Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-11-065.

     Title of Rule and Other Identifying Information: Amendments to chapter 173-160 WAC, Minimum standards for construction and maintenance of water wells and chapter 173-162 WAC, Rules and regulations governing the regulations and licensing of well contractors and operators.

     Hearing Location(s): Big Bend Community College, 7662 Chanute Street N.E., Room 1870 A and B, Moses Lake, WA 98837, on September 26, 2006, at 7 p.m.; at the Department of Ecology Headquarters, 300 Desmond Drive, Auditorium, Lacey, WA 98503, on September 27, 2006, at 7 p.m.; and at the University Center in Everett Station, 3201 Smith Avenue, Room 315 (Student Lounge), Suite 200, Everett, WA 98201, on September 28, 2006, at 7 p.m.

     Date of Intended Adoption: November 21, 2006.

     Submit Written Comments to: Richard Szymarek, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-47600, e-mail rszy460@ecy.wa.gov, fax (360) 407-7162, by 5:00 p.m. on October 6, 2006.

     Assistance for Persons with Disabilities: Contact Judy Beitel by September 18, 2006, TTY (877) 833-6341 or (360) 407-6878.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ecology has been directed by the 2005 legislature to revise the existing well construction and licensing rules. Additionally, ecology has been meeting with the technical advisory committee since October 2002 to make other revisions that will make the rule easier to understand, improve organization and readability, address technical issues and other driller concerns, and enhance public health and welfare.

     Reasons Supporting Proposal: The reasons for the rule makings are: To respond to legislative requirements; to maintain consistency with the drilling statute; to remain current with changes in drilling technology; to respond to driller requests; and to clarify existing rules.

     Statutory Authority for Adoption: Chapter 18.104 RCW, Water Well Construction Act (1971).

     Statute Being Implemented: Chapter 18.104 RCW, Water Well Construction Act (1971).

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

     Name of Proponent: Department of ecology, governmental.

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

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     EXECUTIVE SUMMARY: When proposing a new administrative rule for consideration, the Washington state department of ecology (ecology) is required by RCW 19.85.030 to determine whether the rule will impose a disproportionate impact on small business. This document fulfills this requirement for the proposed amendments of chapter 173-160 WAC, Minimum 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.

     The proposed rule amendments can be expected to affect well contractors and operators, landowners, and commerce. This small business economic impact analysis quantifies the rules' impact on both small and large businesses, and concludes that there is a disproportionate impact on small businesses. Compliance with these rules is not expected to lose sales or revenue for businesses.

     1. BACKGROUND: The purpose of the rule proposal is to amend two existing regulations pertaining to well construction standards and 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 public health, safety, and welfare as well as to protect the ground water resource. The licensing rule (chapter 173-162 WAC) provides for the administration of the licensing of Washington state well drillers.

     The changes to the standards for well construction and driller licensing are required by legislative mandate (chapter 18.104 RCW). The proposed rule changes are to maintain consistency with the drilling statute and to remain current with changes in drilling industry and technology advances. Most amendments to the rules were driven by driller request and the need to clarify the existing rules.

     Changes to the "standards for well construction" involve changes to the definition section; expansion of some of the technical areas; statutory changes in drilling fees; and improvement to the organization of certain sections. With the exception of licensing fees, changes to the licensing regulations are all required by statute. They include the development of rules to conduct an annual review of those counties that have delegated authority to inspect wells; development of a retirement license; and clarification and improvement to the current continuing education program. Ecology is also proposing a raise in licensing renewal fees from $20 every two years to $75 every two years. New applications for licenses will increase from $25 to $75.

     The proposed rule amendments include:

     1. Clarifying operator standards and well drilling rule language to make chapter 173-160 WAC consistent with operating standards of the industry and definitions consistent with industry terminology;

     2. Revising the standards for construction and maintenance of wells to make chapter 173-160 WAC consistent with legislative mandates for fees and services; and

     3. Resetting the application fees for the regulation and licensing of well contractors and operators.

     As required by RCW 19.85.030, ecology is developing and issuing this small business economic impact statement (SBEIS) as part of this rule adoption process. The objective of this SBEIS is to identify and evaluate the various requirements and costs that the proposed rule amendments might impose on business. In particular, the SBEIS examines whether the costs on business that might be imposed by the proposed rule amendments impose a disproportionate impact on the state's small businesses. This is consistent with the legislative purpose of the Regulatory Fairness Act (chapter 19.85 RCW) and is set out in RCW 19.85.011:

     "The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state's small businesses because of the size of those businesses. This disproportionate impact reduces competition, innovation, employment and new employment opportunities, and threatens the very existence of some small businesses."

     The specific purpose and required contents of the SBEIS is contained in RCW 19.85.040.

     (1) A small business economic impact statement must include a brief description of the reporting, record keeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements. It shall analyze the costs of compliance for businesses required to comply with the proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, and increased administrative costs. It shall consider, based on input received, whether compliance with the rule will cause businesses to lose sales or revenue. To determine whether the proposed rule will have a disproportionate impact on small businesses, the impact statement must compare the cost of compliance for small business with the cost of compliance for the ten percent of businesses that are the largest businesses required to comply with the proposed rules using one or more of the following as a basis for comparing costs:

     (a) Cost per employee;

     (b) Cost per hour of labor; or

     (c) Cost per one hundred dollars of sales.

