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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2016

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7 DE Admin. Code 7301
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department” or “DNREC”) pursuant to 29 Del.C. §10113(b)(4), DNREC has revised Section 7301 of Title 7 of the Delaware Administrative Code to correct the technical errors found after the final adoption of this regulation (as set forth previously in Secretary’s Order No. 2016-W-0033).
NOW THEREFORE, under the above-described statutory authority, and for the reasons set forth above, the Secretary of the Delaware Department of Natural Resources and Environmental Control does hereby ORDER that the revisions to 7 DE Admin. Code §7301: Regulations Governing the Construction and Use of Wells, be adopted and promulgated as follows, to wit:
“Abandoned Well” means a well that is not being used for its intended purpose as determined by the Department.
“Absorption Facility” means a system of open jointed or perforated piping, alternative distribution units or other seepage systems for receiving the flow from septic tanks or other treatment facilities and designed to distribute effluent for oxidation and absorption by the soil within the zone of aeration.
“Agricultural Well” means a non-potable well used for watering livestock, aquaculture, or watering household yards and gardens, or for other purposes related to farming, but not for irrigating lands or crops.
“Annular Space (Annulus)” means the space between a borehole and well casing or between concentric well casings.
“Applicant” means the owner or owners of the property seeking a well permit, or his or her legally authorized agent.
“Aquifer” means a part of a formation, a formation, or a group of hydraulically connected formations that contains sufficient saturated permeable material to yield economically useful quantities of water to wells and springs.
“Aquifer Interconnection” means a condition that exists when a well is screened or gravel packed across multiple aquifers.
“Aquifer Storage and Recovery (ASR) Well” means a well that is used for artificial recharge of an aquifer to store water for withdrawal usually during peak demand.
"Aquifer Test" means a test conducted by influencing and observing changes in hydraulic head in an aquifer.
"Available" means a public water distribution line or service connection exists within 200 feet of the foundation of the structure or building.
“Beneficial Use” means any use of water that is necessary to the applicant, reasonably non-wasteful, reasonably non-damaging to other water users, and in the best interest of the public as determined by the Department.
"Call in Authorization Number" means a randomly generated number provided by the Department to the well drilling contractor, that is linked to the well permit number, that conveys the intent to construct the well, and that is required to validate the well permit.
"Certificate of Public Convenience and Necessity (CPCN)" means an authorization issued by the Delaware Public Service Commission for the delivery or provision of a public service to a designated area or parcel of land.
“Confined Aquifer” means a saturated layer of permeable geologic material bounded above and below by confining layers and where its water pressure is everywhere greater than atmospheric.
“Confining Layer” means a stratum of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.
“Consolidated” means geologic material that is firm and rigid due to the interlocking or cementation of its mineral components.
"Construction Well" means a non-potable temporary well used solely to supply water for well construction.
“Contaminant” means any substance, either man-made or natural, that degrades or impairs water quality.
“Contamination” means the presence of a contaminant in the environment.
“Department” means The Department of Natural Resources and Environmental Control (DNREC).
"Dewatering System" means mechanical equipment used to remove groundwater from an excavation for construction purposes. Equipment consists of a pump, intake and discharge piping, and wells, well points, sumps, or excavations.
“Dewatering Well” means a well that is used to remove groundwater for construction or installation of, but not limited to, footings, sewer lines, building foundations, elevator shafts, underground storage tank installations and the like.
“Disinfection” means the inactivation of pathogenic organisms in water by chemical oxidants, ozone, ultraviolet light, or similar treatments.
“Disposal Area” means the entire area used for the absorption facility.
“Domestic Well” means a well that may serve no more than three dwellings and is used for potable non-public water supply purposes and may be used for non-potable household purposes.
“Drawdown” means the extent of lowering of the static water level in a well and of the water table or potentiometric surface adjacent to a well, resulting from the discharge of water from a well.
“Drilled Well” means a well that is constructed using auger, rotary or percussion tools that cut, fracture, or abrade the surface of the earth.
“Drive Shoe” means a device fastened to the bottom of a length of casing to aid in driving the well casing.
