WSR 97-19-081

PROPOSED RULES

DEPARTMENT OF ECOLOGY

[Order 97-08--Filed September 16, 1997, 4:25 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-10-093.

Title of Rule: Chapter 173-160 WAC, Standards for construction and maintenance of wells and chapter 173-162 WAC, Rules and regulations governing the regulation and licensing of well contractors and operators.

Purpose: Chapter 173-160 WAC, Minimum standards for the construction and maintenance of wells, the purpose of this regulation is to establish the minimum standards for the construction of all wells in Washington.

Chapter 173-162 WAC, Rules and regulations governing the regulation and licensing of well contractors and operators, the purpose of this regulation is to establish procedures for the examination, licensing, and regulation of well contractors and drillers.

Statutory Authority for Adoption: Chapter 18.104 RCW.

Statute Being Implemented: Chapter 18.104 RCW.

Summary: Ecology has been directed by the legislature to revise the existing well construction and licensing rules. The revisions will integrate changes to chapter 18.104 RCW into rules, improve organization, address driller's concerns, and enhance public health and safety.

Reasons Supporting Proposal: The revisions will result in better compliance, reduce the number of questions from drillers regarding regulation interpretation, and reduce the need for enforcement.

Name of Agency Personnel Responsible for Drafting: Richard Szymarek, Olympia, (360) 407-6648; Implementation and Enforcement: Keith Phillips, Olympia, (360) 407-6602.

Name of Proponent: Department of Ecology, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of the rule proposal is to amend two existing regulations pertaining to well construction standards and the professional licensing of well drillers. The standards for well construction (chapter 173-160 WAC) identify specific construction requirements that all wells must meet in order to protect the public health, safety and welfare as well as protection of the ground water resource. The licensing rule (chapter 173-162 WAC) address the administration of the professional licensing of Washington state well drillers. This chapter must be amended to incorporate changes made by the legislature in 1993 to the Water Well Construction Act, chapter 18.104 RCW.

The proposed amendments to both regulations have been developed in concert with a legislatively mandated technical advisory group. Their work, which started in late 1993, has resulted in draft changes to both the licensing and the construction regulations.

Proposal Changes the Following Existing Rules: Chapter 173-160 WAC revisions, changes to the construction regulations were initiated in response to drillers' request to clarify definitions; revise and improve the organization of the regulation; and expand on some of the technical areas within the regulation.

Chapter 173-162 WAC revisions, changes to the licensing regulations include the separation of monitoring well construction from water well construction; increasing the term of license renewal from one to two years; developing a training program for new drillers; adding a requirement for on-site testing which will help to insure adequate experience has been obtained prior to licensing a driller; and requiring that all drillers maintain a level of technical expertise through a continuing education program.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Regulatory Fairness Act compliance document, RCW 34.05.328 Compliance document, amending chapters 173-160 and 173-162 WAC.

These two related sets of rule amendments have been reviewed and analyzed for compliance with the statutory requirements cited above. It has been concluded that both are exempt from the requirements of the Regulatory Fairness Act (chapter 19.85 RCW) and from the need for the findings and determinations required in RCW 34.05.328. This document describes the basis for that conclusion.

Chapter 173-160 WAC, Minimum standards for construction and maintenance of wells, the proposed revisions to this rule represent clarification and updating of technical requirements. As such they fall under the exemption from the Regulatory Fairness Act, and the need for a small business economic impact statement, provided in RCW 19.85.025(2) and 34.05.310 (4)(d). Exemption from RCW 34.05.328 is provided via similar language in subsection (5)(b)(iv) of that section.

Chapter 173-162 WAC, Regulation and licensing of well contractors and operators, the proposed changes to this rule are likewise procedural and clarifying in nature, implement changes authorized in the 1993 amendments to chapter 18.104 RCW, Water well construction, or are minor in their effects upon the regulated community. Many of these arise from the work of the Technical Advisory Group established by RCW 18.104.190 on which the well drilling industry is amply represented. The proposed revisions are summarized below.

(a) Revised licensing requirements and classifications. In addition to creating new classes of resource protection well operator's licenses with equivalent requirements, the requirements for obtaining a new license are changed to require slightly more field experience (approximately two years and seven months compared with two years at present) and thirty-two continuing education credits. (Continuing education will be addressed below.)

However, the revised version of chapter 173-162 WAC provides an alternative path to a new license, called "training completed," that reduces the field experience requirement to 3,600 hours (equivalent to one year and nine months on a forty-hour work week basis), and a new license class called "water well (resource protection well) operator's training license," that provides additional flexibility to those seeking qualifying experience.

License fees remain at the same levels as present. License renewal fees appear to have doubled from $10 to $20. However, license terms have also doubled from one year to two years. Hence, the effect is the same.

(b) Continuing education. Qualification requirements for new licenses and license renewals include varying amounts of continuing education. The revised rule includes a mechanism for establishing and assigning credits to continuing education activities. However, it is expected that continuing education will be both readily available, through industry conferences, vendor training classes, Department of Ecology-developed and administered classes and workshops, correspondence courses and the like, and inexpensive. Thus, any additional impacts upon the regulated community are expected to be minor.

In view of the above, it is concluded that these proposed revisions to chapter 173-602 [173-162] WAC are exempt from the requirements of chapter 19.85 RCW and RCW 34.05.328 because they will not impose more than minor costs upon the regulated community or are procedural in nature.

RCW 34.05.328 does not apply to this rule adoption. This is not a significant legislative rule.

Hearing Location: On Wednesday, October 22, at 7:00 - 9:00 p.m., Yakima Arboretum, 401 Arboretum Drive, Yakima, WA 98901; on Thursday, October 23, at 7:00 - 9:00 p.m., Spokane Community College, 1810 North Greene Street, Mailstop 2061, Spokane, WA 99207-5399; on Tuesday, October 28, at 7:00 - 9:00 p.m., Department of Ecology, 300 Desmond Drive, Lacey, WA 98503; and on Wednesday, October 29, 7:00 - 9:00 p.m., Bellingham Public Library, 210 Central Avenue, Bellingham, WA 98225.

Public Involvement: Public involvement activities will include workshops followed by formal hearings on the rule proposals.

For More Information Contact: Richard Szymarek, (360) 407-6648, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

Assistance for Persons with Disabilities: Contact Felicia Curtis by October 1, 1997, TDD (360) 407-6006, or (360) 407-6199.

Submit Written Comments to: Department of Ecology, Attn: Richard Szymarek, P.O. Box 47600, Olympia, WA 98504-7600, FAX (360) 407-7162, by November 10, 1997.

Date of Intended Adoption: December 30, 1997.

September 12, 1997

Daniel Silver

Deputy Director

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-010 What is the purpose((.)) of these regulations? These regulations are adopted ((pursuant to)) under chapter 18.104 RCW in order to establish procedures for the examination, licensing and regulation of well contractors and operators.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-010, filed 4/6/88; Order DE 73-10, 173-162-010, filed 6/29/73.]

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-020 ((General.)) To whom do these regulations apply? These regulations ((are applicable)) apply to all well ((contractors and operators)) drillers who are contracting for well construction or constructing wells in the state of Washington.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-020, filed 4/6/88; Order DE 73-10, 173-162-020, filed 6/29/73.]

NEW SECTION

WAC 173-162-025 What are the reasons for suspending or revoking a drilling license? (1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

(a) For fraud or deception in obtaining the license;

(b) For fraud or deception in reporting under RCW 18.104.050;

(c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

(2) The director shall immediately suspend any license issued under this chapter if the holder of the license is not in compliance with a support order or a residential or visitation order as determined by the department of social and health services. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

(3) No license shall be suspended for more than six months, except that a suspension under subsection (2) of this section shall continue until the department receives a release issued by the department of social and health services stating that the person is in compliance with the order.

(4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.

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AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-030 ((Definitions.)) How are the words and phrases used in this chapter? ((As used in this chapter:

(1) "Constructing a well" or "construct a well" means and includes boring, digging, drilling, or excavating and installing casing, lining or well screens, whether in the installation of a new well or the alteration of an existing well.

(2) "Department" means department of ecology.

(3) "Director" means director of the department of ecology.

(4) "Drilled well" is a well which is usually excavated by mechanical means such as rotary, cable tool, or auger rigs.

(5) "Driven well" is a well constructed by joining a "drive point" to a length of pipe, then driving the assembly into the ground.

(6) "Dug well" is a well generally excavated with hand tools or by mechanical methods. The side walls may be supported by material other than standard weight steel casing.

(7) "Licensee" is any person licensed as a well contractor pursuant to the provisions of this act and these rules.

(8) "Liner" means any casing, screen, or other device inserted into a larger casing, screen, or bore hole as a means of sealing off undesirable material or maintaining the structural integrity of the well.

(9) "Landfill gas extraction well" is a well used to withdraw gas from an unsaturated zone.

(10) "Monitoring well" is a well designed to obtain a representative ground water sample and/or to measure the water level over the screened interval.

(11) "Observation well" is a well designed to measure the depth to the water table. An observation well is screened across the water table and usually is installed in unconfined aquifers.

(12) "Operator" is any person employed by a well contractor or self employed as a contractor operator for the control and supervision of well construction and for the operation of well construction equipment.

(13) "Piezometer well" is a well designed to measure the hydraulic potential (water level elevation) at a specific point in the subsurface. A piezometer has a short screen that is positioned entirely beneath the water table.

(14) "Resource protection wells" mean monitoring wells, observation wells, piezometers and spill response wells, and cased geotechnical test borings.

(15) "Spill response well" is any well used to capture or recover any spilled or leaked fluid which has the potential to, or has contaminated the ground water.

(16) "Supervision" or "supervising" means being present at the site of well construction and responsible for proper construction at any and all times well construction equipment is being operated.

(17) "Water supply well" means any well that is used to withdraw, dewater, or recharge ground water.

(18) "Well" means and includes any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of an excavation is for the location, diversion, artificial recharge or withdrawal of ground water. Well includes water-supply well and resource protection well. Well does not mean excavations excluded in WAC 173-160-010(3).

