PRINTER'S NO. 2272
No. 1587 Session of 2000
INTRODUCED BY GREENLEAF, MUSTO, CONTI, COSTA, TILGHMAN AND
LEMMOND, NOVEMBER 6, 2000
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, NOVEMBER 6, 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.
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. Buyer notification requirements.
12 Section 21. Repeal.
13 Section 22. Construction.
14 Section 23. Effective date.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Short title.
18 This act shall be known and may be cited as the Water-Well
19 Construction Act.
20 Section 2. Legislative findings and declaration of purpose.
21 (a) Findings.--The General Assembly finds that a large
22 portion of this Commonwealth's citizens rely on water wells for
23 drinking water and that improperly constructed water wells can
24 adversely affect public health and cause groundwater
25 contamination.
26 (b) Purpose.--The purpose of this act is to:
27 (1) Protect public health and safety by establishing
28 location and construction standards for water wells.
29 (2) Establish a Statewide program to regulate water-well
30 construction in a manner which will protect the groundwater
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1 resource for present and future use.
2 (3) Protect public health and safety and groundwater
3 resources through the licensing of water-well contractors.
4 (4) Provide information on groundwater quantity and
5 quality which will enhance the economic and efficient use of
6 this Commonwealth's groundwater resources.
7 Section 3. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Aquifer." Any geologic material, including, but not limited
12 to, sand, gravel or rock, below the land surface which has the
13 capability to transmit water.
14 "Board." The Environmental Quality Board.
15 "Casing penetration." Any hole or slot that is bored, cut,
16 ripped, burned or otherwise created through the wall of a well
17 casing at any point below the land surface. This term includes,
18 but is not limited to, any hole below the land surface that is
19 necessary to install or operate any pumping or other equipment
20 in the well.
21 "Certification board." The administrative board within the
22 Department of Environmental Protection established in section 6.
23 "Committee." The Water-Well Construction Technical Advisory
24 Committee.
25 "Decommissioned water well." Any water well in service after
26 the effective date of this act which is subsequently taken out
27 of service.
28 "Department." The Department of Environmental Protection of
29 the Commonwealth.
30 "Direct supervision." Being observed and directed by a
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1 licensed water-well driller who is onsite.
2 "Drinking water well." Any water well which provides or is
3 intended to provide water for human consumption if the well is
4 not regulated under the act of May 1, 1984 (P.L.206, No.43),
5 known as the Pennsylvania Safe Drinking Water Act.
6 "Geothermal well." Any hole in the ground constructed for
7 the purpose of extracting heat from or transferring heat to the
8 ground or groundwater. This term does not include trenches
9 necessary for installation of horizontal closed-loop heat
10 transfer systems.
11 "Groundwater." Water that is either contained in or removed
12 from an aquifer.
13 "In service." A water well that is being used to locate,
14 monitor, withdraw or inject water from or into any aquifer or
15 for the purpose of transferring heat to or from the ground or
16 groundwater.
17 "Local agency." A municipality or any combination of
18 municipalities acting cooperatively or jointly under the laws of
19 this Commonwealth, county health department or joint county
20 health department.
21 "Lot." Any part of a subdivision or a parcel of land used as
22 a building site or intended to be used for building purposes,
23 whether immediate or future, which would not be further
24 subdivided.
25 "Out of service." A water well that is not being used to
26 locate, monitor, withdraw or inject water from or into any
27 aquifer or for the purpose of transferring heat to or from the
28 ground or groundwater and which is to be temporarily or
29 permanently closed.
30 "Permanent closure." A water well which has been closed in
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1 accordance with the permanent closure standards in the
2 regulations promulgated under this act and which is released
3 from liability under the act of June 22, 1937 (P.L.1987,
4 No.394), known as The Clean Streams Law.
5 "Person." An individual, partnership, association, company,
6 corporation, municipal authority, political subdivision or
7 agency of the Federal or State Government. The term includes the
8 officers, employees and agents of any partnership, association,
9 company, corporation, municipality, municipal authority,
10 political subdivision or any agency of Federal or State
11 Government.
12 "Secretary." The Secretary of Environmental Protection of
13 the Commonwealth.
14 "Temporary closure." A water well which has been closed in
15 accordance with the temporary closure standards of the
16 regulations promulgated under this act.
17 "Water well." Any hole in the ground made with the intent to
18 locate, monitor, withdraw or inject water from or into any
19 aquifer. The term includes geothermal wells. The term does not
20 include:
21 (1) A borehole made for the purpose of mining,
22 producing, extracting or injecting any gas, petroleum or
23 other liquid related to oil or gas production or storage,
24 including brine disposal.
25 (2) A ditch or other excavation such as an agricultural
26 drain, road construction drain or culvert, curtain drain,
27 tile drain or on-lot sewage disposal system that is within
28 the soil profile and above a depth of 15 feet from the
29 surface whose purpose is the diversion, storage or
30 transmission of water.
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1 "Water-well alteration." Any activity that physically
2 modifies an existing water well. The term does not include
3 opening or unsealing of the water well for the purposes of
4 disinfecting the well, monitoring the groundwater level or the
5 repair and replacement of the pump or pumping equipment.
6 "Water-well construction." Any activity undertaken for the
7 purpose of creating, altering or decommissioning a water well.
8 This term includes, but is not limited to:
9 (1) The drilling, digging, boring, jetting or other
10 processes necessary to construct the hole in the ground.
