Title 18, BUSINESSES AND PROFESSIONS

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 cons…

(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 c…

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 depart…

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…

(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 th…

(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 …

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…

(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.…

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 cha…

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 o…

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 t…

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 pursuan…

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 …

(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 app…

(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 i…

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…

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. [ 1987 c 109 s 24; 1971 ex.s. c 212 s 1…

(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 administr…

(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: …

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 prose…

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. [ 1971 ex.s. c 212 s 17.]

No license under this chapter shall be required of: (1) Any individual who personally constructs a well on land which is owned or leased by the individual or in which the individual has a beneficial interest as a contract purchaser and is used by the individual for farm or single…

(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 r…

(1) A person seeking a new license or to renew an existing license under this chapter must demonstrate a willingness to maintain a high level of professional competency by completing continuing education programs as required by the department by rule. The department shall not app…

This chapter shall be known and may be cited as the "Washington well construction act." [ 1993 c 387 s 26; 1971 ex.s. c 212 s 19.]

This act shall take effect on July 1, 1971. [ 1971 ex.s. c 212 s 20.]

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993. [ 1993 c 387 s 29.]