reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.120 - Certified Technician - Application and Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain an air conditioning and
				refrigeration technician certification, an applicant must:
(1) be at least 18 years old at the time of
				application;
(2) submit a completed
				application on a department-approved form;
(3) at the time of application, have either:
(A) completed a department-accepted or
				approved certification training program within the previous 48 months;
				or
(B) performed 24 months of air
				conditioning and refrigeration-related work:
(i) under the supervision of a licensed air
				conditioning and refrigeration contractor; or
(ii) as part of the applicant's military
				occupational specialty within the armed forces of the United States;
(4) pass the
				examination;
(5) submit the
				required fees; and
(6) complete all
				requirements, including passing the exam, within one year of the date the
				application is filed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.121 - Certified Technician - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must satisfy the requirements of
				Texas Occupations Code §
									RSA
				1302.5036, based on the date the application
				is filed with the department, prior to taking an examination.
(b) A passing grade is 70%.
(c) A person taking an examination must
				comply with the department's examination requirements under, Chapter 60,
				Subchapter E of this title.
(d)
				Cheating on an examination is grounds for denial, suspension, or revocation of
				a license and/or an administrative penalty.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.122 - Certification Training Program Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A certification training program provider
				must receive approval from the department before offering or providing a
				certification training program.
(b)
				To obtain approval of a certification training program, an applicant shall:
(1) file a completed application on a
				department-approved form;
(2) pay
				all applicable fees;
(3)
				demonstrate that the program includes a total of at least 2,000 hours of a
				combination of:
(A) classroom instruction at
				a secondary school, institution of higher learning as defined by §
											RSA
				61.003 of the Texas Education Code, or an
				apprenticeship program accepted by the department; and
(B) practical experience in air conditioning
				and refrigeration-related work under the supervision of a licensed air
				conditioning and refrigeration contractor;
(4) provide copies of course material such as
				textbooks, videos, tapes, handouts, study materials, and any additional
				documentation; and
(5) provide the
				names and license numbers of all air conditioning and refrigeration contractors
				supervising program participants.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.123 - Certification Training Program Provider Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than ten (10) days after the
				completion date of the certification training program, a provider must issue to
				each participant who completed the program a certificate that includes the
				following information:
(1) name of the
				provider and number of the certification training program;
(2) program completion date;
(3) printed name and signature of a provider
				representative; and
(4) name of the
				participant.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.1 - Purpose of Rules

Current through Reg. 49, No. 28; July 12, 2024
To provide procedural and substantive requirements for
				  licensing, complaint procedures, continuing education, and technical standards
				  for well drillers and pump installers, and to ensure the quality of the State's
				  groundwater for the safety and welfare of the public under the Texas
				  Occupations Code, Chapters 1901 and 1902.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Altering--The process
				of changing the original design or intent of a completed well.
(2) Abandoned well--A well that is not in
				use. A well is considered to be in use if:
(A) the well is not a deteriorated well and
				contains the casing, pump, and pump column in good condition;
(B) the well is not a deteriorated well and
				has been capped;
(C) the water from
				the well has been put to an authorized beneficial use, as defined by the Texas
				Water Code;
(D) the well is used in
				the normal course and scope and with the intensity and frequency of other
				similar users in the general community; or
(E) the owner is participating in the
				Conservation Reserve Program authorized by Sections 1231 - 1236, Food Security
				Act of 1985 (16 U.S.C. §§3831 - 3836), or a similar governmental
				program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.20 - Licensing Requirements - General

Current through Reg. 49, No. 28; July 12, 2024
A person may not act or offer to act as a driller or pump
				  installer unless the person is licensed or registered by the executive director
				  pursuant to the Code, and this Chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.21 - Requirements for Issuance of a Driller or Pump Installer License

