1803.1 Except as provided in § 1802, no person shall construct a well in the District without a well construction work plan conforming to the requirements of § 1803.3 approved by the Department, and a well construction building permit approved by the Department and issued by the Department of Consumer and Regulatory Affairs (DCRA).
1803.2 The well owner shall apply to the DCRA for a well construction building permit, which shall be issued by DCRA subject to the requirements of this chapter.
1803.3 Beginning on April 1, 2017, a well construction building permit application shall include a well construction work plan containing the following information, which shall be submitted to the Department for review and approval:
(a) The well owner's name, mailing address, telephone number, and electronic mailing address;(b) The property owner's name, mailing address, telephone number, and electronic mailing address, if different from the well owner information provided pursuant to § 1803.3(a); (c) The well driller's name, address, telephone number, and electronic mailing address, a copy of the pertinent DCRA license(s), and a copy of the well driller's current driller's license;(d) The physical location of the property on which the well is sited, including the physical address, a square, suffix, and lot, or closest physical location identifier; (e) The intended use of the well; (f) A description of the well construction details; (g) A well design diagram or schematic detailing how the well will be constructed;(h) The topographic description of the site;(i) The geology underlying the property where the well is sited;(j) The proximity to the one hundred (100)-year floodplain;(k) The name of the aquifer or aquifers that will be penetrated;(l) The name of the aquifer or aquifers that will be screened, if applicable; (m) The proximity to and details of recognized environmental conditions identified on or adjacent to the property where the well will be sited;(n) Methods to prevent aquifer cross-contamination where a recognized environmental condition has been identified on or adjacent to the property where the well will be sited;(o) A site map, plat, or plan depicting: (2) The geographical location of the well within the property boundaries; (3) The geographical location of the well in relation to the nearest street intersection;(4) The setback distances from property lines;(5) The setback distances from recognized environmental conditions identified on the property where the well is sited; (6) The identification of public spaces;(7) The identification of structures and driveways; (8) The extents of the land disturbing activities including any construction entrance and stockpile area(s);(9) The identification of waters of the District of Columbia on or adjacent to the property where the well will be sited; (p) A description of the well construction activity including: (1) The well construction materials and well installation equipment to be used; (2) The well construction methods including drilling methods and procedures, and drilling fluids to be used; and (3) Details of decontamination procedures, if applicable; (q) The plan for handling, analyzing, and disposal of derived waste; and(r) A description of any equipment or materials that shall or may be placed in the well such as: 1803.4 In addition to the requirements of § 1803.3, the well construction work plan for the construction of a closed-loop ground source heat pump well shall include:
(a) The type of closed-loop ground source heat pump system;(b) The design capacity of the proposed closed-loop ground source heat pump system; (c) The total number of loops in the well, loop configuration, the total number of loops in the system, the angles of the loops to the vertical plane and the depth to which they will be placed in the subsurface;(d) The pipe dimensions, type of pipe, and pipe material;(e) Details of the proposed circulation fluid, including; (1) The type of circulation fluid; (2) The concentration of the circulation fluid; (3) The manufacturer's specifications and product details including any additives or anti-corrosive agents;(4) The applicable Safety Data Sheets for the chemicals used in the circulation fluid;(5) Any known or potential environmental or public health and safety concerns or issues related to the use of the material as a circulation fluid for a closed-loop ground source heat pump system; and(6) A pollution prevention plan and spill response plan to address the storage, handling, and management of the circulation fluid. (f) The type, mix ratios, and permeability of the grout, including how the grout will be inserted and the grout manufacturer's specifications for using the grout; (g) The type, length, placement, and reason for using any outer casing material;(h) The types of fittings and joints, and the procedures for sealing fittings and joints;(i) The footprint of a proposed structure that shall be placed on top of a closed-loop ground source heat pump system must be clearly shown on the site plan; and (j) Identification of any structure or operation that may impact or be impacted by the closed-loop ground source heat pump system. 1803.5 In addition to the requirements of § 1803.3, the well construction work plan for construction of a dewatering well shall include:
(a) The proposed volume of water to be pumped and the estimated flow rate; (b) The proposed or anticipated radius of influence;(c) The quality of water to be pumped and supporting analytical data;(d) The details of any proposed treatment of recovered water containing known or suspected contaminants; (e) A copy of any required District or federal permit(s) issued or the status of a pending application for the required District or federal permit(s); (f) The purpose of dewatering; (g) The type, make, and model of pump used, including the horsepower; (h) The type and placement of the well screen; (i) The depth of pump intake; (j) The location of effluent discharge; (k) A description of discharge location such as, combined sewer system, public or private storm sewer system, water body, or licensed offsite facility; (l) The available analytical data for the property where the well will be sited, if a recognized environmental condition has been identified;(m) The proximity of the dewatering well to known sensitive receptors including, surface water bodies, wetlands, groundwater recharge areas, wellhead protection areas, and recognized environmental conditions located on the property and on properties adjacent to where the well will be sited; (n) A pollution prevention plan and spill response plan for a site where a system is anticipated or proposed for the treatment of dewatering well effluent; (o) The name of the aquifer(s) to be dewatered; (p) The proposed or anticipated decrease in potentiometric surface; and (q) The duration of dewatering expressed as start and end dates and the total dewatering period.1803.6 In addition to the requirements of § 1803.3, the well construction work plan for construction of a ground freeze well shall include:
(a) The purpose or application of the ground freeze well and ground freeze well system;(b) The proposed or anticipated radius and depth of influence of each ground freeze well;(c) The configuration or geometry of the ground freeze well system;(d) Proximity of ground freeze well system to underground utilities and means of protecting potentially affected utilities;(e) The type of refrigerant system to be used; (f) The type of refrigerant or coolant fluid to be circulated or used; (1) The type of circulation fluid; (2) The concentration of the circulation fluid;(3) The manufacturer's specifications and product details including any additives or anti-corrosive agents; (4) The applicable Safety Data Sheets for the chemicals used in the circulation fluid; and(5) Any known or potential environmental or public health and safety concerns or issues related to the use of the material as a circulation fluid for a ground freeze well system;(g) The loop or circulation configuration within the well;(h) The circulation pipe dimensions, type of pipe, and pipe material; (i) The type, mix ratios, and permeability of the grout, including how the grout will be inserted and the grout manufacturer's specifications for using the grout;(j) The distribution manifold configuration and materials to be used;(k) The proposed or anticipated flow of refrigerant or circulating fluid;(l) The type, length, placement, and reason for using any outer casing material;(m) A pollution prevention plan and spill response plan to address the storage, handling, and management of the refrigerant or coolant fluid; and(n) If additional water will be introduced to supplement the ground freeze system, the method the water will be introduced into the formation. 1803.7 In addition to the requirements of § 1803.3, the well construction work plan for construction of an injection well shall include;
(a) A copy of the EPA Underground Injection Control Permit or identification of an applicable exemption of this permit; (b) The volume of fluid to be injected; (c) The chemical, biological, physical, and radiological quality of the fluid to be injected;(d) The Technical Information Sheet and Safety Data Sheet for each treatment material to be used;(e) The proposed injection rate or feasible range; (f) The proposed or anticipated radius and depth of influence;(g) The injection method;(h) The location and maximum number of injection points; (i) The details of any proposed pilot testing;(j) The location and number of observation wells;(k) The proposed monitoring plans and monitoring protocols; (l) The duration of injection;(m) The identification of receiving aquifer(s); (n) Any expected impact to the subsurface; (o) Any expected impact to adjoining properties;(p) The proximity to surface water and potential ecological receptors;(q) Any expected impact to the closest surface water and potential ecological receptors; (r) The volume of the water to be treated; (s) The quality of the water to be treated; (t) The source of the contaminants;(u) The proposed implementation schedule;(v) The compliance schedule; (w) The compliance monitoring program;(x) A copy of any previous report or data related to the investigation and feasibility of the proposed action;(y) A map or series of maps showing the following: (3) The location of on-site and nearby utility lines; (4) The type and extent of the contaminants; (5) The location of the proposed treatment system; (6) The location of any existing contaminant treatment system; and(7) The location of compliance monitoring wells; (z) The expected short-term and long-term effects on the environment and public health; and(aa) Any other relevant information.1803.8 In addition to the requirements of § 1803.3, the well construction work plan for construction of a water supply well shall include
:
(a) The intended use of the water supply well; (b) The proposed withdrawal method;(c) The make and model of the pump;(d) The proposed drawdown on the aquifer(s);(e) The proposed groundwater withdrawal rates; (f) The proposed aquifer pump test; (g) The aquifer pump test data from a nearby test well or existing supply well;(h) The aquifer water quality data;(i) The size of the population that will be served by the withdrawal; and (j) The operation and maintenance details of the well.1803.9 In addition to the requirements of §§ 1803.3 through 1803.8, the Department may require supplemental information related to the construction, maintenance, or intended use of a soil boring, recovery well, monitoring well, observation well, piezometer, industrial supply well, irrigation supply well, domestic supply well, or any other type of well.
1803.10 A well owner may request a special compliance standard or the modification of a requirement of this chapter, if conditions or circumstances exist such that compliance will result in poor construction, maintenance, or abandonment of a well or will preclude the construction of the well.
1803.11 A request for a special compliance standard or modification under § 1803.10 shall be submitted in writing to the Department for review and approval, and shall include
:
(a) A description of the circumstances or site conditions that warrant special consideration; (b) The proposed special compliance standard or modification request;(c) Documentation establishing that the proposed special compliance standard or modification is adequate and protective of public health and safety and the environment; and (d) The signature of the well owner certifying that the information in the request for the special standard is accurate and complete to the best of the owner's knowledge.1803.12 Prior to construction of a well, a Department-approved well construction building permit application and well construction work plan may be modified provided the proposed modification is submitted to the Department and to the DCRA for review and approval in accordance with the requirements of §§ 1803.10 and 1803.11.
1803.13 During the construction of a well, a Department-approved well construction building permit application and well construction work plan may only be modified if:
(a) The well owner immediately notifies the Department and the DCRA in writing; and(b) The modification of the well construction building permit and well construction work plan does not violate District or federal laws or regulations. D.C. Mun. Regs. tit. 21, r. 21-1803
Final Rulemaking published at 63 DCR 13424 (10/28/2016)