SUMMARY

This rule describes the examination and license requirements for persons and companies that perform well drilling, pump installation and hydrofraturing. This rule also prescribes a code of conduct for well drillers and pump installers.

BASIS STATEMENT

The Maine Water Well Program was authorized and established by the Maine Legislature to provide the public with the highest quality drinking water possible by ensuring that water wells are drilled, constructed, altered or abandoned in a manner that protects ground water from contamination.

COMMENTS

None received.

NON-DISCRIMINATION NOTICE

In accordance with Title VI of the Civil Rights Act of 1964, as amended by the Civil Rights Restoration Act of 1991 (42 U.S.C. 1981,2000d et seq.) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and Title IX of the Education Amendments of 1972, the Maine Department of Human Services does not discriminate on the basis of sex, race, color, national origin, disability or age in admission or access to or treatment or employment in its programs and activities.

TABLE OF CONTENTS

CHAPTER 1 - DEFINITIONS

General

Definitions

CHAPTER 2 - GENERAL REQUIREMENTS

Application Procedure

Grandfather Clause; Transition

Minimum Work Experience

Examinations

Registration

Reciprocity

Drilling Rigs

Complaints and Investigations

Compliance with Other Laws and Rules

Penalties

Severability Clause

CHAPTER 3 - CODE OF ETHICS

Contents

CHAPTER 4 - NEW WATER WELL CONSTRUCTION

Water Well Location

Standard Practice for Construction of Wells Drilled in Bedrock

Termination of Well Casings Below Ground Surface

Standard Practice for Construction of Wells Drilled in Unconsolidated Materials

Standard Practice in Development of Well Yield

Standard Practice for Disinfection

Well casing Extensions

Recommended Minimum Flow Rates

CHAPTER 5 - ABANDONMENT OF WELLS

SECTION 100.0 GENERAL

100.1 Requirements: All well drillers and pump installers shall comply with the applicable rules.

100.2 Scope: Unless otherwise expressly stated, the following terms shall, for the purpose of this rule, have the meanings set forth in the following sections.

100.3 Interchangeability: Words used in the present tense include the future tense; words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural includes the singular.

100.4 Terms not defined: Terms not defined in the following sections shall have ascribed to them their ordinarily accepted meanings such as the context may imply.

SECTION 101.0 DEFINITIONS

Abandonment: The complete sealing of a well or borehole with grout or other impermeable material to prevent contamination of the aquifer.

Apprentice pump installer: “Apprentice pump installer” means a person who is engaged to work at and learn the trade of water well pump installation, repair and maintenance under the direct supervision of a master or journeyman pump installer. A person who is licensed under chapter 49 as a master plumber is not required to register with the commission as a pump installer.

Apprentice well driller: A person who is engaged to work at and learn the trade of well drilling under the direct supervision of a master or journeyman well driller.

Bentonite: Means a clay which consists of a majority of montmorillonite and expands by absorbing water. It is commercially available in a variety of forms designed to add viscosity to drilling fluids or to create a seal of low hydraulic conductivity.

Borehole: See well or water well.

Commission: Maine Water Well Commission

Department: The Department of Health and Human Services

Development: The act of flushing or pressurizing the aquifer to increase the efficiency, and clean the well.

Disposal Field: Any system designed to dispose of waste or waste water on or beneath the surface of the earth; includes, but is not limited to: crushed rock or chambered disposal fields; grandfathered cesspools; or any other fixture, mechanism, or apparatus used for those purposes.

Drilling rig: A mechanical device used to drill, drive, or bore water wells.

Drive shoe: A hardened steel cylinder designed to be welded or threaded onto the end of the steel casing and manufactured to provide a seal to the bedrock surface.

Gravel packed well: A type of gravel well in which filter material is placed in the annular space to increase the effective diameter of the well, and to prevent fine-grained sediments from entering the well.

Gravel Well: A well drilled and completed in unconsolidated surficial deposits of sand, gravel or till.

Ground water: The water contained within the interconnected pores, cracks or fractures located below the water table of a confined or unconfined aquifer.

Grout for abandonment: Means a fluid mixture of cement and water, bentonite and water or both, possibly with additives, of a consistency which can be forced through a pipe and which is designed to provide a seal.

Holding Tank: A closed watertight structure designed and used to receive and store waste water or septic tank effluent. A holding tank does not discharge waste water or septic tank effluent to surface or ground water or onto the surface of the ground. Holding tanks are designed and constructed to facilitate ultimate disposal of waste water at another site.

Hydrofracturing: A process of putting hydraulic pressure on the bedrock surrounding the borehole that has been drilled for the purpose of enhancing the quantity of water.