     (2) A small business economic impact statement must also include:

     (a) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(3), or reasonable justification for not doing so, addressing the options listed in RCW 19.85.030(3);

     (b) A description of how the agency will involve small businesses in the development of the rule; and

     (c) A list of industries that will be required to comply with the rule. However, this subsection (2)(c) shall not be construed to preclude application of the rule to any business or industry to which it would otherwise apply.

     For purposes of an SBEIS, the terms "small business," and "industry" are defined by RCW 19.85.020. "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees. "Industry" means all of the businesses in this state in any one four-digit standard industrial classification as published by the United States Department of Commerce.

     The proposed water well drilling rule amendments developed by ecology as part of this rule-making process will be evaluated in the following sections of this document. Specifically, the following sections contain the information required by the Regulatory Fairness Act, chapter 19.85 RCW.

     2. ANALYSIS OF COMPLIANCE COSTS FOR WASHINGTON BUSINESSES: The SBEIS is intended to analyze the difference between the situation "without the proposed rule amendments" and the expected situation "with the proposed rule amendments." In order to accomplish this comparison, a baseline scenario, which describes the current situation, must be defined. The baseline used in this analysis is the current situation under state regulations.

     In the proposed rule amendments, some changes originated from legislative mandates, some are clarifications of the existing rule with no real change, and some simply redefine or include new industry terminology. These amendments make no real change from the baseline and will not have cost impacts on those required to comply. These clarifying changes are not analyzed in this SBEIS. This analysis will analyze the changes from the baseline that would result in additional costs. The primary costs include the new requirements for the operation and maintenance of wells, and the fee application structure for well contractors and operators. Compliance with these rules is not expected to lose sales or revenue for businesses.

     2.0 Costs to construction and maintenance of wells.

     WAC 173-160-191(16), design and construction requirements for completing wells. For wells completed in an unconsolidated formation in which the bore hole extends beyond the casing or screen, the driller must backfill that portion of the bore hole that extends more than ten feet beyond the casing or screen. The backfill shall consist of either bentonite or chlorinated sand or pea gravel. If any portion of the bore hole extension penetrates a clay layer which is greater than six feet in thickness, that portion of the bore hole shall be sealed with bentonite. Although there may be some minor costs, compared to previous rule language, there is no way for ecology to determine how many wells this could affect as it has always been common practice to drill past the end of the casing in search of additional flow. This is currently a standard practice in the industry and will not be analyzed from old rule language.

     WAC 173-160-381(2) and 173-160-381(4), standards for decommissioning a well. Defining the correct procedure for decommissioning and sealing wells will have additional costs. Ecology estimates two hundred to three hundred wells annually will need to be decommissioned in Washington state. The well program estimates costs of decommissioning a well by backfilling instead of perforating at $2,000 per well¹. A lower range of one hundred fifty to two hundred fifty wells could be decommissioned under the new guidelines. Cost estimates to landowners would be $300,000 to $500,000 annually.

     2.1 Costs of licensing for well contractors and operators.

     WAC 173-162-060, licensing fees. Application fees will be increased from $25 to $75 for each category of license (water and resource protection) and renewals will increase from $20 to $75. Well licenses are good for two years. The primary costs associated with this rule amendment are the increase in fees for licensing of well contractors and operators. Two additional licenses are proposed. The "Inactive" license and the "Retirement" license will also have a $75 application fee.

License	Old Fee	Proposed Fee	Estimated Annual # licenses	Estimated NET Costs
Water Well Operator (Training)	$25	$75	30	$1,500
Water Well Operator (New)	$25	$75	30	$1,500
Water Well Operator (Renewal)	$20	$75	240	$13,200
Resource Protection Well Operator (Training)	$25	$75	30	$1,500
Resource Protection Well Operator (New)	$25	$75	30	$1,500
Resource Protection Well Operator (Renewal)	$20	$75	200	$11,000
Conditional			1
Inactive		$75	2	$150
Retirement		$75	2	N/A2
TOTAL 2 YEAR NET COSTS				$30,350
TOTAL ANNUAL NET COSTS				$15,175

     WAC 173-162-085, continuing education. Under the proposed rule the department of ecology will no longer be a continuing education provider. An estimated five hundred sixty well drillers annually received their necessary continuing education units (CEUs) from ecology at a rate of $25 per the required seven CEUs. Continuing education will now be available from other providers. One of the primary provider's costs ranges from $75 to $125 for the annual CEU credits. An estimated $28,000 to $56,000 additional continuing education expenses would be shifted to well drillers of Washington state.

     2.2 Other impacts to standards for construction and maintenance of wells.

     There will be other impacts as a result of this rule making to chapter 173-160 WAC. Under WAC 173-160-040(2), drillers working in counties with delegated authority to inspect wells will be required to check with the county environmental health section for inspection requirements. They will be required to obey all county notification and reporting requirements. This will have a minor impact on drillers that is below the threshold for quantification.

     WAC 173-160-171 (3)(b)(vi) states that wells shall not be located within certain minimum distances from known or potential sources of contamination including within one thousand feet from the boundary of a permitted or previously permitted solid waste landfill as defined by the permit or one thousand feet from the property boundary of other solid waste landfills, except ecology may grant a variance under certain circumstances. This will have a minor impact on drillers who may not be able to avoid the setback distance and are forced to ask for a variance. The number of these occurrences cannot be determined.

     2.3 Other impacts to the regulation and licensing of well contractors and operators.

     There will be other impacts as a result of this rule making to chapter 173-162 WAC. Under WAC 173-162-085, drillers are required to obtain fourteen CEUs every two years to maintain their drilling licenses. Ecology will no longer be a provider of CEUs, therefore, drillers will have to obtain them from other sources³. The cost to the drillers for this cannot be determined.

