# Environment (GEN)

## Title 13. Well Drillers

### Subtitle 1. Definitions; General Provisions

#### Section 13-101

(a) In this title the following words have the meanings indicated.

(b) "Board" means the State Board of Well Drillers.

(c) "Geotechnical" refers to that category of well driller license which authorizes the practice of well drilling limited to wells constructed for the purpose of sampling, measuring, or test pumping for scientific, engineering, or regulatory purposes, including wells constructed specifically for the removal of contaminants from an aquifer, but not including water supply test wells.

(d)

  (1) "License" means, unless the context requires otherwise, any license issued by the Board under this title to practice well drilling.

  (2) "License" includes, unless otherwise indicated:

    (i) A well driller license; and

    (ii) A restricted license.

(e) "Person" means:

  (1) The federal government, this State, any county, municipal corporation, or other political subdivision of this State, or any of their units;

  (2) Any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; and

  (3) Any partnership, firm, association, corporation, or other entity.

(f) "Practice well drilling" includes engaging in any of the following activities for profit:

  (1) Making, altering, repairing, or sealing a well; or

  (2) Installing, altering, repairing, or disconnecting well system equipment.

(g) "Restricted license" means any license issued by the Board that authorizes its holder to engage in some, but not all, of the activities which constitute the practice of well drilling.

(h) "Water supply" refers to that category of well driller license which authorizes the practice of well drilling limited to wells constructed for the purpose of obtaining a water supply, including wells constructed for the purpose of installing a heat pump.

(i) "Well" means any hole made in the ground:

  (1) To explore for groundwater;

  (2) To obtain or monitor groundwater;

  (3) To inject water into any underground formation from which groundwater may be produced; or

  (4) To transfer heat to or from the ground or groundwater, if the hole:

    (i) Extends more than 20 feet below the surface of the ground; and

    (ii) Is not a well for obtaining geothermal resources under Sec. 5-601 of this article.

(j) "Well driller license" means any license issued by the Board to engage in all activities that constitute the practice of well drilling, including all activities permitted under any restricted license.

(k)

  (1) "Well system equipment" means any equipment that is necessary to draw or purify water from a well.

  (2) "Well system equipment" includes any casing, grout, screen, water tank, water pump, or water conditioning equipment.

#### Section 13-102

(a) This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article or the Health - General Article.

(b) This title does not limit the right of an individual to install or repair a water pump, a water tank, or water conditioning equipment if the individual is authorized to provide plumbing services as a master plumber in the State.

### Subtitle 2. State Board of Well Drillers

#### Section 13-201

There is a State Board of Well Drillers in the Department.

#### Section 13-202

(a)

  (1) The Board consists of seven members appointed by the Governor with the advice of the Secretary and the advice and consent of the Senate.

  (2) Of the seven Board members:

    (i) One shall be from the Department of the Environment;

    (ii) One shall be from the Department of Natural Resources;

    (iii) One shall be a public member; and

    (iv) Four shall be licensed master well drillers who are actively practicing well drilling at the time of appointment and shall include:

      (1) One from Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico, or Worcester county;

      (2) One from Baltimore City or Baltimore, Carroll, Harford, Howard, or Montgomery county;

      (3) One from Anne Arundel, Calvert, Charles, Prince George's, or St. Mary's county; and

      (4) One from Allegany, Frederick, Garrett, or Washington county.

(b) Before taking office, each appointee to the Board shall take the oath required by Article I, Sec. 9 of the Maryland Constitution.

(c)

  (1) The term of a member is 2 years.

  (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(d) The Governor may remove a member for incompetence or misconduct.

#### Section 13-203

(a) The public member is the chairman of the Board.

(b) Except for the chairman, the manner of election of officers and their terms of office shall be as the Board determines.

#### Section 13-204

(a)

  (1) With the approval of the Secretary, the Board may employ and discharge an executive director.

  (2) The executive director is entitled to compensation in accordance with the State budget.

(b)

  (1) The executive director shall have a broad knowledge of well drilling.

  (2) The executive director shall devote the time that is necessary to fulfill the duties of the office and may not hold any position or engage in another business that interferes or appears to be inconsistent with the position of executive director.

#### Section 13-205

(a) The Board shall determine the times and places of its meetings.

(b) Each member of the Board is entitled to:

  (1) Compensation in accordance with the State budget unless the member otherwise is a public official; and

  (2) Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(c)

  (1) With the approval of the Secretary, the Board may employ a Board secretary and other staff.

