Or. Admin. Code § 690-240-0065

Current through Register Vol. 63, No. 11, November 1, 2024

Section 690-240-0065 - Monitoring Well Constructor License, Experience Requirements, Trainee Card and Temporary Authorization

(1) License. To qualify for a Monitoring Well Constructor's License, a person shall:

(a) Be at least 18 years old;

(b) Pass a written examination;

(c) Have a minimum of one year experience, during the previous 36-month period, in monitoring well construction, alteration, or abandonment. This experience shall include the operation of well drilling machinery for monitoring well construction, alteration, conversion, or abandonment on a minimum of fifteen monitoring wells or a demonstration of equivalent experience in the operation of well drilling machinery. The following are acceptable as evidence of experience:

(A) Monitoring well reports or rough well logs with applicant's name entered for each of the 15 wells. The name, address and telephone number of the person responsible for the construction of each monitoring well shall be included on each report or log;

(B) Income tax returns showing source of drilling income for a period of time, or worker's compensation account information or the equivalent may be established to satisfy the one year of active construction requirement;

(C) Any other evidence the Director may deem suitable;

(D) A license held in another state shall not substitute for required evidence of experience.

(d) Pay a license fee.

(2) Trainee. If an applicant passes the written Monitoring Well Constructor's License examination, but cannot meet the experience requirement the Commission may issue a trainee card. To qualify for a Monitoring Well Constructor Trainee Card, a person must:

(a) Be at least 18 years old;

(b) Pass a written examination; and

(c) Be supervised by a person who holds a valid Monitoring Well Constructor's License.

(3) Trainee Card. A Trainee Card is valid for three (3) years from the date the examination was passed.

(4) Supervision. Supervision as it relates to any person who holds a Monitoring Well Constructor Trainee Card:

(a) A Trainee may operate a cable tool monitoring well drilling machine without a licensed Monitoring Well Constructor physically present at the well site only if:

(A) The licensed constructor can reach the well site within two hours if so requested by an authorized representative of the Department; and

(B) The licensed constructor has signed the rough drilling log within eight working hours prior to the representative's visit.

(b) A licensed Monitoring Well Constructor must physically be on the site at all times when a cable tool drilling machine is:

(A) Drilling within a flowing artesian well;

(B) Setting or advancing casing;

(C) Setting liner;

(D) Perforating casing;

(E) Setting well screens;

(F) Placing packers;

(G) Drilling into, through, or below ground water suspected or known to be contaminated; and

(H) Placing casing seals.

(c) A Monitoring Well Constructor trainee may operate a non-cable tool monitoring well drilling machine without a licensed Monitoring Well Constructor physically present at the well site only during removal of the drill stem from the monitoring well.

(d) Activities under subsection (3)(c) of this rule shall proceed only if:

(A) The licensed Monitoring Well Constructor can reach the site within one hour if so requested by an authorized representative of the Department; and

(B) The licensed Monitoring Well Constructor has signed the rough drilling log within eight working hours prior to the representative's visit.

(e) An authorized representative of the Department in whose jurisdiction the monitoring well is being constructed has the authority to:

(A) Grant an extension to the time limits stated above when a request, showing good cause, is received from the bonded constructor in advance for each particular well; and

(B) Place additional restrictions on the trainee, including requiring the constructor to be on the site at all times while the drilling machine is operating, when the Department representative determines that either the drilling environment or the knowledge and/or experience of the trainee warrant closer supervision.

(f) For a Monitoring Well Constructor trainee to operate a monitoring well drilling machine without a licensed Monitoring Well Constructor present, the trainee's card must be endorsed with the name of the bonded Monitoring Well Constructor responsible for the construction of the monitoring well.

(5) Monitoring Well Constructor's License Temporary Authorization Endorsement. A person that is the spouse of a member of the Armed Forces of the United States through marriage or domestic partnership, whose spouse is stationed in this state, may apply for a Monitoring Well Constructor's License Temporary Authorization Endorsement.

(a) Application for a monitoring well constructor's license temporary authorization endorsement must include the following:

(A) Completed and signed application form including evidence the person is 18 years of age or older;

(B) Examination fee;

(C) A copy of a marriage certificate, domestic partnership registration, or other official evidence of legal union and an attestation that said union is valid and in effect;

(D) A copy of the spouse or domestic partner's assignment to an Oregon duty station by official active duty military order;

(E) Official verification of the applicant's current authorization to provide monitoring well constructor services in another state along with the Department's "good standing" form;

(F) A completed comparison form as provided by the Department, outlining the out-of-state licensing authority's authorization requirements; and

(G) Official notification from the Department that applicant has passed the monitoring well constructors license examination.

