12 Va. Admin. Code § 5-630-380

Current through Register Vol. 41, No. 8, December 2, 2024

Section 12VAC5-630-380 - Well location

A. The private well shall be sited for the protection of public health and the aquifer, with appropriate consideration given to distance from potential contamination sources; vulnerability to known or suspected natural risks (e.g., flooding); potential for interference with utilities; accessibility for drilling machinery and support equipment; and safety of the public and well construction personnel.

B. Sanitary survey. Obvious sources of potentially toxic or dangerous substances within 200 feet of the proposed private well shall be investigated as part of the sanitary survey. Sources of contamination may include items listed in Table 1; abandoned wells; pesticide treated soils; petroleum or chemical storage tanks, drums, totes, or other storage containers (aboveground and underground); and other sources of physical, chemical, or biological contamination. If the source of contamination could affect the well adversely, and preventive measures are not available to protect the groundwater, the well shall be prohibited. The minimum separation distance between a private well and structures, topographic features, or sources of pollution shall comply with the minimum distances shown in Table 1.

TABLE 1 SEPARATION DISTANCES (IN FEET) BETWEEN A WELL AND A STRUCTURE OR TOPOGRAPHIC FEATURE
Feature	Minimum Separation Distance				Exceptions
	Class IIIA/B	Class IIIC	Class IVA/B	Class IVC
1. Building foundation	15	15	15	15	10 feet if structure is treated with borate based termite treatment
2. House sewer line a. Constructed of cast iron pipe with water-tight caulked joints; mechanical joints using neoprene gaskets; or solvent welded Schedule 40 or better PVC pipe - provided the well is cased and grouted to water bearing formation	10	10	10	10	None
b. Other or unknown construction; or if well is not cased and grouted to water bearing formation	50	50	50	50	None
3. Sewer main, including force main a. Constructed of ductile iron pipe with water-tight joints; solvent welded Schedule 40 or better PVC (SDR-35 plastic PVC with neoprene gaskets) - provided the well is cased and grouted to water bearing formation	35	35	35	35	None
b. Other or unknown construction; or if well is not cased and grouted to water bearing formation	50	50	50	50	None
4. Sewerage system	50	50	50	50	None
5. Active or permitted pretreatment system (e.g., septic tank or aerobic unit)	50	50	50	50	None
6. Active or permitted drainfield (including reserve drainfield).	50	100	50	100	None
7. Other contamination source (e.g., petroleum storage tank, drum, tote or other container aboveground or underground, barnyard, landfill, animal lot, fertilizer or pesticide storage)	50	100	50	100	Tanks containing propane or other liquified petroleum gases are not deemed sources of contamination. However, the National Fire Protection Association Liquified Petroleum Gas Code (NFPA-58) recommends a minimum of 10 feet from sources of ignition.
8. Permanently abandoned sewage disposal systems	25	25	25	25	None
9. Reclaimed water distribution pipeline	50	50	50	50	35 feet if RWDP is constructed of water pipe material in accordance with 9VAC25-740-110.
10. Biosolids application fields (as field is defined in 9VAC25-32-10)	100	100	100	100	No separation distance applies if biosolids have not been applied within the 12 months preceding well construction.
11. Bioretention pond a. Unlined	50	50	50	50
b. Lined	10	10	10	10
12. Cemetery	50	100	50	100	None
13. Sewage dump station	50	100	50	100	None
14. Property line a. All properties except as described in subdivision 14 b of this table	5	5	5	5	None
b. With an adjacent property of three acres or larger used for an agricultural operation as defined in § 3.2-300 of the Code of Virginia.	50	50	50	50	Exemption for reduced distance applies if the adjacent property owner grants written permission for construction within 50 feet of the property line, or if it is certified that no other site on the property complies with the regulations for construction of a private well.

C. Downslope siting of wells from potential sources of pollution. Special precaution shall be taken when locating a well within a 60 degree arc directly downslope an existing or intended onsite sewage disposal system or other known source of pollution identified in subsection B of this section, including Table 1. The minimum separation distance shall be (i) increased by 25 feet for every 5.0% of slope or (ii) an increase shall be made to the minimum depth of grout and casing in the amount of five feet for every 5.0% of slope.

D. Sites in areas subject to flooding. No private well covered by this chapter shall be located in areas subject to the collection of pollutants such as swampy areas, low areas, or areas subject to flooding. Wells located in flood plains shall be adequately constructed so as to preclude the entrance of surface water during flood conditions. At a minimum, such construction will include extending the well terminus 18 inches above the annual flood level and grading to provide positive drainage in all directions. Other requirements may be made as determined on a case-by-case basis by the division.

