[§174C-84]  Permits for well constructionand pump installation.  (a)  No well construction and no installation ofpumps and pumping equipment shall commence without appropriate permit from thecommission.  An application for a permit for well construction shall berequired for all areas of the State including water management areas and shallbe made by the well driller who will construct the well.  An application for apermit for installation of a pump and pumping equipment shall be made by thepump installation contractor who will install the pump and pumping equipment.

(b)  Every application shall contain such dataprescribed by the commission, including the applicant's name; the applicant'slicense number; the name and address of the person who will control and operatethe well; in water management areas, the water use permit number; the locationof the well; the proposed depth and method of well construction; the size andexpected capacity of the well; and a description of the pump and pumping equipmentto be installed.

(c)  The commission may issue a permit only ifthe proposed construction complies with all applicable laws, rules, andstandards.  Before acting on any application, the commission shall cause theapplication to be reviewed by the department of health for compliance withtheir rules and standards concerning, among other things, the appropriatenessof the well location.

(d)  Every permit shall direct the well drillerand pump installation contractor to file a well completion report, as providedin section 174C-85.  The permit shall be prominently displayed at the site ofthe well at all times until the well construction or the pump and pumpingequipment installation is completed.

(e)  The holder of a permit for wellconstruction, with the approval of the commission, may change the location ofthe well before construction is completed.  An application to change thelocation shall describe the location, the proposed depth and method ofconstruction, and the size and expected capacity of the new well.  It shallalso describe the manner of sealing or plugging the incomplete and abandonedwell.  The commission shall cause all such applications to be reviewed by thedepartment of health for compliance with their rules and standards concerning, amongother things, the appropriateness of the location of the well.  The commissionmay issue an amended permit if it determines that the proposed new welllocation will serve the same use as the original well and draw upon the samesupply of water and will not be contrary to any applicable law, rule, order, orregulation, and that the incomplete and abandoned well will be sealed orplugged in a manner to prevent waste of water and damage to the water supplyand to protect the public from harm.

(f)  Any applicant whose application isrejected may obtain a hearing before the commission by filing within thirtydays of the mailing of the notice of rejection a written petition requestingsuch a hearing.  The hearing shall be conducted pursuant to part I.

(g)  The commission may suspend or revoke apermit, after notice and hearing, on any of the following grounds:

(1)  Material misstatement or misrepresentation in theapplication for a permit;

(2)  Failure to comply with the provisions set forthin the permit;

(3)  Wilful disregard or violation of any provision ofthis part or any rule adopted pursuant thereto; or

(4)  Material change of circumstances or conditionsexisting at the time the permit was issued. [L 1987, c 45, pt of §2]