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26.04.04.00.htm 26.04.04.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 04 Well Construction Authority: Environment Article, §9-1305 and 9-1305.1, Annotated Code of Maryland
26.04.04.01.htm 26.04.04.01. 01 Purpose and Administrative Responsibilities.. A. Purpose. This chapter establishes the standards and procedures applicable to the construction, abandonment and maintenance of wells in Maryland.B. Pre-emption of Local Authority. In accordance with Environment Article, §9-1304, Annotated Code of Maryland, the regulations of this chapter are the only procedures and standards applicable to construction of wells.
26.04.04.02.htm 26.04.04.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Abandonment” means to discontinue the use of a well permanently.. 2) “Annular space” means the space between casings or between the casing and borehole.. 3) “Approving Authority” means the Secretary of the Environment or the Secretary’s designee.. 4) “Aquifer” means a formation, group of formations, or part of a formation that contains sufficient saturated permeable mate
26.04.04.03.htm 26.04.04.03. 03 Application for a Well Construction Permit.. A. An application for a well construction permit shall be made on the forms provided by the Approving Authority.B. A separate application shall be made for each well, except that a single application may be made for a cluster of wells under one of the following conditions:1) The cluster is for closed loop geothermal or dewatering wells and the maximum number of wells drilled per application is 20; or2) The cluster is for pie
26.04.04.04.htm 26.04.04.04. 04 Review and Approval of an Application for a Well Construction Permit.. A. Application Review and Approval.. 1) The Approving Authority shall review the application for completeness and notify the applicant of any additional information needed.2) The Approving Authority shall approve the application if:. a) The application is complete;. b) The proposed well meets the criteria of §B of this regulation;.
26.04.04.05.htm 26.04.04.05. 05 Issuance of Well Construction Permits.. A. A well may not be constructed until the Approving Authority has issued a permit to drill the well, except as provided in Regulation .06 of this chapter.B. The Approving Authority may issue a well construction permit only to a person licensed by the State Board of Well Drillers as a master well driller.C. Except as provided in Regulation .06 of this chapter, the Approving Authority may issue a well construction permit after r
26.04.04.06.htm 26.04.04.06. 06 Emergency Procedure to Obtain a Well Construction Permit.. A. The Approving Authority may permit emergency construction of wells for the conditions specified in Regulation .02B(20) of this chapter or for the following types of wells:1) Monitoring wells at pollution spill sites to control the spread of the pollution as required by the Department; or2) Geothermal wells if a loss of heating or cooling poses a health threat or significant loss of gooB. If an emergency condit
26.04.04.07.htm 26.04.04.07. 07 Verbal Authorization to Construct a Well.. A. The Approving Authority may grant verbal authorization to a master well driller to construct a well when:1) The application has been submitted and approved by the Approving Authority; or. 2) The authorization is for an emergency well.. B. Verbal Authorization and Permit Number.. 1) Verbal authorization shall be accompanied by the issuance of a well construction permit number.. 2) Upon request by Approving Authority personnel,
26.04.04.08.htm 26.04.04.08. 08 Transfer of Permit.. A. A well construction permit may be transferred from the permittee to another master well driller provided:1) The well has not been completed;. 2) The permit has not expired;. 3) The permittee obtains the Approving Authority's approval to transfer the permit; and. 4) The transferee notifies the Approving Authority in writing of their intention to accept the permit.B. The transferee shall be responsible for complying with all laws and regu
26.04.04.09.htm 26.04.04.09. 09 Permit Invalidation.. A. A permit is invalid if, prior to well completion, the Maryland Board of Well Drillers suspends or revokes the license of the master well driller permit holder.B. The Approving Authority may invalidate a permit after a finding that information submitted to support the application was inaccurate.C. The Approving Authority may invalidate a permit after a finding that information submitted to support the application is no longer applicable to the site.
