PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: Ecology was directed by the 2005 legislature to revise the existing well construction and licensing rules. Additionally, ecology met with the well drilling technical advisory group to make other revisions that improve organization and readability, addresses technical issues and other driller concerns, makes the rule easier to understand, and enhances public health and welfare. This rule making will adopt these amendments to 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.
Citation of Existing Rules Affected by this Order: Repealing WAC 173-162-140; and amending chapters 173-160 and 173-162 WAC.
Statutory Authority for Adoption: Chapter 18.104 RCW.
Adopted under notice filed as WSR 06-17-129 on August 21, 2006.
Changes Other than Editing from Proposed to Adopted Version:
| • | In WAC 173-160-171, the term "or building drain" was deleted and a new sentence was added identifying the point from which the siting setback shall be measured. |
| • | In WAC 173-160-271 (3)(b), the length of time that a temporary dewatering well can be in place has changed from eighteen months to twelve months. |
| • | In WAC 173-160-271 (3)(b)(i), all temporary dewatering wells regardless of depth will have a three foot surface seal. |
| • | In WAC 173-160-271 (3)(b)(ii), the citation that "temporary dewatering wells that are installed deeper than twenty-five feet must have a minimum of five feet of surface seal" was deleted. |
| • | In WAC 173-160-371, the phrase "Within a consolidated formation" was added at the beginning for clarity. |
| • | In WAC 173-160-381 (1) and (2), the term "drilled" was removed from the beginning of the citation for clarity. |
| • | In WAC 173-160-410(2), the term "geotechnical information" was deleted and replaced with the term "structural properties" to clarify the definition. |
| • | In WAC 173-160-450, a typographical error for the citation of the sealing guidelines was corrected. |
| • | In WAC 173-160-460 (1)(a)(iii), the word "or" was added to separate the two decommissioning methods. |
| • | In WAC 173-160-460 (2)(b), the requirement of capping a well after it has been decommissioned was deleted. |
| • | In WAC 173-162-030, the term "geotechnical information" was deleted and replaced with the term "structural properties" to clarify the definition. |
A final cost-benefit analysis is available by contacting Richard Szymarek, Department of Ecology, P.O. Box 47600, Olympia, WA 98504, phone (360) 407-6648, fax (360) 407-7162, e-mail rszy461@ecy.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 9, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 26, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 35, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 4, Amended 35, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 21, 2006.
Jay J. Manning
Director
OTS-9083.3
AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98,
effective 4/23/98)
WAC 173-162-030
How are the words and phrases 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. An access port also means a removable wellcap.
(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) "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 made of metal or plastic, 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))) See other definitions under chapter 173-160 WAC.
(1) "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) "Contamination" has the meaning provided in RCW 90.48.020.
(14))) (2) "Continuing education provider" is any person, organization, school or other entity involved in education that has received approval from the department for their continuing education plan and curriculum.
(3) "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))) (4) "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))) (5) "Department" means the department of
ecology.
(((18))) (6) "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))) (7) "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))) (8) "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))) (9) "Driven well" is a well constructed by joining a "drive point" to a length of pipe, then driving the assembly into the ground.
(((25))) (10) "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 liner, perforated
pipe, or 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))) (11) "Environmental investigation well" means a cased hole intended or used to extract a sample or samples of ground water, vapor, or soil from an underground formation and which is decommissioned immediately after the sample or samples are obtained. An environmental investigation well is typically installed using direct push technology or auger boring and uses the probe, stem, auger, or rod as casing. An environmental investigation well is not a geotechnical soil boring.
(12) "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))) (13) "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.
(14) "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))) (15) "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.
(16) "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))) (17) "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))) (18) "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))) (19) "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" has the meaning 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))) (20) "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.
(21) "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.
(((46) "PVC" means polyvinyl chloride a type of
thermoplastic casing.