(b) The Department will review the application for a Monitoring Well Constructor's License Temporary Authorization Endorsement once all materials are submitted. A Monitoring Well Constructor's License Temporary Authorization Endorsement shall be issued if the Department determines:

(A) Applicant is eligible to apply;

(B) The Out-of-state authorization is current;

(C) The Out-of-state licensing authority's licensing requirements are substantially similar to the Department's requirements;

(D) The good standing form is complete;

(E) The applicant has passed the written exam; and

(F) The license fee is paid.

(c) A temporary authorization endorsement issued by the Department is valid until the earliest of:

(A) Two (2) years after the date of issuance;

(B) The date the spouse's term of military service ends;

(C) The date the persons out-of-state authorization expires.

(d) Temporary authorizations are not renewable. The holder of an expired temporary authorization may not continue to provide services for the construction, alteration, conversion, or abandonment of monitoring wells after expiration unless the person obtains a Monitoring Well Constructor's License under subsection one (1) of this rule.

(e) The Department shall report annually to the State Legislature about temporary authorization endorsements as required in ORS 670.403.

(6) Other supervision requirements for persons not licensed or permitted to construct monitoring wells, or who do not hold a Monitoring Well Constructor trainee card:

(a) Persons who are in the act of constructing, altering, converting or abandoning monitoring wells must be supervised by a licensed Monitoring Well Constructor who is physically present at the well site at all times during construction, alteration, conversion, or abandonment activity.

(b) The supervising Monitoring Well Constructor is responsible for all applicable statutes and rules in construction, alteration, conversion, or abandonment of the monitoring well.

(7) Persons who satisfy all requirements of ORS 537.747(3) shall be issued a Monitoring Well Constructor's License. The responsibilities for issuing and securing a Monitoring Well Constructor's License or trainee card are listed in subsections (a) and (b) of this section.

(a) The Monitoring Well Constructor's License applicant is responsible for:

(A) Completing an application or renewal form for a new or renewed license or trainee card;

(B) Submitting the application or renewal form to the Water Resources Department along with the required fees;

(C) Carrying the license or trainee card whenever constructing, altering, converting, or abandoning any monitoring well; and

(D) Providing the Water Resources Department, within 30 days, notification of any change of mailing address.

(E) Providing the Water Resources Department documentation satisfying the continuing education requirements set forth in OAR 690-240-0200 through 690-240-0280.

(b) The Water Resources Department is responsible for:

(A) Designing and providing Monitoring Well Constructor license(s) and trainee cards;

(B) Designing and providing application forms and renewal forms for licenses and application forms for trainee cards;

(C) Processing applications and renewals for licenses and applications for trainee cards; and

(D) Returning incomplete application and renewal forms to applicants for completion.

(E) Sending new and renewed licenses to applicants who have completed the application or renewal form and submitted the required fee. This does not preclude refusal to renew as outlined in OAR 690-240-0070(4).

(8) Bonded Monitoring Well Constructor. For a person to possess a bonded Monitoring Well Constructor's License, the person shall provide to the Department a properly executed Water Well Constructor's Bond or Irrevocable Letter of Credit. The Water Resources Department shall indicate on the constructor's license a bonded classification.

(9) Representatives of the Water Resources Department may ask anyone constructing, altering, or abandoning a monitoring well to present their license or trainee card as proof of eligibility to construct, alter, convert, or abandon monitoring wells in the State of Oregon. Licensed individuals shall display their license or trainee card and photo identification when they are requested to do so by Water Resources Department personnel or other agency personnel to whom monitoring well regulation has been delegated.

Or. Admin. Code § 690-240-0065

WRD 14-1990, f. & cert. ef. 8-9-90; WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94; WRD 7-2001, f. & cert. ef. 11-15-01; WRD 1-2003, f. & cert. ef. 3-14-03; WRD 2-2006, f. & cert. ef. 6-20-06; WRD 5-2023, amend filed 06/22/2023, effective 7/1/2023; WRD 3-2024, amend filed 04/01/2024, effective 4/1/2024

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 537.992, ORS 106.340, ORS 536.900, ORS 670.400 & ORS 670.403

Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 537.992, ORS 106.340, ORS 536.900, ORS 670.400 & ORS 670.403