Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 46.00 - Certification Of Well Drillers And Filing Of Well Completion Reports
Section 46.02 - Certification Requirements

Universal Citation: 310 MA Code of Regs 310.46

Current through Register 1531, September 27, 2024

(1) Certification Required. Unless a holder of a certificate in accordance with 310 CMR 46.02, or a registration in accordance with the predecessor regulations, 313 CMR 3.00, no person shall engage in the business of well drilling in the Commonwealth. This certification requirement does not include wells used on a temporary basis for the purpose of dewatering excavations, stabilizing hillsides or earth embankments, sampling soil gases, or sampling groundwater if the installation tool is left in the ground less than 48 hours.

(2) Requirements for Certification. To obtain a certificate, an applicant must show satisfactory evidence that the applicant has attained:

(a) experience in drilling wells in Massachusetts by being actively engaged in drilling of productive wells in Massachusetts under the immediate field supervision of a Massachusetts certified well driller for at least 36 months prior to application date;

(b) knowledge of well drilling by passing a written general examination, prepared and administered by the National Ground Water Association (NGWA), or by the Department; and

(c) competency in the drilling of wells sufficient to assume the function and duties of a certified well driller, attested to in a sworn affidavit by a Massachusetts certified well driller who supervised the applicant's work.

(3) Waiver. The Department may waive certain requirements set forth in 310 CMR 46.02(2) when the Department receives satisfactory evidence under one of the following options that the applicant:

(a) is certified in another state with comparable certification requirements and well drilling conditions, has been certified in that state for a period of at least three years, and is in good standing. If certification requirements are not comparable, the Department shall require at least one year additional experience of being actively engaged in the drilling of productive wells in Massachusetts under the immediate field supervision of a Massachusetts certified well driller.

(b) was previously certified in Massachusetts within two years of receipt of application for reinstatement, and submits payment of fees in arrears as determined by the Department.

(c) is certified by NGWA as a Certified Well Driller, and beyond NGWA certification requirement, has at least one year additional experience of being actively engaged in drilling productive wells in Massachusetts under the immediate field supervision of a Massachusetts certified well driller.

(4) Special Certification for Drilling Monitoring Wells Only. An applicant may apply for a special certificate for drilling monitoring wells only if the applicant has either:

(a) certification as a NGWA Certified Well Driller, including having passed the specialty examination on monitoring well construction; or

(b) equivalent certification from National Drilling Contractors Association (NDCA) and meets equivalent qualification requirements.

(5) Temporary Certification. The Department may issue a temporary certificate for administrative purposes, provided the applicant has met qualifications set forth in 310 CMR 46.02(2), 310 CMR 46.02(3) or 310 CMR 46.02(4). A temporary certificate shall be valid for up to 90 days. The fee for a temporary certificate shall be the same as for an annual certification.

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