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 690-240-0005 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Monitoring wells and geotechnical holes
			 drilled to allow ground water and geologic determinations are constructed in a
			 variety of environments and under a variety of conditions. Improper
			 construction, maintenance, operation, and abandonment can allow deterioration
			 of ground water quality and supply. Although enforcement actions may be
			 exercised against other parties, the landowner of the property where the
			 monitoring well or geotechnical hole is constructed is ultimately responsible
			 for the condition, use, maintenance, conversion, and abandonment of the
			 monitoring well, or geotechnical hole.
(2) Holes other than monitoring wells, water
			 supply wells, or geotechnical holes which are drilled, excavated, or otherwise
			 constructed in the earth's surface can also provide an avenue for deterioration
			 of ground water quality. Improper construction, maintenance, use, and
			 abandonment of other holes can pose a significant risk to ground water. Table
			 240-1 lists common subsurface borings and indicates which administrative rule
			 governs the construction, conversion, maintenance, alteration, and abandonment
			 of the boring.
(3) Ground water
			 problems are difficult, expensive, and time consuming to correct. The Water
			 Resources Commission (Commission) has been authorized to develop standards for
			 wells drilled for the purpose of monitoring ground water in order to protect
			 the state's ground waters. The Commission has also been authorized to develop
			 standards for other holes through which ground water may become contaminated.
			 The rules set forth herein are adopted to provide that protection. Their
			 purpose is to prevent and eliminate ground water contamination, waste, and loss
			 of artesian pressure.
(4) The
			 Commission may develop additional rules as needed prescribing standards for the
			 construction, operation, maintenance, and abandonment of other specific types
			 of wells and holes to protect ground water.
(5) Except for the Commission's power to
			 adopt rules, the Commission may delegate to the Water Resources Director the
			 exercise or discharge in the Commission's name of any power, duty or function
			 of whatever character, vested in or imposed by law upon the Commission. The
			 official act of the Director acting in the Commission's name and by the
			 Commission's authority shall be considered to be an official act of the
			 Commission. The Commission delegates to the Director full authority to act in
			 the Commission's name where that delegation is reflected in these
			 rules.
(6) Under the provisions of
			 ORS 537.780, the Commission is
			 authorized to adopt such procedural rules and regulations as deemed necessary
			 to carry out its function in compliance with the Ground Water Act of 1955. In
			 fulfillment of these responsibilities and to ensure the preservation of the
			 public welfare, safety, and health, the Commission has established these rules
			 and regulations as the minimum standards for the construction, alteration,
			 abandonment, conversion, and maintenance of monitoring wells in
			 Oregon.
(7) Monitoring wells are
			 wells as defined in ORS
			 537.515(9). A
			 license and licensing fee, bond, examination, well report, and start card are
			 required for construction, conversion, alteration, or abandonment of a
			 monitoring well. In addition, a start card fee is required for new
			 construction, deepening a well, and conversion.
(8) To protect the ground water resource, the
			 Commission has the authority to regulate geotechnical holes under ORS
			 537.780(1)(c)(A).
			 Construction of geotechnical holes requires either a Water Supply Well
			 Constructor or Monitoring Well Constructor's License or Oregon registration as
			 a geologist or civil engineer. If any one of the criteria in OAR
			 690-240-0035(2)(a)-(d)  is met, a geotechnical hole report must be
			 submitted.
(9) To protect the
			 ground water resource, the Commission has the authority, under ORS
			 537.780(1)(c)(A),
			 to regulate any hole through which ground water may be contaminated.
			 Construction of holes other than water supply wells and monitoring wells does
			 not require a license and licensing fee, bond, examination, well report, start
			 card, and start card fee.
(10)
			 Holes constructed under ORS Chapters 517, 520, and 522, and rules promulgated
			 from those statutes, are the responsibility of the Oregon Department of Geology
			 and Mineral Industries and are not subject to these rules. These include, but
			 are not limited to, holes constructed for the purposes of exploring for, or
			 producing, petroleum, minerals, or geothermal resources.
(11) The rules and regulations set forth
			 herein shall become effective upon adoption by the Water Resources
			 Commission.
(12) Under no
			 circumstances shall a monitoring well, piezometer, geotechnical hole, or other
			 hole be constructed in a manner that allows commingling or leakage of ground
			 water by gravity flow or artesian pressure from one aquifer to another. (See
			 definition of aquifer.)
(13) The
			 rules and regulations set forth herein provide the minimum standards for the
			 construction, conversion, alteration, maintenance, and abandonment of
			 monitoring wells, geotechnical holes, and other holes. After the effective date
			 of adoption of these rules and regulations, no monitoring well, geotechnical
			 hole, or other hole shall be constructed, altered, converted, or abandoned
			 contrary to the provisions of these rules and regulations without prior
			 approval from the Water Resources Department. Violation of these standards may
			 result in enforcement under OAR chapter 690, division 240, including suspension
			 or revocation of a constructor's license, imposition of civil penalties on the
			 landowner or constructor, action on a bond, or other sanctions authorized by
			 law.
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
Statutes/Other Implemented: ORS
				  536.090, ORS
				  537.505-537.795, ORS
				  536.900 & ORS
				  537.992