2009 Rhode Island Code
Title 46 - Waters and Navigation
CHAPTER 46-13.2 - Drilling of Drinking Water Wells
§ 46-13.2-4 - Registration for well drilling contractors and pump installers – Suspension or revocation.

SECTION 46-13.2-4

   § 46-13.2-4  Registration for well drilling contractors and pump installers – Suspension or revocation. – (a) Subject to the approval of the board, the director shall establish registration requirements setting forth minimum standards for well drilling contractors and pump installers. The well drilling contractors shall be required to have ability and proficiency in the skill of well drilling demonstrated by experience or training and sufficient financial resources to have and maintain adequate tools and machines for the work. After the publication of these regulations by the director, a person, before engaging in the business of well drilling or pump installing, shall obtain a certificate of registration annually as a well drilling contractor or pump installer. The applicant shall pay a registration fee of two hundred dollars ($200) and an annual renewal registration fee of one hundred dollars ($100). A certificate of registration is not transferable and expires one year after issuance. After the renewal date, a certificate of registration may be renewed only upon application for renewal and payment of a late fee of ten dollars ($10.00) in addition to the regular registration fee. A lost, destroyed, or mutilated certificate may be replaced by a duplicate upon payment of a fee of two dollars ($2.00). One seal shall be issued to each registrant as provided in subsection (b) of this section, and additional seals may be obtained at a fee of two dollars ($2.00) each.

   (b) A well drilling contractor or pump installer shall place in a conspicuous location on both sides of his or her well drilling machine or service rig, his or her registration number in letters not less than two inches (2") high. A seal furnished by the director of the department of environmental management designating the year the certificate of registration was issued or renewed, and the words "Rhode Island registered water well drilling contractor or pump installation contractor" , shall be affixed directly adjacent to the registration number.

   (c) A municipality engaged in well drilling shall be exempt from the registration provisions of this chapter if the drilling is done by regular employees of, and with equipment owned by, the municipality, and the work is on wells intended for use by the municipality.

   (d) This chapter shall not restrict a plumber or electrician from engaging in the trade for which he or she has been licensed.

   (e) (1)  A certificate of registration may be refused, or a certificate of registration duly issued may be suspended or revoked, or the renewal thereof refused by the director on the director's own investigation and motion or upon motion of an interested party or motion of the board if the director has good and sufficient reason to believe or finds that the applicant for or the holder of a certificate has:

   (1) Made a material misstatement in the application for a registration or any application for renewal thereof; or

   (ii) Obtained the registration through willful fraud or misrepresentation; or

   (iii) Demonstrated incompetency to act as a well driller as determined by the director; or

   (iv) Been guilty of failure to comply with the provisions of this chapter or the rules and regulations issued pursuant hereto; or

   (v) Refused to file reports of wells drilled as required by § 46-13.2-5; or

   (vi) Has been found guilty by a court of competent jurisdiction, of any fraud, deceit, gross negligence, incompetence, or misconduct in the industry, operations, or business of well drilling.

   (2) Before any certificate of registration shall be refused, suspended, or revoked, or the renewal thereof refused, the director shall give notice of the intention to do so by registered mail. Upon receipt of the notice, the person affected may, within ten (10) days, request a hearing. No revocation or suspension of a registration shall take place until the hearing is completed unless the director shall find immediate revocation or suspension is necessary to avoid imminent peril to life or property.

   (3) Appeal from the decisions of the director may be taken within thirty (30) days after the decision of the commissioner, to the superior court in accordance with the provisions of § 42-35-15.

   (f) The director shall prepare a roster of all registered well drillers and pump installers and distribute the roster annually to the local building inspector, if there is one, and the town clerk of each town.

   (g) Any well driller or pump installer registered as of July 1, 1987, shall be deemed to be registered under this chapter, but shall comply with the other provisions of this chapter.

   (h) After one year from the date of refusal or revocation of a certificate of registration, an application to register may be made again by the person affected.