(19) "Well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity engaged in the business of constructing wells.

(20) "Well rig" is any power driven, percussion, rotary, boring, digging, jetting, or augering machine used in the construction of a well.)) (1) "Abandoned well" means a well that is unused, unmaintained, or is in such disrepair as to be unusable.

(2) "Access port" is a 1/2- to 2-inch tapped hole or tube equipped with a screw cap, which provides access to the inner casing, for measurement of the depth to water surface.

(3) "Annular space" is the space between the surface or outer casing and the inner casing, or the space between the wall of the drilled hole and the casing.

(4) "Aquifer" is a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

(5) "Artesian well" is a well tapping an aquifer bounded above and below by confining or impermeable rock or soil layers, or rock or soil layers of distinctly lower permeability than the aquifer itself. The water will rise in the well above the point of initial penetration (above the bottom of the confining or impermeable layer overlying the aquifer). This term includes both flowing and nonflowing wells.

(6) "Artificial gravel pack" is a mixture of gravel or sand placed in the annular space around the well screen. A gravel pack is used to reduce the movement of finer material into the well and provide lateral support to the screen in unstable formations.

(7) "Artificial recharge" is the addition of water to an aquifer by activities of man, such as irrigation or induced infiltration from streams, or injection through wells, trenches, pits, and ponds.

(8) "Bentonite" is a mixture of swelling clay minerals, predominantly sodium montmorillonite.

(9) "Capped well" is a well that is not in use and has a watertight seal or cap installed on top of the casing.

(10) "Casing" is a pipe which is installed in the bore hole to maintain the opening.

(11) "Consolidated formation" means any geologic formation in which the earth materials have become firm and cohesive through natural rock forming processes. Such rocks commonly found in Washington include basalt, granite, sandstone, shale, conglomerate, and limestone. An uncased bore hole will normally remain open in these formations.

(12) "Constructing a well" or "construct a well" means:

(a) Boring, digging, drilling, or excavating a well;

(b) Installing casing, sheeting, lining, or well screens, in a well; or

(c) Drilling a geotechnical soil boring.

"Constructing a well" or "construct a well" includes the alteration of an existing well.

(13) "Contamination" has the meaning provided in RCW 90.48.020.

(14) "Continuing education unit" is one credit approved by the department for time spent participating in training or instruction in subject areas approved by the department.

(15) "Curbing" is a liner or pipe made of concrete, precast tile or steel installed in dug wells to provide a annular space between the well bore and the liner or pipe for sealing.

(16) "Decommissioning" means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifers.

(17) "Department" means the department of ecology.

(18) "Dewatering well" means a cased or lined excavation or boring that is intended to withdraw or divert ground water for the purpose of facilitating construction, stabilizing a land slide, or protecting an aquifer.

(19) "Director" means director of the department of ecology.

(20) "Disinfection" or "disinfecting" is the use of chlorine, or other disinfecting agent or process approved by the department, in sufficient concentration and contact time adequate to inactivate coliform or other indicator organisms.

(21) "Domestic water supply" is any water supply which serves a family residence(s).

(22) "Draw down" is the measured difference between the static ground water level and the ground water level induced by pumping.

(23) "Drilled well" is a well in which the hole is usually excavated by mechanical means such as rotary, cable tool, or auger drilling equipment.

(24) "Driven well" is a well constructed by joining a "drive point" to a length of pipe, then driving the assembly into the ground.

(25) "Dug well" is a well generally excavated with hand tools or by mechanical methods. The side walls may be supported by material other than standard weight steel casing.

(26) "Filter pack" means clean, well rounded, smooth, uniform, sand or gravel, which is placed in the annulus of the well between the bore hole wall and the well screen to prevent formation material from entering the well.

(27) "Formation" means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping.

(28) "Geotechnical information" means subsurface engineering properties used for the purpose of designing structures such as bridges, buildings, highways, pipelines, or for assessing slope stability.

(29) "Geotechnical soil boring" or "boring" means an uncased well drilled for the purpose of obtaining soil samples to ascertain structural properties of the subsurface. Geotechnical soil boring includes auger borings, rotary borings, cone penetrometer probes and vane shear probes, or any other uncased ground penetration for geotechnical information.

(30) "Ground water" means and includes ground waters as defined in RCW 90.44.035.

(31) "Grout" is a fluid mixture of cement, bentonite, and water used to seal the annular space around or between well casings, or to decommission wells.

(32) "Impermeable" is a descriptive term for earth materials which have a texture or structure that does not permit fluids to perceptibly move into or through its pores or interstices.

(33) "Instrumentation well" means a well in which pneumatic or electric geotechnical or hydrological instrumentation is permanently or periodically installed to measure or monitor subsurface strength and movement. Instrumentation well includes bore hole extensometers, slope indicators, pneumatic or electric pore pressure transducers, and load cells.

(34) "Liner" means any device inserted into a larger casing, screen, or bore hole as a means of maintaining the structural integrity of the well.

(35) "Lysimeter" means a well used to withdraw soil water or pore samples from subsurface soil or rock above the water table for chemical, physical, or biological testing.

(36) "Monitoring well" means a well designed to obtain a representative ground water sample or designed to measure the water level elevations in either clean or contaminated water or soil.

(37) "Nested well" means the installation of more than one cased resource protection well in one bore hole. This does not preclude casing reductions.

(38) "Observation well" means a well designed to measure the depth to the water or water level elevation in either clean or contaminated water or soil.

(39) "Operator" means a person who:

(a) Is employed by a well contractor;

(b) Is licensed under this chapter; or

(c) Who controls, supervises, or oversees the construction of a well or who operates well construction equipment.

(40) "Permeability" is a measure of the ease of which liquids or gas move through a porous material.

(a) For water, this is usually expressed in units of centimeters per second or feet per day. Hydraulic conductivity is a term for water permeability.

(b) Soils and synthetic liners with a water permeability of 1 x 10[-7] cm/sec or less may be considered impermeable.

(41) "Piezometer" means a well designed to measure water level elevation at a specific depth beneath the water table.

(42) "Pollution" and "contamination" have the meanings provided in RCW 90.48.020.

(43) "Pressure grouting" is a method of forcing grout into specific portions of a well for sealing purposes.

(44) "PTFE" means polytetrafluoroethylene casing materials such as teflon. The use of the term teflon is not an endorsement for any specific PTFE product.

(45) "Public water supply" is any water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, available to the public for human consumption or domestic use, excluding water supplies serving one single-family residence.

(46) "PVC" means polyvinyl chloride a type of thermoplastic casing.

(47) "Remediation well" means a well used to withdraw ground water or inject water, air (for air sparging), or other solutions into the subsurface for the purpose of remediating, cleaning up, or controlling potential or actual ground water contamination.

(48) "Resource protection well" means a cased boring used to determine the existence or migration of pollutants within an underground formation. Resource protection wells include monitoring wells, observation wells, piezometers, spill response wells, vapor extraction wells, and instrumentation wells.

(49) "Resource protection well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing resource protection wells or geotechnical soil borings.

(50) "Spill response well" means a well used to capture or recover any spilled or leaked fluid which has the potential to, or has contaminated the ground water.

(51) "Static water level" is the vertical distance from the surface of the ground to the water level in a well when the water level is not effected by pumping or free flow.

(52) "Temporary surface casing" is a length of casing (at least four inches larger in diameter than the nominal size of the permanent casing) which is temporarily installed during well construction to maintain the annular space.

(53) "Test well" is a well (either cased or uncased), constructed to determine the quantity of water available for beneficial uses, identifying underlying rock formations (lithology), and to locate optimum zones to be screened or perforated. If a test well is constructed with the intent to withdraw water for beneficial use, it must be constructed in accordance with the minimum standards for water supply wells, otherwise they shall be constructed in accordance with the minimum standards for resources protection wells. A water right permit, preliminary permit, or temporary permit shall be obtained prior to constructing a test well with an anticipated withdrawal rate or testing rate that exceeds the five thousand gallon per day exemption provided under RCW 90.44.050. A "test well" is a type of "water well."

(54) "Tremie tube" is a small diameter pipe used to place grout, filter pack material, or other well construction materials in a well.

(55) "Unconsolidated formation" means any naturally occurring, loosely cemented or poorly consolidated earth material including such materials as uncompacted gravel, sand, silt and clay. Alluvium, soil, and overburden are terms frequently used to describe such formations.

(56) "Vapor extraction well" means a well used to withdraw gases or vapors from soil, rock, landfill, or ground water or allow air or vapor to enter subsurface soil or rock for the purpose of remediating soil and/or ground water contamination;

(57) "Water well" means any excavation that is constructed when the intended use of the well is for the location, diversion, artificial recharge, observation, monitoring, dewatering or withdrawal of ground water.

(58) "Water well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing water wells.

(59) "Well alterations" include, but are not limited to, deepening, hydrofracturing or other operations intended to increase well yields. Well alterations does not include general maintenance, cleaning, and pump replacement.

(60) "Well completion" means that construction has progressed to a point at which the drilling equipment has been removed from the site, and the well can be put to its intended use.

(61) "Well" means water wells, resources protection wells, instrumentation wells, dewatering wells, and geotechnical soil borings. Well does not mean an excavation made for the purpose of obtaining or prospecting for oil, natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.

(62) "Well contractor" means a resource protection well contractor and a water well contractor.

(63) "Well driller" or "driller" is synonymous with "operator."

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-030, filed 4/6/88; Order DE 73-10, 173-162-030, filed 6/29/73.]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-040 ((Compliance--Requirement for licensing.)) How do I comply with licensing requirements? (((1) A well construction operators license is required for all operators.

(2) A well construction operators license is required for all well contractors as follows:

(a) Every well contractor shall designate one official as "liaison representative" who shall have the full responsibility and authority to act as the contractor's agent in all its dealings with the department. The "liaison representative" shall be licensed.

(b) An owner-operator who enters contracts on his own behalf is a well contractor and must be licensed. He shall act as his own "liaison agent" in all dealings with the department.

