OAR 690-225-0030: Enforcement Actions

(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. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]