Current through Register Vol. XLI, No. 15, April 12, 2024
Section 64-19-4 - Permits to Install4.1. After the effective date of this rule, no person shall drill, construct, alter or abandon a water well unless the Commissioner, pursuant to this rule, has issued a valid permit, except where the emergency procedures set forth in subsection 4.3 of this rule apply.4.2. A permit to drill, construct, alter or abandon a water well shall be obtained jointly by the water well contractor and property owner. Application for the permit shall be made at least fifteen calendar days prior to the actual well drilling, construction, alteration or abandonment unless emergency conditions prevail as set forth in subsection 4.3 of this rule.4.3. The following applies to emergency water well permits: 4.3.a. The Commissioner may issue an emergency water well permit to minimize actual or potential harm to human health, the environment or property;4.3.b. A certified well driller requesting an emergency permit under this section shall contact the Commissioner no later than the next business day after the emergency occurs. The certified well driller shall submit a completed water well permit application and a well completion report to the Commissioner within five calendar days after the initial contact is made; and 4.3.b.1. The application shall include a clear and concise factual description of the nature and scope of the emergency.4.3.c. The Commissioner, upon issuance of an emergency permit, shall assign to the well driller an emergency permit number and specify the date of approval. The well driller shall make the approved permit available for any on-site inspection by authorized representatives.4.4. Water wells shall be drilled, constructed, altered or abandoned in accordance with the Bureau's rules, Water Well Design Standards, 64CSR46, and Public Water Systems Design Standards, 64CSR77. These standards constitute the minimum standards for the drilling, construction, alteration or abandonment of a water well, pump and pumping equipment. Any plans approved by the Commissioner pursuant to this rule shall be in substantial compliance with this rule-mentioned standards. Where applicable, an underground injection control permit shall be obtained from the West Virginia Department of Environmental Protection in compliance with DEP's rule, Underground Injection Control, 47CSR13, prior to construction for a water well.4.5. Application for a permit to construct, alter and abandon water wells shall be made to the Commissioner on forms prescribed by the Commissioner. The master water well driller and property owner shall jointly sign this application. By signing this application, the property owner acknowledges that the information provided on the application is true; the property owner is responsible for informing the certified well driller of the location of any known existing or proposed on-site sewage systems and ensuring that these systems are in compliance with other all applicable state rules.4.6. In cases where a water well contractor is changed, the applicable permits shall be reissued to reflect these changes prior to construction. No additional permit fee is required.4.7. In the event the permit application is denied, the Commissioner shall state, in writing, the one or more reasons for denial and furnish it to the applicant within fifteen calendar days from receipt of the permit application.4.8. A permit, unless revoked, is valid for a period of one year from the date of issuance. In the event the construction or alteration is not completed within that time, the Commissioner may extend the time limit upon written request by the permittee. If the water well is not constructed within the appropriate period, a new well permit shall be obtained from the Commissioner prior to the start of any well drilling activity pursuant to subsection 4.5 of this rule.4.9. The Commissioner may revoke or deny a permit to install if the applicant or permittee fails to comply with the provisions of the permit, any applicable provision of the rules or orders issued pursuant thereto. The revocation or denial shall be in writing and shall state the reasons for revocation or denial. 4.10. Any person, whose application for a permit to construct a water well system that has been revoked or denied, may, within thirty calendar days from receipt of the permit denial or revocation, request a hearing in accordance with section 14 of this rule.4.11. The following activities may be conducted by a certified well driller without an individual permit issued by the Commissioner:4.11.a. The repair of any well, including redevelopment, cleaning or screen replacements, provided that this does not include deepening of the well; and4.11.b. Acidizing a well.4.12. The Commissioner may inspect the well site, well logging, grouting and provide for taking of geologic or water samples, or both.4.13. The Commissioner may charge a fee for each permitting service listed in Appendix A of this rule.4.14. Upon issuance of a permit, the Commissioner shall provide the owner and contractor with information prepared by the Commissioner explaining the importance of water well sampling, the procedures for sampling, and how the water can be tested to assure a safe supply of water.