7 Del. Admin. Code § 7301-3.0

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

Section 7301-3.0 - General Permitting Requirements And Procedures

3.1 Permit Required

3.1.1 A well may not be constructed until the Department has issued a well permit and a call-in authorization number unless otherwise authorized under subsection 3.13 . A well permit is not required for the construction of hand augured soil borings or other soil borings that do not intersect the water table (such as direct push soil borings).

3.1.2 A lysimeter may not be constructed until the Department has issued a well permit number. Lysimeters shall be constructed or repaired by qualified professionals as approved by the responsible program and are not required to be installed by a licensed well driller or driver.

3.1.3 A well permit is required for the construction and use of all wells and lysimeters.

3.2 Well Repair. A well permit is not required for the repair or rehabilitation of a well or associated equipment, provided the physical dimensions of the well are not changed, pursuant to subsection 9.3 . A change in physical dimensions or exceedance of original capacity shall require an application for a well permit as set forth in the remainder of this Section.

3.3 License Required. The construction, repair, modification, or sealing of wells shall be performed by or under the direct on-site supervision of a licensed well driller or well driver. The installation of well pumps and pumping equipment shall be performed by or under the direct on-site supervision of a licensed pump installer, plumber or well driller. Except as permitted by 7 Del.C. § 6023, the above referenced persons shall be licensed under the requirements of the Delaware Regulations for Licensing Water Well Contractors, Pump Installer Contractors, Well Drillers, Well Drivers, and Pump Installers.

3.4 Permit Preparers. All well permit applications shall be prepared and submitted by a Delaware licensed well driller or driver pursuant to subsection 3.1.

3.5 General Permit Application Procedures

3.5.1 All applications shall be made on Department provided paper or electronic forms.

3.5.2 All applications shall be legible and complete, including such plans, specifications, and other relevant information for review by the Department. All applications must include evidence of property ownership in the form of a zoning verification, settlement agreement, tax assessor's record, or an easement or access agreement showing the applicant's authority to construct a well, or the authorized agent for government owned lands. In the event an outstanding issue is identified during the Department's review that renders the application incomplete, the Department will return the application to the preparer along with a letter describing what information or material is missing.

3.5.3 All applications shall be signed by the applicant or their legally authorized agent or be attested to by the permit preparer for electronic applications. The applicant may be penalized for submitting false information.

3.5.4 All applications shall be signed by the permit preparer. The permit preparer may be penalized for submitting false information.

3.5.5 All applications shall be accompanied by an application fee and an advertisement fee, if applicable.

3.5.6 Wells shall only be used for the purposes designated by the permit.

3.5.7 The Department will not consider the issuance of a permit for a potable water supply well on an undeveloped parcel until the on-site wastewater treatment and disposal system permit for the parcel has been issued, or central sewer service is available to the parcel, except in the case of a water utility or municipality when it is shown that no sewer service or on-site wastewater treatment and disposal is necessary for the parcel.

3.5.8 For wells which will be constructed in areas where no tax map numbers are assigned, a utility or safety permit shall be submitted with the application.

3.6 Dewatering System Application Procedures

3.6.1 Applications for dewatering systems shall be submitted on forms supplied by the Department.

3.6.2 Permit applications for dewatering wells shall include:

3.6.2.1 Proof of authorization from the property owner (e.g. access or easement agreement) for the contractor to construct, and for the operator to operate the proposed dewatering system, and

3.6.2.2 Duration of project, and

3.6.2.3 Total depth and number of wells or excavations and location of water discharge, and

3.6.2.4 Project location map and site map showing well, well point, or excavation layout noting the estimated number of wells, well points, or sumps for the project, and

3.6.2.5 Maximum daily quantity of water to be pumped in gallons and peak rate in gallons per minute.

3.6.3 Permits are valid for the duration of the project as described in the application. The operation of the dewatering system authorized by the permit shall cease on or prior to the expiration date of the permit.

3.6.4 The Department may require additional information concerning the operation of the dewatering system prior to issuance of the permit.

3.6.5 Withdrawals from dewatering systems are subject to the requirements of subsection 3.12 .12 of these Regulations.

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.

3.6.7 The owner of the dewatering system may be required to analyze the extent of potential impact to other permitted water users and submit the findings to the Department.

3.6.8 The owner of the dewatering system may be required to provide reasonable assurance that the operation will not cause erosion at the point of discharge or introduce unacceptable turbidity into the receiving water body.

3.6.9 Applications for multiple well points may be submitted on a single form provided that all well points are located on a single tax parcel and are identical in construction. For deep dewatering wells using submersible pumps, and sumps, separate applications are required for each.