Jaswell type seal: A flexible rubber like collar with circular rings designed to provide a water tight seal between the well casing or liner and a larger diameter hole. Although one such seal is manufactured by the Jaswell Corporation, in these rules the term means all similar products of other manufacturers.

Journeyman pump installer: “Journeyman pump installer” means a person doing the work of pump installation, repair or replacement who is in the employment of a master pump installer. A person who is licensed under chapter 49 as a master plumber is not required to register with the commission as a pump installer.

Journeyman well driller: A person doing the work of drilling, driving or boring wells who is in the employment of a master well driller.

Lift Station: A closed, water tight structure equipped with a sewage pump and designed and used to receive and store waste water or septic tank effluent and then pump the waste water or effluent to a disposal field.

Master pump installer: “Master pump installer” means a person firm or corporation engaged in the installation, repair or replacement of a pump in a water well. The licensure of a master pump installer under this chapter must specify the name of the person licensed. In the case of a firm, the person registered as a master pump installer must be a member or employee of the firm. In the case of a corporation, the person registered as a master pump installer must be an employee of the corporation or an officer of the corporation.

Master well driller: A person, firm or corporation engaged in the business of drilling, driving or boring wells. The licensure of a master well driller under this chapter must specify the name of the person licensed. In the case of a firm, the person licensed as a master well driller must be a member or employee of the firm. In the case of a corporation, the person licensed as a master well driller must be an employee of the corporation or an officer of the corporation.

Non-submersible pump: Mechanical device that is used to move water from the well to higher elevation and the pump and motor are installed outside the well.

Open end casing: Casing terminated in a gravel aquifer without a screen.

Open hole setting: Installing casing when the overburden is stable enough to remain free of impediments.

Overburden: The loose soil, silt, sand, gravel, or other unconsolidated material overlaying bedrock.

Packer: Down-hole equipment consisting essentially of a sealing device, a holding or settling device, and an inside passage for fluids. It is used to block the flow of fluids through the annular space between the tubing and the wall of the well-bore, or between the tubing and the casing, by sealing off the space between them.

Perforated casing: A series of openings in a well casing, made either before or after installation of the casing to permit the entrance of water into the well.

Permanent Structure: A building, constructed to house people, vehicles, or equipment and supplies, of sufficient size and weight, or anchored to the ground in such a way, that it is unreasonable to relocate it for the purpose of drilling a water well.

Potable: Water suitable for drinking.

Public Water Supply: A public water supply is one which serves 25 or more people for at least 60 days per year or which has at least 15 service connections. Examples include water districts, mobile home parks, campgrounds, restaurants, apartment buildings, and hotels.

Pump Installation Company: “Pump installation company” means a person, firm, partnership or corporation that is engaged in the trade of water well pump installation, repair or replacement.

Pump installer: “Pump installer” means an apprentice pump installer, journeyman pump installer or master pump installer. A person who is licensed under chapter 49 as a master plumber is not required to register with the commission as a pump installer.

Pump or pump system: “Pump or pump system means” Mechanical equipment or a device used to remove water from a well including all piping and wiring up to the existing equipment in the structure.

Road box: A covered box of adequate size and strength to provide protection for the top of a well that has been terminated below the surface of the ground, from foot and vehicle traffic.

Rules: Means these rules.

Sealed Vault Privies: See “Septic Tank”

Septic Tank: A septic tank is a watertight receptacle which receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention and allow the liquids to discharge into the soil outside of the tank through a system approved by the Administrative Authority. Sealed vault privies are considered “septic tanks” for the purpose of setback distances.

Shale packer: A flexible rubber like cone collar designed to fit between a well casing or liner and a larger diameter hole. The collar prevents material placed above it from passing by it and into the well below.

Submersible pump: Mechanical device that is used to move water from the well to higher elevation and is completely submerged in the well.

Surface water: Water occurring above the ground water table.

Underreamer: Method of drilling borehole, and installing casing at the same time. The underreamer bit extends to drill a slightly larger bore than the O.D. of the casing, then it is retracted after the borehole is drilled.

Well driller: An apprentice well driller, journeyman well driller or master well driller.

Well drilling company: “Well drilling company” means a person, firm, partnership or corporation that owns or otherwise operates any mechanical equipment used to drill, drive or bore water wells.

