SECTION 785:35-1-5. Indemnity Fund

(a)   Purpose of the Indemnity Fund. 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 that do not meet the minimum standards for construction or that have been abandoned. [82:1020.16(B)(2)] Expenditures from the indemnity fund...shall not exceed Ten Thousand Dollars ($10,000.00) for each well, borehole, or pump for which action is taken. [82:1020.16(B)(4)] Monies from the Indemnity Fund shall be expended solely for the repair or plugging of improperly constructed wells. Unless otherwise determined by the Board, a finding that a well has been improperly constructed shall be based on the rules and statutes in place at the time the well was constructed.

(b)   Reimbursement. The establishment of the Indemnity Fund in no way relieves the driller or pump installer from liability incurred or responsibility for wells or boreholes drilled or plugged or pumps installed which are not in compliance with the Board's rules and regulations. If the Board makes an expenditure from the Indemnity Fund to remedy a deficient condition, then any driller or pump installer responsible therefor shall, within a reasonable time specified in a written notification by the Board, reimburse the Indemnity Fund for the full amount of the expenditure. If the driller or pump installer does not make such reimbursement, then the Board shall not renew the license or certification of the driller or pump installer and may pursue other available remedies. 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 785:35-1-5(c). [82:1020.16(B)(5)]

(c)   Well Drillers and Pump Installers Regulation Account. When the Well Drillers and Pump Installers Remedial Action Indemnity Fund reaches Fifty Thousand Dollars ($50,000.00), the annual fees received from well drillers and pump installers, monies received as reimbursement, and administrative penalties recovered under 785:35-1-4(b) [82:1020.16(C)] shall be deposited in a separate account in the Water Resources Board Revolving Fund designated as the Well Drillers and Pump Installers Regulation Account. 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 [82:1020.16(C)], including but not limited to the payment for damage or destruction of property caused by activities related to inspections and enforcement by the Board.

[Source: Amended at 10 Ok Reg 3299, eff 6-25-93; Amended at 11 Ok Reg 2947, eff 6-13-94; Amended at 14 Ok Reg 2782, eff 7-1-97; Amended at 18 Ok Reg 2246, eff 7-1-01; Amended at 19 Ok Reg 2498, eff 6-27-02; Amended at 26 Ok Reg 1713, eff 6-11-09; Amended at 36 Ok Reg 1299, eff 8-11-19]