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House File 86

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.172, subsection 7, Code 1995, is
  1  2 amended to read as follows:
  1  3    7.  The department is the state agency to regulate the
  1  4 registration or certification of water well contractors
  1  5 pursuant to section 455B.187 or section 455B.190A.
  1  6    Sec. 2.  Section 455B.173, subsection 9, Code 1995, is
  1  7 amended to read as follows:
  1  8    9.  Adopt, modify or repeal rules relating to the
  1  9 construction and reconstruction of water wells, the proper
  1 10 abandonment of wells, and the registration or certification of
  1 11 water well contractors.  The rules shall include those
  1 12 necessary to protect the public health and welfare, and to
  1 13 protect the waters of the state.  The rules may include, but
  1 14 are not limited to, establishing fees for registration or
  1 15 certification of water well contractors, requiring the
  1 16 submission of well driller's logs, formation samples or well
  1 17 cuttings, water samples, information on test pumping and
  1 18 requiring inspections.  Fees shall be based upon the
  1 19 reasonable cost of conducting the water well contractor
  1 20 registration or certification program.
  1 21    Sec. 3.  Section 455B.187, unnumbered paragraph 1, Code
  1 22 1995, is amended to read as follows:
  1 23    A contractor shall not engage in well construction or
  1 24 reconstruction without first registering or being certified as
  1 25 required in department rules.  If a well contractor is
  1 26 registered prior to July 1, 1991, the well contractor shall
  1 27 meet the requirements of certification by July 1, 1993.
  1 28 Following adoption of the rules establishing a well contractor
  1 29 certification program, a person seeking initial well
  1 30 contractor status shall meet the requirements established for
  1 31 certification.  Beginning July 1, 1993, the department shall
  1 32 replace the registration program with the well certification
  1 33 program.  Water wells shall not be constructed, reconstructed,
  1 34 or abandoned by a person except as provided in this part or
  1 35 rules adopted pursuant to this part.  Within thirty days after
  2  1 construction or reconstruction of a well, a contractor shall
  2  2 provide well information required by rule to the department
  2  3 and the Iowa geological survey.
  2  4    Sec. 4.  Section 455B.190, subsection 6, Code 1995, is
  2  5 amended to read as follows:
  2  6    6.  A person who fails to properly plug a well on property
  2  7 the person owns, in accordance with the program established by
  2  8 the department, or as reported by a designated agent or a
  2  9 registered or certified well contractor, is subject to a civil
  2 10 penalty of up to one hundred dollars per every five calendar
  2 11 days that the well remains unplugged or improperly plugged.
  2 12 However, the total civil penalty shall not exceed one thousand
  2 13 dollars.  The penalty shall only be assessed after the one
  2 14 thousand dollar limit is reached.  If the owner plugs the well
  2 15 in compliance with this section, including applicable
  2 16 departmental rules, before the date that the one thousand
  2 17 dollar limit is reached, the civil penalty shall not be
  2 18 assessed.  The penalty shall not be imposed upon a person for
  2 19 improperly plugging a well until the department notifies the
  2 20 person of the improper plugging.  The moneys collected shall
  2 21 be deposited in the financial incentive portion of the
  2 22 agriculture management account.  The department of agriculture
  2 23 and land stewardship may provide by rule for financial
  2 24 incentive moneys, through expenditure of the moneys allocated
  2 25 to the financial-incentive-program portion of the agriculture
  2 26 management account, to reduce a person's cost in properly
  2 27 plugging wells abandoned prior to July 1, 1987.
  2 28    Sec. 5.  Section 455B.190A, Code 1995, is repealed.  
  2 29                           EXPLANATION
  2 30    This bill repeals the well contractor certification program
  2 31 which is administered by the department of natural resources.
  2 32 The bill includes repeal of the well contractors' council.
  2 33 The program required that by July 1, 1993, persons who were
  2 34 well contractors had to be certified by the department.  A
  2 35 well contractor is defined in section 455B.171, subsection 3,
  3  1 to mean any person engaged in the business of well
  3  2 construction or reconstruction or other well services.  Under
  3  3 the program, whenever well services were performed, a
  3  4 certified well contractor was required to be present and in
  3  5 direct charge at the well site.  
  3  6 LSB 1528HH 76
  3  7 js/jj/8
     
Text: HF00085                           Text: HF00087
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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