SANITARIANS, WATER PLANT OPERATORS, AND WATER WELL CONSTRUCTION PRACTICES

KRS tit. XVIII, ch. 223

in effect

KRS 223.010 Definitions for KRS 223.020 to 223.080

223.010. Definitions for KRS 223.020 to 223.080 As used in KRS 223.020 to 223.080, unless the context requires otherwise: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Registered environmental health specialist or sanitarian" means a person trained in the field of environmental health who has qualified for registration in accordance with the provisions of this chapter; (3) "Secretary" means the secretary of the Cabinet for Health and Family Services; and (4) "Environmental health activity" means those program areas administered by the state and local health departments including, but not limited to, food protection, control of insect and rodents, radiation, private water supplies, on-site waste, and other environmental program areas. The term does not cover programs not administered by the cabinet. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 561, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 505, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 309, sec. 2, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 299, sec. 43. - - Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 88. -- Created 1960 Ky. Acts ch. 102, sec. 1, effective July 1, 1960.

KRS 223.020 Registered environmental health specialist or sanitarian examining committee

223.020. Registered environmental health specialist or sanitarian examining committee (1) The secretary shall appoint a registered environmental health specialist or a sanitarian examining committee consisting of five (5) members. The secretary of the Cabinet for Health and Family Services shall be an ex officio member. The other four (4) members shall be environmental health specialists or sanitarians who are registered under this chapter. The appointed members shall serve for terms of two (2) years and until their successors are appointed and qualify, except that when initial appointments are made under the provisions of this chapter, two (2) members' terms shall be for only one (1) year. Thereafter all appointments shall be for a period of two (2) years. (2) The examining committee shall conduct, or cause to be conducted, examinations of applicants pursuant to minimum standards and qualifications established by the secretary. The examining committee shall act in an advisory capacity to the secretary in establishing such minimum standards and qualifications. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 562, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 506, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 309, sec. 3, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 74, Art. VI, secs. 89 and 107(1). -- Created 1960 Ky. Acts ch. 102, sec. 2, effective July 1, 1960.

KRS 223.030 Qualifications for registration -- Inactive status for previous registrants

223.030. Qualifications for registration -- Inactive status for previous registrants (1) An applicant for registration shall file with the cabinet a written application for registration and submit evidence that the applicant: (a) Has completed at least an approved four (4) year high school or the equivalent; and (b) Has completed a four (4) year degree from a college or university, with a minor or twenty-four (24) semester hours in environmental health, biological science, or physical science. (2) An applicant shall be required to pass a written examination in those subjects that the cabinet prescribes. Written examinations may be supplemented by an oral examination. Upon successfully passing these examinations, the applicant shall be issued a registration as an environmental health specialist or sanitarian. (3) Those persons previously registered by the cabinet and not engaged in environmental health practice in the Commonwealth of Kentucky, but desiring to maintain the privilege to use the designation of environmental health specialist or "E.H.S." and sanitarian or "R.S." may apply and be granted inactive status by the cabinet in accordance with administrative regulations of the cabinet. Inactive status shall be renewed at least every two (2) years, and those persons granted inactive status shall not be governed by continuing education provisions contained in this chapter. A registered environmental health specialist or sanitarian on inactive status may petition the cabinet for renewal of registration. In that case the registrant shall meet the requirements of this chapter before being reclassified to active status. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 309, sec. 4, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). -- Created 1960 Ky. Acts ch. 102, sec. 3, effective July 1, 1960.

KRS 223.040 Registration without examination for certain persons -- Limitation -- Registration requirement for certain employment -- Probationary employment

223.040. Registration without examination for certain persons -- Limitation -- Registration requirement for certain employment -- Probationary employment (1) Persons on permanent status actively engaged in environmental health work for a recognized and approved public health agency in this state on July 1, 1993, shall, upon furnishing adequate proof thereof to the cabinet, be entitled to be registered as an environmental health specialist or sanitarian without examination. (2) A request for a registration without examination must be submitted to the cabinet by October 31, 1993. After July 1, 1993, only persons registered as an environmental health specialist or sanitarian, unless otherwise exempted, shall be employed by the cabinet or local health agencies to perform environmental health specialist activities; the cabinet shall by administrative regulation provide for probationary employment not to exceed twelve (12) months for persons to qualify through examination when all other qualifications have been met. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 309, sec. 5, effective July 14, 1992. -- Created 1960 Ky. Acts ch. 102, sec. 4, effective July 1, 1960.

