Arkansas Code § 17-50-108 - Exemptions -- Limitations

(a) Where the Commission on Water Well Construction finds that compliance with all requirements of this chapter would result in undue hardship, an exemption from any one (1) or more such requirements may be granted by the commission to the extent the exemption can be granted without impairing the intent and purpose of this chapter.

(b) Nothing in this chapter or any rule, regulation, or order pursuant to it shall prevent a person who has not obtained a license pursuant to §§ 17-50-303 and 17-50-304 from constructing, altering, or repairing a water well or installing or repairing a pump or pumping equipment for use by him or her on his or her own land. This chapter shall not apply to any person owning, operating, and maintaining on May 27, 1969, any such well unless it constitutes a public health hazard.

(c) (1) (A) No well in existence on May 27, 1969, shall be required to conform to the provisions of § 17-50-205 or any rules or regulations adopted pursuant thereto.

(B) However, any well abandoned or repaired, including any well deemed to have been abandoned, as defined in this chapter, shall be brought into compliance with the requirements of this chapter and applicable rules or regulations with respect to abandonment of wells.

(2) Any well supplying water which is determined by the commission to be a health hazard must comply with the provisions of this chapter and applicable rules and regulations within a reasonable time after notification of the determination has been given.

(d) This chapter shall not apply to any distribution of water beyond the point of discharge from any storage or pressure tank, or beyond the point of discharge from the pump if no tank is employed, nor to any well, pump, or other equipment used temporarily for dewatering purposes.

(e) A county, municipality, or other political subdivision of the state engaged in well drilling shall be exempt from paying the license or rig fees for the operations performed for the political subdivision by employees of and with equipment owned by the governmental entity.

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Last modified: November 15, 2016