MCA Chapter 5

in effect

Miss. Code Ann. § 51-5-1 Water well contractor’s license; fee; expiration and renewal; continuing education requirements; license exemption.

Every person, firm and corporation desiring to engage in the business of drilling and developing wells for underground water, including drilling any wells or boreholes that may penetrate water-bearing formations, in the State of Mississippi, shall file an application with the Mississippi Commission on Environmental Quality (commission) for a water well contractor’s license, using forms prepared by the commission, setting out qualifications therefor and providing such other information, including test scores from any examination, oral or written, as may be required by the commission. Developing wells shall include the installation and servicing of pumps and well equipment, but shall not include the installation and servicing of above-ground pumps. The fee for such license and renewal thereof shall be One Hundred Dollars ($100.00) for each year. All licenses shall expire on June 30 of each year. Licenses shall not be transferable or assignable. A license may be renewed and shall be renewable without examination for the ensuing year by making an application not later than the expiration date, providing certification that the required continuing education units have been completed, and paying the applicable fee. Such application shall have the effect of extending the validity of the current license until the new license is issued or until the applicant is notified by the commission that the request for renewal has been denied. If an application has not been received by the commission by the expiration date, the license will expire and the licensee will be prohibited from performing any work for which the license is required until such time as the license has been reinstated. On application made after June 30 of each year, the license may be reinstated only upon compliance with all requirements for renewal, including payment of the applicable fee, plus a penalty of Ten Dollars ($10.00) for each month or fraction thereof the application is delinquent. Failure to request reinstatement within one (1) year after a license has expired may, in the discretion of the commission, be deemed a waiver of the licensee’s right to reinstatement without examination; and if he should request reinstatement thereafter, the commission may require that he be considered a new applicant subject to all requirements for initial licensing including the requirement for examination. Nothing in this chapter shall prevent a person who has not obtained a license pursuant thereto from constructing a water well on his own or leased property intended for use only in a single family house which is his permanent residence, or intended for use only for watering livestock on his farm, and where the waters to be produced are not intended for use by the public or any residence other than his own. However, such person shall comply with all rules and regulations as to the construction of wells as set out by the provisions of this chapter. Nothing in this chapter shall prevent a person who has not obtained a license pursuant thereto from constructing a water well on his own or leased property intended for use only for irrigating crops on his farm. However, such person shall comply with all rules and regulations as to the construction of wells as set out by the provisions of this chapter. This section shall not apply to any person who performs labor or services at the direction and under the personal supervision of a licensed well contractor. Any person whose license has been revoked may, upon application for a new license, be required, in the discretion of the board, to take the examination and in all other ways be considered as a new applicant. As used in this chapter, the terms “State Board of Water Commissioners,” “board” and “commission” mean the Mississippi Commission on Environmental Quality.

Miss. Code Ann. § 51-5-3 Qualifications for license.

In order to be licensed as a water well contractor in the State of Mississippi, the applicant must be qualified as set out below: Be at least twenty-one (21) years of age; Be of good moral character; Demonstrate to the satisfaction of the commission a reasonable knowledge of this chapter and the rules and regulations adopted by the commission under the provisions of this chapter; Possess the necessary drilling equipment, or present to the commission sufficient evidence to show that he has access to the use of such equipment at any time he needs it; and Have not less than three (3) years’ experience in the work for which he is applying for a license. Each applicant shall be required to present to the examining committee three (3) notarized affidavits from licensed water well contractors showing that such applicant has the necessary qualifications and experience to meet the above-stated standards.

Miss. Code Ann. § 51-5-5 Powers of Mississippi Commission on Environmental Quality to carry out provisions of this chapter.

In carrying out the provisions of this chapter, the commission shall have, but shall not be limited to, the following powers: Make reasonable rules and regulations for the purpose of carrying out the provisions of this chapter. Prepare required forms and establish other procedures to govern the submission of applications, reports, and other information authorized to be sent the commission as required by this chapter. Prepare and give reasonable oral and/or written examinations for license applicants. Deposit all fees in a special fund for the implementation of this chapter. Enter upon and be given access to any premises for the purpose of inspecting water wells. Require and approve the completion of continuing education units for license renewal applicants. If the commission finds that compliance with all the requirements of this chapter would result in undue hardship, an exemption from any one or more of such requirements may be granted by the commission to the extent necessary to ameliorate such undue hardship and to the extent such exemption can be granted without impairing the intent and purpose of this chapter.

