N.J. Admin. Code § 7:9D-2.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:9D-2.8 - Deviation from construction standards and approval of alternative materials and methods

(a) Where unusual conditions occur or known or suspected health hazards exist at a well site and compliance with this subchapter shall not result in a satisfactory well or protection of the groundwater resource or water supply, the well driller may request a deviation from the standards of this chapter. All deviations from standards shall be requested pursuant to N.J.A.C. 7:9D-1.11, shall be in writing, and shall include as appropriate:

1. The purpose of the well construction;

2. The location of the well to include a site plan;

3. The name, address, and telephone number of the owner;

4. The name, address, and telephone number of the driller;

5. The unusual conditions or known or suspected health hazards existing at the well site that prevent the installation of a well in accordance with this subchapter;

6. The reasons that compliance to the rules for minimum standards will not result in a satisfactory well;

7. The proposed method of construction that the well driller believes shall be adequate for each well;

8. A diagram showing the pertinent features of the proposed well design and construction; and

9. Where a deviation from the construction standards of this chapter is required for compliance with the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, the authorized Licensed Site Remediation Professional shall submit a statement explaining the basis for the deviation and the proposed deviation requested pursuant to (a)5 and 6 above.

(b) The Department's well permitting program shall:

1. Provide the driller with written approval pursuant to this chapter of the deviation based on site-specific conditions, which may include special requirements; or

2. Provide a written denial of the deviation citing specific reasons for the denial.

(c) The Department, after consultation with the Board, may grant written approval for the use of alternative materials, technologies, or installation methods not currently listed in this chapter if an applicant demonstrates that the proposed material, technology, or installation method:

1. Is not expressly prohibited by this chapter;

2. Meets or exceeds the standards specified in this subchapter;

3. Is protective of the environment and public health and safety;

4. Is suitable for the physical and chemical conditions of the site, and meets or exceeds the durability of other materials approved in accordance with this subchapter;

5. Is certified to the appropriate standards, based on the well use as set forth in N.J.A.C. 7:9D-2, by the NSF International (NSF), the American Petroleum Institute (API), the American Society for Testing and Materials (ASTM), and/or meets or exceeds the guidelines and recommendations of National Ground Water Association (NGWA), International Ground Source Heat Pump Association (IGSHPA), or the American Water Works Association (AWWA); and

6. Is tested to demonstrate compliance with (c)1 through 4 above and complies with any applicable industry guidelines or standards as established by organizations, such as those listed in (c)5 above. If no guidelines or standards exist, the Department shall specify the test procedure.

(d) The Department may require tests required pursuant to (c) above to be repeated if, at any time there is reason to believe that the material does not conform or no longer conforms to the criteria on which its approval was based; and

(e) A person may request approval from the Department for the use of alternative materials, technologies, or installation methods not currently listed in this chapter, pursuant to (c) above, by submitting a written request to the Department pursuant to N.J.A.C. 7:9D-1.17 that includes all necessary information and supporting documentation that demonstrates that all of the applicable criteria listed in (c) above are met.

(f) The Department may retract or modify the written approval of any material, technology, or installation method issued pursuant to this section based on new information that demonstrates that the material, technology, or installation method does not comply with the criteria in (c) above.

(g) Alternative materials approved or revoked shall be posted on the Department's webpage pursuant to N.J.A.C. 7:9D-1.17.

N.J. Admin. Code § 7:9D-2.8

Amended by 50 N.J.R. 171(a), effective 1/2/2018