| Material Information
||Legal responsibility of contractors, subcontractors, lessors and lessees
||Letter re: Legal responsibility of contractors, subcontractors, lessors and lessees requiring registration as well driller.
||Oct. 29, 1969
||North America -- United States of America -- Florida
||Box 3, Folder 2 ( SWFWMD (R) HISTORY - LAWS, RULES FIRST ORDERS - B3F2 ), Item 11
||Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
October 29, 1969
Mrs. S. Melodic Oleson, Hydrogeologist
Southwest Florida Water
Management District (Regulatory)
P. 0 Box 457
-roIoksville, Florida 33512
.e:i Legal responsibility of
contractors, subcontractors, lessors and lessees
Your letter of October 24, 1969
Dear Mrs. Oleson:
The new rules require that every person that constructs any
well shall be registered as a well driller. Therefore, it
would be necessary for Henry werner to either be a registered
well driller or to contract with a registered well driller for
the drilling of a well withinn the Regulatory District.
If Mr. Werner engages in "the producing of any well, including
the construction, alteration or repair thereof* he must first
be registered as a well driller. I see nothing wrong with him
hiring a registered well driller to actually perform the work.
Under those circumstances, Mr. Werner would be responsible to the
Person he hired for payment for services and the person who
actually did the well construction would be responsible to the
district for protecting the water resources of the district and
for complying with the rules and regulations.
If an owner of well drilling equipment leases that equipment
to a drilling firm, and the owner is not using the equipment
in connection with any well construction operations, such owner
would have no legal responsibility to the district. The lessee
would be responsible for marking the equipment and for supervising
the manner in which it is used.
As a general guideline, the rules and regulations apply to the
person ho actually performs the well construction activity, i.e.
the well driller. The rules and regulations are not directed
toward the owners of equipment so long as the owners of the equip-
ment have nothing to do with the operation of the equipment in
connection with well construction.
Mrs. S. M. Oleson 10/29/69 2
The rules and regulations do not direct themselves to who is
going to pay for well construction and I see nothing in the
rules which would prevent a pump sales and service outfit from
agreeing to pay a well driller for constructing a well for a
person who is buying a pump from the sales and service outfit.
However, the permits would have to be applied for and obtained
in the regular manner as prescribed by the rules and regulations.
If you have any questions please call me.
L. M. Blain