MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Stogner (By Request)

AN ACT TO AMEND SECTION 51-5-1, MISSISSIPPI CODE OF 1972, TO REQUIRE LICENSED WATER WELL CONTRACTORS TO MEET CONTINUING EDUCATION REQUIREMENTS PRESCRIBED BY THE COMMISSION ON ENVIRONMENTAL QUALITY; TO CONFORM TERMS TO REORGANIZATION NOMENCLATURE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 51-5-1, Mississippi Code of 1972, is amended as follows:

51-5-1. (1) Every person, firm and corporation engaging in the business of drilling wells for underground water in the State of Mississippi shall file an application with the * * * commission for a drilling license, using forms prepared by the commission, setting out qualifications therefor and such other information, including any examination, oral or written, as may be required by the commission. The fee for the license and renewal * * * shall be One Hundred Dollars ($100.00) for each year.

(2) All licenses shall expire on June 30 of each year and shall not be transferable and shall be renewable annually, without qualifying examination, upon payment of the required fee. A license shall not be renewed unless the person submits proof of completion of four (4) hours of continuing education as prescribed by the commission.

(3) Nothing in this chapter shall prevent a person without a license 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 * * * the waters * * * are not * * * for use by the public or any residence other than his own. However, the person shall comply with all rules and regulations for the construction of wells under this chapter.

(4) 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.

(5) * * * The application for renewal * * * shall extend the validity of the current license until the new license is received or the applicant is notified * * * that the commission has refused to renew the license. On application made after June 30 of each year, the license may be renewed only upon payment of the applicable fee, plus a penalty of Ten Dollars ($10.00) for each month or fraction thereof that the application is delinquent. A delinquency in excess of one (1) year may, in the discretion of the * * * commission, be deemed as a waiver of the driller's right for renewal * * *. * * * The commission may require that the person be considered as a new applicant, including the requirement for examination.

(6) The commission may require any person whose license has been revoked * * * to take the examination and meet the requirements of a new applicant.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.