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant must submit a completed
				application, the required fee, and have the required two (2) years of
				experience drilling wells or installing pumps.
(b) An applicant must complete all
				requirements within one year of the date the application is filed.
(c) A licensee, not licensed to perform all
				types of well drilling and pump installation, may apply for endorsements.
				Applications for additional endorsements shall be accompanied by the
				appropriate application fee, and must contain all information required by this
				chapter for an initial license. Upon examination of the applicant's
				qualifications, the executive director must deny or grant additional
				endorsements to an existing license.
(d) An applicant must have sufficient
				installation/drilling experience as set forth in paragraphs (1) and (2) to be
				eligible to take each applicable endorsement examination.
(1) Drillers Endorsements--Qualifying number
				of installation/drillings
(A) Water Wells
				(W)--15
(B) Monitor Wells
				(M)--50
(C) Injection Wells
				(N)--50
(D) Dewatering Wells
				(D)--50
(E) Closed Loop Geothermal
				Wells (C)--50
(F) Master Driller
				(A)--All of the above endorsements required.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.22 - Applications for Licenses and Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Application must be made on forms approved by the department.
(b) The application must include the
				applicant's statement that he has drilled or installed pumps under supervision
				of a driller or pump installer licensed under the Code and this
				chapter.
(c) The applicant is
				eligible to take the examination when the department determines the application
				and qualifications submitted meet requirements.
(d) A license issued by the department is
				valid for:
(1) one year, if the license was
				issued before January 1, 2024; or
(2) two years, if the license was issued on
				or after January 1, 2024.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.23 - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for an examination, the
				applicant must submit a completed license application and pay the required
				fee.
(b) A person taking an
				examination must comply with the department's examination requirements under 16
				TAC Chapter 60, Subchapter E.
(c) A
				passing grade is 70%.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.24 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) On or before the
				expiration date of the license, the licensee must pay a renewal fee to the
				department and submit an application for renewal.
(b) To renew a license, the licensee must
				show proof of continuing education in compliance with §76.25(b).
(c) A license renewed by the department is
				valid for:
(1) one (1) year, if the license
				was renewed before March 1, 2024; or
(2) two (2) years, if the license was renewed
				on or after March 1, 2024.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Terms used in
				this section have the meanings assigned by Chapter 59 of this title, unless the
				context indicates otherwise.
(b) To
				renew a license as a driller or pump installer, a licensee must complete
				continuing education courses approved by the department, which must include the
				following:
(1) one (1) hour of instruction
				dedicated to the Water Well Driller/Pump Installer statutes and rules;
				and
(2) the following number of
				hours of instruction dedicated to topics directly related to the water well
				industry, including but not limited to well and water well pump standards,
				geologic characteristics of the state, state groundwater laws and related
				regulations, well construction and pump installation practices and techniques,
				health and safety, environmental protection, technological advances, or
				business management:
(A) three (3) hours for
				renewal before March 1, 2024; or
(B) seven (7) hours for renewal on or after
				March 1, 2024.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.26 - A Person Assisting Licensed Driller or Licensed Pump Installers

Current through Reg. 49, No. 28; July 12, 2024
(a) A person not licensed or registered to
				perform drilling or pump installing work may assist a licensed driller or pump
				installer, pursuant to the Code, provided that the unlicensed person is not
				primarily responsible for the drilling or installation operations, and provided
				that the unlicensed person:
(1) performs
				drilling work under the direct supervision of a licensed driller who has been
				licensed for a minimum of two (2) years; or
(2) performs pump installing work under the
				direct supervision of a licensed pump installer who has been licensed for a
				minimum of two (2) years.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.27 - Registration for Driller and/or Pump Installer Apprenticeship; Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who wishes to participate in a
				driller or installer apprentice program under the supervision of a licensed
				well driller and/or a licensed pump installer who has been licensed for a
				minimum of two (2) years, must submit a registration form to the department,
				provide a detailed copy of the training program, including the effective
				commencement and termination date, and provide proof that the licensed well
				driller and/or pump installer has agreed to accept the responsibility of
				supervising the training.
(b) To
				qualify for an apprentice registration the person must:
(1) Be at least eighteen (18) years
				old;
(2) Participate in an
				apprentice program developed by a licensed driller or installer who has been
				licensed as a driller or installer for at least two years;
(3) Submit an application on a
				department-approved form, and
(4)
				Pay the registration fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.28 - Standards of Conduct - Apprentice and Supervising Licensee

