Contracts for noncomplying installations

Contracts for noncomplying installations.

(1) Well and heat exchange drillers, pump installers and well constructors shall ensure that the construction and reconstruction of wells, heat exchange drillholes or the installation of pumping equipment adheres to all the applicable provisions of this chapter or to approved comparable construction or installation requirements. Well and heat exchange drillers, pump installers and well constructors may not enter into any agreement, written or oral, for construction, reconstruction or installation which does not require compliance with the applicable provisions of this chapter or with approved comparable construction or installation requirements.

(2) When there is any construction, reconstruction or equipment installation on a noncomplying feature, the feature shall be upgraded and brought into compliance with the specifications in this chapter for new construction. The well driller or pump installer shall inform the water system owner or user of the water system of other noncomplying features, that are apparent and known, in writing on a department form. A copy of the form shall be filed with the department by the well driller, pump installer or by the water system owner or user within 10 days after the initial evaluation of the water system has been completed if the required repairs are not made.