WSR 06-17-129

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 06-08 -- Filed August 21, 2006, 4:11 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-11-065.

     Title of Rule and Other Identifying Information: Amendments to chapter 173-160 WAC, Minimum standards for construction and maintenance of water wells and chapter 173-162 WAC, Rules and regulations governing the regulations and licensing of well contractors and operators.

     Hearing Location(s): Big Bend Community College, 7662 Chanute Street N.E., Room 1870 A and B, Moses Lake, WA 98837, on September 26, 2006, at 7 p.m.; at the Department of Ecology Headquarters, 300 Desmond Drive, Auditorium, Lacey, WA 98503, on September 27, 2006, at 7 p.m.; and at the University Center in Everett Station, 3201 Smith Avenue, Room 315 (Student Lounge), Suite 200, Everett, WA 98201, on September 28, 2006, at 7 p.m.

     Date of Intended Adoption: November 21, 2006.

     Submit Written Comments to: Richard Szymarek, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-47600, e-mail rszy460@ecy.wa.gov, fax (360) 407-7162, by 5:00 p.m. on October 6, 2006.

     Assistance for Persons with Disabilities: Contact Judy Beitel by September 18, 2006, TTY (877) 833-6341 or (360) 407-6878.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ecology has been directed by the 2005 legislature to revise the existing well construction and licensing rules. Additionally, ecology has been meeting with the technical advisory committee since October 2002 to make other revisions that will make the rule easier to understand, improve organization and readability, address technical issues and other driller concerns, and enhance public health and welfare.

     Reasons Supporting Proposal: The reasons for the rule makings are: To respond to legislative requirements; to maintain consistency with the drilling statute; to remain current with changes in drilling technology; to respond to driller requests; and to clarify existing rules.

     Statutory Authority for Adoption: Chapter 18.104 RCW, Water Well Construction Act (1971).

     Statute Being Implemented: Chapter 18.104 RCW, Water Well Construction Act (1971).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of ecology, governmental.

     Name of Agency Personnel Responsible for Drafting: Richard Szymarek, Olympia, Washington, (360) 407-6648; Implementation and Enforcement: Ken Slattery, Olympia, Washington, (360) 407-6602.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     EXECUTIVE SUMMARY: When proposing a new administrative rule for consideration, the Washington state department of ecology (ecology) is required by RCW 19.85.030 to determine whether the rule will impose a disproportionate impact on small business. This document fulfills this requirement for the proposed amendments of chapter 173-160 WAC, Minimum standards for construction and maintenance of wells and chapter 173-162 WAC, Rules and regulations governing the regulation and licensing of well contractors and operators.

     The proposed rule amendments can be expected to affect well contractors and operators, landowners, and commerce. This small business economic impact analysis quantifies the rules' impact on both small and large businesses, and concludes that there is a disproportionate impact on small businesses. Compliance with these rules is not expected to lose sales or revenue for businesses.

     1. BACKGROUND: The purpose of the rule proposal is to amend two existing regulations pertaining to well construction standards and professional licensing of well drillers. The standards for well construction (chapter 173-160 WAC) identify specific construction requirements that all wells must meet in order to protect public health, safety, and welfare as well as to protect the ground water resource. The licensing rule (chapter 173-162 WAC) provides for the administration of the licensing of Washington state well drillers.

     The changes to the standards for well construction and driller licensing are required by legislative mandate (chapter 18.104 RCW). The proposed rule changes are to maintain consistency with the drilling statute and to remain current with changes in drilling industry and technology advances. Most amendments to the rules were driven by driller request and the need to clarify the existing rules.

     Changes to the "standards for well construction" involve changes to the definition section; expansion of some of the technical areas; statutory changes in drilling fees; and improvement to the organization of certain sections. With the exception of licensing fees, changes to the licensing regulations are all required by statute. They include the development of rules to conduct an annual review of those counties that have delegated authority to inspect wells; development of a retirement license; and clarification and improvement to the current continuing education program. Ecology is also proposing a raise in licensing renewal fees from $20 every two years to $75 every two years. New applications for licenses will increase from $25 to $75.

     The proposed rule amendments include:

     1. Clarifying operator standards and well drilling rule language to make chapter 173-160 WAC consistent with operating standards of the industry and definitions consistent with industry terminology;

     2. Revising the standards for construction and maintenance of wells to make chapter 173-160 WAC consistent with legislative mandates for fees and services; and

     3. Resetting the application fees for the regulation and licensing of well contractors and operators.

     As required by RCW 19.85.030, ecology is developing and issuing this small business economic impact statement (SBEIS) as part of this rule adoption process. The objective of this SBEIS is to identify and evaluate the various requirements and costs that the proposed rule amendments might impose on business. In particular, the SBEIS examines whether the costs on business that might be imposed by the proposed rule amendments impose a disproportionate impact on the state's small businesses. This is consistent with the legislative purpose of the Regulatory Fairness Act (chapter 19.85 RCW) and is set out in RCW 19.85.011:

     "The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state's small businesses because of the size of those businesses. This disproportionate impact reduces competition, innovation, employment and new employment opportunities, and threatens the very existence of some small businesses."

     The specific purpose and required contents of the SBEIS is contained in RCW 19.85.040.

     (1) A small business economic impact statement must include a brief description of the reporting, record keeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements. It shall analyze the costs of compliance for businesses required to comply with the proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, and increased administrative costs. It shall consider, based on input received, whether compliance with the rule will cause businesses to lose sales or revenue. To determine whether the proposed rule will have a disproportionate impact on small businesses, the impact statement must compare the cost of compliance for small business with the cost of compliance for the ten percent of businesses that are the largest businesses required to comply with the proposed rules using one or more of the following as a basis for comparing costs:

     (a) Cost per employee;

     (b) Cost per hour of labor; or

     (c) Cost per one hundred dollars of sales.

     (2) A small business economic impact statement must also include:

     (a) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(3), or reasonable justification for not doing so, addressing the options listed in RCW 19.85.030(3);

     (b) A description of how the agency will involve small businesses in the development of the rule; and

     (c) A list of industries that will be required to comply with the rule. However, this subsection (2)(c) shall not be construed to preclude application of the rule to any business or industry to which it would otherwise apply.

     For purposes of an SBEIS, the terms "small business," and "industry" are defined by RCW 19.85.020. "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees. "Industry" means all of the businesses in this state in any one four-digit standard industrial classification as published by the United States Department of Commerce.

     The proposed water well drilling rule amendments developed by ecology as part of this rule-making process will be evaluated in the following sections of this document. Specifically, the following sections contain the information required by the Regulatory Fairness Act, chapter 19.85 RCW.

     2. ANALYSIS OF COMPLIANCE COSTS FOR WASHINGTON BUSINESSES: The SBEIS is intended to analyze the difference between the situation "without the proposed rule amendments" and the expected situation "with the proposed rule amendments." In order to accomplish this comparison, a baseline scenario, which describes the current situation, must be defined. The baseline used in this analysis is the current situation under state regulations.

     In the proposed rule amendments, some changes originated from legislative mandates, some are clarifications of the existing rule with no real change, and some simply redefine or include new industry terminology. These amendments make no real change from the baseline and will not have cost impacts on those required to comply. These clarifying changes are not analyzed in this SBEIS. This analysis will analyze the changes from the baseline that would result in additional costs. The primary costs include the new requirements for the operation and maintenance of wells, and the fee application structure for well contractors and operators. Compliance with these rules is not expected to lose sales or revenue for businesses.

     2.0 Costs to construction and maintenance of wells.

     WAC 173-160-191(16), design and construction requirements for completing wells. For wells completed in an unconsolidated formation in which the bore hole extends beyond the casing or screen, the driller must backfill that portion of the bore hole that extends more than ten feet beyond the casing or screen. The backfill shall consist of either bentonite or chlorinated sand or pea gravel. If any portion of the bore hole extension penetrates a clay layer which is greater than six feet in thickness, that portion of the bore hole shall be sealed with bentonite. Although there may be some minor costs, compared to previous rule language, there is no way for ecology to determine how many wells this could affect as it has always been common practice to drill past the end of the casing in search of additional flow. This is currently a standard practice in the industry and will not be analyzed from old rule language.

     WAC 173-160-381(2) and 173-160-381(4), standards for decommissioning a well. Defining the correct procedure for decommissioning and sealing wells will have additional costs. Ecology estimates two hundred to three hundred wells annually will need to be decommissioned in Washington state. The well program estimates costs of decommissioning a well by backfilling instead of perforating at $2,000 per well1. A lower range of one hundred fifty to two hundred fifty wells could be decommissioned under the new guidelines. Cost estimates to landowners would be $300,000 to $500,000 annually.

     2.1 Costs of licensing for well contractors and operators.

     WAC 173-162-060, licensing fees. Application fees will be increased from $25 to $75 for each category of license (water and resource protection) and renewals will increase from $20 to $75. Well licenses are good for two years. The primary costs associated with this rule amendment are the increase in fees for licensing of well contractors and operators. Two additional licenses are proposed. The "Inactive" license and the "Retirement" license will also have a $75 application fee.


License Old Fee Proposed Fee Estimated Annual # licenses Estimated

NET

Costs

Water Well Operator (Training) $25 $75 30 $1,500
Water Well Operator (New) $25 $75 30 $1,500
Water Well Operator (Renewal) $20 $75 240 $13,200
Resource Protection Well Operator (Training) $25 $75 30 $1,500
Resource Protection Well Operator (New) $25 $75 30 $1,500
Resource Protection Well Operator (Renewal) $20 $75 200 $11,000
Conditional 1
Inactive $75 2 $150
Retirement $75 2 N/A2
TOTAL 2 YEAR NET COSTS $30,350
TOTAL ANNUAL NET COSTS $15,175

     WAC 173-162-085, continuing education. Under the proposed rule the department of ecology will no longer be a continuing education provider. An estimated five hundred sixty well drillers annually received their necessary continuing education units (CEUs) from ecology at a rate of $25 per the required seven CEUs. Continuing education will now be available from other providers. One of the primary provider's costs ranges from $75 to $125 for the annual CEU credits. An estimated $28,000 to $56,000 additional continuing education expenses would be shifted to well drillers of Washington state.

     2.2 Other impacts to standards for construction and maintenance of wells.

     There will be other impacts as a result of this rule making to chapter 173-160 WAC. Under WAC 173-160-040(2), drillers working in counties with delegated authority to inspect wells will be required to check with the county environmental health section for inspection requirements. They will be required to obey all county notification and reporting requirements. This will have a minor impact on drillers that is below the threshold for quantification.

     WAC 173-160-171 (3)(b)(vi) states that wells shall not be located within certain minimum distances from known or potential sources of contamination including within one thousand feet from the boundary of a permitted or previously permitted solid waste landfill as defined by the permit or one thousand feet from the property boundary of other solid waste landfills, except ecology may grant a variance under certain circumstances. This will have a minor impact on drillers who may not be able to avoid the setback distance and are forced to ask for a variance. The number of these occurrences cannot be determined.

