental |
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| 29 | + | Management Commission to adopt rules to implement this |
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| 30 | + | act. |
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| 21 | | - | 22-24-8, and 22-24-11 of the Code of Alabama 1975; to further |
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| 22 | | - | provide for the licensing of water well drillers and other |
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| 23 | | - | drillers doing similar underground drilling; to increase the |
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| 24 | | - | fees for licensure and provide a two-year licensure period; to |
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| 25 | | - | require continuing education of licensees; and to authorize |
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| 26 | | - | the Environmental Management Commission to adopt rules, |
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| 27 | | - | including a fee schedule for the filing of each water well |
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| 28 | | - | completion certification. |
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| 29 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 30 | | - | Section 1. Sections 22-24-1, 22-24-2, 22-24-3, 22-24-4, |
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| 31 | | - | 22-24-5, 22-24-7, 22-24-8, and 22-24-11 of the Code of Alabama |
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| 32 | | - | 1975, are amended to read as follows: |
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| 33 | | - | "§22-24-1 |
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| 34 | | - | For the purpose of this chapter, the following terms |
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| 35 | | - | wordsshall have the following meanings respectively ascribed |
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| 36 | | - | to them by this section : |
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| 37 | | - | (1) BOARD. The Alabama Department of Environmental |
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| 66 | + | Sections 22-24-1, 22-24-2, 22-24-3, 22-24-4, 22-24-5, 22-24-7, |
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| 67 | + | 22-24-8, and 22-24-11 of the Code of Alabama 1975; to further |
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| 68 | + | provide for the licensing of water well drillers and other |
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| 69 | + | drillers doing similar underground drilling; to increase the |
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| 70 | + | fees for licensure and provide a two-year licensure period; to |
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| 71 | + | require continuing education of licensees; and to authorize |
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| 72 | + | the Environmental Management Commission to adopt rules, |
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| 73 | + | including a fee schedule for the filing of each water well |
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| 74 | + | completion certification. |
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| 75 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 76 | + | Section 1. Sections 22-24-1, 22-24-2, 22-24-3, 22-24-4, |
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| 77 | + | 22-24-5, 22-24-7, 22-24-8, and 22-24-11 of the Code of Alabama |
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| 78 | + | 1975, are amended to read as follows: |
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| 79 | + | "§22-24-1 |
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| 80 | + | For the purpose of this chapter, the following terms |
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| 81 | + | wordsshall have the following meanings respectively ascribed |
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| 82 | + | to them by this section : |
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| 67 | 83 | | (1) BOARD. The Alabama Department of Environmental |
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| 68 | 84 | | Management.COMMISSION. The Environmental Management |
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| 69 | 85 | | Commission. |
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| 70 | 86 | | (2) DIRECTOR. The Director of the Alabama Department of |
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| 71 | 87 | | Environmental Management. DEPARTMENT. The Alabama Department of |
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| 72 | 88 | | Environmental Management. |
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| 73 | 89 | | (3) DRILL. To drill or redrill, bore, auger, dig , or |
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| 74 | 90 | | otherwise construct a water well. |
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| 75 | 91 | | (4) DRILLER. Any person who manages or supervises the |
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| 76 | 92 | | drilling of a water well. |
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| 77 | 93 | | (5) LICENSEE. Any person required to be licensed under |
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| 78 | 94 | | this chapter. |
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| 79 | | - | (5)(6) LOG. A record of the type of material or rock |
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| 80 | | - | penetrated in the drilling of a water well. |
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| 81 | | - | (6)(7) PERSON. Any individual, organization, group, |
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| 82 | | - | association, partnership, corporation , or any combination of |
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| 83 | | - | them other business entity operating a business to drill water |
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| 84 | | - | wells. |
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| 85 | | - | (7)(8) SAMPLE. Cuttings or other fragments of rock or |
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| 86 | | - | soil materials removed from the well. |
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| 87 | | - | (8)(9)WATER WELL. A hole drilled for the production of |
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| 88 | | - | water. |
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| 89 | | - | (10) WELL. A hole drilled for a water well or other |
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| 90 | | - | purposes as defined and licensed pursuant to this chapter or |
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| 91 | | - | other activity related to water well construction or |
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| 92 | | - | maintenance, such as pump repair or replacement. " |