(3) An architectural, engineering or other similar type professional consulting firm, general contractor or construction firm and highway or bridge construction firm need not have a licensed well construction operator in its employ; provided that all well construction associated with their various projects is conducted by a duly licensed well contractor.)) (1) A water well driller's license is required for all drillers engaged in the constructing or decommissioning of water wells.

(2) A water well driller's training license is required for all trainees engaged in constructing or decommissioning water wells under the training program provisions of this chapter.

(3) A resource protection well driller's license is required for all drillers engaged in constructing or decommissioning resource protection wells and geotechnical soil borings.

(4) A resource protection well driller's training license is required for all trainees engaged in constructing or decommissioning resource protection wells and geotechnical soil borings under the training program provisions of this chapter.

(5) General contractors, engineering firms, designers, consulting firms, or other entities need not have a licensed well driller in its employ: Provided, That all well construction and decommissioning associated with their various projects and/or contracts is conducted by a licensed well driller licensed under the provisions of this chapter except as provided in WAC 173-162-050.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-040, filed 4/6/88; Order DE 73-10, 173-162-040, filed 6/29/73.]

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-050 ((Exemptions.)) Who is exempt? ((A well construction operators license shall not be required of:

(1) Any individual who personally drills a well on land which is owned or leased by him or in which he has a beneficial interest as a contract purchaser and is used by the individual for farm or noncommercial domestic use only.

(2) Any individual who performs labor or services for a well contractor in connection with the drilling of a well at the direction and under on-site supervision and control of a licensed operator.)) (1) No license under this chapter shall be required of:

(a) Any individual who personally constructs a well on land which is owned or leased by the individual or in which the individual has a beneficial interest as a contract purchaser and is used by the individual for farm or single-family residential use only.

(b) An individual, except trainees, who performs labor or services for a well contractor in connection with the construction or decommissioning of a well at the direction and under the direct supervision and control of a licensed driller who is present at the construction site.

(c) A person licensed under the provisions of chapter 18.08 or 18.43 RCW if in the performance of duties covered by those licenses.

(2) An individual who constructs or decommissions a well without a license under this subsection shall comply with all other requirements of this chapter and rules adopted by the department. Those requirements include, but are not limited to:

(a) Well construction and decommissioning standards;

(b) Payment of well construction fees; and

(c) Notification of well construction required by RCW 18.104.048.

(3) An individual without a license may construct not more than one well every two years under the provisions of this subsection.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-050, filed 4/6/88; Order DE 73-10, 173-162-050, filed 6/29/73.]

NEW SECTION

WAC 173-162-055 What types of drilling licenses are available? Five types of drilling licenses are available:

(1) Water well drilling training license.

(2) Resource protection well drilling training license.

(3) Resource protection well drilling license.

(4) Water well drilling license.

(5) Conditional drilling licenses for water or resource protection well drilling.

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AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-060 ((License required--Qualifications for licensing.)) How do you qualify for each license? ((A person shall be qualified to receive a license if he:

(1) Has made application to the department and has paid a twenty-five dollar application fee.

(2) Has passed a written examination, except that a person who can establish his illiteracy to the satisfaction of the department shall be entitled to an oral examination in lieu of a written examination.

(3) Has at least two years of field experience with a licensed well driller or one year of field experience and an equivalent of at least one school year of qualifying educational training. The qualifying educational training should include the following studies, in combination with field demonstration and experience for the minimum amount of hours shown:

(a) Ground water geology and hydrology - fifty-five hours;

(b) Well design and construction - fifty-five hours;

(c) Records and business basics - twenty-two hours;

(d) History of methods of drilling - twenty-two hours;

(e) Welding - one hundred ten hours; and

(f) Well drilling experience - four hundred fifty-nine hours.

These criteria must have official documentation by state or nationally approved institutions of higher learning.)) (1) Training licenses.

(a) You are qualified to receive either a water or a resource protection training license if you:

(i) Submit a completed application to the department on forms provided by the department and pay the department a twenty-five dollar application fee; and

(ii) Have completed at least six hundred hours of drilling experience working under the direct supervision of a licensed driller who has held a Washington state water and/or resource protection well drilling license for at least three years; and

(iii) Have obtained six continuing education units as approved by the department; and

(iv) Pass a written examination as provided for in RCW 18.104.080; and

(v) Pass an on-site examination by the department; and

(vi) Present a statement by a person or persons licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in RCW 9A.72.085, verifying that:

(A) The applicant has acquired a minimum of six hundred hours of field experience required under this chapter; and

(B) The driller has assumed liability for any and all well construction activities of the applicant while the applicant was gaining his/her six hundred hours of field experience. The driller shall only be liable for work performed under their direct supervision and control; and

(C) A licensed driller, except a trainee, assumes liability for any and all well construction activities of the trainee accomplished under the driller's control and as recorded and initialed by the licensed driller in the trainee's daily drilling log; and

(vii) An applicant who has gained drilling experience under more than one driller shall submit a statement from each driller. It is not necessary to accumulate all qualifying experience under one driller; and

(viii) Field experience for which a statement of verification and liability cannot be obtained, shall not be used as qualifying experience under this section.

All statements shall be entered on forms provided by the department.

(b) A person with either a resource protection or a water well training license may construct only those types of wells for which they are licensed without being under the direct supervision of a licensed driller provided:

(i) A licensed driller is available by radio, telephone, or other means of communication; and

(ii) The licensed driller can reach the drill site within one hour.

(c) As a trainee, you shall maintain a daily drilling log identifying all work accomplished that day. The log shall remain in the possession of the trainee at all times and shall be reviewed and initialed daily by the responsible licensed driller. The drilling log shall be available for review by department and county officials that have received delegated authority as provided in RCW 18.104.043.

(d) The work performed and initialed in this drilling log may be used in your application for a license under the training program completed licensing category of this chapter.

(e) All verifiable work performed by a trainee under the control of a licensed driller may be carried over to subsequent driller(s) who assume liability for the trainee.

(2) Water well or resource protection well drilling licenses.

A person shall be qualified to receive either a water or resource protection well driller's license if you meet the requirements of one of the following categories:

(a) New applicant category.

Applicants who have never held a well drilling license qualify if they:

(i) Submit a completed application to the department on forms provided by the department and pay the department a twenty-five dollar application fee; and

(ii) Submit proof that they have the following field experience and educational training:

(A) Five thousand four hundred hours of drilling experience under the direct supervision of a licensed well driller; and

(B) Thirty-two continuing education units; and

(iii) Pass a written examination as provided for in RCW 18.104.080.

Note: The department shall evaluate and approve all field experience and educational training. If your qualifying field experience under this section is from another state, the department may require an on-site examination.

(b) Training program completed category.

Applicants shall have completed their training program and will be qualified to receive a drilling license if they have:

(i) Submitted a completed application to the department on forms provided by the department and paid the department a twenty-five dollar application fee; and

(ii) Submitted proof of working experience as a licensed trainee under the provisions of this chapter for at least three thousand six hundred hours; and

(iii) Obtained fourteen continuing education units as approved by the department while working under the training program.

(c) Licensed experience category.

(i) Applicants who have never held a drilling license in Washington qualify if they have:

(A) Submitted a completed application to the department on forms provided by the department and paid the department a twenty-five dollar application fee; and

(B) A valid water well drilling license, or equivalent, in another state and can show proof that the license has been held for a period of three years. The department shall evaluate and approve all experience acquired by out-of-state licensed drillers; and

(C) Obtained thirty-two continuing educational units as approved by the department; and

(D) Passed a written examination as provided for in RCW 18.104.080; and

(E) Passed an on-site examination by the department. The on-site examination may be waived by the department.

(ii) Individuals, other than trainees, whose Washington drilling license has been suspended, revoked, or whose license has been expired for more than thirty calendar days shall apply for a new license. These individuals qualify to receive a license if:

(A) The terms of the order of suspension or revocation have been met; and

(B) They submit a completed application to the department on forms provided by the department and pay the department a twenty-five dollar application fee; and

(C) They have obtained seven continuing educational units for each year or portion of a year the license has been revoked, suspended, or expired; and

(D) They pass a written examination as provided for in RCW 18.104.080; and

(E) They pass an on-site examination by the department; and

(F) The on-site and/or written examination(s) may be waived by the department.

(iii) Proof of drilling experience shall be submitted with the application for license. Proof of drilling experience may include drilling logs, federal or state tax records; employment records; or other records acceptable to the department.

(3) Conditional license.

(a) A conditional license may be issued to a former licensee to comply with an order to correct a problem with a well. The terms of the license shall detail the extent and limitations placed on the holder. This may include limitations of work to be completed on a specific well, license expiration, and any other limitation set by the department.

(b) A conditional license cannot be issued to a person who has never held a driller's license issued under the provisions of this chapter.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-060, filed 4/6/88; Order DE 73-10, 173-162-060, filed 6/29/73.]

AMENDATORY SECTION (Amending Order DE 73-10, filed 6/29/73)

WAC 173-162-070 What application((s and)) fees((.)) are required? ((Applications for license or renewal of license shall be submitted on forms provided by the department.

(1) An application fee of twenty-five dollars made payable to the department must be submitted with each application for license.

(2) A renewal fee of ten dollars made payable to the department must be submitted with each application for renewal of license.)) Application fees are twenty-five dollars for each drilling or training license.

[Order DE 73-10, 173-162-070, filed 6/29/73.]

NEW SECTION

WAC 173-162-075 How often do I need to renew my license? (1) Licenses issued under this chapter, except a training license, shall be renewed every two years.

(2) A training license shall be valid for a period of two years from the time it was originally issued. A training license cannot be renewed. However, a one-time extension may be granted upon showing of good cause by the trainee. The limit of the extension shall be no longer than twelve months and will be evaluated on a case-by-case basis.

