PRINTER'S NO. 4153
No. 2857 Session of 2000
INTRODUCED BY DAILEY, STEIL, HARHAI, MAITLAND, HENNESSEY, E. Z. TAYLOR, HERSHEY, GEORGE, RUBLEY AND TULLI, OCTOBER 31, 2000
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 31, 2000
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.
1 Section 10. Water-well registration. 2 Section 11. Water quality analysis and well yield reports. 3 Section 12. Interim fees and requirements. 4 Section 13. Recordkeeping and reports. 5 Section 14. Water-Well Construction Technical Advisory 6 Committee. 7 Section 15. Penalties and remedies. 8 Section 16. Local agency hearings and appeals. 9 Section 17. Water-Well Construction Fund. 10 Section 18. Transfer of funds. 11 Section 19. Status of existing licenses and permits. 12 Section 20. Buyer notification requirements. 13 Section 21. Repeal. 14 Section 22. Construction. 15 Section 23. Effective date. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Short title. 19 This act shall be known and may be cited as the Water-Well 20 Construction Act. 21 Section 2. Legislative findings and declaration of purpose. 22 (a) Findings.--The General Assembly finds that a large 23 portion of this Commonwealth's citizens rely on water wells for 24 drinking water and that improperly constructed water wells can 25 adversely affect public health and cause groundwater 26 contamination. 27 (b) Purpose.--The purpose of this act is to: 28 (1) Protect public health and safety by establishing 29 location and construction standards for water wells. 30 (2) Establish a Statewide program to regulate water-well 20000H2857B4153 - 2 -
1 construction in a manner which will protect the groundwater 2 resource for present and future use. 3 (3) Protect public health and safety and groundwater 4 resources through the licensing of water-well contractors. 5 (4) Provide information on groundwater quantity and 6 quality which will enhance the economic and efficient use of 7 this Commonwealth's groundwater resources. 8 Section 3. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Aquifer." Any geologic material, including, but not limited 13 to, sand, gravel or rock, below the land surface which has the 14 capability to transmit water. 15 "Board." The Environmental Quality Board. 16 "Casing penetration." Any hole or slot that is bored, cut, 17 ripped, burned or otherwise created through the wall of a well 18 casing at any point below the land surface. This term includes, 19 but is not limited to, any hole below the land surface that is 20 necessary to install or operate any pumping or other equipment 21 in the well. 22 "Certification board." The administrative board within the 23 Department of Environmental Protection established in section 6. 24 "Committee." The Water-Well Construction Technical Advisory 25 Committee. 26 "Decommissioned water well." Any water well in service after 27 the effective date of this act which is subsequently taken out 28 of service. 29 "Department." The Department of Environmental Protection of 30 the Commonwealth. 20000H2857B4153 - 3 -
1 "Direct supervision." Being observed and directed by a 2 licensed water-well driller who is onsite. 3 "Drinking water well." Any water well which provides or is 4 intended to provide water for human consumption if the well is 5 not regulated under the act of May 1, 1984 (P.L.206, No.43), 6 known as the Pennsylvania Safe Drinking Water Act. 7 "Geothermal well." Any hole in the ground constructed for 8 the purpose of extracting heat from or transferring heat to the 9 ground or groundwater. This term does not include trenches 10 necessary for installation of horizontal closed-loop heat 11 transfer systems. 12 "Groundwater." Water that is either contained in or removed 13 from an aquifer. 14 "In service." A water well that is being used to locate, 15 monitor, withdraw or inject water from or into any aquifer or 16 for the purpose of transferring heat to or from the ground or 17 groundwater. 18 "Local agency." A municipality or any combination of 19 municipalities acting cooperatively or jointly under the laws of 20 this Commonwealth, county health department or joint county 21 health department. 22 "Lot." Any part of a subdivision or a parcel of land used as 23 a building site or intended to be used for building purposes, 24 whether immediate or future, which would not be further 25 subdivided. 26 "Out of service." A water well that is not being used to 27 locate, monitor, withdraw or inject water from or into any 28 aquifer or for the purpose of transferring heat to or from the 29 ground or groundwater and which is to be temporarily or 30 permanently closed. 20000H2857B4153 - 4 -
1 "Permanent closure." A water well which has been closed in 2 accordance with the permanent closure 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 "Person." An individual, partnership, association, company, 7 corporation, municipal authority, political subdivision or 8 agency of the Federal or State Government. The term includes the 9 officers, employees and agents of any partnership, association, 10 company, corporation, municipality, municipal authority, 11 political subdivision or any agency of Federal or State 12 Government. 13 "Secretary." The Secretary of Environmental Protection of 14 the Commonwealth. 15 "Temporary closure." A water well which has been closed in 16 accordance with the temporary closure standards of the 17 regulations promulgated under this act. 18 "Water well." Any hole in the ground made with the intent to 19 locate, monitor, withdraw or inject water from or into any 20 aquifer. The term includes geothermal wells. The term does not 21 include: 22 (1) A borehole made for the purpose of mining, 23 producing, extracting or injecting any gas, petroleum or 24 other liquid related to oil or gas production or storage, 25 including brine disposal. 26 (2) A ditch or other excavation such as an agricultural 27 drain, road construction drain or culvert, curtain drain, 28 tile drain or on-lot sewage disposal system that is within 29 the soil profile and above a depth of 15 feet from the 30 surface whose purpose is the diversion, storage or 20000H2857B4153 - 5 -
