Montana Administrative Code

36.20.102 DEFINITIONS In addition to the definitions found at 85-3-101 , MCA, and unless the context requires otherwise, in these rules: "Act" means Title 85, chapter 3, parts 1-3, MCA. "Applicant" means any person, political subdivision, public or private corporation, partnershi…

36.20.103 LICENSES AND PERMITS - FORMS The necessary forms for the administration of these rules are available from the Water RESOURCES DIVISION of the department, 48 Last Chance Gulch, Helena, Montana 59620-1601. The following forms shall be used in the administration of these r…

36.20.104 LICENSES AND PERMITS - EXEMPTIONS The following activities are exempt from the license and permit requirements of the act and these rules: state and federal agencies, colleges, and bona fide non-profit research organizations; laboratory research and experiments; activit…

36.20.108 FUNDING LIMITS PER PROJECT TYPE (REPEALED) Authorizing statute(s): 90-2-1105, MCA Implementing statute(s): 90-2-1105, MCA History: NEW, 1988 MAR p. 727, Eff. 4/15/88; REP, 1996 MAR p. 775, Eff. 3/22/96.

36.20.201 LICENSE APPLICATIONS A license application shall include the following: a properly completed Form 670-N-278 including: a description of the education and experience of the person who will be responsible for the conduct of any operations of the applicant; a statement ind…

36.20.202 LICENSE APPROVAL CRITERIA The department must issue a license to applicants who demonstrate competence in the field of weather modification and meteorology. Competence in the field of weather modification and meteorology can be demonstrated by a minimum of one full year…

36.20.203 LICENSE TERM AND RENEWAL A licensee may apply to have its license renewed by submitting to the department a properly completed Form 671-N-278 and payment of the $100 license fee. An application for license renewal should be submitted to the department at least two month…

36.20.204 LICENSE AND PERMIT TERMINATION The department may conduct a hearing to modify, suspend, or revoke a license or permit, at any time, or may refuse to renew any license or permit, except the licensee or permittee shall be notified of the hearing by certified mail at least…

36.20.301 PERMIT APPLICATIONS - GENERAL A permit application shall include the following information: a properly completed Form 672-N-278, including: a statement with detailed explanation indicating what if any weather modification permits or similar authorizations issued to the …

36.20.302 PERMIT APPLICATIONS - NOTICE OF INTENTION A permit applicant shall file Form 673-N-278, Notice of Intention to Modify Weather with the department. A completed Form 673-N-278 shall contain the following information: the name, address, and telephone number of the permit a…

36.20.303 PERMIT APPLICATIONS - PROOF OF FINANCIAL RESPONSIBILITY Proof of financial responsibility shall be made by the applicant by showing to the satisfaction of the department that the applicant has the ability to respond in damages for liability which might result as a conse…

36.20.304 PERMIT APPLICATIONS - OPERATING PLANS A completed Form 672-N-278 will include the following information: a general description of the nature and purpose of the operation; a discussion of the technical and scientific basis for the operation, including a reasonable and ge…

36.20.305 PERMIT APPLICATIONS - HEARINGS Permit applicants shall be notified of any hearing at least two weeks prior to the hearing date. The date, time, and place of the hearing will be included in the notice of intention required by ARM 36.20.302, as well as in any general news…

36.20.306 PROCESSING APPLICATIONS - DEPARTMENT RESPONSIBILITIES The department will, upon request, assist a permit applicant by responding to questions regarding the interpretation and requirements of these rules. The department may review draft applications prior to final submit…

36.20.307 ACTION ON PERMIT APPLICATIONS - DEPARTMENT DECISION CRITERIA The department may issue a permit if the statutory requirements are met subject to terms, conditions, restrictions, and limitations it considers necessary to assure that the operation would be for the general …

36.20.308 PERMIT SUSPENSION AND REVOCATION If, for the protection of the health or the property of any person, it is necessary to suspend a permit the department director, or the director's designee, may authorize an immediate permit suspension by telephone. A hearing to determin…

36.20.401 RECORDS AND REPORTING Every licensee shall keep and maintain a daily record of all operations conducted under each permit, showing: the method(s) employed in delivering the seeding agent; type of seeding equipment used; kinds and amounts of seeding agents used; times an…

36.21.101 BOARD ORGANIZATION The board of water well contractors hereby adopts and incorporates the organizational rules of the department of natural resources and conservation as listed in Chapter 1 of this title. Authorizing statute(s): Sec. 37-43-202, MCA Implementing statute(…