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AMENDATORY SECTION (Amending Order DE 73-10, filed 6/29/73)

WAC 173-162-080 ((Examinations--Time and place.)) What are the conditions and cost of renewing a drilling license? ((Examinations shall be held at such times and places as may be determined by the department, but not later than thirty days after a completed application with appropriate fee has been received and accepted by the department; provided that in the case where an application is received after an examination has been scheduled and there is either insufficient time for the department to duly notify the applicant of the time and place of the examination or the applicant is unable to take the examination at the scheduled time, the thirty day period will start from the scheduled examination date; provided further, however, that if an examination is not taken within ninety days after the initial receipt of the application in the department, the application shall be voided and the application fee forfeited.)) (1) Each renewal applicant shall:

(a) Submit a completed application on forms provided by the department; and

(b) Show proof that they successfully completed fourteen continuing education units during the past twenty-four months of the license term; and

(c) Pay a twenty-dollar renewal fee for each license they wish to renew; and

(d) Training licenses will be allowed a one time extension. A twenty-dollar fee will be charged for the extension.

(2) If you fail to submit a completed application for renewal, the license shall expire at the end of its effective term. A complete application includes the submission of the renewal fee and proof of completion of the required continuing education.

(3) If your license has been expired for more than thirty calendar days, you must apply for a new license as provided in this chapter. If your license has been expired for less than thirty calendar days, you may renew your license.

(4) The department may refuse to renew a license if the licensee has not complied with an order issued by the department or has not paid a penalty imposed under RCW 18.104.155, unless the order or penalty is under appeal.

(5) Drillers shall not construct or decommission a well after their license has expired.

[Order DE 73-10, 173-162-080, filed 6/29/73.]

NEW SECTION

WAC 173-162-085 Continuing education. Ecology, with the assistance of the technical advisory group, shall develop and administer a program for continuing education for the purpose of ensuring continued professional growth and competency of licensed drillers.

(1) What is continuing education?

Continuing education is your opportunity to gain additional knowledge into subjects that directly relate to the drilling profession. It is designed to enhance your drilling skills, keep you informed on technological advances, and keep you informed on current state and local regulations. The ultimate goal is to ensure the highest quality of professional drilling. Continuing education is required of every person applying for a drilling license and for every driller renewing a drilling license.

(2) How do I obtain the required continuing education credit?

(a) Continuing education may be obtained from a number of sources. The department as well as other state and local agencies may provide continuing education classes. Additionally, private organizations or individuals may also present approved classes for credit.

(b) The primary ways to receive credits will be:

(i) Attend and/or successfully complete classes, courses, workshops, or seminars that have been preapproved for credit; and/or

(ii) Have the class, course, workshop, or seminar you plan on attending or have attended evaluated by the technical advisory group and approved by the department for credit; and/or

(iii) Completion of correspondence courses will be considered and evaluated on a case-by-case basis.

(3) How will credit be assigned?

(a) The technical advisory group shall evaluate all courses, classes, workshops, or seminars and recommend assignment of continuing education credits. Their evaluation shall be reviewed by the department for approval.

(b) The following criteria shall be utilized to evaluate and assign credit:

(i) Course agenda and how well the subject relates to the business, technical, and/or regulatory aspects of well drilling and to the knowledge, skills, and abilities required in the well drilling profession.

(ii) Subject(s) difficulty.

(iii) Instructor qualifications.

(iv) Student course evaluations may be utilized to assign credit to courses.

(c) Course sponsors may have their courses preapproved by submitting a request to the department on forms provided by the department.

(d) Individuals planning on attending or who have attended classes, courses, workshops, or seminars that were not preapproved for credit must request a course evaluation and credit approval through the department on forms provided by the department.

(e) All courses, classes, workshops, or seminars must be open to anyone who wants to attend. This does not preclude a provider from imposing reasonable requirements for attendee's such as fees and providing their own safety equipment.

(4) What types of general topics, workshops or seminars will be accepted?

(a) General subject areas include: Occupational health and safety; business and office skills; interpersonal skills; technical aspects associated with drilling; and other subject areas approved by the department.

(b) Workshops, seminars, classes, or courses conducted by professional associations, governmental agencies, private businesses, and individuals, may be accepted, provided the subject(s) meets the provisions of this chapter.

(5) How do I get credit for participating in a continuing education program?

(a) A person is qualified to receive continuing education credit upon showing proof of attendance at an approved class, course, workshop, or seminar.

(b) Proof includes: Certificates of completion; transcripts; attendance rosters; diplomas; or other documents approved by the department.

(6) General information on continuing education:

(a) Credits received during a renewal period that are in excess of the requirements cannot be used for any succeeding years. EXAMPLE: A driller earning 20 continuing educational credits during their two-year renewal period cannot apply the six credits towards a future renewal.

(b) Credits shall not be assigned to courses, workshops, classes, or seminars attended prior to July 1, 1993.

(c) Proof of obtaining continuing education credits must be accepted by the department prior to license renewal or an application being finalized. It is the drillers/trainees responsibility to track and maintain records of their continuing education credits.

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AMENDATORY SECTION (Amending Order DE 73-10, filed 6/29/73)

WAC 173-162-090 ((Examinations--Notification of examinations.)) When and where are the written examinations given? ((Upon receipt of a properly completed application, the department shall notify the applicant of the date, time and place of the next scheduled examination. All incomplete application forms will be returned for completion. The applicant should notify the department if the examination schedule cannot be met and the reasons therefor.)) (1) Examinations are held at such times and places as may be determined by the department, but not later than thirty days after the department accepts the completed application package consisting of:

(a) A completed application form with appropriate fee; and

(b) Proof of required continuing education; and

(c) Proof of required drilling experience.

(2) Upon receipt of a completed application package, the department shall notify you of the date, time and place of the next scheduled written examination. You shall notify the department if you cannot meet the examination schedule. Your notice shall include the reason(s) why you cannot meet the schedule.

(3) If your application package is received after an examination has been scheduled and there is either insufficient time for the department to notify you of the time and place of the examination or you are unable to take the examination at the scheduled time, the thirty-day period will start from the scheduled examination date.

(4) However, you must take your written examination within ninety days after your application package is accepted by the department. After ninety days, your application package shall be voided and the application fee forfeited.

[Order DE 73-10, 173-162-090, filed 6/29/73.]

NEW SECTION

WAC 173-162-095 What should I know about the written examinations? (1) The written examinations for licenses issued under this chapter are prepared, administered, and evaluated by the department.

(2) The examinations are prepared to test the knowledge and understanding of the following subjects:

(a) Washington ground water laws as they relate to well construction and decommissioning;

(b) Sanitary standards for well drilling and construction of wells;

(c) Types of well construction and decommissioning;

(d) Drilling techniques, tools and equipment;

(e) Geology (including soil and rock description) as it relates to well construction;

(f) Rules and regulations of the department relating to well construction, test pumping, and equipment maintenance;

(g) Preparation of intent forms, well reports, and requests for variances;

(h) Township and range location system as it relates to location of wells;

(i) Basic ground water hydraulics as it relates to well construction and protection of the resource; and

(j) Rules and regulations of the Washington state department of health relating to source approval and source protection of public drinking water systems.

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AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-100 ((Examinations--Type of examinations.)) When will I be notified of the results of my written examination? ((The examinations shall be prepared, administered and evaluated by the department. They shall be broken down into sections including a basic general category and specialist categories including but not necessarily limited to cable tool, rotary, driven and dug well construction technology. The examination shall be prepared to test the knowledge and understanding of the following subjects:

(1) Washington ground water laws as they relate to well construction;

(2) Sanitary standards for water well drilling and construction of water wells;

(3) Types of well construction;

(4) Drilling tools and equipment;

(5) Underground geology as it relates to well construction;

(6) Rules and regulations of the department and the department of social and health services relating to well construction;

(7) Preparation of well reports;

(8) Township and range location system as it relates to location of wells; and

(9) Basic ground water hydraulics as it relates to well construction.)) The department shall notify you of your test results within ten days after the examination.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-100, filed 4/6/88; Order DE 73-10, 173-162-100, filed 6/29/73.]

AMENDATORY SECTION (Amending Order DE 73-10, filed 6/29/73)

WAC 173-162-120 ((Examinations--Notification of examination results.)) What should I know about on-site examinations? ((The department shall make a determination of the applicant's qualifications for a license within ten days after the examination and notify said applicant of the results within ten days after such determination.)) (1) You must pass the written exam before you can take the on-site exam.

(2) If you are required to take an on-site examination you will receive an authorization form along with the confirmation of your written test results. This form must be submitted to the on-site test provider prior to taking your test. A list of the on-site providers will also be included with your test results.

(3) You will be responsible to select an authorized provider. An exam fee may be charged by the provider.

(4) You and the examiner will schedule a mutually agreed upon time and place for the on-site exam, which shall be no later than ninety days after receipt of your written test results.

(5) You shall notify the department if you cannot meet the examination schedule and the reasons why you cannot meet the schedule. Acceptable reasons for rescheduling exams may include: Weather; availability of testers; or health problems.

(6) Failure to complete the on-site exam within ninety days may result in having to reapply and reschedule another on-site exam.

(7) You and the examiner will arrange for all the equipment, materials, and location for the on-site examination.

(8) The provider shall submit the results of the exam to the department within ten days. The department shall report the exam results to you within twenty days of taking the exam.

[Order DE 73-10, 173-162-120, filed 6/29/73.]

NEW SECTION

WAC 173-162-127 What will the on-site test consist of? The on-site examination shall test the applicants field skills and knowledge in the following areas:

(1) Safety.

(2) General knowledge of equipment operation.

(3) Equipment maintenance.

(4) Drilling knowledge.

(5) Well development.

(6) Implementation of the construction standards under chapter 173-160 WAC.

(7) Other skills and knowledge as may be required by the department.

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AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-130 ((Licenses--General.)) If I fail an exam, may I take a retest? ((It is the intent of the department in its implementation of the licensing phase of the Washington Water Well Construction Act to effect a smooth transition of this requirement into the well construction industry without causing undue hardship on individuals and/or businesses whose livelihood is dependent upon continuing work in this field.)) (1) If you fail the written or on-site exam, you shall not be entitled to take the examination, or any parts of the examination for a period of thirty days from the date of your original examination.

(2) If you failed to pass the written exam, you are considered a new applicant in all respects.

