PRINTER'S NO. 1003
No. 870 Session of 2001
INTRODUCED BY GREENLEAF, MUSTO, CONTI, GERLACH, LEMMOND,
MADIGAN, O'PAKE, SCHWARTZ, STACK, THOMPSON AND WAGNER,
MAY 11, 2001
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 11, 2001
AN ACT
1 Providing for the regulation of the location and construction of
2 water wells, for licensing water-well contractors and for the
3 collection of information on groundwater quality and
4 quantity; conferring powers and duties on the Department of
5 Environmental Protection; creating the Water-Well
6 Construction Technical Advisory Committee; establishing the
7 Water-Well Construction Fund; and imposing penalties.
8 TABLE OF CONTENTS
9 Section 1. Short title.
10 Section 2. Legislative findings and declaration of purpose.
11 Section 3. Definitions.
12 Section 4. Power and duties of Environmental Quality Board.
13 Section 5. Power and duties of Department of Environmental
14 Protection.
15 Section 6. Certification board.
16 Section 7. Powers and duties of local agencies.
17 Section 8. Licensing of water-well contractors and permitting
18 of water-well rigs.
19 Section 9. Certification of water-well drillers.
20 Section 10. Water-well registration.
1 Section 11. Water quality analysis and well yield reports.
2 Section 12. Interim fees and requirements.
3 Section 13. Recordkeeping and reports.
4 Section 14. Water-Well Construction Technical Advisory
5 Committee.
6 Section 15. Penalties and remedies.
7 Section 16. Local agency hearings and appeals.
8 Section 17. Water-Well Construction Fund.
9 Section 18. Transfer of funds.
10 Section 19. Status of existing licenses and permits.
11 Section 20. Savings provision.
12 Section 21. Severability.
13 Section 22. Repeal.
14 Section 23. Applicability.
15 Section 24. Construction.
16 Section 25. Effective date.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Short title.
20 This act shall be known and may be cited as the Water-Well
21 Construction Act.
22 Section 2. Legislative findings and declaration of purpose.
23 (a) Findings.--The General Assembly finds that a large
24 portion of this Commonwealth's citizens rely on water wells for
25 drinking water and that improperly constructed water wells can
26 adversely affect public health and cause groundwater
27 contamination.
28 (b) Purpose.--The purpose of this act is to:
29 (1) Protect public health and safety by establishing
30 location and construction standards for water wells.
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1 (2) Establish a Statewide program to regulate water-well
2 construction in a manner which will protect the groundwater
3 resource for present and future use.
4 (3) Protect public health and safety and groundwater
5 resources through the licensing of water-well contractors.
6 (4) Provide information on groundwater quantity and
7 quality which will enhance the economic and efficient use of
8 this Commonwealth's groundwater resources.
9 Section 3. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Aquifer." Any geologic material, including, but not limited
14 to, sand, gravel or rock, below the land surface which has the
15 capability to transmit water.
16 "Board." The Environmental Quality Board.
17 "Casing penetration." Any hole or slot that is bored, cut,
18 ripped, burned or otherwise created through the wall of a well
19 casing at any point below the land surface. This term includes,
20 but is not limited to, any hole below the land surface that is
21 necessary to install or operate any pumping or other equipment
22 in the well.
23 "Certification board." The administrative board within the
24 Department of Environmental Protection established in section 6.
25 "Committee." The Water-Well Construction Technical Advisory
26 Committee.
27 "Decommissioned" or "decommissioning." In reference to a
28 water well, this term means that the water well is no longer
29 equipped in such a manner as to be able to draw groundwater.
30 This term also refers to a well where the pump, piping or
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1 electrical components have been disconnected or removed and then
2 sealed in accordance with the decommissioning standards in the
3 regulations promulgated under this act and which is released
4 from liability under the act of June 22, 1937 (P.L.1987,
5 No.394), known as The Clean Streams Law.
6 "Department." The Department of Environmental Protection of
7 the Commonwealth.
8 "Direct supervision." Being observed and directed by a
9 licensed water-well driller who is onsite.
10 "Drinking water well." Any water well which provides or is
11 intended to provide water for human consumption if the well is
12 not regulated under the act of May 1, 1984 (P.L.206, No.43),
13 known as the Pennsylvania Safe Drinking Water Act.
14 "Fund." The Water-Well Construction Fund established in
15 section 17.
16 "Geothermal well." Any borehole in the ground constructed
17 for the purpose of extracting heat from or transferring heat to
18 the ground or groundwater. This term does not include a trench
19 necessary for installation of horizontal closed-loop heat
20 transfer systems.
21 "Groundwater." Water that is either contained in or removed
22 from an aquifer.
23 "Immediate relative." An individual's spouse, child, parent,
24 sibling, niece, nephew, grandparent, uncle, aunt or first
25 cousin, regardless of whether the relation is by consanguinity,
26 affinity or adoption.
27 "In service." A water well that is being used to locate,
28 monitor, withdraw or inject water from or into any aquifer or
29 for the purpose of transferring heat to or from the ground or
30 groundwater.
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1 "Local agency." A municipality or any combination of
2 municipalities acting cooperatively or jointly under the laws of
3 this Commonwealth, county health department or joint county
4 health department.
5 "Lot." Any part of a subdivision or a parcel of land used as
6 a building site or intended to be used for building purposes,
7 whether immediate or future, which would not be further
8 subdivided.
9 "Out of service." In reference to a water well, this term
10 means that the water well is not being used to locate, monitor,
11 withdraw or inject water from or into any aquifer or for the
12 purpose of transferring heat to or from the ground or
13 groundwater and that is to be a temporarily closed water well or
14 that becomes a decommissioned water well.
15 "Person." An individual, partnership, association, company,
16 corporation, municipal authority, political subdivision or
17 agency of the Federal or State Government. The term includes the
18 officers, employees and agents of any partnership, association,
19 company, corporation, municipality, municipal authority,
20 political subdivision or any agency of Federal or State
21 Government.
22 "Secretary." The Secretary of Environmental Protection of
23 the Commonwealth.