(47))) (22) "Remediation well" means a well intended or 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))) (23) "Resource protection well" means a cased
boring intended or used to collect subsurface information or
to determine the existence or migration of pollutants within
an underground formation. Resource protection wells include
monitoring wells, observation wells, piezometers, spill
response wells, remediation wells, environmental investigation
wells, vapor extraction wells, ground source heat pump boring,
grounding wells, and instrumentation wells.
(((49))) (24) "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))) (25) "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 affected by withdrawal of ground water.
(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))) (26) "Structured properties" means subsurface engineering properties or geotechnical information used for the purpose of designing structures such as bridges, buildings, highways, pipelines, or for assessing slope stability samples.
(27) "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 unless the anticipated use of water is exempt as provided in 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) "Turbidity" means the clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter.
(56) "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.
(57))) (28) "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.
(((58))) (29) "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. Water
well includes ground source heat pump borings and grounding
wells.
(((59))) (30) "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.
(((60))) (31) "Well alterations" include(s), deepening,
hydrofracturing or other operations intended to increase well
yields or change the characteristics of the well. Well
alterations does not include general maintenance, cleaning,
sanitation, and pump replacement.
(((61) "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.
(62))) (32) "Well contractor" means a resource protection well contractor and a water well contractor licensed and bonded under chapter 18.27 RCW.
(((63))) (33) "Well driller(s)" or "driller(s)" ((is
synonymous with "operator(s)."
(64))) means a resource protection well contractor or operator and a water well contractor or operator.
(34) "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.
[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-030, filed 3/23/98, effective 4/23/98. 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.]
(1) Water well operator training license.
(2) Resource protection well operator training license.
(3) Resource protection well operator license.
(4) Water well operator license.
(5) Conditional licenses for water or resource protection well drilling.
(6) Retirement license for water and/or resource protection well drilling.
(7) Inactive license for water and/or resource protection well drilling.
[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-055, filed 3/23/98, effective 4/23/98.]
(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)) seventy-five dollar application fee; and
(ii) Have completed at least six hundred hours of drilling experience working under the direct supervision of a licensed operator 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 operator 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 operator shall not be subject to any penalties or orders that may be issued for wells constructed by the applicant that were not the responsibility of the operator to have direct supervision and control over; and
(C) A licensed operator, except a trainee, who will sponsor the trainee, has been identified on the signed statement. The licensed operator who will be sponsoring the trainee, shall assume liability for any and all well construction activities of the trainee accomplished under the operator's control during the period of the trainee's license; and
(vii) In obtaining a statement from a well operator(s) under (a)(vi) of this subsection, an applicant who has gained drilling experience under more than one operator shall submit a statement from each operator. It is not necessary to accumulate all qualifying experience under one operator. 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) Terms and conditions of a training license.
(i) 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 operator provided:
(A) A licensed operator is available by radio, telephone, or other means of communication; and
(B) The licensed operator can reach the drill site within one hour.
(ii) A trainee 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 operator. The drilling log shall be available for review by department and county officials whose county has received delegated authority as provided in RCW 18.104.043.
(iii) The work documented and initialed in the drilling
log ((may)) shall be used in your application for a license
under the training program completed, licensing category of
this chapter.
(iv) All verifiable work performed by a trainee under the control of a licensed operator may be carried over to subsequent operator(s) who assume liability for the trainee.
(v) A trainee may apply and qualify for ((only one type
()) both a resource protection ((or)) and a water well
drilling(() of)) training license ((at a time)), provided they
meet the provisions of WAC 173-162-060 (1)(a) for each license
they apply for.
(2) Water well or resource protection well operator licenses.
A person shall be qualified to receive either a water or resource protection well operator license if you meet the requirements of one of the following categories:
(a) New applicant category.
(((i))) Applicants who have never held a well operator
license ((and whose qualifying drilling experience was started
after the effective date of this regulation)) qualify if they:
(((A))) (i) Submit a completed application to the
department on forms provided by the department and pay the
department a ((twenty-five)) seventy-five dollar application
fee; and
(((B))) (ii) Submit proof that they have acquired five
thousand four hundred hours of drilling experience under the
direct supervision of a licensed well operator. Experience
gained as a licensed trainee may be applied towards the
experience requirements of this subsection; and
(((C))) (iii) Submit proof that they have obtained
thirty-two continuing education units; and
(((D))) (iv) Pass a written examination as provided for
in RCW 18.104.080.
