PRINTER'S NO. 2500
No. 2011 Session of 1995
INTRODUCED BY MASLAND, ALLEN, HERSHEY, PETTIT, HALUSKA, EGOLF,
PETRONE, McCALL, SHANER, SERAFINI, MELIO, CURRY, ITKIN,
HENNESSEY, CLARK, KREBS, LAUGHLIN, MICOZZIE, TIGUE, NICKOL,
DEMPSEY, ARGALL, STRITTMATTER, TRELLO, SEMMEL, PESCI,
STEELMAN, BATTISTO, D. W. SNYDER AND STURLA,
SEPTEMBER 25, 1995
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 25, 1995
AN ACT
1 Providing for the regulation of the location and construction of
2 water wells, for licensing 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; and establishing
7 the Water Well Construction Account.
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. Powers and duties of Environmental
13 Quality Board.
14 Section 5. Powers and duties of Department of Environmental
15 Protection.
16 Section 6. Well registrations.
17 Section 7. Administration by local agencies.
18 Section 8. Water quality analysis and well yield report.
1 Section 9. License and drilling rig registration.
2 Section 10. Interim fees and requirements.
3 Section 11. Recordkeeping and reports.
4 Section 12. Water Well Construction Technical
5 Advisory Committee.
6 Section 13. Penalties and remedies.
7 Section 14. Appeals.
8 Section 15. Water Well Construction Account.
9 Section 16. Transfer of funds.
10 Section 17. Status of existing licenses and permits.
11 Section 18. Repeal.
12 Section 19. Effective date.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Short title.
16 This act shall be known and may be cited as the Water Well
17 Construction Act.
18 Section 2. Legislative findings and declaration of purpose.
19 (a) Findings.--The General Assembly finds that a large
20 portion of this Commonwealth's citizens rely on water wells for
21 drinking water and that improperly constructed wells can
22 adversely affect public health and cause groundwater
23 contamination.
24 (b) Purpose.--The purpose of this act is to:
25 (1) Protect public health and safety by establishing
26 water well location and construction standards for drinking
27 water wells.
28 (2) Establish a Statewide program to regulate water well
29 construction in a manner which will protect the groundwater
30 resource for present and future use.
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1 (3) Protect public health and safety and groundwater
2 resources through the licensing of water well contractors.
3 (4) Provide information on groundwater quantity and
4 quality which will enhance the economic and efficient use of
5 this Commonwealth's groundwater resources.
6 Section 3. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Alteration." The breaking or opening of a water well for
11 the purpose of modifying the well construction or well yield,
12 except for disinfection, groundwater monitoring or the repair or
13 replacement of a pump or pumping equipment.
14 "Aquifer." Any geologic material, including, but not limited
15 to, soil, sand, gravel or rock, below the land surface which has
16 the capability to transmit water.
17 "Board." The Environmental Quality Board.
18 "Committee." The Water Well Construction Technical Advisory
19 Committee.
20 "Department." The Department of Environmental Protection of
21 the Commonwealth.
22 "Drinking water well." Any water well which provides or is
23 intended to provide water for human consumption if the well is
24 not regulated under the act of May 1, 1984 (P.L.206, No.43),
25 known as the Pennsylvania Safe Drinking Water Act.
26 "Groundwater." Water beneath the land surface.
27 "Local agency." A municipality or any combination of
28 municipalities acting cooperatively or jointly under the laws of
29 this Commonwealth or a county, county health department or joint
30 county health department.
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1 "Person." An individual, partnership, association, company,
2 corporation, municipality, municipal authority, political
3 subdivision or agency of the Federal or State Government. The
4 term includes the officers, employees and agents of any
5 partnership, association, company, corporation, municipality,
6 municipal authority, political subdivision or any agency of
7 Federal or State Government.
8 "Secretary." The Secretary of the Department of
9 Environmental Protection of the Commonwealth.
10 "Water well." Any hole in the ground made to locate,
11 monitor, withdraw or inject water from or into any aquifer. The
12 term also includes any hole in the ground for the purpose of
13 using groundwater as part of a heating or cooling system and any
14 monitoring well. The term does not include any borehole made for
15 the purpose of mining, producing, extracting or injecting any
16 gas, petroleum or other liquid related to oil or gas production
17 or storage, including brine disposal.
