AS
08.18.029. Water Well System and Pump Installation Contractors
(a)
Water Well system Contractor
(1) The Department may not issue a certificate of registration as
a water well system contractor to an applicant unless the applicant
is, or employs, a person currently licensed as a water well
construction administrator under AS 08.58.
(2) Each applicant for a water well system contractor
certificate of registration may employ more than one water well
construction administrator.
(3) If the relationship of the only water well construction
administrator with a registered water well system contractor
terminates, the registration is void 30 days after such termination
unless the water well system contractor has hired a licensed water
well construction administrator in the interim.
(b)
Pump Installation Contractor
(1) The Department may not issue a certificate of registration
as a pump installation contractor to an applicant, unless the
applicant is or employs, a person currently licensed as a pump
installation administrator under AS 08.58.
(2) Each applicant for a pump installation contractor's
certificate of registration may employ more than one pump
installation administrator.
(3) If the relationship of the only pump installation
administrator with a registered pump installation contractor
terminates, the registration is void 30 days after such termination
unless the pump installation contractor has hired a licensed pump
installation administrator in the interim.
(c)
In addition to the requirements of this section, a registered water
well system contractor must satisfy the bonding and insurance
requirements of a general contractor and a registered pump
installation contractor must satisfy the bonding and insurance
requirements of a specialty contractor.
AS
08.18.030 Certificate of Registration; Renewal.
(a)
A certificate of registration shall be renewed under the same
requirements as for an original registration. The commissioner
shall issue to the applicant a certificate of registration upon
compliance with the registration requirements of this chapter.
(b)
The commissioner may not issue a certificate of registration or renew
the registration of an applicant whose registration has been revoked
or suspended or against whom a fine has been imposed under this
chapter until the period of revocation or suspension has expired and
any fine has been paid.
CHAPTER
58. WATER WELL CONSTRUCTION AND PUMP INSTALLATION
ADMINISTRATORS
AS
08.58.005. Purpose of AS 08.58.005-08.58.130
The
purpose of AS 08.58.005 - 08.58.130 is to protect the health and
safety of people in the state from the danger of contaminated potable
water or environmental contamination due to improperly drilled water
wells and/or improperly installed pumps in water wells by providing a
procedure to ensure,
(a)
the public that persons responsible for drilling water wells or installing
pumps in water wells in this State are qualified, and
(b)
a sufficient number of persons are so qualified, and
(c)
those persons are properly insured, bonded, and financially
responsible.
AS
08.58.010. Categories of Licenses
The
Department shall issue licenses for:
(a)
Water well construction administrators and
(b)
Pump installation administrators
AS
08.58.020. Requirements for Licensing
(a)
A person is eligible to receive a license as a water well
construction administrator if he possesses a current valid
certification as both a water well driller (CWD) and a pump installer
(CPI) from the National Ground Water Association.
(b)
A person is eligible to receive a license as a pump installation
administrator if he possesses a current valid certification as a pump
installed (CPI) from the National Ground Water Association.
AS
08.58.030. License Required
(a)
A person may not act as a water well administrator or a pump
installation administrator in the State without a license issued by
the department unless the person is covered by an exclusion under AS
08.58.040.
(b)
A person licensed under AS 08.58.005 - AS 08.58.130 may perform work
only in a category for which the person is licensed.
AS
08.58.040. Exclusions
(a)
AS 08.58.005 - 08.58.130 do no apply to any utility or municipality
engaged in maintenance of a system for the production of potable
water where the work is done on a system owned and operated by that
utility or municipal water department.
(b)
AS 08.58.005 - 08.58.130 do not apply to a person engaged in, the
manufacturing, maintenance, and/or repair of water well drilling
equipment.
(c)
Work within the exclusionary provision of this section is
nevertheless subject to the inspection provision of Section AS
08.58.060.
AS
08.58.050. Application
An
applicant for a license as a water well construction administrator or
a pump installation administrator shall apply upon a form prescribed
by the Department.
AS
08.58.060. Fees
Each
applicant and each licensee shall pay application and renewal fees
established by regulations adopted under AS 08.01.065.
AS
08.58.070. Inspections or Investigation by Department
The
Department may:
(a)
do or assign to others a special investigation into the work of a
licensee as it considers necessary;
(b)
issue subpoenas and process compelling the attendance of any person
and the production of any documents, for the purpose of the
investigation;
(c)
administer oaths, when required, and;
(d)
petition a court of the state to enforce subpoenas and process or to
compel testimony.
AS
08.58.080. Administrator Limited to One Registered Contractor
A
person may not qualify for or operate as a water well construction
administrator and/or a pump installation administrator for more than
on registered contractor.