1 transmission of water. 2 "Water-well alteration." Any activity that physically 3 modifies an existing water well. The term does not include 4 opening or unsealing of the water well for the purposes of 5 disinfecting the well, monitoring the groundwater level or the 6 repair and replacement of the pump or pumping equipment. 7 "Water-well construction." Any activity undertaken for the 8 purpose of creating, altering or decommissioning a water well. 9 This term includes, but is not limited to: 10 (1) The drilling, digging, boring, jetting or other 11 processes necessary to construct the hole in the ground. 12 (2) The installation and removal of well casings, 13 screens, liners, packers, sealants, aggregates, plugs and 14 other appurtenances inside the hole that are necessary to 15 either construct or decommission a water well. 16 (3) The creation and sealing of any casing penetrations 17 that are or will be located below the land surface following 18 construction of the well. 19 (4) Activities, including, but not limited to, 20 hydrofracturing, surging, jetting and brushing that are 21 undertaken on or inside a water well to modify or restore the 22 yield. 23 This term does not include the installation of pumps and pumping 24 equipment. 25 "Water-well construction permit." A permit issued by a 26 certified water-well enforcement officer stating that the water- 27 well location and casing of a newly constructed water well meet 28 the standards of this act and the regulations promulgated under 29 this act. 30 "Water-well contractor." A person that has been issued a 20000H2857B4153 - 6 -
1 valid license by the Department of Environmental Protection to 2 construct, decommission or alter water wells. 3 "Water-well driller." An individual who has been issued a 4 valid water-well driller certificate by or under the authority 5 of the Department of Environmental Protection. 6 "Water-well enforcement officer." An individual who has been 7 issued a valid water-well enforcement officer certificate by or 8 under the authority of the Department of Environmental 9 Protection. 10 "Water-well rig." The principal drilling or excavation 11 equipment used in the construction, alteration or 12 decommissioning of a water well. 13 "Well yield." The quantity of water per unit of time which 14 may flow or be pumped from a drinking water well under specified 15 conditions. 16 Section 4. Power and duties of Environmental Quality Board. 17 (a) Rules and regulations.--The board shall have the power 18 and its duty shall be to adopt rules and regulations as it deems 19 necessary for the implementation of this act. The rules and 20 regulations shall include, but not be limited to: 21 (1) Standards for the location, construction, 22 inspection, alteration and closure of water wells, provided 23 that: 24 (i) Any minimum distance requirement between an 25 existing on-lot sewage disposal system component 26 specified in the regulations under this act or in the act 27 of January 24, 1966 (1965 P.L.1535, No.537), known as the 28 Pennsylvania Sewage Facilities Act, or the regulations 29 promulgated thereunder, and a proposed water well on the 30 same lot shall not be applicable if the local agency 20000H2857B4153 - 7 -
1 finds, after reviewing appropriate groundwater studies 2 submitted by an applicant, the new distance between the 3 proposed water well and on-lot sewage disposal system 4 component will not pose a threat of pollution to the 5 water well. 6 (ii) Minimum distances between a proposed water well 7 on the applicant's lot and any on-lot sewage disposal 8 system component on any other lot must satisfy the 9 specifications set forth in the regulations under this 10 act. 11 (2) Requirements and procedures for determining and 12 reporting on water quality and well yield for drinking water 13 wells. 14 (3) Criteria for licensing and review of water-well 15 contractors and registration of water-well rigs. 16 (4) Criteria for the certification and review of water- 17 well drillers and water-well enforcement officers. 18 (5) Water-well registration and reporting requirements. 19 (6) Criteria for the programs administered by local 20 agencies under section 7, including criteria for issuing 21 water-well construction permits. 22 (b) Fees.--The board shall establish fees for water-well 23 registrations, water-well contractor license applications, 24 water-well rig permits, water-well driller certification and 25 water-well enforcement officer certification. Fees shall bear a 26 reasonable relationship to the cost of administering this act. 27 Section 5. Power and duties of Department of Environmental 28 Protection. 29 The department shall have the power and its duty shall be to: 30 (1) Administer the water-well programs established under 20000H2857B4153 - 8 -
1 this act. 2 (2) Cooperate with local agencies and appropriate 3 Federal, State and interstate units of government and with 4 appropriate private organizations in carrying out its duties 5 under this act. 6 (3) Establish procedures, forms and an appeal process 7 for the submission, review, approval, denial, modification, 8 suspension, revocation, reinstatement and rejection of any 9 water-well contractor license, water-well rig permit, water- 10 well enforcement officer certification or water-well driller 11 certification. 12 (4) Establish procedures and formats for the water-well 13 registration and water-well certification reports required by 14 this act. 15 (5) Require water-well contractors to submit geological 16 and groundwater data and any other papers, books and records 17 to the department for the purposes set forth in this act. 18 (6) Establish programs for educating the public about 19 groundwater resources, the construction and operation of 20 their water supply systems and the regulatory program enacted 21 by this act. 22 (7) Cooperate with the organizations that represent 23 water-well drillers, water-well construction inspectors and 24 businesses engaged in well-drilling activities and to assist 25 these organizations in the development of training curricula 26 that address the knowledge base, minimum skills and technical 27 aspects which will be the subject of the department's 28 certification examinations. 29 (8) Prescribe or establish minimum continuing education 30 requirements, such as the number of training hours, provided 20000H2857B4153 - 9 -