     2.3 Other impacts to the regulation and licensing of well contractors and operators.

     There will be other impacts as a result of this rule making to chapter 173-162 WAC. Under WAC 173-162-085, drillers are required to obtain fourteen CEUs every two years to maintain their drilling licenses. Ecology will no longer be a provider of CEUs, therefore, drillers will have to obtain them from other sources3. The cost to the drillers for this cannot be determined.

     Under WAC 173-162-095 (3)(b), drillers will need to notify ecology at least twenty-four hours prior to their scheduled exam date if they cannot meet that date. If they fail to reschedule their exam within thirty days of the initial exam date, they will forfeit their application and fee. This will have an impact on those drillers that do not meet this requirement. It is unknown how many drillers will fall into this category. Ecology assumes all applicants will reschedule within thirty days.

     3. QUANTIFICATION OF COSTS AND RATIOS: The largest cost generated by the proposed rule amendments is the cost of the well decommissioning, well driller licensing fees, and continuing education, although there may be some other minor costs.

     In this SBEIS, the names of businesses are taken from employment security's database for SIC code 1780 (water well drilling), and then are matched to this database to find out the corresponding employee numbers and number of firms. For an average small business that drills wells, its average number of employees is 2.6. For an average top 10% business that has an employed well driller, its average number of employees is 29.5. Total cost to all drillers ranges from $343,000 to $571,000. There are two hundred twenty-three active firms in the employment security database giving total cost between $1,538 and $2,561 per firm.

     The cost per employee ratio for small business is from $591 to $985 per employee, and is from $52 to $87 per employee for the top 10% of the largest businesses. These numbers demonstrate that the proposed rule amendments have a disproportionate impact on small business4.

     4. ACTIONS TAKEN TO REDUCE THE IMPACT OF THE RULE ON SMALL BUSINESS: This SBEIS concludes that the proposed rule amendments will disproportionately impact small business. It is not expected that any business will lose sales or revenue. RCW 19.85.030(2) requires:

     Based upon the extent of disproportionate impact on small business identified in the statement prepared under RCW 19.85.040, the agency shall, where legal and feasible in meeting the stated objectives of the statutes upon which the rule is based, reduce the costs imposed by the rule on small businesses.

     (a) Reducing, modifying, or eliminating substantive regulatory requirements;

     Ecology has deleted or modified certain sections of chapters 173-160 and 173-162 WAC which will offset the burden to small businesses. Sections deleted include WAC 173-160-201(9) and 173-162-050 (2)(a)(ii).

     (b) Simplifying, reducing, or eliminating record-keeping and reporting requirements;

     Ecology has not offset the record-keeping and reporting requirements. Small businesses currently have all record-keeping and reporting processes in place. There is no mitigation of these at this time.

     (c) Reducing the frequency of inspections;

     Ecology has not offset the frequency of inspections for small businesses. The Well Drillers Association, an organization on the technical advisory committee (TAG) that assisted ecology in this rule making, wanted inspections to be increased.

     (d) Delaying compliance timetables;

     Ecology has not offset delaying compliance timetables. The Well Drillers Association as members of the TAG wanted inspections to be increased and therefore, timetables will not be delayed to satisfy their request.

     (e) Reducing or modifying fine schedules for noncompliance;

     Ecology has not offset reducing or modifying fine schedules for noncompliance. Fines are set by statute in chapter 18.104 RCW and cannot be reduced or mitigated through rule.

     (f) Any other mitigation techniques.

     Ecology did not include any other mitigation techniques.

     5. THE INVOLVEMENT OF SMALL BUSINESS IN THE DEVELOPMENT OF THE PROPOSED RULE AMENDMENTS: As mandated by statute, the program has utilized the TAG which was established by the 1993 legislature to assist in the development of these rules. This group consists of six licensed drillers, two health staff, two ecology staff, one engineer, and one hydrogeologist. The TAG is chaired by ecology. This group started their work in 2002. Since then, a series of continuing education workshops have been conducted to get driller input on potential rule changes. Further involvement included public workshops and mailings.

     6. THE SIC CODES OF IMPACTED INDUSTRIES: Ecology concludes that the businesses associated with the SIC code 1780 and 1781 will be impacted from the proposed rule amendments.

1 Dick Szymarek, Well drilling lead, department of ecology.

2 Not analyzed. Not required, gives no well drilling privileges.

3 Washington State Groundwater Association, etc.

4 Cost calculations do not separate costs passed on to consumers. All costs of the rule are assumed to be business.

     A copy of the statement may be obtained by contacting Richard Szymarek, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6648, fax (360) 407-7162, e-mail rszy461@ecy.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Richard Szymarek, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6648, fax (360) 407-7162, e-mail rszy461@ecy.wa.gov.

August 21, 2006

Polly Zehm

Deputy Director

OTS-9082.2


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-010   What is the purpose of this regulation?   (1) These regulations are adopted under chapter 18.104 RCW, to establish minimum standards for the construction and decommissioning of all wells in the state of Washington.

     (2) The following are excluded from these regulations:

     (a) Any excavation that is not intended to locate, divert, artificially recharge, observe, monitor, dewater, or withdraw ground water ((for agricultural, municipal, industrial, domestic, or commercial use)) except resource protection wells, ground source heat pump borings, grounding wells, and geotechnical soil borings.

     (b) Any excavation for the purpose of obtaining or prospecting for oil, natural gas, minerals, products of mining, quarrying, inserting media to repressure oil or natural gas bearing formations, storing petroleum, natural gas, or other products, as provided in chapter 78.52 RCW.

     (c) Injection wells regulated in chapter 173-218 WAC.


Exception: Injection wells used to withdraw ground water and remediation wells that are used to inject any substance to remediate, clean up, or control potential or actual contamination may be regulated by chapters 173-218 and 173-160 WAC.

     (d) Infiltration or exfiltration galleries, trenches, ponds, pits, and sumps, except where the department determines that the intended use of the excavation meets a definition in RCW 18.104.020.

     (e) Grounding wells and grounding rods that are installed to a depth of twenty-five feet or less.

     (3) Under chapter 90.48 RCW, those excavations excluded in subsection (2)(a) through (d) of this section shall be constructed, maintained, and decommissioned to ensure protection of the ground water resource and to prevent the contamination and waste of that resource.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-010, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), § 173-160-010, filed 4/6/88; Order 73-6, § 173-160-010, filed 4/30/73.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-040   How does this regulation relate to other authorities?   (1) Nothing in these regulations may be construed to waive any legal requirements of other state agencies or local governmental entities relating to well construction, nor may it preclude the adoption of more stringent minimum well construction standards by local government.

     (2) Well contractors shall be familiar with all state and local well construction requirements, and existing and approved site plans, to include septic permits, for their job sites prior to initiating construction. Drillers working in counties that have delegated authority to inspect wells shall check with the county environmental health section for inspection requirements. Drillers are required to obey all county notification and reporting requirements.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-040, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapters 34.05, 90.54, 18.104, 90.03 and 90.44 RCW. 91-23-093 (Order 91-27), § 173-160-040, filed 11/19/91, effective 12/20/91. Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), § 173-160-040, filed 4/6/88; Order 73-6, § 173-160-040, filed 4/30/73.]


NEW SECTION
WAC 173-160-073   How will the delegated authorities be evaluated?   The department will, on an annual basis, review each of the local health jurisdictions or counties, interagency agreements. The review shall include an audit of the construction inspections, decommissioning inspections, enforcement activities, variance decisions, training needs, technical assistance, coordination with drillers and other driller interactions that occurred during the year. The review will also address the need to update or otherwise change portions of the delegation agreements.

     The department will summarize the reviews into an annual report. The report will be completed no later than April 1 of each year. The completed report will be available to the public upon request and posted on the department's web site.

[]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-101   What are the general standards that apply to all water wells?   The following minimum standards apply to all water wells constructed and decommissioned in the state of Washington. It is the responsibility and liability of the water well operator who constructs the well, the property owner, and the water well contractor, to take whatever measures are necessary to guard against waste and contamination of the ground water resources.

     (1) It is necessary in some cases to construct and decommission wells with additional requirements beyond the minimum standards. Additional requirements may be necessary when the well is constructed or decommissioned ((in, or)) adjacent to a known, or potential source of contamination. Examples of sources, or potential sources of contamination are found in the well siting section, WAC 173-160-171.

     (2) Nothing in these regulations limits the department's authority to approve comparable alternative specifications for well construction as technology in the industry develops, or new and comparable methods of construction become known to the department.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-101, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-106   How do I apply for a variance on a water well?   (1) When strict compliance with the requirements and standards of this chapter are impractical, any person may request a variance to the department from a regulation or regulations. The application for variance must propose a comparable alternative specification that will provide equal or greater human health and resource protection than the minimum standards. Application for a variance shall be made in writing and approved prior to the construction or decommissioning of the well.

     (2) The variance application shall contain at least the following information:

     (a) Name, address, and phone number of the person requesting the variance;

     (b) Address of well site;

     (c) 1/4, 1/4, section, township, range;

     (d) The specific regulation(s) that cannot be followed;

     (e) The comparable alternative specification;

     (f) Justification for the request.

     (3) At the department's discretion, the proponent may be required to provide additional technical information justifying the variance.

     (4) The variance application will be evaluated, and a response will be given within fourteen days. In a public health emergency or other exceptional circumstance, verbal notification for a variance may be given. An emergency usually consists of a well failure resulting in a dry well or an unusable well. Driller convenience does not constitute an emergency.

     (((4))) (5) The emergency variance recipient must immediately follow up with a written notification to the department so that a permanent record is made of the variance.

     (((5))) (6) Local health districts or counties with delegated authority may grant variances under the provision chapter 18.104 delegated authority.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-106, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 98-17, filed 9/2/98, effective 10/3/98)

WAC 173-160-111   What are the definitions of specific words as used in this chapter?   (1) "Abandoned well" means a well that is ((unused,)) unmaintained((, and)) or is in such disrepair ((as to be)) that it is unusable or is a risk to public health and welfare.

     (2) "Access port" is a 1/2- to 2-inch tapped hole or tube equipped with a screw cap, which provides access to the inner casing, for measurement of the depth to water surface. An access port also means a removable cap.

     (3) "Annular space" is the space between the surface or outer casing and the inner casing, or the space between the wall of the drilled hole and the casing.

     (4) "Aquifer" is a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

     (5) "Artesian well" is a well tapping an aquifer bounded above and below by confining or impermeable rock or soil layers, or rock or soil layers of distinctly lower permeability than the aquifer itself. The water will rise in the well above the point of initial penetration (above the bottom of the confining or impermeable layer overlying the aquifer). This term includes both flowing and nonflowing wells.

     (6) "Artificial gravel pack" is a mixture of gravel or sand placed in the annular space around the liner, perforated pipe, or well screen. A gravel pack is used to reduce the movement of finer material into the well and provide lateral support to the screen in unstable formations.

     (7) "Artificial recharge" is the addition of water to an aquifer by activities of man, such as irrigation or induced infiltration from streams, or injection through wells, trenches, pits, and ponds.