36.21.201 PROCEDURAL RULES The board of water well CONTRACTORS hereby adopts and incorporates the procedural rules of the department of natural RESOURCES AND CONSERVATION as listed in Chapter 2 of this title. Authorizing statute(s): Sec. 37-43-202, MCA Implementing statute(s): Se…

36.21.202 PUBLIC PARTICIPATION RULES The board of water well CONTRACTORS hereby adopts and incorporates by this reference the public participation rules of the department of natural RESOURCES AND CONSERVATION as listed in Chapter 2 of this title. Authorizing statute(s): Sec. 37-4…

36.21.401 BOARD MEETINGS (REPEALED) Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-202, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Dept. of Commerce, Ch. 728, L. 1985, Eff. 7/1/85; REP, …

36.21.401A DEFINITIONS (REPEALED) Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-305, MCA History: NEW, 1986 MAR p. 671, Eff. 4/25/86; REP, 1997 MAR p. 65, Eff. 1/17/97.

36.21.402 LICENSURE RESTRICTED TO NATURAL PERSONS NONTRANSFERABLE For purposes of implementing section 37-43-303 , MCA, the word "person" shall be defined to mean an individual human being. Water well contractor's or driller's licenses shall only be issued to or renewed for a per…

36.21.403 REQUIREMENTS FOR WATER WELL CONTRACTORS Each rig shall have a sign showing the company or contractor name and license number in letters three inches high. Each firm must have a licensed and bonded water well contractor who is financially responsible for that firm and in…

36.21.404 COMPLETION OF CONTRACTS BY SUCCESSOR IN INTEREST OF LICENSED CONTRACTOR Section 37-43-402 , MCA, which allows for the transfer of an existing drilling contract to a successor in interest, who need not be licensed if under the supervision of a licensed contractor, shall …

36.21.405 CONTENTS OF CONTRACTOR'S LICENSE Each water well contractor's license shall show on its face the name of the contractor, his firm name, if any, address, the license number, and the date issued. Firm name and address changes shall be submitted to the board office within …

36.21.406 CONTENTS OF DRILLER'S LICENSE Each driller's license will be issued showing the driller's name, the contractor's individual name and firm name, if any, the driller license number, and the date issued. When a change in contractor occurs, in addition to the requirements o…

36.21.407 CHANGE OF RESPONSIBLE CONTRACTOR In the event a driller leaves a firm, the responsible contractor shall notify the board office in writing within five days. His responsibility for the driller continues until such notification is received. The driller shall notify the bo…

36.21.408 DRILLER COMPLETION OF EXAMINATION A driller who is not licensed in Montana must successfully complete the examination prior to performing drilling work, unless he is listed as an apprentice for a licensed water well contractor firm. Authorizing statute(s): 37-43-202, MC…

36.21.409 SUPERVISION "Personal supervision" is defined to mean that a licensed water well contractor or driller shall be present at the job site when the drilling rig is in operation. Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-103, MCA History: NEW, 19…

36.21.410 EXAMINATION The examination is given by appointment in the board office in Helena, Montana, on any work day, Monday through Friday. The examination must be started prior to 2:00 p.m. Examinations may also be given at the Department of Natural Resources and Conservation …

36.21.411 BOND REQUIREMENTS In addition to the bond requirements of section 37-43-306 , MCA, each water well contractor's bond shall, contain on the face of the bond, the individual contractor's name, as well as the company name and mailing address. A bond is not required for a d…

36.21.412 APPRENTICES An apprentice is a person who performs labor or services for a licensed water well contractor and whose duties are directly related to the drilling of a water well or operation of the drill rig. A contractor shall list with the board office the names of all …

36.21.413 RENEWALS (REPEALED) Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-307, MCA History: Eff. 12/21/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1985, Eff. 7/1/81; TRANS, from Dept. of Commerce, Ch. 728, L. 1985, Eff. 7/1/85; AMD, 1985 M…

36.21.413A REQUIRED TRAINING Licensees shall obtain a minimum of four hours of board approved training prior to license renewal each July. The training may include, but is not limited to: National Water Well Association; Montana Water Well Drillers Association; board sponsored wo…

36.21.414 SUSPENSION AND REVOCATION IN CASES OF NONRENEWAL Suspension and revocation as defined in 37-43-307 , MCA and relative to the nonrenewing on time, is automatic and the rules on hearings and proceedings do not apply. Authorizing statute(s): 37-43-202, MCA Implementing sta…

36.21.415 FEE SCHEDULE Application and examination Contractors $575 Drillers $475 Monitoring well constructor $575 Re-examination Water well contractor $175 Water well driller $150 Monitoring well constructor $175 Renewal Contractor $575 Driller $475 Monitoring well constructor $…

36.21.501 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-311, MCA History: NEW, 1986 MAR p. 671, Eff. 4/25/86; REP, 1997 MAR p. 65, Eff. 1/17/97.

