justicedao/ipfs_state_laws huggingface dataset:
690-240-0410 Monitoring Well Construction: General (1) Monitoring well components, including well screens, casings and annular sealant should be selected based on known site characteristics to ensure the well will last for the duration of the monitoring program. (2) No monitoring well shall be used for domestic, public water supply, industrial, commercial, or agricultural purposes unless it meets the minimum construction standards for water supply wells, OAR 690-200 to 690-230. (3) No completed monitoring well shall interconnect aquifers, including low yielding aquifers. (4) The start card number shall be permanently attached, stamped or engraved on the outer well casing or permanent protective well cover, not on a removable cap. (5) No monitoring well shall be constructed as a multiple completion well without prior special standard approval as specified in OAR 690-240-0006. (6) Horizontal wells shall only be constructed with prior special standard approval only as specified in OAR 690-240-0006. (7) The borehole diameter shall be at least four inches larger than the nominal casing diameter except as noted in OAR 690-240-0525 concerning piezometers. If the monitoring well is constructed using a hollow stem auger drilling machine, the inside diameter of the auger must be at least four inches larger than the nominal diameter of the casing to be installed, except as noted in OAR 690-240-0525 concerning piezometers. (8) Materials which foster or promote undesirable organic growth or have the potential to degrade water quality shall not be employed in the construction of the monitoring well. (9) After completion, the landowner is responsible for maintaining the well in an approved condition. If the well is damaged, the well protection system and casing shall be restored as prescribed by these rules. If the well is damaged beyond repair, the well shall be properly abandoned in accordance with OAR 690-240-0510. (10) A well identification label shall be attached to every new well and to every altered or repaired well that does not already have a label. The label must be easily visible on the outside of the casing on an above grade completion and inside the vault of a flush grade monument. In cases where a geotechnical hole or other hole is converted into a monitor well, a well identification label must be attached to the completed well in the same fashion as required for a new or altered well. (11) Any deviation from these rules requires special standard approval as specified under OAR 690-240-0006. Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 536.027 & 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 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0100 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
690-240-0420 Well Protection (1) Every monitoring well shall be capped and protected using one of the following methods: (a) If the well is cased with metal and completed above the ground surface, a lockable cap with lock shall be attached to the top of the casing; (b) If the well is completed above the ground surface, and is not cased with metal, a metal protective casing shall be installed around the well. The protective casing shall extend at least six inches above the top of the well casing and at least two feet into the ground. A cap shall be attached to the top of the well casing and a lockable lid with lock shall be attached to the top of the protective casing; and (c) If the well is completed below ground surface, a lockable, watertight cap with lock shall be attached to the top of the casing. A vault or monument, designed to be watertight, level with the ground surface, shall be installed to prevent the inflow of surface water. The cover must be designed to withstand the maximum expected loadings. (2) All wells completed above ground shall have a minimum casing height of one foot above finished grade and shall be protected from damage by three metal posts at least three inches in diameter, set in and filled with concrete. The protective posts shall be installed in a triangular array around the casing and at least two feet from it. Each post shall extend at least three feet above and three feet below the ground surface. (3) If the well is to be protected by other surface protection methods, the bonded constructor shall obtain special standards from the Department as specified in OAR 690-240-0006. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0110 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
690-240-0430 Casing (1) The constructor shall consider the following factors when selecting monitoring well casing: (a) The casing installed shall not be readily reactive with the subsurface environment according to best available knowledge; (b) The casing installed shall not adversely affect or interfere with the chemical, physical, radiological, or biological constituents of interest according to best available knowledge; (c) The collapse strength of all casing used in monitoring well construction must be great enough to withstand the pressure exerted by the annular seal during seal placement, including heat of hydration. (2) All monitoring well casing shall conform to at least 304 or 316 stainless steel, polytetrafluoroethylene PTFE, Schedule 40 PVC casing, or other casing materials rated and approved by ASTM for monitoring well construction. (3) All casing installed shall be in new or like new condition, being free of pits or breaks, and shall be cleaned of foreign materials and contaminants prior to installation, unless removed from the manufacturer's packaging on site. (4) An approved special standard is required to use steel casing that requires welding in the construction of a monitoring well. This does not apply to temporary casing that is used during the construction of the monitoring well but is removed prior to completion. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 3-2024, amend filed 04/01/2024, effective 04/01/2024 WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0115 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