KRS 223.050 Fees -- Disposition of fees

223.050. Fees -- Disposition of fees A fee established by administrative regulation promulgated by the cabinet pursuant to KRS Chapter 13A shall accompany the application for examination. All registration certificates issued under the provisions of this chapter shall expire on June 30 following the date of issue, unless renewed by the payment of an annual renewal fee established by administrative regulation promulgated by the cabinet pursuant to KRS Chapter 13A. All fees collected under the provisions of this chapter shall be paid into the State Treasury and credited to a trust and agency fund to be used by the cabinet in carrying out the provisions of this chapter. No part of this fund shall revert to the general fund of the Commonwealth. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 309, sec. 6, effective July 14, 1992. -- Created 1960 Ky. Acts ch. 102, sec. 5, effective July 1, 1960.

KRS 223.055 Legislative findings on continuing education requirement for environmental health specialist

223.055. Legislative findings on continuing education requirement for environmental health specialist (1) The General Assembly finds and declares that because of continuous introduction of new technology and changing concepts in environmental health, it is essential that an environmental health specialist undertake a program of continuing education to maintain professional competency. (2) Effective July 1, 1993, no environmental health specialist's registration will be renewed until the registrant has submitted proof that shows satisfactory completion, in the previous year, of a continuing education program acceptable to the cabinet. These continuing education requirements shall be determined by administrative regulation of the cabinet. (3) The cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to carry out the provisions of this section, including guidelines and methods for reviewing and approving continuing education. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 309, sec. 1, effective July 14, 1992.

KRS 223.060 Reciprocal registration agreements with other states

223.060. Reciprocal registration agreements with other states The cabinet is authorized to enter into reciprocal agreements with other states having a registered environmental health specialist's or sanitarian's act or its equivalent, if the qualifications of that state are at least equal to the requirements of this chapter and the regulations promulgated hereunder. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 309, sec. 7, effective July 14, 1992. -- Created 1960 Ky. Acts ch. 102, sec. 6, effective July 1, 1960.

KRS 223.070 Grounds for revocation of certificate -- Hearings

223.070. Grounds for revocation of certificate -- Hearings The cabinet shall have the power to revoke the certificate of registration of any registrant for unprofessional conduct or the practice of any fraud or deceit in obtaining registration, or any gross negligence, incompetency, or misconduct in the practice of environmental health sanitation. Administrative hearings conducted under authority of this section shall be conducted in accordance with KRS Chapter 13B. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 136, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 309, sec. 8, effective July 14, 1992. -- Created 1960 Ky. Acts ch. 102, sec. 7, effective July 1, 1960.

KRS 223.080 Unregistered person not to hold himself out as registered environmental health specialist

223.080. Unregistered person not to hold himself out as registered environmental health specialist No person not registered under the provisions of this chapter shall hold himself out as a registered environmental health specialist nor append to his name the initials "E.H.S." or "R.S.". Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 309, sec. 9, effective July 14, 1992. -- Created 1960 Ky. Acts ch. 102, sec. 8, effective July 1, 1960.

KRS 223.160 Operators of water treatment plant to have certificate of competency -- Limited certificate of competency

223.160. Operators of water treatment plant to have certificate of competency -- Limited certificate of competency (1) It is the intent of KRS 223.160 to 223.220, 223.991, and 224.10 -024 that every operator in responsible charge of a water treatment plant or water distribution system be required to hold a valid and effective certificate of competency issued by the Energy and Environment Cabinet in a class equal to or higher than the class of the particular treatment plant or distribution system where he is currently employed in order to protect the public health. Operators other than those in responsible charge of such facilities shall also be eligible to apply for certification. (2) An operator of a water treatment facility for a school and for a semi public water supply shall be entitled to a limited certificate of competency for his particular facility provided he has demonstrated that he has the knowledge and experience required to operate properly the particular water treatment facility for which he is responsible. A limited certificate of competency so issued is not transferable to any other water treatment facility, nor is the period of operation under such a limited certificate eligible for consideration toward the experience requirements for a certificate of competency as provided in subsection (1) of this section. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 206, sec. 2, effective July 15, 2024. -- Amended 2010 Ky. Acts ch. 24, sec. 336, effective July 15, 2010. -- Amended 1984 Ky. Acts ch. 387, sec. 2, effective July 13, 1984. -- Amended 1976 Ky. Acts ch. 299, sec. 44. - - Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (11). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 37. -- Created 1966 Ky. Acts ch. 156, sec. 1.