  (2) The Board secretary and other staff are entitled to compensation in accordance with the State budget.

#### Section 13-206

(a) In addition to the powers set forth elsewhere in this title, the Board may adopt regulations to carry out the provisions of this title.

(b) In addition to the duties set forth elsewhere in this title, the Board shall:

  (1) Carry out the provisions of this title;

  (2) Review and comment on proposed regulations that relate to well system equipment and the construction of wells that are submitted to it before adoption by the Secretary;

  (3) Collect and account for any funds received under this title;

  (4) Keep a record of:

    (i) Each license that it issues; and

    (ii) Each action it takes under Sec. 13-310 of this title;

  (5) Require any person who practices well drilling to be covered in accordance with its regulations by a reasonable performance bond and reasonable contractor's liability insurance; and

  (6) Have an official seal.

(c) On complaint or on its own motion, the Board may investigate allegations of practicing well drilling without a license.

#### Section 13-207

(a) Subject to subsection (b) of this section, the Board:

  (1) Shall set reasonable fees necessary to carry out its responsibilities under this title; and

  (2) May set fees for the issuance and renewal of licenses according to class of license.

(b) The fees established by the Board under subsection (a) of this section shall be set in a manner that will produce funds sufficient to cover the actual direct and indirect costs of regulating the well drilling industry in accordance with the provisions of this title.

(c) The Board shall pay any fee collected under this title into the General Fund of the State.

### Subtitle 3. Licensing

#### Section 13-301

(a) Except as otherwise provided in this title or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person shall be licensed by the Board before the person may practice well drilling in this State.

(b) A person who has not been licensed by the Board may, after having notified the county board of health, install a temporary dewatering device to facilitate the installation of underground utilities if the device:

  (1) Is installed 30 feet or less below the ground surface;

  (2) Is not located in any trench used for the installation of underground utilities;

  (3) Contains no mechanical pumping equipment below the surface; and

  (4) Is removed no more than 30 days after installation.

(c) A person installing a temporary dewatering device under subsection (b) of this section shall restore the subsurface conditions of the installation area as nearly as possible to the conditions that existed before the installation.

#### Section 13-302

(a) The Board shall adopt rules and regulations for the qualifications of applicants.

(b) Except as otherwise provided in this title, to qualify for a license, an applicant shall meet any reasonable qualifications or requirements that the Board establishes for license applicants.

#### Section 13-303

To apply for a license, an applicant shall:

(1) Submit an application to the Board on the form that the Board requires; and

(2) Pay to the Board an application fee set by the Board.

#### Section 13-304

(a) If the Board requires an examination, an applicant who otherwise qualifies for a license is entitled to be examined for that license as provided in this section.

(b) The Board shall give any examination that it requires to applicants at the times and places that the Board determines.

(c) The Board shall notify each qualified applicant of the time and place of examination.

(d)

  (1) The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.

  (2) The Board may supplement a written examination given under this section with an oral or practical examination.

#### Section 13-305

(a) Subject to the provisions of this section, the Board may make a reciprocal agreement with any other state to waive any examination or fee requirement of this title for an applicant who is licensed to practice well drilling in that state.

(b) An agreement made under this section may allow the Board to grant a waiver only if the applicant provides adequate evidence that the applicant:

  (1) Meets the qualifications or requirements established by the Board under this title; and

  (2) Became licensed in the other state after passing in that or any other state an examination that is similar to any required examination for which the applicant is seeking the waiver.

(c) An agreement may be made under this section only if, under the agreement, the other state waives the examination or fee requirement of licensees of this State to a similar extent as this State waives the examination or fee requirements for individuals licensed in that state.

#### Section 13-306

(a) The Board shall issue an appropriate license to any applicant who:

  (1) Meets the requirements of this title;

  (2) Pays the required fee; and

  (3) Provides evidence of any performance bond and contractor's liability insurance that the Board may require.

(b)

  (1) In accordance with its rules and regulations, the Board shall issue well driller licenses and restricted licenses.

  (2)

    (i) There are 3 categories of well driller licenses:

      (1) Well driller general;

      (2) Well driller-geotechnical; and

      (3) Well driller-water supply.

    (ii) A well driller license may be limited to the drilling of wells for particular purposes.

  (3) There are 3 categories of restricted licenses:

    (i) Water conditioner installer;

    (ii) Water pump installer; and

    (iii) Well rig operator.

(c)

  (1) There is a master class license and a journeyman class license in each category of well driller license.

