justicedao/ipfs_state_laws huggingface dataset:
690-225-0050 Factors Affecting Selection of Type and Degree of Enforcement In selecting the appropriate type and degree of enforcement, the Director may consider the following factors: (1) Whether the constructor's file demonstrates a pattern of prior similar violations; (2) Whether the respondent has cooperated in attempting correction of any violation in a timely fashion; (3) The gravity and magnitude of the violation, including whether there is an immediate or long-term threat to human health or the ground water resource; (4) Whether the damage to the ground water resource is reversible; (5) Whether the violation in the instances cited was repeated or continuous; (6) Whether a cause of the violation was an unavoidable accident; (7) The opportunity and degree of difficulty to correct the violation; (8) The cost to the Department, except for travel costs and the initial field investigation, in attempting to gain voluntary compliance of the cited violation. The costs may be considered until the Department receives respondent's answer to the written notice and opportunity for hearing; and (9) Any other relevant factor. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86
690-225-0060 Change in Enforcement Status (1) In the interest of achieving compliance, the Director at any time may reevaluate the status of the violations and take appropriate action, including reduction of the enforcement level or remission of all or part of any civil penalties assessed. (2) The Director may terminate proceedings against a Water Supply Well Constructor if the constructor provides acceptable evidence that: (a) The landowner does not permit the constructor to be present at any inspection made by the Director; or (b) That the constructor is capable of complying with recommendations made by the Director, but the landowner does not permit the constructor to comply. In such cases, the landowner is responsible for bringing the well into compliance pursuant to ORS 537.535, and if the landowner was not a party to the original enforcement proceeding the Director may initiate a proceeding to ensure that the landowner does so. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 2-2006, f. & cert. ef. 6-20-06 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86
690-225-0100 Assessment of Civil Penalties Under OAR 690-225-0030(1) the Director may at any time select the most appropriate enforcement tool, including assessment of civil penalties, to gain compliance. However, the Director shall not impose a civil penalty if compliance has been achieved in another manner prior to final decision in the proceeding. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 13-1986, f. 10-7-86, ef. 11-1-86
690-225-0110 Schedule of Civil Penalties (1) The amount of civil penalty shall be determined consistent with the following schedule: (a) Not less than $50 nor more than $250 for each occurrence defined in these rules as a minor violation; (b) Not less than $200 nor more than $1,000 for each occurrence defined in these rules as a major violation; (c) First occurrence, in a calendar year, of a missing or late start card fee shall be $150; (d) Second occurrence, in a calendar year, of a missing or late start card fee shall be $250; (e) Third, and each subsequent, occurrence, in a calendar year, of a missing or late start card fee shall be $250 and may include suspension of the Water Supply Well Constructor’s license, and any other action authorized by law. (f) First occurrence, in a calendar year, of a missing or late exempt ground water use recording fee shall be $150; (g) Second occurrence, in a calendar year, of a missing or late exempt ground water use recording fee shall be $250; (h) Third, and each subsequent, occurrence, in a calendar year, of a missing or late exempt ground water use recording fee shall be $250 and may include suspension of the Water Supply Well Constructor’s license, and any other action authorized by law. (2) For purposes of assessing a civil penalty, the start card fee referred to in subsections (1)(c), (d), and (e) of this rule shall not be considered late if it is received in the Salem office of the Water Resources Department within five days of the receipt of the start card, provided the start card was submitted in a timely manner as described in ORS 537.762 and OAR 690-205-0200. (3) For purposes of assessing a civil penalty, the exempt ground water use recording fee referred to in subsections (1)(f), (g), and (h) of this rule shall not be considered late if it is received in the Salem office of the Water Resources Department within five days of the receipt of the water supply well report, provided the well report was submitted in a timely manner as described in ORS 537.765 and OAR 690-205-0210. (4) Table 225-1 lists minor violations of well construction standards. All other violations are declared to be major. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 527.992, ORS 183 & ORS 536.027 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 527.992 & ORS 183 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 10-1989, f. & cert. ef. 11-20-89 WRD 7-1989(Temp), f. & cert. ef. 9-29-89 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86