KRS 223.170 Certification of competency

223.170. Certification of competency The Energy and Environment Cabinet shall certify persons as to their qualifications to supervise successfully the operation of water treatment plants or water distribution systems after considering the recommendations of the Kentucky Board of Certification of Water and Wastewater System Operators established in KRS 224.10-024. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 206, sec. 3, effective July 15, 2024. -- Amended 2010 Ky. Acts ch. 24, sec. 337, effective July 15, 2010. -- Amended 1976 K y. Acts ch. 299, sec. 45. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (2), (11). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 38. -- Created 1966 Ky. Acts ch. 156, sec. 2.

KRS 223.180 Plants to be classified according to skills required for operation

223.180. Plants to be classified according to skills required for operation The Energy and Environment Cabinet shall classify all water treatment plants and water distribution systems with due regard to size, type, physical conditions affecting such treatment plants and distribution systems, and according to the skill, knowledge and experience that the operator must have to supervise successfully the operation of such water treatment plants and water distribution systems so as to protect the public health. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 338, effective July 15, 2010. -- Amended 1976 Ky. Acts ch. 299, sec. 46. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (11). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 39. -- Created 1966 Ky. Acts ch. 156, sec. 3.

KRS 223.190 Supervisors of plants to be certified as to competency

223.190. Supervisors of plants to be certified as to competency All water treatment plants and water distribution systems, whether publicly or privately owned, shall be under the supervision of an operator whose competency is certified to by the Energy and Environment Cabinet in a grade corresponding to the classification of the water supply system to be supervised. All operators holding valid and effective certificates issued under existing regulations of the State Board of Health on June 16, 1966, may, within the discretion of the Energy and Environment Cabinet, be issued new certificates without examination for any appropriate new classifications that may be established by the regulations adopted hereunder or such certificates may be continued in effect. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 339, effective July 15, 2010. -- Amended 1976 Ky. Acts ch. 299, sec. 47. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (10), (11). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 40. -- Created 1966 Ky. Acts ch. 156, sec. 4.

KRS 223.200 Rules and regulations as to certification of water treatment and water distribution plant operators

223.200. Rules and regulations as to certification of water treatment and water distribution plant operators The secretary of the Energy and Environment Cabinet, with the advice of the board of certification established under KRS 224.10-024, shall adopt rules and regulations as are reasonably necessary to carry out the intent of KRS 223.160 to 223.220, 223.991, and 224.10-024. The rules and regulations may include, but are not limited to, provisions establishing standards for classification of water treatment plants and water distribution systems, provisions establishing qualifications of applicants and procedures for examination of candidates, membership, and duties of the board of certification, provisions relating to the renewal, cancellation or revocation of certificates, including the specifications of the grounds therefor, and such other provisions as are necessary for the administration of KRS 223.160 to 223.220, 223.991, and 224.10-024. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 206, sec. 4, effective July 15, 2024. -- Amended 2010 Ky. Acts ch. 24, sec. 340, effective July 15, 2010. -- Amended 1976 Ky. Acts ch. 299, sec. 48. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(10). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 41. -- Created 1966 Ky. Acts ch. 156, sec. 5.

KRS 223.210 Operation of plant without certificate prohibited

223.210. Operation of plant without certificate prohibited It shall be unlawful for any person, firm, or corporation (municipal or private) to operate a water treatment plant or water distribution system unless the competency of the operator who is in direct responsible charge is duly certified to by the Energy and Environment Cabinet under the provisions of KRS 223.160 to 223.220, 223.991, and 224.10-024. It shall be unlawful for any person to perform the duties of an operator, in direct responsible charge, without being duly certified under the provisions of KRS 223.160 to 223.220, 223.991, and 224.10-024. The Energy and Environment Cabinet may, however, issue provisional certificates for emergency situations. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 206, sec. 5, effective July 15, 2024. -- Amended 2010 Ky. Acts ch. 24, sec. 341, effective July 15, 2010. -- Amended 1976 Ky. Acts ch. 299, sec. 49. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), and (11). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 42. -- Created 1966 Ky. Acts ch. 156, sec. 6.

