OAR 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 (Powers of Water Resources Commission), 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 (Definitions for ORS 537.505 to 537.795 and 537.992)(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 (Powers of Water Resources Commission)(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 (Geotechnical Holes: General Performance and Responsibility Requirements)(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 (Powers of Water Resources Commission)(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.
[ED. NOTE: Tables referenced are available from the agency.]
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
690‑240‑0005
Introduction
690‑240‑0006
Special Standards
690‑240‑0007
Special Area Standards
690‑240‑0010
Definitions
690‑240‑0011
Organic Materials
690‑240‑0012
Public Safety
690‑240‑0013
Wells Cannot Be Used for Disposal of Contaminants
690‑240‑0014
Water Used Must be Potable
690‑240‑0015
Delegation of Responsibility for Monitoring Wells, Geotechnical Holes and Other Holes
690‑240‑0016
Unattended Wells
690‑240‑0020
Delegation Conditions
690‑240‑0024
Well Identification Label
690‑240‑0026
Well Identification Label Maintenance
690‑240‑0030
Other Holes: General Performance and Responsibility Requirements
690‑240‑0035
Geotechnical Holes: General Performance and Responsibility Requirements
690‑240‑0040
Closed Loop Ground Source Heat Pump Boring — General Requirements
690‑240‑0043
Construction Standards
690‑240‑0046
Grouting of Uncased Boring
690‑240‑0049
Reporting Requirements
690‑240‑0055
License Required to Construct Monitoring Wells
690‑240‑0060
Monitoring Well Constructor License Examination
690‑240‑0065
Monitoring Well Constructor License, Experience Requirements and Trainee Card
690‑240‑0070
Terms of Monitoring Well Constructor License and License Fees
690‑240‑0200
Continuing Education Committee
690‑240‑0210
Continuing Education Requirement
690‑240‑0220
Documentation
690‑240‑0240
Approved Course List/Course Approval and Assignment of CECs
690‑240‑0250
Course Sponsor Requirements
690‑240‑0260
Loss of Approval
690‑240‑0270
Courses Taken Without Prior Approval
690‑240‑0280
Waivers
690‑240‑0320
Contracting for Services
690‑240‑0330
Monitoring Well Constructor and Landowner Well Bonds or Letters of Credit
690‑240‑0340
Landowner Well Construction Permit, Fee and Bond
690‑240‑0355
Monitoring Well Drilling Machines
690‑240‑0375
Monitoring Well Construction Notice Required (Start Card)
690‑240‑0385
Start Card Reporting Requirements
690‑240‑0395
Monitoring Well Report Required (Monitoring Well Log)
690‑240‑0410
Monitoring Well Construction: General
690‑240‑0420
Well Protection
690‑240‑0430
Casing
690‑240‑0440
Additional Standards for Artesian Monitoring Wells
690‑240‑0450
Cleaning
690‑240‑0460
Monitoring Well Screen, Filter Pack, and Filter Pack Seal
690‑240‑0475
Well Seals
690‑240‑0485
Monitoring Well Development
690‑240‑0500
Completion of Monitoring Wells
690‑240‑0510
Abandonment of Monitoring Wells
690‑240‑0525
Piezometers
690‑240‑0540
Direct Push Monitoring Wells and Piezometers
690‑240‑0550
Evidence of Failure
690‑240‑0560
Investigation of Alleged Violations
690‑240‑0580
Enforcement Actions
690‑240‑0590
Multiple Violations and Consolidation of Proceedings
690‑240‑0600
Factors Affecting Selection of Type and Degree of Enforcement
690‑240‑0610
Change in Enforcement Status
690‑240‑0630
Assessment of Civil Penalties
690‑240‑0640
Schedule of Civil Penalties
Last Updated

Jun. 8, 2021

Rule 690-240-0005’s source at or​.us