24 "Temporarily closed" or "temporary closure." In reference to
25 a water well, this term means that the water well has been
26 closed with a sanitary cap that is removable for future
27 operational service where the pump, piping or electrical
28 components have not been disconnected or removed in accordance
29 with the temporary closure standards regulations promulgated
30 under this act.
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1 "Water well." Any borehole in the ground made with the
2 intent to locate, monitor, withdraw or inject water from or into
3 any aquifer. The term includes geothermal wells. The term does
4 not include:
5 (1) A borehole made for the purpose of mining,
6 producing, extracting or injecting any gas, petroleum or
7 other liquid related to oil or gas production or storage,
8 including brine disposal.
9 (2) A ditch or other excavation such as an agricultural
10 drain, road construction drain or culvert, curtain drain,
11 tile drain or on-lot sewage disposal system that is within
12 the soil profile and within 15 feet from the soil surface and
13 that has as its purpose the diversion, storage or
14 transmission of water.
15 "Water-well alteration." Any activity that physically
16 modifies an existing water well. The term does not include
17 opening or unsealing of the water well for the purposes of
18 disinfecting the well, monitoring the groundwater level or the
19 repair and replacement of the pump or pumping equipment.
20 "Water-well construction." Any activity undertaken for the
21 purpose of creating, altering or decommissioning a water well.
22 This term includes, but is not limited to:
23 (1) The drilling, digging, boring, jetting or other
24 processes necessary to construct the hole in the ground.
25 (2) The installation and removal of well casings,
26 screens, liners, packers, sealants, aggregates, plugs and
27 other appurtenances inside the hole that are necessary to
28 either construct or decommission a water well.
29 (3) The creation and sealing of any casing penetrations
30 that are or will be located below the land surface following
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1 construction of the well.
2 (4) Activities, including, but not limited to,
3 hydrofracturing, surging, jetting and brushing that are
4 undertaken on or inside a water well to modify or restore the
5 yield.
6 This term does not include the installation of pumps and pumping
7 equipment.
8 "Water-well construction permit." A permit issued by a
9 certified water-well enforcement officer stating that the water-
10 well location and casing of a newly constructed water well meet
11 the standards of this act and the regulations promulgated under
12 this act.
13 "Water-well contractor." A person that has been issued a
14 valid license by the Department of Environmental Protection to
15 construct, decommission or alter water wells.
16 "Water-well driller." An individual who has been issued a
17 valid water-well driller certificate by or under the authority
18 of the Department of Environmental Protection.
19 "Water-well enforcement officer." An official of a local
20 agency who:
21 (1) has been issued a valid water-well enforcement
22 officer certificate by or under the authority of the
23 Department of Environmental Protection;
24 (2) reviews permit applications and issues permits under
25 this act; and
26 (3) conducts the investigations and inspections
27 necessary to implement this act and regulations under this
28 act.
29 "Water-well rig." The principal drilling or excavation
30 equipment used in the construction, alteration or
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1 decommissioning of a water well.
2 "Well yield." The quantity of water per unit of time which
3 may flow or be pumped from a drinking water well under specified
4 conditions.
5 Section 4. Power and duties of Environmental Quality Board.
6 (a) Regulations.--The board shall have the power and its
7 duty shall be to adopt rules and regulations as it deems
8 necessary for the implementation of this act. The rules and
9 regulations shall include, but not be limited to:
10 (1) Standards for the location, construction,
11 inspection, alteration and temporary closure or
12 decommissioning of water wells, provided that:
13 (i) Any minimum distance requirement between an
14 existing on-lot sewage disposal system component
15 specified in the regulations under this act or in the act
16 of January 24, 1966 (1965 P.L.1535, No.537), known as the
17 Pennsylvania Sewage Facilities Act, or the regulations
18 promulgated thereunder, and a proposed water well on the
19 same lot shall not be applicable if the local agency
20 finds, after reviewing appropriate groundwater studies
21 submitted by an applicant, the new distance between the
22 proposed water well and on-lot sewage disposal system
23 component will not pose a threat of pollution to the
24 water well.
25 (ii) Minimum distances between a proposed water well
26 on the applicant's lot and any on-lot sewage disposal
27 system component on any other lot must satisfy the
28 specifications set forth in the regulations under this
29 act.
30 (iii) No regulation may be promulgated to require
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1 decommissioning of a water well in which initial
2 construction activity was commenced prior to the
3 effective date of the initial regulations promulgated
4 under this act.
5 (2) Requirements and procedures for determining and
6 reporting on water quality and well yield for drinking water
7 wells.
8 (3) Criteria for licensing and review of water-well
9 contractors and registration of water-well rigs.
10 (4) Criteria for the certification and review of water-
11 well drillers and water-well enforcement officers.
12 (5) Water-well registration and reporting requirements.
13 (6) Criteria for the programs administered by local
14 agencies under section 7, including criteria for issuing
15 water-well construction permits.
16 (b) Fees.--The board shall establish fees for water-well
17 registrations, water-well contractor license applications,
18 water-well rig permits, water-well driller certification and
19 water-well enforcement officer certification. Fees shall bear a
20 reasonable relationship to the cost of administering this act.
21 Section 5. Power and duties of Department of Environmental
22 Protection.
23 The department shall have the power and its duty shall be to:
24 (1) Administer the water-well programs established under
25 this act.
26 (2) Cooperate with local agencies and appropriate
27 Federal, State and interstate units of government and with
28 appropriate private organizations in carrying out its duties
29 under this act.
30 (3) Establish procedures, forms and an appeal process
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1 for the submission, review, approval, denial, modification,
2 suspension, revocation, reinstatement and rejection of any
3 water-well contractor license, water-well rig permit, water-
4 well enforcement officer certification or water-well driller
5 certification.
6 (4) Establish procedures and formats for the water-well
7 registration and water-well certification reports required by
8 this act.
9 (5) Require water-well contractors to submit geological
10 and groundwater data and any other papers, books and records
11 to the department for the purposes set forth in this act.