“Driven Well” means a well that is constructed by means of pushing or hammering a casing and screen including direct push methods, and that does not create an annular space.
“Dug Well” means a well that is constructed by the use of picks, shovels, or an excavator.
"Fire Protection Well" means a non-potable well used for emergency purposes only and not connected to a public water supply distribution system.
"Geophysical Log" means a record of various properties of the formation, borehole, or well obtained by electrical, mechanical, electromagnetic, or other measuring devices.
“Gravel Pack” means processed gravel or coarse sand placed in the annular space surrounding the well screen to limit the entrance of particulates.
“Groundwater” means any water naturally found under the surface of the earth.
“Grout” (noun) means material that is capable of providing a seal in the annular space of a well, or for sealing.
"Grout" (verb) means to emplace grout (noun) in an annular space of a well.
"Heat Pump" means a device that transports thermal energy from one environment to another, and in either direction.
“Heat Pump Closed Loop Well” means a borehole containing a vertical pressurized circuit of pipe that circulates a water-based solution to exchange heat with groundwater.
"Heat Pump Direct Exchange (DX) Well" means a borehole containing a pressurized circuit of tubing that circulates a refrigerant to exchange heat with groundwater.
“Heat Pump Recharge Well” means a non-potable well that is used to inject groundwater heat pump effluent back into an aquifer.
“Heat Pump Supply Well” means a well used to withdraw groundwater for thermal exchange in a heat pump and that may also be used for potable supply.
“Industrial Well” means a non-potable well that is used in the processing, washing, packaging, or manufacturing of a product excluding food and beverages.
“Injection Well” means a well that is used to place fluid into the subsurface as regulated by the Regulations Governing Underground Injection Control.
“Irrigation Well” means a non-potable well that is used for watering lands or crops other than household lawns and gardens.
"Jetted Well" means a well that is constructed using a high velocity stream of water.
"Lysimeter" means a device for withdrawing pore water samples from the unsaturated zone and that does not intersect the water table.
“Miscellaneous Well” means a non-potable well used for beneficial purposes but that is not included in any other well categories defined by these Regulations, and that is not connected to a public water system or private home.
“Monitor Well” means a non-potable well that is used primarily for collecting groundwater samples.
“Multiple Screens” means the use of more than one screen, or of a continuous screen, in well construction, connecting multiple water-bearing zones within a single aquifer.
“Observation Well” means a non-pumping, non-potable well used for measuring groundwater levels or the potentiometric surface.
"Operator" means the person responsible for the operation of a well or water system.
“Person” means any individual, firm, association, organization, partnership, business trust, corporation, company, contractor, supplier, installer, user, or owner, or any Federal, State or local governmental agency or public district or any officer or employee of these.
"Piedmont Physiographic Province" means the land area consisting of rolling hills composed of crystalline rocks located north of a line drawn between Newark and Wilmington.
“Piezometer” means an alternate word for observation well.
“Pitless Well Adapter” means a device designed for attachment to one or more openings through a well casing, provided with a pitless well cap, and so constructed as to prevent the entry of contamination into the well.
“Pitless Well Cap” means a device that encloses the upper termination of the well casing above a pitless well adapter or unit and provides for connections for electrical power lines and a screened well vent.
“Pitless Well Unit” means a pre-assembled device that extends the upper end of a well casing to above grade, provided with a pitless well cap, and so constructed as to prevent the entry of contamination into the well.
“Potable Water” means any water that is in compliance with all the required drinking water standards specified in the Delaware Regulations Governing Public Drinking Water Systems and the US EPA Safe Drinking Water Act, and that is acceptable for human consumption.
“Potential Source of Contamination” means anything that may introduce a contaminant that could cause water to fail to meet applicable water standards. Examples may include, but are not limited to, underground storage tanks for petroleum products, absorption facilities, wastewater disposal areas, landfills, confined animal feed lot operations, and storm water management facilities.
“Pressure Grouting” means the emplacement of grout materials under positive pressure by means of a conductor (tremie) pipe.
