R655-4-5. Administrative Rule Infractions

  5.1 List of Infractions and Points.

  Licensed well drillers who commit the infractions listed below 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

                                                    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/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

                                                    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

  prior 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

  well driller's report/pump log or amended

  official well driller's report

  (well log) 100

TABLE 3

Level III Infractions of Construction Standards / Conditions

                                                     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

  locations of perforations, etc. 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 these rules 50

Failure to install a protective casing

  around a PVC well at the surface 50

Using improper casing joints 100

Using or attempting 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/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/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/plugs

  according to standard 75

Failure to install well intakes(screens,

  perforations, open bottom) 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/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

                                                    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 at the time 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 administrative rule(s) violated, 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 (30) points shall be deleted for obtaining six (6) 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 (20) 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 violation thereof.