justicedao/ipfs_state_laws huggingface dataset:
690-240-0055 License Required to Construct Monitoring Wells (1) Unless otherwise provided in these rules, any person who constructs, alters or abandons monitoring wells for another person shall have a Monitoring Well Constructor’s License or work under the supervision of a licensed Monitoring Well Constructor. (2) If a person advertises services or enters into contracts for the construction, alteration or abandonment of monitoring wells for another person, that person shall furnish a Water Well Constructor’s Bond or Irrevocable Letter of Credit in the amount specified under ORS 537.753 to the Water Resources Commission and must be a licensed Monitoring Well Constructor. (3) A property owner who is not licensed under ORS 537.747 who constructs, alters, or abandons a monitoring well on their own property shall have a Landowner Well Permit as described in OAR 690-240-0340 for each monitoring well on which work is done. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090, 537.505 - 537.795 & HB 2296A (2017) History: WRD 7-2017, amend filed 12/18/2017, effective 01/01/2018 WRD 2-2006, f. & cert. ef. 6-20-06 WRD 4-2004, f. & cert. ef. 6-15-04 WRD 1-2003, f. & cert. ef. 3-14-03 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0060 Monitoring Well Constructor License Examination (1) The Water Resources Department administers the written examination required under ORS 537.747. Separate examinations are administered for each license endorsement. The Department schedules the examination on the second Monday during the months of January, April, July and October. Examinees must pay a $20 exam fee. Special accommodations may be given to those individuals who cannot attend the regularly scheduled examination dates. Requests shall be considered on a case-by-case basis. The examination tests the applicant's knowledge of: (a) Oregon laws and administrative rules on the use of ground water, monitoring well constructor licensing requirements, basic information on hydrogeology, the construction of monitoring wells and/or geotechnical holes, and the preparing and filing of Start Cards and Monitoring Well Reports; (b) Hydrogeology, the occurrence and movement of ground water and contaminants, and the design, construction and development of monitoring wells; and (c) Types, uses, and maintenance of drilling tools and equipment, drilling problems and corrective procedures, repair of faulty monitoring wells, sealing of monitoring wells, and safety rules and practices. (2) An applicant who fails to pass an endorsement examination may retake an examination for the same endorsement after three months and the payment of another examination fee. (3) Passing examination scores are valid for three years from the date of the examination. Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 2-2006, f. & cert. ef. 6-20-06 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0070 Terms of Monitoring Well Constructor License and License Fees (1) The Department issues all Monitoring Well Constructor licenses. License fees are established by ORS 537.747. A penalty applies to late renewals. (2) Fees for new licenses and renewal licenses are the same. The fee for a two-year license is $150. All licenses expire on June 30 of the second year. (3) A $100 penalty applies when a licensee renews a license within 12 months of the expiration date. There is no charge for a Trainee Card. (4) Monitoring Well Constructors who have not made arrangements with the Water Resources Department to pay civil penalties which are assessed against them shall not be issued a license renewal or a new license until after arrangements for payment have been agreed to by the Department. Monitoring Well Constructors who have made arrangements for payment of civil penalties and have failed to meet the terms of the agreement, except in certain cases of bankruptcy, may not have their license renewed or a new license issued until all outstanding civil penalties owed to the Department have been paid. Statutory/Other Authority: ORS 536.027, ORS 537.505-537.795, ORS 536.900, ORS 536.090 & ORS 537.992 Statutes/Other Implemented: ORS 537.505-537.795, ORS 536.900, ORS 536.090 & ORS 537.992 History: WRD 3-2023, minor correction filed 03/21/2023, effective 03/21/2023 WRD 2-2006, f. & cert. ef. 6-20-06 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0200 Continuing Education Committee A Continuing Education Program and Continuing Education Committee are established under chapter 496, Oregon Laws 2001 (ORS 537.765). The duties of the Well Constructors Continuing Education Committee are to review and approve continuing education courses and assign continuing education credits. Statutory/Other Authority: ORS 537 & 742 Statutes/Other Implemented: ORS 537 & 742 History: WRD 1-2003, f. & cert. ef. 3-14-03