26.04.04.10.htm 26.04.04.10. 10 Permittee's Responsibilities.. A. The master well driller to whom a well construction permit is issued is responsible for construction of the well in accordance with the permit and applicable laws and regulations.B. All other persons working on a well or potable water supply system, including but not limited to a pump installer, a water-conditioner installer, an electrician, or a master plumber, also shall be responsible for their phase of the work and its co
26.04.04.11.htm 26.04.04.11. 11 Permits for Reworked and Deepened Wells.. A. A well construction permit is not required if an existing well requires only reworking or repairing, and not deepening.B. If reworking the well includes hydrofracturing, the well driller shall submit a Hydrofracture of Well Report within 45 days after completion of the work as required in Regulation .28 of this chapter.C. If an existing well requires deepening, and the well identification number is verifiable by means
26.04.04.12.htm 26.04.04.12. 12 Procedure for Authorizing Conversions of Test Wells.. A. A permitted test well that is found to produce the required amount of water may be converted to a water supply well if:1) It has been constructed in conformance with the regulations of this chapter for the use for which conversion is sought and COMAR 26.17.06;2) Upon written request, the conversion is approved by the Approving Authority;. 3) For wells that are to supply water for a public water supply system, the
26.04.04.13.htm 26.04.04.13. 13 Relocation During Construction.. A. If it is necessary to relocate a well under construction in order to obtain sufficient yield or potable water or because of a well construction problem, the well driller may relocate the well construction site under authority of the original permit if:1) The new site meets the requirements of this chapter and the requirements of the Approving Authori2) The permittee provides a drawing of the new well location on the well completion report..
26.04.04.14.htm 26.04.04.14. 14 Notification of Well Construction Activities.. A. Water Supply Wells.. 1) The permittee shall notify the Approving Authority on the business day prior to commencing well drilling activities to allow the Approving Authority the opportunity to inspect.2) The Approving Authority may require that the permittee provide notice before commencing a yield test in Hydrogeologic Area 3.3) The Approving Authority may require that the permittee provide notice before the installation of
26.04.04.15.htm 26.04.04.15. 15 Construction Standards—Hydrogeologic Areas.. A. Geologic and hydrologic conditions in Maryland require varying well construction standards. For the purposes of this chapter, the State has been divided into five hydrogeologic areas. A map of the approximate hydrogeologic area boundaries is in Regulation .39 of this chapter.B. The Five HydrogeologicAreas.. 1) Hydrogeologic Area 1. The area where the unconfined Quaternary aquifer of the Maryland Coastal Plain is of major importanc
26.04.04.16.htm 26.04.04.16. 16 Construction Standards ― General.. A. Sanitary Protection During Well Construction.. 1) During well construction, the permittee shall protect against pollution of the well and any water-bearing geologic formations by any cause, including surface water drainage.2) Whenever construction ceases before the well is grouted, the open annular space shall be covered by the permittee and the well shall be capped.B. Water for Well Construction.. 1) Only water from a sour
26.04.04.17.htm 26.04.04.17. 17 Construction Standards—Casing.. A. Well Casing.. 1) Markings.. a) Except as provided in §A(1)b) of this regulation, all casing shall be marked by the manufacturer sufficiently to allow identification of the casing.b) Well casing for monitoring wells is exempt from displaying markings.. c) The well driller shall provide, upon request, sufficient information to allow identification of casing used for monitoring wells.2) Plastic Well Casing.. a) Plastic well casing sh
26.04.04.18.htm 26.04.04.18. 18 Construction Standards ― Screen.. A. Well Screens.. 1) All wells that obtain water from aquifers in Hydrogeologic Areas 1 and 2 shall be equipped with a screen that shall adequately prevent the entrance of formation material into the well during use.2) Well screens shall have sufficient structural strength to accomplish the purpose for which they are installed.3) Well screen openings shall provide, so far as is practical, the maximum amount of open area, cons
26.04.04.19.htm 26.04.04.19. 19 Construction Standards ― Grouting.. A. All wells shall be grouted in accordance with this regulation.. B. Time Limits.. 1) All wells shall be grouted as soon as possible but not later than 24 hours after the well casing has been set in place in Hydrogeological Area’s 1 & 2.2) In Hydrogeological Area’s 3, 4 & 5 all wells shall be grouted within 72 hours after the permanent casing has been set.3) After grouting is completed, there shall be a minimum curing time before
26.04.04.20.htm 26.04.04.20. 20 Construction Standards ― Methods of Grouting.. A. All grout shall be emplaced in one continuous operation upward from the bottom of the casing or depth specified in these regulations.B. Pouring, dumping, or shoveling of grout slurries into the annular space or well bore are prohibited.C. The drilling fluids in the annular space shall be thinned before grouting to a density less than that of the intended grout density.D. Grout shall be emplaced so that it completely d
26.04.04.21.htm 26.04.04.21. 21 Construction Standards ― Upper Terminal of Well.. A. Except as provided for in this regulation, the following construction techniques for upper terminals for potable water supply wells are prohibited:1) Use of buried well seals, or other devices, including a buried “sanitary well seal” to cap wells below ground surface and provide access for electrical cable or water pipes; and2) All pits, including frost pits, which are holes or depressions in the ground surrounding casings,
26.04.04.22.htm 26.04.04.22. 22 Construction Standards ― Pumping Equipment.. A. The selection and installation of the pumping equipment shall conform to COMAR 09.20, or the local plumbing code, whichever is more stringent.B. Electrical connections for pumping equipment shall conform to the National Electrical Code, or to the local electrical code, whichever is more stringent.C. If a safety rope is used it:. 1) Shall be secured in the interior of the well; and. 2) May not penetrate the well casing or cap..