12 (6) Establish programs for educating the public about
13 groundwater resources, the construction and operation of
14 their water supply systems and the regulatory program enacted
15 by this act.
16 (7) Cooperate with the organizations that represent
17 water-well drillers, water-well enforcement officers and
18 businesses engaged in well-drilling activities and to assist
19 these organizations in the development of training curricula
20 that address the knowledge base, minimum skills and technical
21 aspects which will be the subject of the department's
22 certification examinations.
23 (8) Prescribe or establish minimum continuing education
24 requirements, such as the number of training hours, provided
25 that renewal of certification shall not be contingent upon
26 passage of the initial certification examination.
27 (9) Review the performance of local agencies in the
28 administration of this act.
29 (10) Order a local agency to take actions deemed by the
30 department as necessary to effectively administer this act in
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1 conformance with the rules and regulations of the department.
2 (11) Make inspections and require the submission of
3 papers, books and records by local agencies for the purposes
4 set forth in this act.
5 (12) Make available all water-well registration reports,
6 water-well certification reports, water-well decommissioning
7 reports and other reports related to well construction or
8 decommissioning, to the Bureau of Topographic and Geologic
9 Survey in the Department of Conservation and Natural
10 Resources. These reports, facsimiles of these reports or
11 access to the information contained in these reports shall be
12 provided in a timely manner and in an electronic format such
13 as a computer data base.
14 Section 6. Certification board.
15 (a) Establishment.--
16 (1) There is hereby created within the department a
17 State Board for Certification of Water-Well Enforcement
18 Officers, Water-Well Drillers and Water-Well Contractors.
19 (2) The certification board shall consist of five
20 members to be appointed by the secretary. One member shall be
21 a representative of local government; one member shall be a
22 water-well enforcement officer certified under the provisions
23 of this act; one member shall be a practicing registered
24 professional geologist; one member shall be a water-well
25 driller certified or licensed under the provisions of this
26 act; and one shall be a water-well contractor certified or
27 licensed under the provisions of this act.
28 (3) Nominees shall be submitted to the secretary by the
29 Water-Well Construction Technical Advisory Committee which
30 shall designate a minimum of two nominees for each position.
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1 (4) Each appointment shall be for a period of four
2 years.
3 (5) Until such time that a licensing and certification
4 procedure is in place, the requirement that members of the
5 board be certified or licensed shall not apply.
6 (6) The secretary may reappoint certification board
7 members for one successive term. If vacancies occur prior to
8 completion of a term, the secretary shall appoint another
9 member in accordance with this section to fill the unexpired
10 term. No individual shall serve more than eight consecutive
11 years.
12 (7) No member of this committee may also be a member or
13 alternate of the Water-Well Construction Technical Advisory
14 Committee.
15 (b) Meetings.--
16 (1) Within 180 days of the effective date of this act,
17 the secretary, or his representative, shall call the first
18 meeting of the certification board. At the initial meeting
19 the board shall elect a chairperson. Thereafter, the chairman
20 shall be elected annually.
21 (2) The board shall meet at least twice annually and
22 other meetings may be called by the chairman as needed to
23 conduct the business of the board. Three members of the board
24 shall constitute a quorum.
25 (3) The members of the board shall receive no
26 compensation for their services but shall be reimbursed for
27 actual and necessary expenses incurred in the performance of
28 their duties.
29 (c) Powers and duties.--The certification board shall have
30 the power and its duty shall be, in accordance with the rules
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1 and regulations of the department, to:
2 (1) Review and approve or deny applications for
3 certification of water-well enforcement officers and water-
4 well drillers within 30 days of the receipt of the test
5 results from the testing contractor. If the board does not
6 meet within this time period, the applicants who have
7 achieved the necessary passing score on the certification
8 examination and who are not in violation or restrained by any
9 department regulation from certification shall be deemed to
10 be certified.
11 (2) Administer such examinations as prepared by the
12 department, as may be deemed necessary to determine the
13 qualification of candidates for certification. Such
14 examinations shall be held no less than four times in each
15 calendar year. The board shall determine and shall announce,
16 in sufficient time, the location and time for such
17 examinations except that the board shall allow the department
18 to schedule special walk-in examinations when a local agency
19 demonstrates an immediate need to obtain a water-well
20 enforcement officer. During the first year after the
21 effective date of this act, no fees shall be charged for the
22 examinations. During the second and subsequent years, the
23 board may collect a fee of $10 from each applicant for
24 certification.
25 (3) Hold hearings and issue adjudications under the
26 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
27 and procedure of Commonwealth agencies) on any revocation,
28 suspension or reinstatement of certification by the
29 department, provided, that the filing of an appeal with the
30 board shall not operate as an automatic supersedeas of the
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1 action of the department. Actions of the department may be
2 appealed to the Environmental Hearing Board.
3 (4) Compile and keep current a register showing the
4 names and addresses of water-well enforcement officers,
5 water-well drillers and water-well contractors. Copies of
6 this register shall be furnished on request upon payment of
7 such reasonable fees as the department shall establish.
8 Section 7. Powers and duties of local agencies.
9 (a) General rule.--County or joint county departments of
10 health shall administer this act in the territorial area subject
11 to their jurisdiction. In all other areas this act shall be
12 administered by each municipality unless the municipality has
13 transferred or delegated the administration of this act to
14 another local agency or is cooperating in the administration, in
15 conformance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
16 intergovernmental cooperation), and the other local agency has
17 accepted administration of this act. No local agency shall
18 voluntarily surrender administration of the provisions of this
19 act except to another local agency pursuant to this section.
20 (b) Specific powers and duties.--Each local agency, county
21 or joint county department of health, in addition to the powers
22 and duties conferred upon it by existing law, shall have the
23 power and the duty:
24 (1) To employ or contract with an adequate number of
25 water-well enforcement officers to adequately perform the
26 services required of water-well enforcement officers within
27 the time periods set forth in this act and in accordance with
28 the rules and regulations of the department. No person shall
29 be employed or contracted as a water-well enforcement officer
30 unless the person has been certified by the department
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1 pursuant to standards set by the Environmental Quality Board.
