1804.1 The Department shall review each well construction building permit application submitted to the Department of Consumer and Regulatory Affairs (DCRA) and each well construction work plan to ensure that it meets the standards and requirements of this chapter.
1804.2 The Department may conduct the review and approval of a complete well construction building permit application and well construction work plan as part of the following remedial or removal actions or programs:
(a) The Voluntary Remedial Action Program, pursuant to Section 6213 of Title 20 of the District of Columbia Municipal Regulations (DCMR); (b) An enforcement corrective action taken pursuant to the District of Columbia Underground Storage Tank Management Act of 1990, as amended, D.C. Official Code §§ 8-113.01et seq., and its implementing regulations in Chapters 55-70 of Title 20 DCMR;(c) The Voluntary Cleanup Program, pursuant to D.C. Official Code §§ 8-633.01et seq.; or(d) An enforcement action taken pursuant to the District of Columbia Brownfield Revitalization Amendment Act of 2000, as amended; D.C. Official Code §§ 8-631.01et seq.1804.3 The Department may reject an incomplete well construction building permit application or well construction work plan.
1804.4 If the Department rejects an incomplete well construction building permit application and well construction work plan, the Department shall notify the well owner in writing of the reason for the rejection.
1804.5 The Department shall reject the well construction building permit application and well construction work plan if the proposed well violates any District or federal laws or regulations, or poses a hazard to the environment, public health and safety, or otherwise interferes with the designated or beneficial uses of the waters of the District.
1804.6 The Department may consider the following when reviewing the well construction building permit application and well construction work plan:
(a) The effects of the geology, topography, hydrology, hydrogeology, and hydraulics of the area of interest;(b) The population density and water use; (c) The potential to impact or be impacted by nearby properties;(d) The conditions of the surface and subsurface; (e) The current and future water quality;(f) The designated and beneficial uses of the waters of the District; (g) The depletion rate of the water resources;(h) The on-site and nearby recognized environmental conditions; and(i) Public health and safety and the environment. 1804.7 The Department's approval of a well construction building permit application and well construction work plan may be subject to additional conditions to ensure compliance with District or federal laws or regulations and the protection of the public health and safety, and the environment, including:
(a) Requirements for the use of outer-casing during the construction of a soil boring;(b) Requirements for the construction of a double-cased well;(c) Limits on pumping rates and pumping duration;(d) Special grouting requirements;(e) Special use restrictions; (f) Restrictions on well dimensions;(g) Restrictions on well locations within the property boundary; (h) Restrictions on well construction methods;(i) Special drilling requirements;(j) Special requirements for construction in various geologic formations;(k) Special requirements for construction in various ecological environments; (l) Special well construction material requirements; (m) Special monitoring requirements;(n) Special maintenance requirements; (o) Restrictions on well operation; and(p) Special abandonment requirements.1804.8 The Department may require that a well owner submitting a well construction building permit application collect data or conduct analyses to determine if the proposed well impacts the District's water resources, including the following information:
(a) Lithological and geophysical boring logs;(d) Groundwater elevation data; (e) Groundwater quality data including field parameters;(f) Hydrogeological tests such as, pump or slug tests;(g) Modeling of groundwater, heat or contaminant flow; and(h) Leachability testing and modeling.D.C. Mun. Regs. tit. 21, r. 21-1804
Final Rulemaking published at 63 DCR 13424 (10/28/2016)