reglab/housing_qa huggingface dataset:
MT Code § 37-42-301 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-301. Department to certify operators

  37-42-301. Department to certify operators. (1) The department shall certify persons as to their qualifications to supervise successfully the operation of such water and wastewater treatment plants and water distribution systems.   (2) In granting the certificates, the department shall give due regard to the interest of this state in protecting the drinking water supplies and the quality of its water.   History: (1)En. Sec. 5, Ch. 239, L. 1967; amd. Sec. 111, Ch. 349, L. 1974; Sec. 69-5905, R.C.M. 1947; (2)En. Sec. 8, Ch. 239, L. 1967; amd. Sec. 2, Ch. 306, L. 1971; amd. Sec. 89, Ch. 349, L. 1974; Sec. 69-5908, R.C.M. 1947; R.C.M. 1947, 69-5905, 69-5908(part); amd. Sec. 8, Ch. 243, L. 1983.
MT Code § 37-42-302 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-302. Unlawful to operate plant or system without certified operator -- department to issue temporary certificates -- exception

  37-42-302. Unlawful to operate plant or system without certified operator -- department to issue temporary certificates -- exception. (1) Except as provided in subsection (3), it is unlawful for a person, firm, or corporation, both municipal and private, operating a wastewater treatment plant, water treatment plant, or water distribution system to operate the plant or system unless the competency of the operator is certified to by the department under this chapter.   (2) Except as provided in subsection (3), it is unlawful for a person to perform the duties of an operator without being certified under this chapter.   (3) The prohibitions in subsections (1) and (2) do not pertain to a water distribution system that:   (a) does not contain a treatment facility;   (b) obtains all of its water from a public water supply system but is not owned or operated by the owner or operator of that public water supply system; and   (c) does not sell water.   (4) For good cause shown, the department may issue temporary certificates that are valid for up to 1 year.   History: En. Sec. 11, Ch. 239, L. 1967; amd. Sec. 92, Ch. 349, L. 1974; R.C.M. 1947, 69-5911; amd. Sec. 9, Ch. 243, L. 1983; amd. Sec. 2, Ch. 195, L. 1999.
MT Code § 37-42-303 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-303. Operator of treatment plant or distribution system to be certified -- exemption

  37-42-303. Operator of treatment plant or distribution system to be certified -- exemption. (1) Water and wastewater treatment plants and water distribution systems, whether publicly or privately owned, must be under the supervision of an operator whose competency is certified to by the department in a grade corresponding to the classification of that portion of the water or wastewater supply system to be supervised.   (2) However, this chapter does not prevent a governmental agency, corporation, or individual from continuing to employ in this capacity a person in responsible charge of the operation of such works on July 1, 1967. Certificates of proper classification may be issued without examination to the person or persons certified by the governing board or owner to have been in responsible charge of the water and wastewater plants and water distribution systems on July 1, 1967. A certificate so issued will be valid only in that plant.   History: En. Sec. 6, Ch. 239, L. 1967; amd. Sec. 87, Ch. 349, L. 1974; R.C.M. 1947, 69-5906(part).
MT Code § 37-42-304 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-304. Application for operator's certificate -- fee

  37-42-304. Application for operator's certificate -- fee. A person desiring to engage in the operation of a water treatment plant, water distribution system, or wastewater treatment plant shall first file an application with the department for a proper certificate. The department shall charge a fee of the same amount as the license cost, except that the department shall reduce the fee by the amount that the cost of processing the application is offset by federal funds received. The department may not act on an application until the fee has been paid.   History: En. Sec. 8, Ch. 239, L. 1967; amd. Sec. 2, Ch. 306, L. 1971; amd. Sec. 89, Ch. 349, L. 1974; R.C.M. 1947, 69-5908(part); amd. Sec. 10, Ch. 243, L. 1983; amd. Sec. 3, Ch. 195, L. 1999; amd. Sec. 95, Ch. 467, L. 2005.
MT Code § 37-42-305 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-305. Certification without examination

  37-42-305. Certification without examination. The department may consider for certification the holder of a certificate issued by a governmental agency or equivalent certification board of another state on presentation to the department of satisfactory evidence that the applicant is in responsible charge of works located in this state requiring a certified operator and that the applicant has successfully passed an examination at least equivalent to that required under 37-42-202(2).   History: En. Sec. 6, Ch. 239, L. 1967; amd. Sec. 87, Ch. 349, L. 1974; R.C.M. 1947, 69-5906(part); amd. Sec. 11, Ch. 243, L. 1983; amd. Sec. 92, Ch. 370, L. 1987; amd. Sec. 1401, Ch. 56, L. 2009.
MT Code § 37-42-306 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-306. Issuance of operator certificate -- display

