Wash. Rev. Code § 18.104.005
Transfer of duties to the department of health
The powers and duties of the department of social and health services under this chapter shall be performed by the department of health.
Revised Code of Washington Chapter 18.104 — Water Well Construction
Washington · statute · Wash. Rev. Code ch. 18.104 · 31 active provisions
Wash. Rev. Code § 18.104.010
Purpose
The legislature declares that the drilling, making or constructing of wells 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 well contractors an…
Wash. Rev. Code § 18.104.020
Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abandoned well" means a well that is unmaintained or is in such disrepair that it is unusable or is a risk to public health and welfare.(2) "Constructing a well" or "construct a well" means:(a) Boring, diggi…
Wash. Rev. Code § 18.104.030
Compliance enjoined
It is unlawful:(1) For any person to supervise, construct, alter, or decommission a well without complying with the provisions of this chapter and the rules for well construction adopted pursuant to this chapter;(2) For any person to cause a well to be constructed in violation of the standards for well construction est…
Wash. Rev. Code § 18.104.040
Powers of department
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 well, constructed or being constructed;(3) To call upon or receive profes…
Wash. Rev. Code § 18.104.043
Well sealing and decommissioning—Delegation of authority
(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 s…
Wash. Rev. Code § 18.104.048
Prior notice of well construction, reconstruction, or decommissioning
A property owner or the owner's agent shall notify the department of his or her intent to begin well construction, reconstruction, or decommissioning procedures at least seventy-two hours in advance of commencing work. The notice shall be submitted on forms provided by the department and shall be accompanied by the fee…
Wash. Rev. Code § 18.104.049
Modification of construction standards
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 RCW 18.104.190.
Wash. Rev. Code § 18.104.050
Reports of well construction or decommissioning
(1) Any person authorized by this chapter to construct or decommission a well shall furnish a well report to the director within thirty days after the completion of the construction or decommissioning of a well. The director, by rule, shall prescribe the form of the report and the information to be contained therein.(2…
Wash. Rev. Code § 18.104.055
Fees
(1) A fee is hereby imposed on each well constructed in this state on or after July 1, 2005.(2)(a) The fee for one water well, other than a dewatering well, with a minimum top casing diameter of less than twelve inches is two hundred dollars. This fee does not apply to a ground source heat pump boring or a grounding we…
Wash. Rev. Code § 18.104.060
Violations—Cease and desist orders
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 the d…
Wash. Rev. Code § 18.104.065
Remedies for noncomplying wells
(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 orde…
Wash. Rev. Code § 18.104.070
Water well operator's license
A person shall be qualified to receive a water 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 determined by rule adopted pursuant to this chapter; and(2) Has the field experience and…
Wash. Rev. Code § 18.104.080
Examinations—Subjects—Times and places
The examination for a license issued pursuant to this chapter shall be prepared to test knowledge and understanding of at least the following subjects:(1) Washington groundwater laws as they relate to well construction;(2) Sanitary standards for well drilling and construction of wells;(3) Types of well construction;(4)…
Wash. Rev. Code § 18.104.093
Water well construction operator's training license
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 experi…
Wash. Rev. Code § 18.104.095
Resource protection well operator's license
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…
Wash. Rev. Code § 18.104.097
Resource protection well operator's training license
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 exper…
Wash. Rev. Code § 18.104.100
Licenses—Duration—Renewal—Failure to renew, procedure—Suspension—Conditional licenses
(1) Licenses issued pursuant to this chapter shall be renewed every two years. A license shall be renewed upon payment of a renewal fee and completion of continuing education requirements and receipt of a completed license renewal application. If a licensee fails to submit an application for renewal, the renewal fee, a…
Wash. Rev. Code § 18.104.110
Actions against licenses—Grounds—Duration
(1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:(a) For fraud or deception in obtaining the license;(b) For fraud or deception in reporting under RCW 18.104.050;(c) For v…
Wash. Rev. Code § 18.104.120
Complaints against a well contractor, operator, or trainee—Department's response—Review
Any person who can demonstrate being materially harmed by the actions or inactions of a well contractor, operator, or trainee, or has knowledge of illegal activities engaged in by a well contractor, operator, or trainee may submit a complaint against the well contractor, operator, or trainee to the department of ecolog…
Wash. Rev. Code § 18.104.130
Appeals
Any person who feels aggrieved by an order of the department including the granting, denial, revocation, or suspension of a license issued by the department pursuant to this chapter shall be entitled to an appeal pursuant to RCW 43.21B.310.
Wash. Rev. Code § 18.104.150
Disposition of fees—Grants to local governments
(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 ope…
Wash. Rev. Code § 18.104.155
Civil penalties—Amount and disposition
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.03.150, the department of ecology may assess a civil penalty for a violation of this chapter or rules or orders of the department adopted or issued pursuant to it.(2) There shall be three categories of violations: Minor, serious, and major.(a) A minor vio…
Wash. Rev. Code § 18.104.160
Criminal penalties—Prosecutions
Any person who shall violate any provision of this chapter, shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than two hundred fifty dollars, or imprisonment in a county jail for a term not to exceed thirty days, or both. Criminal prosecutions for violations of this chapter s…
Wash. Rev. Code § 18.104.170
Remedies cumulative
The remedies provided for in this chapter shall be cumulative and nothing herein shall alter, abridge or foreclose alternative actions at common law or in equity or under statutory law, civil or criminal.
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