2 No individual shall be employed or contracted as a water-well
3 enforcement officer to administer the provisions of this act
4 with respect to a water well for which the individual or an
5 immediate relative was or is the contractor or with respect
6 to a water well, or the property or structure which the water
7 well is intended to serve, in which the individual or an
8 immediate relative has a financial interest. In such a case,
9 the local agency's alternate water-well enforcement officer
10 shall administer the provisions of this act with respect to
11 the particular water well.
12 (2) To have at least one alternate water-well
13 enforcement officer as authorized by the local agency to work
14 in the municipality or municipalities of the local agency.
15 (3) To employ or contract with other technical and
16 administrative personnel necessary to support the activities
17 of the water-well enforcement officer and the local agency.
18 (4) To adopt by resolution a list of individuals who are
19 water-well enforcement officers employed by the local agency
20 or by companies or corporations under contract with the local
21 agency to perform the services of water-well enforcement
22 officers.
23 (5) To set rates of compensation, maintain offices,
24 establish personnel policies and establish administrative
25 rules or policies and to purchase necessary equipment and
26 supplies.
27 (6) To set and collect fees necessary to support the
28 administrative and personnel costs of implementing the
29 requirements of this act. When engineering or consulting
30 services are required by the local agency to complete their
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1 review of a permit application, the application or review
2 fees charged for such services shall be reasonable and in
3 accordance with the ordinary and customary charges by the
4 engineer or consultant for similar service in the community,
5 and in no event shall the fees exceed the rate or cost
6 charged by the engineer or consultant to the local agency
7 when fees are not reimbursed by or otherwise imposed on
8 applicants.
9 (7) To make or cause to be made such inspections and
10 tests as may be necessary to carry out the provisions of this
11 act, and the local agency's authorized representatives shall
12 have the right to enter upon lands for said purpose.
13 (8) To proceed to restrain violations of this act and
14 the rules and regulations promulgated under this act.
15 (9) To submit such reports and data to the department as
16 the department may by its rules and regulations or by order
17 require.
18 (10) To adopt and maintain standards and procedures for
19 applications and permits identical to those of the
20 department. Any other rules or regulations which the local
21 agency deems necessary in order to administer and enforce
22 this act may only be adopted if they are consistent with this
23 act and the rules and regulations promulgated under this act.
24 (11) To make such inspections of and to verify
25 measurements made by applicants on public or private
26 properties which are determined by the local agency's
27 authorized representative to have natural or manmade features
28 from which specific isolation distances are required prior to
29 the approval of water-well construction permits. The local
30 agency's authorized representative shall have the right to
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1 enter upon lands for these purposes.
2 (c) Limitations.--
3 (1) No municipality, local agency or water-well
4 enforcement officer may, orally or in writing, suggest,
5 recommend or require the use of any individual or firm
6 providing services which may be required or are subject to
7 review pursuant to this act or the regulations hereunder.
8 (2) The following shall apply:
9 (i) Except as set forth in subparagraph (ii), no
10 water-well enforcement officer shall perform any
11 consulting or design work or related services required or
12 regulated under this act within the municipality or local
13 agency by which the officer is employed or with which the
14 officer has a contractual relationship.
15 (ii) Subparagraph (i) shall not apply if:
16 (A) the work is for a water well which will
17 serve the residence of the water-well enforcement
18 officer or an immediate relative;
19 (B) the undertaking of the work is approved in
20 advance by the local agency and the department; and
21 (C) the work is permitted and inspected by an
22 alternate well-water officer.
23 (3) No water-well enforcement officer may issue a permit
24 or participate in the official processing of an application
25 for a water-well permit in which the water-well enforcement
26 officer, an immediate relative of the water-well enforcement
27 officer, a business associate of the water-well enforcement
28 officer or an employer of the water-well enforcement officer,
29 other than the local agency, has a financial interest.
30 (d) Existing municipal ordinances.--
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1 (1) Provisions of municipal water-well construction
2 ordinances in effect on the effective date of the regulations
3 promulgated under this act that do not at least equal the
4 minimum requirements of the regulations promulgated under
5 this act shall be amended to provide for the minimum
6 requirements.
7 (2) Provisions of municipal water-well construction
8 ordinances in effect on the effective date of the regulations
9 promulgated under this act that equal or exceed the minimum
10 requirements of the regulations promulgated under this act
11 shall remain in effect until such time as they no longer
12 equal or exceed the minimum requirements of the regulations
13 adopted under this act.
14 (e) Review of ordinances by department.--After the effective
15 date of the regulations promulgated under this act, the
16 department shall review any municipal water-well construction
17 ordinance proposing to exceed the minimum requirements of this
18 act based on the following standards:
19 (1) That certain clear and convincing local, geologic,
20 topographic or public health and safety circumstances or
21 conditions justify the more stringent provision.
22 (2) That the more stringent provision shall be adequate
23 for the purpose intended and shall meet a standard of
24 performance equal to or greater than that prescribed by this
25 act.
26 (3) That the more stringent provision would not diminish
27 or threaten the health, safety and welfare of the public.
28 (4) That the more stringent provision shall be generally
29 consistent with the legislative findings and purpose
30 described in section 2.
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1 (f) Reimbursement.--Expenses for activities under this
2 section shall be deemed eligible for reimbursement under section
3 6(b)(1) of the act of January 24, 1966 (1965 P.L.1535, No.537),
4 known as the Pennsylvania Sewage Facilities Act.
5 Section 8. Licensing of water-well contractors and permitting
6 of water-well rigs.
7 (a) License requirement.--It shall be a violation of this
8 act for any person to undertake the construction, alteration or
9 decommissioning of a water well unless it is under the authority
10 of a valid water-well contractor license. All water-well
11 contractors shall register annually with the department. The
12 contractor shall insure that certified water-well drillers are
13 responsible for the construction, alteration and decommissioning
14 of all water wells for which the contractor has been retained.