18 "Water well construction." Any activity undertaken to obtain
19 groundwater from or to inject water into any aquifer, including
20 the location and excavation or drilling of a water well, but
21 excluding the installation of a pump and pumping equipment. The
22 term does not include any borehole made for the purpose of
23 mining, or producing, extracting or injecting any gas, petroleum
24 or other liquid related to oil or gas production or storage,
25 including brine disposal.
26 "Well contractor." A person licensed by the Department of
27 Environmental Protection under section 9 to construct, abandon
28 or alter a water well.
29 "Well yield." The quantity of water per unit of time which
30 may flow or be pumped from a well under specified conditions.
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1 Section 4. Powers and duties of Environmental Quality Board.
2 (a) Rules and regulations.--The board shall have the power
3 and its duty shall be to adopt rules and regulations as it deems
4 necessary for the implementation of this act. The rules and
5 regulations shall include, but not be limited to, the following:
6 (1) Standards for the location, construction, alteration
7 and abandonment of water wells.
8 (2) Requirements and procedures for determining and
9 reporting on water quality and well yield for drinking water
10 wells.
11 (3) Criteria for licensing well contractors and
12 registration of drilling rigs.
13 (4) Water well registration and reporting requirements.
14 (5) Criteria for a waiver of the location standards
15 where these standards cannot be met for a well to be drilled
16 on property which was subdivided on or before the effective
17 date of this act, provided that alternative measures are
18 taken that are adequate to protect public health and safety
19 and groundwater resources.
20 (b) Fees.--The board shall establish fees for water well
21 registrations, license applications, drilling rig registrations
22 and any other activity pursuant to this act. Fees shall bear a
23 reasonable relationship to the cost of administering this act.
24 Section 5. Power and duties of Department of Environmental
25 Protection.
26 The department shall have the power and its duty shall be to:
27 (1) Administer the water well programs established under
28 this act.
29 (2) Cooperate with local agencies and appropriate
30 Federal, State and interstate units of government and with
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1 appropriate private organizations in carrying out its duties
2 under this act.
3 (3) Establish procedures and forms for the submission,
4 review, approval and rejection of any license application,
5 registration and report required by this act.
6 (4) Require well contractors to submit geological and
7 groundwater data and any other papers, books and records to
8 the department for the purposes set forth in this act.
9 (5) Issue, modify, suspend or deny licenses and drilling
10 rig registrations.
11 (6) Establish programs for public education and for the
12 continuing education of well contractors. The programs shall
13 include a formal offering of instruction or information to
14 licensees for the purpose of maintaining skills necessary for
15 the protection of groundwater and the health and welfare of
16 the citizens and the competent practice of the construction,
17 alteration and abandonment of water wells.
18 (7) Issue orders, assess civil penalties and initiate
19 proceedings as may be necessary for the enforcement of this
20 act and the rules and regulations adopted pursuant to this
21 act. These actions shall include, but are not limited to, the
22 initiation of criminal prosecutions, including issuance of
23 summary citations by agents of the department.
24 Section 6. Well registrations.
25 (a) Registration required.--Water wells constructed, altered
26 or abandoned after the effective date of this act shall be
27 registered with the department by the well contractor performing
28 the work no later than the end of the calendar quarter following
29 the quarter in which the work was completed. The registration
30 shall be accomplished upon a form or in a format and accompanied
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1 by such information as prescribed by the department or as may be
2 required by regulation of the board. The registration of a water
3 well shall be deemed to be certification to the department by
4 the well contractor that the work described therein was
5 performed in accordance with the standards set forth in this act
6 and as may be established by regulation of the board.