Current through Reg. 49, No. 28; July 12, 2024
(a) A registered driller or pump installer
				apprentice may only accept bids in the name of the supervising licensee, or
				perform or offer to perform well construction under the Code or this Chapter
				that the supervising licensee authorizes in writing pursuant to the apprentice
				program.
(b) A supervising licensee
				shall determine the manner and type of supervision for every apprentice under
				his supervision.
(c) A supervising
				licensee is ultimately responsible for the drilling of a well or installation
				of a pump according to the Code and this Chapter. The licensee shall supervise
				the drilling activities of an apprentice, pursuant to the Code, this Chapter
				and the written apprentice program developed by the licensee.
(d) A registered driller or pump installer
				apprentice may not act or offer to act as a driller or pump installer except
				under the authority of a licensed driller or pump installer and according to
				the supervising driller or pump installer's direction.
(e) A registered apprentice who is not
				currently participating in an apprentice program, may assist a licensed driller
				or installer as an unlicensed assistant, under direct supervision pursuant to
				§
									RSA
				76.26 of this title.
(f) A driller or pump installer apprentice
				must have the registration issued by the department in his possession at all
				times and must present the registration upon request.
(g) A complaint alleging a violation of this
				Chapter and the Code involving a person performing work as an apprentice, may
				be opened against both, the apprentice and the supervising licensee for failing
				to properly supervise the apprentice.
(h) A licensed driller or installer shall
				notify the department in writing within 10 days of the termination of a
				registered apprentice.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
The following are not required to obtain a license under the
				  Code.
(1) Any person who, pursuant to
				30 TAC Chapter 334, Subchapter I, possesses a Class A or Class B Underground
				Storage Tank (UST) Installers' license who drills observation wells within the
				backfill of the original excavation for UST's, including associated piping and
				pipe trenches (tank plumbing and piping), to a depth of no more than two feet
				below the tank bottom. However, if the total depth exceeds twenty (20) feet
				below ground surface, a licensed driller is required to drill the
				well.
(2) Any person who drills
				environmental hand auger soil borings no more than ten (10) feet in
				depth.
(3) Any person who installs
				or repairs water well pumps and equipment on his own property, or on property
				that he has leased or rented, for his own use.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.62 - Responsibilities of the Department - Injurious Water or Constituents

Current through Reg. 49, No. 28; July 12, 2024
(a) Within forty-five (45) days after receipt
				of an Injurious Water or Constituents Report, as described in §76.71, the
				department shall review the well report for corrective actions taken by the
				driller.
(b) If after its review,
				the department determines that no corrective actions have been taken, the
				department shall within thirty (30) days of making that determination, notify
				in writing the person having the well drilled, deepened or altered, to inform
				the person that the driller is required by law to ensure that the well is
				plugged, repaired or completed under the standards and procedures in this
				chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.65 - Advisory Council

Current through Reg. 49, No. 28; July 12, 2024
(a) All notices of
				regular or special meetings of the council will be sent to the residential
				address of council members as recorded in the official records of the council
				and department.
(b) The presiding
				officer shall preside at all council meetings and shall not vote except to
				break a tie vote.
(c) In the
				absence of the presiding officer, the members present shall choose one member
				to act as presiding officer.
(d)
				The permanent or temporary presiding officer may appoint any member of the
				council present to act for any other officer of the council who is not
				present.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.70 - Responsibilities of the Licensee-State Well Reports

