Okla. Stat. tit. 82, § 82-1020.16

- Deposit of fees - Penalties.

A. All persons engaged in the commercial drilling or commercial

plugging of groundwater wells, monitoring wells, observation wells,

Oklahoma Statutes - Title 82. Waters and Water Rights Page 200

wells utilized for heat exchange purposes, including but not limited

to heat pump wells and geothermal wells, and in the commercial

drilling or plugging of geotechnical borings and all persons engaged

in the commercial installation of water well pumps in this state

shall make application for and become licensed with the Oklahoma

Water Resources Board. Persons required to be licensed pursuant to

this section shall pay an annual fee as required by the Board. The

fees shall be deposited and expended as provided in subsection D of

this section.

B. The Board may prepare examinations and establish other

requirements for applicants to obtain, maintain, and renew licenses

and operator certifications. The examinations shall test the

knowledge and skills of:

1. Water well drillers in the construction, alteration, and

repair of wells and boreholes, including proper sealing and

abandonment of wells and boreholes, and the rules promulgated by the

Board regarding water well and borehole drilling and plugging; and

2. Pump installers in the planning, installation, operation,

and repair of pumping equipment and water wells including sealing

and abandonment, pumping efficiency, and the rules promulgated by

the Board regarding pump installation.

C. The Board may inspect any water well, monitoring well,

boring, water well pump, or abandoned well and borehole. Upon

consent of the owner of the land on which the well or borehole is

located or as allowed by district court order, authorized

representatives of the Board may enter upon and shall be given

access to the premises for the purpose of inspection. If the Board

finds noncompliance with applicable laws or rules or that a health

hazard exists, the Board may disapprove use of the well and shall

provide notice to the owner of the land on which the well is located

and to the well driller, if known, of the disapproval. If a well

has been disapproved, it shall not be used until brought into

compliance and any health hazard is eliminated. Any person

aggrieved by the disapproval of a well may request a hearing before

the Board.

D. 1. There is hereby created within the Oklahoma Water

Resources Board the Well Drillers and Pump Installers Remedial

Action Indemnity Fund. The Indemnity Fund shall be administered by

the Board.

2. The Indemnity Fund shall be excluded from budget and

expenditure limitations. Except as otherwise provided by subsection

E of this section, the monies deposited in the Indemnity Fund shall

at no time become part of the general budget of the Oklahoma Water

Resources Board or any other state agency. Except as otherwise

provided by subsection E of this section, no monies from the

Indemnity Fund shall be transferred for any purpose to any other

state agency or any account of the Board or be used for the purpose

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of contracting with any other state agency or reimbursing any other

state agency for any expenses. Monies in the Indemnity Fund shall

only be expended for remedial actions necessary, without notice and

hearing, to protect groundwater from pollution or potential

pollution from wells, or boreholes under the jurisdiction of the

Board that do not meet minimum standards for construction or that

have been abandoned or as may be recommended by the Well Drillers

and Pump Installers Advisory Council.

3. The fees collected pursuant to subsection A of this section

shall be first credited to the Well Drillers and Pump Installers

Remedial Action Indemnity Fund. The Indemnity Fund shall be

maintained at Fifty Thousand Dollars ($50,000.00).

4. Expenditures from the Indemnity Fund required pursuant to
abandoned or as may be recommended by the Well Drillers

and Pump Installers Advisory Council.

3. The fees collected pursuant to subsection A of this section

shall be first credited to the Well Drillers and Pump Installers

Remedial Action Indemnity Fund. The Indemnity Fund shall be

maintained at Fifty Thousand Dollars ($50,000.00).

4. Expenditures from the Indemnity Fund required pursuant to

the provisions of this section shall be made pursuant to the

provisions of The Oklahoma Central Purchasing Act upon terms and

conditions established by the Office of Management and Enterprise

Services and shall not exceed Ten Thousand Dollars ($10,000.00) for

each well, borehole or pump for which action is taken.