11 (2) The installation and removal of well casings,
12 screens, liners, packers, sealants, aggregates, plugs and
13 other appurtenances inside the hole that are necessary to
14 either construct or decommission a water well.
15 (3) The creation and sealing of any casing penetrations
16 that are or will be located below the land surface following
17 construction of the well.
18 (4) Activities, including, but not limited to,
19 hydrofracturing, surging, jetting and brushing that are
20 undertaken on or inside a water well to modify or restore the
21 yield.
22 This term does not include the installation of pumps and pumping
23 equipment.
24 "Water-well construction permit." A permit issued by a
25 certified water-well enforcement officer stating that the water-
26 well location and casing of a newly constructed water well meet
27 the standards of this act and the regulations promulgated under
28 this act.
29 "Water-well contractor." A person that has been issued a
30 valid license by the Department of Environmental Protection to
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1 construct, decommission or alter water wells.
2 "Water-well driller." An individual who has been issued a
3 valid water-well driller certificate by or under the authority
4 of the Department of Environmental Protection.
5 "Water-well enforcement officer." An individual who has been
6 issued a valid water-well enforcement officer certificate by or
7 under the authority of the Department of Environmental
8 Protection.
9 "Water-well rig." The principal drilling or excavation
10 equipment used in the construction, alteration or
11 decommissioning of a water well.
12 "Well yield." The quantity of water per unit of time which
13 may flow or be pumped from a drinking water well under specified
14 conditions.
15 Section 4. Power and duties of Environmental Quality Board.
16 (a) Rules and regulations.--The board shall have the power
17 and its duty shall be to adopt rules and regulations as it deems
18 necessary for the implementation of this act. The rules and
19 regulations shall include, but not be limited to:
20 (1) Standards for the location, construction,
21 inspection, alteration and closure of water wells, provided
22 that:
23 (i) Any minimum distance requirement between an
24 existing on-lot sewage disposal system component
25 specified in the regulations under this act or in the act
26 of January 24, 1966 (1965 P.L.1535, No.537), known as the
27 Pennsylvania Sewage Facilities Act, or the regulations
28 promulgated thereunder, and a proposed water well on the
29 same lot shall not be applicable if the local agency
30 finds, after reviewing appropriate groundwater studies
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1 submitted by an applicant, the new distance between the
2 proposed water well and on-lot sewage disposal system
3 component will not pose a threat of pollution to the
4 water well.
5 (ii) Minimum distances between a proposed water well
6 on the applicant's lot and any on-lot sewage disposal
7 system component on any other lot must satisfy the
8 specifications set forth in the regulations under this
9 act.
10 (2) Requirements and procedures for determining and
11 reporting on water quality and well yield for drinking water
12 wells.
13 (3) Criteria for licensing and review of water-well
14 contractors and registration of water-well rigs.
15 (4) Criteria for the certification and review of water-
16 well drillers and water-well enforcement officers.
17 (5) Water-well registration and reporting requirements.
18 (6) Criteria for the programs administered by local
19 agencies under section 7, including criteria for issuing
20 water-well construction permits.
21 (b) Fees.--The board shall establish fees for water-well
22 registrations, water-well contractor license applications,
23 water-well rig permits, water-well driller certification and
24 water-well enforcement officer certification. Fees shall bear a
25 reasonable relationship to the cost of administering this act.
26 Section 5. Power and duties of Department of Environmental
27 Protection.
28 The department shall have the power and its duty shall be to:
29 (1) Administer the water-well programs established under
30 this act.
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1 (2) Cooperate with local agencies and appropriate
2 Federal, State and interstate units of government and with
3 appropriate private organizations in carrying out its duties
4 under this act.
5 (3) Establish procedures, forms and an appeal process
6 for the submission, review, approval, denial, modification,
7 suspension, revocation, reinstatement and rejection of any
8 water-well contractor license, water-well rig permit, water-
9 well enforcement officer certification or water-well driller
10 certification.
11 (4) Establish procedures and formats for the water-well
12 registration and water-well certification reports required by
13 this act.
14 (5) Require water-well contractors to submit geological
15 and groundwater data and any other papers, books and records
16 to the department for the purposes set forth in this act.
17 (6) Establish programs for educating the public about
18 groundwater resources, the construction and operation of
19 their water supply systems and the regulatory program enacted
20 by this act.
21 (7) Cooperate with the organizations that represent
22 water-well drillers, water-well construction inspectors and
23 businesses engaged in well-drilling activities and to assist
24 these organizations in the development of training curricula
25 that address the knowledge base, minimum skills and technical
26 aspects which will be the subject of the department's
27 certification examinations.
28 (8) Prescribe or establish minimum continuing education
29 requirements, such as the number of training hours, provided
30 that renewal of certification shall not be contingent upon
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1 passage of the initial certification examination.
2 (9) Review the performance of local agencies in the
3 administration of this act.
4 (10) Order a local agency to take actions deemed by the
5 department as necessary to effectively administer this act in
6 conformance with the rules and regulations of the department.
7 (11) Make inspections and require the submission of
8 papers, books and records by local agencies for the purposes
9 set forth in this act.
