Nevada Administrative Code › Chapter 534 - UNDERGROUND WATER AND WELLS › ENFORCEMENT › Section 534.500 - Assessment of demerit points against license of well driller; suspension and reinstatement of license; removal of demerit points

Current through June 11, 2024
1. The
			 Division shall assess demerit points against the license of a licensed well
			 driller who is found by the State Engineer to have violated any provision of
			 this chapter or chapter 534 of NRS pursuant to the following table:
Classification of Violations
Maximum Demerits
Notice of Intent/Approval
Setting up a well rig or commencing drilling,
							 plugging or rehabilitation before a notice of intent is approved by the
							 Division as required by NAC
							 534.320..........................
50
Failing to notify the Division or obtain approval
							 from the Division as required by NAC
							 534.370
							 if drilling is suspended or drilling equipment is moved from the drilling site
							 before a well is completed or plugged
							 ...............................................................................
50
Well Driller's Report
Failing to furnish a copy of a Well Driller's Report
							 to the State Engineer as required by
							 NRS
							 534.170, intentionally making a material
							 misstatement of fact in a Well Driller's Report submitted to the State Engineer
							 pursuant to
							 NRS
							 534.170 or intentionally making a material
							 misstatement of fact in an amendment to a Well Driller's Report submitted to
							 the State Engineer pursuant to
							 NRS
							 534.170....................................................................................................
75
Submitting a Well Driller's Report to the State
							 Engineer pursuant to
							 NRS
							 534.170 more than 30 days after a well is
							 completed .....................
10
Submitting a Well Driller's Report to the State
							 Engineer pursuant to NAC
							 534.420
							 more than 30 days after a water well has been plugged
							 ............................................................................................
10
Licenses
Intentionally making a material misstatement of fact
							 in an application for a well-drilling license
							 .....................................................................................
100
A well driller failing to have the well driller's
							 license card in his or her possession at a drilling site or failing to produce
							 the license card when requested to do so by a representative of the Division as
							 required by NAC
							 534.330
							 ....................................................................................
10
Failing to have a licensed well driller directly
							 supervise at a well drilling site when a drill rig is in operation or when any
							 activity involving the construction, rehabilitation or plugging of the well is
							 conducted as required by NAC
							 534.330.
(Demerit points will be assessed against the license
							 of the principal well driller for the well-drilling company and against the
							 license of the well driller listed on the notice of intent.)
							 ..................................................................................................................
50
Well construction and plugging
Failing to comply with any provision of this chapter
							 which establishes standards for the construction, rehabilitation or plugging of
							 a well, including, without limitation, improperly placing the annular seal,
							 constructing a well with substandard well casing, using improper products or
							 procedures during the construction, rehabilitation or plugging of a well and
							 failing to protect against contamination................
75
Failing to make a well accessible to measurements of
							 the water level of the well as required by NAC
							 534.430
							 ...................................................
30
Failing to prevent, control or stop the flow of water
							 from an artesian well as required by
							 NRS
							 534.060 and NAC
							 534.378
							 ................................
30
Approvals
Failing to comply with the requirements of NRS
							 534.065 when drilling a replacement
							 well.............................................
25
Failing to comply with any term or condition of a
							 permit, waiver or order issued by the State Engineer concerning the drilling or
							 plugging of a well as required by NAC 534.330, including, without limitation,
							 the depth of the annular seal, the location of perforations and the minimum or
							 maximum depth of the well.................
50
Miscellaneous
Any other violation of any of the provisions of this
							 chapter or chapter 534 of NRS
							 .........................................................................................................
To be determined by the Division based on the
							 severity of the violation, but not to exceed 100
2. The
			 Division shall assess demerit points against the license of a well driller
			 only:
(a) After the State Engineer makes a
			 finding that the well driller has violated a provision of this chapter or
			 chapter 534 of NRS as provided in subsection 1;
(b) After the Division gives written notice
			 of an alleged violation to the well driller by registered or certified mail to
			 the last known address of the well driller which specifies the provision of
			 this chapter or chapter 534 of NRS that the well driller is alleged to have
			 violated;
(c) If, within 30 days
			 after the date on which the well driller receives a notice of an alleged
			 violation sent pursuant to paragraph (b), the well driller has failed to
			 respond to the notice of an alleged violation or provides a response to the
			 notice of an alleged violation that is unsatisfactory, as determined by the
			 Division; and
(d) After the
			 conditions set forth in paragraphs (a), (b) and (c) are satisfied, regardless
			 of when the violation occurred.