Current through Reg. 49, No. 28; July 12, 2024
Every well driller who drills, deepens, or alters a well,
				  within this state shall record and maintain a legible and accurate State of
				  Texas Well Report on a department-approved form. Each copy of a State of Texas
				  Well Report, other than a department copy, shall include the name, mailing
				  address, web address and telephone number of the department.
(1) Not later than the 60th day after the
				date of the completion or cessation of drilling, deepening, or otherwise
				altering the well, the driller shall deliver a copy of the well log to:
(A) The department, by transmitting
				electronically through the Texas Well Report Submission and Retrieval
				System;
(B) The owner of the well
				or the person for whom the well was drilled; and
(C) The groundwater conservation district in
				which the well is located, if any.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.71 - Responsibilities of the Licensee - Reporting Injurious Water or Constituents

Current through Reg. 49, No. 28; July 12, 2024
Each well driller or installer shall, within twenty-four (24)
				  hours of becoming aware of the existence of injurious water or constituents,
				  inform the landowner or person having a well drilled, deepened, or otherwise
				  altered. The well driller or installer shall, within thirty (30) days of
				  becoming aware of the existence of injurious water or constituents transmit
				  electronically through the Texas Well Report Submission and Retrieval System or
				  deliver or send by certified mail, the original of the Injurious Water or
				  Constituents Report to the department. The well driller or installer shall also
				  deliver or send by first-class mail a copy of the Injurious Water or
				  Constituents Report to the groundwater conservation district in which the well
				  is located, if any, and the landowner or person having the well drilled,
				  deepened, or altered.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.72 - Responsibilities of the Licensee and Landowner - Well Drilling, Completion, Capping and Plugging

Current through Reg. 49, No. 28; July 12, 2024
(a) All well
				drillers, installers and persons having a well drilled, deepened or altered,
				and persons in possession of abandoned or deteriorated wells, shall adhere to
				the provisions of the Code and this chapter prescribing the location of wells
				and proper drilling, completion, capping, repairing and plugging.
(b) A licensed driller shall ensure that when
				injurious water or constituents are knowingly encountered, the well is plugged
				or is converted into a properly completed monitoring well as defined in
				§76.10(35), and under the standards set forth in §76.104.
(c) A driller must comply with applicable
				requirements of the Texas Commission on Environmental Quality rules under 30
				TAC Chapter 331, if injurious water or constituents are encountered while
				drilling a Class V Injection well.
(d) If a landowner, or person having the well
				drilled, deepened or altered refuses to allow a licensed driller or installer
				access to the well which requires plugging, capping, repairing or completion or
				otherwise precludes the driller or installer from plugging, capping, repairing
				or completing a well where injurious constituents or water have been
				encountered, the driller shall, within forty-eight (48) hours of the refusal,
				file a signed statement to that effect with the department and provide a copy
				of the statement to the local groundwater conservation district. The statement
				shall indicate that:
(1) the driller,
				installer or person under his supervision, encountered injurious water or
				constituents while drilling the well;
(2) the driller or installer has informed the
				person having the well drilled, deepened or otherwise altered that injurious
				water or constituents were encountered and that the well must be plugged or
				completed pursuant to Texas Occupations Code, §
										RSA
				1901.254 or § 1902.253, and this
				chapter;
(3) the person or
				landowner having the well drilled, deepened or altered has denied the driller
				or installer access to the well;
(4) the reason, if known, for which access
				has been denied; and
(5) if known,
				whether the person having the well drilled, deepened or otherwise altered
				intends to have the well plugged or completed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.73 - Responsibilities of the Licensee - Standards of Completion for Public Water System Wells

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed well
				driller shall complete a well intended for use with a public water system in
				accordance with 30 TAC Chapter 290 (Rules and Regulations for Public Water
				Systems) and any other local or regional regulations.
(b) The landowner or person having the well
				drilled, deepened or altered that is intended for use as a part of a public
				water system shall comply with 30 TAC Chapter 290 and any other local or
				regional regulations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.74 - Responsibilities of the Licensee - Marking Vehicles and Equipment