26.04.04.23.htm 26.04.04.23. 23 Construction Standards and Special Requirements for Specific Types of Wells.. A. The following special requirements for specific types of wells based on the intended use of the well are as follows:1) Irrigation Wells.. a) Wells in unconfined aquifers in Hydrogeologic Areas 1 and 2 used solely for irrigation shall have an annular space grouted to a minimum depth of 20 feet below land surface.b) All other irrigation wells shall meet the grouting requirements of Regul
26.04.04.24.htm 26.04.04.24. 24 Disinfection of Wells and Water Supply Systems.. A. Upon completion of well construction activities, the permittee shall disinfect a water supply well in accordance with this regulation.B. Whenever any work is done on the well after disinfection of the well by the well driller, the person doing the work shall be responsible for disinfection of the well and water supply system in accordance with this regulation.C. Material. Tablets or dry granular material may
26.04.04.25.htm 26.04.04.25. 25 Maintenance and Repair.. A. All material used in the maintenance, replacement, or repair of any well shall meet the requirements for new installation.B. Broken, punctured, or otherwise defective or unserviceable casing, screens, fixtures, seals, or any part of the wellhead shall be repaired and replaced, or the well shall be properly abandoned and sealed.C. Any work performed on a water supply well with a well cap not meeting the standards of this chapter, shall also include th
26.04.04.26.htm 26.04.04.26. 26 Minimum Yield and Yield Testing for Domestic Water Supply Wells.. A. A domestic well or double well combination shall produce a minimum yield of 1 gallon per minute for 6 hours.B. Replacement wells servicing an existing dwelling are exempt from the minimum yield requirement of 1 gallon per minute.C. The Approving Authority may require a mandatory yield test in any hydrogeologic area of the State for any well, if it is determined that a yield test is necessary to assure
26.04.04.27.htm 26.04.04.27. 27 Yield Test for Nondomestic Wells.. The Department may require a yield test for a nondomestic well as part of the data collection requirements associated with an application for a Water Appropriation and Use Permit.