     (8) "Bentonite" is a mixture of swelling clay minerals, predominantly sodium montmorillonite.

     (9) "Building drain" means that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning two feet outside the building wall.

     (10) "Building sewer" means that part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system, or other point of disposal.

     (11) "Capped well" is a well that is not in use and has a watertight seal or cap installed on top of the casing.

     (((10))) (12) "Casing" is a pipe, generally made of metal or plastic, which is installed in the bore hole as part of the drilling process to maintain the opening. Casing may be utilized in either consolidated or unconsolidated formations and must meet the requirements of WAC 173-160-201.

     (((11))) (13) "Consolidated formation" means any geologic formation in which the earth materials have become firm and cohesive through natural rock forming processes. Such rocks commonly found in Washington include basalt, granite, sandstone, shale, conglomerate, and limestone. An uncased bore hole will normally remain open in these formations.

     (((12))) (14) "Constructing a well" or "construct a well" means:

     (a) Boring, digging, drilling, or excavating a well;

     (b) Installing casing, sheeting, lining, or well screens, in a well; ((or))

     (c) Drilling a geotechnical soil boring; or

     (d) Installing an environmental investigation well.

     "Constructing a well" or "construct a well" includes the alteration of an existing well.

     (((13))) (15) "Contamination" has the meaning provided in RCW 90.48.020.

     (((14))) (16) "Curbing" is a liner or pipe made of concrete, precast tile or steel installed in dug wells to provide an annular space between the well bore and the liner or pipe for sealing.

     (((15))) (17) "Decommissioning" means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifer(s).

     (((16))) (18) "Department" means the department of ecology.

     (((17))) (19) "Design pumping rate" means the maximum pumping rate as determined by the well driller, without exceeding the department's policy on sand and turbidity.

     (20) "Dewatering well" means a cased or lined excavation or boring that is intended to withdraw or divert ground water for the purpose of facilitating construction, stabilizing a land slide, or protecting an aquifer.

     (((18))) (21) "Director" means director of the department of ecology.

     (((19))) (22) "Disinfection" or "disinfecting" is the use of chlorine, or other disinfecting agent or process approved by the department, in sufficient concentration and contact time adequate to inactivate coliform or other indicator organisms.

     (((20))) (23) "Domestic water supply" is any water supply which serves a family residence(s).

     (((21))) (24) "Draw down" is the measured difference between the static ground water level and the ground water level induced by pumping.

     (((22))) (25) "Drilled well" is a well in which the hole is usually excavated by mechanical means such as rotary, cable tool, or auger drilling equipment.

     (((23))) (26) "Drilling log" means a water or resource protection well report.

     (27) "Driven well" is a well constructed by joining a "drive point" to a length of pipe, then driving the assembly into the ground.

     (((24))) (28) "Dug well" is a well generally excavated with hand tools or by mechanical methods. The side walls may be supported by material other than standard weight steel casing.

     (((25))) (29) "Filter pack" means clean, well rounded, smooth, uniform, sand or gravel, which is placed in the annulus of the well between the bore hole wall and the liner, perforated pipe, or well screen to prevent formation material from entering the well.

     (((26))) (30) "Formation" means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping.

     (((27))) (31) "Ground source heat pump boring" means a vertical boring constructed for the purpose of installing a closed loop heat exchange system for a ground source heat pump.

     (32) "Ground water" means and includes ground waters as defined in RCW ((90.40.035)) 90.44.035.

     (((28))) (33) "Grounding well" means a grounding electrode installed in the earth by the use of drilling equipment to prevent buildup of voltages that may result in undue hazards to persons or equipment. Examples are anode and cathode protection wells.

     (34) "Grout" is a fluid mixture of cement, bentonite, and water used to seal the annular space around or between well casings, or to decommission wells.

     (((29))) (35) "Impermeable" is a descriptive term for earth materials which have a texture or structure that does not permit fluids to perceptibly move into or through its pores or interstices.

     (((30))) (36) "Liner" means ((any device)) a pipe inserted into a larger casing, ((screen,)) or bore hole, after the drilling process has occurred, as a means of maintaining the structural integrity of the well. Liners may only be used in consolidated formations and must meet the requirements of WAC 173-160-201.

     (((31))) (37) "Maximum pumping rate" means the maximum pumping rate, as determined by the well driller, without exceeding the department's policy on sand and turbidity.

     (38) "Operator" means a person who:

     (a) Is employed by a well contractor;

     (b) Is licensed under this chapter; or

     (c) Who controls, supervises, or oversees the construction of a well or who operates well construction equipment.

     (39) "Owner" or "well owner" means the person, firm, partnership, copartnership, corporation, association, other entity, or any combination of these, who owns the property on which the well is or will be constructed or has the right to the well by means of an easement, covenant, or other enforceable legal instrument for the purpose of benefiting from the well.

     (40) "Permeability" is a measure of the ease of which liquids or gas move through a porous material.

     (a) For water, this is usually expressed in units of centimeters per second or feet per day. Hydraulic conductivity is a term for water permeability.

     (b) Soils and synthetic liners with a water permeability of 1 x 10[-7] cm/sec or less may be considered impermeable.

     (((32))) (41) "Pollution" has the meaning provided in RCW 90.48.020.

     (((33))) (42) "Pressure grouting" is a method of forcing grout into specific portions of a well for sealing purposes.

     (((34))) (43) "PTFE" means polytetrafluoroethylene casing materials such as teflon. The use of the term teflon is not an endorsement for any specific PTFE product.

     (((35))) (44) "Public water supply" is any water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, available to the public for human consumption or domestic use, excluding water supplies serving one single-family residence and a system with four or fewer connections, all of which serve residences on the same farm.

     (((36))) (45) "PVC" means polyvinyl chloride, a type of thermoplastic casing or liner.

     (((37))) (46) "Static water level" is the vertical distance from the surface of the ground to the water level in a well when the water level is not affected by withdrawal of ground water.

     (((38))) (47) "Temporary surface casing" is a length of casing (at least four inches larger in diameter than the nominal size of the permanent casing) which is temporarily installed during well construction to maintain ((the)) an annular space for later placement of the surface seal as described in WAC 173-160-275, 173-160-285, 173-160-305, and 173-160-315. The temporary surface casing shall be removed before well completion.

     (((39))) (48) "Test well" is a well (either cased or uncased), constructed to determine the quantity of water available for beneficial uses, identifying underlying rock formations (lithology), and to locate optimum zones to be screened or perforated. If a test well is constructed with the intent to withdraw water for beneficial use, it must be constructed in accordance with the minimum standards for water supply wells, otherwise they shall be constructed in accordance with the minimum standards for resource protection wells. A water right permit, preliminary permit, or temporary permit shall be obtained prior to constructing a test well unless the anticipated use of water is exempt as provided in RCW 90.44.050. A "test well" is a type of "water well."

     (((40))) (49) "Tremie tube" is a small diameter pipe used to place grout, filter pack material, or other well construction materials in a well.

     (((41))) (50) "Turbidity" means the clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter.

     (((42))) (51) "Unconsolidated formation" means any naturally occurring, loosely cemented, or poorly consolidated earth material including such materials as uncompacted gravel, sand, silt and clay.

     Alluvium, soil, and overburden are terms frequently used to describe such formations.

     (((43))) (52) "Water well" means any excavation that is constructed when the intended use of the well is for the location, diversion, artificial recharge, observation, monitoring, dewatering or withdrawal of ground water ((for agricultural, municipal, industrial, domestic, or commercial use)). Water wells include ground source heat pump borings and grounding wells.

     (((44))) (53) "Water well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing water wells.

     (((45))) (54) "Water well report" means a document that describes how a water well, ground source heat pump, or grounding well was constructed or decommissioned and identifies components per the requirements of WAC 173-160-141.

     (55) "Well alteration(s)" include(s): Deepening, hydrofracturing or other operations intended to increase well yields, or change the characteristics of the well. Well alteration does not include general maintenance, cleaning, sanitation, and pump replacement.

     (((46))) (56) "Well completion" means that construction has progressed to a point at which the drilling equipment has been removed from the site, or a point at which the well can be put to its intended use.

     (((47))) (57) "Well contractor" means a resource protection well contractor and water well contractor licensed and bonded under chapter 18.27 RCW.

     (58) "Well driller(s)" or "driller(s)" is synonymous with "operator(s)."

     (((48))) (59) "Well" means water wells, resources protection wells, ((instrumentation wells,)) dewatering wells, and geotechnical soil borings. Well does not mean an excavation made for the purpose of obtaining or prospecting for oil or natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.

     (60) "Well screen" means a device, usually made of plastic or metal that is capable of preventing unconsolidated or poorly consolidated geologic material from entering the well. The size of the material which is prevented from entering the well is predetermined and controlled by the screen opening or slot size of the screen. A well screen may include a riser pipe.

[Statutory Authority: Chapter 18.104 RCW. 98-18-104 (Order 98-17), § 173-160-111, filed 9/2/98, effective 10/3/98. Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-111, filed 3/23/98, effective 4/23/98.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-141   What are the requirements regarding water well reports?   (1) Anyone who constructs or decommissions a well is required to submit a complete report on the construction, alteration, or decommissioning of the well to the ((department)) water resources program within thirty days after completion of a well, or after the drilling equipment has left the site. Submission of well report to consulting firms does not meet the well contractor's obligation of this section.

     (a) This applies to all water wells.

     (b) The water well report must be made on a form provided by the department, or a reasonable facsimile of the form, as approved by the department.

     (2) Where applicable the water well report must include, at least, the following information:

     (a) Owner name; operator/trainee name; operator/trainee license number; contractor registration number, drilling company name;

     (b) Tax parcel number;

     (c) Well location address;

     (d) Location of the well to at least 1/4, 1/4 section or smallest legal subdivision;

     (e) Unique well identification tag number;

     (f) Construction date;

     (g) Start notification number;

     (h) Intended use of well;

     (i) The well depth, diameter, and general specifications of each well;

     (j) Total depth of casing;

     (k) Well head elevation;

     (l) Drilling method;

     (m) Seal material, seal location and type of placement used;

     (n) Filter pack location; filter pack material used;

     (o) The thickness and character of each bed, stratum or formation penetrated by each well, including identification of each water bearing zone;

     (p) Casing gauge, diameter, stickup, type of material, and length, also of each screened interval or perforated zone in the casing;

     (q) The tested capacity of each well in gallons per minute, and the test duration and draw down of the water level at the end of the capacity test;

     (r) Recovery data;

     (s) For each nonflowing well, the depth to the static water level, as measured below the land surface;

     (t) For each flowing well, the shut-in pressure measured above the land surface, or in pounds per square inch at the land surface; and

     (u) Water right permit or certificate number for all wells that are not exempt under RCW 90.44.050; and

     (v) Such additional factual information as may be required by the department.

     (3) The well report must show the license number and signature of the person who constructed the well. If this is an unlicensed person, exempted under RCW 18.104.180(2), the report shall show the license number and signature of the licensed operator who witnessed the drilling. Water well reports for wells constructed by trainees shall have the signature and license number of the trainee and the licensed operator.

