H-3634.1 _______________________________________________
HOUSE BILL 2452
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Bray, Horn, Valle, Rust, Prentice, Fraser and Haugen
Read first time 01/17/92. Referred to Committee on Environmental Affairs.
AN ACT Relating to water well construction and well driller licensing; amending RCW 18.104.020, 18.104.030, 18.104.040, 18.104.050, 18.104.070, 18.104.100, 43.21B.110, 18.104.150, 89.16.055, 18.104.155, and 18.104.180; adding new sections to chapter 18.104 RCW; creating new sections; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the public health and safety are threatened by inadequately regulated well construction and well and geotechnical boring decommissioning. The purpose of this act is to achieve compliance with the well drilling code, and to ensure that all well drillers are licensed, wells are properly constructed, and the ground water resources are protected by enhancing the authority of the department of ecology to administer the well construction program.
Sec. 2. RCW 18.104.020 and 1983 1st ex.s. c 27 s 14 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter, unless a different meaning is plainly required by the context.
(1) "Abandoned well" means a well that is unused, unmaintained, and, in the opinion of the department, is in such disrepair as to be unusable.
(2)
"Constructing a well" or "construct a well" means and
includes boring, digging, drilling, or excavating and installing casing,
sheeting, lining, ((or)) instrumentation, well screens, ((whether
in the installation of a new well or in)) or drilling a geotechnical
soil boring. "Constructing a well" or "construct a well"
also means the alteration of an existing well.
(((2)))
(3) "Consultant" means any person, firm, partnership,
copartnership, corporation, association, or other entity engaged in the
business of planning and implementing the design, supervision, and control of
resource protection well, geotechnical soil boring, or water well projects.
(4) "Decommission" means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifers.
(5) "Department" means the department of ecology.
(((3)))
(6) "Dewatering well" means a cased or lined excavation or boring
that is intended to withdraw or divert ground water for the purpose of
facilitating construction, stabilizing a landslide, or protecting an aquifer.
(7) "Director" means the director of the department of ecology.
(((4)))
(8) "Geotechnical soil boring" means an uncased well drilled for
purpose of obtaining soil samples to ascertain structural properties of the
subsurface. Such wells include auger borings, rotary borings, cone penetrometer
probes and vane shear probes or any other uncased ground penetration for
geotechnical information.
(9)
"Ground water" means and includes ground waters as defined in RCW
90.44.035((, as now or hereafter amended)).
(((5)))
(10) "Instrumentation well" means a well in which pneumatic or
electric geotechnical or hydrological instrumentation is permanently or
periodically installed to measure or monitor subsurface strength and movement.
Such wells include borehole extensometers, slope indicators, pneumatic or
electric pore pressure transducers, and load cells.
(11) "Monitoring well" means a well designed to obtain a representative ground water sample or designed to measure the water level elevation in either clean or contaminated water or soil.
(12) "Observation well" means a well designed to measure the depth to the water level elevation in either clean or contaminated water or soil.
(13)
"Operator" means any person((, other than a person exempted by RCW
18.104.180, who is employed by a water well contractor for the control and
supervision of the)) licensed under this chapter who controls,
supervises, or oversees construction of a ((water)) well ((or for
the operation of water)) or who operates well construction
equipment.
(((6)))
(14) "Owner" or "well owner" means the person, firm,
partnership, copartnership, corporation association, or other entity who owns
the property on which the well is constructed.
(15) "Pollution" and "contamination" have the meanings provided in RCW 90.48.020.
(16) "Resource protection well" means a cased boring used to determine the existence or migration of pollutants within an underground formation. Resource protection wells include monitoring wells, observation wells, piezometers, spill response wells, vapor extraction wells, and instrumentation wells.
(17) "Resource protection well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing resource protection wells or geotechnical soil borings.
(18)
"Water well" means and includes any excavation that is drilled,
cored, bored, washed, driven, dug, jetted, or otherwise constructed when the
intended use of the well is for the location, diversion, artificial recharge, observation,
monitoring, dewatering, or withdrawal of clean ground water. (("Water
well" does not mean an excavation made for the purpose of obtaining or
prospecting for oil, natural gas, minerals, or products of mining, or
quarrying, or for inserting media to repressure oil or natural gas bearing
formations, or for storing petroleum, natural gas, or other products.
