Water Well Drillers / Water Well Pump Installers Penalties and Sanctions
Water Well Drillers/Water Well Pump Installers (WWD)
Drillers: Texas Occupations Code, Chapter 1901
16 Texas Administration Code, Chapter 76
Installers: Texas Occupations Code, Chapter 1902
16 Texas Administration Code, Chapter 76
Class A:
1st Violation, Warning letter to $1,000
2nd Violation, $1,000 to $2,000 and/or up to 6-month probated suspension
3rd Violation, $2,000 to $3,000 plus 1-year probated suspension up to 1-year full suspension
- Failed to timely submit Well Report (within 60 days) - 1901.251(b), 76.700(1)
- Failed to timely notify the landowner when undesirable water encountered (within 24 hours) - 1901.254(a), 1901.301(3), 1902.252(a), 76.701
- Failed to timely submit report to the Department when undesirable water encountered (within 30 days) - 1901.254(a), 1902.252(a), 76.701
- Failed to notify landowner of abandoned well responsibilities - 1901.255(b), 1902.253, 76.702(b)
- Failed to timely submit Plugging Report (within 30 days) - 1901.255(d), 76.700(2)
- Failed to properly mix cement for annular seal/plugging - 76.10(8)
- Failed to have license or apprentice registration in possession at all times while performing drilling or pump installation services - 76.205(h), 76.206(h)
- Failed to present a license or apprentice registration upon request - 76.205(h), 76.206(h)
- Failed to maintain a legible and accurate Well Report - 76.700
- Failed to include Department information on each copy of the Well Report - 76.700
- Failed to complete a PWS well according to approved TCEQ plans - 76.703
- Failed to comply with TCEQ rules and specifications and local rules and regulations in construction of a PWS - 76.703(1)(3)
- Failed to make known to a prospective client all adverse conditions concerning the quantity or quality of groundwater in the area - 75.705(f)
- Failed to furnish violation information to Department - 76.706(c)
- Failed to provide Department information on all invoices/proposals - 76.706(d)
- Failed to comply with local ordinances/rules - 76.1000(a)
- Failed to properly complete a well within a PWS sanitary easement according to the public well standards in 30 TAC, Chapter 290 - 76.1000(l)
Class B:
1st Violation, Warning Letter to $2,000 per day not corrected and/or up to 6-month probated suspension
2nd Violation, $1,000 to $4,000 per day not corrected plus 6-month probated suspension up to 6-month full suspension
3rd Violation, $2,000 to $5,000 per day not corrected plus 1-year full suspension up to revocation
- Failed to submit accurate Well Report - 1901.251(a), 76.700 Failed to properly mark rigs or pump installer vehicles with license number - 1901.252(a), 76.704
- Failed to place proper cap/cover over a newly drilled unattended well - 76.702(d)
- Failed to properly cement annular space of a water well - 76.1000(a)(1)(2)
- Failed to locate a water well at least 50’ from a property line - 76.1000(a)(4)
- Failed to provide proper well seal for a well located in flood zone - 76.1000(a)(5)
- Failed to provide proper steel sleeve for a well located in flood zone - 76.1000(a)(5)
- Failed to provide proper surface completion on a water well - 76.1000(b)(1)(2)(3), 76.1000(c)(1)(2)
- Failed to provide proper completion for monitor well in a vault - 76.1000(b)(3)
- Failed to provide proper completion for a temporary monitor well - 76.1000(b)(4)
- Failed to complete or plug a temporary monitor well w/in 48 hours - 76.1000(b)(4)
- Failed to provide proper completion for a closed loop injection well - 76.1000(b)(5)
- Failed to cap or complete well to prevent pollutants from entering - 76.1000(e)
- Failed to use potable water in drilling fluids - 76.1000(f)
- Failed to prevent drilling fluids from entering adjacent property - 76.1000(g)
- Failed to prevent drilling fluids from entering surface water - 76.1000(h)
- Failed to properly disinfect newly drilled/repaired well - 76.1000(i)(j)
- Placed pump column material that has been used in oil or gas production or has been exposed to contamination in a well regulated by the Department - 76.1000(m)
