# COMAR Title 26 — Department of the Environment

## Subtitle 05 — Board of Well Drillers

### Chapter 01 — General Regulations

**Authority:** Environment Article, §13-101 et seq., Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.12 effective March 19, 1975 (2:6 Md. R. 434)

**Administrative History:** Regulation .01B—D amended effective June 11, 1975 (2:13 Md. R. 929)

**Administrative History:** Regulation .08 adopted effective June 11, 1975 (2:13 Md. R. 929) (Original Regulations .08—.12 renumbered as .09—.13)

**Administrative History:** Regulation .10G adopted effective June 11, 1975 (2:13 Md. R. 929)

**Administrative History:** Annotation: This chapter was transferred from COMAR 08.12.01 pursuant to Executive Order 01.01.1980.04, effective July 1, 1980 (7:13 Md. R. 1277)

**Administrative History:** Chapter repealed effective December 20, 1982 (9:25 Md. R. 2485)

**Administrative History:** Regulations .01—.21 adopted effective December 20, 1982 (9:25 Md. R. 2485)

**Administrative History:** Regulations .01C-1 and .10-1 adopted, and .02A and .10B amended effective June 6, 1983 (10:11 Md. R. 975)

**Administrative History:** Regulation .01C-1—U recodified to .01D—V

**Administrative History:** Regulation .10A amended effective March 10, 1986 (13:5 Md. R. 546)

**Administrative History:** Regulations .10C-1—.21 recodified to .11—.22

**Administrative History:** Regulation .12 adopted effective March 10, 1986 (13:5 Md. R. 546)

**Administrative History:** Chapter recodified from COMAR 10.49.01 to COMAR 26.05.01

**Administrative History:** Regulations .01—.22 repealed effective December 24, 1990 (17:25 Md. R. 2910)

**Administrative History:** Regulations .01—.10 adopted effective December 24, 1990 (17:25 Md. R. 2910)

#### Regulation .01 Definitions.

*COMAR 26.05.01.01*

A. For the purpose of this subtitle, the following definitions apply.

B. Terms Defined.

  (1) “Apprentice” means a person licensed by the Board to work under the direction and control of a principal licensee for the specific purpose of training to practice well drilling.

  (2) “Approved training” means courses of study or programs of instruction in the practice of well drilling and related subjects that are approved by the Board in accordance with the requirements of this subtitle.

  (3) “Board” means the State Board of Well Drillers.

  (4) “Clock hour” or “credit hour” means the amount of time, usually 1 hour per 50 minutes of instruction, that is accredited by the Board or the institution sponsoring the approved training.

  (5) “General” means that category of well driller license which authorizes the practice of well drilling in all categories of the well driller license.

  (6) “Geotechnical” means 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 excluding water supply test wells.

  (7) “Gross negligence” means an action or inaction by a licensee or an applicant for a license that is significantly deficient from the action or inaction expected by the profession or that category of the profession in the same circumstances. Gross negligence is determined by the Board on a case-by-case basis.

  (8) “Helper” means a person who assists a licensee, but does not practice well drilling.

  (9) “Inactive status” means the status assigned to a license by the Board to indicate that the licensee may not practice well drilling until the licensee has met the requirements of COMAR 26.05.02.06D(2).

  (10) “Incompetency” means an action or inaction by a licensee or an applicant for a license which demonstrates a general lack of knowledge or ability to practice well drilling in the class and category for which the person is licensed. Incompetency is determined by the Board on a case-by-case basis.

  (11) “Journeyman well driller” means a person licensed by the Board to practice well drilling in a particular category under the general supervision of a master well driller of the same category or of the general category.

  (12) “License” means, unless the context requires otherwise, a license issued by the Board under this subtitle to practice well drilling.

  (13) “Licensee” means a person licensed by the Board under this subtitle.

  (14) “License renewal period” means the 24-month period immediately preceding the June 1 expiration date of the license.

  (15) “Master well driller” means a person licensed by the Board to practice well drilling, without restriction, in a particular category.

  (16) “Misconduct” means a willful or intentional action or inaction by a licensee or an applicant for a license that is deficient from the action or inaction expected by the profession or that category of the profession under the same circumstances. Misconduct is determined by the Board on a case-by-case basis.

  (17) “Practice well drilling” includes engaging in any of the following activities for profit:

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

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

  (18) “Principal licensee” means a person licensed by the Board as a master well driller, water conditioner installer, or pump installer.

  (19) “Pump”, “water pump”, or “pumping equipment” means equipment or related materials used to withdraw or otherwise obtain water from a well.

  (20) “Repair” means on-site work on an existing well involving redrilling, deepening, changing casing and screen depths, rescreening, chemical cleaning, redeveloping, removing and reinstalling pumps, repairing well system equipment, and related work.

  (21) “Selection” means the actual selection of well system equipment to be installed in or at a particular well.

  (22) “Water conditioner installer” means a person licensed by the Board to practice well drilling, restricted to the selection, installation, and repair of water conditioning equipment.

  (23) “Water conditioning equipment” means equipment or related materials used to change the chemical, physical, or bacteriological characteristics of water obtained from a well.