(7))) (19)
"Water well contractor" means any person, firm, partnership,
copartnership, corporation, association, or other entity, licensed and
bonded under chapter 18.27 RCW, engaged in the business of constructing
water wells.
(20) "Well" means and includes water wells, resource protection wells, instrumentation wells, dewatering wells, and geotechnical soil borings. "Well" does not mean an excavation made for the purpose of obtaining or prospecting for oil, natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.
Sec. 3. RCW 18.104.030 and 1971 ex.s. c 212 s 3 are each amended to read as follows:
It is unlawful:
(1)
For any ((water well contractor)) person to supervise,
construct, alter, or decommission a ((water)) well ((for
compensation)) without complying with the ((licensing)) provisions
of this chapter;
(2)
For any ((water well contractor)) operator or consultant to
construct, alter, or decommission a ((water)) well ((for
compensation)) without complying with the rules ((and regulations))
for ((water)) well construction adopted pursuant to this chapter;
(3)
For any ((water)) well ((construction operator to supervise the
construction of a water well without having an operators license as provided in
this chapter)) drilling rig to be operated without a licensed operator
at the site;
(4) For an operator, water well contractor, or consultant to commence construction of a well until the notice of intent has been filed in accordance with RCW 18.104.048;
(5) For a prospective water well owner to have a water well drilled without first obtaining a water right permit, if a permit is required;
(6) For a person to tamper with or remove a well identification tag except during well alteration. The operator or consultant shall replace the identification tag if it is removed during well alteration. If nothing remains to which a replacement tag can be affixed, the operator on consultant shall inform the department of these circumstances.
Sec. 4. RCW 18.104.040 and 1991 c 3 s 249 are each amended to read as follows:
The department shall have the power:
(1) To issue, deny, suspend or revoke licenses pursuant to the provisions of this chapter;
(2) To enter upon lands for the purpose of:
(a) Inspecting, taking measurements from, or tagging any water well, drilled or being drilled, at all reasonable times; or
(b) Inspecting, taking measurements from, or tagging any resource protection well or geotechnical boring, drilled or being drilled, at all reasonable times;
(3) To
call upon or receive professional or technical advice from ((any)) the
department of health, the technical advisory group created in section 17 of
this act, or other public agency or ((any)) person;
(4) To
make such rules governing licensing ((hereunder)) and ((water))
well construction as may be appropriate to carry out the purposes of this
chapter. ((Without limiting the generality of the foregoing,)) The
department may, in cooperation with the department of health and the
technical advisory group, make rules regarding:
(a) Standards for the construction and maintenance of water wells and their casings;
(b)
Methods of capping, sealing ((artesian)), and decommissioning
wells ((and water wells to be abandoned or which may contaminate other)) to
prevent contamination of ground water resources and to protect public
health and safety;
(c)
Methods of artificial recharge of ground water bodies and of construction of
wells which insure separation of individual water bearing formations;
(d)
The manner of conducting and the content of examinations required to be taken
by applicants for license hereunder;
(e)
Requirements for consultants to file notices of intent, well reports, and
well fees for well projects planned, designed, implemented, supervised, or
controlled by the consultant;
(f)
Reporting requirements of ((water)) well contractors and
consultants;
(((f)))
(g) Limitations on ((water)) well construction in areas
identified by the department as requiring intensive control of withdrawals in
the interests of sound management of the ground water resource;
(5) To require the well operator in the construction of a well and the property owner in the maintenance of a well to guard against waste and contamination of the ground water resources;
(6) To require a well contractor, within one year of completion, to alter or, if necessary, decommission a well if there is reasonable evidence the well was defective at construction or was not constructed in accordance with the standards in effect at the time the well was constructed;
(7) To require a well operator or consultant to place a well identification tag on each new well the well operator or consultant constructs and on each existing well on which the well operator or consultant performs work;
(8) To order an active well to be repaired or sealed and to order an inactive well to be securely capped or decommissioned. After construction of a well is completed, proper maintenance of a well shall be the responsibility of the well owner;
(9) To require a well owner to decommission any well that is (a) abandoned, (b) unusable, (c) not intended for future use, (d) in such disrepair that its continued use is impractical, (e) is an environmental, safety, or public health hazard, or (f) for which the water right has been relinquished as provided in chapter 90.14 RCW;
(10) To place or require the owner to place a well identification tag on existing wells.
