10 CSR 23-1.090 Permit Requirement PURPOSE: This rule explains that a permit is required in order to construct or repair a well in the state.

(1) No person shall drill, construct, install pumps or pumping equipment, repair a well or plug a well within this state unless in possession of a valid permit to do so issued by the division. A well installation contractor's permit is valid for drilling and repair on well that produce water for human consumption, animal, industrial or irrigation purposes, open-loop heat pump wells and water return wells. A monitoring well installation contractor's permit is valid for drilling and repair of monitoring wells and test holes. A monitoring-test hole installation contractor's permit which is a restriction on the monitoring well installation permit is valid for drilling or coring of wells in the exploration for minerals or geologic data. A heat pump installation contractor's permit is valid for drilling and repair of heat pump wells excluding open-loop heat pump and water return wells), construction of trenched systems and installation of loops used in heat pump systems. A pump installation contractor's permit is valid for setting pumps and liners and removal of pumps for repair and/or replacement in wells that produce water for human consumption, animal or irrigation purposes. It is also valid for setting pumps in extraction type monitoring wells. All contractor's permits are valid for plugging wells, except monitoring wells must be plugged by monitoring well installation contractors. The previously mentioned permits can be issued on a restricted or nonrestricted basis. Restricted permits are issued to persons who only contract the work specific to the type of permit requested or to primary contractor on site drilling supervisors. All permits issued pursuant to these rules shall expire one (1) year after issuance.

(2) Nothing in sections 256.600-256.640, RSMo shall prevent a person who has not obtained a permit pursuant to sections 256.600-256.640, RSMo from constructing or plugging a well on his/her own or leased property intended for use only in a single family house which is his/her permanent residence or intended for use only for farming purposes on his/her farm and where the waters to be produced are not intended for use by the public or in any residence other than his/her own. Each person shall comply with all rules adopted under sections 256.600-256.640, RSMo. The landowner may hire an unpermitted person to plug a hand dug well but the landowner is responsible to make sure the well is plugged according to 10 CSR 23-3.110 and reported on a registration report form with the accompanying fee. All other types of wells must be plugged by a permitted contractor unless the landowner does the work as provided in this section.

AUTHORITY: sections 256.606,256.607, 256.613, 256.615 and 256.626, RSMo (1994).* Original rule filed April 2, 1987, effective July 27, 1987. Emergency rescission and emergency rule filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Rescinded and readopted: Filed Aug. 17, 1993, effective March 10, 1994. Amended filed July 13, 1994, effective Jan. 29, 1995. Amended: Filed Nov. 1, 1995, effective June 30, 1996. *Original authority: 256.606, RSMo (1991); 256.607, RSMo (1985), amended 1991; 256.613 and 256.615, RSMo (1991); and 256.626, RSMo (1985), amended 1991.

MO Dept. of Natural Resources: CODE OF STATE REGULATIONS - Rebecca McDowell Cook (5/31/96) Secretary of State

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