     (4) If a well report is missing, a new report may be generated. This report shall contain all physical components of the well and report all available information in accordance with this section. The report shall be signed by the individual collecting the physical information of the well. Submittal of this report does not relieve the person who constructed the well of their obligation to submit a complete well report under subsection (1) of this section.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-141, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-151   Does the department require prior notice and fees for well constructing, reconstructing, or decommissioning a water well?   (1) Yes. The property owner, owner's agent, or water well operator shall notify the department of their intent to begin well construction, reconstruction-alteration, or decommissioning procedures at least seventy-two hours before starting work.

     (2) The notice of intent is submitted on forms provided by the department and must contain the following:

     (a) Well owner name;

     (b) Well location; street address; county name, 1/4, 1/4 section, township, and range, and tax parcel number;

     (c) Proposed use; (if the intended withdrawal requires a water right, the permit or certificate shall be attached to the notice of intent);

     (d) Approximate start and completion dates;

     (e) Contractor registration number;

     (f) Operator/trainee name and license number; and

     (g) Drilling company name.

     (3) In an emergency, a public health emergency, or in exceptional instances, the department may allow verbal notification to the appropriate regional office, with a ((start card written notification follow–up)) notice of intent and payment of fee submitted within twenty-four hours. An emergency situation may consist of a failing well, or water quality issues which could result in a public health or safety concern.

     (4) The notice must be accompanied by the following fees which apply to all newly constructed or altered wells:

     (a) The fee for one ((new)) water well, other than a dewatering well, with a top casing diameter of less than twelve inches is ((one)) two hundred dollars. This fee does not apply to a ground source heat pump boring or a grounding well.

     (b) The fee for one ((new)) water well, other than a dewatering well, with a top casing diameter of twelve inches or greater is ((two)) three hundred dollars.

     (c) The fee for a ground source heat pump boring or a grounding well is forty dollars for construction of up to four ground source heat pump borings or grounding wells per project and ten dollars for each additional ground source heat pump boring or grounding well constructed on a project with more than four wells.

     (d) The combined fee for construction and decommissioning of a dewatering well system shall be forty dollars for each two hundred horizontal lineal feet, or portion of horizontal lineal feet, of the dewatering well system.

     (((d) There is no fee for decommissioning)) (e) The fee to decommission a water well is fifty dollars.

     (f) The fee to decommission a ground source heat pump boring or a grounding well is twenty dollars.

     (5) If drilling results in an unusable well (dry hole), there is no additional fee for a second attempt, provided:

     (a) A subsequent attempt at constructing a new well is made immediately; and

     (b) The unusable well(s) is properly decommissioned before drilling equipment leaves the well site; and

     (c) The department is notified of all decommissionings; and

     (d) A well report describing the decommissioning process is submitted to the department in accordance with this chapter.

     (6) A new notice of intent and fee shall be required on all follow-up construction after the drilling equipment has left the drill site.

     (7) A refund shall be made on any well that has not been constructed provided, a written request on an approved form is made by the person who paid the fee and is submitted to the department within ((twelve)) six months from the date the notice and fee were received by the department. ((A copy of the notice of intent receipt must accompany the request.))

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-151, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-161   How shall each water well be planned and constructed?   Every well must be planned and constructed so that it is:

     (1) Adapted to those geologic and ground water conditions known to exist at the well site to insure utilization of any natural protection available;

     (2) Not a conduit for contaminating the ground water or surface water nor a means of wasting water;

     (3) Capable of yielding, where obtainable, the quantity of water necessary to satisfy the requirements the user has stated are needed and for which the well water is intended to be used.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-161, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-171   What are the requirements for the location of the well site and access to the well?   (1) The proposed water well shall be located on high ground that is not in the floodway.

     (2) It shall be protected from a one hundred year flood and from any surface or subsurface drainage capable of impairing the quality of the ground water supply.

     (3) All wells shall not be located within certain minimum distances of known or potential sources of contamination.

     (a) Some examples of sources or potential sources of contamination include:

     (i) Septic systems, including proposed and reserve sites under a valid septic design: Provided, that the design has been approved for installation by a health authority;

     (ii) Manure, sewage, and industrial lagoons;

     (iii) Landfills;

     (iv) Hazardous waste sites;

     (v) Sea((-))/salt water intrusion areas;

     (vi) Chemical and petroleum storage areas;

     (vii) Pipelines used to convey materials with contamination potential;

     (viii) Livestock barns and livestock feed lots.

     (b) Minimum set-back distances for water wells other than for public water supply are:

     (i) Five feet from any existing building structure, building projection, or building drain. Water wells shall not be located in garages, barns, storage buildings or ((inhabited)) dwellings.

     (ii) Fifty feet from a septic tank, septic holding tank, septic containment vessel, septic pump chamber, and septic distribution box.

     (iii) Fifty feet from building sewers, public sewers, collection and nonperforated sewer distribution lines except building drains.

     (iv) One hundred feet from the edge of a drainfield, proposed drainfield which has been approved by a health authority, and reserve drainfield areas.

     (v) One hundred feet from all other sources or potential sources of contamination except for solid waste landfills.

     (vi) One thousand feet from the ((property)) boundary of a permitted or previously permitted (under chapter 173-304, 173-306, 173-351, or 173-350 WAC) solid waste landfill as defined by the permit; or one thousand feet from the property boundary of other solid waste landfills. Except, a variance may be granted if documentation is provided that demonstrates the construction and operation of the well adjacent to the landfill will not further degrade the environment and will not cause a public health risk.

     (c) All public water supply wells shall be located by the department of health or the local health authority.

     (i) Before construction begins, site approval must be obtained from the department of health, or the local health authority.

     (ii) The requirements of the state board of health regulation regarding public water supplies shall apply.

     (iii) This regulation includes requirements for zones of protection, location of the well, accessibility features, and certain construction requirements.

     (4) In siting a well, the driller shall consider:

     (a) All local and state water well construction regulations, policies, and ordinances;

     (b) Permeability of the soil or rock;

     (c) Adjacent land uses;

     (d) Local ground water conditions; and

     (e) End use of the well.

     (5) ((When a well is located in an area of known or potential contamination, the water well casing and seal shall be impervious to the contaminants.

     (6))) Before construction, the water well operator should strongly emphasize to the well owner, the importance of retaining good accessibility to the well to permit future inspection, maintenance, supplementary construction, and decommissioning.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-171, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-191   What are the design and construction requirements for completing wells?   (1) You may complete wells with screens, perforated liners or pipe, or open bottom completion. The well driller or designer shall advise the owner or the owner's representative of the most appropriate method of completion.

     (2) All well components must be of sufficient strength to withstand the normal forces to which they are subjected during and after construction.

     (3) Water wells must be completed in a manner which prevents the production of untreatable amounts of sand, silt, or turbid water which would render the well unusable.

     (4) Open bottom completion is appropriate where the withdrawn waters are essentially free of sand, silt and turbidity.

     (5) Perforated pipe completion is suitable for a coarse-grained, permeable aquifer where the withdrawn waters are free of sand, silt or turbidity.

     (6) Perforations above the static water level are not permitted.

     (7) In place perforations with Star, Mills knife, or similar type perforators are acceptable.

     (8) Perforated pipe liners, either saw cut, torch cut, mill slotted, or punched are acceptable.

     (9) The use of perforated casing for working casing as the hole is being drilled is prohibited, except in those cases where the contractor can, through personal experience in the particular area of drilling, attest to the sufficiency of the pre-perforated casing in all respects for the specific well being constructed.

     (10) Pipe liners may be of steel, plastic or other suitable corrosion resistant material.

     (11) All liners must be of sufficient strength to withstand normal forces exerted upon the liner material during installation and operation.

     (12) Liners may be used only in ((a natural development or gravel packed type construction)) consolidated formations.

     (13) The installation of a liner without a gravel pack is prohibited when conditions exist that will result in excessively turbid water.

     (14) Well screens and well points must be constructed of compatible corrosion resistant material.

     (a) A neoprene, or grout seal shall be fitted to the top of the well screen assembly, if necessary.

     (b) The bottom of the well screen shall be plugged or capped.

     (c) The use of lead packers is prohibited.

     (15) The alignment of the bore hole, permanent casing, or liner shall be sufficiently plumb and straight to allow the installation of screens, liners, pumps, and pump columns without binding or having adverse affects on the operation of the installed pumping equipment.

     (a) Alignment of the well casing or bore hole shall not deviate from an alignment that would allow a twenty foot test section of pipe to be inserted to the bottom of the well without binding.

     (b) The diameter of the test section of pipe shall be per Table 1 in WAC 173-160-201.

     (c) For testing alignment in casing reductions, each section shall be tested separately.

     (16) For wells completed in an unconsolidated formation in which the bore hole extends beyond the completed casing or screen depth, the driller must backfill that portion of the bore hole that extends more than ten feet beyond the casing or screen. The backfill shall consist of either bentonite or chlorinated sand or pea gravel. If any portion of the bore hole extension penetrates a clay layer which is greater than six feet in thickness, that portion of the bore hole shall be sealed with bentonite. A notice of intent to decommission a water well is not required for this work.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-191, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 98-17, filed 9/2/98, effective 10/3/98)

WAC 173-160-201   What are the casing and liner requirements?   (1) Proper casing must be installed in all water supply wells.

     (2) The casing shall withstand normal forces which act upon it during and after installation. It shall be resistant to the corrosive effects of the surrounding formations, earth, and water and shall be impervious to any contaminants encountered.

     (3) All plastic casing ((for use)) or liner pipe used in potable water supply wells must be manufactured to conform to National Sanitation Foundation (NSF) Standard 14-84, or the most recent revision.

     (4) Unless prior approval is obtained from the department, ((materials for)) well casings and liner pipes must be made of either steel ((casing as shown in Table 1)) or plastic ((casing as shown in Table 2)).

     (5) Liner pipe must be of sufficient strength to withstand breakage or collapse when the well is pumped and meet ASTM potable water standards.

     (6) When installed, liner pipe shall extend or telescope at least two feet into the lower end of the well casing. If more than one string of liner pipe is installed, each string shall extend or telescope at least eight feet into the adjacent larger diameter liner pipe.

     (7) Liner pipe may not be permanently fixed to a well casing below land surface.

     (8) Minimum specifications for steel casing and steel liner pipe for water wells are shown in Table 1.

     (((6))) (9) Minimum specifications for plastic casing and plastic liner pipe for water wells are shown in Table 2.

     (10) Steel casing larger than twenty inches shall have a minimum wall thickness of 0.375 inches.


