7 Del. Admin. Code § 7302-5.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7302-5.0 - Licensing Procedures

5.1 Application Fee. All applications shall include the required non-refundable application fee.

5.2 Minimum Requirements

5.2.1 Contractor Liability Insurance Coverage

5.2.1.1 All water well contractors and pump installer contractors shall carry and maintain the following minimum levels of contractor's liability insurance coverage:

Bodily Injury: $100,000 each person

$300,000 each occurrence

Property Damage: $50,000 each occurrence

$50,000 each aggregate

5.2.2.2 Failure to provide evidence of continual insurance coverage shall result in the automatic suspension of the water well contractor or pump installer contractor license. The suspension shall remain in effect until the Department has received proof of insurance or until the license expires. The insurance held by the water well contractor or pump installer contractor shall cover all licensed well drillers, well drivers, pump installers, and others in their employ.

5.2.2 Well Driller

5.2.2.1 Applicants shall be at least eighteen years of age.

5.2.2.2 Applicants shall have at least two years experience in operating well construction equipment, in constructing wells, and in the installation, maintenance, and repair of pumps in and for wells. The Board may recommend granting a license with conditions limiting the scope of the license based on the applicant's experience. Examples of license limitations may include but are not limited to work on geotechnical wells or dewatering wells or to the operation of certain types of equipment.

5.2.2.3 Applicants shall demonstrate professional competence by passing a written or oral examination.

5.2.2.4 Applicants shall only perform work as a well driller when under the employ of a licensed water well contractor.

5.2.3 Well Driver

5.2.3.1 Applicants shall be at least eighteen years of age.

5.2.3.2 Applicants shall have at least two years experience in operating well driving equipment, in constructing wells, and in the installation, maintenance, and repair of pumps in and for wells.

5.2.3.3 Applicants shall demonstrate professional competence by passing a written or oral examination.

5.2.3.4 Applicants shall only perform work as a well driver when under the employ of a licensed water well contractor.

5.2.4 Pump Installer

5.2.4.1 Applicants shall be at least eighteen years of age.

5.2.4.2 Applicants shall have at least one year experience in the installation, maintenance, and repair of pumps in and for wells.

5.2.4.3 Applicants shall demonstrate professional competence by passing a written or oral examination.

5.2.4.4 Applicants shall only perform work as a pump installer when under the employ of a licensed water well contractor or pump installer contractor.]

5.3 Application Procedures

5.3.1 Water well contractor and pump installer contractor license applications shall consist of the following:

5.3.1.1 An application on forms provided by the Department, signed by an officer of the business seeking the license, and bearing the signature and seal or stamp of a notary public.

5.3.1.2 A listing of all past or outstanding civil, administrative, or criminal proceedings instituted against the applicant (including any form of permit suspensions or revocations) for any environmental or regulatory violations over the past five (5) years, regardless of location. Include details of the violation, the proceedings, and the outcome of the proceedings.

5.3.1.3 All appropriate application and license fees.

5.3.1.4 Evidence of current Contractor Liability Insurance coverage meeting the requirements of § 5.2.1 of these regulations.

5.3.2 Well Driller, Well Driver license applications shall consist of the following:

5.3.2.1 Submission of a signed and notarized application on forms provided by the Department.

5.3.2.2 A listing of all past or outstanding civil, administrative, or criminal proceedings instituted against the applicant (including any form of permit suspensions or revocations) for any environmental or regulatory violations over the past five (5) years, regardless of location. Include details of the violation, the proceedings, and the outcome of the proceedings.

5.3.2.3 Submission of the appropriate application fee.

5.3.2.4 Submission of references from two persons who are actively engaged in the well drilling business and who hold current licenses as well drillers or well drivers.

5.3.3 Pump Installer license applications shall consist of the following:

5.3.3.1 Submission of a signed and notarized application on forms provided by the Department.

5.3.3.2 A listing of all past or outstanding civil, administrative, or criminal proceedings instituted against the applicant (including any form of permit suspensions or revocations) for any environmental or regulatory violations over the past five (5) years, regardless of location. Include details of the violation, the proceedings, and the outcome of the proceedings.

5.3.3.3 Submission of the appropriate application fee.

5.3.3.4 Submission of references from two persons who are actively engaged in the well drilling and/or pump installation business and who hold current licenses as well drillers, well drivers, pump installers, or plumbers.

5.4 Application Review. The Board shall review the application and may interview the applicant to determine that the application is in proper form and meets the requirements of these regulations. The applicant shall be notified of their eligibility for examination. Applicants who are determined to be ineligible for examination shall be so notified in writing and may reapply 90 days from the date of notification.

5.5 Examination Notification. The Department shall notify each eligible applicant of the time and place of the examination.

5.6 Examination

5.6.1 The written examination shall be given at least annually and at such other times as the number of applicants warrants. Oral examinations will be scheduled and administered as necessary.

5.6.2 The examination shall consist of a written or oral examination, and shall fairly test the applicant's knowledge and application in the following subjects:

5.6.2.1 Basics of well drilling methods and basics of well construction;

5.6.2.2 State and local laws and ordinances concerning the construction, abandonment, modification and repair of wells and/or the removal, installation or maintenance of pumps and pumping equipment, and

5.6.2.3 The rules and regulations promulgated in connection therein.

5.6.3 Eligibility for examination shall expire 12 months from the date the Board reviews the application.

5.6.4 Applicants who fail to receive a passing grade shall wait at least 90 days before re-taking the examination.

5.7 Reapplication after Failure of Examination. When an applicant fails to receive a passing grade during his or her period of eligibililty, the applicant will be required to re-apply for a license subject to the requirements of § 5.3 of these regulations.

5.8 License Issuance. The applicant shall submit the appropriate license fee upon receipt of notification of receiving a passing score on the examination. Thereafter, the Department shall issue a license.

5.9 License Denial. Any person whose application for a license has been denied shall be notified in writing and provided the reason(s) for the decision. Within thirty (30) days of notification, the person shall notify the Secretary in writing if a public hearing pursuant to7Del.C.§ 6006 is desired. If no hearing request is received within the thirty (30) day period, the decision for denial shall become final.

7 Del. Admin. Code § 7302-5.0