15 The contractor shall also obtain a yearly permit for all water-
16 well rigs employed in the construction, alteration or
17 decommissioning of water wells.
18 (b) Application.--An application for a license shall be in
19 writing on forms provided by the department and shall be
20 accompanied by the water-well contractor license fee and water-
21 well rig registration fee, if applicable, as established under
22 section 12, or as set by regulation of the board. The
23 application shall contain a statement showing:
24 (1) The name of the applicant.
25 (2) The business address of the applicant.
26 (3) The registration of all water-well rigs that will be
27 used during the license year.
28 (4) Any additional information the department may
29 require.
30 (c) Requirements for licensee.--Until such time as the board
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1 adopts regulations on licensee qualifications, the department
2 may issue and renew licenses and rig registrations based on
3 satisfaction of the requirements contained in subsection (b). In
4 accordance with regulations promulgated under this act, the
5 applicant for a license shall meet all the following
6 requirements:
7 (1) Demonstrate to the department that the applicant and
8 the applicant's agents and employees are qualified to
9 practice water-well construction, alteration and
10 decommissioning.
11 (2) File with the department evidence of financial
12 responsibility, which shall include, but not be limited to, a
13 commercial liability insurance policy or self-insurance in an
14 amount to be prescribed by rules and regulations promulgated
15 under this act.
16 (3) Pay the annual license fees.
17 (4) Register with the department any water-well rig to
18 be operated during the license year and pay a registration
19 fee for each water-well rig registered. The department shall
20 issue one water-well rig placard with the water-well
21 contractor license number for each water-well rig registered.
22 The water-well contractor shall post such placards on each
23 rig registered under his license.
24 (5) Provide any other information the department deems
25 necessary.
26 (d) Regulations.--The board shall adopt such regulations to
27 provide proof of a licensee's qualifications and to provide for
28 proof of financial responsibility of licensees as is necessary
29 to insure compliance with this act.
30 (e) Renewal.--Any license issued under this section is not
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1 transferable and must be renewed annually. The board by
2 regulation may require individuals licensed under this section
3 to attend continuing education programs as a prerequisite for
4 the renewal of a license.
5 (f) Duplicates.--The department may issue a duplicate
6 license or rig registration to replace a lost or destroyed
7 license or registration.
8 (g) Suspension or revocation.--Whenever the department
9 determines that the holder of a license issued pursuant to this
10 section has violated any provision of this act, any rule or
11 regulation adopted under this act, any order of the department
12 or any condition of any license issued under this act, the
13 department may suspend or revoke that license.
14 (h) Limitation on reissuance.--The department may not issue
15 a new license to a water-well contractor within one year after
16 revocation of the contractor's previous license.
17 (i) Reciprocal licensing.--The department, upon application
18 for the license and payment of the fees required by the
19 department, shall issue a water-well contractor license to a
20 person who holds a similar license in any state, territory or
21 possession of the United States, or in any foreign country, if
22 the requirements for licensing of a water-well contractor under
23 which the license was issued are of a standard not lower than
24 those specified by the provisions of this act and the rules and
25 regulations promulgated under this act. The provisions of this
26 subsection shall apply to those states and territories that
27 provide similar provisions to water-well contractors of this
28 Commonwealth.
29 (j) Equivalency.--On an annual basis, the board will
30 identify states where a license and a water-well drillers
20010S0870B1003 - 21 -
1 certification are equivalent to the Commonwealth's standards. In
2 such cases, Commonwealth licensure or certification shall be
3 granted.
4 Section 9. Certification of water-well drillers.
5 (a) General rule.--Except as provided in subsections (b) and
6 (c), it shall be a violation of this act for any individual to
7 construct, decommission or alter a water well without first
8 obtaining, through processes approved by the department, a
9 water-well driller certificate.
10 (b) Exemption.--Any individual operating under the direct
11 supervision of a certified water-well driller is exempt from the
12 requirements of subsection (a).
13 (c) Direct supervision.--Only one water-well construction,
14 alteration or decommissioning operation can be directly
15 supervised by a licensed water-well driller at any given time
16 unless all of the water-well construction, alteration or
17 decommissioning operations being supervised simultaneously are
18 being done for the same client, on the same site and under the
19 same contract with that client.
20 (d) Interim certification.--Until such time as the board
21 promulgates regulations regarding the certification requirements
22 for water-well drillers, the department shall issue interim
23 certificates to individuals that provide the department with the
24 following information:
25 (1) The name of the applicant.
26 (2) The business address of the applicant.
27 (3) The affiliation with any water-well contractor.
28 (4) Any additional information the department may
29 require.
30 Section 10. Water-well registration.
20010S0870B1003 - 22 -
1 (a) Registration identification number.--In advance of
2 constructing or altering any water well and upon the payment of
3 the registration fee established by section 12 or as may be
4 required by regulation of the board, the water-well contractor
5 shall obtain from the department a water-well registration
6 identification number, in the form of a tag, label or other
7 device, which shall be permanently affixed to the water well
8 upon completion of the work and in a manner specified by the
9 department.
10 (b) Registration required.--
11 (1) The information required to register newly
12 constructed or altered water wells shall be provided by the
13 water-well contractor and be on a form prescribed by the
14 department. The required information shall at a minimum
15 include:
16 (i) the water-well registration identification
17 number;
18 (ii) the name of the water-well owner;
19 (iii) the address of the property owner on which the
20 water well is located;
21 (iv) the name and license number of the water-well
22 contractor responsible for the work;
23 (v) the name, certification number and signature of
24 the water-well driller that supervised the work;
25 (vi) the exact geographic location of the water
26 well;
27 (vii) a log of the water well containing a
28 description of materials penetrated;
29 (viii) the size, depth, diameters and lengths of the
30 boring, the casings and the screen installed;
20010S0870B1003 - 23 -
1 (ix) the static water level, pumping water level and
2 pumping rate; and
3 (x) any other information the department deems
4 necessary.