(3) If you fail the on-site exam, you will be required to arrange a retest after a thirty-day waiting period. You will not be required to retake the written exam.

(4) The provider may charge a reexamination fee.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-130, filed 4/6/88; Order DE 73-10, 173-162-130, filed 6/29/73.]

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-140 ((Licenses--Unconditional license.)) What are the requirements to become an on-site testing provider? ((An applicant who has passed the basic general examination and all specialist categories shall be granted a well construction operators license without any restrictions or conditions.)) (1) To qualify to be an on-site testing provider you must:

(a) Be a Washington state licensed driller in good standing; and

(b) Have held that Washington state drilling license for a period of five years; and

(c) Not have been issued an order or penalty under chapter 18.104 RCW, except for failure to renew a license; and

(d) Pass an evaluation of your drilling expertise provided by the department; and

(e) Enter a written agreement with the department which will describe the scope, duties, and responsibilities of the on-site testing provider.

(2) All agreements will be evaluated on an annual basis and renewed upon approval of the department.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-140, filed 4/6/88; Order DE 73-10, 173-162-140, filed 6/29/73.]

NEW SECTION

WAC 173-162-165 Grandfather clause--(Expires June 30, 2000.) (1) If you held a valid driller's license in 1997 issued under this chapter you may apply to renew your license in 1998 by submitting an application, choosing the type (resource or water well) of license, and paying the application fee under this chapter. The term of this license shall be two years.

(2) Following the issuance of the one time "grandfather" license, all subsequent license renewals will require that you to meet all the terms of this chapter.

(3) If you held a valid driller's license before July 1, 1993, you may obtain a resource protection license by:

(a) Submitting an application; and

(b) Paying a twenty-five dollar fee; and

(c) Showing proof of at least 600 hours of resource protection well drilling experience.

(4) Proof of experience shall consist of drilling reports or start notices showing you were the driller of record on at least fifteen resource protection wells. Other proof will be evaluated and approved by the department on a case-by-case basis.

(5) If you were working towards obtaining a drilling license but have acquired less than twelve months of drilling experience prior to the effective date of this chapter, you must request to have your education and experience evaluated by the department. Your request must show proof that you started working towards a drilling license prior to the effective date of this regulation, and that you have been diligently and continuously working towards obtaining a drilling license since you started. Proof shall consist of tax records, pay statements, or other documentation showing that you were under the supervision of a licensed driller.

You may chose to apply your education and experience towards the requirements of any license under this chapter.

(6) For individuals who have obtained at least twelve months of drilling experience under a licensed driller prior to the effective date of this regulation, shall be qualified to receive a drilling license after they have:

(a) Completed a total of twenty-four months of drilling experience under a licensed driller; and

(b) Submitted a complete application to the department; and

(c) Paid a twenty-five dollar fee; and

(d) Passed a written and on-site exam.

(7) The on-site exam may be waived by the department.

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AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-190 ((Well contractors--Responsibilities.)) What are the responsibilities of well contractors and their agents? ((The well contractor shall be responsible for appointment of a "liaison representative." Any change of "liaison representative" must be immediately reported to the department in order to assure continuity of communication.)) (1) The well contractor shall be responsible for designating an agent to represent its dealing with the department.

(2) The agent must be a Washington state licensed driller other than a trainee.

(3) The agent shall notify the department of all licensed drillers and trainees who are working for the well contractor.

(4) Notification shall be made within ninety days of enactment of this regulation.

(5) After the initial notification, the agent shall notify the department of all terminations and new hires within thirty days.

(6) The well contractor shall notify the department within thirty days of making any change of agent.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-190, filed 4/6/88; Order DE 73-10, 173-162-190, filed 6/29/73.]

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-200 ((Enforcement.)) What are the department of ecology's enforcement options? In enforcement of this chapter, the department of ecology may impose ((such)) the sanctions ((as)) that are appropriate under authorities vested in it, including but not limited to the issuance of regulatory orders under RCW 43.27A.190, civil penalties under RCW 90.03.600 and 18.104.155, and criminal penalties under RCW 18.104.160.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-200, filed 4/6/88.]

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-162-210 ((Appeals.)) Can I appeal enforcement actions? Yes, you can appeal the department of ecology's decision to the pollution control hearings board. All final written decisions of the department of ecology pertaining to permits, regulatory orders, and related decisions made ((pursuant to)) under this chapter shall be subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-162-210, filed 4/6/88.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 173-162-170 Retaking examination.

((PART ONE--GENERAL)) REQUIREMENTS THAT APPLY TO ALL WELLS

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-160-010 ((Purpose.)) What is the purpose of this regulation? (((1) These regulations are adopted pursuant to chapter 18.104 RCW, in order to establish minimum standards for the construction of all wells in the state of Washington. These regulations establish minimum construction standards for two classes of wells; water supply wells and resource protection wells. Water supply wells include wells used to appropriate water for beneficial purposes, cased dewatering wells, and test wells. Resource protection wells include: Monitoring wells, observation wells, piezometers, geotechnical test borings, and spill response wells.

(2) Provisions of Part One shall apply to all wells. Provisions of Part Two shall apply to water supply wells. Provisions of Part Three shall apply to resource protection wells.

(3) The following are excluded from these regulations:

(a) Excavations that are not used to locate, divert, artificially recharge, or withdraw ground water.

(b) Post holes.

(c) Landfill gas extraction wells.

(d) An excavation for the purpose of obtaining or prospecting for oil, natural gas, minerals, products of mining, quarrying, inserting media to repressure oil or natural gas bearing formations, storing petroleum, natural gas, or other products, as provided in chapter 78.52 RCW.

(e) Injection wells, such as stormwater disposal or recharge wells regulated in chapter 173-218 WAC.

(f) Cathodic protection wells.

(g) Uncased wells used for dewatering purposes in construction work, and other uncased excavations, such as uncased geotechnical test borings. However, the provisions of WAC 173-160-055, 173-160-010(4), and 173-160-420 shall apply.

(h) Infiltration galleries, trenches, ponds, pits, and sumps.

(4) Pursuant to chapter 90.48 RCW, those excavations excluded in subsection (3)(a) through (h) of this section shall be constructed and abandoned to ensure protection of the ground water resource and to prevent the contamination of that resource.)) (1) These regulations are adopted under chapter 18.104 RCW, to establish minimum standards for the construction and decommissioning of all water and resource protection wells in the state of Washington.

(2) The following are excluded from these regulations and chapter 173-162 WAC:

(a) Any excavation that is not intended to locate, divert, artificially recharge, observe, monitor, dewater, or withdraw ground water for agricultural, municipal, industrial, domestic, or commercial use except resource protection wells.

(b) Any excavation for the purpose of obtaining or prospecting for oil, natural gas, minerals, products of mining, quarrying, inserting media to repressure oil or natural gas bearing formations, storing petroleum, natural gas, or other products, as provided in chapter 78.52 RCW.

(c) Injection wells regulated in chapter 173-218 WAC.

(d) Infiltration or exfiltration galleries, trenches, ponds, pits, and sumps.

(3) Under chapter 90.48 RCW, those excavations excluded in subsection (2)(a) through (d) of this section shall be constructed, maintained, and decommissioned to ensure protection of the ground water resource and to prevent the contamination and waste of that resource.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-160-010, filed 4/6/88; Order 73-6, 173-160-010, filed 4/30/73.]

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-160-020 ((General.)) How do I apply for a variance? ((The following minimum standards shall apply to all wells constructed in the state of Washington. It is the responsibility of the water well contractor and the property owner to take whatever measures are necessary to guard against waste and contamination of the ground water resources.

(1) It will be necessary in some cases to construct wells with additional requirements beyond the minimum standards. Additional requirements are necessary when the well is constructed in or adjacent to a source of contamination. Sources of contamination include, but are not limited to, the following: Septic systems, lagoons, landfills, hazardous waste sites, salt water intrusion areas, chemical storage areas, and pipelines.

(2) When strict compliance with these regulations is impractical, the well contractor or driller shall make application to the department for approval of comparable alternative specifications (a variance) prior to the work being done. The department shall authorize or deny a variance request within fourteen days of receipt of a written request. In an emergency, a public health emergency, or in exceptional instances, the department will allow verbal notification to the appropriate regional office, with a written request follow-up.)) (1) When strict compliance is impractical, any person may request a variance to the department from a regulation or regulations. The application for variance must propose a comparable alternative specification that will provide equal or greater human health and resource protection than the minimum standards. Application for a variance shall be made in writing and approved prior to the construction or decommissioning of the well.

(2) The variance application shall contain at least the following information:

(a) Name, address, and phone number of the person requesting the variance;

(b) Address of well site;

(c) 1/4, 1/4, section, township, range;

(d) The specific regulation(s) that cannot be followed;

(e) The comparable alternative specification;

(f) Justification for the request.

(3) The variance application will be evaluated, and a response will be given within fourteen days. In a public health emergency or other exceptional circumstance, verbal notification for a variance may be given. An emergency usually consists of a well failure resulting in a dry well or an unusable well. Driller convenience does not constitute an emergency.

(4) The emergency variance recipient must immediately follow up with a written notification to the department so that a permanent record is made of the variance.

(5) Local health districts or counties with delegated authority may grant variances under the provision chapter 18.104 delegated authority.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-160-020, filed 4/6/88; Order 73-6, 173-160-020, filed 4/30/73.]

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-160-030 ((Definitions.)) When will this regulation be reviewed? ((As used in this chapter:

(1) "Abandoned well" is a well which has been filled or plugged so it is rendered unproductive. A properly abandoned well will not produce water nor serve as a channel for movement of water.

(2) "Access port" is a 1/2- to 2-inch tapped hole or tube equipped with a screw cap, which provides access to the inner casing, for measurement of the depth to water surface.

(3) "Annular space" is the space between the surface or outer casing and the inner casing, or the space between the wall of the drilled hole and the casing.

(4) "Aquifer" is a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

(5) "Artesian well" is a well tapping an aquifer bounded above and below by impermeable beds or beds of distinctly lower permeability than the aquifer itself. The water will rise in the well above the point of initial penetration (above the bottom of the confining or impermeable layer overlying the aquifer). This term includes both flowing and nonflowing wells.

