Or. Admin. Code § 690-240-0385
Current through Register Vol. 63, No. 12, December 1, 2024
Section 690-240-0385 - Start Card Reporting Requirements(1) The start card notification required in ORS 537.762 shall be submitted to the Department's region office within which the monitor well is being constructed, altered converted or abandoned using one of the following methods: (a) Start cards submitted electronically shall be transmitted by a Department-approved method and shall be submitted not earlier than 60 days and not later than three (3) calendar days (72 hours) before beginning construction, alteration, conversion or abandonment work of any monitor well.(b) By regular mail so that it is received by the Department not earlier than 60 days and not later than three (3) calendar days (72 hours) prior to commencement of work; or(c) By hand delivery, during regular office hours, not earlier than 60 days and not later than three (3) calendar days (72 hours) before beginning the construction, alteration, conversion or abandonment work on any monitoring well; or(d) By facsimile transmission (FAX) not earlier than 60 days and not later than three (3) calendar days (72 hours) before beginning the construction, alteration, conversion or abandonment work on any monitoring well. If this method is used, a legible copy of the start card shall also be mailed or delivered to the appropriate OWRD region office not earlier than 60 days and not later than three (3) calendar days (72 hours) before the day work begins.(e) Start cards may not be submitted earlier than 60 days or later than three (3) calendar days (72 hours) before beginning construction, alteration, conversion or abandonment work on any monitor well except as specified in Section (3) of this rule.(2) The fee required under ORS 537.762(5) for the construction of a new well, deepening of an existing well, conversion of a water supply well, geotechnical hole or other hole shall be submitted to the Department's Salem office with a duplicate copy of the start card. A duplicate start card is not required if the start card fee is included with a start card submitted electronically under Section (1)(a) of this rule.(3) The requirement in subsection (1) of this section that a licensed or permitted person must submit a start card not less than three calendar days (72 hours) before beginning work on a well does not apply:(a) To a second or additional monitor well drilled on the same or a contiguous tax lot for the same landowner and for which a valid unexpired start card has been submitted pursuant to this section, if a start card for the second or additional monitor well is filed not later than the day the work on the monitor well begins.(b) During water emergencies or casing height adjustments, if a start card is submitted before work begins.(4) The Director or region office may provide an alternate means of a start card notification. If an alternative means of notification is used, the start card shall be received by the Department's Salem office within one week of beginning work on the monitoring well. A Monitoring Well Constructor whose license has been restricted by order shall provide notice as stipulated in the order.(5) Once received by the Department, the start card shall be confidential for a period of one year after it is received or until the monitoring well report required by OAR 690-240-0395 is received, whichever is shorter.(6) The start card may be used in an administrative enforcement action at any time, including the period of confidentiality. Once the start card is used for enforcement reasons, it is no longer confidential.(7) A separate start card and fee, if necessary, is required for each well that is constructed, altered, abandoned, or converted. This requirement includes unsuccessful wells and wells exempt from appropriation permit requirements under ORS 537.545.(8) Effective July 1, 2024, start cards shall be submitted to the department by electronic means unless prior written approval is received to submit paper start cards.(9) A start card expires if construction, alteration, abandonment or conversion of a well does not begin on or before 60 days after submission of the start card. If a start card expires, a new start card and fee must be submitted in compliance with ORS 537.762 and these rules before construction, alteration, abandonment or conversion of the well may occur. If a start card is withdrawn before expiring, the licensed or permitted person that submitted the start card may request that the fee paid for the withdrawn start card be transferred to a new start card.(10) For good cause shown, start cards may be extended in exigent circumstances one time for up to 30 calendar days with prior department approval. Requests for extension shall be submitted: (a) In writing on a department approved form prior to expiration of the start card. The form shall include: (A) The start card number;(B) A description of the circumstances that warrant extension of the start card;(D) Driller name and license number;(E) Owner name and contact information.(b) Electronically by department approved methods.(c) For the purposes of this rule, "good cause" means the exigent circumstances are due to circumstances beyond the reasonable control of the requester. [NOTE: Region office fax and telephone numbers are listed in Table 240-2. Water Resources Department Regional boundaries are shown in Figure 240-2.]
Or. Admin. Code § 690-240-0385
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09; WRD 5-2023, amend filed 06/22/2023, effective 7/1/2023Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992