act-1955-0-610•Pennsylvania Act 1955-610 — WATER WELL DRILLERS LICENSE ACT
Pennsylvania Act 1955-610 — WATER WELL DRILLERS LICENSE ACT
act-1955-0-6101955 Pa. Act 610Law
Act text
WATER WELL DRILLERS LICENSE ACT
Act of May 29, (1956) 1955, P.L. 1840, No. 610 Cl. 32
AN ACT
Defining and providing for the licensing of water well drillers;
prevention of pollution of underground waters; conferring
powers and imposing duties on the Bureau of Topographic and
Geologic Survey; and prescribing penalties and fees. (Title
amended June 22, 1970, P.L.388, No.123)
Compiler's Note: Section 305(b) of Act 18 of 1995, which
created the Department of Conservation and Natural
Resources and renamed the Department of Environmental
Resources as the Department of Environmental Protection,
provided that the Department of Conservation and Natural
Resources shall exercise and is vested with the powers
and duties established by Act 610 of 1955.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Whereas, underground water in the Commonwealth of
Pennsylvania is a renewable natural resource with a great
potential for further development; and whereas, it is imperative
that this resource be developed, in an orderly and reasonable
manner, without waste, in order to assure sufficient supplies
for continued population growth and industrial development of
the Commonwealth.
Therefore, it is the policy of the General Assembly of the
Commonwealth of Pennsylvania to take such steps as shall be
necessary to encourage the orderly development of this resource
and, to this end, it is imperative that persons engaged in water
well drilling and the Commonwealth closely cooperate to procure
detailed information on the ground water resources for the use
of State officials and the general public in the direction of
ground water development.
Section 2. Short Title.--This act shall be known and may be
cited as the "Water Well Drillers License Act."
Section 3. Definitions.--The following words and phrases,
when used in this act, shall have the meaning ascribed to them
in this section, except where the context clearly indicates a
different meaning:
(1) "Water well" shall mean any excavation that is drilled,
bored, cored, washed, driven, dug, jetted or otherwise
constructed, when the intended use of such excavation is for the
location, diversion or acquisition of ground water: Provided,
however, That no excavation for the purposes of (a) obtaining or
prospecting for oil, natural gas, minerals or products of mining
or quarrying, (b) inserting media to repressure oil or natural
gas bearing formation, storing petroleum or other materials
shall be deemed a "water well" for the purpose of this act.
(2) "Ground waters" shall mean waters of underground
streams, channels, artesian basins, reservoirs, lakes and other
occurrences of water in and under the ground, whether
percolating or otherwise.
(3) "Drilling" shall mean all acts necessary to the
construction of wells, such as drilling, boring, coring,
washing, jetting, driving and digging.
(4) "Department" shall mean the Bureau of Topographic and
Geologic Survey in the State Planning Board of the Commonwealth
of Pennsylvania. ((4) amended June 22, 1970, P.L.388, No.123)
(5) "Water well driller" shall mean any water well
contractor who has contracted for the drilling, digging,
driving, boring, coring, washing, jetting, constructing,
altering or repairing any water well.
(6) "Person" shall mean any natural person, association,
partnership or corporation. Whenever used in any section
prescribing and imposing a penalty or imposing a fine or
imprisonment or both, the term "person," as applied to an
association, shall include the members thereof and, as applied
to a corporation, the officers thereof. The provisions of this
act restricting or regulating the actions of any person shall be
construed as regulating or restricting the actions of the
employes and agents of such person.
(7) "Well Owner" shall mean any person who owns land used
for any purpose on which a well has been drilled.
Section 4. License Required to Drill Water Wells.--(a)
After the effective date of this act, no person shall drill a
water well within the Commonwealth, unless he has first secured
from the department a license issued in such form and subject to
such reasonable rules and regulations as the department shall
prescribe, or unless he is drilling such well within the scope
of his employment by a licensed well driller.
(b) The provisions of this section shall not be applicable
to--
(1) Any farmer performing any function on any land owned or
leased by him for farming purposes.
(2) Any natural person drilling a well on land owned by him
or of which he is a lessee and used by him as his residence.
Section 5. The department may require the well owner to seal
effectively or fill any abandoned well on his property in
accordance with the rules and regulations of the department.
Section 6. Application.--(a) Before any water well
driller's license is issued, application shall be made, in
writing, to the department on a form prepared and furnished by
the department. Such application shall contain a statement
showing (1) the name of the applicant, (2) the business address
of the applicant, (3) the residence of the applicant, (4) the
number of drilling rigs the applicant intends to operate during
the license year and a short description of each rig, (5) such
additional information as the department may require.
(b) An annual license fee of eight dollars ($8.00) shall be
paid by the applicant at the time he makes application for an
initial license or renewal thereof. This license fee shall
permit the licensee to operate one drilling rig. The applicant
shall also pay an additional fee of five dollars ($5.00) for
each additional water well drilling rig he operates during the
license year.
(c) The department may, upon payment of a two dollar ($2.00)
fee, issue a duplicate license or permit to replace a lost or
destroyed, license or permit.
(d) Every licensee shall, prior to acquiring or activating a
drilling rig with respect to which he has not paid a fee for the
license year, notify the department, and the department shall
upon payment of the five dollar ($5.00) fee issue to him a
permit for such rig.
Compiler's Note: Section 6(a) of Act 48 of 1981, which
provided for the fixing of fees charged by administrative
agencies, provided that section 6(a) and (b) is repealed
insofar as it establishes a set fee for any activity
inconsistent with the fees set forth in Act 48.
Section 7. Every license and rig permit issued under the
provisions of this act shall expire on the last day of May next
following the date of issue of such license or permit.