690-240-0440 Additional Standards for Artesian Monitoring Wells (1) Monitoring wells penetrating into an artesian aquifer shall have an upper oversize drillhole at least four inches greater in diameter than the nominal diameter of the permanent well casing except as noted in OAR 690-240-0525 concerning piezometers. Watertight unperforated casing shall extend and be sealed, according to OAR 690-240-0475, at least five feet into the confining interval immediately overlying the artesian water-bearing zone. (2) If an artesian monitoring well flows at land surface, the well shall be equipped with a control valve and a watertight mechanical cap, threaded or welded, so that all flow of water from the well can be completely stopped. (3) All flowing artesian monitoring wells shall be equipped with a pressure gauge placed on a dead-end line. A petcock valve shall be placed between the gauge and well casing. (4) All flowing artesian monitoring wells shall be tested for artesian shut-in pressure in pounds per square inch and rate of flow in cubic feet per second, or gallons per minute, under free discharge conditions. This data shall be reported on the well report. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 5-2016, f. & cert. ef. 9-6-16 WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0118 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
690-240-0450 Cleaning (1) All drill cuttings and fluids from drilling, cleaning and development shall be properly managed during construction, alteration or abandonment to protect ground water from contamination. (2) The landowner or the landowner's agent is responsible for management of drill cuttings and fluids left on site after well construction, alteration or abandonment is completed. (3) To prevent cross-contamination between wells, the drill rig and all drilling equipment shall be cleaned before and after well construction by one of the following methods: (a) Detergent washing and rinsing with potable water; (b) High pressure hot water cleaning; (c) Steam cleaning; or (d) Other methods as approved by the Water Resources Department. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0120 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
690-240-0460 Monitoring Well Screen, Filter Pack, and Filter Pack Seal (1) The screen and filter pack, when properly designed and installed, allows a water quality sample to be collected that is representative of water in the formation. (2) The well screen shall: (a) Be commercially fabricated and constructed of material that is not knowingly readily reactive with the subsurface environment; (b) Have a collapse strength great enough to withstand the pressures exerted during construction and development of the monitoring well; (c) Be in new or like new condition, being free of pits or breaks; (d) Be cleaned using methods outlined in OAR 690-240-0450(3); and (e) Be centered in the borehole. (3) The use of lead packers with the screen sections is prohibited. (4) A bottom cap or end plug shall be attached to each well casing. (5) The filter pack shall: (a) Consist of clean, chemically inert, well rounded material; (b) Not extend more than three feet above the top or one foot below the bottom of the well screen; and (c) Be placed in such a manner as to ensure placement opposite the well screen without bridging or size segregation. (6) The filter pack seal shall consist of: (a) A two foot thick layer of fine grained sand above the filter pack if a grout or grout slurry is used; and/or (b) A minimum of a three foot thick layer of dry bentonite. If a grout slurry is to be used as the annular seal, the bentonite shall be adequately hydrated prior to placement of the annular seal to prevent grout infiltration into the filter pack. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0126 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
690-240-0485 Monitoring Well Development (1) The monitoring well development shall not affect the integrity of the casing or seal. Monitoring well development shall not occur prior to 24 hours after annular seal placement if cement grout or a bentonite grout slurry is used, or 12 hours after annular seal placement if dry bentonite is used. The well may be developed prior to placement of the annular sealing material. (2) The monitoring well development should: (a) Remove any water or drilling fluid introduced into the well during drilling; (b) Stabilize the filter pack and formation materials opposite the well screen; (c) Minimize the amount of fine-grained sediment entering the well; and (d) Maximize well efficiency. (3) As long as the well is not altered, the monitoring well development may be performed by other than a licensed and bonded Monitoring Well Constructor. 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 690-240-0131 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
690-240-0500 Completion of Monitoring Wells (1) A Monitoring Well Constructor or permitted landowner constructing their own well shall not remove the drilling machine from a monitoring well site, unless it is immediately replaced by another monitoring well drilling machine in operating condition, prior to completion or abandonment of the monitoring well in compliance with OAR 690-240-0005 through 690-240-0540. (2) Installation of the protective metal posts does not require a Monitoring Well Constructor's License, providing the surface seal is not disturbed. (3) Installation of the protective posts described in OAR 690-240-0420 shall be completed within one week of placement of the seal. (4) If installation of the protective measures as described in OAR 690-240-0420 are not completed within 24 hours of seal placement, the monitoring well shall be marked using one of the following methods: (a) Placement of three stakes around the well connected with fluorescent survey tape; (b) Placement of construction barricades around the well; or (c) Use of other protective measures as approved by the Water Resources Department. 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 690-240-0132 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