KRS 223.220 Fees for examinations and certificates

223.220. Fees for examinations and certificates The Energy and Environment Cabinet is authorized to fix a reasonable schedule of fees and charges by regulation to be paid by applicants for examinations, certificates, and renewal certificates. All such fees and charges and other moneys collected by the Energy and Environment Cabinet under the provisions of KRS 223.160 to 223.220 and 223.991 or the rules and regulations of the cabinet shall be paid into the State Treasury and credited to a trust and agency fund to be used by the Energy and Environment Cabinet in carrying out the provisions of KRS 223.160 to 223.220 and 223.991. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 342, effective July 15, 2010. -- Amended 1976 Ky. Acts ch. 299, sec. 50. -- Created 1966 Ky. Acts ch. 156, sec. 7.

KRS 223.400 Definitions for KRS 223.405 to 223.460

223.400. Definitions for KRS 223.405 to 223.460 As used in KRS 223.405 to 223.460, unless the context requires otherwise: (1) "Alteration or repair of a water well" means any maintenance, addition, or change of well or pitless adapter, but does not include replacement or repair of a water pump or associated piping; (2) "Board" means the Kentucky Water Well Certification Board; (3) "Cabinet" means the Energy and Environment Cabinet; (4) "Certificate" means a certificate of competency issued by the secretary stating that the water well driller has met all the requirements for the appropriate classification set forth in KRS 223.405 to 223.460 or by regulation; (5) "Person" means an individual, corporation, partnership, association, municipality, state and federal government, or other public body or other legal entity, or any officer, employee, or agent of any of the foregoing; (6) "Secretary" means the secretary of the Energy and Environment Cabinet; (7) "Water well" or "well" means any excavation or opening in the surface of the earth that is drilled, cored, bored, washed, driven, jetted, or otherwise constructed when the actual or intended use in whole or part of an excavation is the removal of water for any purpose, including but not limited to culinary and household purposes, animal consumption, food manufacture, use of geothermal resources for domestic heating purposes and industrial, irrigation, and dewatering purposes, but not including wells to be used for watering stock or for general farmstead use if the wells do not provide water for human consumption; (8) "Water well driller" means a person who is qualified to engage in the drilling, alteration, or repair of a water well as defined in this chapter; and (9) "Water well driller's assistant" means a person who is qualified to engage in the drilling, alteration, or repair of a water well under the supervision of a certified water well driller who provided the affidavit of supervision required under KRS 223.425(5)(g). Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 4, sec. 1, effective June 27, 2019. -- Amended 2010 Ky. Acts ch. 24, sec. 343, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 212, sec. 1, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 215, sec. 1, effective July 13, 1984.

KRS 223.405 Necessity of certificate

223.405. Necessity of certificate It is unlawful for any person as defined in KRS 223.400, to construct, alter, or repair a water well without first having obtained a valid certificate as a water well driller or as a water well driller's assistant as provided for in KRS 223.425. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 4, sec. 2, effective June 27, 2019. -- Amended 1992 Ky. Acts ch. 212, sec. 2, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 215, sec. 2, effective July 13, 1984.

KRS 223.410 Kentucky Water Well Certification Board

223.410. Kentucky Water Well Certification Board The Kentucky Water Well Certification Board is established. The board shall recommend to the secretary administrative regulations to govern examinations; hearings to suspend, revoke or deny a certificate; and any other duties prescribed by KRS 223.405 to 223.460. The subject matter of such examinations shall include, in addition to any standardized section, testing for knowledge of local laws and regulations. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 215, sec. 3, effective July 13, 1984.