7 (b) Registration information.--At a minimum, the
8 registration of a newly constructed or altered well shall
9 identify the names and addresses of the well owner and well
10 contractor performing the work, the exact geographic location
11 and log of the well containing a description of materials
12 penetrated, the size and depth, the diameters and lengths of
13 casing and screen installed, the static and pumping levels and
14 the well yield. At a minimum, the registration of an abandoned
15 well shall identify the well contractor performing the work, the
16 exact geographic location of the well, the materials used and
17 method of emplacement. Information on water quality and well
18 yield of drinking water wells, as required by section 8, shall
19 be submitted to the department at the time of registration of
20 such wells.
21 (c) Registration identification number.--In advance of
22 constructing or altering any water well and upon the payment of
23 the registration fee established by section 10 or as may be
24 required by regulation of the board, the well contractor shall
25 obtain from the department a well registration number, in the
26 form of a label or other device, which shall be permanently
27 affixed to the well upon completion of the work and in a manner
28 specified by the department. The well contractor shall return
29 the well registration number label to the department in
30 connection with the abandonment of any water well which occurs
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1 after the effective date of this act or the alteration of any
2 water well which is constructed after the effective date of this
3 act. The number shall be recorded with the well registration
4 made to the department by the well contractor in accordance with
5 subsection (a). The well contractor shall not be required to
6 obtain a well registration number or pay a fee in connection
7 with the abandonment of any water well.
8 (d) Certification by well contractor.--Within 30 days of
9 completing the construction, alteration or abandonment of a
10 water well, the well contractor performing the work shall
11 provide written certification to the owner of the water well
12 that the work was performed in accordance with this act and with
13 all applicable standards, rules and regulations. This
14 certification shall be accomplished on a registration form
15 prescribed by the department containing the information required
16 by subsection (b) or as may be established by regulation of the
17 board.
18 Section 7. Administration by local agencies.
19 Nothing in this act shall prevent local agencies from
20 enacting local ordinances regulating water well construction
21 provided that the ordinance is not less stringent than the
22 standards for water well construction, water well location and
23 well abandonment adopted by the board under this act.
24 Section 8. Water quality analysis and well yield report.
25 (a) Submission.--In accordance with regulations adopted by
26 the board, the well contractor shall submit to the department
27 and drinking water well owner a water quality analysis report.
28 The report must be based on a water sample obtained from the
29 drinking water well according to the procedures established by
30 the board under section 4.
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1 (b) Content.--The report shall include water quality
2 analyses performed by a laboratory certified under the act of
3 May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
4 Drinking Water Act, of the contaminants specified by regulation
5 and any other substances which the drinking water well owner may
6 request.
7 (c) Water quality information.--The department shall develop
8 water quality information which shall include, but not be
9 limited to, drinking water quality standards, potential effects
10 on human health and safety relative to the tested substances,
11 available water treatment technologies and associated costs. The
12 information shall be provided to all certified laboratories and
13 well contractors who shall provide this information to the owner
14 of the drinking water well.
15 (d) Well yield information.--In accordance with regulations
16 adopted by the board, the well contractor shall submit to the
17 department and drinking water well owner a well yield report.
18 The well yield report must be based on testing of the drinking
19 water well according to the procedures established by the board
20 under section 4.
21 (e) Notice to well users.--Where the owner of a drinking
22 water well is not the primary user of the drinking water well,
23 the owner shall, within 48 hours of receipt of the water quality
24 analysis report, notify other users of the results of the water
25 quality analysis. The notice shall be given by mail or by
26 conspicuous posting at the place of use in a location where it
27 will be seen by users.
28 (f) Effective date.--The requirements to provide water
29 quality analysis and well yield reports to drinking water well
30 owners will take effect upon promulgation of regulations
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1 established by the board under section 4.
2 Section 9. Licenses and drilling rig registration.
3 (a) License requirement.--Except as provided in subsection
4 (b), it shall be unlawful for any person to construct or alter a
5 water well without first obtaining from the department a license
6 to conduct such activity. Failure to obtain a license under this
7 subsection shall constitute a violation of this act. The board
8 by regulation may require that abandonment of a water well shall
9 be performed by a licensed well contractor.
