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 40 Using water of unacceptable quality in the well drilling operation 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.