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| 93 | | - | "§22-24-2 |
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| 94 | | - | (a) It is the intent of the Legislature that this |
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| 95 | | - | chapter applies solely to wells drilled for the production of |
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| 124 | + | this chapter. |
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| 125 | + | (5)(6) LOG. A record of the type of material or rock |
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| 126 | + | penetrated in the drilling of a water well. |
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| 127 | + | (6)(7) PERSON. Any individual, organization, group, |
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| 128 | + | association, partnership, corporation , or any combination of |
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| 129 | + | them other business entity operating a business to drill water |
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| 130 | + | wells. |
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| 131 | + | (7)(8) SAMPLE. Cuttings or other fragments of rock or |
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| 132 | + | soil materials removed from the well. |
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| 133 | + | (8)(9)WATER WELL. A hole drilled for the production of |
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| 134 | + | water. |
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| 135 | + | (10) WELL. A hole drilled for a water well or other |
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| 136 | + | purposes as defined and licensed pursuant to this chapter or |
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| 137 | + | other activity related to water well construction or |
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| 138 | + | maintenance, such as pump repair or replacement. " |
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| 139 | + | "§22-24-2 |
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| 140 | + | (a) It is the intent of the Legislature that this |
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| 125 | 141 | | chapter applies solely to wells drilled for the production of |
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| 126 | 142 | | water and other underground drilling activity and related |
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| 127 | 143 | | activity as provided in this chapter. |
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| 128 | 144 | | (b) This chapter has no application to wells or holes |
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| 129 | 145 | | drilled, augered, cored , or dug for quarry blast holes or |
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| 130 | 146 | | mineral prospecting or any purpose other than water |
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| 131 | 147 | | production." |
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| 132 | 148 | | "§22-24-3 |
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| 133 | 149 | | (a) The board is authorized and directed to make, |
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| 134 | 150 | | promulgate and publish such commission shall adopt rules and |
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| 135 | 151 | | regulations as it deems reasonable and necessary to effectuate |
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| 136 | 152 | | and carry out the purpose and provisions of this chapter , and |
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| 137 | | - | a true copy of such rules and regulations shall be kept on |
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| 138 | | - | file with the Secretary of State and copies thereof shall be |
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| 139 | | - | made available for public distribution . |
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| 140 | | - | (b) The rules shall be adopted pursuant to the Alabama |
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| 141 | | - | Administrative Procedure Act, Chapter 22 of Title 41. |
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| 142 | | - | Notwithstanding any other provision of law, no additional |
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| 143 | | - | publication or notice shall be required for the adoption of |
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| 144 | | - | rules other than compliance with the Alabama Administrative |
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| 145 | | - | Procedure Act. |
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| 146 | | - | (c) Prior to any rule change being proposed by the |
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| 147 | | - | commission, the department shall consult with the Alabama |
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| 148 | | - | Ground Water Association and other affected parties not less |
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| 149 | | - | than 60 days prior to any rule change being published in the |
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| 150 | | - | Alabama Administrative Monthly. |
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| 151 | | - | (d) The board department shall cause be responsible for |
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| 152 | | - | the enforcement of this chapter and all rules and regulations |
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| 153 | | - | it promulgates to be enforced adopted pursuant to this |
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| 182 | + | and carry out the purpose and provisions of this chapter , and |
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| 183 | + | a true copy of such rules and regulations shall be kept on |
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| 184 | + | file with the Secretary of State and copies thereof shall be |
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| 185 | + | made available for public distribution . |
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| 186 | + | (b) The rules shall be adopted pursuant to the Alabama |
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| 187 | + | Administrative Procedure Act, Chapter 22 of Title 41. |
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| 188 | + | Notwithstanding any other provision of law, no additional |
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| 189 | + | publication or notice shall be required for the adoption of |
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| 190 | + | rules other than compliance with the Alabama Administrative |
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| 191 | + | Procedure Act. |
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| 192 | + | (c) Prior to any rule change being proposed by the |