10 Section 6. Certification board.
11 (a) Establishment.--
12 (1) There is hereby created within the department a
13 State Board for Certification of Water-Well Enforcement
14 Officers, Water-Well Drillers and Water-Well Contractors.
15 (2) The certification board shall consist of five
16 members to be appointed by the secretary. One member shall be
17 a representative of local government; one member shall be a
18 water-well enforcement officer certified under the provisions
19 of this act; one member shall be a practicing registered
20 professional geologist; one member shall be a water-well
21 driller certified or licensed under the provisions of this
22 act; and one shall be a water-well contractor certified or
23 licensed under the provisions of this act.
24 (3) Nominees shall be submitted to the secretary by the
25 Water-Well Construction Technical Advisory Committee which
26 shall designate a minimum of two nominees for each position.
27 (4) Each appointment shall be for a period of four
28 years.
29 (5) Until such time that a licensing and certification
30 procedure is in place, the requirement that members of the
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1 board be certified or licensed shall not apply.
2 (6) The secretary may reappoint certification board
3 members for one successive term. If vacancies occur prior to
4 completion of a term, the secretary shall appoint another
5 member in accordance with this section to fill the unexpired
6 term. No individual shall serve more than eight consecutive
7 years.
8 (7) No member of this committee may also be a member or
9 alternate of the Water-Well Construction Technical Advisory
10 Committee.
11 (b) Meetings.--
12 (1) Within 180 days of the effective date of this act,
13 the secretary, or his representative, shall call the first
14 meeting of the certification board. At the initial meeting
15 the board shall elect a chairperson. Thereafter, the chairman
16 shall be elected annually.
17 (2) The board shall meet at least twice annually and
18 other meetings may be called by the chairman as needed to
19 conduct the business of the board. Three members of the board
20 shall constitute a quorum.
21 (3) The members of the board shall receive no
22 compensation for their services but shall be reimbursed for
23 actual and necessary expenses incurred in the performance of
24 their duties.
25 (c) Powers and duties.--The certification board shall have
26 the power and its duty shall be, in accordance with the rules
27 and regulations of the department, to:
28 (1) Review and pass upon applications for certification
29 of water-well enforcement officers and water-well drillers
30 within 30 days of the receipt of the test results from the
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1 testing contractor. If the board does not meet within this
2 time period, the applicants who have achieved the necessary
3 passing score on the certification examination and who are
4 not in violation or restrained by any department regulation
5 from certification shall be deemed to be certified.
6 (2) Administer such examinations as prepared by the
7 department, as may be deemed necessary to determine the
8 qualification of candidates for certification. Such
9 examinations shall be held no less than four times in each
10 calendar year. The board shall determine and shall announce,
11 in sufficient time, the location and time for such
12 examinations except that the board shall allow the department
13 to schedule special walk-in examinations when a local agency
14 demonstrates an immediate need to obtain a water-well
15 enforcement officer. During the first year after the
16 effective date of this act, no fees shall be charged for the
17 examinations. During the second and subsequent years, the
18 board may collect a fee of $10 from each applicant for
19 certification.
20 (3) Hold hearings and issue adjudications under the
21 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
22 and procedure of Commonwealth agencies) on any revocation,
23 suspension or reinstatement of certification by the
24 department, provided, that the filing of an appeal with the
25 board shall not operate as an automatic supersedeas of the
26 action of the department. Notwithstanding the provisions of
27 section 1921-A of the act of April 9, 1929 (P.L.177, No.175),
28 known as The Administrative Code of 1929, such actions of the
29 department may not be appealed to the Environmental Hearing
30 Board.
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1 (4) Compile and keep current a register showing the
2 names and addresses of water-well enforcement officers,
3 water-well drillers and water-well contractors. Copies of
4 this register shall be furnished on request upon payment of
5 such reasonable fees as the department shall establish.
6 Section 7. Powers and duties of local agencies.
7 (a) General rule.--County or joint county departments of
8 health shall administer this act in the territorial area subject
9 to their jurisdiction. In all other areas this act shall be
10 administered by each municipality unless the municipality has
11 transferred or delegated the administration of this act to
12 another local agency or is cooperating in the administration, in
13 conformance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
14 intergovernmental cooperation), and the other local agency has
15 accepted administration of this act. No local agency shall
16 voluntarily surrender administration of the provisions of this
17 act except to another local agency pursuant to this section.
18 (b) Specific powers and duties.--Each local agency, county
19 or joint county department of health, in addition to the powers
20 and duties conferred upon it by existing law, shall have the
21 power and the duty:
22 (1) To employ or contract with an adequate number of
23 water-well enforcement officers to adequately perform the
24 services required of water-well enforcement officers within
25 the time periods set forth in this act and in accordance with
26 the rules and regulations of the department. No person shall
27 be employed or contracted as a water-well enforcement officer
28 unless the person has been certified by the department
29 pursuant to standards set by the Environmental Quality Board.
30 No person shall be employed or contracted as a water-well
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1 enforcement officer to administer the provisions of this act
2 with respect to a water well for which the person was or is
3 the contractor. In such a case, the local agency's alternate
4 water-well enforcement officer shall administer the
5 provisions of this act with respect to the particular water
6 well.
7 (2) To have at least one alternate water-well
8 enforcement officer as authorized by the local agency to work
9 in the municipality or municipalities of the local agency.
10 (3) To employ or contract with other technical and
11 administrative personnel necessary to support the activities
12 of the water-well enforcement officer and the local agency.
13 (4) To adopt by resolution a list of individuals who are
14 water-well construction officers employed by companies or
15 corporations under contract with the local agency to perform
16 the services of sewage enforcement officers.