Current through Reg. 49, No. 28; July 12, 2024
Licensees shall mark their well rigs and pump installer
				  vehicles used by them or their employees in the well drilling or pump installer
				  business with legible and plainly visible identification numbers.
(1) The identification number to be used on
				rigs and vehicles shall be the licensee's license number.
(2) License numbers shall be printed, upon
				each side of every well rig or pump installer vehicle, not less than two (2)
				inches high and in a color sufficiently different from the color of the vehicle
				or equipment so that the license number shall be plainly visible.
(3) A licensee shall have thirty (30) days
				from the date a license is issued to properly mark all well rigs or pump
				installer vehicles used by him or his employees as provided in paragraphs (1)
				and (2).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.75 - Responsibilities of the Licensee - Representations

Current through Reg. 49, No. 28; July 12, 2024
(a) No licensee shall offer to perform
				services unless such services can be competently performed.
(b) A licensee shall accurately and
				truthfully represent to a prospective client the licensee's qualifications and
				the capabilities of the equipment to perform the services to be
				rendered.
(c) A licensee shall
				neither perform nor offer to perform services for which the licensee is not
				qualified by experience or knowledge in any of the technical fields
				involved.
(d) A licensee shall not
				enter into a partnership or any agreement with a person, not legally qualified
				to perform the services to be rendered, and who has control over the licensee's
				equipment and/or independent judgment as related to construction, alteration,
				or plugging of a well or installation of pumps or equipment in a
				well.
(e) A licensee shall not make
				false, misleading, or deceptive representations.
(f) A licensee shall make known to
				prospective clients, all adverse, or suspicions of adverse conditions
				concerning the quantity or quality of groundwater in the area. If there is any
				uncertainty regarding the quality of water in any well, the licensee shall
				recommend that the client have the suspected water analyzed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.76 - Responsibilities of the Licensee - Unauthorized Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall inform the department of
				any unauthorized well drilling or pump installation practice of which the
				licensee has knowledge.
(b) A
				licensee shall not aid or abet an unlicensed person to unlawfully drill or
				offer to drill wells or install pump equipment.
(c) A licensee shall, upon request of the
				department, furnish any information the licensee possesses concerning any
				alleged violation of the Code or this chapter.
(d) A licensee shall have the following
				information on all proposals and invoices given to consumers: Regulated by the
				Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
				78711, 1-800-803-9202, Ext.7880, (512) 463-7880, www.tdlr.texas.gov.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.78 - Responsibilities of the Licensee - Adherence to Manufacturer's Recommended Well Construction Materials and Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Unless waived by the landowner, a licensee shall use a manufacturer's well
				screen, and select the correct slot size for the screen in the installation of
				a domestic (household use) or landscape irrigation water well to prevent sand
				or sediment from entering the well.
(b) The waiver must be on a
				department-approved form, signed by the landowner or person having the well
				drilled and the driller, and presented to the landowner.
(c) A licensee shall adhere to manufacturers'
				recommended pump sizing and wiring specifications.
(d) A licensee shall select the proper
				hydraulic collapse pressure for casing to be installed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application Fees
(1) Driller license--$430
(2) Installer license--$430
(3) Combination Driller and Installer
				license--$650
(4) Apprentice
				registration--$65
(5) Combination
				Apprentice registration--$115
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.90 - Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
If a person violates the Texas Occupations Code, Chapters 51,
				  1901 and 1902, or a rule or order of the executive director or commission,
				  proceedings may be instituted to impose administrative sanctions and/or
				  recommend administrative penalties in accordance with the Code or Texas
				  Occupations Code, Chapter 51, and Chapter 60 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.100 - Technical Requirements - Locations and Standards of Completion for Wells