     Under WAC 173-162-095 (3)(b), drillers will need to notify ecology at least twenty-four hours prior to their scheduled exam date if they cannot meet that date. If they fail to reschedule their exam within thirty days of the initial exam date, they will forfeit their application and fee. This will have an impact on those drillers that do not meet this requirement. It is unknown how many drillers will fall into this category. Ecology assumes all applicants will reschedule within thirty days.

     3. QUANTIFICATION OF COSTS AND RATIOS: The largest cost generated by the proposed rule amendments is the cost of the well decommissioning, well driller licensing fees, and continuing education, although there may be some other minor costs.

     In this SBEIS, the names of businesses are taken from employment security's database for SIC code 1780 (water well drilling), and then are matched to this database to find out the corresponding employee numbers and number of firms. For an average small business that drills wells, its average number of employees is 2.6. For an average top 10% business that has an employed well driller, its average number of employees is 29.5. Total cost to all drillers ranges from $343,000 to $571,000. There are two hundred twenty-three active firms in the employment security database giving total cost between $1,538 and $2,561 per firm.

     The cost per employee ratio for small business is from $591 to $985 per employee, and is from $52 to $87 per employee for the top 10% of the largest businesses. These numbers demonstrate that the proposed rule amendments have a disproportionate impact on small business⁴.

     4. ACTIONS TAKEN TO REDUCE THE IMPACT OF THE RULE ON SMALL BUSINESS: This SBEIS concludes that the proposed rule amendments will disproportionately impact small business. It is not expected that any business will lose sales or revenue. RCW 19.85.030(2) requires:

     Based upon the extent of disproportionate impact on small business identified in the statement prepared under RCW 19.85.040, the agency shall, where legal and feasible in meeting the stated objectives of the statutes upon which the rule is based, reduce the costs imposed by the rule on small businesses.

     (a) Reducing, modifying, or eliminating substantive regulatory requirements;

     Ecology has deleted or modified certain sections of chapters 173-160 and 173-162 WAC which will offset the burden to small businesses. Sections deleted include WAC 173-160-201(9) and 173-162-050 (2)(a)(ii).

     (b) Simplifying, reducing, or eliminating record-keeping and reporting requirements;

     Ecology has not offset the record-keeping and reporting requirements. Small businesses currently have all record-keeping and reporting processes in place. There is no mitigation of these at this time.

     (c) Reducing the frequency of inspections;

     Ecology has not offset the frequency of inspections for small businesses. The Well Drillers Association, an organization on the technical advisory committee (TAG) that assisted ecology in this rule making, wanted inspections to be increased.

     (d) Delaying compliance timetables;

     Ecology has not offset delaying compliance timetables. The Well Drillers Association as members of the TAG wanted inspections to be increased and therefore, timetables will not be delayed to satisfy their request.

     (e) Reducing or modifying fine schedules for noncompliance;

     Ecology has not offset reducing or modifying fine schedules for noncompliance. Fines are set by statute in chapter 18.104 RCW and cannot be reduced or mitigated through rule.

     (f) Any other mitigation techniques.

     Ecology did not include any other mitigation techniques.

     5. THE INVOLVEMENT OF SMALL BUSINESS IN THE DEVELOPMENT OF THE PROPOSED RULE AMENDMENTS: As mandated by statute, the program has utilized the TAG which was established by the 1993 legislature to assist in the development of these rules. This group consists of six licensed drillers, two health staff, two ecology staff, one engineer, and one hydrogeologist. The TAG is chaired by ecology. This group started their work in 2002. Since then, a series of continuing education workshops have been conducted to get driller input on potential rule changes. Further involvement included public workshops and mailings.

     6. THE SIC CODES OF IMPACTED INDUSTRIES: Ecology concludes that the businesses associated with the SIC code 1780 and 1781 will be impacted from the proposed rule amendments.

¹ Dick Szymarek, Well drilling lead, department of ecology.

² Not analyzed. Not required, gives no well drilling privileges.

³ Washington State Groundwater Association, etc.

⁴ Cost calculations do not separate costs passed on to consumers. All costs of the rule are assumed to be business.

     A copy of the statement may be obtained by contacting Richard Szymarek, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6648, fax (360) 407-7162, e-mail rszy461@ecy.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Richard Szymarek, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6648, fax (360) 407-7162, e-mail rszy461@ecy.wa.gov.

August 21, 2006

Polly Zehm

Deputy Director

OTS-9082.2

AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-010   What is the purpose of this regulation?   (1) These regulations are adopted under chapter 18.104 RCW, to establish minimum standards for the construction and decommissioning of all wells in the state of Washington.

     (2) The following are excluded from these regulations:

     (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, ground source heat pump borings, grounding wells, and geotechnical soil borings.

     (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.

Exception:

Injection wells used to withdraw ground water and remediation wells that are used to inject any substance to remediate, clean up, or control potential or actual contamination may be regulated by chapters 173-218 and 173-160 WAC.

     (d) Infiltration or exfiltration galleries, trenches, ponds, pits, and sumps, except where the department determines that the intended use of the excavation meets a definition in RCW 18.104.020.

     (e) Grounding wells and grounding rods that are installed to a depth of twenty-five feet or less.

     (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 and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-010, filed 3/23/98, effective 4/23/98. 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.]