17 (5) To set rates of compensation, maintain offices,
18 establish personnel policies and establish administrative
19 rules or policies and to purchase necessary equipment and
20 supplies.
21 (6) To set and collect fees necessary to support the
22 administrative and personnel costs of implementing the
23 requirements of this act. When engineering or consulting
24 services are required by the local agency to complete their
25 review of a permit application, the application or review
26 fees charged for such services shall be reasonable and in
27 accordance with the ordinary and customary charges by the
28 engineer or consultant for similar service in the community,
29 and in no event shall the fees exceed the rate or cost
30 charged by the engineer or consultant to the local agency
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1 when fees are not reimbursed by or otherwise imposed on
2 applicants.
3 (7) To make or cause to be made such inspections and
4 tests as may be necessary to carry out the provisions of this
5 act, and the local agency's authorized representatives shall
6 have the right to enter upon lands for said purpose.
7 (8) To proceed to restrain violations of this act and
8 the rules and regulations promulgated under this act.
9 (9) To submit such reports and data to the department as
10 the department may by its rules and regulations or by order
11 require.
12 (10) To adopt and maintain standards and procedures for
13 applications and permits identical to those of the
14 department. Any other rules or regulations which the local
15 agency deems necessary in order to administer and enforce
16 this act may only be adopted if they are consistent with this
17 act and the rules and regulations promulgated under this act.
18 (11) To make such inspections of and to verify
19 measurements made by applicants on public or private
20 properties which are determined by the local agency's
21 authorized representative to have natural or manmade features
22 from which specific isolation distances are required prior to
23 the approval of water-well construction permits. The local
24 agency's authorized representative shall have the right to
25 enter upon lands for these purposes.
26 (c) Limitations.--
27 (1) No municipality, local agency or water-well
28 enforcement officer may, orally or in writing, suggest,
29 recommend or require the use of any individual or firm
30 providing services which may be required or are subject to
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1 review pursuant to this act or the regulations hereunder.
2 (2) No water-well enforcement officer shall perform any
3 consulting or design work or related services required or
4 regulated under this act within the municipality or local
5 agency by which the officer is employed or with which the
6 officer has a contractual relationship.
7 (3) No water-well enforcement officer may issue a permit
8 or participate in the official processing of an application
9 for a water-well permit in which the water-well enforcement
10 officer, a relative of the water-well enforcement officer, a
11 business associate of the water-well enforcement officer or
12 an employer of the water-well enforcement officer, other than
13 the local agency, has a financial interest.
14 (d) Existing municipal ordinances.--
15 (1) Provisions of municipal water-well construction
16 ordinances in effect on the effective date of the regulations
17 promulgated under this act that do not at least equal the
18 minimum requirements of the regulations promulgated under
19 this act shall be amended to provide for the minimum
20 requirements.
21 (2) Provisions of municipal water-well construction
22 ordinances in effect on the effective date of the regulations
23 promulgated under this act that equal or exceed the minimum
24 requirements of the regulations promulgated under this act
25 shall remain in effect until such time as they no longer
26 equal or exceed the minimum requirements of the regulations
27 adopted under this act.
28 (e) Review of ordinances by department.--After the effective
29 date of the regulations promulgated under this act, the
30 department shall review any municipal water-well construction
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1 ordinance proposing to exceed the minimum requirements of this
2 act based on the following standards:
3 (1) That certain clear and convincing local, geologic,
4 topographic or public health and safety circumstances or
5 conditions justify the more stringent provision.
6 (2) That the more stringent provision shall be adequate
7 for the purpose intended and shall meet a standard of
8 performance equal to or greater than that prescribed by this
9 act.
10 (3) That the more stringent provision would not diminish
11 or threaten the health, safety and welfare of the public.
12 (4) That the more stringent provision shall be generally
13 consistent with the legislative findings and purpose
14 described in section 2.
15 (f) Reimbursement.--Expenses for activities under this
16 section shall be deemed eligible for reimbursement under section
17 6(b)(1) of the act of January 24, 1966 (1965 P.L.1535, No.537),
18 known as the Pennsylvania Sewage Facilities Act.
19 Section 8. Licensing of water-well contractors and permitting
20 of water-well rigs.
21 (a) License requirement.--It shall be a violation of this
22 act for any person to undertake the construction, alteration or
23 decommissioning of a water well unless it is under the authority
24 of a valid water-well contractor license. All water-well
25 contractors shall register annually with the department. The
26 contractor shall insure that certified water-well drillers are
27 responsible for the construction, alteration and decommissioning
28 of all water wells for which the contractor has been retained.
29 The contractor shall also obtain a yearly permit for all water-
30 well rigs employed in the construction, alteration or
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1 decommissioning of water wells.
2 (b) Application.--An application for a license shall be in
3 writing on forms provided by the department and shall be
4 accompanied by the water-well contractor license fee and water-
5 well rig registration fee, if applicable, as established under
6 section 12, or as set by regulation of the board. The
7 application shall contain a statement showing:
8 (1) The name of the applicant.
9 (2) The business address of the applicant.
10 (3) The registration of all water-well rigs that will be
11 used during the license year.
12 (4) Any additional information the department may
13 require.
14 (c) Requirements for licensee.--Until such time as the board
15 adopts regulations on licensee qualifications, the department
16 may issue and renew licenses and rig registrations based on
17 satisfaction of the requirements contained in subsection (b). In
18 accordance with regulations promulgated under this act, the
19 applicant for a license shall meet all the following
20 requirements:
21 (1) Demonstrate to the department that the applicant and
22 the applicant's agents and employees are qualified to
23 practice water-well construction, alteration and
24 decommissioning.
