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17-50-104. Violations.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-104. Violations.
(a) It shall be unlawful and a violation of this chapter, unless exempted under the provisions of §§ 17-50-107(b) and 17-50-108(b), for:
(1) Any person to engage in well construction or pump installation unless the work is performed under the supervision of an individual certified by the Commission on Water Well Construction in the type of work done;
(2)(A) Any water well contractor to fail to deliver a report on well construction to the commission within ninety (90) days after completion of well construction.
(B) The report on well construction shall contain such information as may be requested by appropriate rules of the commission and shall be upon forms supplied by the commission;
(3) Any person to install, construct, repair, or alter a water well or pumping equipment which is not in compliance with appropriate rules or is a health hazard;
(4) A person to operate a rig without a permit as prescribed in § 17-50-310; or
(5) A person to enter into a contract for well construction or pump installation or hold himself or herself out in the business as a water well contractor without posting bond or bond fee and holding a license as provided in §§ 17-50-304 — 17-50-309.
(b) Every day or any part of a day in which a violation occurs shall constitute a separate offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-50-104
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: de1e0bbff706b6cf071c4b1683382463162b9c7a7ec2c268dd159bbb5dd65f35
Source location: content.xml paragraph 17567
Stored source content
17-50-104. Violations.
(a) It shall be unlawful and a violation of this chapter, unless exempted under the provisions of §§ 17-50-107(b) and 17-50-108(b), for:
(1) Any person to engage in well construction or pump installation unless the work is performed under the supervision of an individual certified by the Commission on Water Well Construction in the type of work done;
(2)(A) Any water well contractor to fail to deliver a report on well construction to the commission within ninety (90) days after completion of well construction.
(B) The report on well construction shall contain such information as may be requested by appropriate rules of the commission and shall be upon forms supplied by the commission;
(3) Any person to install, construct, repair, or alter a water well or pumping equipment which is not in compliance with appropriate rules or is a health hazard;
(4) A person to operate a rig without a permit as prescribed in § 17-50-310; or
(5) A person to enter into a contract for well construction or pump installation or hold himself or herself out in the business as a water well contractor without posting bond or bond fee and holding a license as provided in §§ 17-50-304 — 17-50-309.
(b) Every day or any part of a day in which a violation occurs shall constitute a separate offense.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-107. Scope.
(a) No person shall construct, repair, or abandon, or cause to be constructed, repaired, or abandoned, any water well without complying with the provisions of this chapter and the rules adopted pursuant to it.
(b) The provisions of this chapter and rules adopted pursuant to it shall not be construed to repeal the provisions of any other law or ordinance of any municipality establishing standards with respect to water well drilling or pump installation and shall prevail concurrently with such other law or ordinance.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-50-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-108. Exemptions — Limitations.
(a) Where the Commission on Water Well Construction finds that compliance with all requirements of this chapter would result in undue hardship, an exemption from any one (1) or more such requirements may be granted by the commission to the extent the exemption can be granted without impairing the intent and purpose of this chapter.
(b)(1) This chapter or any rule or order issued under this chapter does not prevent a person who has not obtained a license under § 17-50-304 from constructing, altering, or repairing a water well or installing or repairing a pump or pumping equipment for use by him or her on his or her own land.
(2) This chapter does not apply to any person owning, operating, and maintaining on May 27, 1969, any water well unless it constitutes a public health hazard.
(c)(1)(A) A water well in existence on May 27, 1969, is not required to conform to § 17-50-205 or any rules adopted under § 17-50-205.
(B) However, any water well abandoned or repaired, including any water well deemed to have been abandoned, as defined in this chapter, shall be brought into compliance with the requirements of this chapter and applicable rules with respect to abandonment of water wells.
(2) Any water well supplying water which is determined by the commission to be a health hazard must comply with the provisions of this chapter and applicable rules within a reasonable time after notification of the determination has been given.
(d) This chapter does not apply to any distribution of water beyond the point of discharge from any storage or pressure tank, or beyond the point of discharge from the pump if no tank is employed, nor to any water well, pump, or other equipment used temporarily for dewatering purposes.
(e) A county, muni
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-50-108. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-304. License requirement — Exemption.
(a) Every person who wishes to engage in business as a water well contractor shall obtain from the Commission on Water Well Construction a license to conduct such a business.
(b) The license requirement shall not apply to any person who performs labor or services at the direction and under the personal supervision of a licensed water well contractor.
(c) A land owner installing pumping equipment in a water well owned by him or her for his or her own use is exempted from the licensing requirements of this chapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-50-304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-310. Rig permits.
(a)(1) The Commission on Water Well Construction shall issue rig permits if the water well contractor has:
(A) A valid license;
(B) Made proper application for a rig permit; and
(C) Paid the required fee.
(2) Rig permits shall not be transferable and shall expire July 31 of each year.
(b)(1)(A) The water well contractor must renew the rig permit annually by applying no later than thirty (30) days after the expiration date and paying the required fee.
(B) After receiving the renewal materials and fee, the commission shall extend the validity of the current rig permit until the water well contractor receives:
(i) The new rig permit; or
(ii) Notice that the commission has refused to renew the rig permit.
(2) After August 31 of each year, the commission shall only renew a rig permit upon application and payment of the applicable fee plus a penalty of twenty-five dollars ($25.00).
(c)(1) No water well contractor shall operate a rig or permit an employee to operate a rig unless the water well contractor holds a valid rig permit issued by the commission.
(2) The water well contractor shall obtain a separate permit for each rig operated by the water well contractor during the permit year.
(d)(1) The commission shall issue permits composed of weatherproof material.
(2) The water well contractor shall firmly and conspicuously attach the permit to the rig for which it was issued.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-310
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-50-310. This identifies an authority to review, not proof of applicability.