1 that renewal of certification shall not be contingent upon 2 passage of the initial certification examination. 3 (9) Review the performance of local agencies in the 4 administration of this act. 5 (10) Order a local agency to take actions deemed by the 6 department as necessary to effectively administer this act in 7 conformance with the rules and regulations of the department. 8 (11) Make inspections and require the submission of 9 papers, books and records by local agencies for the purposes 10 set forth in this act. 11 Section 6. Certification board. 12 (a) Establishment.-- 13 (1) There is hereby created within the department a 14 State Board for Certification of Water-Well Enforcement 15 Officers, Water-Well Drillers and Water-Well Contractors. 16 (2) The certification board shall consist of five 17 members to be appointed by the secretary. One member shall be 18 a representative of local government; one member shall be a 19 water-well enforcement officer certified under the provisions 20 of this act; one member shall be a practicing registered 21 professional geologist; one member shall be a water-well 22 driller certified or licensed under the provisions of this 23 act; and one shall be a water-well contractor certified or 24 licensed under the provisions of this act. 25 (3) Nominees shall be submitted to the secretary by the 26 Water-Well Construction Technical Advisory Committee which 27 shall designate a minimum of two nominees for each position. 28 (4) Each appointment shall be for a period of four 29 years. 30 (5) Until such time that a licensing and certification 20000H2857B4153 - 10 -
1 procedure is in place, the requirement that members of the 2 board be certified or licensed shall not apply. 3 (6) The secretary may reappoint certification board 4 members for one successive term. If vacancies occur prior to 5 completion of a term, the secretary shall appoint another 6 member in accordance with this section to fill the unexpired 7 term. No individual shall serve more than eight consecutive 8 years. 9 (7) No member of this committee may also be a member or 10 alternate of the Water-Well Construction Technical Advisory 11 Committee. 12 (b) Meetings.-- 13 (1) Within 180 days of the effective date of this act, 14 the secretary, or his representative, shall call the first 15 meeting of the certification board. At the initial meeting 16 the board shall elect a chairperson. Thereafter, the chairman 17 shall be elected annually. 18 (2) The board shall meet at least twice annually and 19 other meetings may be called by the chairman as needed to 20 conduct the business of the board. Three members of the board 21 shall constitute a quorum. 22 (3) The members of the board shall receive no 23 compensation for their services but shall be reimbursed for 24 actual and necessary expenses incurred in the performance of 25 their duties. 26 (c) Powers and duties.--The certification board shall have 27 the power and its duty shall be, in accordance with the rules 28 and regulations of the department, to: 29 (1) Review and pass upon applications for certification 30 of water-well enforcement officers and water-well drillers 20000H2857B4153 - 11 -
1 within 30 days of the receipt of the test results from the 2 testing contractor. If the board does not meet within this 3 time period, the applicants who have achieved the necessary 4 passing score on the certification examination and who are 5 not in violation or restrained by any department regulation 6 from certification shall be deemed to be certified. 7 (2) Administer such examinations as prepared by the 8 department, as may be deemed necessary to determine the 9 qualification of candidates for certification. Such 10 examinations shall be held no less than four times in each 11 calendar year. The board shall determine and shall announce, 12 in sufficient time, the location and time for such 13 examinations except that the board shall allow the department 14 to schedule special walk-in examinations when a local agency 15 demonstrates an immediate need to obtain a water-well 16 enforcement officer. During the first year after the 17 effective date of this act, no fees shall be charged for the 18 examinations. During the second and subsequent years, the 19 board may collect a fee of $10 from each applicant for 20 certification. 21 (3) Hold hearings and issue adjudications under the 22 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice 23 and procedure of Commonwealth agencies) on any revocation, 24 suspension or reinstatement of certification by the 25 department, provided, that the filing of an appeal with the 26 board shall not operate as an automatic supersedeas of the 27 action of the department. Notwithstanding the provisions of 28 section 1921-A of the act of April 9, 1929 (P.L.177, No.175), 29 known as The Administrative Code of 1929, such actions of the 30 department may not be appealed to the Environmental Hearing 20000H2857B4153 - 12 -
1 Board. 2 (4) Compile and keep current a register showing the 3 names and addresses of water-well enforcement officers, 4 water-well drillers and water-well contractors. Copies of 5 this register shall be furnished on request upon payment of 6 such reasonable fees as the department shall establish. 7 Section 7. Powers and duties of local agencies. 8 (a) General rule.--County or joint county departments of 9 health shall administer this act in the territorial area subject 10 to their jurisdiction. In all other areas this act shall be 11 administered by each municipality unless the municipality has 12 transferred or delegated the administration of this act to 13 another local agency or is cooperating in the administration, in 14 conformance with 53 Pa.C.S. Ch. 23 Subch. A (relating to 15 intergovernmental cooperation), and the other local agency has 16 accepted administration of this act. No local agency shall 17 voluntarily surrender administration of the provisions of this 18 act except to another local agency pursuant to this section. 19 (b) Specific powers and duties.--Each local agency, county 20 or joint county department of health, in addition to the powers 21 and duties conferred upon it by existing law, shall have the 22 power and the duty: 23 (1) To employ or contract with an adequate number of 24 water-well enforcement officers to adequately perform the 25 services required of water-well enforcement officers within 26 the time periods set forth in this act and in accordance with 27 the rules and regulations of the department. No person shall 28 be employed or contracted as a water-well enforcement officer 29 unless the person has been certified by the department 30 pursuant to standards set by the Environmental Quality Board. 20000H2857B4153 - 13 -