KRS 223.415 Appointments to board -- Meetings -- Payment of expenses

223.415. Appointments to board -- Meetings -- Payment of expenses (1) The board shall be appointed by the Governor upon the advice of the secretary after soliciting recommendations of interested parties. All members of the board shall be residents of the Commonwealth. The board shall be composed of the following: (a) A driller who is an active member of both the National Water Well Association and the Kentucky Water Well Association and whose business is actively involved in drilling water wells. This member shall serve for an initial term of three (3) years; (b) A member who is a representative of the cabinet who shall serve as the executive secretary and treasurer of the board and shall be responsible for maintaining records, to serve for an initial term of three (3) years; (c) A member who is a hydrogeologist or hydrologist from the Kentucky Geological Survey to serve for an initial term of two (2) years; (d) Three (3) members who are water well drillers and who are presently in the business of drilling wells, each representing a different geographic region within the Commonwealth, to serve for an initial term of two (2) years; and (e) A member from the public at large, who shall not be in any way connected with a water well business, to serve for an initial term of two (2) years. (2) Upon the expiration of the respective terms, each successor shall be appointed in the same manner as the predecessor for a term of three (3) years. (3) At the first meeting of the board held in each calendar year, the board shall elect a chairperson who shall serve for one (1) year. A majority of members shall decide upon rules of procedure. (4) The board shall hold as many meetings a year as are necessary to effectuate the purpose of KRS 223.405 to 223.460, but the board must hold at least quarterly meetings. Notice of a meeting shall be sent to each member at least ten (10) days prior to the meeting. Five (5) members shall constitute a quorum. Rules of procedure adopted by the board may provide for such additional meetings as are necessary. (5) The members of the board shall serve without compensation but may be reimbursed for all actual and necessary expenses incurred while discharging their official duties. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 26, sec. 2, effective July 12, 2006. -- Created 1984 Ky. Acts ch. 215, sec. 4, effective July 13, 1984.

KRS 223.420 Duties of cabinet

223.420. Duties of cabinet (1) The cabinet shall: (a) Fix and announce dates for the examinations; (b) Prepare and make available forms for application for a water well driller certificate; (c) See that all examinations for certificates are graded; (d) Prepare and issue certificates to those entitled thereto; (e) Upon recommendation of the board, promulgate rules and regulations as are necessary to carry out the purposes of KRS 223.405 to 223.460, including the conducting of examinations and the suspension and revocation of certificates; (f) Inspect and investigate water wells to ensure compliance with the provisions of KRS 223.405 to 223.460; (g) Maintain and publish annually a register showing the names and addresses of certified water well drillers and distribute a copy of same to each certified individual free of charge; (h) Maintain under the control of the executive secretary and treasurer a record showing: 1. The names and addresses of all certified individuals under KRS 223.425; 2. The dates of issuance and renewal of all certificates; 3. The date and substance of the charges set forth in any complaint for suspension or revocation of any certificate; 4. The date and substance of all petitions for reinstatement of certificates; and 5. The final order on such complaints and petitions. (2) Upon written request the cabinet shall make the information set forth in paragraph (h) of subsection (1) of this section available to any person so requesting. (3) The cabinet may conduct training to further the provisions of KRS 223.405 to 223.460. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 215, sec. 5, effective July 13, 1984.

KRS 223.425 Application for certificate or renewal -- Qualifications of water well driller -- Limited exemption for users of divining rods -- Term of certificate -- Water well driller's assistant card -- Supervision of assistants -- Administrative regulations

