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
STATEMENT OF BASIS AND PURPOSE
9 - Remedial and Disciplinary Action
Current through Register Vol. 47, No. 17, September 10, 2024
The statutory authority for this Rule is found under sections 37-91-104(1), 108, and 109, C.R.S. (2017).
Rule 9.1 references the statutes vesting the Board with authority to carry out its obligation to protect the public health and the groundwater resources of the state by ordering remedial action and/or the imposition of a disciplinary actions.
Rule 9.2 provides for the issuance of an order by the Board assessing penalties or requiring the correction of a defective well that poses a hazard to the public health or the groundwater resource. Such defects may occur by failure to employ approved materials to construct a well or install pumping equipment, or as a deficiency in the application of materials resulting in failure to meet minimum standards. Rule 9.2 was modified to remove the reference to a notice and hearing process before issuing such orders. To the extent notice and hearing is required impose a penalty, such a process is already stated in Rule 9.5.
Rule 9.3 implements a portion of sections 37-91-104(l)(1) and 108(4), C.R.S. (2017), which authorizes the Board to require a nondestructive investigation of a well be conducted by a contractor, private driller/private pump installer, or well owner. The Rule gives examples of the types of nondestructive techniques the Board may require. Rule 9.3 and subsection 9.3.1 were modified to remove a notice and hearing process before issuing an order for nondestructive investigation. Such a process is not required by statute, and interferes with the Board's ability to correct violations of statutes and the Board's rules, and to protect public health and the groundwater resource.
Rule 9.3.1 provides that the Board may order a nondestructive investigation of a well based on evidence that a well is not properly constructed or maintained.
Rule 9.3.2 specifies that all work to complete a nondestructive investigation must be conducted in accordance with the terms and conditions of the order, including the submission of the results of the investigation. The Rule provides that noncompliance with terms and conditions of an order, or failure to fulfill the requirements of an order to conduct a nondestructive investigation, is considered to be a violation of these Rules. The purpose of the Rule is to enable the Board to pursue compliance with its order.
Rule 9.3.3 specifies that, in accordance with statutory requirements, only a licensed pump installation contractor or private pump installer can remove and reinstall pumping equipment when performing a nondestructive investigation.
Rule 9.3.4 requires the person ordered to conduct the nondestructive investigation pay all associated costs.
Rule 9.4 states the authority of the Board provided under section 37-91-108(4), C.R.S. (2017), to require abandonment, repair, drilling, re-drilling, casing, re-casing, deepening, or excavation of a well to protect public health or the groundwater resource.
Rule 9.4.1 explains that such an order of the Board 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. Rule 9.4.1 was modified to remove a notice and hearing process before issuing such an order. Such a process is not required by statute, and interferes with the Board's ability to correct violations of statutes and the Board's rules, and to protect public health and the groundwater resource.
Rule 9.4.2 specifies that all work to perform a corrective action must be performed in accordance with the terms and conditions of the order. The Rule provides that noncompliance with terms and conditions of an order, or failure to fulfill the requirements of an order, is considered to be a violation of these Rules. The purpose of the Rule is to enable the Board to pursue compliance with its order.
Rule 9.4.3 specifies that, in accordance with statutory requirements, only a licensed water well construction contractor or private driller can perform corrective actions that include abandonment, repair, drilling, re-drilling, casing, re-casing, deepening, or excavation of a well.
Rule 9.4.4 addresses assignment of responsibility for costs associated with performing a corrective action. The purpose of the Rule is to provide the Board some flexibility when assigning responsibility for such costs.
Rule 9.5 and its subsections implement the Board's authority to take disciplinary action by withholding, suspending, or revoking a contractor's license and imposing fines as provided in section 37-91-108. Such disciplinary actions may only be invoked after proper notice and hearing.
Rule 9.5.1 allows the Board to accept a stipulated settlement that includes a provision for payment of a fine and provides for the establishment of a fine schedule to assist the Board in maintaining consistency in the imposition of fines.
Rule 9.5.2 specifies that all provisions of an order for disciplinary action must be complied with in accordance with the terms and conditions of the order. The Rule provides that noncompliance with terms and conditions of an order, or failure to fulfill the requirements of an order, is considered to be a violation of the BOE Administration Rules. The purpose of the Rule is to enable the Board to pursue compliance with its orders.