1 No person shall be employed or contracted as a water-well 2 enforcement officer to administer the provisions of this act 3 with respect to a water well for which the person was or is 4 the contractor. In such a case, the local agency's alternate 5 water-well enforcement officer shall administer the 6 provisions of this act with respect to the particular water 7 well. 8 (2) To have at least one alternate water-well 9 enforcement officer as authorized by the local agency to work 10 in the municipality or municipalities of the local agency. 11 (3) To employ or contract with other technical and 12 administrative personnel necessary to support the activities 13 of the water-well enforcement officer and the local agency. 14 (4) To adopt by resolution a list of individuals who are 15 water-well construction officers employed by companies or 16 corporations under contract with the local agency to perform 17 the services of sewage enforcement officers. 18 (5) To set rates of compensation, maintain offices, 19 establish personnel policies and establish administrative 20 rules or policies and to purchase necessary equipment and 21 supplies. 22 (6) To set and collect fees necessary to support the 23 administrative and personnel costs of implementing the 24 requirements of this act. When engineering or consulting 25 services are required by the local agency to complete their 26 review of a permit application, the application or review 27 fees charged for such services shall be reasonable and in 28 accordance with the ordinary and customary charges by the 29 engineer or consultant for similar service in the community, 30 and in no event shall the fees exceed the rate or cost 20000H2857B4153 - 14 -
1 charged by the engineer or consultant to the local agency 2 when fees are not reimbursed by or otherwise imposed on 3 applicants. 4 (7) To make or cause to be made such inspections and 5 tests as may be necessary to carry out the provisions of this 6 act, and the local agency's authorized representatives shall 7 have the right to enter upon lands for said purpose. 8 (8) To proceed to restrain violations of this act and 9 the rules and regulations promulgated under this act. 10 (9) To submit such reports and data to the department as 11 the department may by its rules and regulations or by order 12 require. 13 (10) To adopt and maintain standards and procedures for 14 applications and permits identical to those of the 15 department. Any other rules or regulations which the local 16 agency deems necessary in order to administer and enforce 17 this act may only be adopted if they are consistent with this 18 act and the rules and regulations promulgated under this act. 19 (11) To make such inspections of and to verify 20 measurements made by applicants on public or private 21 properties which are determined by the local agency's 22 authorized representative to have natural or manmade features 23 from which specific isolation distances are required prior to 24 the approval of water-well construction permits. The local 25 agency's authorized representative shall have the right to 26 enter upon lands for these purposes. 27 (c) Limitations.-- 28 (1) No municipality, local agency or water-well 29 enforcement officer may, orally or in writing, suggest, 30 recommend or require the use of any individual or firm 20000H2857B4153 - 15 -
1 providing services which may be required or are subject to 2 review pursuant to this act or the regulations hereunder. 3 (2) No water-well enforcement officer shall perform any 4 consulting or design work or related services required or 5 regulated under this act within the municipality or local 6 agency by which the officer is employed or with which the 7 officer has a contractual relationship. 8 (3) No water-well enforcement officer may issue a permit 9 or participate in the official processing of an application 10 for a water-well permit in which the water-well enforcement 11 officer, a relative of the water-well enforcement officer, a 12 business associate of the water-well enforcement officer or 13 an employer of the water-well enforcement officer, other than 14 the local agency, has a financial interest. 15 (d) Existing municipal ordinances.-- 16 (1) Provisions of municipal water-well construction 17 ordinances in effect on the effective date of the regulations 18 promulgated under this act that do not at least equal the 19 minimum requirements of the regulations promulgated under 20 this act shall be amended to provide for the minimum 21 requirements. 22 (2) Provisions of municipal water-well construction 23 ordinances in effect on the effective date of the regulations 24 promulgated under this act that equal or exceed the minimum 25 requirements of the regulations promulgated under this act 26 shall remain in effect until such time as they no longer 27 equal or exceed the minimum requirements of the regulations 28 adopted under this act. 29 (e) Review of ordinances by department.--After the effective 30 date of the regulations promulgated under this act, the 20000H2857B4153 - 16 -
1 department shall review any municipal water-well construction 2 ordinance proposing to exceed the minimum requirements of this 3 act based on the following standards: 4 (1) That certain clear and convincing local, geologic, 5 topographic or public health and safety circumstances or 6 conditions justify the more stringent provision. 7 (2) That the more stringent provision shall be adequate 8 for the purpose intended and shall meet a standard of 9 performance equal to or greater than that prescribed by this 10 act. 11 (3) That the more stringent provision would not diminish 12 or threaten the health, safety and welfare of the public. 13 (4) That the more stringent provision shall be generally 14 consistent with the legislative findings and purpose 15 described in section 2. 16 (f) Reimbursement.--Expenses for activities under this 17 section shall be deemed eligible for reimbursement under section 18 6(b)(1) of the act of January 24, 1966 (1965 P.L.1535, No.537), 19 known as the Pennsylvania Sewage Facilities Act. 20 Section 8. Licensing of water-well contractors and permitting 21 of water-well rigs. 22 (a) License requirement.--It shall be a violation of this 23 act for any person to undertake the construction, alteration or 24 decommissioning of a water well unless it is under the authority 25 of a valid water-well contractor license. All water-well 26 contractors shall register annually with the department. The 27 contractor shall insure that certified water-well drillers are 28 responsible for the construction, alteration and decommissioning 29 of all water wells for which the contractor has been retained. 30 The contractor shall also obtain a yearly permit for all water- 20000H2857B4153 - 17 -