Sec. 5. RCW 18.104.050 and 1971 ex.s. c 212 s 5 are each amended to read as follows:
(1)
In order to enable the state to protect the ((welfare,)) health((,))
and safety of its citizens, ((any water)) a well ((contractor))
operator or consultant shall furnish a ((water)) well report to
the director within thirty days after the completion of the construction or
alteration by ((him of any water)) the operator of or consultant on
a well. The director, by ((regulation)) rule, shall
prescribe the form of the report and the information to be contained therein.
(2) A well drilling fee shall be remitted to the department along with the well report required in subsection (1) of this section as follows:
(a) The fee for a new water well with a minimum top casing diameter of less than twelve inches is one hundred dollars and twenty-five dollars for each additional monitoring or observation well at the same site.
(b) The fee for a new water well with a minimum top casing diameter of twelve inches or greater is two hundred dollars and twenty-five dollars for each additional monitoring or observation well at the same site.
(c) The fee for a new resource protection, observation, and monitoring well or a geotechnical soil boring is one hundred dollars for the first well or boring and twenty-five dollars for each additional well or boring at the same site.
(d) The fee for construction and decommissioning of a dewatering well is one hundred dollars for the first well and twenty-five dollars for each additional well at the same site.
Sec. 6. RCW 18.104.070 and 1987 c 394 s 2 are each amended to read as follows:
((Except
as provided in RCW 18.104.180,)) (1) No person may contract to
engage in the construction, alteration, or decommissioning of a water
well ((and no person may)) or geotechnical soil boring or act as
an operator for that purpose without first obtaining a water well
construction operator's license ((by applying to the department)).
(2)
A person shall be qualified to receive a water well construction operators
license if ((he)) the person:
(((1)))
(a) Has made application ((therefor)) to the department and has
paid to the department an application fee of ((twenty-five)) two
hundred dollars; and
(((2)))
(b)(i) Has at least two years of water well drilling field
experience with a licensed well driller or equivalent experience from
another state; (ii) has one year of water well drilling field
experience and an equivalent of at least one school year of qualifying
educational training that satisfies the criteria established by department rule;
or (iii) has acquired three thousand hours of water well drilling field
experience while operating with a water well construction operator's training
license as established in subsection (3) of this section; and
(((3)))
(c) Has passed a written examination as provided for in RCW 18.104.080((:
PROVIDED, That should any applicant establish his illiteracy to the
satisfaction of the department, such applicant shall be entitled to an oral
examination in lieu of the written examination authorized herein)).
This requirement shall not apply to a person who has passed the written
examination to obtain a water well operator's training license; and
(d) Has passed an on-site examination by the department if the person's qualifying field experience under (b)(i) of this subsection is from another state. The department may waive the on-site examination.
(3) The department may issue a water well construction operator's training license if the person:
(a) Has made application to the department and has paid to the department an application fee of one hundred dollars, which shall count towards the application fee for a water well construction operator's license upon satisfaction of the additional criteria specified in subsection (2)(b) of this section; and
(b) Has acquired at least one thousand hours of water well drilling field experience under the direct supervision of a licensed well driller; and
(c) Has passed a written examination as provided for in RCW 18.104.080; and
(d) Has passed an on-site examination by the department; and
(e) Presents a statement signed by the contractor under penalty of perjury as provided in RCW 9A.72.085 verifying that the applicant has at least one thousand hours of water well drilling experience and assuming liability for any and all drilling activities of the person seeking the training license.
(4) A person with a water well construction operator's training license may operate a drilling rig without the direct supervision of a licensed operator if a licensed operator is available by radio, telephone, or other means of communication.
NEW SECTION. Sec. 7. A new section is added to chapter 18.104 RCW to read as follows:
(1) No person may contract to engage in the construction, alteration, or decommissioning of a resource protection well or geotechnical soil boring without first obtaining a resource protection well construction operator's license.
(2) A person shall be qualified to receive a resource protection well construction operator's license if the person:
(a) Has made application to the department and has paid to the department an application fee of two hundred dollars; and
(b)(i) Has at least two years of resource protection well drilling field experience with a licensed well driller; (ii) has one year of resource protection well drilling field experience and an equivalent of at least one school year of qualifying educational training that satisfies the criteria established by department rule; or (iii) has three thousand hours of resource protection well drilling field experience while operating with a resource protection well construction operator's training license as established in subsection (3) of this section; and
(c) Has passed a written examination as provided for in RCW 18.104.080. This requirement shall not apply to a person who passed the written examination to obtain a resource protection well construction operator's training license; and
(d) Has passed an on-site examination by the department if the person's qualifying field experience under (b)(i) of this section is from another state. The department may waive the on-site examination.
