Missouri Revised Statutes
Chapter 256 - Geology, Water Resources and Geodetic Survey
Section 256.616 - Performance bond or letter of credit may be required — conditions.

Effective - 28 Aug 1997
256.616. Performance bond or letter of credit may be required — conditions. — A well installation contractor or pump installation contractor who has had a permit revoked or a person found guilty of a class A misdemeanor in accordance with section 256.637 shall provide to the division a performance bond or letter of credit in order to obtain a permit.
(1) The bond or letter of credit required by this section shall be:
(a) Conditioned upon faithful compliance with the conditions and terms of sections 256.600 to 256.640; and
(b) In such amount as determined by the division to ensure compliance with the procedures, rules and regulations, and standards established pursuant to sections 256.600 to 256.640, but shall not exceed ten thousand dollars or be less than one thousand dollars. When setting the amount, the division shall consider the total number of wells drilled or pumps installed and the average cost of each well drilled or serviced by the applicant;
(2) Such performance bond, placed on file with the director, shall be in one of the following forms:
(a) A performance bond, payable to the director and issued by an institution authorized to issue such bonds in this state; or
(b) An irrevocable letter of credit issued in favor of and payable to the director from a commercial bank or savings and loan having offices in the state of Missouri;
(3) The requirement for a performance bond or a letter of credit by a well installation contractor or pump installation contractor who has had a permit revoked, or a person who has been found guilty of a class A misdemeanor in accordance with section 256.637 shall cease after two consecutive years of well drilling or pump installation in accordance with the provisions of sections 256.600 to 256.640, and any rules or regulations promulgated pursuant to sections 256.600 to 256.640;
(4) Upon a determination by the division that a well contractor or pump installation contractor has failed to meet standards as set out in sections 256.600 to 256.640 and the rules and regulations promulgated thereunder, the division shall notify the well installation contractor or pump installation contractor that the bond or letter of credit will be forfeited and the moneys placed in the groundwater protection fund for remedial action, if that person does not bring the well or borehole up to the standards established pursuant to sections 256.600 to 256.640 within sixty days after notification of such determination has been given;
(5) If a well is not brought up to the standards established pursuant to sections 256.600 to 256.640 within the sixty-day notification period the division may, upon expiration of the notification period, expend whatever portion of the bond or letter of credit is necessary to hire another contractor to bring the well or borehole up to standards or to construct a new well.
­­--------
(L. 1991 S.B. 221, A.L. 1997 S.B. 342)

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVI - Conservation, Resources and Development

Chapter 256 - Geology, Water Resources and Geodetic Survey

Section 256.010 - State geologist — appointment — duties.

Section 256.030 - Governor, state geologist — powers.

Section 256.040 - Oath of office — private consulting prohibited.

Section 256.050 - State geologist and assistants — duties.

Section 256.055 - Revolving fund for cash transactions involving the sale of Division of Geology and Land Survey items established.

Section 256.060 - Survey of water resources.

Section 256.070 - Maintenance of cabinet collection.

Section 256.080 - Duty of assistants.

Section 256.090 - Information released to press — confidential material released, when — use of collections by educational institutions.

Section 256.100 - Additional technical work — authorization.

Section 256.110 - Cooperation with federal agencies.

Section 256.112 - Mine map repository established in office of state geologist — contents to be maps of closed or abandoned underground mines.

Section 256.113 - Maps to be open for inspection in presence of authorized personnel — copies made with consent of owner, exceptions.

Section 256.115 - State geologist to acquire maps — owners or operators of underground mines closed permanently or temporarily to furnish true copies, when, contents.

Section 256.117 - Funding for operation of map repository from document services fund — money from sales of maps or products deposited in fund.

Section 256.120 - Geodetic surveyors may enter on lands.

Section 256.130 - Damages — hearings — procedure.

Section 256.140 - Costs, how adjusted.

Section 256.150 - Appeals.

Section 256.155 - Interstate earthquake emergency compact.

Section 256.170 - Definitions.

Section 256.173 - Cities and counties to be furnished geologic hazard assessment prepared by division of geology and land survey.

Section 256.175 - High seismic risk area data — duties of department.

Section 256.200 - Duties and powers of commission.

Section 256.230 - Bonds of members and employees.

Section 256.250 - Public agencies to cooperate with commission.

Section 256.260 - Reports of commission.

Section 256.280 - Definition.

Section 256.290 - Water development fund created, purposes — funds not to revert.

Section 256.300 - Commission may contract with federal agencies.

Section 256.310 - Duties of commission.

Section 256.320 - Basis of payment — debt to be lien on property, how collected.

Section 256.330 - Commission to report to legislature, contents.

Section 256.340 - Legislature may appropriate from fund, purposes.

Section 256.350 - Law not to affect existing contracts.

Section 256.360 - Commission to protect public interest in federal reservoirs.

Section 256.400 - Definitions.

Section 256.405 - Purpose to develop information for future water resource management — water usage law applicable to — exemptions.

Section 256.410 - Major water users withdrawing or diverting water required to file registration with division, content.