Current through Reg. 49, No. 28; July 12, 2024
(a) Wells shall be completed in accordance
				with the following specifications and in compliance with the local groundwater
				conservation district rules or incorporated city ordinances.
(1) Siting Method. A well shall be located a
				minimum horizontal distance of one hundred fifty (150) feet from any
				concentrated sources of potential contamination such as, but not limited to,
				existing or proposed livestock or poultry yards, cemeteries, pesticide
				mixing/loading facilities, and privies, except in the case of monitoring,
				dewatering, piezometer, and recovery wells which may be located where necessity
				dictates. A well shall be located a minimum horizontal distance of one hundred
				(100) feet from an existing or proposed septic system absorption field, septic
				system spray area, a dry litter poultry facility and fifty (50) feet from any
				adjacent property line provided the well is located at the minimum horizontal
				distance from the sources of potential contamination.
(2) A well shall be located a minimum
				horizontal distance of fifty (50) feet from any water-tight sewage and
				liquid-waste collection facility except in the case of monitoring, dewatering,
				piezometer, and recovery wells which may be located where necessity
				dictates.
(3) A well shall be
				located at a site not generally subject to flooding; provided however, that if
				a well must be placed in a flood-prone area, it shall be completed with a
				watertight sanitary well seal, so as to maintain a junction between the casing
				and pump column, and a steel sleeve extending a minimum of thirty-six (36)
				inches above ground level and twenty-four (24) inches below the ground
				surface.
(4) A driller is not
				required to adhere to the property line distance requirements if:
(A) the well is located within a groundwater
				conservation district, and the district's rules regulate the spacing of
				wells;
(B) the well is located on
				property that has restrictions regulating the spacing of wells and on-site
				sewage systems; or
(C) public
				wastewater treatment is provided and utilized by the owner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.101 - Technical Requirements - Standards of Completion for Water Wells Encountering Water Injurious to Vegetation, Land or Other Water

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon encountering water injurious to
				vegetation, land, or other water, a driller or installer shall:
(1) comply with the notification requirements
				of §1901.254 and §1902.252 of the Code; and
(2) as quickly as possible, plug, repair or
				properly complete the well pursuant to the standards adopted by the commission
				in order to avoid injury or pollution.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.102 - Technical Requirements - Standards for Wells Producing Water Injurious to Vegetation, Land or Other Water

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Wells completed to produce injurious water shall be cased to prevent the mixing
				of water or constituent zones.
(b)
				The annular space between the casing and the wall of the borehole shall be
				pressured grouted with cement or bentonite grout to the land surface. Bentonite
				grout may not be used if a water zone contains chloride water above one
				thousand five hundred (1,500) parts per million (milligrams per liter) or if
				hydrocarbons are present.
(c) Wells
				producing injurious water shall be completed in such a manner that will not
				allow injurious fluids to flow onto the land surface.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.103 - Technical Requirements - Re-Completions

Current through Reg. 49, No. 28; July 12, 2024
The landowner shall have the continuing responsibility of
				  ensuring that a well does not allow the commingling of injurious water with
				  fresh water through the wellbore to other porous strata.
(1) If a well allows the commingling of
				injurious water and fresh water or the unwanted loss of water, and the casing
				in the well cannot be removed and the well re-completed in accordance with the
				applicable rules, the casing in the well shall be perforated and squeeze
				cemented in a manner that will prevent the commingling or loss of water. If
				such a well has no casing then the well shall be cased and cemented, or plugged
				in a manner that will prevent commingling or loss of water.
(2) The executive director may direct the
				landowner to take proper steps to prevent the commingling of injurious water
				with fresh water, or the unwanted loss of water.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.104 - Technical Requirements - Standards for Capping and Plugging of Wells and Plugging Wells that Penetrate Injurious Water Zones

