OAR 690-240-0580
Enforcement Actions

(1)

If, after notice and opportunity for hearing under ORS 183.310 (Definitions for chapter) to 183.550 the Director determines that one or more violations have occurred, the Director may impose one or more of the following:

(a)

Provide a specified time for remedy;

(b)

Assess a civil penalty in accordance with the schedule of civil penalties in OAR 690-240-0640 (Schedule of Civil Penalties);

(c)

Suspend, revoke, or refuse to renew the license(s) when one or more persons responsible for the violation hold a Monitoring Well Constructor’s License;

(d)

Require that a person whose license has been refused renewal pass the Monitoring Well Constructor’s License examination before a new license is issued or the current license is renewed;

(e)

Impose any reasonable conditions on the Monitoring Well Constructor’s License to ensure 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 monitoring well;

(B)

Requiring additional advance notice to be given to the Department of construction, alteration or abandonment of any monitoring well;

(C)

Requiring a seal placement notice be given to the Department up to 72 hours in advance of placing the seal; or

(D)

Any other conditions the Director deems appropriate.

(f)

Order the landowner to repair or meet other conditions on use of the well, or order discontinuance of the use and order proper abandonment pursuant to ORS 537.775 (Wasteful or defective wells);

(g)

Make demand on the Water Well Constructor’s bond or the Landowner’s Water Well Bond. This may occur only if the Director has given the notice required in OAR 690-240-0560 (Investigation of Alleged Violations) to the persons responsible for the violation within three years after the date the monitoring well report is filed with the Department. If no monitoring well report has been filed, the three year limitation shall not apply until such time as a well report is filed; or

(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 the violation has been satisfactorily corrected.

(3)

Any Monitoring 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.

Source: Rule 690-240-0580 — Enforcement Actions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-240-0580.

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 690-240-0580’s source at or​.us