690-240-0540 Direct Push Monitoring Wells and Piezometers (1) Monitoring wells and piezometers that are installed using direct push technology shall comply with the applicable standards in these rules. (2) Monitoring wells and piezometers that are installed using direct push technology shall also comply with the following standards: (a) Only prepacked screens shall be used; and (b) The outside diameter of the borehole shall be a minimum of two inches greater than the outside diameter of the well casing; and (c) Granular bentonite shall not be used in the casing seal interval below the static water level; and, (d) Monitoring wells and piezometers shall not be constructed through more than one water bearing formation and shall not be greater than 50 feet in depth; and (e) Monitoring wells and piezometers that extend deeper than 30 feet shall be equipped with centering guides to insure proper centering of casing. Guides shall be spaced at minimum ten foot intervals and attached to the casing. (3) Monitoring wells and piezometers larger than two inches in diameter shall not be installed using direct push technology without prior Department approval. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 5-2018, minor correction filed 06/22/2018, effective 06/22/2018 WRD 5-2016, f. & cert. ef. 9-6-16 WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0139 WRD 7-2001, f. & cert. ef. 11-15-01
690-240-0550 Evidence of Failure Evidence of failure to comply with the requirements of OAR 690-240, special standards as described in 690-240-0006, or those standards of a state agency to which the Director has delegated direct responsibility under 690-240-0016 shall include, but not be limited to, the following: (1) A specific standard to which the Director has agreed is violated. (2) Evidence that contamination is occurring as a result of a monitoring well, geotechnical hole, or other hole construction. (3) Evidence that a monitoring well, geotechnical hole, or other hole, due to its construction, is causing or contributing to the loss of artesian pressure within an aquifer. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0145 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
690-240-0560 Investigation of Alleged Violations (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: (a) Any Monitoring Well Constructor involved; (b) The landowner, if the violation involves construction, alteration, conversion, maintenance, operation or abandonment of a well, geotechnical hole, or other hole; (c) The agency that has been delegated authority over a particular class of wells, geotechnical holes, or other holes and/or (d) Any registered geologist or civil engineer in construction, alteration, or abandonment of a geotechnical hole. (2) Enforcement and civil penalty assessment for "other than well constructors" is described in OAR 690-260. (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 to view rule.] 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
690-240-0580 Enforcement Actions (1) If, after notice and opportunity for hearing under ORS 183.310 to 183.550 the Director determines that one or more violations have occurred, the Director may impose one or more of the following: (a) Provide a specified time for remedy; (b) Assess a civil penalty in accordance with the schedule of civil penalties in OAR 690-240-0640; (c) Suspend, revoke, or refuse to renew the license(s) when one or more persons responsible for the violation hold a Monitoring Well Constructor's License; (d) Require that a person whose license has been refused renewal pass the Monitoring Well Constructor’s License examination before a new license is issued or the current license is renewed; (e) Impose any reasonable conditions on the Monitoring Well Constructor's License to ensure correction of the violation and future compliance with the law. These conditions may include but are not limited to: (A) Fulfilling any outstanding obligations which are the result of administrative action before the constructor can offer any services or construct, alter, convert, or abandon any monitoring well; (B) Requiring additional advance notice to be given to the Department of construction, alteration, conversion, or abandonment of any monitoring well; (C) Requiring a seal placement notice be given to the Department up to 72 hours in advance of placing the seal; or (D) Any other conditions the Director deems appropriate. (f) Order the landowner to repair or meet other conditions on use of the well, or order discontinuance of the use and order proper abandonment pursuant to ORS 537.775; (g) Make demand on the Water Well Constructor's bond or the Landowner's Water Well Bond. This may occur only if the Director has given the notice required in OAR 690-240-0560 to the persons responsible for the violation within three years after the date the monitoring well report is filed with the Department. If no monitoring well report has been filed, the three year limitation shall not apply until such time as a well report is filed; or (h) Take any other action authorized by law. (2) An order may specify a schedule of escalating or cumulative sanctions to be assessed on specified dates until the violation has been satisfactorily corrected. (3) Any Monitoring Well Constructor whose license is suspended or revoked shall not contract for well construction services or operate well drilling machines in the State of Oregon during the suspension or revocation period. (4) See Table 240-4 for a description of the well construction enforcement process. [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 536.027, ORS 537.992 & ORS 183.310-183.550 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, 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 690-240-0155 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
690-240-0590 Multiple Violations and Consolidation of Proceedings In cases of multiple or continuing violations, each occurrence of substantially the same activity and each days continuance of a violation after the responsible party has been notified is a separate and distinct violation. Administrative enforcement proceedings for multiple violations may be consolidated into a single proceeding. Statutory/Other Authority: ORS 537 & 742 Statutes/Other Implemented: ORS 537 & 742 History: WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0160 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0600 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 537 & 742 Statutes/Other Implemented: ORS 537 & 742 History: WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0165 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0610 Change in Enforcement Status (1) In the interest of achieving compliance, the Director at any time may reevaluate the status of the violation(s) 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 Monitoring 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 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, Renumbered from 690-240-0170 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 14-1990, f. & cert. ef. 8-9-90