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| 193 | + | commission, the department shall consult with the Alabama |
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| 194 | + | Ground Water Association and other affected parties not less |
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| 195 | + | than 60 days prior to any rule change being published in the |
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| 196 | + | Alabama Administrative Monthly. |
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| 197 | + | (d) The board department shall cause be responsible for |
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| 198 | + | the enforcement of this chapter and all rules and regulations |
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| 183 | 199 | | it promulgates to be enforced adopted pursuant to this |
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| 184 | 200 | | chapter." |
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| 185 | 201 | | "§22-24-4 |
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| 186 | 202 | | It shall be unlawful for any person to operate any |
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| 187 | 203 | | equipment or machinery in the drilling or repair of a water |
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| 188 | 204 | | well or other well unless the overall operation is, at all |
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| 189 | 205 | | times, under the supervision and management of a licensed |
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| 190 | 206 | | water well driller or licensed person as provided for in this |
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| 191 | 207 | | chapter." |
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| 192 | 208 | | "§22-24-5 |
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| 193 | 209 | | Every person who intends to drill water wells within |
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| 194 | 210 | | the State of Alabama shall annually obtain from the board a |
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| 195 | | - | water well driller's license and, in order to obtain said |
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| 196 | | - | license, shall file with the board, in accordance with rules |
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| 197 | | - | and regulations as established by the board, an application |
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| 198 | | - | form, to be made available by the board. Any person, upon |
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| 199 | | - | filing said application and receiving approval of the board, |
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| 200 | | - | shall pay an annual fee of $200.00 to the board, and the |
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| 201 | | - | payment of said fee shall entitle said person to the full and |
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| 202 | | - | complete privileges of drilling water wells, as provided in |
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| 203 | | - | this chapter, and the board shall issue a license for a period |
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| 204 | | - | not to exceed one year. Said annual fee paid to the board |
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| 205 | | - | shall not exempt a person from additional state or county |
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| 206 | | - | privilege taxes. (a) Any person who manages or supervises the |
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| 207 | | - | drilling of a water well, repairs or installs a well pump, |
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| 208 | | - | constructs or repairs environmental wells, or constructs |
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| 209 | | - | geothermal systems shall be licensed under this chapter. |
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| 210 | | - | (b) The department shall issue two types of licenses |
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| 211 | | - | pursuant to this chapter as follows: |
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| 240 | + | the State of Alabama shall annually obtain from the board a |
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| 241 | + | water well driller's license and, in order to obtain said |
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| 242 | + | license, shall file with the board, in accordance with rules |
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| 243 | + | and regulations as established by the board, an application |
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| 244 | + | form, to be made available by the board. Any person, upon |
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| 245 | + | filing said application and receiving approval of the board, |
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| 246 | + | shall pay an annual fee of $200.00 to the board, and the |
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| 247 | + | payment of said fee shall entitle said person to the full and |
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| 248 | + | complete privileges of drilling water wells, as provided in |
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| 249 | + | this chapter, and the board shall issue a license for a period |
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| 250 | + | not to exceed one year. Said annual fee paid to the board |
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| 251 | + | shall not exempt a person from additional state or county |
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| 252 | + | privilege taxes. (a) Any person who manages or supervises the |
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| 253 | + | drilling of a water well, repairs or installs a well pump, |
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| 254 | + | constructs or repairs environmental wells, or constructs |
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| 255 | + | geothermal systems shall be licensed under this chapter. |
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| 256 | + | (b) The department shall issue two types of licenses |
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| 241 | 257 | | pursuant to this chapter as follows: |
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| 242 | 258 | | (1) An Unrestricted Water Well Driller's License. A |
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| 243 | 259 | | license that authorizes a person holding a Water Well |
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| 244 | 260 | | Driller's License to engage to the full extent as otherwise |
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| 245 | 261 | | authorized by this chapter related to the business of drilling |
