(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.
(2) The fee
required under ORS 537.762(5) for
the construction of a new well, deepening of an existing well, conversion of a
water supply well, geotechnical hole or other hole shall be submitted to the
Department's Salem office with a duplicate copy of the start card. A duplicate
start card is not required if the start card fee is included with a start card
submitted electronically under Section (1)(a) of this rule.
(3) The requirement in subsection (1) of this
section that a licensed or permitted person must submit a start card not less
than three calendar days (72 hours) before beginning work on a well does not
apply:
(a) To a second or additional monitor
well drilled on the same or a contiguous tax lot for the same landowner and for
which a valid unexpired start card has been submitted pursuant to this section,
if a start card for the second or additional monitor well is filed not later
than the day the work on the monitor well begins.
(b) During water emergencies or casing height
adjustments, if a start card is submitted before work begins.
(4) The Director or region office
may provide an alternate means of a start card notification. If an alternative
means of notification is used, the start card shall be received by the
Department's Salem office within one week of beginning work on the monitoring
well. A Monitoring Well Constructor whose license has been restricted by order
shall provide notice as stipulated in the order.
(5) Once received by the Department, the
start card shall be confidential for a period of one year after it is received
or until the monitoring well report required by OAR
690-240-0395 is received,
whichever is shorter.
(6) The start
card may be used in an administrative enforcement action at any time, including
the period of confidentiality. Once the start card is used for enforcement
reasons, it is no longer confidential.
(7) A separate start card and fee, if
necessary, is required for each well that is constructed, altered, abandoned,
or converted. This requirement includes unsuccessful wells and wells exempt
from appropriation permit requirements under ORS
537.545.
(8) Effective July 1, 2024, start cards shall
be submitted to the department by electronic means unless prior written
approval is received to submit paper start cards.
(9) A start card expires if construction,
alteration, abandonment or conversion of a well does not begin on or before 60
days after submission of the start card. If a start card expires, a new start
card and fee must be submitted in compliance with ORS
537.762 and these rules before
construction, alteration, abandonment or conversion of the well may occur. If a
start card is withdrawn before expiring, the licensed or permitted person that
submitted the start card may request that the fee paid for the withdrawn start
card be transferred to a new start card.
(10) For good cause shown, start cards may be
extended in exigent circumstances one time for up to 30 calendar days with
prior department approval. Requests for extension shall be submitted:
(a) In writing on a department approved form
prior to expiration of the start card. The form shall include:
(A) The start card number;
(B) A description of the circumstances that
warrant extension of the start card;
(C) Date of request;
(D) Driller name and license
number;
(E) Owner name and contact
information.
(b)
Electronically by department approved methods.
(c) For the purposes of this rule, "good
cause" means the exigent circumstances are due to circumstances beyond the
reasonable control of the requester.
[NOTE: Region office fax and telephone numbers are listed in
Table 240-2. Water Resources Department Regional boundaries are shown in Figure
240-2.]