Current through Register Vol. 63, No. 9, September 1, 2024
(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 take one or more of
the following actions:
(a) Provide a specified
time for remedy;
(b) Assess a civil
penalty in accordance with the schedule of civil penalties in OAR
690-225-0110;
(c) Suspend, revoke,
or refuse to renew the licenses when one or more persons responsible for the
violation hold a Water Supply Well Constructor's License;
(d) Require that a person whose license has
been refused renewal pass the Water Supply Well Constructor's License
examination before a new license is issued;
(e) Impose any reasonable conditions on the
Water Supply Well Constructor's License to insure 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
well;
(B) Requiring additional
advance notice to be given to the Department of construction, alteration,
conversion, or abandonment of any well;
(C) Requiring a seal placement notice be
given to the Department 24 hours in advance of placing the seal; or
(D) Any other conditions the Director feels
are appropriate.
(f)
Order the landowner to repair or meet other conditions on use of the well, or
order discontinuance of use and proper abandonment pursuant to ORS
537.775;
(g) Make demand on the Water Well
Constructor's Bond or on the Landowner's Water Well Bond. This may occur only
if the Director has given the notice required in OAR 690-225-0020 to the
persons responsible for the violation within three years after the date the
well report is filed with the Department. If no well report has been filed, the
three-year limitation shall not apply until such time as a well report is
filed;
(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 satisfactory correction of the violation has
been completed.
(3) Any Water
Supply 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 225-2 for a description of the
well construction enforcement process.
Statutory/Other Authority: ORS
536.090, ORS
537.505-537.795, ORS
183.310-183.550, ORS
537.992, ORS
536.027 & ORS
536.900
Statutes/Other Implemented: ORS
536.090, ORS
537.505-537.795, ORS
183.310-183.550, ORS
537.992 & ORS
536.900