"Public Water System (PWS)" means a water supply system for the provision to the public of water for human consumption through pipes or other constructed conveyances either directly from the user's free flowing outlet or indirectly by the water being used to manufacture ice, foods and beverages or that supplies water for potable or domestic purposes for consumption in more than three dwelling units, or furnishes water for potable or domestic purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial areas, multiple dwellings or semi-public buildings including, but without limitation, rooming and boarding houses, motels, tourist cabins, mobile home parks, restaurants, hospitals and other institutions, or offers any water for sale for potable domestic purposes. Public water systems are classified as follows:
"Community Water System (CWS)" means a public water system that serves at least 15 service connections used by year round residents or regularly serves at least 25 year-round residents.
"Non-Transient Non-Community Water System (NTNCWS)" means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
"Transient Non-Community Water System (TNCWS)" means a public water system that has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
"Miscellaneous Public Water System (MPWS)" means a public water system that is neither community, transient non-community, nor non-transient non-community.
“Public Well” means a well that is used to supply water to more than three dwelling units, 25 or more employees, or for the preparation or manufacturing of food or beverages, or to the public at large.
“Pump Installer” means any person holding an appropriate license issued by the State of Delaware to act in responsible charge of all on-site work in the installation, modification, and repair of water pumps and related equipment.
“Pump Installer Contractor” means any person licensed by the State of Delaware to engage in the business of contracting for the installation, modification, and repair of water well pumps and related equipment.
“Pump Pit” means an underground enclosure that contains pumping equipment external to the well, and may also contain the well and other water system components.
“Recovery Well” means a well that is used to withdraw contaminants or contaminated groundwater.
“Regulations” mean Delaware Regulations Governing the Construction and Use of Wells.
“Sealing” means removal of pumping equipment, if applicable, and emplacing grout the entire length of a well so as to make it permanently decommissioned.
“Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee.
“Septic Tank” means a watertight receptacle that receives the discharge of wastewater from a structure or part of a structure and is designed and constructed so as to permit settling of solids from the liquid, digestion of the organic matter by detention, and discharge of the liquid portion into an absorption facility.
“Service Connection” means a water line from a water supply system to a dwelling or building.
"SIRS" means the Department's Site Investigation and Restoration Section.
“Soil Boring” means a borehole for the purpose of determining the physical or chemical characteristics of soil or sediment.
“Source of Contamination” means anything that is known to have introduced a contaminant that has caused a violation of applicable water quality standards. Examples may include but are not limited to underground storage tanks for petroleum products, wastewater disposal areas, landfills, confined animal feed lot operations and storm water management facilities.
“Static Water Level” means the elevation of water in a well not under the influence of pumping.
“Suction Line” means a pipe that conveys water from a well by a pump creating negative pressure.
“Test Well” means a temporary well installed to determine the lithology and water transmission properties of an aquifer or geologic materials and that may be used to determine water quality.
“Unconfined Aquifer” means an aquifer where no relatively impermeable layer exists between the water table and the ground surface and the water surface is at atmospheric pressure.
“Unconsolidated” means not cemented as in soil, sediment, or other geologic material.
"Unrecorded Well" means an existing well for which the Department has no record.
“Water Well Contractor” means any person licensed by the State of Delaware to engage in the business of contracting for the construction and repair of wells, and contracting for the installation or repair of well pumps and related equipment.
“Well” means any excavation that intersects the water table, and is installed for the purpose of obtaining geologic or hydrologic information and for locating, testing, measuring, extracting, or recharging water and other fluids, and where the depth is greater than the width. Such excavations may have been drilled, augured, cored, bored, driven, dug, jetted, or otherwise constructed. This definition does not include excavations for dewatering trenches, utility poles, construction pilings, building foundations, fence posts, test pits, or horizontal heat pump systems.
“Well Casing” means a closed-wall pipe used to provide access from the ground surface to a water-bearing unit.
"Well Development" means the process of removing fine material from the well to improve yield and water quality.