5 The water quality analysis and well yield reports, as
6 required by section 11, shall be submitted to the department
7 at the time of registration of each drinking water well.
8 (2) The information required to register decommissioned
9 water wells shall be provided by the water-well contractor
10 and be on a form prescribed by the department. The required
11 information shall at a minimum include:
12 (i) the water-well registration identification
13 number, if one was previously issued for the water well;
14 (ii) the date of decommissioning;
15 (iii) the type of closure performed;
16 (iv) the name and license number of the water-well
17 contractor responsible for the decommissioning;
18 (v) the name, certification number and signature of
19 the water-well driller that supervised the
20 decommissioning;
21 (vi) the exact geographic location of the water
22 well;
23 (vii) the materials used; and
24 (viii) any other information the department deems
25 necessary.
26 The water-well contractor shall return the water-well
27 registration tag to the department whenever a water well with
28 a registration tag is decommissioned. The water-well
29 contractor shall not be required to obtain a registration
30 identification number or pay a fee in connection with the
20010S0870B1003 - 24 -
1 decommissioning of any water well.
2 (c) Certification by water-well contractor.--Within 30 days
3 of completing the construction, alteration or decommissioning of
4 a water well, the water-well contractor performing the work
5 shall provide written certification to the owner of the water
6 well that the work was performed in accordance with this act and
7 with all applicable standards, rules and regulations. This
8 certification shall be accomplished on a form prescribed by the
9 department containing the information required by this
10 subsection or as may be established by regulation of the board.
11 (d) Duty to notify local agency and department.--A licensed
12 driller shall notify the local agency and the department within
13 30 days of any action to temporarily close or decommission a
14 water well.
15 Section 11. Water quality analysis and well yield reports.
16 (a) Water quality analysis report.--The water-well
17 contractor shall collect and submit to the department and the
18 owner of the drinking water well a water quality analysis
19 report. The report shall be based on a water sample obtained
20 from the drinking water well according to the procedures
21 established by the board under section 4.
22 (b) Content.--The report shall include water quality
23 analyses performed by a laboratory certified under the act of
24 May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
25 Drinking Water Act, of the contaminants specified by regulation
26 and any other substances which the drinking water-well owner may
27 request.
28 (c) Water quality information.--The department shall develop
29 water quality information which shall include, but not be
30 limited to, water quality standards, potential effects on human
20010S0870B1003 - 25 -
1 health and safety relative to the tested substances, available
2 water treatment technologies and associated costs. The
3 information shall be provided to all certified laboratories and
4 water-well contractors who shall provide this information to the
5 owner of the drinking water well.
6 (d) Notice to well users.--Where the owner of a drinking
7 water well is not the sole user of the water from a drinking
8 water well, the owner shall, within 48 hours of receipt of the
9 water quality analysis report, notify all other users of the
10 results of the water quality analysis. The notice shall be given
11 by mail or by conspicuous posting at the place of use in a
12 location where it will be seen by users.
13 (e) Well yield report.--In accordance with regulations
14 adopted by the board, the water-well contractor shall submit to
15 the department and drinking water-well owner a well yield
16 report. The well yield report must be based on testing of the
17 drinking water well according to the procedures established by
18 the board under section 4.
19 Section 12. Interim fees and requirements.
20 (a) Water-well registration fee.--Until alternative fees are
21 established by the board by regulation, a registration fee of
22 $35 for each water well constructed or altered after the
23 effective date of this act shall be paid by the well contractor
24 to the department. Each well contractor shall register with the
25 department each water well by completing and submitting the form
26 provided by the department, including the registration fee
27 prescribed by the department, for each water well in accordance
28 with section 11.
29 (b) Water-well contractor license fee.--Until alternative
30 annual license fees are established by the board by regulation,
20010S0870B1003 - 26 -
1 an annual license fee of $80 shall be paid to the department by
2 any person prior to constructing or altering a water well. Each
3 water-well contractor shall apply to the department by
4 completing and submitting the application form provided by the
5 department, including the license fee, in accordance with
6 section 8.
7 (c) Water-well rig registration fee.--Until alternative
8 annual fees are established by the board by regulation, an
9 annual water-well rig registration fee $30 shall be paid to the
10 department by the water-well contractor for each water-well rig
11 which is to be owned or operated during the registration year.
12 Each water-well contractor shall register each water-well rig
13 with the department by completing and submitting the form
14 provided by the department, including the registration fee, in
15 accordance with section 8.
16 (d) Water-well drillers certification fee.--Until
17 alternative annual fees are established by the board by
18 regulation, an annual water-well driller certification fee of
19 $20 shall be paid to the department by each individual water-
20 well driller.
21 (e) Use of registration fees.--All fees collected by the
22 department shall be deposited in the Water-Well Construction
23 Fund established under section 17.
24 Section 13. Recordkeeping and reports.
25 The department may require any water-well contractor to
26 establish and maintain such records and make such reports and
27 furnish such data as the department deems necessary to
28 demonstrate that the water-well contractor is complying with
29 this act and the rules and regulations promulgated under this
30 act. A copy of the written certification required by section
20010S0870B1003 - 27 -
1 11(d) shall be kept for ten years by the water-well contractor.
2 Section 14. Water-Well Construction Technical Advisory
3 Committee.
4 (a) Establishment and composition.--
5 (1) There is hereby established the Water-Well
6 Construction Technical Advisory Committee. The committee
7 shall consist of 20 members, all of whom shall be appointed
8 by the secretary within three months of the effective date of
9 this act and all of whom must be residents of this
10 Commonwealth with five years of experience in this
11 Commonwealth in their respective fields. In addition, one
12 alternate member shall be appointed for each member. The
13 alternate member shall take the place of the respective
14 member whenever that member is unable to attend an official
15 meeting. The committee shall encourage alternate members to
16 attend all meetings even when not taking the place of the
17 member.
18 (2) The committee shall be composed of the following
19 members:
20 (i) Four members shall be water-well contractors
21 recommended from the membership of the Pennsylvania
22 Ground Water Association, at least one shall be a cable
23 tool driller and at least one shall be a rotary driller.