E. Property lines. The owner is responsible for establishing a separation distance from property lines such that the construction and location of the well will be on the owner's property and comply with any local ordinances. No private well shall be constructed within five feet of a property line. If the proposed private well is on a property adjoining properties of three acres or larger used for an agricultural operation, no private well shall be constructed within 50 feet of the property line except as exempted by the following:

1. A notarized letter from the adjacent property owner that grants permission to construct a well within 50 feet of the property line. The statement shall be recorded and indexed in the land records of the circuit court having jurisdiction over the property where the well is to be located; or

2. A certification statement from a licensed onsite soil evaluator, professional engineer, or licensed water well systems provider confirms that no other well location on the property complies with this chapter. Reasons that a well location on a property may not comply with this chapter include:

a. The property is not large enough to allow a location of a well 50 feet or more from the property line. In this case, the well should be located at the greatest distance from the property line consistent with this chapter.

b. The location of a well 50 feet or more from the property line prevents separation distance requirements identified in 12VAC5-630-380 B being achieved on the property, provided that required separation distances can be achieved if the well is located fewer than 50 feet from the property line. In this case, the well should be located at the greatest distance from the property line consistent with this chapter. Well owners shall not be obligated to undertake otherwise optional actions, such as substitution of an alternative onsite sewage system in place of a conventional system where a conventional system is suitable, solely to comply with the requirement to maintain a 50-foot separation distance from an adjoining property of three acres or larger used for an agricultural operation.

c. The location is inaccessible to well drilling equipment as a result of topography, surface water, structures, existing onsite sewage system components, overhead or buried utilities, or other obstacle.

d. Other reasons that a well located greater than 50 feet from the property line may not comply with this chapter may be considered by the division on a case-by-case basis.

F. Utility lines. There is no minimum separation distance between a private well and subsurface utility lines (electric, gas, water, cable, etc.). The minimum separation distance may, however, be established by the individual utility company or local ordinance. Clearance distance from overhead electrical utilities relative to drilling equipment is subject to an Occupational Safety and Health Administration or related safety standard, and this factor shall be considered in determination of well location. No private well shall be constructed within a utility easement without documentation of permission from the utility.

G. Permanently abandoned sewage disposal systems.

1. No private well shall be constructed within 25 feet of a permanently abandoned sewage disposal system. The following criteria is to determine if a sewage disposal system is permanently abandoned.

a. The drainfield is no longer connected to a structure or other sewage source.

b. The drainfield has been inactive for at least 24 consecutive months.

c. The septic tank and distribution box have been pumped, limed, crushed, and either filled with an inert material or removed from the site.

2. Documentation of disconnection may include:

a. A statement from the owner of the drainfield.

b. A notification of onsite sewage system abandonment recorded and indexed in the grantor index of the land records of the circuit court having jurisdiction over the site where the sewage system is located.

c. A contractor invoice or other record documenting system disconnection, including disposition of septic tank and distribution box.

d. Record from a public sewer operator indicating date of connection.

3. Abandoned sewage disposal systems that do not meet the requirements of this subsection shall be treated as active systems with respect to determining the minimum separation distance to sources of contamination listed in Table 1.

H. Reclaimed water distribution pipeline. No private well shall be placed closer than 50 feet from a reclaimed water distribution pipeline. This separation distance can be reduced to 35 feet provided that the reclaimed water distribution pipeline is constructed from a water pipe material in accordance with American Water Works Association (AWWA) specifications and pressure tested in place without leakage prior to backfilling. The hydrostatic test shall be conducted in accordance with the AWWA standard (ANSI/AWWA C-600-05) for the pipe material, with a minimum test pressure of 30 psi. A Class IV well located closer than 35 feet from a reclaimed water distribution pipeline shall not be converted to a Class III well.

I. Biosolids application field. No private well shall be placed closer than 100 feet from a field, as defined in 9VAC25-32-10, on which biosolids are being applied or have been applied within the previous 12 months.

J. Bioretention pond. No private well shall be placed closer than 50 feet from an unlined bioretention pond or 10 feet from a lined bioretention pond. A Class IV well shall not be converted to a Class III well if the Class III well separation distance is not met.

K. Exception for closed-loop ground-source heat pump wells. Closed-loop ground-source heat pump wells, depending upon construction, may not have to comply with the minimum separation distances for Class IV wells listed in Table 1. If the well is grouted 20 feet, the minimum separation distances must comply with those listed for Class IV wells. If the well is grouted a minimum of 50 feet, the separation distances shall be those listed for Class IIIA or IIIB wells. If the well is grouted the entire depth of the well, the well does not have to comply with the minimum separation distances contained in Table 1.

12 Va. Admin. Code § 5-630-380

Derived from VR355-34-100 §3.4, eff. April 1, 1992; Amended, Virginia Register Volume 41, Issue 04, eff. 11/6/2024.

Statutory Authority: §§ 32.1-12 and 32.1-176 of the Code of Virginia.