reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0220 - Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0240 - Approved Course List/Course Approval and Assignment of CECs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0250 - Course Sponsor Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0260 - Loss of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 537 & ORS 742
Stats. Implemented: ORS 537 & ORS
				  742
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0270 - Courses Taken Without Prior Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS 537 & ORS 742
Stats. Implemented: ORS 537 & ORS
				  742
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0280 - Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 537 & 742
Stats. Implemented: ORS 537 &
				  742
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0320 - Contracting for Services

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  536.090 &
				  537.505 -
				  537.795
Stats. Implemented: ORS
				  536.090 &
				  537.505 -
				  537.795
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0330 - Monitoring Well Constructor and Landowner Well Bonds or Letters of Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.090 &
				  537.505 -
				  537.795
Stats. Implemented: ORS
				  536.090 &
				  537.505 -
				  537.795
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0340 - Landowner Well Construction Permit, Fee and Bond

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0355 - Monitoring Well Drilling Machines

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.090 &
				  537.505 -
				  537.795
Stats. Implemented: ORS
				  536.090 &
				  537.505 -
				  537.795
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0385 - Start Card Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The start card
			 notification required in ORS
			 537.762 shall be submitted to
			 the Department's region office within which the monitor well is being
			 constructed, altered converted or abandoned using one of the following methods:
(a) Start cards submitted electronically
			 shall be transmitted by a Department-approved method and shall be submitted not
			 earlier than 60 days and not later than three (3) calendar days (72 hours)
			 before beginning construction, alteration, conversion or abandonment work of
			 any monitor well.
(b) By regular
			 mail so that it is received by the Department not earlier than 60 days and not
			 later than three (3) calendar days (72 hours) prior to commencement of work;
			 or
(c) By hand delivery, during
			 regular office hours, not earlier than 60 days and not later than three (3)
			 calendar days (72 hours) before beginning the construction, alteration,
			 conversion or abandonment work on any monitoring well; or
(d) By facsimile transmission (FAX) not
			 earlier than 60 days and not later than three (3) calendar days (72 hours)
			 before beginning the construction, alteration, conversion or abandonment work
			 on any monitoring well. If this method is used, a legible copy of the start
			 card shall also be mailed or delivered to the appropriate OWRD region office
			 not earlier than 60 days and not later than three (3) calendar days (72 hours)
			 before the day work begins.
(e)
			 Start cards may not be submitted earlier than 60 days or later than three (3)
			 calendar days (72 hours) before beginning construction, alteration, conversion
			 or abandonment work on any monitor well except as specified in Section (3) of
			 this rule.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0420 - Well Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0430 - Casing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0440 - Additional Standards for Artesian Monitoring Wells

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.090 & 537.505 -
				  537.795
Stats. Implemented: ORS
				  536.090 & 537.505 -
				  537.795
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0450 - Cleaning

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0460 - Monitoring Well Screen, Filter Pack, and Filter Pack Seal

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0475 - Well Seals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Proper seal
			 placement is essential to minimize the potential for movement of water and
			 contaminants from the surface, or other waterbearing zones, into the monitoring
			 well. Appropriate sealing materials may vary depending on the site
			 characteristics and the substances being monitored. Well seals shall consist of
			 a physically and chemically stable hydrated grout slurry composed of:
(a) Neat cement; or
(b) Sodium bentonite; or
(c) A cement-bentonite grout mixture
			 containing no more than five percent bentonite by dry weight; or
(d) Sodium bentonite granules, pellets or
			 chips placed in an unhydrated state, and subsequently hydrated downhole.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0485 - Monitoring Well Development

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0500 - Completion of Monitoring Wells

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0510 - Abandonment of Monitoring Wells

Current through Register Vol. 63, No. 7, July 1, 2024
Proper abandonment of monitoring wells will prevent both
				vertical movement of water within the well bore and infiltration of surface
				water into the well:
(1) In areas
			 where groundwater contamination has been identified, except as described in
			 number (4) below, abandonment shall require the borehole to be completely
			 redrilled to a minimum of the original diameter. All casing, screen, annular
			 sealing material, drill cuttings, debris, and filter pack material shall be
			 removed prior to sealing.
(2) In
			 areas where groundwater contamination has not been identified, if it can be
			 verified that the monitoring well was constructed in accordance with these
			 rules, it shall be abandoned by filling the well from the bottom up with an
			 approved sealant as described in OAR 690-240-0475. The casing shall then be
			 removed below grade, as compatible with local site conditions and land
			 practices. The following are acceptable methods of original well construction
			 verification:
(a) A well report in accordance
			 with OAR 690-240-0395;
(b) Well
			 construction information submitted to the Oregon Department of Environmental
			 Quality;
(c) Information obtained
			 through down-hole geophysical logging; or
(d) Other information as approved by the
			 Water Resources Department.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0525 - Piezometers

Current through Register Vol. 63, No. 7, July 1, 2024
It is prohibited to construct a piezometer in an area of known
				or reasonably suspected contamination.
NOTE
: The Water Resources Department and the
				Department of Environmental Quality have information sources to use in
				determining if contaminants are present. Customary drilling practice as
				conducted by licensed professional must be included as part of the appropriate
				inquiry to determine if contaminants are present or reasonably
				suspected.
(1) A piezometer is defined
			 in OAR 690-240-0010(59). Piezometers are a type of monitoring well and shall
			 meet current monitoring well rules except for the following:
(a) Borehole size with depth requirements:
(A) For piezometers with a sealing depth less
			 than 50 feet deep, the borehole diameter shall be at least two and one half
			 inches (2.5") larger than the nominal casing diameter. If the piezometer is
			 constructed using a hollow stem auger drilling machine, the inside diameter of
			 the auger must be at least 2.5 inches larger than the nominal diameter of the
			 casing to be installed;
(B) For
			 piezometers with a sealing depth greater than 50 feet deep, the borehole
			 diameter shall be at least three inches larger than the nominal casing
			 diameter. If the piezometer is constructed using a hollow stem auger drilling
			 machine, the inside diameter of the auger must be at least 3 inches larger than
			 the nominal diameter of the casing to be installed.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0540 - Direct Push Monitoring Wells and Piezometers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0550 - Evidence of Failure