TABLE 1
Minimum Specifications for Steel Casing and Steel Liner Pipe

NOMINAL

SIZE

(inches)

OUTSIDE

DIAMETER

(inches)

WALL

THICKNESS (inches)

WEIGHT

PER FOOT (pounds)

TEST

SECTION

OUTSIDE

DIAMETER

(inches)

1.25 1.660 0.140 2.27 0.500
1.5 1.900 0.145 2.72 0.750
2.0 2.375 0.154 3.65 1.000
2.5 2.875 0.203 5.79 1.500
3.0 3.500 0.216 7.58 2.000
3.5 4.000 0.226 9.11 2.500
4.0 4.500 0.237 10.79 3.000
5.0 5.563 0.258 14.62 3.500
6.0 6.625 0.250 17.02 4.000
8.0 8.625 0.250 22.36 6.000
10 10.750 0.250 28.04 8.000
12 12.750 0.250 33.38 10.000
14 14.000 0.312 45.61 11.000
16 16.000 ((0.344)) 0.375 57.52 14.000
18 18.000 0.375 70.59 16.000
20 20.000 0.375 78.60 18.000
24 24.000 0.375 94.62 20.000
30 30.000 0.375 118.65 24.000


TABLE 2
Minimum Specifications for Plastic Casing and Plastic Liner Pipe

NOMINAL CASING

     DIAMETER

(inches)

MINIMUM

THICKNESS

(inches)

SDR
2.0 0.133 21
2.5 0.137 21
3.0 0.167 21
3.5 0.190 21
4.0 0.214 21
4.5 0.236 21
5.0 0.265 21
6.0 0.316 21
8.0 0.410 21
10 0.511 21
12 0.606 21

STEEL CASING AND STEEL LINER

     (((7))) (11) All steel casing ((materials)) and steel liner must be new or, in like new condition, and be structurally sound.

     (a) Casing or liner that has been exposed to a contaminant shall not be used in well construction unless the contamination can be entirely removed.

     (b) When casing or liner lengths are joined together, they must be connected by watertight weld or screw coupled joints.

     (i) Welded joints must be at least as thick as the wall thickness of the well casing and be fully penetrating.

     (ii) All steel well casing or liner shall meet or exceed the minimum American Society for Testing and Materials (ASTM) A-53 A or B specification for steel pipe.


PLASTIC CASING AND PLASTIC LINER

     (((8))) (12) Plastic, fiberglass, PVC, SR, ABS, CPVC or other type of nonmetallic well casing or liner must be manufactured and installed to conform with ANSI/ASTM F 480-81, ((Standard Dimension Ratio (SDR) 21)) or the most recent revision.

     (a) SDR is calculated by dividing the outside diameter of the pipe by the wall thickness.

     (b) SDR 21 is the minimum requirement (Class 200); higher pressure rated pipe may be used.

     (c) All plastic casing must be installed only in an oversized drill hole without driving. The oversized hole must be a diameter of at least 4 inches larger than the outside diameter of the plastic casing or coupling hubs, whichever is larger. Plastic casing and liner must be of sufficient strength to withstand breakage or collapse when installed and while the well is pumped. Plastic casing and liner must meet ASTM potable water standards.

     (d) All plastic casing or liner must be new or, in like new condition and clearly marked by the manufacturer showing nominal size, class, type of plastic material, SDR, ASTM designation, and have a National Sanitation Foundation (NSF) seal of approval for use in potable water supplies.

     (e) Casing or liner that has been exposed to a contaminant shall not be used in well construction unless the ((construction can be)) contaminant is entirely removed.

     (f) Plastic casing or liner joints must be watertight.

     (i) Either "bell" type, threaded joints, or coupling hubs are approved.

     (ii) Hub couplings must be of materials meeting the specifications for plastic casings as stipulated in subsection (2) of this section.

     (iii) If joints are secured with solvent cement, it must be done in accordance with manufacturer's directions.

     (((g) Table 2 is the manufacturer's recommendations for specifications of plastic casing.

TABLE 2
Minimum Specifications for Plastic Casing

((NOMINAL CASING

DIAMETER

(inches)

MINIMUM

THICKNESS

(inches)

SDR
2.0 0.13321 21
2.5 0.13721 21
3.0 0.16721 21
3.5 0.19021 21
4.0 0.21421 21
4.5 0.23621 21
5.0 0.26521 21
6.0 0.31621 21
8.0 0.41021 21
10 0.51121 21
12 0.60621 21))

LINER PIPE

     (9) Liner pipe must consist of steel, in new or like new condition, free of pits or breaks; or polyvinyl chloride (PVC), CPVC, type 1120, with SDR 21 (Class 200) or greater wall thickness. All PVC must be clearly marked to identify the type, class, and SDR.

     (a) Liner pipe must be of sufficient strength to withstand breakage or collapse when the well is pumped and meet ASTM potable water standards.

     (b) When installed, liner pipe shall extend or telescope at least two feet into the lower end of the well casing. If more than one string of liner pipe is installed, each string shall extend or telescope at least eight feet into the adjacent larger diameter liner pipe.

     (c) Liner pipe may not be permanently fixed to a well casing below land surface.))


CONCRETE CURBING

     (((10))) (13) The concrete used to make curbing must consist of clean, hard and durable aggregate with not less than five sacks (ninety-four pounds per sack) of portland cement per cubic yard of concrete.

     (a) The maximum diameter of aggregate particles may not exceed 1 1/2 inches, but in any case may not exceed 1/5 the minimum width of the casing thickness.

     (b) The ratio of coarse aggregate to fine aggregate (passing No. 4 U.S. Standard Sieve) must be approximately 1 1/2 to 1 by volume, but in any case, may not exceed 2 to 1 nor be less than 1 to 2.

     (((11))) (14) The curbing shall be at least six inches thick and free of voids. The walls shall be poured in one continuous operation.

     (((12))) (15) When concrete tile is used to line a well, the combined total wall thickness and seal shall be a minimum of six inches.

[Statutory Authority: Chapter 18.104 RCW. 98-18-104 (Order 98-17), § 173-160-201, filed 9/2/98, effective 10/3/98. Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-201, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-221   What are the standards for sealing materials?   (1) Bentonite sealant:

     (a) Bentonite used to prepare slurries for sealing, or decommissioning shall be specifically designed for this purpose. At no time shall grout slurry contain materials that are toxic, polluting, develop odor or color changes, or serve as a micro-bacterial nutrient. All bentonite slurries shall be prepared and installed according to the manufacturer's instructions. All additives must be certified by a recognized certification authority such as NSF. Active solids content (bentonite) shall be twenty percent by weight or greater in all bentonite slurries. The active solids shall be checked by using the following formula:


Weight of bentonite (lbs.) X 100= % solids

Weight of bentonite (lbs.)+ (gallons of water x 8.33 lbs./gal)


Example: 105 lbs. of bentonite X 100= 20% solids

     105 lbs. bentonite+ (50 gallons of water x 8.33 lbs./gal)


     (b) Unhydrated bentonite--pelletized, granulated, powder, or chip bentonite may be used in the construction of seals or in decommissioning of wells. The bentonite material shall be specifically designed for sealing or decommissioning and be within the industry tolerances for dry western sodium bentonite. Polymer additives must be designed and manufactured to meet industry standards to be nondegrading and must not act as a medium which will promote growth of micro-organisms. All unhydrated bentonite used for sealing or decommissioning must be free of organic polymers. Placement of bentonite shall conform to the manufacturer's specifications and result in a seal free of voids or bridges.

     (2) Cement sealants:

     (a) Neat cement consists of either portland cement types I, II, III, or high-alumina cement mixed with not more than six gallons of potable water per sack of cement (ninety-four pounds per sack).

     (b) Neat cement grout consists of neat cement with up to five percent bentonite clay added, by dry weight of the bentonite. Bentonite is added to improve flow qualities and compensate for shrinkage.

     (c) Concrete sealants consist of clean, hard and durable aggregate with not less than five sacks (ninety-four pounds per sack) of portland cement per cubic yard of concrete sealant and water.

     (i) The maximum diameter of aggregate particles may not exceed 1 1/2 inches, but in any case may not exceed 1/5 the minimum width of the casing thickness.

     (ii) The ratio of coarse aggregate to fine aggregate (passing No. 4 U.S. Standard Sieve) must be approximately 1 1/2 to 1 by volume, but in any case, may not exceed 2 to 1 nor be less than 1 to 2.

     (iii) The quantity of water used for each batch of cement sealant shall not exceed manufacturer's recommendation.

     (d) Expanding agents, such as aluminum powder, may be used at a rate not exceeding 0.075 ounce (1 level teaspoon) per sack (ninety-four pounds per sack) of dry cement. The powder may not contain polishing agents. High-alumina cement and portland cement of any type must not be mixed together.

     (e) Controlled density fill (CDF) or fly ash shall not be used in any well construction or decommissioning.

     (f) All cement sealants shall be mechanically mixed prior to placing in the well or bore hole.

     (3) Sealing methods:

     (a) When neat cement or neat cement grout is used in sealing, it shall be placed seventy-two hours before additional drilling takes place, unless special additives are mixed with the neat cement or neat cement grout that cause it to set in a shorter period of time.

     (b) All hydrated sealing materials shall be placed by tremmying the mixture from the bottom of the annular space to the surface in one continuous operation.

     (4) This section may not preclude the use of new sealant materials which have been approved by the technical advisory group.

     (5) Sealing materials shall be impervious to any contaminants encountered.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-221, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-231   What are the standards for surface seals?   (1) All water wells constructed shall have a surface seal which seals the annular space between the bore hole and the permanent surface casing.

     (a) The seal shall be constructed to prevent surface contaminants from reaching the ground water.

     (b) The surface seal must have a minimum diameter of four inches larger than the nominal size of the surface casing, to include the outside diameter of the bell, in bell and hub couplings.

     (c) The surface seal must extend from land surface to a minimum depth of eighteen feet. Except, when the minimum surface seal requirements for driven, jetted, dewatering and some dug wells are less than eighteen feet. See the appropriate section for these wells for a detailed description of their sealing requirements.

     (2) Sealing material must be placed in an open annular space that is a minimum of four inches greater in diameter than the nominal size of the permanent casing.

     (3) The completed surface seal must fully surround the permanent casing, must be evenly distributed, free of voids, and extend to undisturbed or recompacted soil.

     (4) After the permanent casing has been set in final position, the annular space shall be filled to land surface with bentonite or neat cement grout or neat cement. Leaving voids for future installation of equipment such as a pitless adapter is prohibited.

     (5) A temporary surface casing with a minimum length of eighteen feet and a minimum nominal diameter of four inches greater than the permanent casing shall be used in all unconsolidated formations such as in gravels, sands, or other unstable conditions when the use of drilling fluid or other means of keeping the bore hole open are not employed. Except driven and jetted wells shall utilize a temporary surface casing with a minimum length of six feet and a minimum nominal diameter of four inches greater than the permanent casing shall be used in all unconsolidated formations such as in gravels, sands, or other unstable conditions when the use of drilling fluid or other means of keeping the bore hole open are not employed.

     (6) Whenever reconstruction involves permanent surface casing movement; or the existing surface seal is damaged; or a surface seal never existed; the driller shall repair, replace, or install a minimum of eighteen feet of surface seal around the permanent casing.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-231, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-241   What are the requirements for formation sealing?   (1) Unconsolidated formation sealing - Without significant clay beds or other confining formations - Drilled wells that penetrate an aquifer overlain by unconsolidated formations such as sand and gravel without significant clay beds (at least six feet thick) or other confining formations shall be sealed in accordance with the surface sealing requirements of WAC 173-160-231. See Figure 1.

