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;

(c) The proposed source or sources of drilling water meets the requirements of this chapter;

(d) The Approving Authority has received the required well permit fee, if applicable; and

(e) One of the following conditions regarding water appropriation or use permitting is met:

(i) An application for an appropriation or use permit has been submitted, if required, in accordance with applicable State law and regulation; or

(ii) A notice of exemption, if required under Environment Article, §5-502, Annotated Code of Maryland, has been made with the Department.

(3) If it approves the application, the Approving Authority shall sign the application and issue a well construction permit.

(4) An application that has been disapproved by the Approving Authority shall be returned to the applicant with a statement of the reasons for disapproval.

B. Criteria for Approval.

(1) A proposed well construction shall be in accordance with the applicable Master Water and Sewer Plan, promulgated in accordance with Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland.

(2) A proposed well location for a water supply or open loop geothermal well shall satisfy the following minimum horizontal distance requirements:

(a) 10 feet from a property line;

(b) 15 feet from a road or dedicated right-of-way;

(c) 30 feet from a building foundation;

(d) 100 feet from identifiable sources of contamination and designated subsurface sewage disposal areas if the proposed well will utilize an unconfined aquifer as a water supply source;

(e) 50 feet from identifiable sources of contamination and designated subsurface sewage disposal areas if the proposed well will utilize a confined aquifer as a water supply source; and

(f) Except as provided in §B(3) of this regulation, 50 feet from any sewage gravity or force main.

(3) If a force main is constructed of materials approved by the Department and has passed a leakage test in accordance with the recommended standards for sewage works, and, if required by the Approving Authority, concrete encasement of sewage force main joints have been emplaced within a 50-foot radius of the proposed well, then the distance from any force main may be 10 feet.

(4) A proposed well location for a closed loop geothermal well shall satisfy the following minimum distance requirements:

(a) 10 feet from a property line;

(b) 15 feet from a road or dedicated right-of-way:

(c) 50 feet from potential sources of contamination: and

(d) 50 feet from any gravity sewer line, except the distance of removal shall be at least 10 feet when the sewer is constructed of:

(i) Cast iron pipe with either water-tight lead caulked joints or joints fitted with neoprene gaskets;

(ii) Solvent welded Scheduled 40 (or SDR equivalent) or better polyvinyl chloride (PVC) pipe; or

(iii) Thermally welded high density polyethylene (HDPE) pipe.

(5) A water supply well may not be located within or under any building other than a separate structure constructed specifically for the housing of pumping equipment.

(6) The Approving Authority may approve a monitoring or closed loop geothermal well location within a building, if unobstructed access to the well is provided.

(7) All wells shall be located so as to be accessible for cleaning, treatment, repair, testing, inspection, and other requirements that may be necessary.

(8) The location of a water supply well shall be in accordance with any conditions on well spacing that may be imposed by the Department through an appropriation or use permit.

C. Notwithstanding satisfaction of the criteria of this regulation, the Approving Authority, before approving a permit, shall determine the acceptability of a proposed well location with regard to all identifiable sources of contamination, topography, surface drainage, easements, and ground water conditions.

D. Upon written request, deviation from the distance criteria may be permitted by the Approving Authority without a variance approved by the Department per Regulation .37 of this chapter for a domestic well constructed on an individual lot in those cases where the property owner has initiated or completed construction of the residential dwelling for that lot in compliance with all other State, county, or municipal laws and regulations. The request shall describe the need for a deviation and shall contain a statement signed by the owner confirming the basis for a deviation.