Committee adopts replacement Water Well Regulations to tighten certification, permitting and inspection rules

The Legislative Rule-Making Review Committee approved a complete replacement of the West Virginia Water Well Regulations (64 CSR 19) during its meeting Sept. 10, 2025, in the Senate Judiciary Committee Room. House Counsel Charlie Roskovensky presented the abstract and the full replacement text; Delegate Hornby moved to strike the existing rule and insert the new rule in its entirety, and the amendment was adopted. On motion of Senator Rucker the committee approved the rule as amended.

The new rule, promulgated under authority citing W. Va. Code §§16-1-4, 16-1-6(n), 16-1-9 and 16-1-9a, establishes certification classes for drillers and pump installers (master, journeyman, apprentice), prescribes application and permit procedures, and defines enforcement authority for the Commissioner of the West Virginia Bureau for Public Health. Key provisions listed in the approved text include: a scope that covers drillers and pump installers where the pump is contained in or withdraws from a well; a sunset provision terminating the rule on August 1, 2028; a requirement that permits be obtained at least 15 calendar days before work unless emergency procedures apply; and an emergency-permit process that requires a certified well driller to contact the Commissioner no later than the next business day and to submit a completed application and completion report within five calendar days.

The replacement rule provides detailed definitions (for example, ‘‘potable water well,’’ ‘‘dewatering well,’’ and ‘‘pump installer’’), sets out completion-reporting timelines (completion reports due within 30 calendar days), and authorizes Commissioner inspections and water sampling. The rule also prescribes certification examination and experience requirements: master and journeyman drillers must meet specified years of experience and minimum exam scores (70 percent), and pump installers must demonstrate experience or qualify under a grandfathering provision if actively engaged prior to the effective date.

On financial and compliance matters the rule sets bonding and insurance requirements for contractors. The Commissioner may require a contractor’s bond payable upon forfeiture, with the bond amount to be determined by the Commissioner but not to exceed $5,000. The rule allows the Commissioner, in lieu of a bond, to accept an irrevocable letter of credit issued by an approved bank.

The continuing education program in the rule requires periodic continuing-education hours for certificate renewal. The transcript lists multiple numeric values for continuing-education and fee items (for example, continuing-education hour totals and certification fees where both $150 and $300 are mentioned for certain entries); the transcript text leaves some of those figures ambiguous as to whether they are proposed, current, or amended amounts. Where the transcript provides a single clear requirement (for example, completion reports due within 30 days or emergency-permit notifications within one business day), this article reports those specifics verbatim from the committee record.

The rule authorizes civil and administrative penalties under W. Va. Code §6-1-9a and potential civil or criminal penalties under W. Va. Code §§16-1-9, 16-1-9a and 16-1-18 for violations. The Commissioner may revoke or deny permits and certifications for noncompliance, and the rule establishes an administrative due-process procedure that incorporates the Department of Health’s contested-case rules (64CSR1).

The committee’s approval completes the statutory rule-review step at the Legislative Rule-Making Review Committee. Chairman Delegate Smith announced the committee’s next meeting will be Oct. 8; the committee adjourned after Senator Rucker moved to do so.

This action places new statewide regulatory requirements on well drillers, pump installers, and contractors; it also centralizes inspection and enforcement authority with the Bureau for Public Health’s Commissioner. The rule text approved by the committee supplies specific timelines and obligations for permit applicants, operators, and certifying officials.