26.04.04.28.htm 26.04.04.28. 28 Hydrofracture of Wells.. A. The Approving Authority shall be notified at least 2 business days in advance of commencing hydrofracturing work on an existing well.B. Hydrofracturing may not be conducted on any well not constructed according to the requirements of this chapter without approval from the Approving Authority.C. Hydrofracturing may not be conducted in Hydrogeologic Area 5 without written permission from the Approving Authority.D. Hydrofracturing may be
26.04.04.29.htm 26.04.04.29. 29 Well Completion Reports.. A. The permittee is responsible for submitting, on a form provided by the Approving Authority, a well completion report.B. Submission.. 1) The well completion report shall be submitted to the Approving Authority by the premittee not later than 45 days after construction or deepening of the well has been completed or after construction activity on an unsuccessful well, or dry hole, has been terminated.2) Well construction activity shall be considered
26.04.04.30.htm 26.04.04.30. 30 Approval of Well for Use as Potable Water Supply.. A. When Certificate of Potability Required.. 1) A person may not put into service a well or water supply system that may be used for human consumption unless the Approving Authority has first issued a Certificate of Potability for the well.2) This section does not apply to any well that is not used as a potable water supply.. 3) If a well is later converted from a nonpotable water supply well to a potable water supply well,
26.04.04.31.htm 26.04.04.31. 31 Tests by a Maryland Certified Water Laboratory.. A. At the option of the Approving Authority, the results of water quality tests performed by a Maryland certified water laboratory may be substituted for results obtained by the Approving Authority from a State-operated laboratory.B. The Maryland certified water laboratory shall certify that the sample was obtained and transported in accordance with COMAR 26.08.05.C. All tests taken by a Maryland certified water l
26.04.04.32.htm 26.04.04.32. 32 Release of Information on Test Results.. A. The Approving Authority shall maintain files of test results and shall release copies of these results, upon request, to the person who requested the tests and to persons for whose benefit the tests were performed.B. Copies of the Certificate of Potability shall be released to all subsequent owners of the property or their agents upon request.C. The Approving Authority shall provide, with each well sample result, the
26.04.04.33.htm 26.04.04.33. 33 Well Owners' Responsibilities.. A. Every well shall be maintained in a condition to conserve and protect the ground water resource.. B. After the well is completed, the well owner is responsible for maintaining the upper terminal of the well as specified in this chapter.C. The owner of a flowing artesian well shall maintain the upper terminal of the well to prevent the wasting of water as provided in this chapter.D. After the well is completed, the well owner sha
26.04.04.34.htm 26.04.04.34. 34 Well Abandonment and Sealing Standards ― General.. A. Any well shall be considered abandoned when:. 1) The well is in such a state of disrepair that continued use for its intended purpose is impracticable;2) The well has been permanently disconnected from any water supply system or irrigation system; or. 3) The well is unsuccessful, that is, it does not meet the requirements of this chapter..
26.04.04.35.htm 26.04.04.35. 35 Well Sealing Materials.. A. The following sealing materials are acceptable to seal a well:. 1) Concrete when mixed at five 94-pound sacks of Portland cement per yard of concrete;. 2) Neat Portland cement grout when mixed in accordance with Regulation .19 of this chapter;. 3) A mixture of five 94-pound sacks of Portland cement and 1 cubic yard sand;. 4) Bentonite, if used:. a) As a slurry mixed at 2 pounds per gallon of water; or. b) In chip or pellet form; and.
26.04.04.36.htm 26.04.04.36. 36 Well Sealing Procedures.. A. Preliminary Work Before Sealing a Well.. 1) The well shall be investigated to determine:. a) Its present condition;. b) The details of its construction; and. c) Whether there are any obstructions that will interfere with the process of filling and sealing.. 2) If there are any obstructions, they shall be removed, if possible, by cleaning the hole or redrilling.3) Liners shall be removed prior to sealing or an alternate sealing plan mu
26.04.04.37.htm 26.04.04.37. 37 Variances.. Upon the recommendation of the Approving Authority and the approval of the Department, variances to the distance requirements of the regulations of this chapter for all wells and the construction standards for replacement wells may be granted, provided that the public health and the environment are protected.
26.04.04.38.htm 26.04.04.38. 38 Enforcement and Appeal.. A. If the Approving Authority determines that there has been a violation of this chapter or of any permit or permit special condition, the Approving Authority shall:1) Serve upon the alleged violator a written complaint specifying the nature and extent of the violation, items to be corrected, and time limits for correction; and2) Notify the well owner of the violation.. B. If a person violating a requirement of this chapter cannot correct the v
26.04.04.39.htm 26.04.04.39. 39 Map of Maryland Showing Hydrogeologic Areas..
26.04.04.9999.htm 26.04.04.9999. Administrative History Effective date: November 28, 1980 (7:24 Md. R. 2257). Regulations .02J and .07B, C, D, G, J, and N amended effective March 1, 1982 (9:4 Md. R. 331). Regulations .07Q and .09D adopted effective August 31, 1981 (8:17 Md. R. 1420). Regulation .09C and D amended as an emergency provision effective May 26, 1983 (10:12 Md. R. 1070) emergency status expired September 26, 1983Map recodified as Regulation .13 ―.
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