Code of Colorado Regulations
400 - Department of Natural Resources
402 - Division of Water Resources
2 CCR 402-14 - RULES AND REGULATIONS FOR ADMINISTRATION OF LICENSING, FINANCIAL RESPONSIBILITY, CONTINUING EDUCATION AND REMEDIAL ACTION FOR WELL CONSTRUCTION AND PUMP INSTALLATION CONTRACTORS
9 - Remedial and Disciplinary Action

Universal Citation: 2 CO Code Regs 402-14 § 9

Current through Register Vol. 47, No. 17, September 10, 2024

9.1 To carry out the provisions of Article 91 of Title 37 and its obligation to protect the health and welfare of the people of the State of Colorado and its water resources, the Board is vested with the statutory authority to impose fines, issue orders, and suspend, deny, or revoke licenses (see sections 37-91-104(1)(l) & 37-91-108 & 109(1), C.R.S. (2017)).

9.2 Remedial Action- The Board may order remedial action when the condition of a well renders the structure a potential hazard to the public health or the groundwater resources of the state. Such actions are intended to correct a well defect or deficiency, as required by sections 37-91-104 & 37-91-110, C.R.S. (2017). The Board may assess a penalty and require remedial actions, including, but not limited to, nondestructive investigation, abandonment, repair, drilling, re-drilling, casing, re-casing, deepening, and excavation of wells.

9.3 Nondestructive Investigation- In order to protect the public health and the groundwater resources of the state, the Board may order a licensed contractor, private driller, private pump installer, or owner of a well to conduct, or to arrange to have conducted, a non-destructive investigation of a well. Such investigations may include, but are not limited to, pumping tests, photographs, down-hole video, water quality/chemistry analysis, geophysical and/or sonic/cement bond logs, and sounding (depth) measurements.

9.3.1 The Board may issue an order for a nondestructive investigation of a well based on evidence that a well is not properly constructed or maintained, such that it is a potential hazard to the public health and/or the groundwater resource.

9.3.2 An order of the Board for nondestructive investigation must be complied with in accordance with the terms, conditions, and time period(s) specified in the order. The results and all associated data and information obtained during an investigation must be submitted to the Board as directed in the order. Noncompliance with any of the specified terms, conditions, and/or time period(s) of a Board's order will be a violation of these Rules and subject to disciplinary action and/or penalties.

9.3.3 The removal and reinstallation of pumping equipment, when necessary to conduct a nondestructive investigation, must be performed only by a licensed pump installation contractor, or private pump installer in accordance with sections 37-91-102 (12.5) and 106(3).

9.3.4 Any person ordered by the Board to conduct a nondestructive investigation must pay all associated costs, unless otherwise stipulated to by the parties.

9.4 Abandonment, Repair, Drilling, Re-drilling, Casing, Re-casing, Deepening, and Excavation- In order to protect the public health and the groundwater resources of the state, the Board may order a licensed contractor to remedy a construction defect or deficiency, or to perform or arrange to perform abandonment, repair, drilling, re-drilling, casing, re-casing, deepening, or excavation of any well constructed by or under the direction or supervision of the contractor. The Board may also order any private driller or owner of a well to have a well abandoned, repaired, re-drilling, cased, re-cased, deepened, or excavated to correct a noncompliant condition, or to remedy a construction or maintenance defect or deficiency.

9.4.1 The Board may issue an order to abandon, repair, drill, re-drill, case, re-case, deepen, or excavate a well, or to correct a noncompliant condition, or to remedy a construction or maintenance defect or deficiency. The order must be based on evidence that a well is not properly constructed or maintained such that it is a potential hazard to the public health and/or the groundwater resource.

9.4.2 An order of the Board requiring abandonment, repair, drilling, re-drilling, casing, re-casing, deepening, or excavation of a well; or any correction of a noncompliant condition, or construction or maintenance defect, or deficiency, must be complied with in accordance with the terms, conditions, and time period specified in the order. Noncompliance with any of the specified terms, conditions, and/or time period of a Board's order will be a violation of these Rules and subject to disciplinary action and/or penalties.

9.4.3 The abandonment, repair, drilling, re-drilling, casing, re-casing, deepening, or excavation of any well must be performed only by a licensed well construction contractor or private driller in accordance with sections 37-91-102(12) and 106(3).

9.4.4 Any person ordered by the Board to abandon, repair, drill, re-drill, case, re-case, deepen, or excavate a well must pay all associated costs, unless otherwise stipulated to by the parties.

9.5 Disciplinary Action and Penalties- The Board may withhold, suspend, or revoke a license and may impose fines of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) for each violation of Articles 90 and 91 of Title 37, and the Board's rules promulgated pursuant to Article 91, Title 37. § 37-91-108(5), C.R.S. A disciplinary action and/or penalty will be imposed only after proper notice and a hearing before the Board.

9.5.1 The Board may accept stipulated settlements that include monetary penalties based upon a fine schedule established by the Board.

9.5.2 All terms, conditions, and time periods specified in the Board's order to withhold, suspend, or revoke a contractor's license and/or for the assessment of a fine must be complied with within the time frame stated in the order. Noncompliance with any of the specified terms, conditions, and/or time period of a Board's order will be a violation of these Rules and subject to further disciplinary action and penalties.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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