Section 8. The department shall have the power to suspend or
revoke the license of any water well driller, if the same was
obtained through error or fraud, for failure to file the reports
or maintain the records required by the provisions of this act
for fraudulent operations or for any other violation of this
act. Proceedings shall be conducted in accordance with the
provisions of the Administrative Agency Law, the act approved
the fourth day of June, one thousand nine hundred forty-five
(Pamphlet Laws 1388). The department shall have the authority to
grant new licenses to persons whose licenses have been revoked.
Section 9. Every person licensed as a water well driller
shall write his usual signature with pen and ink in the space
provided for that purpose on the license issued to him
immediately upon receipt of such license. The licensee shall
conspicuously display his license at his principal place of
business. The person in charge of each drilling rig shall, at
all times, have in his possession, when engaged in drilling, the
drilling rig permit issued under the provisions of this act.
Section 10. Records and Reports.--(a) Every licensee shall
be required to keep a record of each well upon a form to be
prescribed by the department, setting forth the exact geographic
location and log of the well containing a description of
materials penetrated, the size and depth, the diameters and
lengths of casing and screen installed, the static and pumping
levels, and the yield and such other information pertaining to
the construction or operation of the well or wells as the
department may require, but no water well driller shall be
required to furnish information as to coal deposits or other
valuable minerals. This record shall be available to the
department upon request.
The department or any authorized representative shall have
the power to make such inspection and require the taking of such
samples as may be deemed necessary by the department. Such
inspections and samples shall not materially increase the
drilling costs.
(b) The department may, when in its discretion it deems it
proper, require licensees to file, with the department, reports
containing such data from the records maintained pursuant to
subsection (a) of this section as the department reasonably
deems necessary to effectuate the purpose of this act. In no
case, may the department require such report to be filed prior
to the elapse of twenty-one (21) days after the completion of
the well.
(c) In addition to the reports and records provided for in
subsections (a) and (b) of this section, every water well
driller shall file, with the department within twenty-four (24)
hours of making a contract to drill a water well, a report in
the nature of a statement of intention to drill, which shall
include the name and address of the owner of the well, the
township and county in which the well is to be located, and the
approximate date on which the drilling is to commence.
Section 11. Penalties.--(a) Summary offense. Any person who
shall drill a well in violation of section four of this act
shall, upon conviction thereof in a summary proceeding, be
sentenced to pay a fine not to exceed one hundred dollars
($100.00) and, in default thereof, to suffer imprisonment not to
exceed ten (10) days.
(b) Misdemeanor. Any person previously convicted of a
summary offense under the provisions of subsection (a) of this
section, who shall drill any well or cause any well to be
drilled in violation of section four of this act, shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
sentenced to pay a fine not to exceed five hundred dollars
($500,00) or, in default of such fine, to suffer imprisonment
not to exceed three (3) months.
(c) Failure to keep records or file reports. Any licensee
who shall fail to keep the records or file the reports required
by this act shall, upon conviction in a summary proceeding, be
sentenced to pay a fine not to exceed two hundred dollars
($200.00) or, in default of payment thereof, suffer imprisonment
not to exceed ten (10) days.
(d) Failure to have drilling rig permit in possession. Every
person in charge of a drilling rig, who shall fail to have in
his possession a current permit issued with respect to such
drilling rig in violation of section nine of this act, shall,
upon summary conviction, be sentenced to pay a fine not to
exceed ten dollars ($10.00) or, in default thereof, to suffer
five (5) days' imprisonment. Every licensee who shall,
knowingly, permit an employe to be in charge of the operation of
a drilling rig without having in his possession a current permit
issued with respect to such rig shall, upon summary conviction,
be sentenced to pay a fine not to exceed one hundred dollars
($100.00) or, in default of such fine, to suffer imprisonment
not to exceed ten (10) days.
(e) Every person to whom a license has previously been
issued under the provisions of this act, who shall drill a water
well or permit an employe to drill a water well while such
person's license is under suspension or after such person's
license has been revoked and not restored, shall be guilty of a
misdemeanor, and, upon conviction, shall be sentenced to pay a
fine not to exceed five hundred dollars ($500.00) or to suffer
imprisonment for three (3) months, or both.
(f) Any water well owner who shall abandon any existing well
without effectively sealing or filling such well when requested
to do so by the department shall be guilty of a misdemeanor,
and, upon conviction, shall be sentenced to pay a fine not to
exceed five hundred dollars ($500.00) and, in default of such
fine, to suffer imprisonment not to exceed thirty (30) days.
Section 12. The department is hereby authorized, empowered
and directed to effectuate the provisions of this act and to
adopt, amend and rescind such reasonable rules and regulations
as may be necessary to accomplish the purposes of this act.
Section 13. All fees payable under this act and all other
moneys received in connection with the administration thereof,
together with all fines and penalties collected under the
provisions of this act for violation of the same and all bail
forfeited, shall be paid into the State Treasury, and shall be
credited to the general appropriation of the Bureau of
Topographic and Geologic Survey in the State Planning Board for
the purpose of administration of this act. The expenditure of
these funds for the administration and enforcement of this act
is hereby authorized and, for these purposes, such funds are
hereby appropriated.
(13 amended June 22, 1970, P.L.388, No.123)
Compiler's Note: Section 6(a) of Act 48 of 1981, which
provided for the fixing of fees charged by administrative
agencies, provided that section 13 is repealed insofar as
it establishes a set fee for any activity inconsistent
with the fees set forth in Act 48.
Section 14. If any part, section, subsection, sentence,
clause or phrase in this act shall be held unconstitutional or
invalid for any reason, such invalidity shall not affect the
validity of the remaining portions of the act.
Section 15. The provisions of this act shall become
effective June 1, 1956.
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