(3) The department may issue a resource protection well construction operator's training license if the person:
(a) Submits an application and pays an application fee of one hundred dollars, which shall count towards the application fee for a resource protection well construction operator's license;
(b) Has at least one thousand hours of resource protection well drilling field experience under the direct supervision of a licensed well driller;
(c) Passes the written examination provided for in RCW 18.104.080; (d) Passes an on-site examination by the department; and
(e) Presents a statement, signed by the contractor under penalty of perjury as provided in RCW 9A.72.085 verifying that the applicant has at least one thousand hours of resource protection well drilling experience and assuming liability for any and all drilling activities of the person seeking the training license.
(4) A person with a resource protection well construction operator's training license may operate a drilling rig without direct supervision of a licensed operator if a licensed operator is accessible by radio, telephone, or other means of communication.
(5) A person with a license issued pursuant to this chapter before the effective date of this section may obtain a resource protection well construction operator's license by paying the application fee provided in subsection (2)(a) of this section and submitting evidence required by the department to demonstrate that the person has the required experience to construct resource protection wells.
Sec. 8. RCW 18.104.100 and 1971 ex.s. c 212 s 10 are each amended to read as follows:
(1)
The term ((for the effectiveness)) of any license issued pursuant to
this chapter shall be ((one)) two years((, commencing
on the date the license is issued)). ((Every)) A license
shall be renewed ((annually)) upon payment of a renewal fee of ((ten))
one hundred dollars and completion of eight hours of continuing
education focusing on legal requirements and well drilling technology. If
a licensee fails to submit an application for renewal, ((together with))
the renewal fee, ((before the end of the effective term of his license, his
license shall be suspended for thirty days on notice by the director. If his
renewal fee is paid prior to the end of said suspension period, the suspension
shall automatically terminate. If during the period of suspension renewal is
not completed, his license shall be revoked: PROVIDED, That the director shall
give the licensee ten days notice prior to the revocation of any license for
failure to renew)) and proof of completion of the required eight hours
of continuing education, the license shall expire at the end of its effective
term.
(2)
A person whose license ((is revoked under this section and who thereafter
desires to engage in the supervision of construction of water wells)) has
expired must ((make application)) apply for a new license ((and
pay twenty-five dollars)) as provided in RCW 18.104.070 and section 7 of
this act. The department may waive the requirement for a written examination
and on-site testing for a person whose license has expired.
(3) The department may refuse to renew a license if the licensee has not complied with a regulatory order issued by the department or has not paid a civil penalty levied in accordance with this chapter, unless the order or penalty is under appeal.
(4) The department may issue a conditional license to enable a former licensee to comply with an order to correct problems with a water well.
NEW SECTION. Sec. 9. A new section is added to chapter 18.104 RCW to read as follows:
(1) The department may, when requested by the governing body of a county, city, town, or health district, delegate to the governing body the authority to administer portions of the water well construction program.
(2) The department shall develop a model ordinance for use by local governing bodies that seek delegation of the water well construction program.
(3) A local governing body that seeks delegation or that has been delegated authority under this section shall adopt the state model ordinance for water well construction standards. A local governing body may adopt construction standards that are more stringent than the state's construction standards or that are more appropriate for the area. Local standards shall be approved by the director of the department before adoption.
(4) The department shall determine whether a local government that seeks delegation has:
(a) The resources, expertise, and capability to administer the program as described in a written proposal submitted to the department; and
(b) Indicated the intention to administer the program in accordance with the provisions of this chapter, the model ordinance, the education and training requirements for inspectors established by rule adopted by the department, and the minimum standards for construction and maintenance of water wells established by rule adopted by the department; and
(c) Submitted, along with the proposal to administer the program, any ordinance or proposed ordinance governing water well construction within the jurisdiction of the local governmental body seeking delegation.
(5) Upon submission of a proposal to administer the water well construction program by a local governing body, the department shall notify drilling contractors and operators of the proposal. The department shall provide a copy of the proposal and the ordinance or proposed ordinance to any person who requests a copy of the proposal and any current local ordinance or proposed ordinance regulating water well construction. The department shall accept written comments on the proposal or ordinance for sixty days.