  (2) There is an apprentice class well driller license which shall serve as:

    (i) The apprentice license for all categories of well driller licenses; and

    (ii) The apprentice license for the well rig operator category of restricted license.

  (3) There is an apprentice class license in the following restricted license categories:

    (i) Water conditioner installer; and

    (ii) Water pump installer.

  (4) The Board shall designate on each license issued the category and, where applicable, the class of the license.

(d) Until July 1, 1993, this title does not prohibit any master well driller licensed by the Board on July 1, 1990 from practicing well drilling while obtaining the education and experience required to be licensed under any one of the 3 categories of well driller licenses in this title.

  (1) The Board may waive the examination requirement of this title for any master well driller licensed by the Board on July 1, 1990 who provides to the Board satisfactory evidence that the licensee has:

    (i) Well driller-geotechnical - installed geotechnical wells during the past 7 years and obtained national certification as a monitoring well driller or completed a 40-hour training program dealing with hazardous waste or monitoring site operations required by the Occupational Safety and Health Administration;

    (ii) Well driller-water supply - installed 20 water supply wells during the past 7 years and acquired 10 of the 20 hours of continuing education required by Sec. 13-308 of this subtitle in water conditioning and water pump technology; or

    (iii) Well driller-general - fulfilled the requirements of subparagraphs (i) and (ii) of this paragraph.

  (2) The Board shall adopt regulations to implement the provisions of this section.

#### Section 13-307

(a) Each class of license authorizes the licensee to practice well drilling under the conditions set by the rules and regulations of the Board for that class of license while the license is effective.

(b) A license does not permit a licensee to make any well for which the following permits have not been obtained from the Department, if required:

  (1) A permit to drill a well under Sec. 9-1306 of this article; or

  (2) A water appropriation or use permit under Sec. 5-502 of this article.

#### Section 13-308

(a) A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.

(b) At least 1 month before the license expires, the Board shall send to the licensee, by first-class mail to the last known address of the licensee, a renewal notice that states:

  (1) The date on which the current license expires;

  (2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

  (3) The amount of the renewal fee.

(c) Before the license expires, the licensee periodically may renew it for an additional 2-year term if the licensee:

  (1) Otherwise is entitled to be licensed;

  (2) Pays to the Board a renewal fee set by the Board; and

  (3) Submits to the Board:

    (i) A renewal application on the form that the Board requires;

    (ii) Satisfactory evidence of compliance with the performance bond and contractor's liability insurance requirements of the Board; and

    (iii) Satisfactory evidence of compliance with any continuing education requirement established under this subtitle for license renewal.

(d)

  (1) Beginning July 1, 1985, within the license renewal period, each licensee shall comply with the continuing education requirements of this section as a precondition for the renewal of that license.

  (2) A licensee shall complete 20 hours of approved continuing education instruction covering well drilling subject matter approved by the Board.

  (3)

    (i) The Board shall approve the substance and form of each continuing education course, if the course is:

      (1) Offered by qualified instructors experienced in the well drilling industry and approved by the Board; or

      (2) Conducted by educational institutions approved by the Board.

    (ii) The licensee is responsible for the cost of any continuing education course.

  (4) The Board may waive the requirements of this subsection if a person can show just cause why that person is not able to meet the requirements.

(e) The Board may not require a licensee who applies for a renewal of the license to take an examination.

(f) The Board shall renew the license of each licensee who meets the requirements of this section.

#### Section 13-309

(a) Subject to the provisions of this section, the Board shall issue a temporary license to an applicant who:

  (1) Demonstrates to the satisfaction of the Board that granting a temporary license to the applicant is in the public interest and does not pose a substantial risk of harm to the public health or welfare or the environment;

  (2) Meets the requirements of Sec.Sec. 13-303 and 13-306 of this subtitle; and

  (3) Passes an examination on applicable Maryland well construction regulations.

(b) While it is effective, a temporary license to practice well drilling authorizes the holder to practice well drilling subject to the same restrictions imposed on the holder of a license of the same category and class.

(c) A temporary license expires at the first to occur of the following:

  (1) When the Board issues or refuses to issue a license under Sec. 13-306 of this subtitle; or

  (2) On the expiration date that the Board designates on the temporary license.

#### Section 13-310

(a) Subject to the hearing provisions of Sec. 13-311 of this subtitle, the Board shall suspend or revoke a license if the licensee:

  (1) Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another;

  (2) Fraudulently or deceptively uses a license; or

  (3) Is guilty of gross negligence, incompetence, or misconduct while practicing well drilling.