36.21.502 VIOLATION AND COMPLAINT PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-203 and 37-43-311, MCA History: NEW, 1986 MAR p. 797, Eff. 5/16/86; REP, 1997 MAR p. 65, Eff. 1/17/97.

36.21.503 HEARING PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-203 and 37-43-311, MCA History: NEW, 1986 MAR p. 671, Eff. 4/25/86; REP, 1997 MAR p. 65, Eff. 1/17/97.

36.21.504 DISCIPLINARY ACTIONS (IS HEREBY REPEALED) Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-203, 37-43-306, and 37-43-311, MCA History: NEW, 1986 MAR p. 671, Eff. 4/25/86; REP, 1997 MAR p. 65, Eff. 1/17/97.

36.21.505 FORFEITURE OF BOND OR OTHER SECURITY (IS HEREBY REPEALED) Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-203, 37-43-306, and 37-43-311, MCA History: NEW, 1986 MAR p. 671, Eff. 4/25/86; REP, 1997 MAR p. 65, Eff. 1/17/97.

36.21.506 LICENSURE REINSTATEMENT AFTER REVOCATION (IS HEREBY REPEALED) Authorizing statute(s): 37-43-202, MCA Implementing statute(s): 37-43-203 and 37-43-311, MCA History: NEW, 1986 MAR p. 671, Eff. 4/25/86; REP, 1997 MAR p. 65, Eff. 1/17/97.

36.21.601 CONSTRUCTION AND MATERIALS REQUIREMENTS AND STANDARDS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 37-43-202, MCA Implementing statute(s): Sec. 37-43-101, MCA History: Eff. 12/31/72; AMD, Eff. 9/5/76; AMD, 1978 MAR p. 78, Eff. 1/26/78; AMD, 1978 MAR p. 904, Eff. 6/…

36.21.631 CODE OF OCCUPATIONAL CONDUCT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 37-43-202, MCA Implementing statute(s): Sec. 37-43-101, MCA History: Eff. 12/31/72; AMD, Eff. 9/5/76; AMD, 1978 MAR p. 78, Eff. 1/26/78; AMD, 1978 MAR p. 904, Eff. 6/24/78; AMD, 1979 MAR P. 1…

36.21.632 WELL LOGS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 37-43-202, MCA Implementing statute(s): Sec. 37-43-101, MCA History: Eff. 12/31/72; AMD, Eff. 9/5/76; AMD, 1978 MAR p. 78, Eff. 1/26/78; AMD, 1978 MAR p. 904, Eff. 6/24/78; AMD, 1979 MAR p. 154, Eff. 2/16/79; T…

36.21.633 ABANDONED WELLS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 37-43-202, MCA Implementing statute(s): Sec. 37-43-101, MCA History: Eff. 12/31/72; AMD, Eff. 9/5/76; AMD, 1978 MAR p. 78, Eff. 1/26/78; AMD, 1979 MAR p. 154, Eff. 2/16/79; TRANS, from Dept. of Prof. & Oc…

36.21.634 DEFINITIONS For purposes of this chapter, the following terms shall apply. "Abandoned water well": "permanent" means a well whose use has been permanently discontinued; and "temporary" means a well from which a drilling rig has been removed from the well site prior to c…

36.21.635 PUBLIC, COMMUNITY, NONCOMMUNITY PUBLIC, AND MULTIPLE-USER WATER SUPPLY WELLS All wells for public, community, noncommunity public, and multiple-user water supply system use are governed by those construction standards set forth in the Department of Environmental Quality…

36.21.636 DRILLING AGREEMENT A written drilling agreement should be provided to the well owner by the water well contractor prior to the construction of the well. The drilling agreement, if used, should contain, but not be limited to the following items: name and address of the w…