(v) The department shall evaluate and approve all
qualifying experience and educational training. If your
qualifying drilling experience under (a)(((i)(B))) (ii) of
this subsection is from another state, the department may
require an on-site examination.
(((ii) Applicants who have never held a well operator
license and who have obtained at least twelve months of
qualifying drilling experience before the effective date of
this regulation qualify to receive a license if they:
(A) Submit a complete application to the department; and
(B) Pay a twenty-five dollar fee; and
(C) Pass a written exam; and
(D) Show proof that they have completed a total of twenty-four months of drilling experience under a licensed operator. Your proof must show 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 operator.
(E) The department shall evaluate and approve all qualifying drilling experience. If your drilling experience under (a)(ii)(D) of this subsection is from another state, the department may require an on-site examination.
(iii) Individuals who have been working towards obtaining a drilling license but have acquired less than twelve months of qualifying drilling experience prior to the effective date of this chapter, may apply their education and experience towards the requirements of a training license.))
(b) Training program completed category.
Applicants who have held a valid training license will be qualified to receive an operator license if they:
(i) Submit a completed application to the department on
forms provided by the department and pay the department a
((twenty-five)) seventy-five dollar application fee; and
(ii) Submit proof that they have worked as a licensed trainee under the provisions of this chapter for at least three thousand six hundred hours; and
(iii) Have obtained fourteen continuing education units while working under the training program.
(c) Licensed experience category.
(i) Applicants who have never held an operator license in Washington state qualify if they:
(A) Submit a completed application to the department on
forms provided by the department and pay the department a
((twenty-five)) seventy-five dollar application fee; and
(B) Hold a valid well operator license, or equivalent, in another state and can show proof that the license has been held for a period of at least three years. The department shall evaluate and approve all experience acquired by out-of-state licensed operators; and
(C) Have obtained thirty-two continuing ((educational))
education units as approved by the department; and
(D) Pass 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.
(F) Proof of licensing under (c)(i)(B) of this subsection 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.
(ii) Individuals, other than trainees, whose Washington
operator license has been suspended, revoked, expired or whose
license status has ((expired)) changed to retired or inactive
may 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)) seventy-five dollar application fee; and
(C) They have obtained seven continuing ((educational))
education units for each year or portion of a year the license
has been revoked, suspended, inactive, retired, 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.
(F) The written and/or on-site examination(s) under (c)(ii)(D) and (E) of this subsection may be waived by the department.
(3) Individuals who received an operator license for
either water well or resource protection well drilling ((after
the effective date of these regulations)) are qualified to
receive the other license if they:
(a) Currently hold a valid well operator license under
one of the categories in subsection (2) of this section((.
The license must have been issued by the department after the
effective date of these regulations)); and
(b) Submit a completed application to the department on
forms provided by the department and pay a ((twenty-five))
seventy-five dollar application fee; and
(c) Pass a written examination; and
(d) Pass an on-site examination if their field experience was gained in another state. The department may waive the on-site examination.
(e) Submit proof of at least six hundred hours of additional well drilling experience for the other type of license you wish to obtain. EXAMPLE - You currently hold a water well operator license that was issued by the department after the effective date of these regulations. You also wish to be licensed to construct resource protection wells. You will qualify to receive the resource protection operator license by making an application, paying the fee, and showing proof of six hundred hours of resource protection well drilling experience, passing a written exam, and passing an on-site exam if your drilling experience was gained in another state. Proof of experience will consist of drilling reports showing you were the operator of record on at least fifteen resource protection wells, or other documentation showing experience approved by the department.
(4) Conditional license.
(a) A conditional license may be issued to a former licensed operator for the sole purpose of authorizing the well operator 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 well operator. 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 an operator license issued under the provisions of this chapter.
