FINAL BILL REPORT

SHB 231

                                  C 394 L 87

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives Rayburn, Nealey and Todd; by request of Department of Ecology)

Changing provisions relating to water well construction, reconstruction, and abandonment.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

SYNOPSIS AS ENACTED

BACKGROUND:

State law regulating the construction of water wells and those who construct such wells is administered by the Department of Ecology.  With certain exceptions, no person may engage in the construction of a water well by contract nor may a person be employed by a contractor to operate or supervise the operation of water well construction equipment without a license issued by the department.  A person who performs labor or services under the supervision and control of a licensed operator is exempted from licensure requirements.  For constructing water wells, licensees are exempt from the requirement of law that contractors be registered with the Department of Labor and Industries.

A person who violates certain provisions of the state's water pollution control statutes is subject to a penalty of up to $10,000 per day.  The penalty is imposed by a written notice from the department and, upon request, the department may remit or mitigate the penalty.  The penalty is appealable to the Pollution Control Hearings Board.

SUMMARY:

The Department of Ecology may levy a civil penalty of up to $100 per day for a violation of the state's water well construction laws or the rules or orders of the department under those laws.  The procedures of law governing the levying and review of penalties under the state's water pollution control laws apply to this civil penalty as well.  A copy of a notice that is sent to a water well contractor or construction operator regarding an improperly constructed well must be sent by the department to the owner of the well.

Water well contractors must notify the department of their intent to begin construction, reconstruction, or abandonment procedures at least 72 hours in advance of commencing work.  The notice must be submitted on forms provided by the department.  Rules of the department will provide for prior telephone notification by well drillers in exceptional situations.

A person seeking a water well construction operator's license must, in addition to other requirements of law, have at least two years of field experience with a licensed well driller or one year of field experience and the equivalent of at least one school year of qualifying educational training.

A provision of law is repealed exempting water well licensees from registering with the Department of Labor and Industries.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    31    15

EFFECTIVE:July 26, 1987