25 (2) File with the department evidence of financial
26 responsibility, which shall include, but not be limited to, a
27 commercial liability insurance policy or self-insurance in an
28 amount to be prescribed by rules and regulations promulgated
29 under this act.
30 (3) Pay the annual license fees.
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1 (4) Register with the department any water-well rig to
2 be operated during the license year and pay a registration
3 fee for each water-well rig registered. The department shall
4 issue one water-well rig placard with the water-well
5 contractor license number for each water-well rig registered.
6 The water-well contractor shall post such placards on each
7 rig registered under his license.
8 (5) Provide any other information the department deems
9 necessary.
10 (d) Regulations.--The board shall adopt such regulations to
11 provide proof of a licensee's qualifications and to provide for
12 proof of financial responsibility of licensees as is necessary
13 to insure compliance with this act.
14 (e) Renewal.--Any license issued under this section is not
15 transferable and must be renewed annually. The board by
16 regulation may require individuals licensed under this section
17 to attend continuing education programs as a prerequisite for
18 the renewal of a license.
19 (f) Duplicates.--The department may issue a duplicate
20 license or rig registration to replace a lost or destroyed
21 license or registration.
22 (g) Suspension or revocation.--Whenever the department
23 determines that the holder of a license issued pursuant to this
24 section has violated any provision of this act, any rule or
25 regulation adopted under this act, any order of the department
26 or any condition of any license issued under this act, the
27 department may suspend or revoke that license.
28 (h) Limitation on reissuance.--The department may not issue
29 a new license to a water-well contractor within one year after
30 revocation of the contractor's previous license.
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1 (i) Reciprocal licensing.--The department, upon application
2 for the license and payment of the fees required by the
3 department, shall issue a water-well contractor license to a
4 person who holds a similar license in any state, territory or
5 possession of the United States, or in any foreign country, if
6 the requirements for licensing of a water-well contractor under
7 which the license was issued are of a standard not lower than
8 those specified by the provisions of this act and the rules and
9 regulations promulgated under this act. The provisions of this
10 subsection shall apply to those states and territories that
11 provide similar provisions to water-well contractors of this
12 Commonwealth.
13 (j) Equivalency.--On an annual basis, the board will
14 identify states where a license and a water-well drillers
15 certification are equivalent to the Commonwealth's standards. In
16 such cases, Commonwealth licensure or certification shall be
17 granted.
18 Section 9. Certification of water-well drillers.
19 (a) General rule.--Except as provided in subsections (b) and
20 (c), it shall be a violation of this act for any individual to
21 construct, decommission or alter a water well without first
22 obtaining, through processes approved by the department, a
23 water-well driller certificate.
24 (b) Exemption.--Any individual operating under the direct
25 supervision of a certified water-well driller is exempt from the
26 requirements of subsection (a).
27 (c) Direct supervision.--Only one water-well construction,
28 alteration or decommissioning operation can be directly
29 supervised by a licensed water-well driller at any given time
30 unless all of the water-well construction, alteration or
20000S1587B2272 - 20 -
1 decommissioning operations being supervised simultaneously are
2 being done for the same client, on the same site and under the
3 same contract with that client.
4 (d) Interim certification.--Until such time as the board
5 promulgates regulations regarding the certification requirements
6 for water-well drillers, the department shall issue interim
7 certificates to individuals that provide the department with the
8 following information:
9 (1) The name of the applicant.
10 (2) The business address of the applicant.
11 (3) The affiliation with any water-well contractor.
12 (4) Any additional information the department may
13 require.
14 Section 10. Water-well registration.
15 (a) Registration identification number.--In advance of
16 constructing or altering any water well and upon the payment of
17 the registration fee established by section 12 or as may be
18 required by regulation of the board, the water-well contractor
19 shall obtain from the department a water-well registration
20 identification number, in the form of a tag, label or other
21 device, which shall be permanently affixed to the water well
22 upon completion of the work and in a manner specified by the
23 department.
24 (b) Registration required.--
25 (1) The information required to register newly
26 constructed or altered water wells shall be provided by the
27 water-well contractor and be on a form prescribed by the
28 department. The required information shall at a minimum
29 include:
30 (i) the water-well registration identification
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1 number;
2 (ii) the name of the water-well owner;
3 (iii) the address of the property owner on which the
4 water well is located;
5 (iv) the name and license number of the water-well
6 contractor responsible for the work;
7 (v) the name, certification number and signature of
8 the water-well driller that supervised the work;
9 (vi) the exact geographic location of the water
10 well;
11 (vii) a log of the water well containing a
12 description of materials penetrated;
13 (viii) the size, depth, diameters and lengths of the
14 boring, the casings and the screen installed;
15 (ix) the static water level, pumping water level and
16 pumping rate; and
17 (x) any other information the department deems
18 necessary.
19 The water quality analysis and well yield reports, as required
20 by section 11, shall be submitted to the department at the time
21 of registration of each drinking water well.
