1. As used in this section:
a. "Examination" means an examination for well contractors which includes, but is not limited to, relevant aspects of Iowa groundwater law, well construction, well maintenance, and well abandonment practices which protect groundwater and water supplies.
b. "Groundwater" means groundwater as defined in section 455E.2.
c. "Water well" or "well" means water well as defined in section 455B.171.
d. "Well contractor" means contractor as defined pursuant to section 455B.171, subsection 10.
e. "Well contractors' council" means the council established in subsection 3.
f. "Well services" means new well construction, well reconstruction, installation of pitless equipment, or well plugging.
2. The department shall establish a well contractor certification program which shall include all of the following provisions:
a. Specification of certification requirements, including minimum work experience levels, successful completion of an examination, and continuing education requirements.
b. A certified well contractor shall be present at the well site and in direct charge of the services whenever well services are provided.
c. A person shall not act as a well contractor on or after July 1, 1993, unless the person is certified by the department pursuant to this section.
d. Violation of the rules regarding well construction, maintenance, or plugging are grounds for suspension or revocation of certification.
e. Provisional certification may be obtained by an applicant in instances of shortages of certified personnel if all of the following conditions are met:
(1) The applicant provides documentation of at least one year of work experience in well services performed under the direct supervision of a certified well contractor.
(2) The applicant successfully completes the examination.
(3) A certified well contractor who employs an applicant for well contractor certification cosigns the application for provisional certification. An employer who cosigns an application for provisional certification is jointly liable for a violation of the rules regarding well construction, maintenance, or plugging by the provisionally certified well contractor and the violation is grounds for the suspension or revocation of certification of the certified well contractor and the provisionally certified well contractor.
f. The department shall develop continuing education requirements for certification of a well contractor in consultation with the well contractors' council.
g. The examination shall be developed by the department in consultation with the well contractors' council. The examination shall be updated as necessary to reflect current groundwater law and well construction, maintenance, and abandonment practices.
h. The department may provide for multiyear certification of well contractors.
3. A well contractors' council is established.
a. The council shall consist of the following members:
(1) One well drilling contractor appointed by the governor and subject to confirmation by the senate.
(2) One pump installation contractor appointed by the governor and subject to confirmation by the senate.
(3) One citizen member of the Iowa groundwater association or its successor, appointed by the governor and subject to confirmation by the senate.
(4) One citizen member of the Iowa environmental health association or its successor, appointed by the governor and subject to confirmation by the senate.
(5) The director of the Iowa department of public health or the director's designee.
(6) The state geologist or the state geologist's designee.
(7) The director of the state hygienic laboratory or the director's designee.
b. Citizen members of the council shall serve two-year terms beginning and ending as provided in section 69.19. A citizen member of the council shall not serve more than two consecutive terms. The council shall be gender balanced, to the extent possible, pursuant to section 69.16A.
c. The well contractors' council shall be dissolved six months after completion of all of the following:
(1) Publication of the consumer information pamphlet.
(2) Adoption of rules by the commission.
(3) Administration of the second certification examination.
4. The department shall develop, in consultation with the well contractors' council, a consumer information pamphlet regarding well construction, well maintenance, well plugging, and Iowa groundwater laws. The department and the council shall review and revise the consumer information pamphlet as necessary. The consumer information pamphlet shall be supplied to well contractors, at cost, and well contractors shall supply one copy at no cost to potential customers prior to initiation of well services.
5. The department shall establish by rule and collect, in consultation with the well contractors' council, the following fees to be used to implement and administer the provisions of this section:
a. An annual certification fee to be paid by certified well contractors. The initial annual certification fee is one hundred fifty dollars. The fee may be increased by rule, as necessary, to reflect the costs of administration of the program. The department may establish a fee for multiyear certification.
b. The department may also charge and collect fees for testing, the provision of continuing education, and other fees related to and based on the actual costs of the well contractor certification program.
6. Rules adopted by the commission shall be developed in consultation with the council. If a majority of the council does not endorse the rules adopted by the commission, notice shall be sent to the administrative rules review committee indicating the council's position.
91 Acts, ch 224, §2
Referred to in § 455B.172
Goals of program; 91 Acts, ch 224, § 1
Confirmation, see § 2.32
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© 2001 Cornell College and League of Women Voters of Iowa
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