1 well rigs employed in the construction, alteration or 2 decommissioning of water wells. 3 (b) Application.--An application for a license shall be in 4 writing on forms provided by the department and shall be 5 accompanied by the water-well contractor license fee and water- 6 well rig registration fee, if applicable, as established under 7 section 12, or as set by regulation of the board. The 8 application shall contain a statement showing: 9 (1) The name of the applicant. 10 (2) The business address of the applicant. 11 (3) The registration of all water-well rigs that will be 12 used during the license year. 13 (4) Any additional information the department may 14 require. 15 (c) Requirements for licensee.--Until such time as the board 16 adopts regulations on licensee qualifications, the department 17 may issue and renew licenses and rig registrations based on 18 satisfaction of the requirements contained in subsection (b). In 19 accordance with regulations promulgated under this act, the 20 applicant for a license shall meet all the following 21 requirements: 22 (1) Demonstrate to the department that the applicant and 23 the applicant's agents and employees are qualified to 24 practice water-well construction, alteration and 25 decommissioning. 26 (2) File with the department evidence of financial 27 responsibility, which shall include, but not be limited to, a 28 commercial liability insurance policy or self-insurance in an 29 amount to be prescribed by rules and regulations promulgated 30 under this act. 20000H2857B4153 - 18 -
1 (3) Pay the annual license fees. 2 (4) Register with the department any water-well rig to 3 be operated during the license year and pay a registration 4 fee for each water-well rig registered. The department shall 5 issue one water-well rig placard with the water-well 6 contractor license number for each water-well rig registered. 7 The water-well contractor shall post such placards on each 8 rig registered under his license. 9 (5) Provide any other information the department deems 10 necessary. 11 (d) Regulations.--The board shall adopt such regulations to 12 provide proof of a licensee's qualifications and to provide for 13 proof of financial responsibility of licensees as is necessary 14 to insure compliance with this act. 15 (e) Renewal.--Any license issued under this section is not 16 transferable and must be renewed annually. The board by 17 regulation may require individuals licensed under this section 18 to attend continuing education programs as a prerequisite for 19 the renewal of a license. 20 (f) Duplicates.--The department may issue a duplicate 21 license or rig registration to replace a lost or destroyed 22 license or registration. 23 (g) Suspension or revocation.--Whenever the department 24 determines that the holder of a license issued pursuant to this 25 section has violated any provision of this act, any rule or 26 regulation adopted under this act, any order of the department 27 or any condition of any license issued under this act, the 28 department may suspend or revoke that license. 29 (h) Limitation on reissuance.--The department may not issue 30 a new license to a water-well contractor within one year after 20000H2857B4153 - 19 -
1 revocation of the contractor's previous license. 2 (i) Reciprocal licensing.--The department, upon application 3 for the license and payment of the fees required by the 4 department, shall issue a water-well contractor license to a 5 person who holds a similar license in any state, territory or 6 possession of the United States, or in any foreign country, if 7 the requirements for licensing of a water-well contractor under 8 which the license was issued are of a standard not lower than 9 those specified by the provisions of this act and the rules and 10 regulations promulgated under this act. The provisions of this 11 subsection shall apply to those states and territories that 12 provide similar provisions to water-well contractors of this 13 Commonwealth. 14 (j) Equivalency.--On an annual basis, the board will 15 identify states where a license and a water-well drillers 16 certification are equivalent to the Commonwealth's standards. In 17 such cases, Commonwealth licensure or certification shall be 18 granted. 19 Section 9. Certification of water-well drillers. 20 (a) General rule.--Except as provided in subsections (b) and 21 (c), it shall be a violation of this act for any individual to 22 construct, decommission or alter a water well without first 23 obtaining, through processes approved by the department, a 24 water-well driller certificate. 25 (b) Exemption.--Any individual operating under the direct 26 supervision of a certified water-well driller is exempt from the 27 requirements of subsection (a). 28 (c) Direct supervision.--Only one water-well construction, 29 alteration or decommissioning operation can be directly 30 supervised by a licensed water-well driller at any given time 20000H2857B4153 - 20 -
1 unless all of the water-well construction, alteration or 2 decommissioning operations being supervised simultaneously are 3 being done for the same client, on the same site and under the 4 same contract with that client. 5 (d) Interim certification.--Until such time as the board 6 promulgates regulations regarding the certification requirements 7 for water-well drillers, the department shall issue interim 8 certificates to individuals that provide the department with the 9 following information: 10 (1) The name of the applicant. 11 (2) The business address of the applicant. 12 (3) The affiliation with any water-well contractor. 13 (4) Any additional information the department may 14 require. 15 Section 10. Water-well registration. 16 (a) Registration identification number.--In advance of 17 constructing or altering any water well and upon the payment of 18 the registration fee established by section 12 or as may be 19 required by regulation of the board, the water-well contractor 20 shall obtain from the department a water-well registration 21 identification number, in the form of a tag, label or other 22 device, which shall be permanently affixed to the water well 23 upon completion of the work and in a manner specified by the 24 department. 25 (b) Registration required.-- 26 (1) The information required to register newly 27 constructed or altered water wells shall be provided by the 28 water-well contractor and be on a form prescribed by the 29 department. The required information shall at a minimum 30 include: 20000H2857B4153 - 21 -
1 (i) the water-well registration identification 2 number; 3 (ii) the name of the water-well owner; 4 (iii) the address of the property owner on which the 5 water well is located; 6 (iv) the name and license number of the water-well 7 contractor responsible for the work; 8 (v) the name, certification number and signature of 9 the water-well driller that supervised the work; 10 (vi) the exact geographic location of the water 11 well; 12 (vii) a log of the water well containing a 13 description of materials penetrated; 14 (viii) the size, depth, diameters and lengths of the 15 boring, the casings and the screen installed; 16 (ix) the static water level, pumping water level and 17 pumping rate; and 18 (x) any other information the department deems 19 necessary. 20 The water quality analysis and well yield reports, as required 21 by section 11, shall be submitted to the department at the time 22 of registration of each drinking water well. 23 (2) The information required to register decommissioned 24 water wells shall be provided by the water-well contractor 25 and be on a form prescribed by the department. The required 26 information shall at a minimum include: 27 (i) the water-well registration identification 28 number, if one was previously issued for the water well; 29 (ii) the date of decommissioning; 30 (iii) the type of closure performed; 20000H2857B4153 - 22 -