24 (ii) Two geologists with expertise in hydrogeology
25 shall be recommended from the membership of the
26 Pennsylvania Council of Professional Geologists and
27 licensed under the act of May 23, 1945 (P.L.913, No.367),
28 known as the Engineer, Land Surveyor and Geologist
29 Registration Law.
30 (iii) One member shall be a public health official,
20010S0870B1003 - 28 -
1 chosen from a list of at least four names submitted by
2 the department's Citizens Advisory Council to the
3 secretary.
4 (iv) Three members shall be water-well owners,
5 chosen from a list of six names submitted by the
6 department's Citizens Advisory Council to the secretary.
7 (v) One member representing Pennsylvania townships
8 of the first class shall be recommended from the
9 membership of the Pennsylvania State Association of
10 Township Commissioners.
11 (vi) One member representing Pennsylvania townships
12 of the second class shall be recommended from the
13 membership of the Pennsylvania State Association of
14 Township Supervisors.
15 (vii) One member representing Pennsylvania boroughs
16 shall be recommended from the membership of the
17 Pennsylvania State Association of Boroughs.
18 (viii) One member representing Pennsylvania cities
19 shall be recommended from the membership of the
20 Pennsylvania League of Cities and Municipalities.
21 (ix) One member representing Pennsylvania counties
22 shall be recommended from the membership of the County
23 Commissioners Association of Pennsylvania.
24 (x) One member representing the home building
25 industry shall be recommended from the membership of
26 Pennsylvania Home Builders Association.
27 (xi) Two members representing agriculture shall be
28 recommended from the membership of the Pennsylvania Farm
29 Bureau.
30 (xii) One member representing sewage enforcement
20010S0870B1003 - 29 -
1 officers shall be recommended from the membership of the
2 Pennsylvania Association of Sewage Enforcement Officers.
3 (xiii) One member representing county health
4 departments with a water-well ordinance in effect upon
5 the effective date of this act.
6 (b) Expenses.--Committee members shall not receive a salary
7 but shall be reimbursed for all necessary expenses incurred in
8 the performance of their duties. An alternate may not be
9 reimbursed unless serving in place of the appointed member.
10 (c) Meetings, chairperson, etc.--All actions of the
11 committee shall be by majority vote of the members assembled if
12 a quorum is present. A quorum shall be considered as being one
13 more than 50% of the total membership. The committee shall meet
14 upon the call of the secretary, but not less than semiannually,
15 to carry out its duties under this act. The committee shall
16 select a chairperson and other officers and establish bylaws as
17 it deems appropriate. The department shall provide clerical and
18 technical support as the committee may reasonably require.
19 (d) Regulations.--The department shall consult with the
20 committee in the formulation, drafting and presentation stages
21 of all regulations promulgated under this act. The committee
22 shall be given a reasonable opportunity to review and comment on
23 all regulations prior to their submission to the board for
24 initial consideration. The written comments of the committee
25 shall be presented to the board with any regulatory proposal.
26 Section 15. Penalties and remedies.
27 (a) Summary offense.--
28 (1) A person who violates any provision of this act, any
29 regulation of the department, any order of the department, or
30 any term or condition of a well registration or license of
20010S0870B1003 - 30 -
1 the department issued under this act, or who resists or
2 interferes with an officer, agent or employee of the
3 department in the performance of his duties commits a summary
4 offense and shall, upon conviction, be sentenced to pay a
5 fine of not less than $100 nor more than $1,000 and costs for
6 each separate offense or, in default of payment thereof,
7 shall be sentenced to imprisonment for a period of not more
8 than 30 days.
9 (2) For purposes of this subsection, a summary offense
10 may be prosecuted before the district justice with
11 jurisdiction over the area where the offense occurred.
12 (3) Employees of the department authorized to conduct
13 inspections or investigations are hereby declared to be law
14 enforcement officers authorized to issue or file citations
15 for summary violations under this act and the General Counsel
16 is hereby authorized to prosecute these offenses.
17 (b) Equitable relief.--The department may apply to the
18 Commonwealth Court or to a court of common pleas having
19 jurisdiction for preliminary, special or final injunction to
20 restrain or prevent violations of this act or to compel
21 compliance with this act or any rule, regulation, order, license
22 or registration issued under this act.
23 (c) Civil penalties.--
24 (1) In addition to proceeding under any other remedy
25 available at law or in equity for a violation of any
26 provision of this act, any rule or regulation of the
27 department or order of the department, or any term or
28 condition of any well registration or license issued under
29 this act, the department may assess a civil penalty upon a
30 person for such violation. The maximum civil penalty which
20010S0870B1003 - 31 -
1 may be assessed under this subsection shall be $1,000 per day
2 for each violation. The penalty may be assessed whether the
3 violation was willful or negligent.
4 (2) When the department assesses a civil penalty, it
5 shall inform the person of the amount of the penalty. The
6 person charged with the penalty shall then have 30 days to
7 pay the penalty in full or, if the person wishes to contest
8 either the amount of the penalty or the fact of the
9 violation, the person shall, within the 30-day period, file
10 an appeal of the action with the Environmental Hearing Board.
11 Failure to appeal within 30 days shall result in a waiver of
12 all legal rights to contest the violation or the amount of
13 the penalty.
14 (d) Remedies cumulative.--The penalties and remedies
15 prescribed by this act shall be deemed cumulative, and the
16 existence of or exercise of any remedy shall not prevent the
17 department from exercising any other remedy under this act, at
18 law or in equity.
19 (e) Separate offense.--Violations on separate days shall
20 constitute separate offenses.
21 Section 16. Local agency hearings and appeals.
22 (a) Right to hearing.--Any person aggrieved by an action of
23 a local agency or water-well enforcement officer in granting or
24 denying a permit, issuing an order or other actions taken under
25 this act shall have the right within 30 days after receipt of
26 notice of the action to request a hearing before the local
27 agency.
