Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 35 - Well Driller and Pump Installer Licensing › Subchapter 1 - General Provisions › Section 785:35-1-4 - Violations and penalties

Current through Vol. 41, No. 20, July 1, 2024
(a)
Misdemeanor violations.
Any
										person who, after notice from the Board violates or refuses or neglects to comply with any provision of 82
										0.S. 1991, §§1020.1 through 1020.22, as amended and the rules of this Chapter, or who commits waste
										shall be guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-Five Dollars
										($25.00) nor more than Two Hundred Fifty Dollars ($250.00) for each offense. Any person who, after notice
										that he is in violation thereof continues to violate any provision of this act, and fails to comply therewith
										within a reasonable length of time, is guilty of a separate offense for each day the violation continues.
(b)
Administrative penalties.
The Board
										may, after notice and hearing, impose on any person administrative penalties of up to Five Thousand Dollars
										($5000.00) and may revoke, suspend or deny renewal of any license or operator certification for each
										violation of the rules regarding license or certification requirements, the requirement to obtain a license
										or certification, or minimum construction or installation standards. Each day a violation continues shall
										constitute a separate violation. Such administrative penalties shall be deposited in the Well Drillers and
										Pump Installers Remedial Action Indemnity Fund except as otherwise provided in
785:35-1-5(c). [82:1020.16(E)]
(1)
Notice of violation and proposed assessment.
In addition
										to revoking, suspending or not renewing a license or operator certification, the Board may impose
										administrative penalties against drillers or operators who fail, refuse or neglect to comply with rules or
										orders of the Board. Such administrative penalties shall be imposed only after notice and opportunity for
										hearing on the proposed imposition of such penalties. The notice of the proposed assessment of administrative
										penalties shall inform the respondent of the provisions of the Board rules or order at issue and the proposed
										amount of the penalty. A letter, citation, petition, notice of violation, consent order or final order may
										constitute a notice of proposed assessment for purposes of initiating administrative penalty proceedings if
										it meets the requirements of this section.
(2)
Administrative fine schedule.
The schedule of fines in this Section is based on violation of
										requirements common to the rules promulgated under authority of the 82 O.S. Section 1085.2; Oklahoma
										Groundwater Law in 82 O.S. Section 1020.1 and following, particularly Section 1020.16 on well driller and
										pump installer licensing. The fine schedule for citations issued by the Board for violations of the following
										requirements is:
(A) Engaged in commercial activity without a license.
(i) First - $1,000.00
(ii)
										Second or subsequent - up to $5,000.00.
(B) Engaged in
										commercial activity without an operator's certification.
(i) First -
										$1,000.00.
(ii) Second or subsequent - up to
										$5,000.00.
(C) Failure to have present a certified
										operator at the drilling, plugging or pump installation site.
(i) First -
										$1,000.00.
(ii) Second or subsequent up to
										$5,000.00.
(D) Failure to have rig used in drilling or
										pump installation properly identified
(i) First - $1,000.00.
(ii) Second or subsequent up to $5,000.00.
(E) Failure to submit a multi-purpose completion report form or electronic
										version
(i) First - $250.00.
(ii) Second or subsequent $500.00.
(F) Violation of groundwater well, fresh water observation well and water
										well test holes minimum standard
(i) First - $1,000.00.
(ii) Second or subsequent up to $5,000.00.
(G) Violation of heat exchange well minimum standard
(i) First - $1,000.00.
(ii)
										Second or subsequent up to $5,000.00.
(H) Violation of
										monitoring well and geotechnical boring minimum standard
(i) First -
										$1,000.00.
(ii) Second or subsequent up to
										$5,000.00.
(I) Violation of pump installation minimum
										standard.
(i) First - $1,000.00.
(ii) Second or subsequent up to $5,000.00.
(J) Violation of minimum standard for plugging and capping wells and test
										holes.
(i) First - $1,000.00.
(ii) Second or subsequent up to $5,000.00.
(K) Violation of minimum standard for plugging site assessment observation
										well, monitoring well and geotechnical borings.
(i) First -
										$1,000.00.
(ii) Second or subsequent up to
										$5,000.00.
(3)
Administrative
										Citations
(A) Issuance of a citation. A citation which is issued to
										a person for violation of one or more of the compliance requirements provided in Section
										785:35-1-4(b)(2) shall advise the person of
										the hearing date at which the person may contest the issuance of the citation and/or the amount of the fine.
										Such hearings shall be conducted in compliance with the Oklahoma Administrative Procedures Act and the
										Oklahoma Open Meetings Act.
(B) Orders following hearing. A final
										order may uphold the citation as issued, reduce the amount of the fine or dismiss the action. A default order
										may be issued if the person cited has been advised in writing of the hearing date and fails to appear. The
										fine is due and payable immediately upon issuance of the order unless otherwise provided therein. A final
										order is appealable to the district court in accordance with the Oklahoma Administrative Procedures
										Act.
(4)
Payment of fines.
A person who
										is ordered to pay a fine shall submit the fine to the Oklahoma Water Resources Board, 3800 North Classen
										Boulevard, Oklahoma City, Oklahoma 73118. A person who decides not to contest the issuance of the citation
										shall submit payment of the fine to the same address on or before the hearing date indicated on the
										citation.