OAR 690-240-0580: 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 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; (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, conversion, 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; (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 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. (4) See Table 240-4 for a description of the well construction enforcement process. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]