3.7 Injection Well Application Procedures

3.7.1 A separate application is required for each well and each application shall show the total number, diameter, and spacing of injection wells for the entire system. The Department may require additional plans or drawings showing the overall operation of the injection system.

3.7.2 The Department will not issue well construction permits for wells that require a separate permit from the Underground Injection Control (UIC) program until the UIC permit is issued unless otherwise approved by the Department.

3.8 Closed Loop Heat Pump Application Procedures

3.8.1 The application shall show the total number, diameter, and spacing of vertical loops for one system on one form. The Department may require an additional site plan showing all closed loop locations for commercial-scale projects.

3.9 Monitor and Observation (Piezometer) Wells and Soil Boring Application Procedures

3.9.1 Applications for monitor and observation wells (piezometers) and soil borings that intersect the water table shall be submitted on forms provided by the Department.

3.9.2 Applications for a maximum of 10 monitor wells, observation wells (piezometers), or soil borings that intersect the water table may be submitted on a single paper form, or an unlimited number of monitor wells, observation wells (piezometers), or soil borings that intersect the water table may be submitted electronically provided the following applies:

3.9.2.1 All wells or soil borings are proposed with identical construction, and

3.9.2.2 All wells or soil borings are located on the same tax map parcel number and associated with one project, and

3.9.2.3 All wells or soil borings are screened in the same aquifer.

3.10 Application Procedures to Continue to Use Existing Wells

3.10.1 A permit to continue use is required when the Department has determined that an unrecorded well exists.

3.10.2 Applications for permits to use unrecorded wells shall, to the extent practicable, contain the same information as required in an application for a permit to construct a new well.

3.10.3 Unrecorded wells shall meet the requirements contained in these Regulations for the applicable well classification prior to being permitted.

3.11 Application Procedures to Reclassify Wells

3.11.1 Upon receipt of a complete application and the appropriate fee, the Department may consider approving a request to change an existing well from one classification to another.

3.11.2 Wells proposed for reclassification must meet the requirements contained in these Regulations for the proposed well classification.

3.11.3 Test wells may only be reclassified to observation, monitoring, or irrigation wells upon approval by the Department.

3.11.4 The Department may specify additional conditions with the reclassification that may include, but are not limited to, the conditions contained in the original well permit.

3.12 Permit Issuance Procedures

3.12.1 Advertising Requirements

3.12.1.1 Any permit application or combination of applications located on the same tax parcel, where the total estimated withdrawal is greater than 1 million gallons per day shall be advertised in newspapers of local and statewide circulation with a comment period of 15 days before issuance of the well permit(s). Fire protection wells are exempt from this requirement.

3.12.1.2 If the well permit has expired, or the requested water usage rate has increased, or well construction details or source aquifer has changed, then a new well permit application will be required. If the water usage rate has increased to over 1 million gallons per day, re-advertisement will be required.

3.12.1.3 The Department at its sole discretion and upon receipt of sufficient justification may issue the permit prior to the expiration of the above comment period on a case-by-case basis. In such cases the owner will be proceeding at their own risk with the permit still subject to public hearing requirements.

3.12.2 The Department shall take into account the hydrogeology, effect on water levels, sources of contamination, water quality, population density, water use, and other factors as may be relevant in the area of the proposed well to protect the water resources of the State and for the protection of human health.

3.12.3 The Department, in its discretion, may specify additional permit conditions including, but not limited to double casing, specialized grouting, water use or depth restrictions, advance notification prior to construction, special material requirements, geophysical logging, water quality sampling, and formation sampling.

3.12.4 The Department may not withhold an application for a permit for a potable well within the service territory served by a water utility under a CPCN or require an applicant to utilize the services of the utility in the CPCN area unless:

3.12.4.1 The Delaware Geological Survey or the Division of Public Health certifies that groundwater supply is inadequate or unsuitable for the intended permitted use; or

3.12.4.2 The water utility demonstrates that it can provide service of equal or better quality at lower cost; or

3.12.4.3 The permit applicant is a resident of a municipality, county water district authority, or a recorded development where public water is available. A public water supply is deemed reasonably available when a public water distribution line is located within 200 feet of the foundation of the structure or building being served.

3.12.5 Subsections 3.12.4.2 and 3.12.4.3 do not apply for permits for potable wells for a farm, farmlands, or the lands of an existing mobile home community.

3.12.6 The Department shall not withhold an application for a permit for a non-potable well in an area serviced by a water utility under a CPCN.

3.12.7 When a proposed potable, agricultural, heat pump, or miscellaneous well is to be located within the jurisdiction or service area of a municipality serving public water, the applicant shall include a written statement of approval from said municipality with the well permit application.