Miss. Code Ann. § 51-5-7 Violations of chapter or regulations.

When the state board of water commissioners has reasonable grounds for believing that there has been a violation of this chapter or any rules or regulations adopted pursuant thereto, the board shall give written notice to the person alleged to be in violation. Such notice shall identify the provisions of this chapter or regulation issued hereunder alleged to be violated and the facts alleged related thereto. Such notice shall be served in the manner required by law for the service of process upon a person in a civil action, and may be accompanied by an order of the board requiring described remedial action which, if taken within the time specified in such order, will effect compliance with the requirements of this chapter and regulations issued thereunder. Such order shall become final within thirty days from the service thereof unless a request for hearing as provided elsewhere in this chapter is made within such time. In lieu of such order the board may require the person or persons named in such notices to appear at a hearing at a time and place specified in the notice. When the state board of water commissioners finds that any provisions of this chapter have been violated and that disciplinary action by the board is insufficient or unavailable, then it shall be the duty of the said board to proceed with enforcement of this chapter by proper proceedings through any court of competent jurisdiction available therefor.

Miss. Code Ann. § 51-5-9 Proceedings for revocation of license.

When the board determines that the holder of any license issued pursuant to this chapter has violated any provisions thereof or any rules and regulations pursuant thereto, the board shall authorize suspension or revocation of such license. Proceedings under the provisions of this section shall not be dependent upon having exhausted remedies through any other section of this chapter. The board shall notify the suspected violator at least fifteen days before the board hearing therefor, shall specify to him the grounds for which such license revocation is proposed with such sufficiency as to protect his constitutional rights therein as in other civil hearings pertaining to license revocations, shall give him opportunity to present any witnesses or other reasonable evidence before the board, and shall comply with established rules of procedure for such board hearings. Any such order of revocation of license shall become effective thirty days after service thereof. The aggrieved party may appeal from the board’s finding to a court of competent jurisdiction as provided by the laws of the state, provided notice of appeal is given to the board within ten days of such board action.

Miss. Code Ann. § 51-5-11 Grounds for revoking license.

The grounds for revoking a well driller’s license are: That he has intentionally made a material misstatement in the application for such license; or That he has willfully violated any provisions of this chapter; or That he has obtained, or attempted to obtain, such license by fraud or misrepresentation; or That he has been guilty of fraudulent or dishonest practices; or That he has demonstrated lack of competence as a driller of water wells; or That he has failed or refused to file reports as required under the provisions of this chapter; or That he has willfully and contumaciously refused to obey reasonable orders, rules, and regulations of the board.

Miss. Code Ann. § 51-5-13 Driller to keep records and file reports.

The driller shall keep accurate records on each water well drilled, including, but not limited to, its location, depth, character of rocks or formations drilled, fluids encountered, and such other reasonable information as the board may specify. Each driller shall, within thirty days after completion of each well, file a report containing such information in the office of the state board of water commissioners on forms provided by the board. However, no report or information shall be required to be filed with the board if the well is a driven well or if it is dug by the use of a hand auger.

Miss. Code Ann. § 51-5-15 Repealed.

Repealed by Laws, 2018, ch. 395, § 10, eff from and after July 1, 2018. § 51-5-15 . [Codes, 1942, § 5956-38; Laws, 1966, ch. 269, § 8; Laws, 1978, ch. 371, § 2, eff from and after passage (approved March 15, 1978).] Editor's Notes — Former § 51-5-15 authorized the Board of Water Commissioners to appoint an advisory committee to make recommendations for the regulation and control of water well drillers, and prescribed the committee composition and terms of appointment.

Miss. Code Ann. § 51-5-17 Penalties.

Any person, firm, or corporation who engages in or follows the business or occupation, or advertises, holds itself out, or acts temporarily or otherwise as a well driller without having first secured the required license or renewal thereof, or who otherwise violates any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) within the discretion of the court; and each day in which such violation exists or continues shall constitute a separate offense. In addition to the penalties prescribed herein, any person who violates any order of the board requiring described remedial action as set out elsewhere in this chapter, which shall specify a time requirement for compliance with such order, shall be subject to a penalty not to exceed one hundred dollars ($100.00) for each day such noncompliance continues.

Miss. Code Ann. § 51-5-19 Chapter supplementary to other laws and regulations.

This chapter shall be supplementary to laws, rules, and regulations of the State of Mississippi, of any of its political subdivisions, and of any other state agencies or commissions, except insofar as such conflict may exist.