(6) The specific authorities delegated to a local governing body by the department must be clearly stated in a memorandum of agreement between the department and the local governing body. The memorandum of agreement shall provide for an initial review of the delegation within one year and for periodic review thereafter.
(7) The department shall approve an ordinance implementing the memorandum of agreement before the adoption of the ordinance. After adoption of the ordinance, the delegation of authority under this section shall take effect on the effective date of the memorandum of agreement.
(8) The local governing body shall exercise any authority delegated under this section, and shall be administered in accordance with the provisions of this chapter, other applicable laws, the memorandum of agreement, and applicable ordinances. If the department determines, after a public hearing, that a local governing body is not administering the program in accordance with this chapter, it shall notify the local governing body of the deficiencies. If corrective action is not taken within a reasonable time, not to exceed sixty days, the department by order shall withdraw the delegation of authority.
(9) The department shall promptly furnish the local governing body with a delegation of authority with a copy of each water well report and notification of start cards received in the area covered by a delegated program.
(10) The department and local governing bodies that are delegated authority over portions of the water well construction program shall coordinate to reduce duplication of effort, and shall share all appropriate information including technical reports, violations, well reports, and any needed or proposed changes in water well construction and maintenance standards.
(11) Any person aggrieved by a ruling under a delegated program may obtain review of the program before the pollution control hearings board in the same manner as review is obtained of rulings of the department under RCW 18.104.130.
(12) The department shall not delegate the authority to license water well contractors, renew licenses, receive state notices of intent and well reports, or collect state fees provided for in this chapter.
Sec. 10. RCW 43.21B.110 and 1989 c 175 s 102 are each amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local governing bodies delegated authority to administer portions of the water well construction program pursuant to section 9 of this act, or local health departments:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 90.03.600, 90.48.144, and 90.48.350.
(b) Orders issued pursuant to section 9 of this act, RCW 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 90.14.130, and 90.48.120.
(c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit.
(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
(e) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
(f) Decisions of local governing bodies delegated authority to administer portions of the water well construction program as provided for in section 9 of this act.
(2) The following hearings shall not be conducted by the hearings board:
(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.
(d) Hearings conducted by the department to adopt, modify, or repeal rules.
(3)
Review of rules ((and regulations)) adopted by the hearings board shall
be subject to review in accordance with the provisions of the Administrative
Procedure Act, chapter 34.05 RCW.
NEW SECTION. Sec. 11. The department shall initiate a pilot project for identifying and tagging existing wells. If possible, the pilot project shall be located within an existing designated ground water management area or ground water subarea established under chapter 90.44 RCW. The purpose of the pilot project is to evaluate the cost of a state-wide well identification effort. The department shall prepare a report of its evaluation of the pilot project and the estimated level of effort and cost to locate, identify, and tag all wells in the state.
Sec. 12. RCW 18.104.150 and 1971 ex.s. c 212 s 15 are each amended to read as follows:
((All
receipts realized in the administration of this chapter shall be paid into the
general fund.))
(1) All well drilling and license fees paid under provisions of this chapter shall be credited by the state treasurer to the reclamation revolving account established by chapter 89.16 RCW. Subject to legislative appropriation, the funds collected under this chapter shall be allocated and expended by the director for the administration of the well construction, well operators licensing and education programs.
(2) The department may contract with local governing bodies delegated portions of the water well construction program to provide funds from the reclamation revolving account to assist in supporting water well inspectors hired by the local governing body. Funds provided to a local governing body from the reclamation revolving account shall not exceed the revenues generated from water well drilling fees for the portion of the program delegated and from the area in which authority is delegated to the local governing body.
Sec. 13. RCW 89.16.055 and 1981 c 216 s 1 are each amended to read as follows:
In addition to the powers provided in RCW 89.16.050, the department of ecology is authorized and empowered to:
(1) Conduct surveys, studies, investigations, and water right examinations for proposed reclamation projects or the rehabilitation of existing reclamation projects that may be funded fully or partially from the receipts of the sale of bonds issued by the state of Washington.
(2) Support the preparation for and administration of proceedings, provided in RCW 90.03.110 or 90.44.220, or both, pertaining to river systems or other water bodies that are associated with existing or proposed reclamation projects.