  (24) “Water pump installer” means a person licensed by the Board to practice well drilling, restricted to the selection, installation, and repair of pumps and related equipment, and the testing for well yield.

  (25) “Water supply” means 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 drilled for the purpose of installing a heat pump.

  (26) “Well” means a hole made in the ground to:

    (a) Explore for ground water;

    (b) Obtain or monitor ground water;

    (c) Inject water into any underground formation from which water may be produced; or

    (d) Transfer heat to or from the ground or ground water, 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 Natural Resources Article, §8-8A-01, Annotated Code of Maryland.

  (27) “Well rig operator” means a person licensed by the Board to practice well drilling, restricted to the location and excavation of wells, installation of casing, grout, screens, pumps, and development and testing of wells.

  (28) “Well system equipment” means equipment that is necessary to draw or purify water from a well, including casing, grout, screen, water tank, water pump, or water conditioning equipment.

#### Regulation .02 Prohibitions.

*COMAR 26.05.01.02*

A. Except as provided in §B of this regulation, a person may not practice well drilling or represent to the public that the person is authorized to practice well drilling in this State unless that person is licensed by the Board.

B. Exceptions.

  (1) An individual authorized to provide plumbing services as a master plumber in the State may install or repair a water pump, a water tank, or water conditioning equipment without a license from the Board.

  (2) An individual employed by an agency of the federal government or this State may practice well drilling while performing the duties of that employment.

#### Regulation .03 Licensure.

*COMAR 26.05.01.03*

A. An applicant shall be licensed by the Board if the applicant:

  (1) Files an application for a license on the form required by the Board;

  (2) Qualifies for examination for the license sought as provided in Regulation .04, below;

  (3) Has received a passing score or a waiver on the required examination;

  (4) Provides the Board, when applicable, with acceptable evidence that the bonding and liability insurance requirements of COMAR 26.05.02.05 have been or will be satisfied; and

  (5) Pays the required license fee.

B. An applicant who has satisfied all of the requirements of §A of this regulation shall be newly licensed by the Board in the general category of the same class well driller license, if the applicant is licensed in the:

  (1) Geotechnical category of the journeyman or master class well driller license and has passed the examination for the water supply category; or

  (2) Water supply category of the journeyman or master class well driller license and has passed the examination for the geotechnical category.

#### Regulation .04 Qualification for Examination.

*COMAR 26.05.01.04*

A. Experience Required for Initial Licenses. Before an applicant may be examined in a particular class and category of license, the applicant shall have acquired the experience in Column A of this regulation. If the applicant has practiced well drilling in accordance with all laws and regulations in a state that does not have comparable license classes or categories, the applicant shall have acquired the experience listed in Column B of this regulation as established to the satisfaction of the Board.

B. In addition to satisfying the experience requirements of §A, of this regulation, an applicant for licensure in the general or geotechnical category of the journeyman or master class well driller license shall provide to the Board acceptable proof of valid individual certification for hazardous waste or monitoring site operations required by the Occupational Safety and Health Administration.

C. At the discretion of the Board, specific education in hydrogeology, well technology, water pump technology, or water conditioning technology, as appropriate for the class or category, or both, of license applied for, may be substituted for up to 2 years experience.

D. Unlicensed experience in violation of the requirements of the laws or regulations, or both, of any state does not qualify as experience for an examination.

#### Regulation .05 Apprentices and Well Rig Operators — Additional Requirements.

*COMAR 26.05.01.05*

A. An applicant for an apprentice license shall have a sponsor who is licensed by the Board and who meets the qualifications set forth in §B of this regulation.

B. The sponsor of an applicant for an apprenticeship shall:

  (1) Be licensed as a principal licensee in a category of license, the scope of which equals or exceeds that of the apprentice license sought;

  (2) Be actively engaged in the practice of well drilling;

  (3) Agree to supervise the apprentice throughout the term of the apprenticeship;

  (4) Either employ the apprentice that he or she sponsors or work with the apprentice for a common employer; and

  (5) Submit progress reports on a form provided by the Board upon request, but not less frequency than semiannually.

C. Age Requirements. An applicant for an apprentice license shall be at least 18 years old, except for applicants who are 16 or 17 years old and who are:

  (1) Registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor;

  (2) Registered by the Maryland Apprenticeship and Training Council, Division of Labor and Industry; or

  (3) Employed under a written apprenticeship agreement that has been determined by the U.S. Secretary of Labor and the Maryland Division of Labor and Industry to conform substantially with the federal and State standards.

D. Term of Apprenticeship.

  (1) The maximum term of apprenticeship is 60 months or 10,000 hours of on-the-job training.

  (2) Failure to qualify and become licensed in a license class other than the apprentice class within 6 months after completion of the 5-year term results in:

    (a) For an apprentice pump installer or apprentice water conditioner installer, automatic expiration of the apprentice license; or

    (b) For an apprentice well driller, automatic conversion of the apprentice license to a well rig operator license.