690-230-0005 Policy and Purpose (1) All low-temperature geo-thermal fluids are part of the groundwater resources of the State of Oregon and shall be administered by the Water Resources Commission (Commission) under the provisions of ORS 537.010 to 537.796. The Commission recognizes that these fluids are developed primarily because of their thermal characteristics and that special management is necessary. Reservoir assessment of low-temperature geothermal fluids shall be conducted by the Commission in the same manner as groundwater investigations outlined in ORS 537.665 and 537.685. (2) In areas where substantial thermal alteration exists, the Commission may declare a critical groundwater area, or may otherwise control use of groundwater, or order the discontinued use, repair or permanent abandonment of a well(s) causing substantial thermal alteration, in order to protect the thermal characteristics of the groundwater resource. The Commission may also regulate appropriations to limit thermal interference between wells. Low-temperature geothermal appropriations with a bottom hole temperature less than 60 degrees Fahrenheit (F) shall not be protected from thermal interference caused by groundwater appropriations for other purposes. (3) The purpose of the following rules is to provide standards and procedures for the development, use and management of low-temperature geothermal fluids, while insuring proper management of all groundwater resources so maximum beneficial use of the resource will be most effectively attained. (4) These rules supplement OAR 690-200-0005 to 690-225-0110. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 18-1990, f. & cert. ef. 12-14-90 WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-065-0005 WRD 5-1986, f. 5-16-86, cert. ef. 5-19-86 WRD 12-1982, f. & cert. ef. 12-14-82
690-230-0030 Construction of Low-Temperature Geothermal Production and Injection Wells (1) Low-temperature geothermal production and injection wells shall be constructed in conformance with applicable rules (OAR 690-200-0005 to 690-225-0110) with specific additions and modifications as described in OAR 690-230-0005 to 690-230-0140. (2) Low-temperature geothermal production and low-temperature geothermal injection wells shall be constructed in a manner that protects groundwater from contamination, waste and loss of artesian pressure, and substantial thermal alteration. (3) If utilization of the well causes heating or cooling of the casing resulting in thermal expansion or contraction of the casing to the point that adherence to the minimum well construction standards will not prevent or eliminate groundwater contamination, groundwater waste, or loss of artesian pressure, or substantial thermal alteration, then the licensed well constructor shall submit a written request to the Director to use alternate construction methods and/or materials to prevent groundwater contamination, groundwater waste, loss of artesian pressure, and substantial thermal alteration. Written approval from the Director must be obtained prior to completion of the well. (4) A well constructor or owner of a low-temperature geothermal production or injection well may submit well construction plans to the Department for assistance and review of construction details. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 18-1990, f. & cert. ef. 12-14-90 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0015 WRD 12-1982, f. & ef. 12-14-82
690-230-0040 Location of Low-Temperature Geothermal Injection Wells Not Exceeding 15,000 Gallons Per Day (1) No low-temperature geothermal injection well with an anticipated injection rate of less than 15,000 gallons per day shall be located within 75 feet of any existing low-temperature geothermal production well utilizing the same groundwater reservoir without authorization from the Director, unless both the production and injection wells are owned or used by the same person. (2) A request to construct a low-temperature geothermal injection well within 75 feet of a low-temperature geothermal production well shall be made in writing to the Director. The request shall list the names and addresses of the property owners, street addresses of the wells, and shall state the reason(s) for locating the injection well closer than 75 feet to the production well. The Director may approve construction of an injection well closer than 75 feet to a production well only if the Director determines that the hydrologic and thermal conditions described in OAR 690-230-0110(1) justify the closer spacing. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 18-1990, f. & cert. ef. 12-14-90 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0020 WRD 12-1982, f. & ef. 12-14-82
690-230-0045 Location of Low-Temperature Geothermal Injection Wells Exceeding 15,000 Gallons Per Day The owner of any low-temperature geothermal injection well having an anticipated injection rate of greater than 15,000 gallons per day is required to have a separation distance between the low-temperature geothermal injection and production wells that is adequate to protect the production wells from substantial thermal interference. The Director shall make a decision on the proposed separation distance based on information supplied by the owner as per OAR 690-230-0115. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537 History: WRD 18-1990, f. & cert. ef. 12-14-90