223.425. Application for certificate or renewal -- Qualifications of water well driller -- Limited exemption for users of divining rods -- Term of certificate -- Water well driller's assistant card -- Supervision of assistants -- Administrative regulations (1) Application for a certificate, or for renewal thereof, shall be made to the cabinet in writing under oath or affirmation, upon forms prescribed and furnished by the cabinet. The applications shall include: (a) The name and address of the applicant; (b) Prior experience, if any, in the field for which the applicant is applying; (c) Any other information that the cabinet deems necessary in order to carry out the provisions of KRS 223.405 to 223.460; and (d) All past and current licenses held in this or any other state relating to the provisions of KRS 223.405 to 223.460. (2) The cabinet may issue a water well driller certificate to any applicant who meets all of the provisions of KRS 223.405 to 223.460 and: (a) Is at least eighteen (18) years of age; and (b) Is legally permitted to work in the United States; and (c) Has worked for two (2) years under the supervision of a certified water well driller or has other suitable experience or education as determined by the cabinet. For those in business on July 13, 1984, the two (2) year experience requirement shall be deemed satisfied if the driller has engaged in water well drilling, over the two (2) previous years; and (d) Has a passing grade on the examination as determined by the cabinet. (3) Those persons who are water witchers, dowsers, diviners, and any others who use divining rods for the purpose of locating underground water resources shall be exempt from KRS 223.405 to 223.460 for the purpose of locating underground water resources, but are not exempt from the requirements of KRS 223.405 to 223.460 for the purpose of installing water wells. (4) The term of each certificate shall be one (1) year. Each certificate shall carry with it the right to successive renewal upon application and payment of fee, unless the board finds that the certified individual has failed to comply satisfactorily with KRS 223.405 to 223.460 or the regulations promulgated pursuant to KRS 223.420 or 223.435. (5) Application for a certified water well driller's assistant card shall be made on forms prescribed and furnished by the cabinet. Applications shall include the following information: (a) Name and address of the applicant; (b) Prior experience, if any, in the field for which the applicant is applying; (c) Past and current licenses held in the Commonwealth or any other state that relates to KRS 223.405 to 223.460; (d) Proof that the applicant is at least eighteen (18) years of age; (e) Proof that the applicant is legally permitted to work in the United States; (f) Proof that the applicant has a passing grade on examinations required by the cabinet; (g) An affidavit of supervision signed by the certified water well driller, which shall include, at a minimum, the following information: 1. The name and certification number of the certified water well driller; 2. The name of the company under which the certified water well driller works; 3. The name and address of the certified water well driller's assistant to be supervised under the company identified in subparagraph 2. of this paragraph; 4. The effective date when supervision is to begin, and a statement that supervision shall remain in effect until such time as the certified water well driller provides written notice to the Division of Water and the water well driller's assistant of the termination of supervision; 5. The types of duties or operations to be performed by the water well driller's assistant while under supervision of the certified water well driller, and a statement that the work to be performed shall be in accordance with all applicable statutes and administrative regulations; and 6. Notarized signatures of the certified water well driller and the certified water well driller's assistants; and (h) Any other information that the cabinet deems necessary in order to carry out KRS 223.405 to 223.460. (6) The water well driller's assistant card shall be effective for one (1) year and shall be subject to successive renewal upon submission of application and payment of prescribed fee by the cabinet unless: (a) The cabinet finds that the certified water well driller's assistant has failed to comply with any of the provisions of KRS 223.405 to 223.460 or the administrative regulations promulgated thereunder; or (b) The certified water well driller's assistant has failed to maintain an annual minimum of eight (8) hours of continuing education credits. (7) A certified water well driller is allowed to supervise a maximum of two (2) certified water well driller's assistants at any given time. (8) The water well driller's assistant shall be under the certified water well driller's direct supervision when constructing, modifying, abandoning, or testing a water well. (9) The cabinet shall promulgate administrative regulations to establish the required forms, process, examination, fees, affidavit of supervision, requirements of direct supervision by the certified driller, and any other requirements necessary for the implementation of the water well driller's assistant certification program. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 4, sec. 3, effective June 27, 2019. -- Amended 1992 Ky. Acts ch. 212, sec. 3, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 209, sec. 1, effective March 30, 1990. -- Created 1984 Ky. Acts ch. 215, sec. 6, effective July 13, 1984.

KRS 223.430 Liability coverage -- Surety bond

223.430. Liability coverage -- Surety bond (1) Each application for issuance or renewal of a certificate shall be accompanied by a proof of either split limits liability coverage for bodily injury of at least twenty-five thousand dollars ($25,000) per person with an aggregate of at least fifty thousand dollars ($50,000) and for property damage of at least fifty thousand dollars ($50,000) per accident with an aggregate of at least one hundred thousand dollars ($100,000), or single limits liability coverage of not less than one hundred thousand dollars ($100,000) for all damages whether arising out of bodily injury or damage to property as a result of any one (1) accident or occurrence. Notice shall be given by certified mail to the executive secretary and treasurer of the board by the insurer upon lapse of coverage by the insurance company for any reason, including nonpayment of premiums. (2) Prior to the issuance of a driller certificate, proof of a surety bond must be filed along with the application for a certificate. The penal sum of this bond shall be five thousand dollars ($5,000), with the applicant designated as the principal obligor and the Commonwealth designated as the obligee. The surety may be called on by the secretary if the certified individual violates any design standards adopted as administrative regulations pursuant to KRS 223.420 or 223.435 or provision of KRS 223.405 to 223.460. The surety bond shall be used for the express purposes of correcting the violations. Notice of lapse of coverage for any reason by the surety shall be given by certified mail to the executive secretary and treasurer of the board by the surety. (3) A water well driller's assistant shall work under the liability insurance and surety bond of the supervising certified water well driller, as required under subsections (1) and (2) of this section, unless the water well driller's assistant provides the cabinet proof that he or she obtained liability insurance or a surety bond. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 4, sec. 4, effective June 27, 2019. -- Amended 1992 Ky. Acts ch. 212, sec. 4, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 249, sec. 1, effective April 3, 1986. -- Created 1984 Ky. Acts ch. 215, sec. 7, effective July 13, 1984.

