Title 37, Title 37

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Board" means the board of environmental review provided for in 2-15-3502. (2) "Certificate" means a certificate of competency issued by the department, stating that the operator holding …

The department shall classify all water treatment plants, water distribution systems, and wastewater treatment plants with due regard to the size, type, physical conditions affecting such water treatment plants and distribution systems, character of wastewaters to be treated and …

(1) Annually, when new members are appointed to the council, a presiding officer must be elected at the next council meeting. (2) Meetings may be called by the presiding officer or on written request of four members of the council when necessary to carry out its function to advis…

(1) The department shall adopt rules necessary to carry out this chapter. The rules shall include but are not limited to provisions establishing the basis for classification of treatment plants under 37-42-104, provisions establishing qualifications of applicants, procedures for …

The council shall advise and assist the department in the administration of the certification program. The council shall serve as an advisory board to the department in actions relating to the qualifications of water and wastewater treatment plant 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…

(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 operato…

(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 wat…

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…

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 …

(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)…

(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…

(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 renewa…

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 sta…

(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 performanc…

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.

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 provi…

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 a…

(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 pr…

(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 procee…

(1) The board may exercise the authority granted to it by this chapter. (2) The board shall adopt rules and orders to effectuate this chapter. (3) The board shall adopt rules to establish mandatory water well construction standards and enforcement procedures. The standards must a…

(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…

(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) A licensed water well driller, pursuant to 37-43-305, must be employed by a licensed …

(1) The drilling, making, or construction of water wells and monitoring wells is declared to be a business and activity affecting the public interest and requiring reasonable standards of competence. Except as provided in subsection (2), it is unlawful for any water well contract…

(1) Except as provided in 37-43-302(2), a person desiring to engage in the drilling, making, construction, alteration, or rehabilitation of one or more water or monitoring wells for underground water in this state shall first file an application with the department for a license.…

(1) Under board rules pertaining to the business of drilling and contracting for drilling of water wells and monitoring wells, the department shall inquire by examination or otherwise into the qualifications of applicants for licenses. Examinations may be oral, written, or both. …

(1) The department, on issuance of a water well contractor's or monitoring well constructor's license under this chapter, shall require, before the person commences operations in this state, a good and sufficient surety bond or its equivalent in a certificate of deposit, cashier'…

(1) The term for licenses issued under this chapter is from July 1 of each year through the following June 30. After the payment of the initial fee under 37-43-303, a licensee shall pay, before the first day of each license year, a renewal fee as prescribed by the board. (2) Subj…

If a person holding a license entitling the person to drill water wells or monitoring wells in another state applies for a Montana water well contractor's, water well driller's, or monitoring well constructor's license, the board may waive the apprenticeship requirements and exam…

The board may investigate complaints against licensees to determine compliance with the laws and rules of this chapter. Licensees must be given an opportunity to respond to a complaint, after which the board may begin disciplinary action under 37-43-310. The board may require com…

(1) If, after investigation and attempted settlement under 37-43-309, compliance with lawful requirements is not demonstrated or achieved, the board may initiate discipline by issuing a proposed disciplinary order. The proposed order must state the factual and legal basis for the…

Any person who shall willfully violate any lawful rule or order of the board or who shall engage in the business of drilling, making, altering, or rehabilitating water wells or monitoring wells without first having obtained a license as in this chapter required or who shall viola…

(1) If the board finds grounds for disciplinary action, as provided in subsection (2), the board may by order: (a) require a licensee to repair or reconstruct substandard wells at the licensee's expense to meet board standards; (b) require a licensee to take further training or e…

The board may maintain an action to enjoin a person from engaging in the drilling, making, or construction of water wells or monitoring wells until a license to practice is procured. A person who has been enjoined and who violates the injunction is punishable for contempt of cour…

No action or counterclaim shall be maintained by any water well contractor, water well driller, or monitoring well constructor in any court in this state with respect to any agreement, work, labor, or materials for which a license is required by this chapter or to recover the agr…

Upon the transfer by operation of law to the successor in interest of a licensed water well contractor's or monitoring well constructor's rights under a contract or agreement for the drilling, making, or construction of a water well or monitoring well, the successor in interest t…

The purpose of this chapter is to protect the public health, safety, and welfare of the public through the regulation of construction contractors.

As used in this chapter, the following definitions apply: (1) "Construction contractor" means, except as provided in 37-45-104, a person, firm, or corporation that: (a) in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid to construct, alte…

The department may adopt rules necessary to implement this chapter.

As related to construction contractors, this chapter does not apply: (1) to an authorized representative of the United States government, the state of Montana, or any incorporated municipality, county, alternative form of local government, irrigation district, reclamation distric…

(1) An individual or business entity may not engage in business as a construction contractor without a current license from the department. The license must include the following information: (a) the applicant's social security number; (b) proof of compliance with workers' compen…

A person who, pursuant to an oral or written contract, engages a construction contractor who is licensed under this chapter on the date of the contract is not liable as an employer for workers' compensation coverage under 39-71-405, for unemployment insurance coverage, or for wag…

(1) Each applicant for a construction contractor license shall pay an application fee established by the department. (2) The fees collected under this chapter in accordance with 37-1-134 must be deposited in a special revenue account for administration and enforcement of this cha…

The provisions of this chapter relating to the registration or licensing of a person, firm, or corporation, including the requirement of a bond with the state of Montana named as obligee and the collection of a fee, are exclusive for registered construction contractors. A politic…

A partnership or joint venture is considered registered under this chapter if one of the general partners or venturers whose name under which the partnership or venture does business is registered.

(1) The following is unprofessional conduct for a construction contractor licensee, a license applicant, or on behalf of the licensee as an individual listed in 37-45-201(1)(d): (a) fraud, misrepresentation, deception, or concealment of a material fact in: (i) applying for or ass…