Md. Code Regs. 26.05.01.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.05.01.01 - Definitions

A. For the purpose of this subtitle, the following definitions apply.

B. Terms Defined.

(1) "Apprentice" means a person licensed by the Board to work under the direction and control of a principal licensee for the specific purpose of training to practice well drilling.

(2) "Approved training" means courses of study or programs of instruction in the practice of well drilling and related subjects that are approved by the Board in accordance with the requirements of this subtitle.

(3) "Board" means the State Board of Well Drillers.

(4) "Clock hour" or "credit hour" means the amount of time, usually 1 hour per 50 minutes of instruction, that is accredited by the Board or the institution sponsoring the approved training.

(5) "General" means that category of well driller license which authorizes the practice of well drilling in all categories of the well driller license.

(6) "Geotechnical" means that category of well driller license which authorizes the practice of well drilling, limited to wells constructed for the purpose of sampling, measuring, or test pumping for scientific, engineering, or regulatory purposes, including wells constructed specifically for the removal of contaminants from an aquifer, but excluding water supply test wells.

(7) "Gross negligence" means an action or inaction by a licensee or an applicant for a license that is significantly deficient from the action or inaction expected by the profession or that category of the profession in the same circumstances. Gross negligence is determined by the Board on a case-by-case basis.

(8) "Helper" means a person who assists a licensee, but does not practice well drilling.

(9) "Inactive status" means the status assigned to a license by the Board to indicate that the licensee may not practice well drilling until the licensee has met the requirements of COMAR 26.05.02.06D(2).

(10) "Incompetency" means an action or inaction by a licensee or an applicant for a license which demonstrates a general lack of knowledge or ability to practice well drilling in the class and category for which the person is licensed. Incompetency is determined by the Board on a case-by-case basis.

(11) "Journeyman well driller" means a person licensed by the Board to practice well drilling in a particular category under the general supervision of a master well driller of the same category or of the general category.

(12) "License" means, unless the context requires otherwise, a license issued by the Board under this subtitle to practice well drilling.

(13) "Licensee" means a person licensed by the Board under this subtitle.

(14) "License renewal period" means the 24-month period immediately preceding the June 1 expiration date of the license.

(15) "Master well driller" means a person licensed by the Board to practice well drilling, without restriction, in a particular category.

(16) "Misconduct" means a willful or intentional action or inaction by a licensee or an applicant for a license that is deficient from the action or inaction expected by the profession or that category of the profession under the same circumstances. Misconduct is determined by the Board on a case-by-case basis.

(17) "Practice well drilling" includes engaging in any of the following activities for profit:

(a) Making, altering, repairing, or sealing a well; or

(b) Installing, altering, repairing, or disconnecting well system equipment.

(18) "Principal licensee" means a person licensed by the Board as a master well driller, water conditioner installer, or pump installer.

(19) "Pump", "water pump", or "pumping equipment" means equipment or related materials used to withdraw or otherwise obtain water from a well.

(20) "Repair" means on-site work on an existing well involving redrilling, deepening, changing casing and screen depths, rescreening, chemical cleaning, redeveloping, removing and reinstalling pumps, repairing well system equipment, and related work.

(21) "Selection" means the actual selection of well system equipment to be installed in or at a particular well.

(22) "Water conditioner installer" means a person licensed by the Board to practice well drilling, restricted to the selection, installation, and repair of water conditioning equipment.

(23) "Water conditioning equipment" means equipment or related materials used to change the chemical, physical, or bacteriological characteristics of water obtained from a well.

(24) "Water pump installer" means a person licensed by the Board to practice well drilling, restricted to the selection, installation, and repair of pumps and related equipment, and the testing for well yield.

(25) "Water supply" means that category of well driller license which authorizes the practice of well drilling, limited to wells constructed for the purpose of obtaining a water supply, including wells drilled for the purpose of installing a heat pump.

(26) "Well" means a hole made in the ground to:

(a) Explore for ground water;

(b) Obtain or monitor ground water;

(c) Inject water into any underground formation from which water may be produced; or

(d) Transfer heat to or from the ground or ground water, if the hole:

(i) Extends more than 20 feet below the surface of the ground, and

(ii) Is not a well for obtaining geothermal resources under Natural Resources Article, § 8-8 A-01, Annotated Code of Maryland.

(27) "Well rig operator" means a person licensed by the Board to practice well drilling, restricted to the location and excavation of wells, installation of casing, grout, screens, pumps, and development and testing of wells.

(28) "Well system equipment" means equipment that is necessary to draw or purify water from a well, including casing, grout, screen, water tank, water pump, or water conditioning equipment.

Md. Code Regs. 26.05.01.01

Regulations .01 effective March 19, 1975 (2:6 Md. R. 434)
Regulation .01B_D amended effective June 11, 1975 (2:13 Md. R. 929)
Regulations .01 adopted effective December 20, 1982 (9:25 Md. R. 2485)
Regulations .01C-1 adopted, effective June 6, 1983 (10:11 Md. R. 975)
Regulation .01C-1_U recodified to .01D_V Regulations .01 repealed effective December 24, 1990 (17:25 Md. R. 2910)
Regulations .01 adopted effective December 24, 1990 (17:25 Md. R. 2910)