     (2) Well contractors shall be familiar with all state and local well construction requirements, and existing and approved site plans, to include septic permits, for their job sites prior to initiating construction. Drillers working in counties that have delegated authority to inspect wells shall check with the county environmental health section for inspection requirements. Drillers are required to obey all county notification and reporting requirements.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-040, filed 3/23/98, effective 4/23/98. 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.]

     The department will summarize the reviews into an annual report. The report will be completed no later than April 1 of each year. The completed report will be available to the public upon request and posted on the department's web site.

[]

     (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, or potential source of contamination. Examples of sources, or potential sources of contamination are found in the well siting section, WAC 173-160-171.

     (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.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-101, filed 3/23/98, effective 4/23/98.]

     (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) At the department's discretion, the proponent may be required to provide additional technical information justifying the variance.

     (4) 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))) (5) 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))) (6) 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 and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-106, filed 3/23/98, effective 4/23/98.]

     (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. An access port also means a removable cap.

     (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 liner, perforated pipe, or 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) "Building drain" means that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning two feet outside the building wall.

     (10) "Building sewer" means that part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system, or other point of disposal.

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

     (((10))) (12) "Casing" is a pipe, generally made of metal or plastic, which is installed in the bore hole as part of the drilling process to maintain the opening. Casing may be utilized in either consolidated or unconsolidated formations and must meet the requirements of WAC 173-160-201.

     (((11))) (13) "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))) (14) "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; or

     (d) Installing an environmental investigation well.

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

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

     (((14))) (16) "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))) (17) "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 aquifer(s).

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

     (((17))) (19) "Design pumping rate" means the maximum pumping rate as determined by the well driller, without exceeding the department's policy on sand and turbidity.

     (20) "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))) (21) "Director" means director of the department of ecology.

     (((19))) (22) "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))) (23) "Domestic water supply" is any water supply which serves a family residence(s).

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

     (((22))) (25) "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))) (26) "Drilling log" means a water or resource protection well report.

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

     (((24))) (28) "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))) (29) "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 liner, perforated pipe, or well screen to prevent formation material from entering the well.

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

     (((27))) (31) "Ground source heat pump boring" means a vertical boring constructed for the purpose of installing a closed loop heat exchange system for a ground source heat pump.

     (32) "Ground water" means and includes ground waters as defined in RCW ((90.40.035)) 90.44.035.

     (((28))) (33) "Grounding well" means a grounding electrode installed in the earth by the use of drilling equipment to prevent buildup of voltages that may result in undue hazards to persons or equipment. Examples are anode and cathode protection wells.

     (34) "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))) (35) "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))) (36) "Liner" means ((any device)) a pipe inserted into a larger casing, ((screen,)) or bore hole, after the drilling process has occurred, as a means of maintaining the structural integrity of the well. Liners may only be used in consolidated formations and must meet the requirements of WAC 173-160-201.

     (((31))) (37) "Maximum pumping rate" means the maximum pumping rate, as determined by the well driller, without exceeding the department's policy on sand and turbidity.

     (38) "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.

     (39) "Owner" or "well owner" means the person, firm, partnership, copartnership, corporation, association, other entity, or any combination of these, who owns the property on which the well is or will be constructed or has the right to the well by means of an easement, covenant, or other enforceable legal instrument for the purpose of benefiting from the well.

     (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.

     (((32))) (41) "Pollution" has the meaning provided in RCW 90.48.020.

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

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

     (((35))) (44) "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 and a system with four or fewer connections, all of which serve residences on the same farm.

     (((36))) (45) "PVC" means polyvinyl chloride, a type of thermoplastic casing or liner.

     (((37))) (46) "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 affected by withdrawal of ground water.

     (((38))) (47) "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)) an annular space for later placement of the surface seal as described in WAC 173-160-275, 173-160-285, 173-160-305, and 173-160-315. The temporary surface casing shall be removed before well completion.

     (((39))) (48) "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. A water right permit, preliminary permit, or temporary permit shall be obtained prior to constructing a test well unless the anticipated use of water is exempt as provided in RCW 90.44.050. A "test well" is a type of "water well."

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

     (((41))) (50) "Turbidity" means the clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter.

     (((42))) (51) "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.

     (((43))) (52) "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)). Water wells include ground source heat pump borings and grounding wells.

     (((44))) (53) "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.

     (((45))) (54) "Water well report" means a document that describes how a water well, ground source heat pump, or grounding well was constructed or decommissioned and identifies components per the requirements of WAC 173-160-141.

     (55) "Well alteration(s)" include(s): Deepening, hydrofracturing or other operations intended to increase well yields, or change the characteristics of the well. Well alteration does not include general maintenance, cleaning, sanitation, and pump replacement.

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

     (((47))) (57) "Well contractor" means a resource protection well contractor and water well contractor licensed and bonded under chapter 18.27 RCW.

     (58) "Well driller(s)" or "driller(s)" is synonymous with "operator(s)."

     (((48))) (59) "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.

     (60) "Well screen" means a device, usually made of plastic or metal that is capable of preventing unconsolidated or poorly consolidated geologic material from entering the well. The size of the material which is prevented from entering the well is predetermined and controlled by the screen opening or slot size of the screen. A well screen may include a riser pipe.

[Statutory Authority: Chapter 18.104 RCW. 98-18-104 (Order 98-17), § 173-160-111, filed 9/2/98, effective 10/3/98. Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-111, filed 3/23/98, effective 4/23/98.]