28 (b) Revocation of permits.--
29 (1) Revocation of permits shall occur only after:
30 (i) notice and opportunity for hearing have been
20010S0870B1003 - 32 -
1 given to the permittee; and
2 (ii) the opportunity to appeal is exhausted.
3 (2) If work has not been commenced on a property for
4 which a water-well construction permit has been issued and
5 for which the permittee has received notice of a permit
6 revocation, the permittee may not commence work on the water
7 well and the permit shall be suspended until the applicant
8 has requested a hearing under subsection (a), the hearing has
9 been conducted and a decision announced or the time for such
10 request has expired. If the time has expired and no hearing
11 request has been received by the local agency, the revocation
12 shall be final.
13 (3) If work has commenced on a property for which a
14 water well construction permit has been issued and for which
15 the permittee has received notice of a permit revocation, the
16 permittee shall cease work on the water well except such work
17 as may be needed to secure the water well to prevent
18 contamination of the groundwater or prevent a safety hazard.
19 The permit shall be suspended until the permittee has
20 requested a hearing under subsection (a), the hearing has
21 been conducted and a decision announced or until the time for
22 such request has expired. If the time has expired and no
23 hearing request has been received by the local agency, the
24 revocation shall be final.
25 (c) Hearings.--Hearings under subsections (a) and (b) shall
26 be conducted pursuant to 2 Pa.C.S. Ch. 5 Subch. B (relating to
27 practice and procedure of local agencies).
28 (d) Appeals.--
29 (1) Any subsequent appeal shall be to the court of
30 common pleas of the county where the land to which the permit
20010S0870B1003 - 33 -
1 pertains is located. The Attorney General shall be notified
2 in writing by the appellant of any appeal challenging the
3 constitutionality of any provision of this act or the
4 validity of any rule or regulation promulgated under this
5 act.
6 (2) Any order, permit or decision of the department
7 under this act, except as otherwise provided by sections 5
8 and 6(c), shall be taken, subject to the right of notice and
9 appeal to the Environmental Hearing Board, pursuant to
10 section 1921-A of the act of April 9, 1929 (P.L.177, No.175),
11 known as The Administrative Code of 1929 and 2 Pa.C.S. Ch. 5
12 Subch. A (relating to practice and procedure of Commonwealth
13 agencies).
14 Section 17. Water-Well Construction Fund.
15 (a) Establishment.--There is established in the State
16 Treasury a restricted nonlapsing fund to be known as the Water-
17 Well Construction Fund for the deposit of all fees, fines and
18 civil penalties authorized by this act and collected by the
19 department. All moneys in the fund are hereby appropriated on a
20 continuing basis to the department for the costs of
21 administering the provisions of this act.
22 (b) Grants to owners of water wells.--
23 (1) Sixty-five percent of the money contained in the
24 fund each fiscal year shall be used by the department to
25 provide grants to owners of water wells to offset costs
26 incurred by the owner in decommissioning a water well in
27 accordance with the standards and requirements imposed
28 pursuant to this act.
29 (2) During a fiscal year, an owner may not make more
30 than one application for a grant under this subsection.
20010S0870B1003 - 34 -
1 (c) Reimbursement to local agencies.--
2 (1) Each fiscal year 15% of the moneys contained in the
3 fund shall be used for reimbursing the expenses incurred by
4 local agencies in the enforcement of section 7.
5 (2) Reimbursement requests under this subsection may be
6 submitted simultaneously with, and on the same forms used
7 for, reimbursement requests under section 6(b)(1) of the act
8 of January 24, 1966 (1965 P.L.1535, No.537), known as the
9 Pennsylvania Sewage Facilities Act.
10 (d) Other sources.--The fund may be supplemented by
11 appropriations from the General Assembly, the Federal, State or
12 a local government or from any private source.
13 Section 18. Transfer of funds.
14 All moneys currently collected under the act of May 29, 1956
15 (1955 P.L.1840, No.610), known as the Water Well Drillers
16 License Act, shall be immediately transferred to the Water-Well
17 Construction Fund.
18 Section 19. Status of existing licenses and permits.
19 Water-well driller licenses and water-well rig permits issued
20 under the act of May 29, 1956 (1955 P.L.1840, No.610), known as
21 the Water Well Drillers License Act, shall remain in full force
22 and effect for six months after the effective date of the
23 regulations adopted under this act.
24 Section 20. Savings provision.
25 The provisions of this act shall not affect any suit,
26 prosecution or other action instituted, prior to the effective
27 date of this act, to enforce any right or abate any violation of
28 any act or part thereof repealed by this act.
29 Section 21. Severability.
30 The provisions of this act are severable. If any provision of
20010S0870B1003 - 35 -
1 this act or its application to any person or circumstance is
2 held invalid, the invalidity shall not affect other provisions
3 or applications of this act which can be given effect without
4 the invalid provision or application.
5 Section 22. Repeal.
6 The act of May 29, 1956 (1955 P.L.1840, No.610), known as the
7 Water Well Drillers License Act, is repealed.
8 Section 23. Applicability.
9 With the exception of the rules and regulations regarding
10 standards for the inspection, alteration, temporary closure or
11 decommissioning of water wells as established by the board under
12 section 4, the provisions of this act shall not apply to any
13 well in which initial construction activity was commenced prior
14 to the effective date of the regulations promulgated under this
15 act.
16 Section 24. Construction.
17 Unless where specifically authorized, nothing in this act
18 shall be construed to alter the requirements contained in the
19 act of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania
20 Safe Drinking Water Act, and applicable regulations or the
21 requirements contained in other environmental statutes.
22 Section 25. Effective date.
23 This act shall take effect as follows:
24 (1) Section 7 shall take effect 180 days after
25 promulgation of regulations established by the Environmental
26 Quality Board under section 4.
27 (2) Section 11 shall take effect upon promulgation of
28 regulations established by the Environmental Quality Board
29 under section 4.
30 (3) The remainder of this act shall take effect
20010S0870B1003 - 36 -
1 immediately.
D19L27VDL/20010S0870B1003 - 37 -