E. Extension of Term. For good cause shown, the Board may extend the term of apprenticeship for up to 6 months or 1,000 hours. An apprentice who wishes to apply for an extension shall do so at least 1 month before the termination of apprenticeship, on a form provided by the Board for that purpose.

F. Loss of sponsorship results in automatic termination of the apprentice license. The Board may, however, approve the transfer of sponsorship to another principal licensee acceptable to the Board.

G. Conditions on Apprentices and Well Rig Operators.

  (1) Except as provided in §G(2), of this regulation, an apprentice or well rig operator may practice well drilling only under the general supervision and responsibility of a principal licensee.

  (2) An apprentice or well rig operator may perform, under the responsibility of a principal licensee, all operations within the scope of the license issued to the apprentice or well rig operator if he or she can maintain contact with the principal licensee by on-site telephone, two-way radio, or radiotelephone.

  (3) As part of the apprenticeship, the Board may require an apprentice to complete certain tasks that are necessary for an apprentice of that category, and may observe the completion of those tasks.

#### Regulation .06 Duration of Licenses.

*COMAR 26.05.01.06*

Except for temporary licenses, all licenses issued by the Board expire on June 1 of each odd-numbered year. Temporary licenses expire as shown on the license. Any change of name, address, or employment from that which appears on the current license of any licensee shall be reported to the Board, in writing, within 30 days of the change, Otherwise the license is void.

#### Regulation .07 Recategorization of Well Driller Licenses.

*COMAR 26.05.01.07*

A. Master Well Drillers.

  (1) A master well driller licensed by the Board on July 1, 1990, may not practice well drilling after June 30, 1993, unless he or she has obtained a new master class license in one of the three categories of well driller licenses.

  (2) The Board may waive any examination requirement under this subtitle for any master well driller licensed by the Board on July 1, 1990 who seeks to obtain a new master class license in one of the three categories of well driller licenses, and who provides to the Board satisfactory evidence that he or she has:

    (a) For the geotechnical category, 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;

    (b) For the water supply category, installed 20 water supply wells during the past 7 years and acquired 10 of 20 hours of continuing education required under COMAR 26.05.03 in water conditioning and water pump technology; or

    (c) For the general category, fulfilled the requirements of §A(2)(a) and (b), of this regulation.

B. Journeyman Well Drillers.

  (1) A journeyman well driller licensed by the Board on July 1, 1990, may not practice well drilling after June 30, 1991, unless he or she has obtained a new journeyman or master class license in one of the three categories of well driller licenses.

  (2) Until July 1, 1991, the Board may waive any examination requirement under this subtitle for any journeyman well driller licensed by the Board on July 1, 1990 who seeks to obtain a new journeyman class license in one of the three categories of well driller licenses, and who provides to the Board satisfactory evidence that he or she has:

    (a) For the geotechnical category, 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;

    (b) For the water supply category, installed 20 water supply wells during the past 7 years and acquired 10 of 20 hours of continuing education required under COMAR 26.05.03 in water conditioning and water pump technology; or

    (c) For the general category, fulfilled the requirements of §B(2)(a) and (b), of this regulation.

C. Apprentice Well Drillers. A person licensed by the Board on July 1, 1990 as an:

  (1) Apprentice class A well driller shall automatically be issued a new apprentice class well driller license;

  (2) Apprentice class B well driller may not practice well drilling after June 30, 1991, unless he or she has obtained a new apprentice class license under this subtitle.

#### Regulation .08 Identification of Licensee.

*COMAR 26.05.01.08*

The Board will provide each licensee with a card that identifies the licensee, the class or category of license, or both, and license number. The licensee shall possess a valid and current card whenever practicing well drilling, and shall exhibit it on demand to authorized officials.

#### Regulation .09 Certain Permits Also Necessary.

*COMAR 26.05.01.09*

A. It is the responsibility of all persons authorized by the Board to practice well drilling to ensure that all required permits and certifications are valid and exist before and during all work performed to construct or modify a well.

B. A license under this chapter does not authorize a licensee to construct any well for which the following permits have not been obtained, if required:

  (1) A permit to drill a well from the Department of the Environment under Environment Article, §9-1306, Annotated Code of Maryland, and COMAR 26.04.04; and

  (2) A water appropriation or use permit from the Department of Natural Resources under Natural Resources Article, §8-802, Annotated Code of Maryland, and COMAR 08.05.02.

#### Regulation .10 Requirement for Show Rooms, Offices, Shops, Vehicles, and Equipment.

*COMAR 26.05.01.10*

A. Each person who represents himself or herself to the public as a person authorized to practice well drilling by advertising, telephone directory listing, business card, stationery, or any other exhibit, shall display the license in a conspicuous place at the licensee's principal place of business.

B. A well drilling rig or service vehicle used in the practice of well drilling by a company that employs one or more licensees shall be marked to display the name of the company, business location, and license number of the principal licensee. Weatherproof decals or magnetic signs meeting these requirements are acceptable, subject to the provisions of §C, of this regulation.

C. The markings in §B, of this regulation, shall be legible and plainly visible on each side of the vehicle or equipment. Letters and numerals shall be at least 1-1/2 inches high and in a color that contrasts with the vehicle or equipment.