     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 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-141   What are the requirements regarding water well reports?   (1) Anyone who constructs or decommissions a well is required to submit a complete report on the construction, alteration, or decommissioning of the well to the ((department)) water resources program within thirty days after completion of a well, or after the drilling equipment has left the site. Submission of well report to consulting firms does not meet the well contractor's obligation of this section.

     (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 must include, at least, the following information:

     (a) Owner name; operator/trainee name; operator/trainee license number; contractor 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) Seal material, seal location and type of placement used;

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

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

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

     (q) The tested capacity of each well in gallons per minute, and the test duration and draw down of the water level at the end of the capacity test;

     (r) Recovery data;

     (s) For each nonflowing well, the depth to the static water level, as measured below the land surface;

     (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) Water right permit or certificate number for all wells that are not exempt under RCW 90.44.050; and

     (v) 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, exempted under RCW 18.104.180(2), the report shall show the license number and signature of the licensed operator 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 operator.

     (4) If a well report is missing, a new report may be generated. This report shall contain 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. Submittal of this report does not relieve the person who constructed the well of their obligation to submit a complete well report under subsection (1) of this section.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-141, filed 3/23/98, effective 4/23/98.]

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

     (a) Well owner 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, the permit or certificate shall be attached to the notice of intent);

     (d) Approximate start and completion dates;

     (e) Contractor registration number;

     (f) Operator/trainee name and license number; and

     (g) Drilling company 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)) notice of intent 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 or altered 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)) two hundred dollars. This fee does not apply to a ground source heat pump boring or a grounding well.

     (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)) three hundred dollars.

     (c) The fee for a ground source heat pump boring or a grounding well is forty dollars for construction of up to four ground source heat pump borings or grounding wells per project and ten dollars for each additional ground source heat pump boring or grounding well constructed on a project with more than four wells.

     (d) The combined fee for construction and decommissioning of a dewatering 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)) (e) The fee to decommission a water well is fifty dollars.

     (f) The fee to decommission a ground source heat pump boring or a grounding well is twenty dollars.

     (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; and

     (c) The department is notified of all decommissionings; and

     (d) A well report describing the decommissioning process is submitted to the department in accordance with this chapter.

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

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

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-151, filed 3/23/98, effective 4/23/98.]

     (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) Not a conduit for contaminating the ground water or surface water nor a means of wasting 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.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-161, filed 3/23/98, effective 4/23/98.]

     (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 or potential sources of contamination.

     (a) Some examples of sources or potential sources of contamination include:

     (i) 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;

     (ii) Manure, sewage, and industrial lagoons;

     (iii) Landfills;

     (iv) Hazardous waste sites;

     (v) Sea((-))/salt water intrusion areas;

     (vi) Chemical and petroleum storage areas;

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

     (viii) Livestock barns and livestock feed lots.

     (b) Minimum set-back distances for water wells other than for public water supply are:

     (i) Five feet from any existing building structure, building projection, or building drain. Water wells shall not be located in garages, barns, storage buildings or ((inhabited)) dwellings.

     (ii) Fifty feet from a septic tank, septic holding tank, septic containment vessel, septic pump chamber, and septic distribution box.

     (iii) Fifty feet from building sewers, public sewers, collection and nonperforated sewer distribution lines except building drains.

     (iv) One hundred feet from the edge of a drainfield, proposed drainfield which has been approved by a health authority, and reserve drainfield areas.

     (v) One hundred feet from all other sources or potential sources of contamination except for solid waste landfills.

     (vi) One thousand feet from the ((property)) boundary of a permitted or previously permitted (under chapter 173-304, 173-306, 173-351, or 173-350 WAC) solid waste landfill as defined by the permit; or one thousand feet from the property boundary of other solid waste landfills. Except, a variance may be granted if documentation is provided that demonstrates the construction and operation of the well adjacent to the landfill will not further degrade the environment and will not cause a public health risk.

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

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

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

     (iii) This regulation includes requirements for zones of protection, location of the well, accessibility features, and certain construction requirements.

     (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 or potential contamination, the water well casing and seal shall be impervious to the contaminants.

     (6))) Before construction, the water well operator should strongly emphasize to the well owner, the importance of retaining good accessibility to the well to permit future inspection, maintenance, supplementary construction, and decommissioning.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-171, filed 3/23/98, effective 4/23/98.]

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

     (3) Water wells must be completed in a manner which prevents the production of untreatable amounts of sand, silt, or turbid water which would render the well unusable.

     (4) Open bottom completion is appropriate where the withdrawn waters are essentially 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 pre-perforated 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 normal forces exerted upon the liner material during installation and operation.

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

     (13) The installation of a liner without a gravel pack is prohibited when conditions exist that will result in excessively 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, if necessary.

     (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 bore hole, 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 diameter of the test section of pipe shall be per Table 1 in WAC 173-160-201.

     (c) For testing alignment in casing reductions, each section shall be tested separately.

     (16) For wells completed in an unconsolidated formation in which the bore hole extends beyond the completed casing or screen depth, the driller must backfill that portion of the bore hole that extends more than ten feet beyond the casing or screen. The backfill shall consist of either bentonite or chlorinated sand or pea gravel. If any portion of the bore hole extension penetrates a clay layer which is greater than six feet in thickness, that portion of the bore hole shall be sealed with bentonite. A notice of intent to decommission a water well is not required for this work.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-191, filed 3/23/98, effective 4/23/98.]

     (2) The casing shall withstand normal forces which act upon it during and after installation. It shall be resistant to the corrosive effects of the surrounding formations, earth, and water and shall be impervious to any contaminants encountered.

