7 Del. Admin. Code § 7302-1.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7302-1.0 - General Provisions

1.1 Purpose. It is the purpose of these regulations to:

1.1.1 Protect the public health and to conserve and protect the water resources of the state.

1.1.2 Examine and license those persons engaged in

1.1.2.1 Contracting for and the drilling, boring, coring, driving, digging, construction, installation, removal, or repair of wells and test wells; and

1.1.2.2 Abandoning, sealing and or modifying wells and test wells; and

1.1.2.3 The installation, repair or removal of pumping equipment in and for a well.

1.1.3 Provide for the Secretary to appoint a Water Well Licensing Board to advise and assist the Secretary in the administration of the licensing program.

1.2 Statutory Authority. The Department of Natural Resources and Environmental Control establishes and adopts these regulations pursuant to the authority granted by §6010(a) and §6023 of the Delaware Environmental Protection Act, Title 7 Del.C., Chapter 60.

1.3 Scope and Applicability

1.3.1 Minimum requirements are hereby prescribed governing the licensing of persons who conduct activities governed by these regulations.

1.3.2 No person shall conduct any activity contrary to the provisions of these regulations.

1.3.3 If any part of these regulations or the application of any part thereof is held invalid or unconstitutional, the application of such part to other persons or circumstances and the remainder of these regulations shall not be affected thereby and shall be deemed valid and effective.

1.3.4 These regulations being necessary for the protection and conservation of the water resources of the state, shall be liberally construed in order to preserve the land, surface water and groundwater resources of the State of Delaware.

1.3.5 The Department shall have the right to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relative to the enforcement of these regulations; upon verbal notice and after presenting official identification to the owner, occupant, custodian, or agent of the property.

1.3.6 The provisions of these regulations shall supercede previous versions of these regulations.

1.4 Enforcement and Penalties. The provisions of these regulations shall be enforced by the Department as provided in Title 7Del.C., § 6005 and § 6013. Such enforcement may include suspension or revocation of any license for cause. The failure of the Department to enforce any of the provisions of these regulations shall not constitute a waiver by the Department of such provisions.

7 Del. Admin. Code § 7302-1.0