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| 246 | 262 | | and constructing water wells; installing and servicing pumps |
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| 247 | 263 | | and related water well equipment, including geothermal systems |
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| 248 | 264 | | and other specialized well or borehole construction; and any |
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| 249 | 265 | | other work involving drilling, grouting, plugging, abandoning, |
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| 250 | 266 | | or decommissioning water wells, other wells, and boreholes; |
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| 251 | 267 | | and any other similar and related activities. |
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| 252 | 268 | | (2) A Restricted License. A specialty driller's or pump |
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| 253 | | - | installer's license restricted to performance of only those |
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| 254 | | - | activities specified in the conditions of the license. |
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| 255 | | - | Restrictions shall be placed on the licenses of any person who |
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| 256 | | - | does either of the following: |
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| 257 | | - | a. Only engages in specialized well construction such |
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| 258 | | - | as drilling or constructing environmental monitoring wells or |
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| 259 | | - | constructing geothermal systems. |
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| 260 | | - | b. Only engages in limited aspects of the water well |
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| 261 | | - | construction business such as pump and well equipment |
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| 262 | | - | installation and service. |
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| 263 | | - | (c) A license may be issued to an individual or to a |
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| 264 | | - | business entity in the name of the business entity. A license |
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| 265 | | - | may be issued to a business entity only if the entity has a |
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| 266 | | - | principal or key employee who is licensed and specifically |
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| 267 | | - | listed on the license. |
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| 268 | | - | (d) All licenses issued by the department shall be |
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| 269 | | - | valid for a two-year license period commencing on October 1, |
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| 298 | + | (2) A Restricted License. A specialty driller's or pump |
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| 299 | + | installer's license restricted to performance of only those |
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| 300 | + | activities specified in the conditions of the license. |
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| 301 | + | Restrictions shall be placed on the licenses of any person who |
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| 302 | + | does either of the following: |
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| 303 | + | a. Only engages in specialized well construction such |
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| 304 | + | as drilling or constructing environmental monitoring wells or |
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| 305 | + | constructing geothermal systems. |
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| 306 | + | b. Only engages in limited aspects of the water well |
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| 307 | + | construction business such as pump and well equipment |
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| 308 | + | installation and service. |
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| 309 | + | (c) A license may be issued to an individual or to a |
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| 310 | + | business entity in the name of the business entity. A license |
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| 311 | + | may be issued to a business entity only if the entity has a |
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| 312 | + | principal or key employee who is licensed and specifically |
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| 313 | + | listed on the license. |
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| 314 | + | (d) All licenses issued by the department shall be |
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| 299 | 315 | | valid for a two-year license period commencing on October 1, |
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| 300 | 316 | | 2025. |
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| 301 | 317 | | (e) The license fees are as follows: |
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| 302 | 318 | | (1) An unrestricted license fee shall be one thousand |
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| 303 | 319 | | dollars ($1,000). |
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| 304 | 320 | | (2) A restricted license fee shall be five hundred |
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| 305 | 321 | | dollars ($500). |
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| 306 | 322 | | (3) A business entity license fee shall be five hundred |
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| 307 | 323 | | dollars ($500). |
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| 308 | 324 | | (f) The license renewal shall be due on October 1 and |
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| 309 | 325 | | shall be delinquent if not paid by December 31 of each renewal |
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| 310 | 326 | | period. Any renewal that is delinquent may be renewed by the |
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| 311 | | - | payment of an additional delinquency fee of twenty dollars |
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| 312 | | - | ($20) per month of delinquency, up to one year. |
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| 313 | | - | (g) Each initial license shall only be granted to an |
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| 314 | | - | individual. The individual shall be subject to examination by |
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| 315 | | - | testing and required to meet all requirements as provided by |
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| 316 | | - | rule of the department. The license fee for a new licensee |