Section 256.415 - Nuisance, unregistered diversion of water by major water user — injunction — injunction dissolved, when.

Section 256.420 - Inspection by state geologist — court order if permission refused.

Section 256.425 - Division to compile information to determine water needs and usage of state — staff limitation.

Section 256.430 - Department may accept gifts, grants — law not to be construed to limit common law water rights.

Section 256.433 - Southeast Missouri regional water district, limitation on withdrawal or diversion by major water users.

Section 256.435 - Citation of law.

Section 256.437 - Definitions.

Section 256.438 - Fund created, use of moneys--rulemaking authority.

Section 256.440 - Multipurpose water resource program established, department to administer — state may participate in water resource project, when.

Section 256.443 - Plan, content — approval of plan by director — eligibility of projects to receive contributions, grants or bequests for construction or renovation costs, limitation.

Section 256.445 - Political subdivision, with sponsor's plan approved, submit to voters ballot to incur debt, issue bonds, levy and collect taxes — bonds, procedure to issue — rate of tax — how calculated — collection.

Section 256.447 - Rulemaking authority.

Section 256.450 - Citation of law.

Section 256.453 - Definitions.

Section 256.456 - Geology work to be performed under supervision of registered geologist, when — reports, supervised by registered geologist — prohibited designations, when — penalty.

Section 256.459 - Board of geologist registration created — members, qualifications, appointment — public members — terms — bond not required — attorney general to represent board — expenses, reimbursement, compensation, rules authorized.

Section 256.462 - Meetings of board — officers — rules — examinations, preparation of — certificates of registration, issuance of, code of professional conduct — suspension, revocation of certificate, when — specialty fields, board may recognize.

Section 256.465 - Fund, established — fees to be set by board, limit.

Section 256.468 - Application for certification, contents, requirements — examination required — geologist-registrant in-training, designation — board, powers and duties.

Section 256.471 - Exempt activities.

Section 256.474 - Failure to abide by requirements, board may reprimand.

Section 256.477 - Prohibited activities, penalties — board to revoke certificate, when.

Section 256.480 - Complaints, board shall investigate, procedures — board may issue order, powers — appeal of order or action of board.

Section 256.483 - Alteration of document prohibited, when, penalty — false evidence or testimony, penalty — action under expired certificate of registration, penalty.

Section 256.600 - Title of law.

Section 256.603 - Definitions.

Section 256.605 - Well installation board established — membership — terms — qualifications.

Section 256.606 - Rules and regulations — applicants' qualifications.

Section 256.607 - Well installation contractor, permit — heat pump installation contractor, permit.

Section 256.611 - Application, qualifications.

Section 256.613 - Written examinations.

Section 256.614 - Notice to division, when — forms — registration and certification, fee — encountering gas or oil.

Section 256.615 - Abandoned wells, plugging required — test holes, plugging — confidentiality of information — penalty.

Section 256.616 - Performance bond or letter of credit may be required — conditions.

Section 256.617 - Drilling rigs, how marked — rig permits.

Section 256.620 - Certain wells exempted from regulation.

Section 256.621 - Surface water tracing, registration required — renewal — documentation required.

Section 256.623 - Fees — appeals process for disciplinary action.

Section 256.626 - Promulgation of rules and regulations — heat pump coolants, preference.

Section 256.628 - Obligation to plug abandoned well, notification — information to be filed, form — inspection, injunction, penalty.

Section 256.630 - Violations of the law, suspension, revocation — procedure, appeals.

Section 256.633 - Injunctions — attorney general to represent division.

Section 256.635 - Audit of division — groundwater protection fund, purpose.

Section 256.637 - Violations of law, civil and criminal penalties.

Section 256.640 - Rules, procedure.

Section 256.641 - Definitions.

Section 256.643 - Southeast Missouri regional water district, certain counties may be included — governed by commission.

Section 256.645 - Counties to adopt plan to set boundaries of district — meeting of landowners — notice requirement.

Section 256.647 - Qualified voters to elect chairman and secretary — vote to become part of district and to select one commissioner, elections procedure.

Section 256.649 - Counties not joining may subsequently join, procedure — commissioners' qualifications.

Section 256.651 - Meeting of commission, location — terms of office, how determined — vacancies — per diem — oath.

Section 256.653 - President and secretary to be elected, qualifications, terms — commission's powers and duties.

Section 256.655 - Fees may be established for persons owning irrigation wells — qualification, limitation — to raise fee must submit to voters.

Section 256.657 - Secretary of commission to serve as treasurer — salary, expenses, staff and equipment — bond requirement — deposit of funds — duties — annual audit — report — warrants, form.

Section 256.660 - Disincorporation of district, procedure.

Section 256.670 - Definitions — geographical information system, public access — community creation of system — fee — licensing of system, factors — construction of law — liability shield.

Section 256.700 - Surface mining, fee — director to require fee, when — amount of fee — expiration date — rulemaking authority.

Section 256.705 - Fund created, use of moneys.

Section 256.710 - Industrial minerals advisory council created, members, duties, terms, vacancies.