(5) Retirement license.
(a) A person shall be qualified to receive a retirement license if you meet the following requirements:
(i) Submit a completed application to the department on forms provided by the department and pay the department a seventy-five dollar application fee; and
(ii) Hold a current active license for a minimum of ten years; and
(iii) Have no outstanding enforcement actions.
(b) The holder of a retirement license may not engage in any licensed activities. The holder of a retirement license may apply for a new license under WAC 173-162-060(2).
(6) Inactive license.
(a) A person shall be qualified to receive an inactive license if you meet the following requirements:
(i) Submit a completed application to the department on forms provided by the department and pay the department a seventy-five dollar application fee; and
(ii) Show proof of inactive status based on military documents, hospitalization records, out of country drilling or other extraordinary circumstances as determined by the department; and
(iii) Hold a current active license; and
(iv) Have no outstanding enforcement actions.
(b) Extraordinary circumstances do not include failure to notify the department of a change of address; postal service error and domestic disputes (divorce or separation).
(c) The holder of an inactive license must resubmit an application to extend inactive license status at the end of each two-year period. The holder of an inactive license may not engage in any licensed activities. The holder of an inactive license may apply for a new license under WAC 173-162-060(2).
[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-060, filed 3/23/98, effective 4/23/98. 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.]
[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-070, filed 3/23/98, effective 4/23/98; Order DE 73-10, § 173-162-070, filed 6/29/73.]
(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 show of good cause by the trainee. The limit
of the extension shall be for no longer than twenty-four
months ((and)). The trainee will be required to earn seven
continuing education units for each year or portion of a year
the license is held. The department may waive the continuing
education requirement of this subsection. Each request will
be evaluated on a case-by-case basis. A ((twenty-five))
seventy-five dollar fee will be charged for the extension.
[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-075, filed 3/23/98, effective 4/23/98.]
(2) A holder of a valid license may renew the license if they:
(a) Submit a completed application on forms ((provided))
approved by the department; and
(b) ((Except as provided in subsection (3) of this
section,)) Show proof that they successfully completed
fourteen continuing education units during the past
twenty-four months of the license term. A minimum of two
continuing education units out of the fourteen required units
must be about Washington state drilling or licensing
regulations; and
(c) Pay a ((twenty-)) seventy-five dollar renewal fee for
each license they wish to renew.
(3) ((If you currently hold a valid operator license that
was issued prior to the effective date of this regulation, you
may renew that license and receive a water well operator
license and/or a resource protection well operator license
without meeting the requirements for continuing education
until you apply for license renewal in the year 2000.
(4))) 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.
(((5))) (4) If your license has expired, you will have
thirty days in which to renew it. The thirty-day extension
period is to be used only to submit a late application and
fee. It is not to be used to gain continuing education units.
You must not engage in any licensed activities during this
time. If you fail to submit your renewal application, fee,
and proof of continuing education after the extension period
has expired, you must apply for a new license as provided in
this chapter.
(((6))) (5) The department may refuse to renew a license
if the license is currently suspended or revoked, or 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.
(((7))) (6) Operators shall not construct or decommission
a well after their license has expired.
[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-080, filed 3/23/98, effective 4/23/98; Order DE 73-10, § 173-162-080, filed 6/29/73.]
(((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 an operator license and for every driller renewing an operator 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 attendees 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) It is the operator's/trainee's responsibility to track and maintain records of their continuing education credits.
(d) Continuing education units will not be required to renew an operator license prior to January 1, 2000.
(e) A person licensed for both water well and a resource protection well construction need only obtain fourteen continuing educational units per renewal period.
(f) A person applying to receive both a water well and resource protection well operator license need only meet the continuing education unit requirements for one license.)) (1) What is continuing education? Continuing education is your opportunity to gain additional knowledge into subjects that directly relate to the well drilling profession. It is designed to enhance your knowledge, drilling skills, and keep you informed on technological advances, as well as keeping you informed on current state and local regulations. The ultimate goal is to ensure the highest quality of professionalism in the well drilling industry. Continuing education is required of every person applying for an operator's license and for every licensed operator renewing their license. Continuing education units (CEUs) are earned by attending continuing education programs. Continuing education programs consist of approved training, classes, courses, workshops, offerings, correspondence instructions, or other means of providing instruction.