22 (2) The information required to register decommissioned
23 water wells shall be provided by the water-well contractor
24 and be on a form prescribed by the department. The required
25 information shall at a minimum include:
26 (i) the water-well registration identification
27 number, if one was previously issued for the water well;
28 (ii) the date of decommissioning;
29 (iii) the type of closure performed;
30 (iv) the name and license number of the water-well
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1 contractor responsible for the decommissioning;
2 (v) the name, certification number and signature of
3 the water-well driller that supervised the
4 decommissioning;
5 (vi) the exact geographic location of the water
6 well;
7 (vii) the materials used; and
8 (viii) any other information the department deems
9 necessary.
10 The water-well contractor shall return the water-well
11 registration tag to the department whenever a water well with a
12 registration tag is decommissioned. The water-well contractor
13 shall not be required to obtain a registration identification
14 number or pay a fee in connection with the decommissioning of
15 any water well.
16 (c) Certification by water-well contractor.--Within 30 days
17 of completing the construction, alteration or decommissioning of
18 a water well, the water-well contractor performing the work
19 shall provide written certification to the owner of the water
20 well that the work was performed in accordance with this act and
21 with all applicable standards, rules and regulations. This
22 certification shall be accomplished on a form prescribed by the
23 department containing the information required by this
24 subsection or as may be established by regulation of the board.
25 (d) Duty to notify local agency.--Two years after the
26 effective date of this act, the owner of a water well which was
27 never placed in service or is replaced by a new water well shall
28 notify the local agency whether the water well is either
29 temporarily or permanently closed.
30 Section 11. Water quality analysis and well yield reports.
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1 (a) Water quality analysis report.--The water-well
2 contractor shall submit to the department and the owner of the
3 drinking water well a water quality analysis report. The report
4 must be based on a water sample obtained from the drinking water
5 well according to the procedures established by the board under
6 section 4.
7 (b) Content.--The report shall include water quality
8 analyses performed by a laboratory certified under the act of
9 May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
10 Drinking Water Act, of the contaminants specified by regulation
11 and any other substances which the drinking water-well owner may
12 request.
13 (c) Water quality information.--The department shall develop
14 water quality information which shall include, but not be
15 limited to, water quality standards, potential effects on human
16 health and safety relative to the tested substances, available
17 water treatment technologies and associated costs. The
18 information shall be provided to all certified laboratories and
19 water-well contractors who shall provide this information to the
20 owner of the drinking water well.
21 (d) Notice to well users.--Where the owner of a drinking
22 water well is not the sole user of the water from a drinking
23 water well, the owner shall, within 48 hours of receipt of the
24 water quality analysis report, notify all other users of the
25 results of the water quality analysis. The notice shall be given
26 by mail or by conspicuous posting at the place of use in a
27 location where it will be seen by users.
28 (e) Well yield report.--In accordance with regulations
29 adopted by the board, the water-well contractor shall submit to
30 the department and drinking water-well owner a well yield
20000S1587B2272 - 24 -
1 report. The well yield report must be based on testing of the
2 drinking water well according to the procedures established by
3 the board under section 4.
4 Section 12. Interim fees and requirements.
5 (a) Water-well registration fee.--Until alternative fees are
6 established by the board by regulation, a registration fee of
7 $35 for each water well constructed or altered after the
8 effective date of this act shall be paid by the well contractor
9 to the department. Each well contractor shall register with the
10 department each water well by completing and submitting the form
11 provided by the department, including the registration fee
12 prescribed by the department, for each water well in accordance
13 with section 11.
14 (b) Water-well contractor license fee.--Until alternative
15 annual license fees are established by the board by regulation,
16 an annual license fee of $80 shall be paid to the department by
17 any person prior to constructing or altering a water well. Each
18 water-well contractor shall apply to the department by
19 completing and submitting the application form provided by the
20 department, including the license fee, in accordance with
21 section 8.
22 (c) Water-well rig registration fee.--Until alternative
23 annual fees are established by the board by regulation, an
24 annual water-well rig registration fee $30 shall be paid to the
25 department by the water-well contractor for each water-well rig
26 which is to be owned or operated during the registration year.
27 Each water-well contractor shall register each water-well rig
28 with the department by completing and submitting the form
29 provided by the department, including the registration fee, in
30 accordance with section 8.
20000S1587B2272 - 25 -
1 (d) Water-well drillers certification fee.--Until
2 alternative annual fees are established by the board by
3 regulation, an annual water-well driller certification fee of
4 $20 shall be paid to the department by each individual water-
5 well driller.
6 (e) Use of registration fees.--All fees collected by the
7 department shall be deposited in the Water-Well Construction
8 Fund established under section 17.
9 Section 13. Recordkeeping and reports.
10 The department may require any water-well contractor to
11 establish and maintain such records and make such reports and
12 furnish such data as the department deems necessary to
13 demonstrate that the water-well contractor is complying with
14 this act and the rules and regulations promulgated under this
15 act. A copy of the written certification required by section
16 11(d) shall be kept for ten years by the water-well contractor.
17 Section 14. Water-Well Construction Technical Advisory
18 Committee.
19 (a) Establishment and composition.--
20 (1) There is hereby established the Water-Well
21 Construction Technical Advisory Committee. The committee
22 shall consist of 19 members, all of whom shall be appointed
23 by the secretary within three months of the effective date of
24 this act and all of whom must be residents of this
25 Commonwealth with five years of experience in this
26 Commonwealth in their respective fields. In addition, one
27 alternate member shall be appointed for each member. The
28 alternate member shall take the place of the respective
29 member whenever that member is unable to attend an official
30 meeting. Alternate members are encouraged to attend all
20000S1587B2272 - 26 -
1 meetings even when not taking the place of the member.
