D.C. Mun. Regs. tit. 21, r. 21-1802

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 21-1802 - WELL CONSTRUCTION BUILDING PERMIT EXEMPTIONS

1802.1

An infiltration test well constructed and used in accordance with Chapter 5 (Water Quality and Pollution) of Title 21 of the District of Columbia Municipal Regulations (DCMR) and the Stormwater Management Guidebook shall be exempt from the requirements of this chapter.

1802.2

A well constructed for use in a best management practice in accordance with Chapter 5 of Title 21 DCMR and the Stormwater Management Guidebook shall be exempt from the requirements of this chapter.

1802.3

A well construction building permit shall not be required for a well which meets all of the following conditions:

(a) The well is constructed to a depth of ten feet (10 ft.) or less;

(b) The lower terminus of the well does not intersect the seasonal water table;

(c) The well is not sited within twenty-five feet (25 ft.) of the mean high watermark of District surface waters;

(d) The well is not sited within twenty-five feet (25 ft.) of wetland;

(e) The construction and maintenance of the well is performed in accordance with the requirements of this chapter; and

(f) The well is abandoned within five (5) business days of completion of construction in accordance with § 1830.1.

1802.4

If during the construction of a well for which no building permit was required, field conditions or new information indicate that any condition in § 1802.3 will not be met, the well owner shall:

(a) Stop all well construction work and related activities;

(b) Notify the Department within twenty-four (24) hours of the discovery;

(c) Propose immediate corrective actions;

(d) Implement Department-ordered corrective actions to prevent an imminent hazard to public health and safety or the environment; and

(e) If additional action is necessary to meet the requirements of this chapter, or if requested by the Department, submit a well construction building permit application in accordance with § 1803.

1802.5

A well construction building permit shall not be required for the maintenance of a registered well, provided that the maintenance does not include a modification or material change in the original permitted design, specifications, or construction of the well.

1802.6

The Department may allow a well owner to delay submitting a well construction building permit application if:

(a) The well owner immediately notifies the Department of an emergency circumstance that may impact a well, the environment, or public health and safety, which requires immediate corrective action;

(b) The Department deems an emergency circumstance to exist, where obtaining a work plan approved by the Department for the maintenance or abandonment of a well would result in a delay that could pose an immediate hazard to public health and safety or the environment;

(c) The well owner complies with the application procedures in § 1803 within seventy-two (72) hours after the emergency is identified; and

(d) All work is conducted in accordance with applicable construction, maintenance, and abandonment requirements.

1802.7

A well abandonment permit shall not be required if:

(a) The well is abandoned within thirty (30) days following the completion of construction of the well; and

(b) A well abandonment work plan developed in accordance with §§ 1830 and 1831 is submitted with the initial well construction building permit application.

D.C. Mun. Regs. tit. 21, r. 21-1802

Final Rulemaking published at 63 DCR 13424 (10/28/2016)