690-240-0210 Continuing Education Requirement (1) Each individual licensed under ORS 537.747 is required to obtain a minimum of 14 continuing education credits (CECs) during each licensing period regardless of the number of licenses or endorsements held. Continuing education credits may be obtained through clinics, schools, professional organizations, seminars, lectures or other continuing education courses that relate to the practice of well construction and are approved by the Continuing Education Committee. (2) A minimum of two (2) CECs shall pertain to ground water and well construction statutes under ORS 537.505 to 537.795 and 537.992, and administrative rules under OAR 690-200 through 690-240 during each licensing period. (3) A maximum of eight (8) CECs may be obtained through approved safety/first aid/CPR/Hazardous Materials courses during each licensing period. Of the eight (8) CECs, a maximum of four (4) CECs may be obtained through Hazardous Materials training courses and a maximum of four (4) CECs may be obtained through safety/first aid/CPR courses. (4) Exhibitions shall count as one (1) CEC per approved exhibition attended and shall not exceed two (2) CECs per licensing period. (5) Licensees may count approved CECs accumulated after January 1, 2002, for their first license renewal that requires CECs. Statutory/Other Authority: ORS 537.992, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 536.090 Statutes/Other Implemented: ORS 537.992, ORS 537.505-537.795, ORS 536.900 & ORS 536.090 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 1-2003, f. & cert. ef. 3-14-03
690-240-0220 Documentation (1) Each licensee is responsible for maintaining their continuing education records. Except as provided in OAR 690-240-0270(2), each licensee shall provide the Department with evidence of compliance with the continuing education requirement on a form approved by the Continuing Education Committee prior to or at the time of license renewal. (2) Licensees who do not provide documentation of completion of the continuing education requirement or receive a waiver shall not have their license(s), or appropriate endorsement(s), renewed until this requirement is satisfied. (3) Licensees who provide documentation of completion of the continuing education requirement within the 12 months after their license expires may either pay the $100 late penalty fee or requalify for a new Monitoring Well Constructor’s License or endorsement in accordance with ORS 537.747(3). If a licensee fails to provide documentation of completion of the continuing education requirement within 12 months after expiration of their license or endorsement the person must comply with the requirements of ORS 537.747(3) for a new Monitoring Well Constructor’s License or endorsement. (4) CECs acquired during a renewal period in excess of the minimum CECs required may not be applied to future licensing periods. (5) When an individual obtains a new Monitoring Well Constructor’s License that expires within 14 months or less, the continuing education requirement shall be prorated such that only seven (7) CECs are required at the first renewal. Of the seven (7) required CECs: (a) A maximum of two (2) CECs may be in Hazardous Materials training; (b) A maximum of two (2) CECs may be in safety/first aid/CPR; and (c) A minimum of one (1) CEC shall pertain to ground water and well construction statutes under ORS 537.505 to 537.795 and 537.992, and administrative rules under OAR 690-200 through 690-240. Statutory/Other Authority: ORS 537 & 742 Statutes/Other Implemented: ORS 537 & 742 History: WRD 2-2006, f. & cert. ef. 6-20-06 WRD 1-2003, f. & cert. ef. 3-14-03
690-240-0240 Approved Course List/Course Approval and Assignment of CECs (1) The Department shall maintain a Continuing Education Committee-approved list of courses. The list shall include, but not be limited to, the course title, class location and date, cost, (if applicable), and CECs assigned. (2) The Continuing Education Committee shall evaluate all courses related to continuing education for well constructors and may assign CECs. The Continuing Education Committee shall notify the course sponsor in writing of the results of their evaluation of the course material. The following criteria may be utilized to evaluate and assign CECs: (a) Course agenda and how well the subject relates to monitoring well construction and other borings regulated by the Department; (b) Instructor qualifications; (c) Subject difficulty; (d) Student course evaluations, if applicable; and (e) Other information as appropriate. (3) A licensee who is also the instructor of an approved continuing education course shall be entitled to double CECs for that course. A licensee who is also the instructor of an approved course, may only receive CECs for the course once during a single renewal period, regardless of the number of times a course is presented. (4) The following courses do not require pre-approval by the Continuing Education Committee: (a) First Aid and CPR, provided the instructor is certified by the American Red Cross, or has certification accepted by the American Red Cross; (b) Occupational Safety and Health Administration (OSHA) approved Hazardous Materials Training; and (c) OSHA approved courses pertaining to the well construction industry. Statutory/Other Authority: ORS 537 & 742 Statutes/Other Implemented: ORS 537 & 742 History: WRD 1-2003, f. & cert. ef. 3-14-03