3.12.8 When a proposed potable, agricultural, heat pump, or miscellaneous well is to be located within the CPCN of a private public water provider, the Department shall notify the public water provider in writing.

3.12.9 The Department may require aquifer tests as a condition of certain well permits. These tests may require the construction and use of one or more observation or monitor wells. Aquifer tests shall be conducted in accordance with published aquifer test procedures.

3.12.10 An application that is denied pursuant to these Regulations will be returned to the preparer along with a letter of explanation, and a copy to the applicant.

3.12.11 All wells shall be used for their intended purpose and withdrawn water shall be put to beneficial use. If a well is not used for its intended purpose, the Department may order it to be properly sealed.

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.

3.13 Emergency Well Permitting

3.13.1 An emergency circumstance is deemed to exist when a well is replacing a failed well and when the Department determines that the lack of water poses an immediate danger to the health or welfare of persons or when the Department, in its discretion, has determined that other exceptional circumstances exist.

3.13.2 A permit number may be issued verbally during business hours for the installation of a well installed due to an emergency pursuant to subsection 3.13 .1. If the well permit number is issued prior to well installation of the well, the driller must obtain an authorization number from the Department to validate the well permit. Within 72 hours after issuance, the driller shall submit an application, applicable fee, and completion report. The Department may grant an extension to the completion report time frame upon request.

3.13.3 For an emergency when State offices are closed, a well may be constructed provided that the Department is notified on the first business day following such action. The driller shall submit an application, application fee, completion report, and sealing report for the replaced well, by close of business that day except for emergency replacement wells for irrigation wells that must be submitted within 72 hours after the Department has been notified. The Department may grant an extension to the completion report time frame upon request.

3.13.4 All wells constructed under emergency circumstances shall be constructed in conformance with these Regulations.

3.13.5 Any well that is constructed under emergency circumstances will not have been reviewed by the Department pursuant to subsection 3.12 .2. The driller must inform the owner that construction is at the owner's risk. The Department's review may result in the well being ordered sealed and relocated.

3.14 Well Relocation During Construction

3.14.1 An incomplete or newly constructed well may be relocated to adjust to newly discovered field conditions or to overcome a construction problem, under the authority of the original permit provided that:

3.14.1.1 The new location meets the siting requirements of these Regulations;

3.14.1.2 The new location is on the same tax parcel listed on the permit; and

3.14.1.3 The permit does not contain a condition that prohibits relocation.

3.14.2 The unsuccessful well, cased or uncased, shall be sealed pursuant to Section 10.0. The unsuccessful well shall be sealed concurrent with, or prior to, the construction of the relocated well.

3.14.3 Call in authorization must be canceled if the drill rig is removed from the site prior to construction of the relocated well. A new call in authorization number must be obtained prior to resuming construction.

3.14.4 The relocated well location must be clearly shown on the completion report.

3.14.5 Monitor, observation, or recovery wells or soil borings shall only be relocated within the boundary of the site plan accompanying the permit application(s).

3.15 Well Relocation Prior to Permit Issuance. If it is necessary to relocate a well as a result of the Department's hydrological review, the applicant may:

3.15.1 Submit a new application showing the revised location; or

3.15.2 Resubmit the original application showing the revised location, initialed by the well driller.

3.16 Cancellation of Permits. The Department shall have the right to void any permit for a well that has not yet been constructed for the protection and conservation of the water resources of the State or to protect public health as determined in the Department's discretion.

3.17 Permit Duration. A permit shall be valid for a period of one year from the date of issuance by the Department during which time the well may be constructed provided the call in authorization number has been obtained, except as required in subsection 3.6 .3.

3.18 Permit Extension. A permit extension request may be approved by the Department not to exceed two years from the original date of issuance.

3.19 Approval for Use

3.19.1 Well permits are issued for construction and use, except as noted in subsection 3.19 .2 and 3.19.3.

3.19.2 Any well or combination of wells located on the same parcel, where the total estimated yield or use is greater than 50,000 gallons per day are not authorized for use. Prior to putting the well into service the applicant, as defined in the Regulations Governing the Allocation of Water shall apply for a Water Allocation Permit. Fire protection wells are exempt from this requirement.

3.19.3 Prior to the use of a public well, the water supplier shall obtain approval from the Division of Public Health.

3.19.4 The Department may consider approving a request to change an existing well from one classification to another pursuant to subsection 3.11.

3.20 Permit Transfer. A well permit is not transferable unless approved by the Department with written request by the owner.

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.

7 Del. Admin. Code § 7301-3.0

20 DE Reg. 180 (9/1/2016)<linebreak/> 20 DE Reg. 374 (11/1/2016) (Final)