     (3) All plastic casing ((for use)) or liner pipe used in potable water supply wells must be manufactured to conform to National Sanitation Foundation (NSF) Standard 14-84, or the most recent revision.

     (4) Unless prior approval is obtained from the department, ((materials for)) well casings and liner pipes must be made of either steel ((casing as shown in Table 1)) or plastic ((casing as shown in Table 2)).

     (5) Liner pipe must be of sufficient strength to withstand breakage or collapse when the well is pumped and meet ASTM potable water standards.

     (6) When installed, liner pipe shall extend or telescope at least two feet into the lower end of the well casing. If more than one string of liner pipe is installed, each string shall extend or telescope at least eight feet into the adjacent larger diameter liner pipe.

     (7) Liner pipe may not be permanently fixed to a well casing below land surface.

     (8) Minimum specifications for steel casing and steel liner pipe for water wells are shown in Table 1.

     (((6))) (9) Minimum specifications for plastic casing and plastic liner pipe for water wells are shown in Table 2.

     (10) Steel casing larger than twenty inches shall have a minimum wall thickness of 0.375 inches.

TABLE 1
Minimum Specifications for Steel Casing and Steel Liner Pipe

TABLE 2
Minimum Specifications for Plastic Casing and Plastic Liner Pipe

     (((7))) (11) All steel casing ((materials)) and steel liner must be new or, in like new condition, and be structurally sound.

     (a) Casing or liner that has been exposed to a contaminant shall not be used in well construction unless the contamination can be entirely removed.

     (b) When casing or liner lengths are joined together, they must be connected by watertight weld or screw coupled joints.

     (i) Welded joints must be at least as thick as the wall thickness of the well casing and be fully penetrating.

     (ii) All steel well casing or liner shall meet or exceed the minimum American Society for Testing and Materials (ASTM) A-53 A or B specification for steel pipe.

     (((8))) (12) Plastic, fiberglass, PVC, SR, ABS, CPVC or other type of nonmetallic well casing or liner must be manufactured and installed to conform with ANSI/ASTM F 480-81, ((Standard Dimension Ratio (SDR) 21)) or the most recent revision.

     (a) SDR is calculated by dividing the outside diameter of the pipe by the wall thickness.

     (b) SDR 21 is the minimum requirement (Class 200); higher pressure rated pipe may be used.

     (c) All plastic casing must be installed only in an oversized drill hole without driving. The oversized hole must be a diameter of at least 4 inches larger than the outside diameter of the plastic casing or coupling hubs, whichever is larger. Plastic casing and liner must be of sufficient strength to withstand breakage or collapse when installed and while the well is pumped. Plastic casing and liner must meet ASTM potable water standards.

     (d) All plastic casing or liner must be new or, in like new condition and clearly marked by the manufacturer showing nominal size, class, type of plastic material, SDR, ASTM designation, and have a National Sanitation Foundation (NSF) seal of approval for use in potable water supplies.

     (e) Casing or liner that has been exposed to a contaminant shall not be used in well construction unless the ((construction can be)) contaminant is entirely removed.

     (f) Plastic casing or liner joints must be watertight.

     (i) Either "bell" type, threaded joints, or coupling hubs are approved.

     (ii) Hub couplings must be of materials meeting the specifications for plastic casings as stipulated in subsection (2) of this section.

     (iii) If joints are secured with solvent cement, it must be done in accordance with manufacturer's directions.

     (((g) Table 2 is the manufacturer's recommendations for specifications of plastic casing.

TABLE 2
Minimum Specifications for Plastic Casing

     (9) Liner pipe must consist of steel, in new or like new condition, free of pits or breaks; or polyvinyl chloride (PVC), CPVC, type 1120, with SDR 21 (Class 200) or greater wall thickness. All PVC must be clearly marked to identify the type, class, and SDR.

     (a) Liner pipe must be of sufficient strength to withstand breakage or collapse when the well is pumped and meet ASTM potable water standards.

     (b) When installed, liner pipe shall extend or telescope at least two feet into the lower end of the well casing. If more than one string of liner pipe is installed, each string shall extend or telescope at least eight feet into the adjacent larger diameter liner pipe.

     (c) Liner pipe may not be permanently fixed to a well casing below land surface.))

     (((10))) (13) The concrete used to make curbing must consist of clean, hard and durable aggregate with not less than five sacks (ninety-four pounds per sack) of portland cement per cubic yard of concrete.

     (a) The maximum diameter of aggregate particles may not exceed 1 1/2 inches, but in any case may not exceed 1/5 the minimum width of the casing thickness.

     (b) The ratio of coarse aggregate to fine aggregate (passing No. 4 U.S. Standard Sieve) must be approximately 1 1/2 to 1 by volume, but in any case, may not exceed 2 to 1 nor be less than 1 to 2.

     (((11))) (14) The curbing shall be at least six inches thick and free of voids. The walls shall be poured in one continuous operation.

     (((12))) (15) When concrete tile is used to line a well, the combined total wall thickness and seal shall be a minimum of six inches.

[Statutory Authority: Chapter 18.104 RCW. 98-18-104 (Order 98-17), § 173-160-201, filed 9/2/98, effective 10/3/98. Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-201, filed 3/23/98, effective 4/23/98.]