Well, Water Well or Borehole: Any hole drilled, driven or bored into the earth used to extract drinking water. The terms "well" and "water well" do not include:

1. Dug wells;

2. Monitoring wells;

3. Wells constructed exclusively for the relief of artesian pressure at hydroelectric projects;

4. Wells constructed for temporary dewatering purposes;

5. Wells constructed for the purposes of extracting oil, gas or brine; and

6. Wells on private property for private use that are constructed by the property owner or lessee of the property.

Well screen: Serves as the intake section of the well that obtains water from an aquifer of unconsolidated materials such as sand.

Yield: The volume of water discharged from a well in gallons per minute.

CHAPTER 2

SECTION 200.0 APPLICATION PROCEDURES

200.1 General: Effective January 1, 1994, a person may not engage in the business of constructing water wells within the State or engage in the installation, repair or replacement of a pump in a water well unless licensed with the Commission. All licensed well drillers and pump installers must be in the charge of a licensed well drilling or pump installation company. A company license is valid only while the company employs at least one licensed master well driller for a well drilling company or one licensed master pump installer for a pump installation company. An application request for the well driller and pump installer examination/license shall be on an application form furnished by the Department and requires the information set forth in the Section.

200.2 References: Three (3) references shall be submitted by persons who have a professional knowledge of the applicant's work. At least one reference must be from a master well driller for applicants for a well drillers license, and a master pump installer for applicants for a pump installers license.

200.3 Work experience: Documentation showing that the minimum work experience criteria set forth in Section 202.0 has been met. Failure to provide appropriate evidence of work experience will result in the denial of an application.

200.4 Time frame: The applicant's request for examination/license, along with the completed application and reference forms, must be received by the Department no later than thirty (30) days prior to the examination date.

200.5 Application review / examination fee: Twenty-five (25) dollars shall be submitted with each application and is non-refundable. This fee covers the initial application review and one examination. Checks shall be made payable to Treasurer of State.

200.6 Exemptions: This subsection does not prevent a person from making pump system installations, alterations, repairs or replacements in a single-family residence owned and occupied by that person and to be occupied by that person as a bona fide personal abode, providing the installation, alteration, repair or replacement conforms to the standards set forth in this chapter and any rules adopted by the Maine Water Well Commission or the department. This subsection does not prevent a person from removing and replacing an existing pump for the purpose of well inspection or to test pumping if the pump and electrical system are not being modified.

200.7 Applicability: These rules are applicable when determining the appropriate setbacks for new water supply wells from existing disposal system components. The Maine Subsurface Waste Water Disposal Rules, 144A CMR 241, are the applicable rules for determining the appropriate setbacks for new or replacement disposal system components from existing water supply wells. When both a new water supply well and a new or replacement disposal system are being designed simultaneously homeowners are advised to verify that the proposed well location does not conflict with requirements of the Maine Subsurface Waste Water Disposal Rules.

SECTION 201.0 GRANDFATHER CLAUSE; TRANSITION

201.1 License conversions: Any person registered by the Commission on May 5, 2002 as a pump installer who is in good standing shall be licensed as a master pump installer.

201.2 After May 5, 2002: Persons seeking either initial pump installer licensure or an upgrade to either master pump installer or journeyman pump installer licensure by the Commission subsequent to May 5, 2002 must meet the appropriate minimum work experience criteria set forth in Section 202.0 and successfully complete the appropriate examination set forth in section 203.0

SECTION 202.0 MINIMUM WORK EXPERIENCE

202.1 General: The minimum work experience required for an initial grandfathered and any future license is set forth in this section.

202.2 Master well driller: A master well driller must have a minimum of three (3) years experience in well drilling and have worked an average of 1000 hours per year as a licensed journeyman well driller for each of those years.

202.3 Journeyman well driller: A journeyman well driller must have at least one (1) year experience in well drilling and have worked at least 1000 hours during that year as a licensed apprentice well driller.

202.4 Apprentice well driller: An apprentice well driller is an applicant who is not eligible under subsections 202.2 or 202.3.

202.5 Master pump installer: A master pump installer must have a minimum of three (3) years experience as a pump installer and have worked at least 350 hours as a licensed journeyman pump installer during each of those years.

202.6 Journeyman pump installer: A journeyman pump installer must have at least one (1) year experience in pump installing and have worked at least 350 hours during that year as a licensed apprentice pump installer.

202.7 Apprentice pump installer: An apprentice pump installer is an applicant who is not eligible under subsection 202.6.

202.8 Work experience from another state: The Commission may consider work experience obtained from another state for satisfying the relevant requirements of sections 202.2, 202.3, 202.4, 202.5 and 202.6 on a case-by-case basis. For any state with comparable licensing or registration requirements, applicants shall be required to provide a copy of a valid license or registration and evidence of good standing with the regulatory agency from that state which has jurisdiction over well drillers in addition to references and proof of appropriate work experience. For states without comparable licensing or registration requirements, the Commission may require any information it deems necessary to verify adequate work experience and demonstrate good standing in that state in addition to appropriate references and other required information.

