HOUSE BILL REPORT
HB 231
BYRepresentatives 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
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (13)
Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Baugher, Bristow, Brooks, Chandler, Doty, Grant, Holm, McLean, Moyer, Nealey and Rasmussen.
House Staff:Kenneth Hirst (786-7105)
AS REPORTED BY COMMITTEE ON AGRICULTURE & RURAL DEVELOPMENT
FEBRUARY 12, 1987
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 water well construction equipment or to control and supervise such an operation 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 written notice from the department and, upon request, the department may remit or mitigate such a penalty. The penalty is appealable to the Pollution Control Hearings Board.
SUMMARY:
SUBSTITUTE BILL: The Department of Ecology may levy a civil penalty of up to $100 per day for a violation of state's water well construction statutes or the rules or orders of the department under those statutes. 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 and improperly constructed well must be sent by the department to the owner of the well for information purposes.
Water well contractors shall notify the department of their intent to begin construction, reconstruction, or abandonment procedures at least 72 hours in advance of commencing work. The notice shall be submitted on forms provided by the department. Rules of the department shall provide for prior telephonic 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.
Deleted is a provision of law exempting water well licensees from a requirement that contractors register with the Department of Labor and Industries.
SUBSTITUTE BILL COMPARED TO ORIGINAL: Added by the substitute bill is a provision requiring the department to send a copy of certain notices of violations to the owner of land on which an improperly constructed well is located.
Fiscal Note: Attached.
House Committee ‑ Testified For: Bill Miller, Department of Ecology; Georgia Ramlo, Ramlo Well Drilling; Marvin Sample, Hansen Drilling Company; Carolyn Rinta, Washington Women for the Survival of Agriculture; and Stu Trefry, Washington State Grange.
House Committee - Testified Against: None Presented.
House Committee - Testimony For: (1) The bill is a consumer protection and resource protection measure; it will make drillers clean up their own mistakes. (2) The current penalties for violations of the well construction laws are criminal penalties and are seldom enforced. The civil penalty is to protect both consumers and conscientious well drillers. (3) Experience is a must for well drillers; currently a beautician is required to have more experience than the person who drills a $200,000 well.
House Committee - Testimony Against: None Presented.