(3) Conduct a regulatory program for well construction as provided in chapter 18.104 RCW.
Funds of the account established by RCW 89.16.020 may, as appropriated by the legislature, be used in relation to the powers provided in this section, notwithstanding any other provisions of chapter 89.16 RCW that may be to the contrary.
Sec. 14. RCW 18.104.155 and 1987 c 394 s 1 are each amended to read as follows:
(1)
The department of ecology may ((levy)) assess a civil penalty ((of
up to one hundred dollars per day)) for a violation of the
provisions of this chapter or rules or orders of the department adopted or
issued pursuant to it. ((Procedures of RCW 90.48.144 shall be applicable to
all phases of levying of such a penalty as well as review and appeal of them))
(2) There shall be three categories of violations: General, significant, and major.
(a) A general violation is a violation that does not seriously threaten public health, safety, and the environment. General violations include, but are not limited to:
(i) Failure to submit completed start cards and well reports within the required time;
(ii) Failure to submit variance requests before construction;
(iii) Failure to submit well drilling fees;
(iv) Failure to place a well identification tag on a new well; and
(v) Minor or repairable construction problems.
(b) A significant violation is a violation that poses a critical or serious threat to public health, safety, and the environment. Significant violations include, but are not limited to:
(i) Improper well construction;
(ii) Improper location or siting of a well;
(iii) Construction of a water well without a permit, when required;
(iv) Violation of decommissioning requirements; or
(v) Repeated general violations.
(c) A major violation is the construction of a well by a person without a license or after that person's license has been revoked.
(3)(a) The penalty for a general violation shall be not less than one hundred dollars and not more than five hundred dollars. Before the imposition of a penalty for a general violation, the department may issue an order of noncompliance to provide opportunity for mitigation or compliance.
(b) The penalty for a significant violation or a major violation shall be not less than five hundred dollars and not more than ten thousand dollars.
(4) In determining the appropriate penalty under subsection (3) of this section the department shall consider whether the person:
(a) Has demonstrated a general disregard for public health and safety through the number and magnitude of the violations;
(b) Has demonstrated a disregard for the well construction laws or rules in repeated or continuous violations; or
(c) Knew or reasonably should have known of circumstances that resulted in the violation.
(5) Penalties provided for in this section shall be imposed pursuant to RCW 43.21B.300.
(6)
For ((each notice regarding)) informational purposes, a copy
of the notice of violation((, resulting from the improper construction
of a well, that is sent to a water well contractor or water well construction
operator, the department shall send a copy of the notice for information
purposes only to the owner of the land on which the improperly constructed well
is located)) shall be sent by the department to the landlord of record.
NEW SECTION. Sec. 15. A new section is added to chapter 18.104 RCW to read as follows:
All fines and penalties collected under this chapter shall be deposited in a special restoration account to ensure adequate moneys for the restoration of water resources damaged by violations of this chapter.
Sec. 16. RCW 18.104.180 and 1971 ex.s. c 212 s 18 are each amended to read as follows:
((No
license hereunder shall be required of:
(1)
Any individual who personally drills a well on land which is owned or leased by
him or in which he has a beneficial interest as a contract purchaser and is
used by the individual for farm or noncommercial domestic use only.
(2)
Any)) An individual who performs labor or services
for a ((water)) well contractor in connection with the drilling of a
well at the direction and under the supervision and control of a licensed
operator who is present at the drilling site is not required to be licensed
under this chapter.
NEW SECTION. Sec. 17. A new section is added to chapter 18.104 RCW to read as follows:
(1) For the purpose of carrying out the provisions of this chapter, the director shall appoint a technical advisory group, chaired by the department, with membership consisting of an individual knowledgeable in the science of the design and installation of water wells and resource protection wells, a resource protection well driller, a water well driller, a local health official, and a representative from the department of health.
(2) The technical advisory group shall assist the department in the development and revision of rules; the preparation and revision of licensing examinations; the development of training criteria for inspectors and drillers; and the review of proposed changes to the minimum standards for construction and maintenance of water wells by local governments for the purpose of achieving continuity with technology and state rules.
(3) The group shall meet at least once every two years to review rules and suggest any necessary changes.
(4) Each member of the group will be compensated in accordance with RCW 43.03.240 and will be reimbursed for travel expenses while engaged in the business of the group as prescribed in RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 18. This act shall take effect July 1, 1992.
NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.