2 (2) The committee shall be composed of the following
3 members:
4 (i) Four members shall be water-well contractors
5 recommended from the membership of the Pennsylvania
6 Ground Water Association, at least one shall be a cable
7 tool driller and at least one shall be a rotary driller.
8 (ii) Two geologists with expertise in hydrogeology
9 shall be recommended from the membership of the
10 Pennsylvania Council of Professional Geologists and
11 licensed under the act of May 23, 1945 (P.L.913, No.367),
12 known as the Engineer, Land Surveyor and Geologist
13 Registration Law.
14 (iii) One member shall be a public health official,
15 chosen from a list of at least four names submitted by
16 the department's Citizens Advisory Council to the
17 secretary.
18 (iv) Three members shall be water-well owners,
19 chosen from a list of six names submitted by the
20 department's Citizens Advisory Council to the secretary.
21 (v) One member representing Pennsylvania townships
22 of the first class shall be recommended from the
23 membership of the Pennsylvania State Association of
24 Township Commissioners.
25 (vi) One member representing Pennsylvania townships
26 of the second class shall be recommended from the
27 membership of the Pennsylvania State Association of
28 Township Supervisors.
29 (vii) One member representing Pennsylvania boroughs
30 shall be recommended from the membership of the
20000S1587B2272 - 27 -
1 Pennsylvania State Association of Boroughs.
2 (viii) One member representing Pennsylvania cities
3 shall be recommended from the membership of the
4 Pennsylvania League of Cities and Municipalities.
5 (ix) One member representing Pennsylvania counties
6 shall be recommended from the membership of the County
7 Commissioners Association of Pennsylvania.
8 (x) One member representing the home building
9 industry shall be recommended from the membership of
10 Pennsylvania Home Builders Association.
11 (xi) Two members representing agriculture shall be
12 recommended from the membership of the Pennsylvania Farm
13 Bureau.
14 (xii) One member representing sewage enforcement
15 officers shall be recommended from the membership of the
16 Pennsylvania Association of Sewage Enforcement Officers.
17 (b) Expenses.--Committee members shall not receive a salary
18 but shall be reimbursed for all necessary expenses incurred in
19 the performance of their duties. An alternate may not be
20 reimbursed unless serving in place of the appointed member.
21 (c) Meetings, chairperson, etc.--All actions of the
22 committee shall be by majority vote of the members assembled if
23 a quorum is present. A quorum shall be considered as being one
24 more than 50% of the total membership. The committee shall meet
25 upon the call of the secretary, but not less than semiannually,
26 to carry out its duties under this act. The committee shall
27 select a chairperson and other officers and establish bylaws as
28 it deems appropriate. The department shall provide clerical and
29 technical support as the committee may reasonably require.
30 (d) Regulations.--The department shall consult with the
20000S1587B2272 - 28 -
1 committee in the formulation, drafting and presentation stages
2 of all regulations promulgated under this act. The committee
3 shall be given a reasonable opportunity to review and comment on
4 all regulations prior to their submission to the board for
5 initial consideration. The written comments of the committee
6 shall be presented to the board with any regulatory proposal.
7 Section 15. Penalties and remedies.
8 (a) Summary offense.--
9 (1) A person who violates any provision of this act, any
10 rule or regulation of the department, any order of the
11 department, or any term or condition of a well registration
12 or license of the department issued under this act, or who
13 resists or interferes with an officer, agent or employee of
14 the department in the performance of his duties commits a
15 summary offense and shall, upon conviction, be sentenced to
16 pay a fine of not less than $100 nor more than $1,000 and
17 costs for each separate offense or, in default of payment
18 thereof, shall be sentenced to imprisonment for a period of
19 not more than 30 days.
20 (2) For purposes of this subsection, a summary offense
21 may be prosecuted before any district justice in the county
22 where the offense occurred.
23 (3) Employees of the department authorized to conduct
24 inspections or investigations are hereby declared to be law
25 enforcement officers authorized to issue or file citations
26 for summary violations under this act and the General Counsel
27 is hereby authorized to prosecute these offenses.
28 (b) Equitable relief.--The department may apply to the
29 Commonwealth Court or to a court of common pleas having
30 jurisdiction for preliminary, special or final injunction to
20000S1587B2272 - 29 -
1 restrain or prevent violations of this act or to compel
2 compliance with this act or any rule, regulation, order, license
3 or registration issued under this act.
4 (c) Civil penalties.--
5 (1) In addition to proceeding under any other remedy
6 available at law or in equity for a violation of any
7 provision of this act, any rule or regulation of the
8 department or order of the department, or any term or
9 condition of any well registration or license issued under
10 this act, the department may assess a civil penalty upon a
11 person for such violation. The maximum civil penalty which
12 may be assessed under this subsection shall be $1,000 per day
13 for each violation. The penalty may be assessed whether the
14 violation was willful or negligent.
15 (2) When the department assesses a civil penalty, it
16 shall inform the person of the amount of the penalty. The
17 person charged with the penalty shall then have 30 days to
18 pay the penalty in full or, if the person wishes to contest
19 either the amount of the penalty or the fact of the
20 violation, the person shall, within the 30-day period, file
21 an appeal of the action with the Environmental Hearing Board.
22 Failure to appeal within 30 days shall result in a waiver of
23 all legal rights to contest the violation or the amount of
24 the penalty.
