7 Del. Admin. Code § 7301-1.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7301-1.0 - General Provisions

1.1 Statutory Authority

The Secretary of the Department of Natural Resources and Environmental Control (Department) establishes and adopts the following Regulations under and pursuant to the authority granted by §§6003 and 6010 of Chapter 60 of Title 7 of the Delaware Code.

1.2 Scope and Applicability

1.2.1 Minimum requirements are hereby prescribed governing the location, design, installation, use, disinfection, modification, repair, and sealing of all wells and associated pumping equipment as well as prescribing certain requirements for the protection of public and private potable water supply wells. These Regulations supersede all other well construction Regulations heretofore adopted.

1.2.2 No person shall conduct any activity contrary to the provisions of these Regulations. All such activities that are contracted for shall be carried out only by a person or persons possessing a valid license issued by the Department pursuant to the provisions of 7 Del.C. § 6023 and the "Regulations for Licensing Water Well Contractors, Pump Installer Contractors, Well Drillers, Well Drivers and Pump Installers."

1.2.3 These Regulations apply to the entire life of the well, including but not limited to, construction activities from the initial penetration or excavation of the ground surface through development, equipment installation, disinfection and sealing of the well. Set up of construction equipment before actual penetration or excavation is not considered part of construction activities.

1.2.4 Before any well construction activities commence to install any well, as defined in Section 2.0 the property owner or property owner's authorized agent must obtain the prior approval of the Department to construct the well in the form of a well permit.

1.2.5 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 are not affected thereby and shall be deemed valid and effective.

1.2.6 The Department has the authority to require that the well permit and permit conditions be recorded with the Recorder of Deeds office in the county where the well is located.

1.2.7 These Regulations shall be liberally construed for the protection and conservation of the water resources of the State to protect public heath.

1.2.8 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 permittee, owner, occupant, custodian, or agent of the property owner.

1.3 Enforcement and Penalties

The provisions of these Regulations shall be enforced by the Department as provided in Chapter 60 of Title 7 of the Delaware Code. Such enforcement may include but is not limited to revocation of the violator's well permit for cause. The failure of the Department to enforce any of the provisions of these Regulations in one case does not constitute a waiver by the Department of any such provisions or right to enforce such provisions in other cases.

7 Del. Admin. Code § 7301-1.0

20 DE Reg. 180 (9/1/2016) (Final)