(6) "Artificial gravel pack" is a mixture of gravel and/or sand placed in the annular space around the well screen. A gravel pack is used to reduce the movement of finer material into the well reduce the movement of finer material into the well, increase the well yield and provide lateral support to the screen in unstable formations.

(7) "Artificial recharge" is the addition of water to an aquifer by activities of man, such as irrigation or induced infiltration from streams, or injection through wells.

(8) "Bentonite" is a mixture of swelling clay minerals, predominantly sodium montmorillonite.

(9) "Capped well" is a well that is not in use and has a watertight seal or cap installed on top of the casing.

(10) "Casing" is a pipe, generally of metal or plastic, which is installed in the bore hole to maintain the opening.

(11) "Curbing" is a liner or pipe made of concrete, precast tile or steel installed in dug wells to provide a space between the well bore and the liner for sealing.

(12) "Consolidated formation" means any geologic formation in which the earth materials have become firm and coherent through natural rock forming processes. Such rocks commonly found in Washington include basalt, granite, sandstone, shale, conglomerate, and limestone. An uncased drill hole will normally remain open in these formations.

(13) "Contamination" is an impairment of natural ground water quality by biological, chemical, physical, or radiological materials which lower the water quality to a degree which creates a potential hazard to the environment, public health, or interferes with a beneficial use.

(14) "Department" means the department of ecology.

(15) "Disinfection" is the use of chlorine, or other disinfecting agent or process approved by the department, in sufficient concentration and contact time adequate to inactivate coliform or other indicator organisms.

(16) "Domestic water supply" is any water supply serving one or more single family residences.

(17) "Drawdown" is the measured difference between the static water level and the water level induced by pumping.

(18) "Drilled well" is a well in which the hole is usually excavated by mechanical means such as rotary, cable tool, or auger rigs.

(19) "Driven well" is a well constructed by joining a "drive point" to a length of pipe, then driving the assembly into the ground.

(20) "Dug well" is a well generally excavated with hand tools or by mechanical methods. The side walls may be supported by material other than standard weight steel casing.

(21) "Filter pack" means clean, well rounded, smooth, uniform, sand or gravel, which is placed in the annulus of the well between the borehole wall and the well screen to prevent formation material from entering the well.

(22) "Formation" means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping.

(23) "Geotechnical test boring" means any temporary cased borehole completed primarily for the purpose of obtaining geologic, or geotechnical data about subsurface soil or rock conditions, and/or for determining ground water levels.

(24) "Grout" is a fluid mixture of cement, bentonite, and water used to seal the annular space around or between well casings, or to fill and seal abandoned wells.

(25) "Impermeable" is a descriptive term for earth materials which have a texture or structure that does not permit fluids to perceptibly move into or through its pores or interstices.

(26) "Licensee" is any person who is licensed as a well contractor pursuant to the provisions of this act and these rules.

(27) "Liner" means any casing, screen, or other device inserted into a larger casing, screen, or open hole as a means of sealing off undesirable material or maintaining the structural integrity of the well.

(28) "Landfill gas extraction well" is a well used to withdraw gas from an unsaturated zone.

(29) "Monitoring well" is a well designed to obtain a representative ground water sample and/or to measure the water level elevation over the screened interval.

(30) "Observation well" is a well designed to measure the depth to the water table. An observation well is screened across the water table and usually is installed in unconfined aquifers.

(31) "Operator" is any person employed by a well contractor or self-employed as a contractor-operator for the control and supervision of well construction or for the operation of well construction equipment.

(32) "Permeability" means the case with which a porous material allows liquid or gaseous fluids to flow through it. For water, this is usually expressed in units of centimeters per second and termed hydraulic conductivity. Soils and synthetic liners with a permeability for water of 1 x 10⁷ cm/sec or less may be considered impermeable.

(33) "Piezometer well" is a well designed to measure the hydraulic potential (water level elevation) at a specific point in the subsurface. A piezometer has a short screen that is positioned entirely beneath the water table.

(34) "Pressure grouting" is a method of forcing grout into specific portions of a well for sealing purposes.

(35) "PTFE" means polytetrafluoroethylene casing materials (such as teflon) and is not an endorsement for any specific PTFE product.

(36) "Public water supply" is any water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, available to the public for human consumption or domestic use, excluding water supplies serving one single family residence.

(37) "Puddling clay" is a mixture of at least fifty percent bentonite and fine sand material which seals out or retards the movement of water.

(38) "PVC" means polyvinyl chloride a type of thermoplastic casing.

(39) "Resource protection wells" mean monitoring wells, observation wells, piezometers and spill response wells, and cased geotechnical test borings.

(40) "Spill response well" is any well used to capture or recover any spilled or leaked fluid which has the potential to, or has contaminated the ground water.

(41) "Static water level" is the vertical distance from the surface of the ground to the water level in a well when the water level is not effected by pumping or free flow.

(42) "Temporary surface casing" is a length of casing (at least four inches larger in diameter than the permanent casing) which is temporarily installed during well construction to maintain the annular space.

(43) "Test well" is a well (either cased or uncased), constructed to determine the quantity of water available for beneficial uses identifying underlying rock formations (lithology), and to locate optimum zones to be screened or perforated.

If a test well is constructed with the intent to withdraw water for beneficial use, it must be constructed in accordance with the minimum standards for water supply wells, otherwise they shall be constructed in accordance with the minimum standards for resource protection wells.

(44) "Tremie tube" is a small diameter pipe used to place grout, filter pack material, or other well construction materials in a well.

(45) "Unconsolidated formation" means any naturally occurring, loosely cemented or poorly indurated earth material including such materials as uncompacted gravel, sand, silt and clay. Alluvium, soil, and overburden are terms frequently used to describe such formations.

(46) "Water supply well" means any well that is used to withdraw, dewater, or recharge ground water.

(47) "Well" means and includes any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of an excavation is for the location, diversion, artificial recharge, or withdrawal of ground water. Well includes water-supply well and resource protection well. Well does not mean excavations excluded in WAC 173-160-010(3).

(48) "Well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity engaged in the business of constructing wells.

(49) "Well driller" is synonymous with "operator."

(50) "Well rig" is any power driven, percussion, rotary, boring, digging, jetting or auguring machine used in the construction of a well.)) (1) The department of ecology shall initiate review of the rules established in this chapter:

(a) When new information, changing conditions, or statutory modifications make it necessary to consider revisions; or

(b) When statutes require the review of this regulation, whichever comes first.

(2) The technical advisory group (TAG) established under chapter 18.104 RCW shall assist the department in the development and revision of rules.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-160-030, filed 4/6/88; Order 73-6, 173-160-030, filed 4/30/73.]

AMENDATORY SECTION (Amending Order 91-27, filed 11/19/91, effective 12/20/91)

WAC 173-160-040 ((Permit.)) How does this regulation relate to other authorities? ((As provided in RCW 90.44.050, no well shall be constructed if a withdrawal of more than five thousand gallons a day or irrigation of more than one-half acre of noncommercial lawn and garden is contemplated, unless an application to appropriate such waters has been made to the department and a permit has been granted.

As provided in WAC 173-548-050, no wells shall be constructed for any purposes in subbasins closed in the Methow water resources regulation, including those exempt from permitting under RCW 90.44.050, unless written approval has been obtained from the department prior to beginning well construction.)) (1) Nothing in these regulations may be construed to waive any legal requirements of other state agencies or local governmental entities relating to well construction to include prior notification nor may it preclude the adoption of more stringent minimum well construction standards by local government.

(2) Well contractors shall be familiar with all state and local well construction requirements for their job sites prior to initiating construction.

[Statutory Authority: Chapters 34.05, 90.54, 18.104, 90.03 and 90.44 RCW. 91-23-093 (Order 91-27), 173-160-040, filed 11/19/91, effective 12/20/91. Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-160-040, filed 4/6/88; Order 73-6, 173-160-040, filed 4/30/73.]

AMENDATORY SECTION (Amending Order 88-58, filed 4/6/88)

WAC 173-160-050 ((Records.)) What are the department's enforcement options? (((1) Every well contractor, within thirty days after completion of a well, is required to submit a complete record on the construction or alteration of the well to the department. This shall apply to all water supply and resource protection wells. The well record shall be made on a form provided by the department, or a reasonable facsimile, as approved by the department.

(2) The water supply and test well record shall include the following information, where applicable, as a minimum: Location of well to at least 1/4, 1/4 section or smallest legal subdivision; intended use of well; the depth, diameter, and general specifications of each well; the depth, thickness and character of each bed, stratum or formation penetrated by each well; and the commercial specifications of all casing, also of each screen or perforated zone in the casing; the tested capacity of each well in gallons per minute; for each nonflowing well, the depth to the static water level, as measured below the land surface, and also the drawdown of the water level at the end of the well capacity test; for each flowing well, the shut-in pressure measured above the land surface, or in pounds per square inch at the land surface, and such additional factual information as reasonably may be required by the department.

(3) The well record shall be made on a form provided by the department, or a reasonable facsimile, as approved by the department. The resource protection well record shall include the following information as a minimum: Project name, if appropriate; location of well to at least 1/4, 1/4 section or smallest legal subdivision; land surface datum; well identification number; diameter; depth, and general specifications of each well; the depth thickness and character of each bed, stratum or formation penetrated by each well; and commercial specifications of all casing and screen; as-built diagram; and additional information as required by the department.)) The department may impose the sanctions that are appropriate under authorities vested in it, including but not limited to:

(1) The issuance of regulatory orders under RCW 43.27A.190;

(2) Civil penalties under RCW 90.03.600 and 18.104.155; and

(3) Criminal penalties under RCW 18.104.160.

[Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), 173-160-050, filed 4/6/88; Order 73-6, 173-160-050, filed 4/30/73.]

NEW SECTION

WAC 173-160-061 May I appeal the department's decision? (1) Yes. All final written decisions of the department of ecology pertaining to permits, regulatory orders, and related decisions made under this chapter are subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.

