Or. Admin. Code § 690-240-0005 - Introduction
(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.
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
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
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