(2) How do I obtain required continuing education units?
(a) Except as provided for in this chapter, continuing education units will only be obtained from an approved continuing education provider (a continuing education provider is: Any person, organization, school or other entity involved in education and have received approval from the department for their continuing education plan and curriculum).
(b) The department shall maintain a current list of all continuing education providers and programs. This list will be available on the department's web page and/or by request.
(c) In order to receive continuing education units you must successfully complete continuing education programs. You must be present throughout the entire instructional period in order to be eligible to receive full credit.
(3) How do I become an approved continuing education provider? Persons, organizations, schools, and other entities that provide training and education must submit a continuing education plan to the department for approval. Upon approval of the plan, the requestor becomes an approved continuing education provider. The department may waive the requirement to have a continuing education plan for colleges, universities, or other entities that have an accreditation requirement of their own.
(a) What are the required elements of a continuing education plan? A continuing education plan must contain the following required elements:
(i) Contact information. Name of the person, organizations, schools, and other entities applying to become an approved continuing education provider. Their mailing address, telephone number(s), and e-mail address. Names of a contact person(s), their mailing address, telephone number(s), and e-mail address.
(ii) Statement of qualifications. A statement of qualifications consists of a summary of the provider's experience in providing education programs; references; and lists of any licenses they hold and/or membership in any professional organizations.
(iii) Statement of resources. A statement of resources shall identify the location(s) of the continuing education program and the number of individuals required to put on the program.
(iv) Statement of organization. A statement of organization consists of a summary of how the courses will be advertised; number and frequency of classes offered during the year; a description of the method to be used to evaluate courses; a description of how attendance will be verified and reported to the department; a description of the type of proof of completion to be awarded to each student; and a cancellation policy.
(v) Statement of accountability. The statement of accountability shall justify the cost of the class and include a statement assuring delivery of courses by the provider.
(b) As provided for in this chapter, the department in consultation with the technical advisory group created in RCW 18.104.190 may waive the requirement for a provider to have a continuing education plan consistent with the goals of this WAC.
(4) How do I get credit for participating in a continuing education program and report units to the department?
(a) A person is qualified to receive continuing education units after the program has been evaluated and upon showing proof of attendance and completion of an approved continuing education program. Each continuing education provider is required to provide their students with documentation, approved by the department, showing successful completion of the program.
(b) All operators/trainees must report their continuing education units to the department prior to their license renewal date.
(c) The department will keep a record of the licensees' continuing education units as they are submitted. You may access your record through the department's web site or request a copy of your record.
(d) It is the individual's responsibility to track and maintain records of their continuing education units.
(5) General information on continuing education:
(a) Continuing education units received during a renewal period that are in excess of the requirements cannot be used for any succeeding years.
Example: A driller earning twenty continuing education units during their two-year renewal period cannot apply the six extra units towards any future renewal.
(b) New applicants may have continuing education units assigned for courses, workshops, classes, or seminars attended no more than five years prior to their application date.
(c) An individual licensed for both water well and resource protection well construction need only obtain fourteen continuing education units per renewal period.
(d) An individual applying for a new license for both a water well and resource protection well operator's license need only meet the continuing education unit requirements for one license.
(e) For new applicants or currently licensed individuals, two continuing education units must cover Washington state department of ecology laws and regulations provided by the department or their designee. This section will take effect one year from the effective date of this rule.
(6) What topics will be approved for continuing education programs? General topics include: Occupational health and safety; business and office skills; interpersonal skills; technical aspects associated with well design, construction, development, maintenance, and testing; geology and ground water sciences, safety, welding, HAZMAT training, first aid; and other topics relating directly to well construction and the ground water industry as approved by the department. The department may also request approved continuing education providers to cover certain topics in their continuing education plan based on trends or observations from department compliance officers.
