1806-S AMH REV H2156.1

 

 

 

SHB 1806 - H COMM AMD ADOPTED 03-16-93

By Committee on Revenue

 

                                                                   

 

    Strike everything after the enacting clause and insert the following:

 

    "Sec. 1.  RCW 18.104.010 and 1971 ex.s. c 212 s 1 are each amended to read as follows:

    The legislature declares that the drilling, making or constructing of ((water)) wells ((using the ground water resources)) within the state is a business and activity of vital interest to the public.  In order to protect the public health, welfare, and safety of the people it is necessary that provision be made for the regulation and licensing of ((water)) well contractors and operators and for the regulation of ((water)) well design and construction.

 

    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 is in such disrepair as to be unusable.

    (2) "Constructing a well" or "construct a well" means ((and includes)):

    (a) Boring, digging, drilling, or excavating ((and)) a well;

    (b) Installing casing, sheeting, lining, or well screens, ((whether in the installation of a new well or)) in a well; or

    (c) Drilling a geotechnical soil boring.

    "Constructing a well" or "construct a well" includes the alteration of an existing well.

    (((2))) (3) "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.

    (4) "Department" means the department of ecology.

    (((3))) (5) "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.

    (6) "Director" means the director of the department of ecology.

    (((4))) (7) "Geotechnical soil boring" or "boring" means an uncased well drilled for purpose of obtaining soil samples to ascertain structural properties of the subsurface.  Geotechnical soil boring includes auger borings, rotary borings, cone penetrometer probes and vane shear probes, or any other uncased ground penetration for geotechnical information.

    (8) "Ground water" means and includes ground waters as defined in RCW 90.44.035((, as now or hereafter amended)).

    (((5))) (9) "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.  Instrumentation well includes borehole extensometers, slope indicators, pneumatic or electric pore pressure transducers, and load cells.

    (10) "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.

    (11) "Observation well" means a well designed to measure the depth to the water level elevation in either clean or contaminated water or soil.

    (12) "Operator" means ((any)) a person((, other than a person exempted by RCW 18.104.180,)) who (a) is employed by a ((water)) well contractor ((for the control and supervision of the)); (b) is licensed under this chapter; or (c) who controls, supervises, or oversees the construction of a ((water)) well ((or for the operation of water)) or who operates well construction equipment.

    (((6))) (13) "Owner" or "well owner" means the person, firm, partnership, copartnership, corporation association, or other entity who owns the property on which the well is or will be constructed.

    (14) "Pollution" and "contamination" have the meanings provided in RCW 90.48.020.

    (15) "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.

    (16) "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.

    (17) "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 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))) (18) "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.

    (19) "Well" means 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.

    (20) "Well contractor" means a resource protection well contractor and a water well contractor.

 

    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 to construct a water well for compensation without complying with)) and 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)) (2) For any person to cause a well to be constructed in violation of the standards for well construction established by this chapter and rules adopted by the department pursuant to this chapter;

    (3) For a prospective water well owner to have a water well constructed without first obtaining a water right permit, if a permit is required;

    (4) For any person to construct, alter, or decommission a well unless the fees required by section 9 of this act have been paid;

    (5) For a person to tamper with or remove a well identification tag except during well alteration; and

    (6) Except as provided in RCW 18.104.180, for any person to contract to engage in the construction of a well or to act as a well operator without first obtaining a license pursuant to this chapter.

 

    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) At all reasonable times, to enter upon lands for the purpose of inspecting, taking measurements from, or tagging any ((water)) well, ((drilled or being drilled, at all reasonable times)) constructed or being constructed;

    (3) To call upon or receive professional or technical advice from ((any)) the department of health, the technical advisory group created in section 25 of this act, or any other public agency or ((any)) person;

    (4) To ((make such)) adopt rules, in consultation with the department of health and the technical advisory group created in section 25 of this act, 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 rules adopted by the department may ((in cooperation with the department of health make rules regarding)) include, but are not limited to:

    (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 the filing of notices of intent, well reports, and the payment of fees;

    (f) Reporting requirements of ((water)) well contractors;

    (((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 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 the operator to place a well identification tag on a new well and on an existing well on which work is performed after the effective date of rules requiring well identification tags and to place or require the owner to place a well identification tag on an existing well;

    (7) To require the well owner to repair or decommission any well:

    (a) That is abandoned, unusable, or not intended for future use; or

    (b) That is an environmental, safety, or public health hazard.