25 (d) Remedies cumulative.--The penalties and remedies
26 prescribed by this act shall be deemed cumulative, and the
27 existence of or exercise of any remedy shall not prevent the
28 department from exercising any other remedy under this act, at
29 law or in equity.
30 (e) Separate offense.--Violations on separate days shall
20000S1587B2272 - 30 -
1 constitute separate offenses.
2 Section 16. Local agency hearings and appeals.
3 (a) Right to hearing.--Any person aggrieved by an action of
4 a local agency or water-well enforcement officer in granting or
5 denying a permit, issuing an order or other actions taken under
6 this act shall have the right within 30 days after receipt of
7 notice of the action to request a hearing before the local
8 agency.
9 (b) Revocation of permits.--
10 (1) Revocation of permits shall occur only after notice
11 and opportunity for hearing have been given to the permittee.
12 (2) If work has not been commenced on a property for
13 which a water-well construction permit has been issued and
14 for which the applicant has received notice of a permit
15 revocation, the applicant may not commence work on the water
16 well and the permit shall be suspended until the applicant
17 has requested a hearing under subsection (a), the hearing has
18 been conducted and a decision announced or the time for such
19 request has expired. If the time has expired and no hearing
20 request has been received by the local agency, the revocation
21 shall be final.
22 (c) Hearings.--Hearings under subsections (a) and (b) shall
23 be conducted pursuant to 2 Pa.C.S. Ch. 5 Subch. B (relating to
24 practice and procedure of local agencies).
25 (d) Appeals.--
26 (1) Any subsequent appeal shall be to the court of
27 common pleas of the county where the land to which the permit
28 pertains is located. The Attorney General shall be notified
29 in writing by the appellant of any appeal challenging the
30 constitutionality of any provision of this act or the
20000S1587B2272 - 31 -
1 validity of any rule or regulation promulgated under this
2 act.
3 (2) Any order, permit or decision of the department
4 under this act, except as otherwise provided by sections 5
5 and 6(c), shall be taken, subject to the right of notice and
6 appeal to the Environmental Hearing Board, pursuant to
7 section 1921-A of the act of April 9, 1929 (P.L.177, No.175),
8 known as The Administrative Code of 1929 and 2 Pa.C.S. Ch. 5
9 Subch. A (relating to practice and procedure of Commonwealth
10 agencies).
11 Section 17. Water-Well Construction Fund.
12 There is hereby established in the State Treasury a
13 restricted nonlapsing fund to be known as the Water-Well
14 Construction Fund for the deposit of all fees, fines and civil
15 penalties authorized by this act and collected by the
16 department. All moneys in this fund are hereby appropriated on a
17 continuing basis to the department for the costs of
18 administering the provisions of this act.
19 Section 18. Transfer of funds.
20 All moneys currently collected under the act of May 29, 1956
21 (1955 P.L.1840, No.610), known as the Water Well Drillers
22 License Act, shall be immediately transferred to the Water-Well
23 Construction Fund.
24 Section 19. Status of existing licenses and permits.
25 Water-well driller licenses and water-well rig permits issued
26 under the act of May 29, 1956 (1955 P.L.1840, No.610), known as
27 the Water Well Drillers License Act, shall remain in full force
28 and effect for six months after the effective date of the
29 regulations adopted under this act.
30 Section 20. Buyer notification requirements.
20000S1587B2272 - 32 -
1 (a) Water-well construction disclosure.--Every contract for
2 the sale of a lot for which a required water-well construction
3 permit has not been issued shall not be enforceable by the
4 seller against the buyer unless it contains a statement that
5 clearly indicates to the buyer that offsite water services are
6 not available for that lot and that a water well must be
7 constructed subject to the requirements of this act.
8 (b) Cistern disclosure.--Every contract for the sale of a
9 lot served by a cistern, whether permanent or temporary, from
10 which water is conveyed by any water-carrying system and which
11 is designed and constructed to meet the sanitary or consumptive
12 needs of the occupants or residents shall contain a statement in
13 the contract that clearly indicates that the property is served
14 by such a cistern and shall provide a history of the annual cost
15 of maintaining the cistern from the date of its installation or
16 the effective date of this act, whichever is later. If there is
17 no prior cost history, an estimate shall be presented in its
18 place.
19 (c) Isolation distance disclosure.--Every contract for sale
20 of a lot which is served by a water well which was installed
21 under this act with an isolation distance less than the distance
22 specified by regulation shall contain a statement in the
23 contract that clearly indicates to the buyer that the isolation
24 distances required by regulation between the individual on-lot
25 system components and the water well on the property being sold
26 were not met and contain an explanation of the reasons why.
27 Section 21. Repeal.
28 The act of May 29, 1956 (1955 P.L.1840, No.610), known as the
29 Water Well Drillers License Act, is repealed.
30 Section 22. Construction.
20000S1587B2272 - 33 -
1 Unless where specifically authorized, nothing in this act
2 shall be construed to alter the requirements contained in the
3 act of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania
4 Safe Drinking Water Act, and applicable regulations or the
5 requirements contained in other environmental statutes.
6 Section 23. Effective date.
7 This act shall take effect as follows:
8 (1) Section 7 shall take effect 180 days after
9 promulgation of regulations established by the Environmental
10 Quality Board under section 4.
11 (2) Section 11 shall take effect upon promulgation of
12 regulations established by the Environmental Quality Board
13 under section 4.
14 (3) The remainder of this act shall take effect
15 immediately.
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