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| 317 | | - | shall be prorated on a monthly basis for the balance of the |
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| 318 | | - | license period. |
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| 319 | | - | (h) Commencing on the renewal of each license for the |
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| 320 | | - | license period beginning on October 1, 2027, each individual |
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| 321 | | - | licensee shall submit proof of completion of continuing |
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| 322 | | - | education approved by the department to renew a license as |
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| 323 | | - | follows: |
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| 324 | | - | (1) For an unrestricted license, proof of completion of |
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| 325 | | - | six hours of continuing education. |
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| 326 | | - | (2) For a restricted license, proof of completion of |
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| 327 | | - | three hours of continuing education. |
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| 356 | + | period. Any renewal that is delinquent may be renewed by the |
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| 357 | + | payment of an additional delinquency fee of twenty dollars |
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| 358 | + | ($20) per month of delinquency, up to one year. |
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| 359 | + | (g) Each initial license shall only be granted to an |
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| 360 | + | individual. The individual shall be subject to examination by |
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| 361 | + | testing and required to meet all requirements as provided by |
|---|
| 362 | + | rule of the department. The license fee for a new licensee |
|---|
| 363 | + | shall be prorated on a monthly basis for the balance of the |
|---|
| 364 | + | license period. |
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| 365 | + | (h) Commencing on the renewal of each license for the |
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| 366 | + | license period beginning on October 1, 2027, each individual |
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| 367 | + | licensee shall submit proof of completion of continuing |
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| 368 | + | education approved by the department to renew a license as |
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| 369 | + | follows: |
|---|
| 370 | + | (1) For an unrestricted license, proof of completion of |
|---|
| 371 | + | six hours of continuing education. |
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| 372 | + | (2) For a restricted license, proof of completion of |
|---|
| 367 | | - | (a) A license may be refused or a license duly issued |
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| 368 | | - | may be suspended or revoked, or the renewal thereof refused by |
|---|
| 369 | | - | the board department, if, after notice and hearing as provided |
|---|
| 370 | | - | in this section, itthe department finds that the applicant |
|---|
| 371 | | - | for, or holder of, such a license: |
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| 372 | | - | (1) Is unable to present evidence of his or her |
|---|
| 373 | | - | qualifications suitable to the board department; |
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| 374 | | - | (2) Has intentionally made a material misstatement in |
|---|
| 375 | | - | the application for such the license; |
|---|
| 376 | | - | (3) Has willfully violated any provision of this |
|---|
| 377 | | - | chapter; |
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| 378 | | - | (4) Has obtained, or attempted to obtain, such the |
|---|
| 379 | | - | license by fraud or misrepresentation; |
|---|
| 380 | | - | (5) Has been guilty of fraudulent or dishonest |
|---|
| 381 | | - | practices; or |
|---|
| 382 | | - | (6) Has demonstrated lack of competence as a driller of |
|---|
| 383 | | - | water wells. |
|---|
| 384 | | - | (b) Before any license shall be is refused, or |
|---|
| 385 | | - | suspended or revoked, or the renewal thereof refused, under |
|---|
| 414 | + | "§22-24-7 |
|---|
| 415 | + | (a) A license may be refused or a license duly issued |
|---|
| 416 | + | may be suspended or revoked, or the renewal thereof refused by |
|---|
| 417 | + | the board department, if, after notice and hearing as provided |
|---|
| 418 | + | in this section, itthe department finds that the applicant |
|---|
| 419 | + | for, or holder of, such a license: |
|---|
| 420 | + | (1) Is unable to present evidence of his or her |
|---|
| 421 | + | qualifications suitable to the board department; |
|---|
| 422 | + | (2) Has intentionally made a material misstatement in |
|---|
| 423 | + | the application for such the license; |
|---|
| 424 | + | (3) Has willfully violated any provision of this |
|---|
| 425 | + | chapter; |
|---|
| 426 | + | (4) Has obtained, or attempted to obtain, such the |
|---|
| 427 | + | license by fraud or misrepresentation; |
|---|
| 428 | + | (5) Has been guilty of fraudulent or dishonest |
|---|
| 429 | + | practices; or |
|---|
| 430 | + | (6) Has demonstrated lack of competence as a driller of |
|---|
| 431 | + | water wells. |
|---|
| 432 | + | (b) Before any license shall be is refused, or |
|---|
| 415 | 433 | | suspended or revoked, or the renewal thereof refused, under |
|---|
| 416 | 434 | | this section, the board department shall give notice of its |
|---|
| 417 | 435 | | intention to do so by registered or certified mail to the |
|---|
| 418 | 436 | | applicant for, or holder of, such the license and shall set a |
|---|
| 419 | 437 | | date not less than 20 days from the date of mailing such the |
|---|
| 420 | 438 | | notice when the applicant or licensee may appear to be heard |
|---|
| 421 | 439 | | and produce evidence. In the conduct of such the hearing, the |
|---|
| 422 | 440 | | board department, or an authorized representative specially |
|---|
| 423 | 441 | | designated by it for such that purpose, shall have power to |
|---|
| 424 | 442 | | administer oaths, to require the appearance of and examine any |
|---|
| 425 | | - | person under oath, and to require the production of books, |
|---|
| 426 | | - | records, or papers relevant to the inquiry upon its own |
|---|
| 427 | | - | initiative or upon the request of the applicant or licensee. |
|---|
| 428 | | - | Upon termination of such the hearing, the findings shall be |
|---|
| 429 | | - | reduced to writing and, upon approval by the board department, |
|---|
| 430 | | - | shall be filed in its office and notice of the findings and |