10 (b) Exemption.--Any individual operating under the direct
11 supervision of a licensed well contractor is exempt from the
12 requirements of subsection (a).
13 (c) Application.--An application for a license shall be in
14 writing on forms provided by the department and shall be
15 accompanied by the well contractor license fee and rig
16 registration fee, if applicable, as established under section 10
17 or as set by regulation of the board. The application shall
18 contain a statement showing:
19 (1) The name of the applicant.
20 (2) The business address of the applicant.
21 (3) The residence of the applicant.
22 (4) The registration of any drilling rig which will be
23 owned or operated by the licensee during the license year.
24 (5) Any additional information the department may
25 require.
26 (d) Requirements for licensee.--Until such time as the board
27 promulgates regulations on licensee qualifications, the
28 department may issue and renew licenses and rig registrations
29 based on satisfaction of the requirements contained in
30 subsection (c). In accordance with regulations adopted under
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1 this act, the applicant for a license shall meet all the
2 following requirements:
3 (1) Demonstrate to the department that the applicant and
4 the applicant's agents and employees are qualified to
5 practice water well construction, alteration and abandonment.
6 (2) File with the department evidence of financial
7 responsibility, which shall include, but not be limited to, a
8 commercial liability insurance policy or self-insurance in an
9 amount to be prescribed by rules and regulations under this
10 act.
11 (3) Pay the annual license fees.
12 (4) Register with the department any drilling rig which
13 will be owned and operated during the license year and pay a
14 registration fee for each rig registered. The department
15 shall issue one drilling rig placard with the well
16 contractor's license number for each drilling rig registered.
17 The well contractor must post such placards on each rig
18 registered under this license.
19 (5) Provide any other information the department deems
20 necessary.
21 (e) Regulations.--The board may adopt such regulations to
22 provide proof of a licensee's qualifications and to provide for
23 proof of financial responsibility of licensees as are necessary
24 to insure compliance with this act.
25 (f) Renewal.--Any license issued under this section is not
26 transferable and shall be renewed annually. The board by
27 regulation may require each individual operating under a license
28 under this section to attend continuing education programs as a
29 prerequisite for the renewal of a license.
30 (g) Duplicates.--The department may issue a duplicate
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1 license or rig registration to replace a lost or destroyed
2 license or registration.
3 (h) Suspension or revocation.--Whenever the department
4 determines that the holder of a license issued pursuant to this
5 section has violated any provision of this act, any rule or
6 regulation adopted under this act, any order of the department
7 or any condition of any license issued under this act, the
8 department is authorized to suspend or revoke any such license.
9 (i) Limitation on reissuance.--The department shall not
10 issue a new license to a well contractor within one year after
11 revocation of the contractor's previous license.
12 (j) Reciprocal licensing.--The department, upon application
13 for the license and payment of the fees required by the
14 department, may issue a well contractor license to a person who
15 holds a similar license in any state, territory or possession of
16 the United States, or in any foreign country, if the
17 requirements for licensing of a well contractor under which the
18 license was issued are of a standard not lower than those
19 specified by the provisions of this act and the rules and
20 regulations adopted under this act. The provisions of this
21 subsection shall apply to those states and territories that
22 provide similar provisions to water well contractors of this
23 Commonwealth.
24 Section 10. Interim fees and requirements.
25 (a) Water well registration fees.--Until alternative fees
26 are established by the board by regulation, a registration fee
27 of $35 for each water well constructed or altered after the
28 effective date of this act shall be paid by the well contractor
29 to the department in accordance with section 6.
30 (b) Interim requirements.--Until such time as the board
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1 adopts registration requirements and fees for water wells by
2 regulation, no person shall construct or alter a water well
3 unless the interim registration fee has been paid. Each well
4 contractor shall register with the department each water well by
5 completing and submitting the form provided by the department,
6 including the registration fee prescribed by the department, for
7 each water well in accordance with section 6.