1 (iv) the name and license number of the water-well 2 contractor responsible for the decommissioning; 3 (v) the name, certification number and signature of 4 the water-well driller that supervised the 5 decommissioning; 6 (vi) the exact geographic location of the water 7 well; 8 (vii) the materials used; and 9 (viii) any other information the department deems 10 necessary. 11 The water-well contractor shall return the water-well 12 registration tag to the department whenever a water well with a 13 registration tag is decommissioned. The water-well contractor 14 shall not be required to obtain a registration identification 15 number or pay a fee in connection with the decommissioning of 16 any water well. 17 (c) Certification by water-well contractor.--Within 30 days 18 of completing the construction, alteration or decommissioning of 19 a water well, the water-well contractor performing the work 20 shall provide written certification to the owner of the water 21 well that the work was performed in accordance with this act and 22 with all applicable standards, rules and regulations. This 23 certification shall be accomplished on a form prescribed by the 24 department containing the information required by this 25 subsection or as may be established by regulation of the board. 26 (d) Duty to notify local agency.--Two years after the 27 effective date of this act, the owner of a water well which was 28 never placed in service or is replaced by a new water well shall 29 notify the local agency whether the water well is either 30 temporarily or permanently closed. 20000H2857B4153 - 23 -
1 Section 11. Water quality analysis and well yield reports. 2 (a) Water quality analysis report.--The water-well 3 contractor shall submit to the department and the owner of the 4 drinking water well a water quality analysis report. The report 5 must be based on a water sample obtained from the drinking water 6 well according to the procedures established by the board under 7 section 4. 8 (b) Content.--The report shall include water quality 9 analyses performed by a laboratory certified under the act of 10 May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe 11 Drinking Water Act, of the contaminants specified by regulation 12 and any other substances which the drinking water-well owner may 13 request. 14 (c) Water quality information.--The department shall develop 15 water quality information which shall include, but not be 16 limited to, water quality standards, potential effects on human 17 health and safety relative to the tested substances, available 18 water treatment technologies and associated costs. The 19 information shall be provided to all certified laboratories and 20 water-well contractors who shall provide this information to the 21 owner of the drinking water well. 22 (d) Notice to well users.--Where the owner of a drinking 23 water well is not the sole user of the water from a drinking 24 water well, the owner shall, within 48 hours of receipt of the 25 water quality analysis report, notify all other users of the 26 results of the water quality analysis. The notice shall be given 27 by mail or by conspicuous posting at the place of use in a 28 location where it will be seen by users. 29 (e) Well yield report.--In accordance with regulations 30 adopted by the board, the water-well contractor shall submit to 20000H2857B4153 - 24 -
1 the department and drinking water-well owner a well yield 2 report. The well yield report must be based on testing of the 3 drinking water well according to the procedures established by 4 the board under section 4. 5 Section 12. Interim fees and requirements. 6 (a) Water-well registration fee.--Until alternative fees are 7 established by the board by regulation, a registration fee of 8 $35 for each water well constructed or altered after the 9 effective date of this act shall be paid by the well contractor 10 to the department. Each well contractor shall register with the 11 department each water well by completing and submitting the form 12 provided by the department, including the registration fee 13 prescribed by the department, for each water well in accordance 14 with section 11. 15 (b) Water-well contractor license fee.--Until alternative 16 annual license fees are established by the board by regulation, 17 an annual license fee of $80 shall be paid to the department by 18 any person prior to constructing or altering a water well. Each 19 water-well contractor shall apply to the department by 20 completing and submitting the application form provided by the 21 department, including the license fee, in accordance with 22 section 8. 23 (c) Water-well rig registration fee.--Until alternative 24 annual fees are established by the board by regulation, an 25 annual water-well rig registration fee $30 shall be paid to the 26 department by the water-well contractor for each water-well rig 27 which is to be owned or operated during the registration year. 28 Each water-well contractor shall register each water-well rig 29 with the department by completing and submitting the form 30 provided by the department, including the registration fee, in 20000H2857B4153 - 25 -