- Failed to properly cap a well - 76.1004
- Failed to comply with requirements for water distribution systems - 76.1006
- Failed to comply with requirements for chemical injection systems - 76.1007
- Failed to ensure no unprotected openings for a serviced well/pump - 76.1008(b)
Class C:
1st Violation, $500 to $3,000 and/or up to 6-month probated suspension
2nd Violation, $1,500 to $5,000 plus 6-month probated suspension up to 1-year full suspension
3rd Violation, $3,500 to $5,000 plus 1-year full suspension up to revocation
- Performing or offering to perform drilling or pump installation without a license - 1901.151, 1902.151, 76.200
- Performing or offering to perform drilling or pump installation with an expired license - 1901.151, 1902.151, 76.200
- Landowner failed to cap or plug abandoned well w/in 180 days of notice - 1901.255(c), 76.702(a)(2),(3)
- Made false or misleading representations in installing well/pump - 1901.301(1), 76.705(e)
- Made an intentional misstatement or misrepresentation in a well log - 1901.301(1)
- Apprentice performing or offering to perform drilling or pump installation while not under the direct supervision of a licensed driller or pump installer, or not according to expression directions of the supervisor - 76.205(d), 76.206(b)
- Failed to provide proper supervision of registered apprentice - 76.206, 76.206(e)
- Failed to notify the Department within five days of a landowner’s refusal to allow the driller access to complete a well - 76.702(a)(1)
- Landowner failed to complete well within ten days of notification to the Department that driller had been denied access to well - 76.702(a)(1)
- Failed to notify the Department within 48 hours of a landowner’s refusal to allow the driller access to complete a well that had encountered undesirable water or constituents - 76.702(e)(1)
- Entered into partnership with or aiding and abetting unqualified or unlicensed person - 76.705(d), 76.706(b)
Class D:
1st Violation, $500 to $3,000 and/or up to 1-year probated suspension
2nd Violation, $1,500 to $5,000 plus 1-year probated suspension up to 2-year full suspension
3rd Violation, $3,500 to $5,000 plus revocation
- Offering to perform services not competently qualified for - 76.705(a)
- Failed to accurately represent qualifications and capabilities - 76.705(b)
- Performed or offering to perform services not properly qualified for - 76.705(c)
- Failed to inform the Department of any unauthorized well drilling or pump installation practice of which the licensee has knowledge - 76.706(a)
- Failed to select proper slot size for manufactured screen - 76.708(a)
- Failed to adhere to manufacturers’ specs for pump wiring and sizing - 76.708(b)
- Failed to select proper hydraulic collapse pressure for casing - 76.708(c)
- Failed to located a water well at least 50’ from of septic tank/tightline - 76.1000(a)(3)
- Failed to located a water well at least 150’ from contamination source - 76.1000(a)(4)
- Failed to located a water well at least 100’ from septic drain field - 76.1000(a)(4)
- Failed to complete water well to prevent commingling of water production zones - 76.1000(d)
- Failed to complete or plug a test well within 6 months - 76.1000(k)
- Failed to properly complete a well that encountered undesirable water - 76.1001
- Failed to complete well producing undesirable water to prevent flow onto land surface - 76.1002(c)
- Failed to properly plug well that penetrates undesirable water zone - 76.1004(a)(5)
- Failed to properly plug well - 76.1004(a),(b)
- Failed to properly plug large diameter hand dug well - 76.1004(b)
- Failed to properly cap a well which did not encounter dry hole - 76.1004(c)
Class E:
1st Violation, Revocation
2nd Violation, Revocation
3rd Violation, Revocation
- Intentionally misstated/misrepresented a fact in license or renewal application - 1901.301(1), 76.202(e), 60.63(b)
- Failed to comply with previous order of Commission/Executive Director - 51.353(a),76.900
- Failed to pay the Department for a dishonored check - 60.82
