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; or

(2) Geothermal wells if a loss of heating or cooling poses a health threat or significant loss of goods or livestock.

B. If an emergency condition occurs during normal business hours, the Approving Authority may grant an emergency permit in accordance with the following procedures:

(1) The existence of an emergency condition shall be verified by the Approving Authority;

(2) If the emergency is verified to the satisfaction of the Approving Authority, the Approving Authority may issue a verbal emergency permit number to a master well driller;

(3) The permit number shall be in the possession of the permittee during construction of the well, and shall constitute authorization to construct the well;

(4) The emergency permit shall become null and void if well construction is not started within 2 days after issuance of the emergency permit number; and

(5) Within 3 business days after the start of construction of the well, the master well driller shall submit to the Approving Authority a completed, written application, including the emergency permit number.

C. If an emergency condition occurs during nonbusiness hours:

(1) The master well driller shall attempt to contact the Approving Authority through the Approving Authority's nonbusiness-hours emergency telephone number;

(2) If the Approving Authority cannot be contacted, then the well may be constructed without receiving a verbal permit number provided that not later than the first business day following the start of well construction activity, an application is submitted to the Approving Authority; and

(3) The Approving Authority shall verify the emergency condition before the issuance of a permit.

D. Any well constructed under an emergency condition shall be constructed in conformance with all applicable laws and regulations of the Approving Authority.

E. If the new well location is found to be unacceptable by the Approving Authority, the well shall be sealed in accordance with this chapter.