Title 18 — Title 18 BUSINESSES AND PROFESSIONS
113 chapters · 2,288 sections in this title.
RCW 18.104.005 Transfer of duties to the department of health.
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The powers and duties of the department of social and health services under this chapter shall be performed by the department of health.[ 1989 1st ex.s. c 9 s 237.]Notes:Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
RCW 18.104.010 Purpose.
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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 regulat…
RCW 18.104.020 Definitions.
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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 "c…
RCW 18.104.030 Compliance enjoined.
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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…
RCW 18.104.040 Powers of department.
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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 constr…
RCW 18.104.043 Well sealing and decommissioning—Delegation of authority.
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(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…
RCW 18.104.048 Prior notice of well construction, reconstruction, or decommissioning.
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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…
RCW 18.104.049 Modification of construction standards.
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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…
RCW 18.104.050 Reports of well construction or decommissioning.
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(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…
RCW 18.104.055 Fees.
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(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 s…
RCW 18.104.060 Violations—Cease and desist orders.
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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…
RCW 18.104.065 Remedies for noncomplying wells.
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(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.…
RCW 18.104.070 Water well operator's license.
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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 chap…
RCW 18.104.080 Examinations—Subjects—Times and places.
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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 …
RCW 18.104.093 Water well construction operator's training license.
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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 th…
RCW 18.104.095 Resource protection well operator's license.
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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…
RCW 18.104.097 Resource protection well operator's training license.
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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 t…
RCW 18.104.100 Licenses—Duration—Renewal—Failure to renew, procedure—Suspension—Conditional licenses.
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(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…
RCW 18.104.110 Actions against licenses—Grounds—Duration.
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(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 …
RCW 18.104.120 Complaints against a well contractor, operator, or trainee—Department's response—Review.
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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…
RCW 18.104.130 Appeals.
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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 13…
RCW 18.104.150 Disposition of fees—Grants to local governments.
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(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…
RCW 18.104.155 Civil penalties—Amount and disposition.
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(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: M…
RCW 18.104.160 Criminal penalties—Prosecutions.
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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…
RCW 18.104.170 Remedies cumulative.
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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.]
RCW 18.104.180 Exemptions.
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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-…
RCW 18.104.190 Technical advisory group.
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(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…
RCW 18.104.200 Continuing education.
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(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…
RCW 18.104.900 Short title.
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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.]
RCW 18.104.910 Effective date—1971 ex.s. c 212.
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This act shall take effect on July 1, 1971.[ 1971 ex.s. c 212 s 20.]
RCW 18.104.930 Effective date—1993 c 387.
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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.]