|---|
| 431 | | - | resulting decision shall be sent by registered or certified |
|---|
| 432 | | - | mail to the applicant or licensee concerned. |
|---|
| 433 | | - | (c) No licensee whose license has been revoked under |
|---|
| 434 | | - | this section shall be entitled to file another application for |
|---|
| 435 | | - | a license as a water well driller or otherwise under this |
|---|
| 436 | | - | chapter within one year from the effective date of such |
|---|
| 437 | | - | revocation or, if judicial review of such the revocation is |
|---|
| 438 | | - | sought, within one year from the date of final court order or |
|---|
| 439 | | - | judgment affirming such the revocation. SuchThe application, |
|---|
| 440 | | - | when filed, may be refused by the board department unless the |
|---|
| 441 | | - | applicant shows good cause why revocation of his the license |
|---|
| 442 | | - | shall not be deemed a bar to the issuance of a new license." |
|---|
| 443 | | - | "§22-24-8 |
|---|
| 472 | + | administer oaths, to require the appearance of and examine any |
|---|
| 473 | + | person under oath, and to require the production of books, |
|---|
| 474 | + | records, or papers relevant to the inquiry upon its own |
|---|
| 475 | + | initiative or upon the request of the applicant or licensee. |
|---|
| 476 | + | Upon termination of such the hearing, the findings shall be |
|---|
| 477 | + | reduced to writing and, upon approval by the board department, |
|---|
| 478 | + | shall be filed in its office and notice of the findings and |
|---|
| 479 | + | resulting decision shall be sent by registered or certified |
|---|
| 480 | + | mail to the applicant or licensee concerned. |
|---|
| 481 | + | (c) No licensee whose license has been revoked under |
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| 482 | + | this section shall be entitled to file another application for |
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| 483 | + | a license as a water well driller or otherwise under this |
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| 484 | + | chapter within one year from the effective date of such |
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| 485 | + | revocation or, if judicial review of such the revocation is |
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| 486 | + | sought, within one year from the date of final court order or |
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| 487 | + | judgment affirming such the revocation. SuchThe application, |
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| 488 | + | when filed, may be refused by the board department unless the |
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| 489 | + | applicant shows good cause why revocation of his the license |
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| 490 | + | shall not be deemed a bar to the issuance of a new license." |
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| 473 | 491 | | "§22-24-8 |
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| 474 | 492 | | It shall be unlawful and a violation of this chapter to |
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| 475 | 493 | | drill a water well within the State of Alabama unless the |
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| 476 | 494 | | following provisions are complied with: |
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| 477 | 495 | | (1)(a) The driller of the water well or other well, or |
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| 478 | 496 | | a business entity performing any activities required to be |
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| 479 | 497 | | licensed under this chapter, shall be licensed as provided in |
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| 480 | 498 | | Section 22-24-5 in order to engage in well-drilling activity |
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| 481 | 499 | | and, in addition, shall comply with all of the following .: |
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| 482 | 500 | | (2)(1) The driller shall, at all times during the |
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| 483 | | - | drilling of a water well or other drilling , keep posted in a |
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| 484 | | - | conspicuous location , at or near the well being drilled or on |
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| 485 | | - | his person, the appropriate license certificate as furnished |
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| 486 | | - | on the drilling equipment an annual sticker issued by the |
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| 487 | | - | board department. |
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| 488 | | - | (3)(2) Before the commencement of the drilling |
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| 489 | | - | operation, the driller shall file an application of intent to |
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| 490 | | - | drill a water well, as directed by the board department. |
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| 491 | | - | (4)(3)The driller of the well, within Within 30 days |
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| 492 | | - | after completion of the drilling of each water well, the |
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| 493 | | - | driller shall deliver to the board department a water well |
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| 494 | | - | completion certification form , upon forms to be supplied by |
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| 495 | | - | the board, a "report of well drilled" . The board department |
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| 496 | | - | shall notify the local health authorities only for potable and |
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| 497 | | - | agricultural wells within seven days of the receipt thereof. |
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| 498 | | - | (5)(4) The driller shall furnish a log and a set of |
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| 499 | | - | samples to the State Geological Survey from wells specifically |
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| 500 | | - | designated by the board department or State Geologist. The |
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| 501 | | - | samples shall be collected during the drilling at intervals of |
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| 530 | + | (2)(1) The driller shall, at all times during the |
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| 531 | + | drilling of a water well or other drilling , keep posted in a |
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| 532 | + | conspicuous location , at or near the well being drilled or on |
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| 533 | + | his person, the appropriate license certificate as furnished |