5. Except in situations where the Board has assessed and

declared a health or safety emergency and a claim by the owner of

the well or borehole for costs of remedial action is not paid by

private insurance or other relief, the Board shall seek

reimbursement as recommended by the Well Drillers and Pump

Installers Advisory Council for any remedial action taken or

required by the Board. Any monies received as reimbursement shall

be deposited in the Well Drillers and Pump Installers Remedial

Action Indemnity Fund except as otherwise provided in subsection C

of this section.

E. When the Well Drillers and Pump Installers Remedial Action

Indemnity Fund reaches Fifty Thousand Dollars ($50,000.00), the

fees, monies received as reimbursement, and administrative penalties

recovered under paragraph 1 of subsection G of this section shall be

deposited in a separate account in the Water Resources Board

Revolving Fund designated as the Well Drillers and Pump Installers

Regulation Account, which shall be a continuing account not subject

to fiscal year limitations. Monies in said account shall be used by

the Board for inspections, licensing, enforcement and education,

reimbursing per diem and travel costs for members of the Well

Drillers and Pump Installers Advisory Council pursuant to the State

Travel Reimbursement Act, and as otherwise determined to be

necessary to implement the provisions of this section.

F. Before any person or firm licensed pursuant to this section

shall commence the commercial drilling or plugging of any well or

borehole or commence commercial installation of any pump, the person

or firm shall file with the Board all data or information as the

Board may by rule require to assure the protection of the

groundwater in the well or borehole. After completion, the driller

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shall file a completion report showing all such data together with a

log of the well and pumping test data if applicable.

G. 1. The Board may, after notice and hearing, impose on any

person administrative penalties of up to Five Thousand Dollars

($5,000.00) and may revoke, suspend or deny renewal of any license

or operator certification for each violation of the rules of the

Board regarding license or certification requirements, the

requirement to obtain a license or certification, or minimum

construction or installation standards. The administrative

penalties shall be deposited in the Well Drillers and Pump

Installers Remedial Action Indemnity Fund except as otherwise

provided in subsection E of this section.

2. In addition to imposing administrative penalties, the Board

may issue orders prohibiting actions by holders of valid licenses

and operator certifications and by persons who are required to

become licensed under the provisions of this section that constitute

violations of rules promulgated pursuant to this section and

requiring actions to remedy violations or other noncompliance with

minimum standards rules for the construction of wells and borings,

the plugging of wells and borings, and the commercial installation

of water well pumps.

H. If a respondent fails, refuses or neglects to comply with an
the provisions of this section that constitute

violations of rules promulgated pursuant to this section and

requiring actions to remedy violations or other noncompliance with

minimum standards rules for the construction of wells and borings,

the plugging of wells and borings, and the commercial installation

of water well pumps.

H. If a respondent fails, refuses or neglects to comply with an

order of the Board to pay an administrative penalty or to take

certain action, the Board may present the matter to the Attorney

General who is empowered to take action to collect the

administrative penalty or to compel compliance with the order of the

Board. One-half (1/2) of all penalties collected by the Attorney

General shall be deposited in the Well Drillers and Pump Installers

Regulation Account established pursuant to subsection E of this

section and one-half (1/2) shall be deposited in the Attorney

General's Revolving Fund created in Section 20 of Title 74 of the

Oklahoma Statutes.

I. The Board is authorized to create a Well Drillers and Pump

Installers Advisory Council. The Board shall establish rules

stating the qualifications for membership and organization of the

Council. Meetings of the Council shall be held at the call of the

Executive Director of the Board. The Council shall have the

following duties:

1. To recommend rules to the Board, provided such written

recommendations have been concurred upon by a majority of the

membership of the Council; and

2. To review and recommend approval or denial of use of monies

in the Well Drillers and Pump Installers Remedial Action Indemnity

Fund for:

a. remedial actions to protect groundwater from pollution

or potential pollution from wells, or boreholes under

the jurisdiction of the Board which do not meet

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minimum standards for construction or that have been

abandoned, and

b. inspections, licensing, the pursuit of enforcement

action with the proper authorities and education by

the Board.