KRS 223.435 Regulations

223.435. Regulations The secretary, upon recommendation of the board, shall promulgate administrative regulations establishing standards of practice for water well construction. The secretary shall utilize the manual of water well construction practices as the guidance document in the development of standards and regulations. These standards and regulations shall be proposed within one (1) year of July 13, 1984, and shall be included as a component of the certification program. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 215, sec. 8, effective July 13, 1984.

KRS 223.440 Records of water well drillers

223.440. Records of water well drillers (1) A water well driller certified under KRS 223.425 shall keep a record of each water well that is constructed, altered, or sealed after July 13, 1984, and shall furnish a signed copy of such record to the cabinet within thirty (30) days after the completion of the construction or alteration. A copy of the record shall be furnished to the property owner by the driller within thirty (30) days of completion of the well. Each record required under this section shall be in a form prescribed by the cabinet and shall show: (a) The name and address of the owner of the well and the persons constructing or altering the well; (b) A sketch showing the distance from any road, intersection, septic tank drain fields and permanent structures; (c) The dates of commencement and completion of the construction or alteration of the well; (d) The depth, diameter, and type of casing; (e) The kind of joint couplings; (f) Information on screens and type of completion; (g) The discharge in gallons per minute and the shut-in pressure in pounds per square inch of a flowing well; (h) The static water level with reference to the land surface and estimation of well yield, and the drawdown with respect to the amount of water yielded per minute; (i) The kind, nature, approximate thickness and water-bearing capacity of the material in each stratum penetrated that shows the presence of water, with at least one (1) entry for each change in rock types; (j) The type and amount of disinfectant used and the date of disinfection; and (k) A water well driller's assistant shall not be authorized to certify records related to the construction, modification, abandonment, or testing of a water well. (2) Where the well is for potable use the well driller shall be responsible for having the well tested for fecal coliform and the initial disinfection of the well. The driller shall provide the well owner and the cabinet with the written results of any and all testing and a written assurance that the well has been properly disinfected, within thirty (30) days of well completion. (3) A copy of the record shall be furnished by the cabinet to the Kentucky Geological Survey. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 4, sec. 5, effective June 27, 2019. -- Created 1984 Ky. Acts ch. 215, sec. 9, effective July 13, 1984.

KRS 223.445 Fees

223.445. Fees The secretary, upon recommendation of the board, shall establish by regulation a system of fees, provided that the fees shall not exceed reasonable costs of administering the certification, certificate renewal, testing, inspection, certificate suspension and revocation activities provided for in KRS 223.405 to 223.460. All fees obtained under this program shall be deposited in a trust and agency account for the sole use of the board and the cabinet in administering the certification program, and shall not become part of the general fund. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 215, sec. 10, effective July 13, 1984.

KRS 223.447 Fees for certification and examination of water well drillers and assistants

223.447. Fees for certification and examination of water well drillers and assistants (1) An applicant for a water well driller certification or a water well driller's assistant certification shall be subject to a fee by the cabinet of fifty dollars ($50). (2) An applicant to take a water well driller's certification examination or a water well driller's assistant certification examination shall be subject to a fee by the cabinet of eighty dollars ($80). (3) An applicant for a water well driller's certification or a water well driller's assistant certification, upon notification by the cabinet that all requirements have been met for certification, shall be subject to a certification fee by the cabinet of two hundred dollars ($200) for initial certification. (4) An applicant for the renewal of a water well driller's certificate or the renewal of a water well driller's assistant certificate shall be subject to a renewal fee by the cabinet of two hundred dollars ($200). Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 4, sec. 6, effective June 27, 2019. -- Created 1990 Ky. Acts ch. 471, sec. 7, effective July 13, 1990.