 

    Sec. 5.  RCW 18.104.043 and 1992 c 67 s 2 are each amended to read as follows:

    (1) If requested in writing by the governing body of a local health district or county, the department by memorandum of agreement may delegate to the governing body the authority to administer and enforce the well tagging, sealing, and decommissioning portions of the water well construction program.

    (2) The department shall determine whether a local health district or county that seeks delegation under this section has the resources, capability, and expertise, including qualified field inspectors, to administer the delegated program.  If the department determines the local government has these resources, it shall notify ((drilling)) well contractors, consultants, and operators of the proposal.  The department shall accept written comments on the proposal for sixty days after the notice is mailed.

    (3) If the department determines that a delegation of authority to a local health district or county to administer and enforce the well sealing and decommissioning portions of the water well construction program will enhance the public health and safety and the environment, the department and the local governing body may enter into a memorandum of agreement setting forth the specific authorities delegated by the department to 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.

    (4) The local governing body shall exercise any authority delegated under this section in accordance with this chapter, other applicable laws, the memoran­dum of agreement, and applicable ordinances.  If, after a public hearing, the department determines 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.

    (5) The department shall promptly furnish the local governing body with a copy of each water well report and notification of start cards received in the area covered by a delegated program.

    (6) The department and the local governing body shall coordinate to reduce duplication of effort and shall share all appropriate information including technical reports, violations, and well reports.

    (7) Any person aggrieved by a decision of a local health district or county under a delegated program may appeal the decision to the department.  The department's decision is subject to review by the pollution control hearings board as provided in RCW ((18.104.130)) 43.21B.110.

    (8) The department shall not delegate the authority to license ((water)) well contractors, renew licenses, receive notices of intent to commence ((drilling)) constructing a well, receive well reports, or collect state fees provided for in this chapter.

 

    Sec. 6.  RCW 18.104.048 and 1987 c 394 s 3 are each amended to read as follows:

    ((To enable the department to monitor the construction, reconstruction, and abandonment of water wells more efficiently and effectively, water well contractors)) A property owner or the owner's agent shall ((provide notification to)) notify the department of ((their)) his or her intent to begin well construction, reconstruction, or ((abandonment)) decommissioning procedures at least seventy-two hours in advance of commencing work.  The ((notification)) notice shall be submitted on forms provided by the department and shall be accompanied by the fees required by section 9 of this act.  The notice shall contain the name of the owner of the well, location of the well, proposed use, approximate start date, ((driller's)) well contractor's or operator's name and license number, ((drilling)) company's name, and other pertinent information as prescribed by rule of the department.  Rules of the department shall also provide for prior telephonic notification by well ((drillers)) contractors or operators in exceptional situations.  The department shall issue a receipt indicating that the notice required by this section has been filed and the fees required by section 9 of this act have been paid not later than three business days after the department has received the notice and fees.

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 18.104 RCW to read as follows:

    The department by rule shall adopt procedures to permit a well operator to modify construction standards to meet unforeseen circumstances encountered during the construction of a well.  The procedures shall be developed in consultation with the technical advisory group established in section 25 of this act.

 

    Sec. 8.  RCW 18.104.050 and 1971 ex.s. c 212 s 5 are each amended to read as follows:

    ((In order to enable the state to protect the welfare, health and safety of its citizens, any water)) (1) A well contractor shall furnish a ((water)) well report to the director within thirty days after the completion of the construction or alteration of a well by ((him of any water well)) the contractor.  The director, by ((regulation)) rule, shall prescribe the form of the report and the information to be contained therein.

    (2) In the case of a dewatering well project:

    (a) A single well construction report may be submitted for all similar dewatering wells constructed with no significant change in geologic formation; and

    (b) A single well decommissioning report may be submitted for all similar dewatering wells decommissioned that have no significant change in geologic formation.

 

    NEW SECTION.  Sec. 9.  A new section is added to chapter 18.104 RCW to read as follows:

    (1) A fee is hereby imposed on each well constructed in this state on or after July 1, 1993.