(b) Subject to the hearing provisions of Sec. 13-311 of this subtitle, the Board may deny a license to any applicant on any of the grounds specified in subsection (a) of this section.

(c) Subject to the hearing provisions of Sec. 13-311 of this subtitle, the Board may deny a license to any applicant, reprimand a licensee, or suspend or revoke a license if the Board finds that the applicant or licensee:

  (1) Has violated any law, rule, or regulation that applies to practicing well drilling; or

  (2) Has been disciplined by a licensing or disciplinary authority of any other state or county, or been convicted or disciplined by a court of any state or county, for an act that would be grounds for disciplinary actions under this subtitle.

#### Section 13-311

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under Sec. 13-310 of this subtitle or Sec. 13-506 of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The hearing notice shall be served in accordance with Sec. 1-204 of this article at least 30 days before the hearing.

(d) The person may be represented at the hearing by counsel.

(e) The Board may issue subpoenas and administer oaths in connection with any proceeding under this section.

(f) If after due notice the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

#### Section 13-312

Any person aggrieved by a final decision of the Board in a contested case, as defined in Sec. 10-202 of the State Government Article, may take an appeal as allowed in Sec.Sec. 10-222 and 10-223 of the State Government Article.

#### Section 13-313

On the affirmative vote of at least 5 members of the Board, the Board may reinstate a license or reissue a license to any person whose license has been suspended.

### Subtitle 4. Miscellaneous

#### Section 13-401

This title does not affect any authority of a political subdivision of this State or any other unit of this State to adopt or enforce laws, ordinances, rules, or regulations that govern wells or the use of water.

#### Section 13-402

A political subdivision of this State may not require as a condition to practicing well drilling:

(1) Any authorization other than as provided in this title; or

(2) Any additional performance bond or contractor's liability insurance.

#### Section 13-403

(a) At the request of the Board or the Department, the Attorney General shall bring an action for an injunction against any person who violates any provision of this title or any order or permit issued by the Board or the Department under this title.

(b) In any action for an injunction under this section, any finding of the Board after a hearing is prima facie evidence of each fact the Board determines.

(c) On a showing that any person is violating or is about to violate any order or permit issued by the Board or the Department, a court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.

(d) If an emergency exists that creates imminent danger to the public health or welfare or the environment, the Attorney General at the request of the Board or the Department may institute a civil action for an immediate injunction to stop any pollution or other activity that is causing the danger.

#### Section 13-404

The Attorney General shall represent this State in each case that arises under this title, including the recovery of penalties.

### Subtitle 5. Prohibited Acts; Penalties

#### Section 13-501

A person may not practice, attempt to practice, or offer to practice well drilling unless licensed by the Board.

#### Section 13-502

Unless authorized to practice well drilling under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise that the person is authorized to practice well drilling in this State.

#### Section 13-505

(a) A person who violates any provision of this title or of any regulation adopted under this title is guilty of a misdemeanor and on conviction is subject:

  (1) To a fine not exceeding $500 or imprisonment not exceeding 3 months, or both; or

  (2) To a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both, for any subsequent violation of this title that occurs within 2 years of an earlier violation of this title.

(b) Each day that a person practices well drilling without a license constitutes a separate offense.

#### Section 13-506

(a) Instead of or in addition to any other penalties under this title, the Board may impose a civil penalty on a person who violates Sec. 13-501 or Sec. 13-502 of this subtitle in an amount not exceeding $1,000 per day for all violations cited on a single day.

(b) In setting the amount of the civil penalty, the Board shall consider:

  (1) The seriousness of the violation;

  (2) The harm caused by the violation;

  (3) The good faith of the violator;

  (4) History of previous violations by the violator; and

  (5) Other relevant factors.

(c) If a violator fails to pay a civil penalty within 30 days of its imposition by the Board, the matters shall be forwarded to the Central Collection Unit in the Department of Budget and Management for the collection of the civil penalty.

(d) The Board shall pay any penalty collected under this section into the General Fund of the State.

### Subtitle 6. Short Title; Termination of Title

#### Section 13-601

This title may be cited as the "Maryland Well Drillers Act".

#### Section 13-602

Subject to the Program Evaluation Act, the provisions of this title and all rules and regulations adopted under this title creating the State Board of Well Drillers and relating to the regulation of well drillers are of no effect and may not be enforced after July 1, 2031.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)