AS
08.58.090. Responsibility of Administrator
(a)
A person licensed under AS 08.58.005 - 08.58.140 as a water well
construction administrator is responsible for the drilling of a water
well and the installation of a pump system on a water well.
(b)
A person licensed as a pump installation administrator is responsible
for the installation of only a pump system on a water well.
AS
08.58.100. Disciplinary Actions
(a)
The department may take the disciplinary actions set out in (d) of
this section upon finding that
(1) the license application is fraudulent or misleading;
(2) the licensee has knowingly violated AS 08.58.005 -
08.58.140, or lawful order or regulation of the department;
(3) the licensee has demonstrated incompetence, or has engaged
in fraudulent practices.
(4) the licensee has violated a state regulation governing the
construction standards, environmental standards, or health and safety
standards, for the construction of water wells or the installation of
pumps in water wells.
(b)
Notice of a proposed disciplinary action under this section shall be
given in writing, stating the grounds.
(c)
Proceedings for a disciplinary action under this section shall be
governed by AS.44.62 (Administrative Procedure Act).
(d)
The department may take the following disciplinary actions under (a)
of this section, singly or in combination:
(1) refuse to issue a license;
(2) permanently revoke a license;
(3) suspend a license for a specified period;
(4) censure or reprimand a licensee;
(5) impose limitations or conditions on the
professional practice of a licensee;
(6) require a licensee to submit to peer review:
(7) impose requirements for remedial professional
education to correct deficiencies in the education, training, and
skill of the licensee;
(8) impose probation requiring a licensee to report
regularly to the department on matters related to the grounds for
probation.
(e)
The department may withdraw probationary status if the deficiencies
that required the sanction are remedied.
(f)
The department may summarily suspend a license before a final hearing
is held or during an appeal if the department finds that the licensee
poses a clear and immediate danger to the public health and
safety. A person is entitled to a hearing before the department
to appeal the summary suspension within seven days after the order of
suspension is issued. A person may appeal an adverse decision
of the department on an appeal of a summary suspension to a court of
competent jurisdiction.
(g)
The department may reinstate a suspended or revoked license if, after
a hearing, the department finds that the licensee is able to practice
the profession in compliance with all applicable laws, regulations,
and licensing requirements.
(h)
The department may accept the voluntary surrender of a license.
A license may not be returned to the person who surrendered the
license unless the department determines that the person is competent
to resume practice and the person pays the appropriate renewal fee.
(i)
The department shall seek consistency in the application of disciplinary
sanctions.
(j)
The department shall explain a significant departure from prior
decisions involving similar facts in the order imposing the sanction.
AS
08.58.110. Cease and Desist Order; Citation
(a)
If the department determines that a person is acting as a water well
construction administrator or a pump installation administrator in
violation of AS 08.58.005 - 08.58.140, the department may issue a
cease and desist order prohibiting further action by the person as a
water well construction administrator or a pump installation
administrator. The cease and desist order remains in effect
until the person has submitted evidence acceptable to the department
showing that the violation has been corrected.
(b)
A person affected by an order issued under (a) of this section may
seek equitable relief preventing the department from enforcing the
order.
(c)
The department may also issue a citation for violations of this
chapter. The standard to be followed in issuing citations,
shall be set forth in AS 08.18.117, and the citation procedure shall
be as set forth in AS 08.18.118. Each day a violation continues
after a citation for the violation has been issued constitutes a
separate violation.
AS
08.58.120. Injunctive Relief
The
department may seek an injunction in the superior court to enjoin a
person from violating AS 08.58.005 - 08.58.140.
AS
08.58.130. Violation of AS 08.58.005 - 08.58.140
A
person who knowingly violates AS 08.58.005 - 08.58.140, or who knowingly
violates a valid regulation or order of the department that was in
effect at the time that the installation or repair was made, is
guilty of a misdemeanor, and upon conviction is punishable by a fine
of not less than $1,000.00 nor more than $5,000.00.
AS
08.58.140. Definitions
In
AS 08.58.005 - 08.58.130:
(1)
"Department" means the Department of Community and Economic
Development
(2)
"Water well construction administrator" means the person
who is responsible for constructing a water system for the production
of potable water.
(3)
"Pump installation administrator" means the person who is
responsible for the installation of a pump in a water well that is
intended to produce potable water.
(4)
"Potable water" means water that is intended for human
consumption, or for uses that involve the washing or preparation of
food or drink products that are intended for human consumption, or
for the washing of any equipment, dishes, utensils, or other object
that comes in contact with food or drink that is intended for human
consumption.
(5)
"Utility" means every corporation (whether public,
cooperative, or otherwise) company, individual, or association of
individuals, their lessees, trustees, or receivers appointed by a
court, that owns, operates, manages, or controls any plant or system
for furnishing potable water to the public.
|