SECTION 203.0 EXAMINATIONS

203.1 Qualifying: Only persons meeting the work experience criteria set forth in Section 202.0 and having suitable references as determined by the Commission will be admitted to the examination.

203.2 Examination dates: Examinations shall be held on dates and places as determined by the Department, but in no case shall the Department hold less than one (1) examination per calendar year.

203.3 Examination fee: The twenty-five (25) dollar fee in Section 200.5 includes the costs for one examination. Applicants needing to retake an examination or wishing to take another examination, shall submit a new application along with the application fee set forth in Section 200.5.

203.4 Examination content: The written examination focuses on the principles of water well drilling, abandonment of water wells, and the installation of water well pumps.

203.5 Master well driller examination: To upgrade from a journeyman well driller to a master well driller requires a score of seventy (70) unscaled on each master well driller examination.

203.6 Journeyman well driller examination: To upgrade from an apprentice well driller to a journeyman well driller requires a score of seventy (70) unscaled on the journeyman well driller examination.

203.7 Master pump installer: To upgrade from an journeyman pump installer to a master pump installer requires a score of seventy (70) unscaled on the master pump installer examination.

203.8 Journeyman pump installer: To upgrade from an apprentice pump installer to a journeyman pump installer requires a score of seventy (70) unscaled on the journeyman pump installer examination.

SECTION 204.0 Licensure

204.1 General: The Department shall issue a license to an applicant who meets the qualifications as set forth in Sections 202.0 and 203.0 and this Section.

204.2 Renewal date: Licenses shall be renewed the first day of January of each year by submitting the renewal application form and registration fee, provided his/her record of compliance with these rules and standards and applicable statutes is acceptable to the Department.

204.3 Renewal of license: If a licensee has not complied with the rules and standards and applicable statutes, the Commission or Department shall notify the licensee that the license shall not be renewed and the reasons for such action. A licensee who receives a notification may request a hearing before the Commission (207.5). A license shall not expire until final agency action has been taken.

204.4 Reinstatement of lapsed licenses: Well drillers and pump installers who allow a license to lapse for more than three (3) years will be required to take an examination and pay the examination fee. After successful completion of an examination and provided his/her record of compliance with these rules and standards and applicable statutes is acceptable to the Department, a license will be issued upon receipt of the appropriate licensure fee. Licenses that have lapsed for less than three (3) years may be reinstated by paying the current year’s license fee and lapsed years fees.

204.5 License required: No individual or company shall perform drilling or pump installation, repair or replacement without an appropriate and current license.

204.6 Company Licenses: One well drilling company license shall be issued for each well drilling company that employs at least one licensed master well driller, pays the appropriate fees and makes application to the commission, and to each pump installation company that employs at least one licensed master pump installer, pays the appropriate fees and makes application to the commission.

204.7 The licensure fee(s) is as follows:

204.7.1 $120.00 - Master Well Driller

204.7.2 $88.00 - Journeyman Well Driller

204.7.3 $ -0- Apprentice Well Driller

204.7.4 $ 60.00 - Master Pump Installer

204.7.5 $ 40.00 - Journeyman Pump Installer

204.7.6 $ -0- Apprentice Pump Installer

204.7.7 $10.00 - Well Drilling Company

204.7.8 $10.00 - Pump Installation Company

Make checks payable to Treasurer of State.

SECTION 205.0 RECIPROCITY

205.1 General: The commission may issue a license without examination, in a comparable classification, to any person who holds a registration or license in any state, territory or possession of the United States or any country, if the commission determines that the requirements for licensure of well drillers or pump installers under which the person's license was issued do not conflict with this rule or the code of performance adopted by the commission under this rule.

SECTION 206.0 Vehicle Identification

206.1 Required rig and pump service vehicle identification: A company shall display its license number on both sides of each drilling rig and pump service vehicle.

206.1.1 Size of numbers: The numbers and/or letters shall be 1.5" in size and located immediately adjacent to the Maine Water Well Commission seal.

206.1.2 Contrasting colors: The license number and rig number and/or letter shall be of a contrasting color to the drilling rig and pump service vehicle.

SECTION 207.0 CONTRACTS

207.1 Contracts and Complaints: In the absence of a written agreement, whose terms satisfactorily address water quality or water quantity, the Commission may apply any of the recommended practices established in these rules as the standard upon which to evaluate a complaint against a driller or pump installer related to the drilling of a water well or installation of a water pump.

