Or. Admin. R. 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.
Notes
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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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 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.
Notes
Stat. Auth.: ORS 536.090 & 537.505 - 537.795
Stats. Implemented: ORS 536.090 & 537.505 - 537.795