  37-42-306. Issuance of operator certificate -- display. (1) The department shall issue certificates attesting to the competency of operators. The certificates shall include the classification of the works which the operator is qualified to supervise.   (2) The certificate shall be prominently displayed in the office of the operator.   (3) Certificates continue in effect unless revoked by the department but remain the property of the department, and the certificate shall so state. A certificate shall be renewed annually by payment of the proper fee.   History: En. Sec. 7, Ch. 239, L. 1967; amd. Sec. 88, Ch. 349, L. 1974; R.C.M. 1947, 69-5907(part).
MT Code § 37-42-307 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-307. Retention of certificate by operators who terminate employment -- notification to department

  37-42-307. Retention of certificate by operators who terminate employment -- notification to department. (1) Operators who terminate employment may retain their certificate for 2 years, provided that all other requirements are met. After 2 years, a certificate is automatically invalidated. Operators whose certificates are invalidated under this chapter may be issued new certificates of like classification, provided appropriate proof of competency is presented to the department. Successful completion of an examination may be required at the discretion of the department.   (2) Any person, firm, or corporation, both municipal and private, shall notify the department within 3 business days after termination if a certified water or wastewater operator terminates employment.   History: En. Sec. 7, Ch. 239, L. 1967; amd. Sec. 88, Ch. 349, L. 1974; R.C.M. 1947, 69-5907(3); amd. Sec. 12, Ch. 243, L. 1983.
MT Code § 37-42-308 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-308. Annual renewal -- fees -- revocation for failure to renew -- reinstatement -- notice of suspension

  37-42-308. Annual renewal -- fees -- revocation for failure to renew -- reinstatement -- notice of suspension. (1) Certificates issued under this chapter must be renewed annually before July 1. A certificate issued after July 1 expires the following June 30. After the payment of the initial fee under 37-42-304, a certificate holder shall pay before July 1 of each certificate year a renewal fee according to the schedule adopted by the department, except that the department shall reduce the fee by the amount that the cost of administering the certificate is offset by federal funds received to fund the administration of the program.   (2) Subject to subsection (6), if a certificate holder does not apply for a renewal of the certificate before July 1 and remit to the department the necessary renewal fee, the department shall suspend the certificate. Subject to subsection (6), the department shall revoke any certificate that remains suspended for a period of more than 30 days. However, the department, before this revocation, shall notify the certificate holder by certified mail at the address on the issued certificate of the department's intention to revoke, at least 10 days before the time set for action to be taken by the department on the certificate.   (3) A certificate once revoked may not be reinstated unless it appears that an injustice has occurred through error or omission or other fact or circumstances indicating to the department that the certificate holder was not guilty of negligence or laches.   (4) Notice of suspension must be given to the certificate holder when the suspension occurs and to the proper official or owner of the treatment works or distribution system.   (5) If a person whose certificate has been revoked through the person's own fault desires to continue as a water or wastewater plant operator, the person shall apply to the department under 37-42-304. Successful completion of an examination may be required at the discretion of the department.   (6) This section may not be interpreted to conflict with the provisions of 37-1-138.   History: En. Sec. 9, Ch. 239, L. 1967; amd. Sec. 90, Ch. 349, L. 1974; R.C.M. 1947, 69-5909; amd. Sec. 13, Ch. 243, L. 1983; amd. Sec. 4, Ch. 195, L. 1999; amd. Sec. 43, Ch. 271, L. 2003; amd. Sec. 96, Ch. 467, L. 2005.
MT Code § 37-42-309 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-309. Deposit of fees

  37-42-309. Deposit of fees. Filing and certification fees shall be deposited with the state treasurer in the department state special revenue fund and shall be used to pay the expenses of the council and department under this chapter. Moneys may be invested in accordance with procedures of investment of state moneys.   History: En. Sec. 8, Ch. 239, L. 1967; amd. Sec. 2, Ch. 306, L. 1971; amd. Sec. 89, Ch. 349, L. 1974; R.C.M. 1947, 69-5908(part); amd. Sec. 14, Ch. 243, L. 1983; amd. Sec. 1, Ch. 277, L. 1983.
MT Code § 37-42-310 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-310. through 37-42-320 reserved

  37-42-310 through 37-42-320 reserved.
MT Code § 37-42-321 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-321. Revocation of operator's certificate -- disciplinary action by department