(7) How will continuing education units be assigned?
(a) The following criteria shall be utilized when evaluating programs and assigning continuing education units.
(i) The subjects' relevance to the business, technical, and/or regulatory aspects of well drilling;
(ii) How well the subject will enhance the knowledge, skills, and abilities required in the well drilling profession;
(iii) Length of program; and
(iv) Final group selection.
The program syllabus must be reviewed in order to address these criteria.
(b) A program syllabus shall contain the following:
(i) Course title.
(ii) Instructor name(s).
(iii) Instructor qualifications.
(iv) Course length.
(v) Course outline, detailing specific subject material to be taught and testing schedule.
(vi) A statement regarding how the course pertains to the business, technical, regulatory, and safety aspects of well construction.
(vii) A statement regarding the goals and objectives of each class.
(viii) A statement that the class will be open to all who desire to attend.
(ix) Admission cost.
(x) A description of textbooks, supplemental readings, or materials such as safety equipment, calculators, or other items the attendee will need to provide.
(xi) The date and time of the course and driving directions.
(c) Based on the syllabus review, each continuing education program will be categorized into one of seven groups:
(i) Group one - Subjects that directly relate to the business, technical, regulatory, and safety aspects of well construction; and subjects that enhance ground water protection and increased professionalism within the drilling community.
(A) Washington well construction and licensing statutes and regulations.
(B) Construction methodology, well design, development, maintenance, and testing.
(C) Protection of the ground water resource.
(D) Hydrogeology and ground water science.
(E) Equipment operation and maintenance.
(F) Computer skills.
(G) Welding.
(H) Business management and office skills.
(I) Interpersonal skills.
(J) Occupational health and safety.
(K) Map reading skills.
(L) Local and state health regulations.
(M) DOT regulations.
(ii) Group two - Subjects that will improve the industries' knowledge and understanding of subjects related to ground water.
(iii) Group three - Subjects not covered under group one or two, but benefit the driller in their professional development.
(A) Vendor specific product/sales courses.
(B) Pumps.
(iv) Group four - Miscellaneous courses.
(A) College courses.
(B) Correspondence courses.
(C) Trade school courses that do not fall into another group.
(v) Group five - Attending conventions (trade show).
(A) Washington Ground Water Association.
(B) National Ground Water Association.
(C) Pacific Northwest Expo.
(D) Other state recognized conventions.
(vi) Group six - Preapproved classes.
(A) OSHA HAZWOPPER 40 hour basic course - 20 credits.
(B) OSHA HAZWOPPER 8 hour refresher - 4 credits.
(C) Red Cross 8 hour first aid/CPR - 4 credits.
(D) Others as approved by the department.
(vii) Group seven - Programs for which no credits are assigned.
(d) A program will be assigned continuing education unit(s) based on the group that best describes the training session and the published length of the training session.
The following is a unit value for each group:
Group one - One unit per hour.
Group two - One-half unit per hour.
Group three - One-quarter unit per hour.
Group four - Unit value equal to the education credit, not to exceed four continuing education units per license renewal period or trainee applicant. No more than eight for all other applicants.
Group five - One unit per convention.
Group six - As listed.
Group seven - No unit value.
(e) Operators/trainees who have attended continuing education programs that were not previously approved may receive continuing education units by providing an application to become a provider and class syllabus form to the department.
(f) Individuals may receive continuing education units for preparing and presenting classes as follows:
(i) No continuing education units will be assigned for class preparation/presentation to nondrilling audiences.
(ii) One continuing education unit per hour of presentation and one CEU per hour of preparation time. Continuing education units allowed for preparation time are limited to no more than twice the time it took to present the course. Example - one hour class, no more than two hours preparation time allowed. Total three CEUs.
(g) All continuing education programs must be open to anyone who wants to attend. This requirement does not preclude a provider from imposing reasonable requirements for attendees such as, but not limited to, fees, space limitations and providing their own safety equipment.