8 (c) Well contractor license fee.--Until alternative annual
9 license fees and requirements are established by the board by
10 regulation, an annual license fee of $80 is to be paid to the
11 department by any person prior to constructing or altering a
12 water well. Each well contractor shall apply to the department
13 by completing and submitting the application form provided by
14 the department, including the license fee in accordance with
15 section 11.
16 (d) Drilling rig registration fee.--Until alternative annual
17 fees are established by the board by regulation, an annual
18 drilling rig registration fee of $30 is to be paid to the
19 department by the well contractor for each drilling rig which is
20 to be owned or operated during the registration year. Each well
21 contractor shall register each drilling rig with the department
22 by completing and submitting the form provided by the
23 department, including the registration fee in accordance with
24 section 11.
25 (e) Use of registration fees.--All fees collected by the
26 department shall be deposited in the Water Well Construction
27 Account established under section 15 and are to be used to fund
28 the development and operation of the water well programs
29 established under this act.
30 Section 11. Recordkeeping and reports.
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1 The department is authorized to require any well contractor
2 to establish and maintain such records and make such reports and
3 furnish such data as the department deems necessary to
4 demonstrate that the well contractor is complying with this act
5 and the rules and regulations adopted under this act. The
6 written certification required by section 6(d) shall be kept for
7 ten years by the well contractor.
8 Section 12. Water Well Construction Technical Advisory
9 Committee.
10 (a) Establishment and composition.--There is hereby
11 established the Water Well Construction Technical Advisory
12 Committee. The committee shall consist of seven members, all of
13 whom shall be appointed by the secretary within three months of
14 the effective date of this act and all of whom must be residents
15 of this Commonwealth with five years of experience in this
16 Commonwealth in their respective fields. Two members shall be
17 water well contractors, one a cable tool driller and the other a
18 rotary driller. One member shall be a hydrogeologist licensed
19 under the act of May 23, 1945 (P.L.913, No.367), known as the
20 Engineer, Land Surveyor and Geologist Registration Law, and one
21 member shall be a practicing sanitarian, chosen from a list of
22 at least four names submitted by the department's Citizens
23 Advisory Council to the secretary, who shall sit as a
24 representative of the public interest. One member shall
25 represent the home building industry. One member shall be a
26 practicing sewage enforcement officer, and one member shall be a
27 representative of township government.
28 (b) Expenses.--Committee members shall not receive a salary
29 but shall be reimbursed for all necessary expenses incurred in
30 the performance of their duties.
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1 (c) Meetings, chairperson, etc.--All actions of the
2 committee shall be by majority vote of the full committee. The
3 committee shall meet upon the call of the secretary, but not
4 less than semiannually, to carry out its duties under this act.
5 The committee shall select a chairperson and other officers and
6 establish bylaws as it deems appropriate. The department shall
7 provide clerical and technical support as the committee may
8 reasonably require.
9 (d) Formulation of regulations, etc.--The department shall
10 consult with the committee in the formulation, drafting and
11 presentation stages of all regulations of a technical nature
12 promulgated under this act. The committee shall be given a
13 reasonable opportunity to review and comment on all regulations
14 of a technical nature prior to their submission to the board for
15 initial consideration. The written comments of the committee
16 shall be presented to the board with any regulatory proposal.
17 Section 13. Penalties and remedies.
18 (a) Summary offense.--A person who violates any provision of
19 this act, any rule or regulation of the department, any order of
20 the department, or any term or condition of a well registration
21 or license of the department issued under this act, or who
22 resists or interferes with an officer, agent or employee of the
23 department in the performance of his duties commits a summary
24 offense and shall, upon conviction, be sentenced to pay a fine
25 of not less than $100 nor more than $1,000 and costs for each
26 separate offense or, in default of payment thereof, shall be
27 sentenced to imprisonment for a period of not more than 30 days.
28 For purposes of this subsection, a summary offense may be
29 prosecuted before any district justice in the county where the
30 offense occurred. Employees of the department authorized to
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1 conduct inspections or investigations are hereby declared to be
2 law enforcement officers authorized to issue or file citations
3 for summary violations under this act, and the General Counsel
4 is hereby authorized to prosecute these offenses.
