BEFORE THE BOARD OF WATER WELL CONTRACTORS AND

THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 36.21.415 pertaining Board of Water Well Contractors' fees

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On April 10, 2013, at 9:00 a.m., the Department of Natural Resources and Conservation will hold a public hearing in the Fred Buck Conference Room (bottom floor), Water Resources Building, 1424 Ninth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

            2.  The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the department no later than March 29, 2013, to advise us of the nature of the accommodation that you need.  Please contact Art Robinson, Department of Natural Resources and Conservation, P.O. Box 201601,1424 Ninth Avenue, Helena, MT  59620-1601; telephone (406) 444-6643; fax (406) 444-0533; e-mail arobinson@mt.gov.

 

3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            36.21.415  FEE SCHEDULE

            (1)  Application and examination

            (a)  Contractors                                                                  $300.00 $375

            (b)  Drillers                                                                            250.00 $275

            (c)  Monitoring well constructor                                        300.00 $375

            (2)  Re-examination

            (a)  Water well contractor                                                   150.00 $175

            (b)  Water well driller                                                           125.00 $150

            (c)  Monitoring well constructor                                        150.00 $175

            (3)  Renewal

            (a)  Contractor                                                                      270.00 $375

            (b)  Driller                                                                              170.00 $275

            (c)  Monitoring well constructor                                        270.00 $375

            (d)  Contractor/monitoring well constructor                    295.00

            (e) (d)  Monitoring well constructor/water well driller    275.00 $375

            (f) through (h) remain the same, but are renumbered (e) through (g).

            (4)  Late renewal                                                                    75.00 $150

            (a) through (8) remain the same.

 

            AUTH:  37-43-202, MCA

            IMP:  37-43-202, 37-43-303, 37-43-305, 37-43-307, MCA

 

REASONABLE NECESSITY: The Board of Water Well Contractors is required to set fees commensurate with program costs (37-43-202, MCA). Based on an evaluation of program cost and revenues, an increase in fees is necessary.  233 people will be affected with a total increase in revenue of $23,000 annually.  The renewal fee for contractor/monitoring well constructor has been removed because it is obsolete.  A licensed contractor does not need a separate license to construct monitoring wells (37-43-302(1), MCA).

 

            4.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Art Robinson, Department of Natural Resources and Conservation, P.O. Box 201601,1424 Ninth Avenue, Helena, MT  59620-1601; telephone (406) 444-6643; fax (406) 444-0533; e-mail arobinson@mt.gov, and must be received no later than 5:00 p.m. on April 11, 2013.

 

5.  Art Robinson, Department of Natural Resources and Conservation, has been designated to preside over and conduct this hearing.

 

            6.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding conservation districts and resource development, forestry, oil and gas conservation, trust land management, water resources, or a combination thereof.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to Lucy Richards, PO Box 201601, 1625 Eleventh Avenue, Helena, MT 59620; fax (406) 444-2684; e-mail lrichards@mt.gov; or may be made by completing a request form at any rules hearing held by the department.

 

7.  An electronic copy of this proposal notice is available through the department's web site at http://www.dnrc.mt.gov.  The department strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.

 

8.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

/s/  John E. Tubbs                                                    /s/   Fred Robinson

JOHN E. TUBBS                                                      FRED ROBINSON

Director                                                                      Rule Reviewer

Natural Resources and Conservation

 

Certified to the Secretary of State on March 4, 2013.