690-230-0050 Description of Proposed Well Use (Start Card) For any low-temperature geo-thermal production or injection well, the report required under ORS 537.762 prior to commencing well construction shall identify the intended use of the well, the owner’s name and the owner’s mailing address. Statutory/Other Authority: ORS l83, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 18-1990, f. & cert. ef. 12-14-90 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0025 WRD 12-1982, f. & ef. 12-14-82
690-230-0060 Identification of Intended Well Use (Well Log) Any low-temperature geothermal production or injection well shall be clearly identified as such on the water supply well report filed with the Water Resources Department under ORS 537.765. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 18-1990, f. & cert. ef. 12-14-90 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0025 WRD 12-1989, f. & ef. 12-14-82
690-230-0070 Well-Head Protection Equipment Adequate well-head equipment to insure public safety and the protection of the groundwater resource shall be immediately installed on any low-temperature geothermal production well or low-temperature geothermal injection well when the temperature of the fluid being withdrawn from, being pumped from, or flowing from the well bore exceeds 65°C (150°F). A variance from the requirement for well-head protection equipment may be granted if a written request demonstrates that the equipment is not necessary to safely complete the well. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 18-1990, f. & cert. ef. 12-14-90 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0035 WRD 12-1982, f. & ef. 12-14-82
690-230-0075 Disposal of Low-Temperature Geothermal Fluids Produced During Drilling and Testing Low-temperature geothermal fluids produced during drilling or testing of a low-temperature geothermal production or injection well shall be disposed of in a manner that minimizes hazards. For additional requirements on the disposal of low-temperature geothermal fluids produced during well drilling or testing, contact the Oregon Department of Environmental Quality. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537 History: WRD 18-1990, f. & cert. ef. 12-14-90
690-230-0080 Pump Testing of Low-Temperature Geothermal Injection Wells with an Anticipated Injection Rate of Less than 15,000 Gallons Per Day (1) All low-temperature geothermal injection wells with an anticipated injection rate of less than 15,000 gallons per day shall be pump tested for a period of at least one hour. Test results must be recorded by the well constructor on the water supply well report. This minimum test shall be conducted as follows: (a) Prior to testing, the static water level in the well shall be measured and recorded; (b) The water shall be pumped into or from the well at a measured and steady rate. The pumping or withdrawal rate shall approximate the maximum anticipated injection rate; (c) For tests that withdraw water from the well, only bailing or pumping the well is acceptable; and (d) At a minimum the water level in the well shall be measured and recorded both at the end of pumping and after one hour of recovery. (2) The Director may require the well owner to provide a more detailed test, separate from the water well report, that could include, but is not limited to, increased frequency of water level measurement, increased test duration and increased monitoring of observation wells. Such modifications will be required when possible impacts resulting from the development include, but are not limited to, thermal or hydrologic interference with existing water rights, water quality degradation or physical or mechanical failure of the well structure. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 18-1990, f. & cert. ef. 12-14-90 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0040 WRD 5-1986, f. 5-16-86, ef. 5-19-86 WRD 12-1982, f. & ef. 12-14-82
690-230-0090 Water Temperature Measurement The water supply well report prepared for any low-temperature geothermal well that is tested by pumping water from the well, shall include the temperature of the fluid as measured at the discharge point at the beginning and end of a timed production test as well as the maximum fluid temperature attained during the test. Bailing or pumping the well are acceptable methods of withdrawing water from the well during the test. Air testing is not acceptable. (2) The well report prepared for any low-temperature geothermal well that is tested by pumping water into the well shall include the maximum temperature in the borehole and its corresponding depth. (3) The well constructor is required to provide the temperature data on the water well report. The Director may use other temperature data in making the final determination of the bottom hole temperature. Statutory/Other Authority: ORS 183, 536, 637 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 18-1990, f. & cert. ef. 12-14-90 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0045 WRD 5-1986, f. 5-16-86, ef. 5-19-86 WRD 12-1982, f. & ef. 12-14-82