(2) If you wish to appeal a decision of the department of ecology, you must appeal it before that board.

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NEW SECTION

WAC 173-160-071 May I appeal decisions made by delegated authorities? (1) Yes. Any person who feels aggrieved by a decision made by a local health district or county under delegated authority may appeal the decision to the department of ecology.

(2) The appeal must be made within thirty days of receipt of the decision.

(3) An appeal to the department shall contain at least the following information:

(a) Name, address, and phone number of appealing party;

(b) Copy of the decision under appeal;

(c) A clear statement of what issues are disputed;

(d) A clear statement of what relief the appellant is seeking.

(4) The department will consider the appeal, and either affirm, reverse, or modify the decision of the delegated authority. A written response shall be provided to the applicant and the delegated authority within thirty days of the department's receipt of the appeal.

(5) The department's decision is subject to review by the pollution control hearings board, pursuant to RCW 18.104.130.

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PART ONE--GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTION

NEW SECTION

WAC 173-160-101 What are the general standards that apply to all water wells? The following minimum standards apply to all water wells constructed and decommissioned in the state of Washington. It is the responsibility and liability of the water well driller who constructs the well, the property owner, and the water well contractor, to take whatever measures are necessary to guard against waste and contamination of the ground water resources.

(1) It is necessary in some cases to construct and decommission wells with additional requirements beyond the minimum standards. Additional requirements may be necessary when the well is constructed or decommissioned in or adjacent to a known, suspected, or potential source of contamination. Sources of contamination include, but are not limited to, the following:

(a) Septic systems, including proposed and reserve sites under a valid septic design: Provided, That the design has been approved for installation by a health authority;

(b) Manure, sewage, and industrial lagoons;

(c) Landfills;

(d) Hazardous waste sites;

(e) Sea/salt water intrusion areas;

(f) Chemical storage areas;

(g) Pipelines used to convey materials with contamination potential;

(h) Livestock barns and livestock feed lots; and

(i) Other sources or potential sources of contamination as defined in the department of health's inventory entitled, "Inventory of Potential Contaminant Sources in Washington's Well head Protection Areas," dated April 1995 or as revised.

(2) Nothing in these regulations limits the department's authority to approve comparable alternative specifications for well construction as technology in the industry develops or new and comparable methods of construction become known to the department.

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NEW SECTION

WAC 173-160-111 What are the definitions of specific words as used in this chapter? (1) "Abandoned well" means a well that is unused, unmaintained, or is in such disrepair as to be unusable.

(2) "Access port" is a 1/2- to 2-inch tapped hole or tube equipped with a screw cap, which provides access to the inner casing, for measurement of the depth to water surface.

(3) "Annular space" is the space between the surface or outer casing and the inner casing, or the space between the wall of the drilled hole and the casing.

(4) "Aquifer" is a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

(5) "Artesian well" is a well tapping an aquifer bounded above and below by confining or impermeable rock or soil layers, or rock or soil layers of distinctly lower permeability than the aquifer itself. The water will rise in the well above the point of initial penetration (above the bottom of the confining or impermeable layer overlying the aquifer). This term includes both flowing and nonflowing wells.

(6) "Artificial gravel pack" is a mixture of gravel or sand placed in the annular space around the well screen. A gravel pack is used to reduce the movement of finer material into the well and provide lateral support to the screen in unstable formations.

(7) "Artificial recharge" is the addition of water to an aquifer by activities of man, such as irrigation or induced infiltration from streams, or injection through wells, trenches, pits, and ponds.

(8) "Bentonite" is a mixture of swelling clay minerals, predominantly sodium montmorillonite.

(9) "Capped well" is a well that is not in use and has a watertight seal or cap installed on top of the casing.

(10) "Casing" is a pipe which is installed in the bore hole to maintain the opening.

(11) "Consolidated formation" means any geologic formation in which the earth materials have become firm and cohesive through natural rock forming processes. Such rocks commonly found in Washington include basalt, granite, sandstone, shale, conglomerate, and limestone. An uncased bore hole will normally remain open in these formations.

(12) "Constructing a well" or "construct a well" means:

(a) Boring, digging, drilling, or excavating a well;

(b) Installing casing, sheeting, lining, or well screens, in a well; or

(c) Drilling a geotechnical soil boring.

"Constructing a well" or "construct a well" includes the alteration of an existing well.

(13)"Contamination" has the meaning provided in RCW 90.48.020.

(14) "Curbing" is a liner or pipe made of concrete, precast tile or steel installed in dug wells to provide an annular space between the well bore and the liner or pipe for sealing.

(15) "Decommissioning" means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifers.

(16) "Department" means the department of ecology.

(17) "Dewatering well" means a cased or lined excavation or boring that is intended to withdraw or divert ground water for the purpose of facilitating construction, stabilizing a land slide, or protecting an aquifer.

(18) "Director" means director of the department of ecology.

(19) "Disinfection" or "disinfecting" is the use of chlorine, or other disinfecting agent or process approved by the department, in sufficient concentration and contact time adequate to inactivate coliform or other indicator organisms.

(20) "Domestic water supply" is any water supply which serves a family residence(s).

(21) "Draw down" is the measured difference between the static ground water level and the ground water level induced by pumping.

(22) "Drilled well" is a well in which the hole is usually excavated by mechanical means such as rotary, cable tool, or auger drilling equipment.

(23) "Driven well" is a well constructed by joining a "drive point" to a length of pipe, then driving the assembly into the ground.

(24) "Dug well" is a well generally excavated with hand tools or by mechanical methods. The side walls may be supported by material other than standard weight steel casing.

(25) "Filter pack" means clean, well rounded, smooth, uniform, sand or gravel, which is placed in the annulus of the well between the bore hole wall and the well screen to prevent formation material from entering the well.

(26) "Formation" means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping.

(27) "Ground water" means and includes ground waters as defined in RCW 90.40.035.

(28) "Grout" is a fluid mixture of cement, bentonite, and water used to seal the annular space around or between well casings, or to decommission wells.

(29) "Impermeable" is a descriptive term for earth materials which have a texture or structure that does not permit fluids to perceptibly move into or through its pores or interstices.

(30) "Liner" means any device inserted into a larger casing, screen, or bore hole as a means of maintaining the structural integrity of the well.

(31) "Permeability" is a measure of the ease of which liquids or gas move through a porous material.

(a) For water, this is usually expressed in units of centimeters per second or feet per day. Hydraulic conductivity is a term for water permeability.

(b) Soils and synthetic liners with a water permeability of 1 x 10[-7] cm/sec or less may be considered impermeable.

(32) "Pollution" and "contamination" have the meaning provided in RCW 90.48.020.

(33) "Pressure grouting" is a method of forcing grout into specific portions of a well for sealing purposes.

(34) "PTFE" means polytetrafluoroethylene casing materials such as teflon. The use of the term teflon is not an endorsement for any specific PTFE product.

(35) "Public water supply" is any water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, available to the public for human consumption or domestic use, excluding water supplies serving one single-family residence.

(36) "PVC" means polyvinyl chloride a type of thermoplastic casing.

(37) "Static water level" is the vertical distance from the surface of the ground to the water level in a well when the water level is not effected by pumping or free flow.

(38) "Temporary surface casing" is a length of casing (at least four inches larger in diameter than the nominal size of the permanent casing) which is temporarily installed during well construction to maintain the annular space.

(39) "Test well" is a well (either cased or uncased), constructed to determine the quantity of water available for beneficial uses, identifying underlying rock formations (lithology), and to locate optimum zones to be screened or perforated. If a test well is constructed with the intent to withdraw water for beneficial use, it must be constructed in accordance with the minimum standards for water supply wells, otherwise they shall be constructed in accordance with the minimum standards for resources protection wells. A water right permit, preliminary permit, or temporary permit shall be obtained prior to constructing a test well with an anticipated withdrawal rate or testing rate that exceeds the five thousand gallon per day exemption provided under RCW 90.44.050. A "test well" is a type of "water well."

(40) "Tremie tube" is a small diameter pipe used to place grout, filter pack material, or other well construction materials in a well.

(41) "Unconsolidated formation" means any naturally occurring, loosely cemented or poorly consolidated earth material including such materials as uncompacted gravel, sand, silt and clay.

Alluvium, soil, and overburden are terms frequently used to describe such formations.

(42) "Water well" means any excavation that is constructed when the intended use of the well is for the location, diversion, artificial recharge, observation, monitoring, dewatering or withdrawal of ground water for agricultural, municipal, industrial, domestic, or commercial use.

(43) "Water well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing water wells.

(44) "Well alterations" include, but are not limited to, deepening, hydrofracturing or other operations intended to increase well yields. Well alterations does not include general maintenance, cleaning, and pump replacement.

(45) "Well completion" means that construction has progressed to a point at which the drilling equipment has been removed from the site, and the well can be put to its intended use.

(46) "Well" means water wells, resources protection wells, instrumentation wells, dewatering wells, and geotechnical soil borings. Well does not mean an excavation made for the purpose of obtaining or prospecting for oil or natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.

(47) "Well driller" is synonymous with "operator."

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Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 173-160-121 What should I know about drilling wells that require water right permits? (1) As provided in RCW 90.44.050, no well, to include a test well, irrigation well, dewatering well, domestic supply well, resource protection/monitoring well, municipal well, or any other class or category of well may be constructed if a withdrawal of more than five thousand gallons a day for domestic, stock water, or irrigation of more than one-half acre of noncommercial lawn and garden is contemplated, unless an application to appropriate such waters has been made to the department and a water right permit has been granted.

(2) The licensed driller must have a copy of the water right permit or certificate on site at all times.

(3) Every well that requires a permit shall be constructed to meet the provisions of that permit. Provisions may include:

(a) Limitations on zones of completion.

(b) Special sealing requirements.

(c) Special casing and liner requirements.

(d) Other specific construction and testing details.

(4) As provided in WAC 173-548-050, no water well may be constructed for any purpose in subbasins closed by the Methow water resources regulation:

(a) Including those exempted from permitting under RCW 90.44.050;

(b) Unless written approval has been obtained from the department prior to beginning well construction.

