Licensed well drillers who commit the infractions listed in Table 1 shall have assessed against their well drilling record the number of points assigned to the infraction.
TABLE 1 Level I Infractions of Administrative Requirements | |
Infraction | Points |
Well log submitted late | 10 |
Failure to submit a Pump Log | 10 |
Well abandonment report submitted late | 10 |
License number or company name not clearly posted on well drilling rig or pump rig | 10 |
Failing to notify the state engineer of a change in the well licensee's company name | 10 |
Failure to properly notify the state engineer before the proposed start date shown on the Start Card | 20 |
Failure to properly notify the state engineer before the abandonment of a regulated well | 20 |
Failure to notify the state engineer of a change of start date | 50 |
Constructing a replacement well further than 150 ft from the original well without the authorization of an approved change application | 50 |
Failure to drill at the state engineer-approved location as identified on the Start Card | 50 |
Removing the well drilling rig from the well site before completing the well or temporarily or permanently abandoning the well | 50 |
TABLE 2 Level II Infractions of Administrative Requirements | |
Infraction | Points |
Employing an operator who is not registered with the state | 75 |
Contracting out work to an unlicensed driller, using the unlicensed driller's rig, without written approval from the state | 75 |
Performing any well drilling activity without valid authorization, except in emergency situations | 100 |
Intentionally making a material misstatement of fact in an official log or amended log | 100 |
TABLE 3 Level III Infractions of Construction Standards and Conditions | |
Infraction | Points |
Approvals Using a method of drilling not listed on the well driller's license | 30 |
Failing to comply with any conditions included on the well approval such as minimum or maximum depths, specified location of perforations | 50 |
Performing any well construction activity in violation of a red tag cease work order | 100 |
Casing Failure to extend well casing at least 18" above ground | 30 |
Failure to install casing in accordance with this rule | 50 |
Failure to install a protective casing around a PVC well at the surface | 50 |
Using improper casing joints | 100 |
Using or trying to use sub-standard well casing | 100 |
Surface Seals Using improper products or procedures to install a surface seal | 100 |
Failure to seal off artesian flow on the outside of casing | 100 |
Failure to install surface seal to adequate depth based on formation type | 100 |
Failure to install interval seals to eliminate aquifer commingling or cross contamination | 100 |
Well Abandonment Using improper procedures to abandon a well | 100 |
Using improper products to abandon a well | 100 |
Construction Fluids Using water of unacceptable quality in the well drilling operation | 40 |
Using an unacceptable mud pit | 40 |
Failure to use treated or disinfected water for drilling processes | 40 |
Using improper circulation materials or drilling chemicals | 100 |
Filter or Gravel Packs and Formation Stabilizers Failure to disinfect filter pack | 40 |
Failure to install filter pack properly | 75 |
Failure to install formation stabilizer according to standard | 75 |
Well Completion Failure to make well accessible to water level or pressure head measurements | 30 |
Failure to install casing annular seals, cap, and valving, and to control artesian flow | 30 |
Failure to disinfect a well upon completion of well drilling activity | 40 |
Failure to install sanitary well capping according to standard | 75 |
Failure to install a pitless adapter or unit according to standard | 75 |
Failure to develop and test a well according to standard | 75 |
Failure to hydrofracture a well according to standard | 75 |
Failure to install packers or plugs according to standard | 75 |
Failure to install well intakes, including screens, perforations, and open bottoms, according to standard | 75 |
Failure to install non-production wells according to standard | 100 |
Pump Installation and Repair Failure to extend well casing at least 18" above ground | 30 |
Failure to make well accessible to water level or pressure head measurements | 30 |
Failure to install casing annular seals, cap, and valving, and to control artesian flow | 30 |
Failure to disinfect a well upon completion of pump activity | 40 |
Failure to install a protective casing around a PVC well at the surface | 50 |
Failure to maintain surface completion and security standards | 75 |
Failure to install or maintain backflow protection | 75 |
Failure to develop and test a well according to standard | 75 |
Failure to install sanitary well capping according to standard | 75 |
Failure to install a pitless adapter or unit according to standard | 75 |
Failure to prevent contamination from entering a well through placement, products, tools, and materials | 100 |
Failure to repair a well's surface seal | 100 |
General Failure to securely cover an unattended well during construction | 30 |
Failure to engage in well drilling activity in accordance with accepted industry practices | 100 |
TABLE 4 Level IV Infractions of Application Requirements | |
Infraction Points | |
Submitting an initial license or registration application that contains false or misleading information | 100 |
Points will be assessed against a driller's record upon verification by the state engineer that an infraction has occurred. Points will be assessed when the state engineer becomes aware of the infraction regardless of when the infraction occurred.
When infraction points are assessed against a well driller's record, the state engineer shall issue an infraction notice to the well driller. The notice shall include an explanation of the alleged violations, the date the alleged violations were discovered and the approximate date of occurrence, the number of points assessed for each infraction, the total number of points on the well drillers record, an explanation of the adjudicative process to appeal a cease and desist order and or infraction notice, and an explanation of how to delete points from the driller record, an any other information deemed pertinent by the state engineer.
Points assessed against a well driller's record shall remain on the record unless deleted through any of the following options:
When the number of infraction points assessed against the well driller's record equals or exceeds 100, the state engineer shall submit a request to the Presiding Officer for a hearing. The requested purpose of the hearing shall be to determine if administrative penalties should be levied against the water well driller including fines and probation, suspension, or revocation of the water well driller's. In lieu of a hearing, the well driller may request a preliminary conference to resolve and agree upon the dispute, fines, and penalties. If resolution cannot be reached at the preliminary conference, a hearing shall be held.
Lack of knowledge of the law or the administrative requirements and minimum construction standards related to well drilling shall not constitute an excuse for committing a violation.
Utah Admin. Code R655-4-5