1 accordance with section 8. 2 (d) Water-well drillers certification fee.--Until 3 alternative annual fees are established by the board by 4 regulation, an annual water-well driller certification fee of 5 $20 shall be paid to the department by each individual water- 6 well driller. 7 (e) Use of registration fees.--All fees collected by the 8 department shall be deposited in the Water-Well Construction 9 Fund established under section 17. 10 Section 13. Recordkeeping and reports. 11 The department may require any water-well contractor to 12 establish and maintain such records and make such reports and 13 furnish such data as the department deems necessary to 14 demonstrate that the water-well contractor is complying with 15 this act and the rules and regulations promulgated under this 16 act. A copy of the written certification required by section 17 11(d) shall be kept for ten years by the water-well contractor. 18 Section 14. Water-Well Construction Technical Advisory 19 Committee. 20 (a) Establishment and composition.-- 21 (1) There is hereby established the Water-Well 22 Construction Technical Advisory Committee. The committee 23 shall consist of 19 members, all of whom shall be appointed 24 by the secretary within three months of the effective date of 25 this act and all of whom must be residents of this 26 Commonwealth with five years of experience in this 27 Commonwealth in their respective fields. In addition, one 28 alternate member shall be appointed for each member. The 29 alternate member shall take the place of the respective 30 member whenever that member is unable to attend an official 20000H2857B4153 - 26 -
1 meeting. Alternate members are encouraged to attend all 2 meetings even when not taking the place of the member. 3 (2) The committee shall be composed of the following 4 members: 5 (i) Four members shall be water-well contractors 6 recommended from the membership of the Pennsylvania 7 Ground Water Association, at least one shall be a cable 8 tool driller and at least one shall be a rotary driller. 9 (ii) Two geologists with expertise in hydrogeology 10 shall be recommended from the membership of the 11 Pennsylvania Council of Professional Geologists and 12 licensed under the act of May 23, 1945 (P.L.913, No.367), 13 known as the Engineer, Land Surveyor and Geologist 14 Registration Law. 15 (iii) One member shall be a public health official, 16 chosen from a list of at least four names submitted by 17 the department's Citizens Advisory Council to the 18 secretary. 19 (iv) Three members shall be water-well owners, 20 chosen from a list of six names submitted by the 21 department's Citizens Advisory Council to the secretary. 22 (v) One member representing Pennsylvania townships 23 of the first class shall be recommended from the 24 membership of the Pennsylvania State Association of 25 Township Commissioners. 26 (vi) One member representing Pennsylvania townships 27 of the second class shall be recommended from the 28 membership of the Pennsylvania State Association of 29 Township Supervisors. 30 (vii) One member representing Pennsylvania boroughs 20000H2857B4153 - 27 -
1 shall be recommended from the membership of the 2 Pennsylvania State Association of Boroughs. 3 (viii) One member representing Pennsylvania cities 4 shall be recommended from the membership of the 5 Pennsylvania League of Cities and Municipalities. 6 (ix) One member representing Pennsylvania counties 7 shall be recommended from the membership of the County 8 Commissioners Association of Pennsylvania. 9 (x) One member representing the home building 10 industry shall be recommended from the membership of 11 Pennsylvania Home Builders Association. 12 (xi) Two members representing agriculture shall be 13 recommended from the membership of the Pennsylvania Farm 14 Bureau. 15 (xii) One member representing sewage enforcement 16 officers shall be recommended from the membership of the 17 Pennsylvania Association of Sewage Enforcement Officers. 18 (b) Expenses.--Committee members shall not receive a salary 19 but shall be reimbursed for all necessary expenses incurred in 20 the performance of their duties. An alternate may not be 21 reimbursed unless serving in place of the appointed member. 22 (c) Meetings, chairperson, etc.--All actions of the 23 committee shall be by majority vote of the members assembled if 24 a quorum is present. A quorum shall be considered as being one 25 more than 50% of the total membership. The committee shall meet 26 upon the call of the secretary, but not less than semiannually, 27 to carry out its duties under this act. The committee shall 28 select a chairperson and other officers and establish bylaws as 29 it deems appropriate. The department shall provide clerical and 30 technical support as the committee may reasonably require. 20000H2857B4153 - 28 -
1 (d) Regulations.--The department shall consult with the 2 committee in the formulation, drafting and presentation stages 3 of all regulations promulgated under this act. The committee 4 shall be given a reasonable opportunity to review and comment on 5 all regulations prior to their submission to the board for 6 initial consideration. The written comments of the committee 7 shall be presented to the board with any regulatory proposal. 8 Section 15. Penalties and remedies. 9 (a) Summary offense.-- 10 (1) A person who violates any provision of this act, any 11 rule or regulation of the department, any order of the 12 department, or any term or condition of a well registration 13 or license of the department issued under this act, or who 14 resists or interferes with an officer, agent or employee of 15 the department in the performance of his duties commits a 16 summary offense and shall, upon conviction, be sentenced to 17 pay a fine of not less than $100 nor more than $1,000 and 18 costs for each separate offense or, in default of payment 19 thereof, shall be sentenced to imprisonment for a period of 20 not more than 30 days. 21 (2) For purposes of this subsection, a summary offense 22 may be prosecuted before any district justice in the county 23 where the offense occurred. 24 (3) Employees of the department authorized to conduct 25 inspections or investigations are hereby declared to be law 26 enforcement officers authorized to issue or file citations 27 for summary violations under this act and the General Counsel 28 is hereby authorized to prosecute these offenses. 29 (b) Equitable relief.--The department may apply to the 30 Commonwealth Court or to a court of common pleas having 20000H2857B4153 - 29 -
1 jurisdiction for preliminary, special or final injunction to 2 restrain or prevent violations of this act or to compel 3 compliance with this act or any rule, regulation, order, license 4 or registration issued under this act. 5 (c) Civil penalties.-- 6 (1) In addition to proceeding under any other remedy 7 available at law or in equity for a violation of any 8 provision of this act, any rule or regulation of the 9 department or order of the department, or any term or 10 condition of any well registration or license issued under 11 this act, the department may assess a civil penalty upon a 12 person for such violation. The maximum civil penalty which 13 may be assessed under this subsection shall be $1,000 per day 14 for each violation. The penalty may be assessed whether the 15 violation was willful or negligent. 16 (2) When the department assesses a civil penalty, it 17 shall inform the person of the amount of the penalty. The 18 person charged with the penalty shall then have 30 days to 19 pay the penalty in full or, if the person wishes to contest 20 either the amount of the penalty or the fact of the 21 violation, the person shall, within the 30-day period, file 22 an appeal of the action with the Environmental Hearing Board. 23 Failure to appeal within 30 days shall result in a waiver of 24 all legal rights to contest the violation or the amount of 25 the penalty. 26 (d) Remedies cumulative.--The penalties and remedies 27 prescribed by this act shall be deemed cumulative, and the 28 existence of or exercise of any remedy shall not prevent the 29 department from exercising any other remedy under this act, at 30 law or in equity. 20000H2857B4153 - 30 -