KRS 223.450 Compliance with KRS 223.405 to 223.460 necessary to work in Kentucky

223.450. Compliance with KRS 223.405 to 223.460 necessary to work in Kentucky All water well drillers and water well driller's assistants, before doing any water well related work in Kentucky, must comply with KRS 223.405 to 223.460 notwithstanding comparable state provisions in states other than Kentucky. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 4, sec. 7, effective June 27, 2019. -- Created 1984 Ky. Acts ch. 215, sec. 11, effective July 13, 1984.

KRS 223.455 Inspections by cabinet

223.455. Inspections by cabinet The cabinet may make such unannounced inspections as it deems necessary to determine compliance of certified individuals with the provisions of KRS 223.405 to 223.460. The cabinet shall also have the right to enter consistent with due process upon any and all property for the purpose of obtaining information about water well construction, whether idle, in use or abandoned. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 215, sec. 12, effective July 13, 1984.

KRS 223.460 Action for damages for injury to person or property

223.460. Action for damages for injury to person or property Any person who is injured in his person or property through the violation of any rule, regulation, order, or determination issued pursuant to KRS 223.405 to 223.460 may bring an action for damages, including reasonable attorney and expert witness fees, in the Circuit Court of the county in which the water well related activity complained of is located. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 215, sec. 13, effective July 13, 1984.

KRS 223.990 Penalty

223.990. Penalty Any person violating KRS 223.080 may be fined not more than one thousand dollars ($1,000) or imprisoned not more than six (6) months. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 309, sec. 10, effective July 14, 1992. -- Created 1960 Ky. Acts ch. 102, sec. 8, effective July 1, 1960.

KRS 223.991 Penalties

223.991. Penalties (1) Any person, firm or corporation (municipal or private) who violates any provisions of KRS 223.160 to 223.220 or the rules and regulations adopted thereunder shall be liable to a civil penalty not to exceed the sum of one thousand dollars ($1,000) for said violation and an additional civil penalty not to exceed one thousand dollars ($1,000) for each day of operation in violation of KRS 223.160 to 223.220 or of the rules and regulations adopted thereunder. In addition, the person, firm or corporation may be enjoined in the manner set forth in KRS Chapter 224 from continuing such violations. (2) Any person who fails to comply with the certification provisions of KRS 223.425 shall be liable for a civil penalty of not less than two thousand five hundred dollars ($2,500) and not more than five thousand dollars ($5,000) per occurrence, and in addition may be concurrently enjoined from any such violations as hereinafter provided. (3) Any person certified under the provisions of KRS 223.425, who violates KRS 223.405 to 223.460 or fails to perform any duties imposed by these sections, or who violates any determination, rule, regulation or order or determination of the secretary promulgated pursuant thereto may be subject to proceedings for certificate suspension or revocation, or nonrenewal of a certificate. (4) It shall be the duty of the cabinet to institute an action for the recovery of the penalties herein provided for, and to bring an action for an injunction against any person violating or threatening to violate the certification provisions of KRS 223.425 or violating or threatening to violate any order or determination of the cabinet promulgated pursuant thereto. (5) Any person found guilty of violating the certification provisions of KRS 223.425 or the rules and regulations adopted thereunder shall be guilty of a misdemeanor and may be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation or imprisoned not more than thirty (30) days or both. Each day the violation continues shall be considered a separate violation. (6) Civil and criminal penalties shall not be deemed mutually exclusive. (7) All enforcement proceedings shall be conducted pursuant to KRS Chapter 224, and all certificate revocation and enforcement actions shall be subject to the administrative and judicial procedures contained in KRS Chapter 224. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 26, sec. 1, effective July 12, 2006. -- Amended 1984 Ky. Acts ch. 215, sec. 14, effective July 13, 1984. -- Amended 1976 Ky. Acts ch. 250, sec. 1. -- Created 1966 Ky. Acts ch. 156, sec. 8.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38282Fetched: 10/20/2026