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NEW SECTION

WAC 173-160-131 What should the well owner know about water metering? The department may require water users to measure the quantity of water withdrawn from wells, to record water use, and/or to report the water use information to the department. The department may develop specific metering and reporting requirements at a future date.

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NEW SECTION

WAC 173-160-141 What are the requirements regarding water well reports? (1) Anyone who constructs a well is required to submit a complete report on the construction, alteration, or decommissioning of the well to the department within thirty days after completion of a well.

(a) This applies to all water wells.

(b) The water well report must be made on a form provided by the department, or a reasonable facsimile of the form, as approved by the department.

(2) Where applicable the water well report includes, at least, the following information:

(a) Owner's name; driller's/trainee's name; driller's/trainee's license number; contractor's registration number, drilling company name;

(b) Tax parcel number;

(c) Well location address;

(d) Location of the well to at least 1/4, 1/4 section or smallest legal subdivision;

(e) Unique well identification tag number;

(f) Construction date;

(g) Start notification number;

(h) Intended use of well;

(i) The well depth, diameter, and general specifications of each well;

(j) Total depth of casing;

(k) Well head elevation;

(l) Drilling method;

(m) Bit diameter;

(n) Seal material, seal location and type of placement used;

(o) Filter pack location; filter pack material used;

(p) The thickness and character of each bed, stratum or formation penetrated by each well including identification of each water bearing zone;

(q) Casing gauge, diameter, stickup, type of material, and length, also of each screened interval or perforated zone in the casing;

(r) The tested capacity of each well in gallons per minute;

(s) For each nonflowing well, the depth to the static water level, as measured below the land surface, and also the duration, pumping rate, and draw down of the water level at the end of the well capacity test;

(t) For each flowing well, the shut-in pressure measured above the land surface, or in pounds per square inch at the land surface; and

(u) Such additional factual information as may be required by the department.

(3) The well report must show the license number and signature of the person who constructed the well. If this is an unlicensed person, not exempted under RCW 18.104.180, the report shall show the license number and signature of the licensed driller who witnessed the drilling. Water well reports for wells constructed by trainees shall have the signature and license number of the trainee and the licensed driller.

(4) If a well report is missing, a new report may be generated. This report shall report all physical components of the well and report all available information in accordance with this section. The report shall be signed by the individual collecting the physical information of the well.

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NEW SECTION

WAC 173-160-151 Does the department require prior notice and fees for well constructing, reconstructing, or decommissioning a water well? (1) Yes. The property owner, owner's agent, or water well driller shall notify the department of their intent to begin well construction, reconstruction, or decommissioning procedures at least seventy-two hours before starting work.

(2) The notice of intent is submitted on forms provided by the department and must contain the following:

(a) Well owner's name;

(b) Well location; street address; county name, 1/4, 1/4 section, township, and range, and tax parcel number;

(c) Proposed use; (if the intended withdrawal requires a water right permit the permit shall be attached to the notice of intent);

(d) Approximate start and completion dates;

(e) Contractor's registration number;

(f) Driller's/trainee's name and license number; and

(g) Drilling company's name.

(3) In an emergency, a public health emergency, or in exceptional instances, the department may allow verbal notification to the appropriate regional office, with a start card written notification follow-up and payment of fee submitted within twenty-four hours. An emergency situation may consist of a failing well, or water quality issues which could result in a public health or safety concern.

(4) The notice must be accompanied by the following fees which apply to all newly constructed and reconstructed wells:

(a) The fee for one new water well, other than a dewatering well, with a top casing diameter of less than twelve inches is one hundred dollars.

(b) The fee for one new water well, other than a dewatering well, with a top casing diameter of twelve inches or greater is two hundred dollars.

(c) The combined fee for construction and decommissioning of a dewater well system shall be forty dollars for each two hundred horizontal lineal feet, or portion of horizontal lineal feet, of the dewatering well system.

(d) There is no fee for decommissioning a water well.

(5) If drilling results in an unusable well (dry hole), there is no additional fee for a second attempt, provided:

(a) A subsequent attempt at constructing a new well is made immediately; and

(b) The unusable well(s) is properly decommissioned before drilling equipment leaves the well site.

(6) The department shall be notified of all attempts to construct a well. This notification will be provided on the notice of intent to decommission form and will be submitted within twenty-four hours of the decommissioning. A well report describing the decommissioning process will be submitted to the department in accordance with this chapter.

(7) A new notice of intent and fee shall be required on any follow-up reconstruction after the drilling equipment has left the drill site.

(8) A refund shall be made on any well that has not been constructed provided, a request is made by the person who paid the fee and is submitted to the department within twelve months from the date the notice and fee were received by the department. The refund request must be submitted in writing and a copy of the notice of intent receipt must accompany the request.

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NEW SECTION

WAC 173-160-161 How shall each water well be planned and constructed? Every well must be planned and constructed so that it is:

(1) Adapted to those geologic and ground water conditions known to exist at the well site to insure utilization of any natural protection available;

(2) Designed to facilitate the supplementary construction that may be required to provide a sufficient and safe water supply where obtainable and to conserve ground water;

(3) Capable of yielding, where obtainable, the quantity of water necessary to satisfy the requirements the user has stated are needed and for which the well water is intended to be used.

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NEW SECTION

WAC 173-160-171 What are the requirements for the location of the well site and access to the well? (1) The proposed water well shall be located on high ground that is not subject to flooding.

(2) It shall be protected from a one hundred year flood and from any surface or subsurface drainage capable of impairing the quality of the ground water supply.

(3) All wells shall not be located within certain minimum distances of known, suspected, or potential sources of contamination.

(a) Sources of contamination are defined in health's inventory entitled, "Inventory of Potential Contaminant Sources in Washington's Well head Protection Areas," dated April 1995 or as revised.

(b) Minimum set-back distances shall comply with local and state health regulations for group domestic water supply wells and/or other zoning requirements. For example: Wells shall be located at least fifty feet from septic tanks and tight lines, and at least one hundred from drain fields (including proposed drainfields which have been approved by a health authority), sewer lines, sewage or manure lagoons, pipelines carrying waste or contaminates or other known or suspected sources of contamination.

(c) Wells shall not be located within one thousand feet of the property boundary of any solid waste landfill.

(4) In siting a well, the driller shall consider:

(a) All local and state water well construction regulations, policies, and ordinances;

(b) Permeability of the soil or rock;

(c) Adjacent land uses;

(d) Local ground water conditions; and

(e) End use of the well.

(5) When a well is located in an area of known, proposed, or suspected contamination the water well casing and seal shall be impervious to the contaminants.

(6) When a water well is constructed adjacent to a building, it shall be located where the centerline of the well, extended vertically, will clear any projection from the building by at least five feet. Water wells shall not be located in garages or inhabited dwellings.

(7) After construction, the water well driller should strongly emphasize to the well owner, the importance of retaining good accessibility to the well to permit future inspection, maintenance, and decommissioning.

(8) All public water supply wells shall be sited by the department of health or the local health authority.

(a) Before construction begins, site approval must be obtained from the department of health, or the local health authority.

(b) The requirements of the state board of health regulation regarding public water supplies shall apply.

(c) This regulation includes but is not limited to requirements for zones of protection, location of the well, accessibility features, and certain construction requirements.

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NEW SECTION

WAC 173-160-181 What are the requirements for preserving the natural barriers to ground water movement between aquifers? (1) In constructing a water well, care shall be taken to preserve the natural barriers to ground water movement between aquifers.

(2) Care shall be taken to seal aquifers or strata penetrated during drilling operations which might impair water quality or result in cascading water.

(3) Water wells may not interconnect aquifers.

(4) All sealing must be permanent and prevent movement of surface, or ground water into the annular space or open hole.

(5) Sealing shall prevent the upward movement of artesian waters within the annular space around the well casing and prevent the contamination or wasting of ground water.

(6) Sealing shall prevent the movement of ground water either upward or downward from zones that were cased off.

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NEW SECTION

WAC 173-160-191 What are the design and construction requirements for completing wells? (1) You may complete wells with screens, perforated liners or pipe, or open bottom completion. The well driller or designer shall advise the owner or the owner's representative of the most appropriate method of completion.

(2) All well components must be of sufficient strength to withstand the forces to which they are subjected during and after construction.

(3) Water wells must be completed in a manner which prevents the production of sand, silt, or turbid water.

(4) Open bottom completion is appropriate where the withdrawn waters are free of sand, silt and turbidity.

(5) Perforated pipe completion is suitable for a coarse-grained, permeable aquifer where the withdrawn waters are free of sand, silt or turbidity.

(6) Perforations above the static water level are not permitted.

(7) In-place perforations with Star, Mills knife, or similar type perforators are acceptable,

(8) Perforated pipe liners, either saw-cut, torch-cut, mill-slotted, or punched are acceptable.

(9) The use of perforated casing for working casing as the hole is being drilled is prohibited except in those cases where the contractor can, through personal experience in the particular area of drilling, attest to the sufficiency of the preperforated casing in all respects for the specific well being constructed.

(10) Pipe liners may be of steel, plastic or other suitable corrosion-resistant material.

(11) All liners must be of sufficient strength to withstand all forces exerted upon the liner material during installation and operation.

(12) Liners may be used in a natural development or gravel-packed type construction.

(13) The installation of a liner without a gravel pack is prohibited when conditions exist that will result in turbid water.

(14) Well screens and well points must be constructed of compatible corrosion-resistant material.

(a) A neoprene, or grout seal shall be fitted to the top of the well screen assembly.

(b) The bottom of the well screen shall be plugged or capped.

(c) The use of lead packers is prohibited.

(15) The alignment of the permanent casing or liner shall be sufficiently plumb and straight to allow the installation of screens, liners, pumps, and pump columns without binding or having adverse affects on the operation of the installed pumping equipment.

(a) Alignment of the well casing or bore hole shall not deviate from an alignment that would allow a twenty foot test section of pipe to be inserted to the bottom of the well without binding.

(b) The diam