Current through Reg. 49, No. 28; July 12, 2024
(a) All wells which are required to be
				plugged or capped under Texas Occupations Code, Chapters 1901 and 1902 or this
				chapter shall be plugged and capped by a licensee or well owner in accordance
				with the following specifications and in compliance with the local groundwater
				conservation district rules or incorporated city ordinances:
(1) all removable casing shall be removed
				from the well;
(2) any existing
				surface completion shall be removed;
(3) the entire well pressure filled via a
				tremie pipe with cement from bottom up to the land surface;
(4) In lieu of the procedure in paragraph
				(3), the well shall be pressure filled via a tremie tube with clean bentonite
				grout of a minimum 9.1 pounds per gallon weight followed by a cement plug
				extending from land surface to a depth of not less than two (2) feet, or if the
				well to be plugged has one hundred (100) feet or less of standing water the
				entire well may be filled with a solid column of 3/8 inch or larger granular
				sodium bentonite hydrated at frequent intervals while strictly adhering to the
				manufacturers' recommended rate and method of application. If a bentonite grout
				is used, the entire well from not less than two (2) feet below land surface may
				be filled with the bentonite grout. The top two (2) feet above any bentonite
				grout or granular sodium bentonite shall be filled with cement as an
				atmospheric barrier. Bentonite grout may not be used if a water zone contains
				chlorides above one thousand five hundred (1,500) ppm or if hydrocarbons are
				present.
(5) Injurious water shall
				be isolated from the fresh water zone(s) with cement plugs and the remainder of
				the wellbore filled with neat cement or clean bentonite grout of a minimum 9.1
				weight followed by a cement plug extending from land surface to a depth of not
				less than two (2) feet.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.105 - Technical Requirements - Standards for Water Wells (Drilled before June 1, 1983)

Current through Reg. 49, No. 28; July 12, 2024
(a) Wells drilled
				prior to June 1, 1983, unless abandoned, shall be grandfathered from this
				chapter without further modification unless the well is found to be a threat to
				public health and safety or to groundwater quality. A threat to public health
				and safety or to groundwater quality shall include, but is not limited to the
				following:
(1) annular space around the well
				casing is open at or near the land surface;
(2) an unprotected opening into the well
				casing that is above ground level;
(3) top of well casing below known flood
				level and not appropriately sealed;
(4) deteriorated well casing allowing
				commingling of aquifers or zones of water of different quality;
(5) water wells with the well head below
				ground level; and
(6) water wells
				located within fifty (50) feet of a source of contamination which affects the
				quality of water produced by the well.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.106 - Technical Requirements - Water Distribution and Delivery Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) The licensee shall inform the landowner
				and well owner that the landowner and well owner are responsible for complying
				with the rules and regulations under the standards set forth in this
				chapter.
(b) A buried discharge
				line between the pump discharge and the pressure tank or pressure system in any
				installation, including a deep well turbine or a submersible pump, shall not be
				under negative pressure at any time. With the exception of jet pumps, a check
				valve or an air gap shall be installed in a water line between the well casing
				and the pressure tank. Either a check valve or an air gap, as applicable, shall
				be required on all irrigation well pumps whenever a pump is installed or
				repaired. All wells shall have either a check valve, or an air gap as
				applicable.
(c) Wells shall be
				vented with watertight joints except as provided by subsection (b), and shall
				comply with the following:
(1) The casing
				vent shall be screened and pointed downward.
(2) Vents may be offset provided they meet
				the provisions of this rule.
(3)
				Toxic or flammable gases, if present, shall be vented from the well. The vent
				shall extend to the outside atmosphere above the roof level at a point where
				the gases will not produce a hazard.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.108 - Technical Requirements - Pump Installation