5 (b) Equitable relief.--The department may apply to the
6 Commonwealth Court or to a court of common pleas having
7 jurisdiction for a preliminary, special or final injunction to
8 restrain or prevent violations of this act or to compel
9 compliance with this act or any rule, regulation, order, license
10 or registration issued under this act.
11 (c) Civil penalties.--In addition to proceeding under any
12 other remedy available at law or in equity for a violation of
13 any provision of this act, any rule or regulation of the
14 department or order of the department, or any term or condition
15 of any well registration or license issued under this act, the
16 department may assess a civil penalty upon a person for such
17 violation. The penalty may be assessed whether the violation was
18 willful or negligent. When the department assesses a civil
19 penalty, it shall inform the person of the amount of the
20 penalty. The person charged with the penalty shall then have 30
21 days to pay the penalty in full or, if the person wishes to
22 contest either the amount of the penalty or the fact of the
23 violation, the person shall, within the 30-day period, file an
24 appeal of the action with the Environmental Hearing Board.
25 Failure to appeal within 30 days shall result in a waiver of all
26 legal rights to contest the violation or the amount of the
27 penalty. The maximum civil penalty which may be assessed under
28 this section is $1,000 per day for each violation.
29 (d) Remedies cumulative.--The penalties and remedies
30 prescribed by this act shall be deemed cumulative, and the
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1 existence of or exercise of any remedy shall not prevent the
2 department from exercising any other remedy under this act, at
3 law or in equity.
4 (e) Each day separate offense.--Violations on separate days
5 shall constitute separate offenses.
6 Section 14. Appeals.
7 (a) Appeal to Environmental Hearing Board.--Any person who
8 is aggrieved by any action of the department taken under the
9 provisions of this act, including, but not limited to, denials
10 of licenses, shall have the right, within 30 days of receipt of
11 the notice thereof, to appeal the action to the Environmental
12 Hearing Board in accordance with the act of July 13, 1988
13 (P.L.530, No.94), known as the Environmental Hearing Board Act,
14 and 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure
15 of Commonwealth agencies).
16 Section 15. Water Well Construction Account.
17 (a) Establishment.--All fees, fines and penalties received
18 by the department under this act shall be paid into the State
19 Treasury into a nonlapsing restricted account to be known as the
20 Water Well Construction Account, which is hereby established.
21 (b) Appropriation.--All moneys placed in the Water Well
22 Construction Account are hereby appropriated to the department
23 for the purposes set forth in this act upon approval of the
24 Governor.
25 (c) Allocations.--The department shall, to the extent
26 practicable, allocate the moneys received by the Water Well
27 Construction Account, including all interest generated thereon,
28 for the development and implementation of the programs set forth
29 in this act. This includes public information, public education
30 and technical assistance programs for drinking water wells.
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1 Section 16. Transfer of funds.
2 All moneys currently collected under the act of May 29, 1956
3 (1955 P.L.1840, No.610), known as the Water Well Drillers
4 License Act, shall be immediately transferred to the Water Well
5 Construction Account.
6 Section 17. Status of existing licenses and permits.
7 Well driller licenses and drilling rig permits issued under
8 the act of May 29, 1956 (1955 P.L.1840, No.610), known as the
9 Water Well Drillers License Act, shall remain in full force and
10 effect for six months after the effective date of this act.
11 Licensees shall apply for a license and register drilling rigs
12 under this act no later than 60 days prior to the expiration of
13 their current licenses and annually thereafter and receive a
14 license before they construct or alter a water well.
15 Section 18. Repeal.
16 The act of May 29, 1956 (1955 P.L.1840, No.610), known as the
17 Water Well Drillers License Act, is repealed. Nothing in this
18 act shall be construed to alter the requirements contained in
19 the act of May 1, 1984 (P.L.206, No.43), known as the
20 Pennsylvania Safe Drinking Water Act, and applicable
21 regulations, or the requirements contained in other
22 environmental statutes.
23 Section 19. Effective date.
24 This act shall take effect immediately.
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