  37-42-321. Revocation of operator's certificate -- disciplinary action by department. (1) The department may issue an order revoking the certificate of an operator when the department finds that:   (a) the operator has practiced fraud or deception;   (b) reasonable care, judgment, or the application of the operator's knowledge or ability was not used in the performance of the operator's duties; or   (c) the operator is incompetent or unable to properly perform the operator's duties.   (2) The department may issue an order taking any disciplinary action listed in 37-1-136.   (3) A person aggrieved by an order of the department under this section may request a hearing before the board by submitting a written request stating the reason for the request within 30 days after receipt of the department's decision.   (4) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.   History: En. Sec. 7, Ch. 239, L. 1967; amd. Sec. 88, Ch. 349, L. 1974; R.C.M. 1947, 69-5907(2); amd. Sec. 15, Ch. 243, L. 1983; amd. Sec. 2, Ch. 79, L. 2001.
MT Code § 37-42-322 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 42. Water Treatment Plant Operators|Part 3. Licensing|37-42-322. Violation

  37-42-322. Violation. Any person, firm, or corporation, both municipal and private, violating any provisions of this chapter or the rules adopted hereunder is guilty of a misdemeanor. Each day of operation in violation of this chapter or any rules adopted hereunder shall constitute a separate offense.   History: En. Sec. 12, Ch. 239, L. 1967; R.C.M. 1947, 69-5912.
MT Code § 37-43-101 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 1. General|37-43-101. Purpose

  37-43-101. Purpose. It is the purpose of this chapter to reduce and minimize the waste and contamination of ground water resources within this state by reasonable regulation and licensing of drillers or makers of water wells and monitoring wells and to protect the health and general welfare by providing a means for the development of the natural resource of underground water in an orderly, sanitary, and reasonable manner. The reasonable regulation and licensing of drillers or makers of water wells and monitoring wells is in the best interest of the public, and the waste and contamination of ground water resources through inefficient or incompetent operations of drillers or makers of water wells and monitoring wells is prohibited. For the protection of the public and for the conservation of underground water resources, it is necessary that standards be set and maintained to insure that competency in the drilling and making of water wells and monitoring wells in this state is obtained.   History: En. Sec. 2, Ch. 176, L. 1961; amd. Sec. 2, Ch. 234, L. 1963; amd. Sec. 2, Ch. 232, L. 1974; amd. Sec. 250, Ch. 350, L. 1974; R.C.M. 1947, 66-2602; amd. Sec. 1, Ch. 538, L. 1987.
MT Code § 37-43-102 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 1. General|37-43-102. Definitions

  37-43-102. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:   (1) "Apprentice water well driller" means an individual who is learning the trade of water well drilling and performs labor and services for a licensed water well contractor and whose duties are directly related to well drilling or drilling rig operation.   (2) "Board" means the board of water well contractors provided for in 2-15-3307.   (3) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.   (4) "Geotechnical boring" means a hole intended solely to determine the composition, stability, density, movement, pressure, stratigraphy, or other physical properties of soil or rock.   (5) (a) "Monitoring well" means a well that is used for pollutant recovery or monitoring ground water quality, ground water levels, or flow direction, but whose primary purpose is not the withdrawal or acquisition of ground water.   (b) The term does not include geotechnical borings, perk test holes, and ground water exploration holes that are used to determine suitability of onsite sewage disposal by septic tank drain fields or lagoons.   (6) "Monitoring well constructor" means a natural person who installs monitoring wells.   (7) (a) "Water well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed and intended for the location, diversion, artificial recharge, or acquisition of ground water.   (b) The term does not include:   (i) spring development or excavations, by backhoe or otherwise, for recovery and use of surface waters or for the purpose of stock watering or irrigation when the depth is 25 feet or less; or   (ii) an excavation made for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying or for inserting media to repressure oil- or natural-gas-bearing formations or for storing petroleum, natural gas, or other products.   (8) "Water well contractor" or "contractor" means a natural person who contracts on behalf of a firm, corporation, partnership, or other business entity to construct, alter, or rehabilitate a water well on lands other than the person's own for compensation.   (9) "Water well driller" or "driller" means any person, other than an apprentice, at a drilling site causing a water well to be drilled, altered, or rehabilitated.   History: En. 66-2602.1 by Sec. 251, Ch. 350, L. 1974; amd. Sec. 2, Ch. 232, L. 1974; amd. Sec. 1, Ch. 268, L. 1975; R.C.M. 1947, 66-2602.1(part); amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 1, Ch. 728, L. 1985; amd. Sec. 2, Ch. 538, L. 1987; amd. Sec. 1, Ch. 516, L. 1989; amd. Sec. 1402, Ch. 56, L. 2009.
MT Code § 37-43-103 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 1. General|37-43-103. Repealed