SECTION 208.0 SEVERABILITY CLAUSE

208.1 General: If any section, subsection, sentence, clause, phrase or portion of these rules is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these rules.

SECTION 400.0 WATER WELL LOCATION

400.1 Scope: This Chapter governs the horizontal setback distances between new water supply wells and disposal fields, septic tanks, holding tanks and lift stations.

400.1.1 General: The minimum setback distances from waste water systems set forth in this rule are designed to minimize water well contamination by waste water disposal systems. A well driller must make every reasonable effort to determine the location of all septic system components on the subject property and any adjacent properties of concern. The natural flow of ground water on a particular piece of property, as well as the type of water well and the manner in which it will be constructed, are primary considerations when siting a water well in relationship to a waste water disposal systems. This section establishes minimum setback distances for private wells from waste water disposal fields, septic tanks, holding tanks and lift stations and provides for reductions to those distances for bedrock wells when one or more of the conditions defined in section 400.2 below exists at a drilling site.

400.1.2 Public Water Supply Wells: The State of Maine Rules Relating to Drinking Water, Section 3, describes the approval process for a new well which will serve a public water supply and states that “no new production well shall be installed prior to preliminary approval being granted in writing by the Department of Health and Human Services.” Examples include water districts, mobile home parks, campgrounds, restaurants, apartment buildings and hotels. Any setbacks for public water supply wells from septic systems or other potential sources of contamination shall be determined by the Department of Health and Human Services during the preliminary approval review process. See definition in Chapter 1.

Point of Contact is:

Maine Drinking Water Program

#11 State House Station

Augusta, ME 04333-0010

Telephone (207)287-2070

400.1.3 Gravel Wells: The minimum setbacks provided for in this Chapter cannot be reduced for gravel wells without a specialty well application as provided for in Section 400.7 having been approved by the Commission prior to drilling.

400.2 Minimum Setback Distances Between Water Supply Wells, and Disposal Fields : The minimum horizontal setback distance of a water supply well from a waste water disposal field designed to treat less than 2,000 gpd (gallons per day) is 100 feet, and the minimum horizontal setback distance of a water supply well from a waste water disposal field designed to treat 2,000 gpd or more is 300 feet, except as provided for in Sections 400.3 and 400.7.

400.2.1 Wells intended to serve Public Water Supplies, as defined in Chapter 1 of these rules, must be approved in writing by the Department of Health and Human Services prior to being drilled and shall be constructed with a setback from disposal fields or other potential sources of contamination as required by the Department of Health and Human Services, Drinking Water Program.

400.3 Reduction in Minimum Setback Distances Between Bedrock Water Supply Wells and Disposal Fields: The well driller, after consultation with the property owner or customer, may determine that it is not practical to maintain the minimum setback distances from disposal fields as specified in Section 400.2. In these instances, the minimum setback distance for bedrock water supply wells may be reduced, depending upon the amount of casing or liner seal installed below ground level, as provided in Table 400.1 for the following reasons:

a) the size of the property is not sufficient to allow for the required setback; or

b) sufficient setbacks from other potential sources of contamination cannot be met; or

c) excessive slopes prohibit access; or

d) the location of permanent structures would result in unreasonable impacts or damage to the structures; or

e) the location of lakes, ponds, streams or wetlands prohibits meeting the required setback; or

f) the presence of bedrock at or within three vertical feet the surface would result in unreasonable trenching requirements.

In these cases a bedrock well must be installed and the setback reductions set forth in Table 400.1, shall be used. In addition, a Setback Reduction Notification Form as described in Section 400.5 must be completed. All other reasons for reducing the setback from a bedrock well to a disposal field shall require a Specialty Well application approved by the Commission prior to drilling. In no case shall the minimum setback be reduced to less than 60 feet from disposal fields designed for less than 2,000 gpd, or 180 feet in the case of wells with sewage systems designed for 2000 gpd (gallons per day) or more, without written approval of a Specialty Well application as described in Section 400.7 by the Commission.

400.3.1 Reduction in Minimum Setback Distances Between Gravel Water Supply Wells and Disposal Fields There is no setback reduction allowed for gravel wells without a Specialty Well application approved by the Commission as described in Section 400.7.

Table 400.1

Reduction in disposal field setbacks, for bedrock wells and a Wastewater Disposal Field

Depth of Well

Casing or Liner

Seal Below

Ground Level

Minimum

Setback Distance for Disposal System

< 2,000 gpd

Minimum Setback Distance for Disposal System

> 2,000 gpd

40 feet

90 feet

270 feet