1. (1) The Water Resources Director, upon the Director's own initiative, or upon complaint alleging violation of statutes, standards or rules governing licensing of Monitoring Well Constructors and/or, construction, alteration, conversion, maintenance, or abandonment of monitoring wells, geotechnical holes or other holes may cause an investigation to determine whether a violation has occurred. If the investigation indicates that a violation has occurred, the Director shall notify the persons believed responsible for the violation including but not limited to:

   1. (a) Any Monitoring Well Constructor involved;
   2. (b) The landowner, if the violation involves construction, alteration, conversion, maintenance, operation or abandonment of a well, geotechnical hole, or other hole;
   3. (c) The agency that has been delegated authority over a particular class of wells, geotechnical holes, or other holes and/or
   4. (d) Any registered geologist or civil engineer in construction, alteration, or abandonment of a geotechnical hole.
2. (2) Enforcement and civil penalty assessment for "other than well constructors" is described in OAR 690-260.

3. (3) See Table 240-4 for a description of the well construction enforcement process.

   [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 536.090, ORS 537.505-537.7952, ORS 536.027, ORS 536.900, ORS 537.992 & ORS 183.310-183.550

Statutes/Other Implemented

ORS 536.090, ORS 537.505-537.7952, ORS 536.900, ORS 537.992 & ORS 183.310-183.550

History

WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0150
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90