    (2)(a) The fee for one new water well, other than a dewatering well, with a minimum top casing diameter of less than twelve inches is one hundred dollars.

    (b) The fee for one new water well, other than a dewatering well, with a minimum top casing diameter of twelve inches or greater is two hundred dollars.

    (c) The fee for a new resource protection, observation, and monitoring well is forty dollars for each well.

    (d) The combined fee for construction and decommissioning of a dewatering well system shall be forty dollars for each two hundred horizontal lineal feet, or portion thereof, of the dewatering well system.

    (3) The fees imposed by this section shall be paid at the time the notice of well construction is submitted to the department as provided by RCW 18.104.048.  The department by rule may adopt procedures to permit the fees required for resource protection wells to be paid after the number of wells actually constructed has been determined.  The department shall refund the amount of any fees collected for any wells on which construction is not started.

 

    Sec. 10.  RCW 18.104.060 and 1971 ex.s. c 212 s 6 are each amended to read as follows:

    Notwithstanding and in addition to any other powers granted to the department, whenever it appears to the director, or to an assistant authorized by the director to issue regulatory orders under this section, that a person is violating or is about to violate any of the provisions of this chapter, the director, or ((his)) the director's authorized assistant, may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to the addressee only with return receipt requested and acknowledged by him or her.  The order shall specify the provision of this chapter, and if applicable, the rule ((or regulation)) adopted pursuant to this chapter alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time.  ((A regulatory)) An order issued ((hereunder)) under this chapter shall become effective immediately upon receipt by the person to whom the order is directed, and shall become final unless review thereof is requested as provided in this chapter.

 

    NEW SECTION.  Sec. 11.  A new section is added to chapter 18.104 RCW to read as follows:

    (1) The department may order a well contractor or well operator to repair, alter, or decommission a well if the department demonstrates that the construction of the well did not meet the standards for well construction in effect at the time construction of the well was completed.

    (2) The department may not issue an order pursuant to this section:

    (a) For wells for which construction has been substantially completed before July 1, 1993, more than six years after construction has been substantially completed; or

    (b) For wells for which construction has been substantially completed on or after July 1, 1993, more than three years after construction has been substantially completed.

    For purposes of this subsection, "construction has been substantially completed" has the same meaning as "substantial completion of construction" in RCW 4.16.310.

    (3) Subsection (2) of this section shall only apply to a well for which the notice of construction required by RCW 18.104.048 and the report required by RCW 18.104.050 have been filed with the department.

 

    Sec. 12.  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, no person may contract to engage in the construction of a water well and no person may act as an operator without first obtaining a license by applying to the department.))

    A person shall be qualified to receive a water well ((construction)) operator's license if ((he)) the person:

    (1) Has ((made)) submitted a completed application ((therefor)) to the department on forms provided by the department and has paid to the department ((an)) the application fee ((of twenty-five dollars)) determined by rule adopted pursuant to this chapter; and

    (2) Has ((at least two years of field experience with a licensed well driller or one year of field experience and an equivalent of at least one school year of qualifying educational training that satisfies the criteria established by department rule)) the field experience and educational training required by rule adopted by the department pursuant to this chapter; and

    (3) 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)); and

    (4) Has passed an on-site examination by the department if the person's qualifying field experience under subsection (2) of this section is from another state.  The department may waive the on-site examination.

 

    NEW SECTION.  Sec. 13.  A new section is added to chapter 18.104 RCW to read as follows:

    The department may issue a water well construction operator's training license if the person:

    (1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;

    (2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;

    (3) Has passed a written examination as provided for in RCW 18.104.080;

    (4) Has passed an on-site examination by the department; and

    (5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in RCW 9A.72.085, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license.

    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. 14.  A new section is added to chapter 18.104 RCW to read as follows:

    A person shall be qualified to receive a resource protection well operator's license if the person:

    (1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;

    (2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;

    (3) 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

    (4) Has passed an on-site examination by the department if the person's qualifying field experience is from another state.  The department may waive the on-site examination.

    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 determined by rule adopted by the department pursuant to this chapter and submitting evidence required by the department to demonstrate that the person has the required experience to construct resource protection wells.