1 (e) Separate offense.--Violations on separate days shall 2 constitute separate offenses. 3 Section 16. Local agency hearings and appeals. 4 (a) Right to hearing.--Any person aggrieved by an action of 5 a local agency or water-well enforcement officer in granting or 6 denying a permit, issuing an order or other actions taken under 7 this act shall have the right within 30 days after receipt of 8 notice of the action to request a hearing before the local 9 agency. 10 (b) Revocation of permits.-- 11 (1) Revocation of permits shall occur only after notice 12 and opportunity for hearing have been given to the permittee. 13 (2) If work has not been commenced on a property for 14 which a water-well construction permit has been issued and 15 for which the applicant has received notice of a permit 16 revocation, the applicant may not commence work on the water 17 well and the permit shall be suspended until the applicant 18 has requested a hearing under subsection (a), the hearing has 19 been conducted and a decision announced or the time for such 20 request has expired. If the time has expired and no hearing 21 request has been received by the local agency, the revocation 22 shall be final. 23 (c) Hearings.--Hearings under subsections (a) and (b) shall 24 be conducted pursuant to 2 Pa.C.S. Ch. 5 Subch. B (relating to 25 practice and procedure of local agencies). 26 (d) Appeals.-- 27 (1) Any subsequent appeal shall be to the court of 28 common pleas of the county where the land to which the permit 29 pertains is located. The Attorney General shall be notified 30 in writing by the appellant of any appeal challenging the 20000H2857B4153 - 31 -
1 constitutionality of any provision of this act or the 2 validity of any rule or regulation promulgated under this 3 act. 4 (2) Any order, permit or decision of the department 5 under this act, except as otherwise provided by sections 5 6 and 6(c), shall be taken, subject to the right of notice and 7 appeal to the Environmental Hearing Board, pursuant to 8 section 1921-A of the act of April 9, 1929 (P.L.177, No.175), 9 known as The Administrative Code of 1929 and 2 Pa.C.S. Ch. 5 10 Subch. A (relating to practice and procedure of Commonwealth 11 agencies). 12 Section 17. Water-Well Construction Fund. 13 There is hereby established in the State Treasury a 14 restricted nonlapsing fund to be known as the Water-Well 15 Construction Fund for the deposit of all fees, fines and civil 16 penalties authorized by this act and collected by the 17 department. All moneys in this fund are hereby appropriated on a 18 continuing basis to the department for the costs of 19 administering the provisions of this act. 20 Section 18. Transfer of funds. 21 All moneys currently collected under the act of May 29, 1956 22 (1955 P.L.1840, No.610), known as the Water Well Drillers 23 License Act, shall be immediately transferred to the Water-Well 24 Construction Fund. 25 Section 19. Status of existing licenses and permits. 26 Water-well driller licenses and water-well rig permits issued 27 under the act of May 29, 1956 (1955 P.L.1840, No.610), known as 28 the Water Well Drillers License Act, shall remain in full force 29 and effect for six months after the effective date of the 30 regulations adopted under this act. 20000H2857B4153 - 32 -
1 Section 20. Buyer notification requirements. 2 (a) Water-well construction disclosure.--Every contract for 3 the sale of a lot for which a required water-well construction 4 permit has not been issued shall not be enforceable by the 5 seller against the buyer unless it contains a statement that 6 clearly indicates to the buyer that offsite water services are 7 not available for that lot and that a water well must be 8 constructed subject to the requirements of this act. 9 (b) Cistern disclosure.--Every contract for the sale of a 10 lot served by a cistern, whether permanent or temporary, from 11 which water is conveyed by any water-carrying system and which 12 is designed and constructed to meet the sanitary or consumptive 13 needs of the occupants or residents shall contain a statement in 14 the contract that clearly indicates that the property is served 15 by such a cistern and shall provide a history of the annual cost 16 of maintaining the cistern from the date of its installation or 17 the effective date of this act, whichever is later. If there is 18 no prior cost history, an estimate shall be presented in its 19 place. 20 (c) Isolation distance disclosure.--Every contract for sale 21 of a lot which is served by a water well which was installed 22 under this act with an isolation distance less than the distance 23 specified by regulation shall contain a statement in the 24 contract that clearly indicates to the buyer that the isolation 25 distances required by regulation between the individual on-lot 26 system components and the water well on the property being sold 27 were not met and contain an explanation of the reasons why. 28 Section 21. Repeal. 29 The act of May 29, 1956 (1955 P.L.1840, No.610), known as the 30 Water Well Drillers License Act, is repealed. 20000H2857B4153 - 33 -
1 Section 22. Construction. 2 Unless where specifically authorized, nothing in this act 3 shall be construed to alter the requirements contained in the 4 act of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania 5 Safe Drinking Water Act, and applicable regulations or the 6 requirements contained in other environmental statutes. 7 Section 23. Effective date. 8 This act shall take effect as follows: 9 (1) Section 7 shall take effect 180 days after 10 promulgation of regulations established by the Environmental 11 Quality Board under section 4. 12 (2) Section 11 shall take effect upon promulgation of 13 regulations established by the Environmental Quality Board 14 under section 4. 15 (3) The remainder of this act shall take effect 16 immediately. J6L27DMS/20000H2857B4153 - 34 -