     (a) Bentonite used to prepare slurries for sealing, or decommissioning shall be specifically designed for this purpose. At no time shall grout slurry contain materials that are toxic, polluting, develop odor or color changes, or serve as a micro-bacterial nutrient. All bentonite slurries shall be prepared and installed according to the manufacturer's instructions. All additives must be certified by a recognized certification authority such as NSF. Active solids content (bentonite) shall be twenty percent by weight or greater in all bentonite slurries. The active solids shall be checked by using the following formula:

Weight of bentonite (lbs.) X 100= % solids

Weight of bentonite (lbs.)+ (gallons of water x 8.33 lbs./gal)

Example: 105 lbs. of bentonite X 100= 20% solids

     105 lbs. bentonite+ (50 gallons of water x 8.33 lbs./gal)

     (b) Unhydrated bentonite--pelletized, granulated, powder, or chip bentonite may be used in the construction of seals or in decommissioning of wells. The bentonite material shall be specifically designed for sealing or decommissioning and be within the industry tolerances for dry western sodium bentonite. Polymer additives must be designed and manufactured to meet industry standards to be nondegrading and must not act as a medium which will promote growth of micro-organisms. All unhydrated bentonite used for sealing or decommissioning must be free of organic polymers. Placement of bentonite shall conform to the manufacturer's specifications and result in a seal free of voids or bridges.

     (2) Cement sealants:

     (a) Neat cement consists of either portland cement types I, II, III, or high-alumina cement mixed with not more than six gallons of potable water per sack of cement (ninety-four pounds per sack).

     (b) Neat cement grout consists of neat cement with up to five percent bentonite clay added, by dry weight of the bentonite. Bentonite is added to improve flow qualities and compensate for shrinkage.

     (c) Concrete sealants consist of clean, hard and durable aggregate with not less than five sacks (ninety-four pounds per sack) of portland cement per cubic yard of concrete sealant and water.

     (i) The maximum diameter of aggregate particles may not exceed 1 1/2 inches, but in any case may not exceed 1/5 the minimum width of the casing thickness.

     (ii) The ratio of coarse aggregate to fine aggregate (passing No. 4 U.S. Standard Sieve) must be approximately 1 1/2 to 1 by volume, but in any case, may not exceed 2 to 1 nor be less than 1 to 2.

     (iii) The quantity of water used for each batch of cement sealant shall not exceed manufacturer's recommendation.

     (d) Expanding agents, such as aluminum powder, may be used at a rate not exceeding 0.075 ounce (1 level teaspoon) per sack (ninety-four pounds per sack) of dry cement. The powder may not contain polishing agents. High-alumina cement and portland cement of any type must not be mixed together.

     (e) Controlled density fill (CDF) or fly ash shall not be used in any well construction or decommissioning.

     (f) All cement sealants shall be mechanically mixed prior to placing in the well or bore hole.

     (3) Sealing methods:

     (a) When neat cement or neat cement grout is used in sealing, it shall be placed seventy-two hours before additional drilling takes place, unless special additives are mixed with the neat cement or neat cement grout that cause it to set in a shorter period of time.

     (b) All hydrated sealing materials shall be placed by tremmying the mixture from the bottom of the annular space to the surface in one continuous operation.

     (4) This section may not preclude the use of new sealant materials which have been approved by the technical advisory group.

     (5) Sealing materials shall be impervious to any contaminants encountered.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-221, filed 3/23/98, effective 4/23/98.]

     (a) The seal shall be constructed to prevent surface contaminants from reaching the ground water.

     (b) The surface seal must have a minimum diameter of four inches larger than the nominal size of the surface casing, to include the outside diameter of the bell, in bell and hub couplings.

     (c) The surface seal must extend from land surface to a minimum depth of eighteen feet. Except, when the minimum surface seal requirements for driven, jetted, dewatering and some dug wells are less than eighteen feet. See the appropriate section for these wells for a detailed description of their sealing requirements.

     (2) Sealing material must be placed in an open annular space that is a minimum of four inches greater in diameter than the nominal size of the permanent casing.

     (3) The completed surface seal must fully surround the permanent casing, must be evenly distributed, free of voids, and extend to undisturbed or recompacted soil.

     (4) After the permanent casing has been set in final position, the annular space shall be filled to land surface with bentonite or neat cement grout or neat cement. Leaving voids for future installation of equipment such as a pitless adapter is prohibited.

     (5) A temporary surface casing with a minimum length of eighteen feet and a minimum nominal diameter of four inches greater than the permanent casing shall be used in all unconsolidated formations such as in gravels, sands, or other unstable conditions when the use of drilling fluid or other means of keeping the bore hole open are not employed. Except driven and jetted wells shall utilize a temporary surface casing with a minimum length of six feet and a minimum nominal diameter of four inches greater than the permanent casing shall be used in all unconsolidated formations such as in gravels, sands, or other unstable conditions when the use of drilling fluid or other means of keeping the bore hole open are not employed.

     (6) Whenever reconstruction involves permanent surface casing movement; or the existing surface seal is damaged; or a surface seal never existed; the driller shall repair, replace, or install a minimum of eighteen feet of surface seal around the permanent casing.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-231, filed 3/23/98, effective 4/23/98.]

     (2) Unconsolidated formation sealing - With significant clay beds or other significant confining formations - Drilled wells that penetrate an aquifer overlain by clay or other confining formations that are at least six feet thick, shall be sealed to prevent movement of water or contamination in the annular space between the permanent casing and the clay or other confining formation(s). One of the following methods shall be used to seal the annular space:

     (a) A drill hole at least four inches greater in diameter than the nominal size of the permanent well casing shall extend from the land surface into the clay bed or other confining formation located directly above the aquifer to be developed. The annular space shall be filled with bentonite (slurry or unhydrated), neat cement grout, or neat cement to form a watertight seal between the permanent casing and all significant confining formations encountered during drilling. If bentonite slurry, neat cement grout, or neat cement is used to seal the annular space it must be placed by either pumping or tremmying the seal material from the lowest clay bed or other confining formation of significance encountered, to land surface. The drill hole shall be kept open through the use of a temporary casing or any other drilling method that stabilizes the bore hole wall. See Figure 1.

