Utah Admin. Code 655-4-5

Current through Bulletin 2024-20, October 15, 2024
Section R655-4-5 - Administrative Rule Infractions
5.1 List of Infractions and Points.

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

5.2 When Points Are Assessed.

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.

5.3 Infraction Notice

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.

5.4 Appeal of Infractions.
5.4.1 If the infraction points do not require a hearing, a well driller may appeal an infraction within 30 days of the date the infraction notice was issued. The appeal shall be made in writing to the state engineer and shall state clearly and concisely the disputed facts, the supporting facts, and the relief sought.
5.4.2 A well driller may request reconsideration of a denied appeal by requesting a hearing before the Presiding Officer within 20 days of the denial. If the Presiding Officer does not respond within 20 days after the request is submitted, then it is deemed denied.
5.5 Deleting Points from the Driller Record.

Points assessed against a well driller's record shall remain on the record unless deleted through any of the following options:

5.5.1 Points shall be deleted three years after the date when the infraction is noted by the state engineer and the points are assessed against the driller's record.
5.5.2 One half the points on the record shall be deleted if the well driller is free of infractions for an entire year.
5.5.3 Thirty points shall be deleted for obtaining six hours of approved continuing education credits in addition to the credits required to renew the water well driller's license. A driller may exercise this option only once each year.
5.5.4 Twenty points shall be deleted for taking and passing, with a minimum score of 70%, the test covering the administrative requirements and the minimum construction standards. A driller may exercise this option only every other year.
5.6 Well Driller Hearings.

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.

5.7 Lack of Knowledge Not an Excuse.

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

Amended by Utah State Bulletin Number 2018-9, effective 4/9/2018
Adopted by Utah State Bulletin Number 2022-15, effective 7/26/2022