 

    NEW SECTION.  Sec. 15.  A new section is added to chapter 18.104 RCW to read as follows:

    The department may issue a resource protection well operator's training license if the person:

    (1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;

    (2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;

    (3) Has passed a written examination as provided for in RCW 18.104.080;

    (4) Has passed an on-site examination by the department; and

    (5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in RCW 9A.72.085, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license.

    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.

 

    Sec. 16.  RCW 18.104.080 and 1991 c 3 s 250 are each amended to read as follows:

    The examination((, which is made a prerequisite for obtaining a license hereunder,)) for a license issued pursuant to this chapter shall be prepared to test knowledge and understanding of at least the following subjects:

    (1) Washington ground water laws as they relate to well construction;

    (2) Sanitary standards for ((water)) well drilling and construction of ((water)) wells;

    (3) Types of ((water)) well construction;

    (4) Drilling tools and equipment;

    (5) Underground geology as it relates to ((water)) well construction; and

    (6) Rules of the department and the department of health relating to ((water)) well construction.

    Examinations shall be held at such times and places as may be determined by the department but not later than thirty days after an applicant has filed a completed application with the department.  The department shall make a determination of the applicant's qualifications for a license within ten days after the examination.

 

    Sec. 17.  RCW 18.104.100 and 1971 ex.s. c 212 s 10 are each amended to read as follows:

    ((The term for the effectiveness of any license)) (1) Licenses issued pursuant to this chapter shall be ((one)) renewed every 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 dollars)) and completion of continuing education required by rule adopted by the department.  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 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)) this chapter.  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 an order issued by the department or has not paid a penalty imposed 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 well.

 

    Sec. 18.  RCW 18.104.110 and 1991 c 3 s 251 are each amended to read as follows:

    In cases other than those relating to the failure of a licensee to renew a license, ((any license issued hereunder may be suspended or revoked by)) the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

    (1) For fraud or deception in obtaining the license;

    (2) For fraud or deception in reporting under RCW 18.104.050;

    (3) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

    No license shall be suspended for more than six months.  No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.

 

    Sec. 19.  RCW 18.104.120 and 1983 c 93 s 1 are each amended to read as follows:

    Any person with an economic or noneconomic interest may make a complaint against any ((water)) well contractor or operator for violating this chapter or any regulations under it to the department of ecology.  The complaint shall be in writing, signed by the complainant, and specify the grievances against the licensee.  The department shall respond to the complaint by issuance of an order it deems appropriate.  Review of the order shall be subject to the hearings procedures set forth in RCW 18.104.130.

 

    Sec. 20.  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 fees paid under this chapter shall be credited by the state treasurer to the reclamation account established by chapter 89.16 RCW.  Subject to legislative appropriation, the fees 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 shall provide grants to local governing entities that have been delegated portions of the well construction program pursuant to RCW 18.104.043 to assist in supporting well inspectors hired by the local governing body.  Grants provided to a local governing body shall not exceed the revenues generated from fees for the portion of the program delegated and from the area in which authority is delegated to the local governing body.

 

    Sec. 21.  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 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:  Minor, serious, and major.

    (a) A minor violation is a violation that does not seriously threaten public health, safety, and the environment.  Minor 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 construction fees;

    (iv) Failure to place a well identification tag on a new well; and

    (v) Minor or reparable construction problems.

    (b) A serious violation is a violation that poses a critical or serious threat to public health, safety, and the environment.  Serious violations include, but are not limited to:

    (i) Improper well construction;

    (ii) Intentional and improper location or siting of a well;

    (iii) Construction of a well without a required permit;

    (iv) Violation of decommissioning requirements;

    (v) Repeated minor violations; or

    (vi) Construction of a well by a person whose license has expired or has been suspended for not more than ninety days.

    (c) A major violation is the construction of a well by a person:

    (i) Without a license; or

    (ii) After the person's license has been suspended for more than ninety days or revoked.

    (3)(a) The penalty for a minor violation shall be not less than one hundred dollars and not more than five hundred dollars.  Before the imposition of a penalty for a minor violation, the department may issue an order of noncompliance to provide an opportunity for mitigation or compliance.

    (b) The penalty for a serious violation shall be not less than five hundred dollars and not more than five thousand dollars.

    (c) The penalty for a major violation shall be not less than five thousand 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.  The department shall provide thirty days written notice of a violation as provided in RCW 43.21B.300(3).