690-230-0100 Additional Standards for Low-Temperature Geothermal Injection Wells Procedures required to inject effluent into a low-temperature geothermal injection well shall not cause failure of the well casing and/or seal materials or other components of the well structure, including but not limited to, movement, displacement or fracturing of the overburden. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 18-1990, f. & cert. ef. 12-14-90 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0050 WRD 5-1986, f. 5-16-86, ef. 5-19-86 WRD 12-1982, f. & ef. 12-14-82
690-230-0110 Injection Plan for Wells with an Anticipated Injection Rate Not Exceeding 15,000 Gallons Per Day No low-temperature geothermal injection well shall be used for injection without approval of the Director in accordance with OAR 690-210-0070. The injection plan for the proposed injection of less than 15,000 gallons per day to a low-temperature geothermal injection well will consist of a water well report for both the injection and production wells. These well reports shall be sent to the Director for review. If the injection well has not yet been constructed, or if a water supply well report is not available for the injection or production well, acceptable data that shall be submitted as part of the injection plan include, but are not limited to, the following: geological information of the area, depth of the well(s) in question, water well reports from nearby wells, static water level data or water quality data from the well(s) in question. After review of the well reports, or other acceptable data, the Director may require water quality testing, as per OAR 690-230-0115(1) and (2), if the Director deems it necessary. The water quality testing may be required in situations that include, but are not limited to, injection into a ground water reservoir that is different from the producing ground water reservoir, or when the well is of poor construction. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 18-1990, f. & cert. ef. 12-14-90 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0055 WRD 12-1982, f. & ef. 12-14-82
690-230-0115 Injection Plan for Wells with an Anticipated Injection Rate Exceeding 15,000 Gallons Per Day No low-temperature geothermal injection well shall be used for injection without approval of the Director in accordance with OAR 690-210-0070. The injection plan for the proposed injection of greater than 15,000 gallons per day to a low-temperature geothermal injection well shall include, but is not limited to, the following: (1) Details of well construction, including water supply well reports for the production well and the injection well. (2) Description of the number and location of water bearing zones from both production and injection wells. (3) Water temperature data from both the production and injection wells. (4) Water level data from both the production and injection wells. If information from the well report is not sufficient to determine the effects of injection, the Director may require additional geologic or hydrologic information, including but not limited to, temperature/depth logs of the wells. (5) Water quality information including analysis by a laboratory certified by the Oregon Health Division for drinking water standards for the following parameters: arsenic, boron, calcium, carbonate or bicarbonate, chloride, fluoride, iron, magnesium, manganese, pH, potassium, silica, sodium, specific conductance, sulfate, suspended solids, total dissolved solids, and total coliform bacteria. If the low-temperature geothermal effluent is suspected to be of poor water quality or to be otherwise incompatible with the water in the receiving zone in the injection well, the Director may require additional specific water quality data. If the information on the well reports for the wells involved is not sufficient to determine the effects of injection, the Director may require additional geologic or hydrologic information, including but not limited to, temperature/depth logs of the wells. The Director may waive the requirement for specific portions or all of the chemical analyses if the fluid quality is known to be suitable for the intended production and injection. (6) A map indicating the location and elevation of both the production well and the injection well in accordance with OAR 690-230-0045. All maps shall be drawn to a standard, even scale of not less than 4 inches = 1 mile. Small area maps may be more easily and clearly drawn to a larger scale, such as 1 inch = 400 feet. The well owner shall submit injection plans to the Director indicating proposed separation distances between production and injection wells on the parcel of land on which the production well is located, on the parcel of land on which the injection well is located, and on all adjacent parcels of land, as well as land surface elevation at each well head. (7) Any planned safeguards to prevent substantial thermal or hydrologic interference with existing rights to appropriate ground water and surface water and alteration of existing or potential drinking water supplies. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 18-1990, f. & cert. ef. 12-14-90
690-230-0120 Water Rights Procedure Processing of Applications The appropriator shall make application for a water right to appropriate low-temperature geothermal fluid unless an exemption is provided for under ORS 537.545. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 18-1990, f. & cert. ef. 12-14-90 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0060 WRD 12-1982, f. & ef. 12-14-82