     (2) Unconsolidated formation sealing - With significant clay beds or other significant confining formations - Drilled wells that penetrate an aquifer overlain by clay or other confining formations that are at least six feet thick, shall be sealed to prevent movement of water or contamination in the annular space between the permanent casing and the clay or other confining formation(s). One of the following methods shall be used to seal the annular space:

     (a) A drill hole at least four inches greater in diameter than the nominal size of the permanent well casing shall extend from the land surface into the clay bed or other confining formation located directly above the aquifer to be developed. The annular space shall be filled with bentonite (slurry or unhydrated), neat cement grout, or neat cement to form a watertight seal between the permanent casing and all significant confining formations encountered during drilling. If bentonite slurry, neat cement grout, or neat cement is used to seal the annular space it must be placed by either pumping or tremmying the seal material from the lowest clay bed or other confining formation of significance encountered, to land surface. The drill hole shall be kept open through the use of a temporary casing or any other drilling method that stabilizes the bore hole wall. See Figure 1.

     (b) An upper drill hole at least four inches greater in diameter than the nominal size of the permanent well casing shall extend to a minimum of eighteen feet from land surface. A temporary casing or other means of maintaining an open bore hole shall be utilized. All temporary casing will have an outside diameter of a minimum of four inches larger than the permanent casing (for example, a ten-inch temporary casing for a six-inch permanent casing). The upper drill hole shall always contain a minimum of nine feet of sealant throughout the advancement of the permanent casing. Except, if the temporary casing is removed or not utilized, the upper drill hole shall be kept full of sealant. See Figure 1.

     (3) Consolidated formations - In drilled wells that penetrate an aquifer, either within or overlain by a consolidated formation, sealing of the casing shall conform with one of the following procedures.

     (a) Procedure one - An upper drill hole at least four inches greater in diameter than the nominal size of the permanent well casing shall extend from land surface into a sound, unfractured, consolidated formation. An unperforated permanent casing shall be installed to extend to this same depth, and the lower part of the casing shall be driven ((and sealed)) into the consolidated formation ((to establish)) and sealed in a manner that establishes a watertight seal between the formation and the casing. The remainder of the annular space to land surface shall be filled with neat cement grout, neat cement, or bentonite.

     (i) If the consolidated formation is encountered at a depth less than eighteen feet from land surface, the upper drill hole and permanent casing shall extend to a minimum of eighteen feet from land surface. See Figure 2.

     (ii) If neat cement grout, neat cement, or bentonite slurry is placed by pumping to seal the entire annulus from the bottom up to land surface, the upper drill hole may be a minimum of two inches larger than the outside diameter of the permanent casing.

     (b) Procedure two - An upper drill hole at least four inches greater in diameter than the nominal size of the permanent casing extends from land surface to a depth of at least eighteen feet. An unperforated permanent casing shall be driven into the consolidated formation and sealed in a manner that establishes a watertight seal between the formation and the casing. Throughout the driving of the well casing to the consolidated formation, the annular space between the upper drill hole and the permanent casing shall be kept at least one-half full with unhydrated bentonite, or bentonite slurry. The remainder of the annular space to land surface shall be filled with cement grout, neat cement, or bentonite. See Figure 2.

     (c) If temporary surface casing is used in either procedure (a) or (b) of this subsection, the casing must be a minimum of eighteen feet long and at least four inches larger in diameter than the permanent casing. If a consolidated formation is encountered within the first eighteen feet, the temporary casing may terminate at the interface of the consolidated formation. Withdrawal of the temporary casing must take place simultaneously with proper sealing of the annular space to land surface.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-241, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-261   How do I seal dug wells?   The surface seal of all dug wells shall be constructed to effectively seal the annular space between the undisturbed native material of the upper well hole and the well curbing, which may consist of (concrete tile, steel pipe or liner). The seal depth shall be at least eighteen feet from land ((to)) surface or to within three feet of the bottom in dug wells that are less than twenty-one feet in depth. Dug wells may be sealed with cement, neat cement, bentonite, or neat cement grout. A cap shall be placed on all dug wells. Except during maintenance, the cap shall remain in place. The cap shall prevent entry of pollutants, insects, and mammals into the well. See Figure 3.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-261, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-271   What are the special sealing standards for driven wells, jetted wells, and dewatering wells?   (1) Driven wells - An upper hole at least four inches greater in diameter than the permanent casing shall extend a minimum of six feet below land surface. The annular space between the upper oversized drill hole and the permanent casing must be kept at least one-half full with bentonite or bentonite slurry throughout all driving of the pipe. The remaining annular space to land surface shall be filled with neat cement grout, neat cement, or bentonite. See Figure 4.

     (2) Jetted wells - The surface seal in jetted wells shall be constructed to seal the annular space between the permanent casing and undisturbed native soil. An upper hole at least four inches greater in diameter than the permanent casing shall extend a minimum of six feet below land surface.

     (3) Dewatering wells:

     (a) Permanent dewatering wells shall be sealed ((to a depth of eighteen feet or within three feet of the bottom of the well for wells less than twenty-one feet deep. The minimum annular space requirements, sealing material, and decommissioning procedures of this chapter apply to all permanent dewatering wells.

     (b) Temporary dewatering wells - Dewatering wells that are in place less than eighteen months and are less than eighteen feet deep are exempt from the sealing requirements of this chapter. Temporary wells that are installed over eighteen months and that are deeper than eighteen feet, must have a minimum of eighteen feet of surface seal and meet the minimum annular space requirements and sealing materials authorized under)) in one of the following manners:

     (i) For wells in which the top of the screen interval is greater than twenty-one feet below land surface, the minimum sealing depth shall be eighteen feet.

     (ii) If the top of the screen interval is twenty-one feet or less below the land surface, the seal shall be within three feet of the top of the screen. In no instance shall the seal be less than ten feet in depth.

     (iii) All permanent dewatering wells shall be constructed to prevent interconnection of separate aquifers penetrated by the well, and provide casing stability.

     (b) Temporary dewatering wells are wells that are in place less than eighteen months.

     (i) Temporary dewatering wells less than twenty-five feet deep shall have a minimum of a three-foot surface seal.

     (ii) Temporary dewatering wells that are installed deeper than twenty-five feet, must have a minimum of five feet of surface seal.

     (iii) Temporary dewatering wells that connect different aquifers, allowing waters to commingle, must have a dewatering plan that addresses and mitigates potential inter-aquifer transfer and cross-contamination.

     (iv) All temporary dewatering wells must be decommissioned or reconstructed to meet standards for permanent dewatering wells within eighteen months from the date of installation.

     (c) The minimum annular space requirements, sealing material, and decommissioning procedures of this chapter apply to all dewatering wells. This includes wells that have been cut down, altered or damaged during the dewatering process. Temporary dewatering wells located within an area to be excavated for construction are exempt from these sealing requirements but are required to be decommissioned in accordance with this chapter.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-271, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 98-17, filed 9/2/98, effective 10/3/98)

WAC 173-160-291   What are the standards for the upper terminal of water wells?   (1) The watertight casing or curbing of any well shall extend at least six inches above the ground surface. Pit completion is prohibited.

     (2) Where the site is subject to flooding, the top of the casing must be at least two feet above the estimated water level of a one hundred-year frequency flood.

     (3) All wells shall be equipped with an access port that allows for the measurement of the depth to water surface, or with a pressure gage that indicates the shut-in pressure of a flowing artesian well. See Figure 6. The access ports and pressure gages or other openings in the cover are sealed or capped to prevent entrance of surface water or foreign material into the well.

     (4) Any vent opening, observation ports or air-line equipment shall extend from the upper end of the well by watertight piping to a point at least six inches above land surface. The terminals of these facilities shall be shielded or sealed to prevent entrance of foreign matter or pollutants.

     (5) A pitless adapter, or similar device is permitted on water wells if it is made with fittings approved by the department of health. The use and installation of pitless adapters must meet manufacturer's standards. The connection must be above static water level except for adapters specifically designed for installation below static water level.

     (6) Any person who removes any part of a surface seal to install a pitless adapter shall ((repair the seal)) be responsible to have the seal repaired by a licensed or otherwise qualified person so that ((it)) the seal is brought up to land surface.

[Statutory Authority: Chapter 18.104 RCW. 98-18-104 (Order 98-17), § 173-160-291, filed 9/2/98, effective 10/3/98. Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-291, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-311   What are the well tagging requirements?   (1) It shall be the operator's responsibility to place a well identification tag with a unique identification number on every well that they construct, alter, or reconstruct within thirty days of completion of the well. The original unique identification number shall be used on all subsequent work and documentation.

     (a) The alpha-numeric number shall be recorded on the drilling report in the space provided.

     (b) The operator shall remove the well identification tag on all wells they decommission and shall attach the tag to the decommissioning well report.

     (2) It shall be the well owner's responsibility to place a well identification tag with a unique identification number on every well they own, unless the well has been previously tagged.

     (a) Upon request, the department shall furnish the well owner with a well tag and tagging instructions.

     (b) The well owner shall tag their well(s) and submit a completed tagging report to the department.

     (3) The well tag shall be permanently attached to the outer well casing or other prominent well feature and be visible above land surface.

     (4) All well identification tags shall be supplied by the department.

     (5) It is unlawful for a person to tamper with or remove a well identification tag except during well alteration.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-311, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-321   How do I test a well?   (1) Well authorized by appropriation permit - Before being put to use, each well shall be test pumped for yield and draw down. Reports of the test pumping shall be submitted as required in chapter 90.44 RCW. The driller shall be familiar with and meet all testing procedures outlined in the water right permit. The well shall be test pumped at rates equal to, or greater than, are expected from the well during its normal usage. The test pump for public water supply wells shall be operated continuously for a minimum of four hours, or longer if required by the department of health. The yield and draw down shall be determined following at least four hours of ((stabilized water level observation)) constant rate pumping. Periodic water level observation should be made during draw down and subsequent recovery periods. Periods of observation shall be more frequent during the onset of the draw down and may decrease in frequency as the draw down or recovery proceeds ((toward stabilization)). A bailer test is not an acceptable substitute for testing wells under permit or for public water supply wells.

     (2) Wells not requiring appropriation permit - Testing of a well that does not require an appropriation permit shall be conducted at a constant rate for a period of at least one hour or longer if required by the department of health. ((The last twenty minutes of the test shall be conducted at a constant rate of withdrawal to achieve a stabilized pumping level.)) Test pumping under this section can be either by bailer, air lift, or with a pump.