“Well Driller” means any person licensed by the State of Delaware to act in responsible charge of all on-site work relating to the drilling, construction, development, and testing of wells; well alteration and repair, test boring and coring; and the installation, modification, and repair of well pumps and related equipment.
“Well Driver” means any person licensed by the State of Delaware to act in responsible charge for all on-site work relating to the driving, construction, development, and testing of driven wells; alteration and repair of driven wells; and the installation, modification and repair of water well pumps and related equipment ordinarily used in driven wells.
“Well Pit” means an underground enclosure that contains a well head that is capped below grade.
"Well Point" means a shallow well that is typically used in series with a manifold and pumped together by suction to dewater an excavation.
“Well Screen” means a filtering device (e.g. manufactured perforated pipe) used as a sediment filter allowing entrance or exit of sub-surface fluids.
“Wick Drain” means a prefabricated strip that is inserted into the ground for draining water and consolidating compressible soils or sediments.
3.6.6 Water quality tests may be required as part of the application, at the discretion of the Department, where the Department has reason to believe that groundwater contamination may exist in or near the proposed construction site.
3.12.12 All wells and dewatering facilities are subject to 7 Del.C. §§6031 and 6037 that mandates responsibilities concerning water supply depletion or water quality degradation of any existing use of water caused as a result of any operation authorized under the permit.
3.21 Water Service Piping. Water service piping from the well to the structure(s) shall be installed in accordance with the requirements of the Delaware Regulations Governing a Detailed Plumbing Code, administered by the Division of Public Health.
5.1.1.3 50 feet from any boundary of an Agricultural Lands Preservation District (as defined in 3 Del.C. Chapter 9) for any parcel, lot, or subdivision. Wells on parcels, lots, or subdivisions created or recorded prior to April 6, 1997 are exempt. The Department requires that all wells be placed the maximum distance possible from lands where federally regulated chemicals have been applied. Pesticides that have been applied in accordance with their respective pesticide product label and are not associated with any known contamination are exempt.
5.3.1.1 A public water supply system meeting the requirements of the Delaware Regulations Governing Public Drinking Water Systems.
5.8.3 All wells shall be grouted within 24 hours after the casing has been set.
5.10.1 A pitless well adapters or pitless well units shall be installed on all potable wells having a submersible pump or deep well ejector jet pump.
5.12.6 The access port shall be constructed to prevents the entrance of water, dust, insects, or other foreign material, and allow access for water level measurements.
6.2.4 Well construction beyond the Department's coastal building restriction line as defined in the Delaware Regulations Governing Beach Protection and the Use of Beaches is prohibited.
6.4.1 All water obtained from wells supplying a heat pump system shall be injected into the source aquifer. Where the requirements of subsections 6.4.4 and 6.4.5 have been met, and the aquifer will not accept the water from the supply well, the Department may approve an alternate method at its discretion.
8.1.8 For wells in unconsolidated sand and gravel aquifers, the well formation log shall include notation of the sediments type, grain size, color, texture, accessory materials, thickness, and depth of individual layers or lenses, and other distinctive features.
12.3.1 Public Notice. Public notice of Applications for an Alternative Method of Compliance shall be made in accordance with 7 Del.C. §6004. Applications for an Alternative Method of Compliance shall be advertised in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State with a comment period of 15 days.
13.2.1 Good faith efforts have been made to comply with 7 Del.C. Ch. 60 and these Regulations;
13.2.2 The person applying for the variance is unable to comply with the rules or requirements of either 7 Del.C. Ch. 60 or of these Regulations, because the necessary technology or other alternative methods of control are not available or have not been available for a sufficient period of time or the financial cost of compliance by using available technology is disproportionately high with respect to the benefits which continued operation would bestow on the lives, health, safety and welfare of the occupants of this State and the effects of the variance would not substantially and adversely affect the policy and purposes of this chapter;
13.4.4 The granting of a variance shall not in any way limit any right to proceed against the holder for any violation of the variance. Any rule or requirement of 7 Del.C. Ch. 60 or of these Regulations that is not incorporated in the variance provisions shall remain in full effect.
Last Updated: December 31 1969 19:00:00.
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