  37-43-103. Repealed. Sec. 10, Ch. 728, L. 1985.   History: En. 66-2602.2 by Sec. 252, Ch. 350, L. 1974; amd. Sec. 2, Ch. 232, L. 1974; R.C.M. 1947, 66-2602.2.
MT Code § 37-43-104 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 1. General|37-43-104. Licensed monitoring well constructor to supervise all construction of monitoring wells

  37-43-104. Licensed monitoring well constructor to supervise all construction of monitoring wells. (1) Any firm, corporation, or partnership may engage in the business of constructing or installing monitoring wells provided a licensed monitoring well constructor is in charge of all monitoring well installation.   (2) The licensed monitoring well constructor must be physically present at the site throughout the construction of the monitoring well.   History: En. Sec. 17, Ch. 538, L. 1987.
MT Code § 37-43-201 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 2. Board of Water Well Contractors|37-43-201. Organization -- seal -- compensation of members

  37-43-201. Organization -- seal -- compensation of members. (1) The board shall annually elect a presiding officer and vice presiding officer.   (2) The board must have a seal with the words "Board of Water Well Contractors" engraved on the seal, and the seal must be affixed to all writs, authentication of records, and other official proceedings of the board. The courts of this state shall take judicial notice of the seal.   (3) Each appointed member of the board who is not a government employee must receive as compensation for the member's services $50 a day for each day actually engaged in the performance of the duties of the office, including time of travel between the member's home and the places at which the member performs duties, together with mileage and per diem expenses as provided for in 2-18-501 through 2-18-503. The members who are employees of the state of Montana may not receive extra compensation for their services as members of the board.   History: Ap. p. 82A-1602.26 by Sec. 3, Ch. 232, L. 1974; Sec. 361, Ch. 350, L. 1974; Sec. 82A-1602.26, R.C.M. 1947; Ap. p. Sec. 4, Ch. 176, L. 1961; amd. Sec. 152, Ch. 147, L. 1963; amd. Sec. 1, Ch. 278, L. 1969; amd. Sec. 25, Ch. 100, L. 1973; amd. Sec. 253, Ch. 350, L. 1974; amd. Sec. 41, Ch. 439, L. 1975; Sec. 66-2604, R.C.M. 1947; R.C.M. 1947, 66-2604, 82A-1602.26(4), (5); amd. Sec. 4, Ch. 83, L. 1981; amd. Sec. 3, Ch. 538, L. 1987; amd. Sec. 1403, Ch. 56, L. 2009.
MT Code § 37-43-203 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 2. Board of Water Well Contractors|37-43-203. Renumbered 37-43-314

  37-43-203. Renumbered 37-43-314. Code Commissioner, 1993.
MT Code § 37-43-204 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 2. Board of Water Well Contractors|37-43-204. Earmarked money for board expenses -- expenditure of funds from bonds

  37-43-204. Earmarked money for board expenses -- expenditure of funds from bonds. (1) All money collected under this chapter must be deposited in the state special revenue fund and may be used only for the purpose of paying expenses of the board. Except for funds received from bonds in subsection (2), the money must be appropriated by the legislature before it may be expended by the board. Income and interest from investment of the money in the state special revenue fund that are collected under this chapter must be credited to the board.   (2) The board may accept and expend all funds received from bonds required by 37-43-306. The funds must be used to remedy defects in water wells, to compensate for damages caused by violations of this chapter or the rules of the board, or to pay any administrative costs incurred by the board under 37-43-309, 37-43-310, and 37-43-313. These funds, other than those to pay any administrative costs, are statutorily appropriated as provided in 17-7-502.   History: En. Sec. 1, Ch. 493, L. 1991; amd. Sec. 6, Ch. 284, L. 1993; amd. Sec. 34, Ch. 422, L. 1997.
MT Code § 37-43-301 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-301. Licensed person to supervise all construction

  37-43-301. Licensed person to supervise all construction. (1) Any firm, corporation, or partnership may engage in the business of constructing water wells provided a licensed water well contractor is placed in charge of all water well construction.   (2) The licensed water well contractor must be the individual who contracts on behalf of the firm, corporation, or partnership.   (3) A licensed water well driller, pursuant to 37-43-305, must be employed by a licensed water well contractor.   History: En. 66-2602.1 by Sec. 251, Ch. 350, L. 1974; amd. Sec. 2, Ch. 232, L. 1974; amd. Sec. 1, Ch. 268, L. 1975; R.C.M. 1947, 66-2602.1(part); amd. Sec. 6, Ch. 538, L. 1987.