     (3) Test data shall be reported to the department on the water well report by the operator at the time the report is submitted.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-321, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-371   What are the standards for chemical conditioning?   The use of detergents, chlorine, acids or other chemicals in wells for the purpose of increasing or restoring yield, shall be used according to manufacturer's recommendations. The placement or use of packers and subsequent pressurization within the bore hole or casing while cleaning or hydrofracturing shall not damage the seal at the drive shoe. Except for ((routine maintenance and cleaning)) disinfection and cleaning of wells, a well drilling license is required for all other chemical conditioning that alters the condition of the water well.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-371, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-381   What are the standards for decommissioning a well?   Any well which is unusable, abandoned, or whose use has been permanently discontinued, or which is in such disrepair that its continued use is impractical or is an environmental, safety or public health hazard shall be decommissioned. The decommissioning procedure (as prescribed by these regulations) must be recorded and reported as required by the department.

     (1) Drilled cased wells. Remove all liners, debris, and obstructions from the well casing, except well screens and packers. All cased water wells ((that were not constructed in accordance with these regulations, or wells which are decommissioned to allow the placement of potential sources of contamination within one hundred feet of the well, or for which a drilling report required under WAC 173-160-141 is missing,)) shall be decommissioned in one of the following ways:

     (a) Perforate the casing from the bottom to within five feet of the land surface and pressure ((grout)) seal the casing.

     (i) Perforations shall be at least four equidistant cuts per row, and one row per foot. ((Each cut shall be at least one and one-half inches long.)) The perforations must be sufficient enough to allow neat cement grout or neat cement, or bentonite slurry to migrate outside the casing and effectively prevent the movement of water.

     (ii) Apply enough pressure to force the sealing material through the perforations, filling any voids on the outside of the casing.

     (iii) The ((remainder of the)) casing shall be filled completely with neat cement grout, neat cement, or bentonite slurry. The screen and up to five feet of riser pipe may be filled with unhydrated bentonite. The remainder of the riser pipe must be removed.

     (iv) The casing may be cut off at a maximum of five feet below land surface. A steel cap shall be welded on the casing; or

     (b) Withdraw the casing and fill the bore hole with neat cement grout, neat cement, unhydrated bentonite, or bentonite slurry as the casing is being withdrawn.

     (2) ((If it can be verified through a field examination and review of the drilling report that a water supply well was constructed in accordance with these regulations, and it is not being decommissioned to allow the siting of potential sources of contamination within one hundred feet of the well, it shall be decommissioned by the casing removal, or casing perforation methods described in subsection (1)(a) or (b) of this section or by:

     (a) Filling the casing from bottom to within five feet of land surface with bentonite, cement grout, or neat cement.

     (b) The casing may be cut off at a maximum of five feet below land surface.

     (3))) Drilled uncased wells - ((Backfill)) Remove all liners, debris, and obstructions. Seal uncased wells with concrete, neat cement grout, neat cement, or bentonite.

     (((4))) (3) Dug wells -

     (a) The following criteria are required for the decommissioning of all dug wells:

     (i) Remove all debris and obstructions that impede decommissioning or that may contaminate the aquifer from within the dug well. ((Install clean chlorinated sand or pea gravel to a point two feet above static water level. Fill the remainder of the well with concrete or bentonite to the land surface. Dug wells with static levels below twenty feet from land surface, may be decommissioned by placing chlorinated sand or pea gravel to the static level and then placing alternating layers of sealing material and chlorinated sand or pea gravel to within twenty feet of land surface. The alternating layers of sand or pea gravel must be a maximum of five feet thick. The minimum thickness of the sealing material layers must be five feet. The remainder of the dug well to a maximum of two feet below land surface shall be filled with bentonite, neat cement, cement grout, or concrete. Bentonite slurry shall not be used to decommission dug wells.))

     (ii) Dug wells may have a maximum of three feet of soil cover from top of sealing material to land surface.

     (iii) Dug wells shall be sealed with either unhydrated bentonite, neat cement, neat cement grout, or concrete. The use of controlled density fill (CDF), bentonite slurry, or fly ash is prohibited.

     (iv) Dug wells that are not cast-in-place must have a minimum of three feet of sealing material in contact with native soil below land surface. Bentonite slurry shall not be used to decommission dug wells.

     (b) Dug wells that are dry at any time during the year and that are less than twenty feet in depth shall be sealed from the bottom to within three feet of land surface.

     (c) Dug wells that have a static water level of ten feet from land surface or less and a depth of less than twenty feet may be decommissioned by installing clean chlorinated sand or pea gravel to a maximum depth of ten feet below land surface. Otherwise, the well shall be filled with either unhydrated bentonite, neat cement, neat cement grout, or concrete.

     (d) Dug wells that have a static water level over ten feet and a depth of less than twenty feet from land surface may be decommissioned by installing clean chlorinated sand or pea gravel to the static level. Otherwise, the well shall be filled with either unhydrated bentonite, neat cement, neat cement grout, or cement.

     (e) Dug wells with static levels twenty feet or less from the land surface and that are greater than twenty feet deep may be decommissioned by placing chlorinated sand or pea gravel to twenty feet below land surface. Otherwise, the well, to a maximum of three feet below land surface, shall be filled with unhydrated bentonite, neat cement, neat cement grout, or concrete.

     (f) Dug wells with static levels below twenty feet from land surface, may be decommissioned by placing chlorinated sand or pea gravel to the static level and then placing alternating layers of sealing material and chlorinated sand or pea gravel to within twenty feet of land surface. The alternating layers of sand or pea gravel must be a maximum of five feet thick. The minimum thickness of the sealing material layers must be five feet. Otherwise, the dug well shall be filled with unhydrated bentonite, neat cement, neat cement grout, or concrete to a maximum of three feet below land surface.

     (4) Flowing artesian wells that are not leaking on the outside of the casing shall be decommissioned by pressure grouting with neat cement or weighted high solids bentonite slurry from the bottom of the well bore to land surface. If the well is leaking on the outside of the casing or if leaking develops while the decommissioning method above is employed, then the casing must be perforated and pressure grouted to replace all confining layers and to stop leakage.

     (5) Placement of sealing material.

     (a) Sealing material placed below the static water level shall be piped directly to the point of application or placed by means of a dump bailer or pumped through a tremie tube. As the sealing material is placed, the existing well tile may be encapsulated into the seal material. If ((cement)) concrete, neat cement grout, bentonite, bentonite slurry, or neat cement is used to seal below the static water level in the well, the material shall be placed from the bottom up by methods that avoid segregation or dilution of the material. When used to place concrete, neat cement, neat cement grout, or bentonite slurry the discharge end of the tremie tube shall be submerged in the ((grout)) sealing material to avoid breaking the seal while filling the annular space.

     (b) All authorized sealing material placed above the static water level or into the dewatered portion of the well may be hand poured above the static water level, provided the material does not dilute or segregate, and ((the resulting)) result in a seal ((is)) free of voids.

     (c) When decommissioning wells that were originally constructed without casing, unhydrated bentonite chips or pellets may be hand placed, provided it forms a continuous seal.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-381, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-400   What are the minimum standards for resource protection wells and geotechnical soil borings?   The following minimum standards shall apply to all resource protection wells and geotechnical soil borings constructed in the state of Washington. It is the responsibility of ((theresource)) the resource protection well operator, resource protection well contractor, and the property owner to take whatever measures are necessary to guard against waste and contamination of the ground water resource.

     (1) It will be necessary in some cases to construct resource protection wells and geotechnical soil borings with additional requirements beyond the minimum standards.

     (2) Nothing in this section limits the department's authority to approve comparable alternative specifications for construction as technology in the industry is developed, or new methods of construction become known to the department.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-400, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-410   What are the specific definitions for words in this chapter?   This section specifically defines words associated with resource protection wells and geotechnical soil borings. To find the definitions of other words, see WAC 173-160-111.

     (1) "Environmental investigation well" means a cased hole intended or used to extract a sample or samples of ground water, vapor, or soil from an underground formation and which is decommissioned immediately after the sample or samples are obtained. An environmental investigation well is typically installed using direct push technology or auger boring and uses the probe, stem, auger, or rod as casing. An environmental investigation well is not a geotechnical soil boring.

     (2) "Geotechnical information" means subsurface engineering properties used for the purpose of designing structures such as bridges, buildings, highways, pipelines, or for assessing slope stability samples to ascertain structural properties of the subsurface.

     (((2))) (3) "Geotechnical soil boring" or "boring" means an uncased well drilled for the purpose of obtaining soil samples to ascertain structural properties of the subsurface. ((Geotechnical soil boring includes auger borings, rotary borings, cone penetrometer probes and vane shear probes, or any other uncased ground penetration for geotechnical information.

     (3))) (4) "Ground source heat pump boring" means a vertical boring constructed for the purpose of installing a closed loop heat exchange system for a ground source heat pump.

     (5) "Grounding well" means a grounding electrode installed in the earth by the use of drilling equipment to prevent buildup of voltages that may result in undue hazards to persons or equipment. Examples are anode and cathode protection wells.

     (6) "Instrumentation well" means a well in which pneumatic or electric geotechnical or hydrological instrumentation is permanently or periodically installed to measure or monitor subsurface strength and movement. Instrumentation well includes bore hole extensometers, slope indicators, pneumatic or electric pore pressure transducers, and load cells.

     (((4) "Lysimeter" means a well used to withdraw soil water or pore samples from subsurface soil or rock above the water table for chemical, physical, or biological testing.

     (5))) (7) "Monitoring well" means a well designed to obtain a representative ground water sample or designed to measure the water level elevations in either clean or contaminated water or soil.

     (((6))) (8) "Nested well" means the installation of more than one cased resource protection well in one bore hole. This does not preclude casing reductions or installation of vibrating wire piezometers.

     (((7))) (9) "Observation well" means a well designed to measure the depth to the water or water level elevation in either clean or contaminated water or soil.

     (((8))) (10) "Piezometer" means a well designed to measure water level elevation at a specific depth beneath the water table.

     (((9))) (11) "Remediation well" means a well intended or used to withdraw ground water or inject water, air (for air sparging), or other solutions into the subsurface for the purpose of remediating, cleaning up, or controlling potential or actual ground water contamination.

     (((10))) (12) "Resource protection well" means a cased boring intended or used to collect subsurface information or to determine the existence or migration of pollutants within an underground formation. Resource protection wells include monitoring wells, observation wells, piezometers, spill response wells, remediation wells, environmental investigation wells, vapor extraction wells, ground source heat pump boring, grounding wells, and instrumentation wells.

     (((11))) (13) "Resource protection well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing resource protection wells or geotechnical soil borings.

     (((12))) (14) "Resource protection report" or "geotechnical soil boring report" means a document that describes how a resource protection well or geotechnical soil boring was constructed or decommissioned and identifies its components per the requirements of WAC 173-160-420.

     (15) "Spill response well" means a well used to capture or recover any spilled or leaked fluid which has the potential to, or has contaminated the ground water.

     (((13))) (16) "Vapor extraction well" means a well used to withdraw gases or vapors from soil, rock, landfill, backfill or ground water for the purpose of investigating or remediating soil ((and/))or ground water contamination or managing gases or vapors.

     (((14))) (17) "Well driller" or "driller" means a resource protection well contractor or operator and a water well contractor or operator.