    (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 also be sent by the department to the well owner.

    (7) Penalties collected by the department pursuant to this section shall be deposited in the reclamation account established by chapter 89.16 RCW.  Subject to legislative appropriation, the penalties may be spent only for purposes related to the restoration and enhancement of ground water resources in the state.

 

    Sec. 22.  RCW 43.21B.110 and 1992 c 174 s 13 and 1992 c 73 s 1 are each reenacted and 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, the administrator of the office of marine safety, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:

    (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.

    (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 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) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

    (f) Any other decision by the department, the administrator of the office of marine safety, or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

    (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.

 

    Sec. 23.  RCW 43.21B.300 and 1992 c 73 s 2 are each amended to read as follows:

    (1) Any civil penalty provided in RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330 shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department, the administrator of the office of marine safety, or the local air authority, describing the violation with reasonable particularity.  Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department, the administrator, or the authority for the remission or mitigation of the penalty.  Upon receipt of the application, the department, the administrator, or authority may remit or mitigate the penalty upon whatever terms the department, the administrator, or the authority in its discretion deems proper.  The department or the authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

    (2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department, the administrator, or authority thirty days after receipt by the person penalized of the notice imposing the penalty or thirty days after receipt of the notice of disposition of the application for relief from penalty.

    (3) A penalty shall become due and payable on the later of:

    (a) Thirty days after receipt of the notice imposing the penalty;

    (b) Thirty days after receipt of the notice of disposition on application for relief from penalty, if such an application is made; or

    (c) Thirty days after receipt of the notice of decision of the hearings board if the penalty is appealed.

    (4) If the amount of any penalty is not paid to the department or the administrator within thirty days after it becomes due and payable, the attorney general, upon request of the department or the administrator, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty.  If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business.  In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

    (5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7), RCW 70.94.431, the disposition of which shall be governed by that provision, RCW 70.105.080, which shall be credited to the hazardous waste control and elimination account, created by RCW 70.105.180, and RCW 90.56.330, which shall be credited to the coastal protection fund created by RCW 90.48.390.

 

    Sec. 24.  RCW 18.104.180 and 1971 ex.s. c 212 s 18 are each amended to read as follows:

    No license ((hereunder)) under this chapter shall be required of:

    (1) Any individual who personally ((drills)) constructs a well on land which is owned or leased by ((him)) the individual or in which ((he)) the individual has a beneficial interest as a contract purchaser and is used by the individual for farm or ((noncommercial domestic)) single-family residential use only.  An individual who constructs a well without a license pursuant to this subsection shall comply with all other requirements of this chapter and rules adopted by the department, including but not limited to, well construction standards, payment of well construction fees, and notification of well construction required by RCW 18.104.048.  An individual without a license may construct not more than one well every two years pursuant to the provisions of this subsection.

    (2) ((Any)) An individual who performs labor or services for a ((water)) well contractor in connection with the ((drilling)) construction of a well at the direction and under the supervision and control of a licensed operator who is present at the construction site.

    (3) A person licensed under the provisions of chapter 18.08 or 18.43 RCW if in the performance of duties covered by those licenses.

 

    NEW SECTION.  Sec. 25.  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.  The technical advisory group shall have twelve members:  Two members shall represent the department of ecology, six members shall represent resource protection well contractors or water well contractors, one member shall represent the department of health, one member shall represent local health departments, one member shall represent licensed professional engineers, and one member shall be a scientist knowledgeable in the design and construction of wells.

    (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, well contractors, and well operators; and the review of proposed changes to the minimum standards for construction and maintenance of wells by local governments for the purpose of achieving continuity with technology and state rules.

    (3) The group shall meet at least twice each year to review rules and suggest any necessary changes.

    (4) Each member of the group shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses while engaged in the business of the group as prescribed in RCW 43.03.050 and 43.03.060.

 

    Sec. 26.  RCW 18.104.900 and 1971 ex.s. c 212 s 19 are each amended to read as follows:

    This chapter shall be known and may be cited as the "Washington ((Water)) well construction act(("))."

 

    Sec. 27.  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.

 

    NEW SECTION.  Sec. 28.  Section 5 of this act expires on June 30, 1996."

 


                            --- END ---