690-240-0250 Course Sponsor Requirements (1) Course sponsors shall submit a completed application for approval to the Continuing Education Committee on a form(s) provided by the Department at least 45 days prior to the date the course is to be presented. Approved sponsors shall: (a) Advertise the course to the satisfaction of the Continuing Education Committee; (b) Provide the Department with a certified class roster within 30 days after completion of the course; (c) Provide documentation of completion to each qualifying attendee that shall include at a minimum: course title, course date(s), number of approved credits, and instructor and/or sponsor signature; and (d) Maintain the certified class roster for two years. (2) All clinics, courses, classes, workshops, and seminars shall be open to anyone who wants to attend. This does not preclude a sponsor from imposing reasonable requirements for attendance such as fees, maximum occupancy limits, and requiring attendees to provide their own safety equipment. (3) Course approval and assigned CECs shall be effective for two years as long as the course remains the same. The Continuing Education Committee shall be notified in writing by the course sponsor, 45 days in advance of each time an approved continuing education course is presented. Such notification shall include the course title, date, class location, cost (if applicable), number of credits assigned, and a statement that the program has not changed from the course previously approved by the Continuing Education Committee. Statutory/Other Authority: ORS 537 & 742 Statutes/Other Implemented: ORS 537 & 742 History: WRD 1-2003, f. & cert. ef. 3-14-03
690-240-0260 Loss of Approval The Continuing Education Committee may withdraw or suspend approval of a course if it is determined that any of the following has occurred: (1) The course content has changed without notice to the Continuing Education Committee; (2) The course was not advertised to the satisfaction of the Continuing Education Committee; (3) Documentation of completion has been issued to an individual who did not attend or complete the course in accordance with the provisions under which the course was approved; (4) Documentation of completion was not given to all individuals who satisfactorily completed the course in accordance with the provisions under which the course was approved; (5) A certified class roster was not maintained by the sponsor for two years; (6) Fraud or misrepresentation has occurred with the application for course approval, maintenance of records, teaching method, course content, or issuance of certificates for a course; or (7) Any other factor the Continuing Education Committee deems appropriate. Statutory/Other Authority: ORS 537 & 742 Statutes/Other Implemented: ORS 537 & 742 History: WRD 1-2003, f. & cert. ef. 3-14-03
690-240-0270 Courses Taken Without Prior Approval (1) Except as provided in OAR 690-240-0210(5), a licensee may request that the Continuing Education Committee assign CECs for courses taken without prior approval within the current licensing period. (2) The licensee shall supply verification of attendance, a course outline, and a written explanation as to why prior approval was not obtained. This information must be received in the Salem office of the Department no later than May 15 of the year that their license or appropriate endorsement expires. (3) Courses taken without prior approval shall be evaluated by the Continuing Education Committee on a case-by-case basis using the criteria outlined in OAR 690-240-0240(2). This shall not apply to courses that do not require pre-approval under OAR 690-240-0240(4). Statutory/Other Authority: ORS 537 & 742 Statutes/Other Implemented: ORS 537 & 742 History: WRD 1-2003, f. & cert. ef. 3-14-03
690-240-0280 Waivers (1) The Director may waive the continuing education requirements for a licensed Monitoring Well Constructor upon written request demonstrating inability to attend continuing education courses because of health, military duty or other circumstances beyond the control of the constructor. (2) Licensees who are denied a waiver may appeal to the Commission by filing a written exception with the Department within 60 days of service of the Director's order. Statutory/Other Authority: ORS 537 & 742 Statutes/Other Implemented: ORS 537 & 742 History: WRD 2-2006, f. & cert. ef. 6-20-06 WRD 1-2003, f. & cert. ef. 3-14-03
690-240-0320 Contracting for Services Only Oregon licensed and bonded Monitoring Well Constructors may advertise services or enter into a contract, either written or oral, to construct, alter, convert, or abandon a monitoring well. Any written bid for a project which includes the construction, alteration, conversion, or abandonment of a monitoring well must provide: (1) A bid or estimate for the work associated with monitoring well construction signed by a Monitoring Well Constructor, who is licensed and bonded in the State of Oregon. (2) A statement by the licensed and bonded Monitoring Well Constructor that the work will be completed in accordance with Oregon Ground Water Law (ORS Chapter 537) and the Rules for the Construction, Maintenance, Alteration, Conversion, and Abandonment of Monitoring Wells, Geotechnical Holes, and Other Holes in Oregon (OAR chapter 690, division 240). Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 2-2006, f. & cert. ef. 6-20-06 WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0075 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0330 Monitoring Well Constructor and Landowner Well Bonds or Letters of Credit (1) The Water Resources Department shall accept bonds only from corporations licensed by the Oregon Department of Insurance and Finance to issue fidelity and surety insurance. The Water Resources Department shall accept irrevocable letters of credit only from a bank as described in ORS 706.008. (2) If the issuing corporation cancels a bond, the corporation shall provide notice of cancellation to the Water Resources Department by registered or certified mail. If the issuing bank cancels a letter of credit, the bank shall provide notice of cancellation to the Water Resources Department by registered or certified mail. The cancellation shall not take effect earlier than the 30th day after the date of mailing in accordance with ORS 742.366(2). (3) When issuing a final enforcement order that may place a bond or irrevocable letter of credit in jeopardy, the Director may mail a copy of the order to the address of record of the surety company issuing the bond, or the bank issuing the irrevocable letter of credit. (4) All wells shall be constructed under a bond or irrevocable letter of credit. The bond or letter of credit shall cover construction, alteration, conversion, or abandonment for each well under that bond or letter of credit for a period of three years after the date the well report is filed with the commission, whether or not the bond or letter of credit has been subsequently canceled. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 2-2006, f. & cert. ef. 6-20-06 WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0080 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0340 Landowner Well Construction Permit, Fee and Bond (1) The Water Resources Commission requires a permit, permit fee, and bond or irrevocable letter of credit, for each monitoring well constructed, altered, converted, or abandoned by a landowner, unless the landowner is a licensed and bonded Monitoring Well Constructor. The landowner permit and bond shall be obtained prior to beginning work on a well. (2) To receive a Landowner Well permit, a person must submit the following to the Director: (a) A completed application form provided by the Commission, containing, as a minimum: (A) The property owner's name, address and telephone number; (B) The surety company's name, address and telephone number; (C) The proposed location of the well by township, range, section, tax-lot number if assigned, and street address; (D) The proposed use of the monitor well; and (E) The type of proposed work; and (F) Well design plan on form approved by the Department. (b) A properly executed Landowner's Water Well Bond or Irrevocable Letter of Credit in the amount specified under ORS 537.753 to the State of Oregon; and (c) A permit fee in the amount specified under ORS 537.753. (3) Only the owner of record, a member of the immediate family of the owner of record, or a full time employee of the owner of record, (whose main duties are other than the construction of wells), may operate a well drilling machine under a landowner's permit. (4) A landowner permit issued pursuant to these rules shall expire six months from the date of issuance. A monitor well report shall be submitted within 30 days of expiration of the landowner permit, or within 30 days of completion of the well, whichever occurs first. The report shall be certified as correct by signature of the landowner constructing the monitoring well. (5) If the landowner permit expires, a landowner may reapply for a new landowner permit by complying with the requirements described in sections (1), (2) and (3) of this rule. (6) The Department may deny a landowner permit if it is determined that the construction, alteration, abandonment, or conversion of the proposed well is a health threat, a health hazard, a source of contamination, or a source of waste of the ground water resource. Statutory/Other Authority: ORS 536.027, ORS 537.505-537.795, ORS 536.090, ORS 536.900 & ORS 537.992 Statutes/Other Implemented: ORS 536.090, ORS 536.900 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 7-2017, amend filed 12/18/2017, effective 01/01/2018 WRD 2-2006, f. & cert. ef. 6-20-06 WRD 4-2004, f. & cert. ef. 6-15-04 WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0082 WRD 2-2002, f. & cert. ef. 9-6-02 WRD 7-2001, f. & cert. ef. 11-15-01
690-240-0355 Monitoring Well Drilling Machines (1) All monitoring well drilling machines being operated, other than under a landowner's permit, shall be plainly marked either with the bonded Monitoring Well Constructor's license number, the name of the bonded Monitoring Well Constructor, or the name of the well drilling business. The markings shall be permanently affixed on each side of the machine. Good quality paint or commercial decal numbers shall be used in placing the identification information on the drilling machine. In no case shall the constructor's license number, name, or business name, be inscribed with crayon, chalk, marking keel, pencil, or other temporary markings. (2) In all cases, the license number, name, or business name, of the bonded Monitoring Well Constructor shall be removed from the drilling machine immediately upon change of ownership or change of control of the drilling machine. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 5-2015, f. & cert. ef. 7-1-15 WRD 2-2006, f. & cert. ef. 6-20-06 WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0085 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 14-1990, f. & cert. ef. 8-9-90