(8) What is the department's role in providing continuing education?
(a) The department shall approve all continuing education programs and assign continuing education units required by this chapter. The technical advisory group shall assist the department in their evaluation by reviewing continuing education programs and recommending assignment of continuing education units on classes referred to them by the department.
(b) The department will provide technical support including those meeting the requirements in subsection (5)(e) of this section, in the form of speakers and materials for use in continuing education programs to approved continuing education providers upon request and at their sole discretion.
[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-085, filed 3/23/98, effective 4/23/98.]
(1) What subjects will the written exam cover? The examinations are prepared to test the knowledge and understanding of the following subjects:
(a) Washington state ground water laws as they relate to constructing and decommissioning wells;
(b) Sanitary standards for constructing 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 constructing a well, 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.
(2) What subjects will the on-site test cover?
The on-site examination shall test the applicant's field skills and knowledge in the following areas:
(a) Safety.
(b) General knowledge of equipment operation.
(c) Equipment maintenance.
(d) Drilling knowledge.
(e) Well development.
(f) Implementation of the construction standards under chapter 173-160 WAC.
(3) When and where are the written examinations given?
(a) Examinations will be held at such a time and place as may be determined by the department, but not later than thirty days after the department accepts the completed application package consisting of:
(i) A completed application form with appropriate fee; and
(ii) Proof of required continuing education; and
(iii) Proof of required drilling experience.
(b) 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 at least twenty-four hours prior to your scheduled exam date if you cannot meet the examination schedule. Your notice shall include the reason(s) why you cannot meet the schedule. If you fail to notify the department, or fail to reschedule your exam within thirty days of your initial exam date, you will forfeit your application and fee. You must submit a new application and fee in accordance with WAC 173-162-060 if you wish to take the exam.
(c) 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) When and where are the on-site examinations given?
(a) You must pass the written exam before you can take the on-site exam.
(b) 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.
(c) ((Following the receipt of your test results, you
will be responsible to select an authorized on-site advisor.
The advisor will assist you and the department with
coordinating the on-site examination. A list of the on-site
advisors will be included with your test results.
(d))) You((, the advisor,)) and the department will
schedule a mutually agreed upon time and place for the on-site
exam. RCW 18.104.080 requires that examinations be held within
thirty days after a completed application is filed with the
department. ((If this is not practical, you must notify the
department and request an extension to the testing schedule.
Your request shall include:
(i) The reason(s) why you cannot meet the schedule.
(ii) Acceptable reasons for rescheduling exams may include: Weather; availability of advisors or department staff; or health problems.
(e) Failure to complete the on-site exam within ninety days may result in having to reapply and reschedule another on-site exam.
(f))) (d) You ((and the on-site advisor will)) shall
arrange for all the equipment, materials, and location for the
on-site examination.
(((g))) (e) The department must be present during the
on-site examination.
(5) When will I be notified of the results of my written and on-site examination?
The department shall notify you of your test results within ten days after each examination.
(6) If I fail an exam, may I take a retest?
(a) 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.
(b) If you failed to pass the written exam, you are considered a new applicant in all respects.
(c) 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.
[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-095, filed 3/23/98, effective 4/23/98.]
The following section of the Washington Administrative Code is repealed:
| WAC 173-162-140 | What are the requirements to become an on-site testing advisor? |
OTS-9082.4
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. |
(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.]
(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 or
building projection. Water wells shall not be located in
garages, barns, storage buildings or ((inhabited)) dwellings.
When locating a nonpublic water well adjacent to a building,
the well location shall be measured from the building sewer
and closest building projection.
(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
| NOMINAL SIZE (inches) |
OUTSIDE DIAMETER (inches) |
WALL THICKNESS (inches) |
WEIGHT PER FOOT (pounds) |
TEST SECTION OUTSIDE DIAMETER (inches) |
| 1.25 | 1.660 | 0.140 | 2.27 | 0.500 |
| 1.5 | 1.900 | 0.145 |