     (b) An upper drill hole at least four inches greater in diameter than the nominal size of the permanent well casing shall extend to a minimum of eighteen feet from land surface. A temporary casing or other means of maintaining an open bore hole shall be utilized. All temporary casing will have an outside diameter of a minimum of four inches larger than the permanent casing (for example, a ten-inch temporary casing for a six-inch permanent casing). The upper drill hole shall always contain a minimum of nine feet of sealant throughout the advancement of the permanent casing. Except, if the temporary casing is removed or not utilized, the upper drill hole shall be kept full of sealant. See Figure 1.

     (3) Consolidated formations - In drilled wells that penetrate an aquifer, either within or overlain by a consolidated formation, sealing of the casing shall conform with one of the following procedures.

     (a) Procedure one - An upper drill hole at least four inches greater in diameter than the nominal size of the permanent well casing shall extend from land surface into a sound, unfractured, consolidated formation. An unperforated permanent casing shall be installed to extend to this same depth, and the lower part of the casing shall be driven ((and sealed)) into the consolidated formation ((to establish)) and sealed in a manner that establishes a watertight seal between the formation and the casing. The remainder of the annular space to land surface shall be filled with neat cement grout, neat cement, or bentonite.

     (i) If the consolidated formation is encountered at a depth less than eighteen feet from land surface, the upper drill hole and permanent casing shall extend to a minimum of eighteen feet from land surface. See Figure 2.

     (ii) If neat cement grout, neat cement, or bentonite slurry is placed by pumping to seal the entire annulus from the bottom up to land surface, the upper drill hole may be a minimum of two inches larger than the outside diameter of the permanent casing.

     (b) Procedure two - An upper drill hole at least four inches greater in diameter than the nominal size of the permanent casing extends from land surface to a depth of at least eighteen feet. An unperforated permanent casing shall be driven into the consolidated formation and sealed in a manner that establishes a watertight seal between the formation and the casing. Throughout the driving of the well casing to the consolidated formation, the annular space between the upper drill hole and the permanent casing shall be kept at least one-half full with unhydrated bentonite, or bentonite slurry. The remainder of the annular space to land surface shall be filled with cement grout, neat cement, or bentonite. See Figure 2.

     (c) If temporary surface casing is used in either procedure (a) or (b) of this subsection, the casing must be a minimum of eighteen feet long and at least four inches larger in diameter than the permanent casing. If a consolidated formation is encountered within the first eighteen feet, the temporary casing may terminate at the interface of the consolidated formation. Withdrawal of the temporary casing must take place simultaneously with proper sealing of the annular space to land surface.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-241, filed 3/23/98, effective 4/23/98.]

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-261, filed 3/23/98, effective 4/23/98.]

     (2) Jetted wells - The surface seal in jetted wells shall be constructed to seal the annular space between the permanent casing and undisturbed native soil. An upper hole at least four inches greater in diameter than the permanent casing shall extend a minimum of six feet below land surface.

     (3) Dewatering wells:

     (a) Permanent dewatering wells shall be sealed ((to a depth of eighteen feet or within three feet of the bottom of the well for wells less than twenty-one feet deep. The minimum annular space requirements, sealing material, and decommissioning procedures of this chapter apply to all permanent dewatering wells.

     (b) Temporary dewatering wells - Dewatering wells that are in place less than eighteen months and are less than eighteen feet deep are exempt from the sealing requirements of this chapter. Temporary wells that are installed over eighteen months and that are deeper than eighteen feet, must have a minimum of eighteen feet of surface seal and meet the minimum annular space requirements and sealing materials authorized under)) in one of the following manners:

     (i) For wells in which the top of the screen interval is greater than twenty-one feet below land surface, the minimum sealing depth shall be eighteen feet.

     (ii) If the top of the screen interval is twenty-one feet or less below the land surface, the seal shall be within three feet of the top of the screen. In no instance shall the seal be less than ten feet in depth.

     (iii) All permanent dewatering wells shall be constructed to prevent interconnection of separate aquifers penetrated by the well, and provide casing stability.

     (b) Temporary dewatering wells are wells that are in place less than eighteen months.

     (i) Temporary dewatering wells less than twenty-five feet deep shall have a minimum of a three-foot surface seal.

     (ii) Temporary dewatering wells that are installed deeper than twenty-five feet, must have a minimum of five feet of surface seal.

     (iii) Temporary dewatering wells that connect different aquifers, allowing waters to commingle, must have a dewatering plan that addresses and mitigates potential inter-aquifer transfer and cross-contamination.

     (iv) All temporary dewatering wells must be decommissioned or reconstructed to meet standards for permanent dewatering wells within eighteen months from the date of installation.

     (c) The minimum annular space requirements, sealing material, and decommissioning procedures of this chapter apply to all dewatering wells. This includes wells that have been cut down, altered or damaged during the dewatering process. Temporary dewatering wells located within an area to be excavated for construction are exempt from these sealing requirements but are required to be decommissioned in accordance with this chapter.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-271, filed 3/23/98, effective 4/23/98.]