Current through Reg. 49, No. 28; July 12, 2024
(a) During any repair or installation of a
				water well pump, the licensed installer shall make a reasonable effort to
				maintain the integrity of ground water and to prevent contamination by
				elevating the pump column and fittings, or by other means suitable under the
				circumstances.
(b) A licensed
				installer shall disinfect the well by:
(1)
				Treating the water in the well casing to provide an average disinfectant
				residual to the entire volume of water in the well casing of fifty (50) mg/l.
				This may be accomplished by the addition of calcium hypochlorite tablets,
				sodium hypochlorite solution or other appropriate disinfectant, in the
				prescribed amounts;
(2)
				Circulating, to the extent possible, the disinfected water in the well casing
				and pump column; and
(3) Pumping
				the well to remove disinfected water for a minimum of fifteen (15)
				minutes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.109 - Technical Requirements - Variances - Alternative Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) If the party having the well drilled,
				deepened or altered, the licensed well driller, or the party, landowner or
				person drilling or plugging the well, finds any of the procedures prescribed by
				§§76.100 - 76.105 inapplicable, unworkable, or inadequate,
				combinations of the prescribed procedures or alternative procedures may be
				employed, provided that the proposed alternative procedures will prevent injury
				and pollution. The department will not grant a variance based solely on cost,
				aesthetics, or for a well head to be placed below ground level.
(b) Written proposals to use combinations of
				prescribed procedures or alternative procedures shall be considered application
				for a variance and must be submitted to the department for review prior to
				their implementation, and also provide a copy of the variance to the local
				groundwater conservation district.
(c) If a written variance request is not
				submitted prior to construction and the licensee or landowner or the designated
				agent believes a request is justified, such written request shall be submitted
				to the department and a copy of the variance provided to the local groundwater
				conservation district as soon as possible following completion of the
				well.
(d) This section shall not
				apply to a public water system well.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.110 - Appeals - Variances

Current through Reg. 49, No. 28; July 12, 2024
(a) Appeal of staff
				decision not to approve a variance or waiver application shall be submitted to
				the executive director and a copy of the appeal provided to the local
				groundwater conservation district within fourteen (14) days of notification of
				staff decision.
(b) The executive
				director shall determine whether or not to uphold the disapproval of the
				variance.
(c) The party making the
				appeal shall be advised in writing of the executive director's
				determination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 76 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Section 76.111 - Memorandum of Understanding between the Texas Department of Licensing and Regulation and the Texas Commission on Environmental Quality

Current through Reg. 49, No. 28; July 12, 2024
(a) Recitals.
(1) Pursuant to Texas Occupations Code,
				§
										RSA
				1901.257<subdiv>(b)</subdiv>, the
				Texas Department of Licensing and Regulation (TDLR) and the Texas Commission on
				Environmental Quality (TCEQ) shall enter into a Memorandum of Understanding
				(MOU) to coordinate the efforts of the TDLR, the field offices of the TCEQ, and
				groundwater conservation districts (GCDs), relating to investigative procedures
				for referrals of complaints regarding abandoned and/or deteriorated
				wells.
(2) Pursuant to Texas
				Occupations Code, §
										RSA
				1901.257<subdiv>(c)</subdiv>,
				GCDs in which an abandoned and/or deteriorated well is located shall join the
				Memorandum of Understanding adopted under Texas Occupations Code, §
										RSA
				1901.257<subdiv>(b)</subdiv>. In
				addition, GCDs may enforce compliance with Texas Occupations Code, §
										RSA
				1901.255 related to abandoned and/or
				deteriorated wells located in the boundaries of the district.
(3) Pursuant to Texas Occupations Code,
				§
										RSA
				1901.255 and §
										RSA
				1901.257<subdiv>(b)</subdiv> and
				(c), and in compliance with authority granted by the Interagency Cooperation
				Act, Texas Government Code Annotated, §771.003, the TDLR and TCEQ enter
				into this MOU to coordinate efforts related to investigative procedures for
				referrals of complaints regarding abandoned and/or deteriorated wells. Each GCD
				in which an abandoned and/or deteriorated well is located is required by Texas
				Occupations Code, §
										RSA
				1901.257<subdiv>(c)</subdiv> to
				join this MOU. Such joinder is established by submission to the TDLR at P.O.
				Box 12157, Austin, Texas 78711, of a copy of appropriate GCD Board action
				indicating that the GCD has joined this MOU and understands its
				responsibilities under the MOU and Chapter 1901 of the Texas Occupations
				Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of Texas
				  Occupations Code, Chapter 1304 and Texas Occupations Code, Chapter
				  51.