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| 534 | + | on the drilling equipment an annual sticker issued by the |
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| 535 | + | board department. |
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| 536 | + | (3)(2) Before the commencement of the drilling |
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| 537 | + | operation, the driller shall file an application of intent to |
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| 538 | + | drill a water well, as directed by the board department. |
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| 539 | + | (4)(3)The driller of the well, within Within 30 days |
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| 540 | + | after completion of the drilling of each water well, the |
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| 541 | + | driller shall deliver to the board department a water well |
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| 542 | + | completion certification form , upon forms to be supplied by |
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| 543 | + | the board, a "report of well drilled" . The board department |
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| 544 | + | shall notify the local health authorities only for potable and |
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| 545 | + | agricultural wells within seven days of the receipt thereof. |
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| 546 | + | (5)(4) The driller shall furnish a log and a set of |
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| 547 | + | samples to the State Geological Survey from wells specifically |
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| 548 | + | designated by the board department or State Geologist. The |
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| 531 | 549 | | samples shall be collected during the drilling at intervals of |
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| 532 | 550 | | not more than 10 feet. |
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| 533 | 551 | | (b) The commission by rule may adopt a fee schedule for |
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| 534 | 552 | | fees due on the filing of a water well completion |
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| 535 | 553 | | certification. The fee schedule may not exceed one thousand |
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| 536 | 554 | | dollars ($1,000) set by rule based on whether a well is used |
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| 537 | 555 | | for an industrial, commercial, or domestic purpose or other |
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| 538 | 556 | | criteria as provided by rule. The fee for a single-family |
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| 539 | 557 | | residence or duplex may not exceed two hundred fifty dollars |
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| 540 | 558 | | ($250). The fees may be paid electronically. All fees shall be |
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| 541 | | - | deposited in the Environmental Management Fund earmarked for |
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| 542 | | - | the administration of this chapter and shall not revert to the |
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| 543 | | - | State General Fund at the end of each fiscal year. " |
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| 544 | | - | "§22-24-11 |
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| 545 | | - | Any person guilty of violating any of the provisions of |
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| 546 | | - | failing to comply with this chapter or violating any rule |
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| 547 | | - | adopted pursuant to this chapter or the rules and regulations |
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| 548 | | - | adopted thereunder shall be guilty of a misdemeanor and may be |
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| 549 | | - | punished by a fine of not less than $100.00 nor more than |
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| 550 | | - | $500.00 for each violation. Each day the violation continues |
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| 551 | | - | shall be considered a separate violation. Any and all funds |
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| 552 | | - | derived from such fines shall be deposited with the State |
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| 553 | | - | Treasurer in the Alabama Department of Environmental |
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| 554 | | - | Management Fund is subject to Section 22-22A-5 of the |
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| 555 | | - | Environmental Management Act ." |
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| 556 | | - | Section 2. All rules of the Department of Environmental |
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| 557 | | - | Management in Division 335-9 of the Alabama Administrative |
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| 558 | | - | Code shall continue as rules of the Environmental Management |
|---|
| 559 | | - | Commission until amended or repealed. |
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| 588 | + | ($250). The fees may be paid electronically. All fees shall be |
|---|
| 589 | + | deposited in the Environmental Management Fund earmarked for |
|---|
| 590 | + | the administration of this chapter and shall not revert to the |
|---|
| 591 | + | State General Fund at the end of each fiscal year. " |
|---|
| 592 | + | "§22-24-11 |
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| 593 | + | Any person guilty of violating any of the provisions of |
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| 594 | + | failing to comply with this chapter or violating any rule |
|---|
| 595 | + | adopted pursuant to this chapter or the rules and regulations |
|---|
| 596 | + | adopted thereunder shall be guilty of a misdemeanor and may be |
|---|
| 597 | + | punished by a fine of not less than $100.00 nor more than |
|---|
| 598 | + | $500.00 for each violation. Each day the violation continues |
|---|
| 599 | + | shall be considered a separate violation. Any and all funds |
|---|
| 600 | + | derived from such fines shall be deposited with the State |
|---|
| 601 | + | Treasurer in the Alabama Department of Environmental |
|---|
| 602 | + | Management Fund is subject to Section 22-22A-5 of the |
|---|
| 603 | + | Environmental Management Act ." |
|---|
| 604 | + | Section 2. All rules of the Department of Environmental |
|---|
| 605 | + | Management in Division 335-9 of the Alabama Administrative |
|---|
| 606 | + | Code shall continue as rules of the Environmental Management |
|---|