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.090 &
				  537.505 -
				  537.795
Stats. Implemented: ORS
				  536.090 &
				  537.505 -
				  537.795
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0560 - Investigation of Alleged Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0580 - Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0590 - Multiple Violations and Consolidation of Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 537 & 742
Stats. Implemented: ORS 537 &
				  742
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0600 - Factors Affecting Selection of Type and Degree of Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 537 & 742
Stats. Implemented: ORS 537 &
				  742
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0610 - Change in Enforcement Status

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0630 - Assessment of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Under OAR
				690-240-0580(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.
Stat. Auth.: ORS 537 & 742
Stats. Implemented: ORS 537 &
				  742
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 240 - CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON › Section 690-240-0640 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(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; and
(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 Monitoring Well Constructor's License, and any other
			 action authorized by law.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0005 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these administrative rules is to give guidance
				in the administration of Oregon water laws. The rules provide instruction on
				how regulatory actions are to be done where statutes are unclear. Statutory
				authority to adopt administrative rules for water distribution is in ORS
				540.145.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0020 - Futile Calls

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A call for
			 distribution of surface water is futile when a junior appropriator has been
			 denied the use of water and, in the judgement of the watermaster, an inadequate
			 amount of water, or no water, reaches the senior appropriator or minimum flow
			 point or reach or instream water right. Factors for consideration by the
			 watermaster in making such a judgement may include, but are not limited to, the
			 following:
(a) Soil moisture
			 conditions;
(b)
			 Temperature;
(c) Evaporation
			 rate;
(d) Moisture condition of the
			 stream channel;
(e) Conveyance
			 characteristics of the stream channel; or
(f) Previous records that show the conveyance
			 characteristics of the stream.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0030 - Appropriator Obliged to Maintain a Functional Point of Diversion

Current through Register Vol. 63, No. 7, July 1, 2024
The watermaster shall have no obligation to increase flows of
				surface water to reach the elevation of a diversion or to overcome friction
				losses caused by clogged diversion facilities of the person calling for water.
				The appropriator shall be responsible for diversion and conveyance of water
				from the natural source to the place of use.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0040 - Protection of Water Involved in a Transfer of Point of Diversion

Current through Register Vol. 63, No. 7, July 1, 2024
The quantity of water available under a right that has been
				transferred to a new point of diversion is protected only to the extent of the
				terms of the certificate for that right and the quantity available at the
				original point of diversion. The quantity of water does not include an
				allowance for losses or return flows in the stream channel between the original
				point of diversion and the new point of diversion. Transmission losses incurred
				in transporting stored water through a natural stream channel shall not be made
				up from natural flow. The watermaster may deny water to an appropriator using
				an unauthorized point of diversion.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0050 - Controlling Waste and Unlawful Use of Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unlawful use of water subject to
			 corrective action by watermasters includes, but is not limited to, the
			 following:
(a) Irrigating land without a
			 right;
(b) Using water for a
			 purpose not authorized in the right;
(c) Irrigating land or using water for a
			 purpose with a priority different than the priority under which the water is
			 diverted from the source; or
(d)
			 Wasting water.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0060 - Diversion Works and Measuring Device Installation Notices for Surface Water and Ground Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water use
			 controlling devices and/or measuring devices shall be required when necessary
			 for regulation or management purposes. When, in the watermaster's judgement, it
			 becomes necessary to require such devices, the watermaster shall use a notice
			 form furnished by the Water Resources Department. For each water use control or
			 measuring device installation, a separate form must be filled out completely
			 for each appropriator and submitted in duplicate to the Director (these notices
			 are not valid unless signed by the Director). The original signed notice shall
			 be returned to the watermaster to be delivered in person with date of delivery
			 entered on each notice. When it is impractical for the watermaster or the
			 appointed representative to deliver the notice in person, it shall be sent by
			 certified mail. The date of delivery shall be the date of mailing.
(2) All required water use controlling
			 devices and measuring devices shall be approved by the watermaster prior to
			 installation. If the appropriator refuses or neglects to construct and install
			 the required water use control or measuring devices or have an approved
			 construction schedule for such installation after ten days notice, the
			 watermaster may close the diversion (ORS
			 540.320) or open the reservoir
			 outlet (ORS 540.330), or regulate the
			 controlling works of a well. The appropriator may request an extension of time
			 from the watermaster and submit another construction schedule.
(3) If the appropriator fails to meet an
			 approved construction schedule, the watermaster may close the diversion or
			 close the controlling works of the well.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0070 - Irrigation Seasons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever the
			 dates or times of the year within which an irrigation right may be exercised
			 are not specified in decree, permit, certificate, order or basin program, the
			 watermaster shall recognize the entitlement of the permits and certificates on
			 adjudicated streams to be exercised during the same season as adjudicated
			 rights, and permits and certificates in unadjudicated areas to be exercised
			 between March 1 and October 31.
(2)
			 When adopting or amending a basin plan, the Commission may designate a
			 different period of use for rights described in section (1) of this rule, after
			 considering soils, climate, topography, crop patterns or other
			 circumstances.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540