     (((15))) (18) "Well" means water wells, resources protection wells, instrumentation wells, dewatering wells, and geotechnical soil borings. Well does not mean an excavation made for the purpose of obtaining or prospecting for oil or natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-410, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 98-17, filed 9/2/98, effective 10/3/98)

WAC 173-160-420   What are the general construction requirements for resource protection wells?   (1) No resource protection well or soil boring excavation may be used to withdraw or inject water for domestic, industrial, municipal, commercial, or agricultural purposes.

     (2) No resource protection well or soil boring excavation may interconnect aquifers.

     (3) Nested resource protection wells are prohibited.

     (4) Cuttings, development water, and other investigation derived waste from resource protection well construction or geotechnical soil borings shall be managed in a manner consistent with the intent and purposes of the Water Pollution Control Act, chapter 90.48 RCW, the Hazardous Waste Management Act, chapter 70.105 RCW, and implementing regulations.

     (5) Well tagging:

     (a) It shall be the driller's responsibility to place a well identification tag with a unique identification number on every resource protection well that they construct or alter within thirty days of completion of the well. Uncased geotechnical soil borings and environmental investigation wells are exempt from the tagging requirements of this chapter.

     (i) The alpha-numeric number shall be recorded on the drilling report in the space provided.

     (ii) The driller shall remove the well identification tag on all resource protection wells they decommission and shall attach the tag to the decommissioning well report.

     (b) It shall be the well owner's responsibility to place a well identification tag with a unique identification number on every resource protection well they own and which was completed prior to the effective date of this regulation.

     (i) Upon request, the department shall furnish the well owner with a well tag and tagging instructions.

     (ii) The well owner shall tag their well(s) and submit a completed tagging report to the department.

     (c) The well tag shall be permanently attached to the outer well casing and be visible above land surface for all wells which have been completed above land surface. For wells completed below land surface, the well tag shall be attached to the well casing or to any permanent and protected portion of the vault.

     (d) All well identification tags shall be supplied by the department.

     (e) It is unlawful for a person to tamper with or remove a well identification tag except during well alteration.

     (6) All resource protection wells will be sealed in accordance with ((this chapter)) WAC 173-160-450 regardless of the method of installation. Except, resource protection wells that are properly decommissioned prior to the removal of any drilling equipment from the well location are exempted from the surface sealing requirements of this chapter. Provided the decommissioning process includes the removal of any conduit, tubing, probe, or other items inserted into the ground.

     (7) All geotechnical soil borings shall be decommissioned under the terms of this chapter.

     (8) Except as provided in RCW 18.104.180, all construction, alteration, reconstruction, and decommissioning of resource protection wells and geotechnical soil borings shall be done by an individual licensed under the provisions of chapter 173-162 WAC.

     (9) A notice of intent to construct or decommission a resource protection well and a geotechnical soil boring shall be filed with the department a minimum of seventy-two hours prior to initiating construction or decommissioning of the well(s) or boring(s). A fee must accompany each notice of intent to construct or decommission a resource protection well. ((The fee for constructing, altering, or reconstructing each resource protection well is forty dollars. Geotechnical soil borings are EXEMPT from all fees.))

     (a) The fee for a resource protection well, except for an environmental investigation well, a ground source heat pump boring, or a grounding well, is forty dollars for each well.

     (b) The fee for an environmental investigation well in which ground water is sampled or measured is forty dollars for the construction of up to four environmental investigation wells per project, ten dollars for each additional environmental investigation well constructed on a project with more than four wells. There is no fee for soil or vapor sampling purposes.

     (c) The fee for a ground source heat pump boring or a grounding well is forty dollars for construction of up to four ground source heat pump borings or grounding wells per project and ten dollars for each additional ground source heat pump boring or grounding well constructed on a project with more than four wells.

     (d) The fee to decommission a resource protection well, except for an environmental investigation well, is twenty dollars. There is no fee to decommission an environmental investigation well or a geotechnical soil boring.

     (e) The fee to decommission a ground source heat pump boring or a grounding well is twenty dollars. Under some circumstances, it may be necessary to construct more resource protection wells or geotechnical soil borings than originally anticipated. When additional resource protection wells are constructed on a site for which a notice of intent and fee were submitted, a second notice and fee shall be submitted within twenty-four hours after all wells have been completed or as soon as the final number of wells to be constructed is determined, whichever is sooner. When additional geotechnical soil borings are needed, the borings may be completed. A follow-up notice of intent shall be submitted to the department within twenty-four hours after all borings are constructed. Notification to construct multiple wells or geotechnical soil borings within the same quarter/quarter section, township, and range may be submitted on one notice form. ((A fee of forty dollars per well must be attached to each notice. Example: Six resource protection wells identified on one notice of intent would be submitted along with a two hundred forty dollar fee.))

     (10) Resource protection well and geotechnical soil boring drilling reports.

     (a) Every well contractor is required to submit a complete report on the construction, alteration, or decommissioning of all resource protection wells and geotechnical soil borings they construct. Reports must be submitted to the ((department)) water resources program within thirty days after completion of construction, alteration, or decommissioning. Submission of well report to consulting firms does not meet the well contractor's obligation of this section.

     (b) This applies to all resource protection wells and geotechnical soil borings.

     (c) The resource protection well and geotechnical soil boring report must be made on a form provided by the department, or a reasonable facsimile of the form, as approved by the department.

     (d) Where applicable the report shall include the following information:

     (i) Owner's name; operator/trainee name; operator/trainee license number; contractor registration number, drilling company name;

     (ii) Tax parcel number;

     (iii) Well location address;

     (iv) Location of the well to at least 1/4, 1/4 section or smallest legal subdivision;

     (v) Unique well identification tag number;

     (vi) Construction date;

     (vii) Start notification number;

     (viii) Intended use of well;

     (ix) The well depth, diameter, and general specifications of each well;

     (x) Total depth of casing;

     (xi) Well head elevation;

     (xii) Drilling method;

     (xiii) Seal material, seal location and type of placement used;

     (xiv) Filter pack location; filter pack material used;

     (xv) The thickness and character of each bed, stratum or formation penetrated by each well including identification of each water bearing zone;

     (xvi) Casing gauge, diameter, stickup, type of material, and length, also of each screened interval or perforated zone in the casing;

     (xvii) The depth to the static water level, as measured below the land surface; and

     (xviii) Such additional factual information as may be required by the department.

     (e) The well report must show the license number and signature of the person who constructed the well. If this is an unlicensed person, exempted under RCW 18.104.180(2), the report shall show the license number and signature of the licensed individual who witnessed the drilling. Resource protection well reports for wells constructed by trainees shall have the signature and license number of the trainee and licensed operator.

     What are the surface protection requirements?

     (11) All resource protection wells shall be capped and protected using one of the following methods:

     (a) If the well is cased with metal and completed above the ground surface, you must attach a watertight cap with a lock to the top of the casing.

     (b) If the well is not cased with metal and completed above the land surface, you must install a protective metal casing over and around the well. The protective casing shall extend at least six inches above the top of the well casing and be cemented at least two feet into the ground. A cap with lock shall be attached to the top of the protective casing.

     (12) You shall protect the well(s) completed above ground from damage by:

     (a) Cementing three metal posts, at least three inches in diameter, in a triangular array around the casing and at least two feet from it. Each post shall extend at least three feet above and below the land surface.

     (b) A reinforced concrete pad may be installed to protect against and prevent frost heave. If installed, the concrete pad shall extend to a depth equal to anticipated frost depth. When a concrete pad is used, the well seal may be part of the concrete pad.

     (13) If the well is completed below land surface, a watertight cap with a lock shall be attached to the top of the well casing. A metal monument or equivalent shall be installed over and around the well. The monument shall serve as a protective cover and be installed level with the land surface and be equipped with a waterproof seal to prevent the inflow of any water or contaminants. Drains will be provided, when feasible, to keep water out of the well and below the well cap. The cover must be designed to withstand the maximum expected loading.

     (14) The protective measures may be waived or modified upon written approval from the department (a variance).

     (15) If the well is damaged, the well protection measures and casing shall be repaired to meet the requirements of this chapter. If the well is damaged beyond repair, it shall be decommissioned in accordance with WAC 173-160-460.

[Statutory Authority: Chapter 18.104 RCW. 98-18-104 (Order 98-17), § 173-160-420, filed 9/2/98, effective 10/3/98. Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-420, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), § 173-160-420, filed 4/6/88.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-430   What are the minimum casing standards?   The casing may not effect or interfere with the chemical, physical, radiological, or biological constituents of interest. The casing shall also withstand normal forces which act upon it during and after installation. All resource protection well casing shall conform to ASTM Standards, or at least 304 or 316 stainless steel, PTFE, or Schedule 40 PVC casing.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-430, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-160-450   What are the well sealing requirements?   (1) All resource protection wells constructed shall have a continuous seal, which seals the annular space between the bore hole and the permanent casing. The seal shall be constructed to prevent interconnection of separate aquifers penetrated by the well, and shall provide casing stability. Except for environmental investigation wells, the seal shall have a minimum diameter of four inches larger than the nominal size of the permanent casing, and shall extend from land surface to the top of the filter pack. The filter pack shall be no less than one foot or greater than five feet above the screen interval. See Figure 7. Wells that are installed using direct push technology will follow the sealing guidelines of WAC 173-160-455.

     (2) After the permanent casing has been set in final position, the filter pack (optional) and sealing material shall be placed in the open bore hole annular space that must be a minimum of four inches greater in diameter than the nominal size of the permanent casing. After installing the filter pack (optional) a layer of bentonite shall be placed on top of the filter pack to maintain separation between the seal material and the screened interval. Insure that placement will not disturb the filter pack. The remaining annular space shall be filled to land surface in a continuous operation with bentonite, neat cement, or cement grout. If a cement/bentonite slurry is used as the sealant, it shall be installed with a ((tremmie)) tremie tube and pumped from the top of the bentonite plug (above the filter pack) to land surface. Use only potable water to hydrate the mixture.

     (3) The completed annular space shall fully surround the permanent casing, be evenly distributed, free of voids, and extend from the permanent casing to undisturbed or recompacted soil.

     (4) All sealing materials used shall conform to one of the following minimum requirements:

     (a) Bentonite sealants:

     (i) Bentonite used to prepare slurries for sealing, or decommissioning shall be specifically designed for this purpose. At no time shall grout slurry contain materials that are toxic, polluting, develop odor or color changes, or serve as a micro-bacterial nutrient. All bentonite slurries shall be prepared and installed according to the manufacturer's instructions. All additives must be certified by a recognized certification authority such as NSF. Active solids content (bentonite) shall be twenty percent by weight or greater in all bentonite slurries.

     (ii) Unhydrated bentonite--pelletized, granulated, powder, or chip bentonite may be used in the construction of seals or in decommissioning of resource protection wells. The bentonite material shall be specifically designed for sealing or decommissioning and be within the industry tolerances for dry western sodium bentonite. Polymer additives must be designed and manufactured to meet industry standards to be nondegrading and must not act as a medium which will support or promote the growth of micro-organisms. All unhydrated bentonite used for sealing or decommissioning must be free of organic polymers. Placement of bentonite shall conform to the manufacturer's specifications and result in a seal free of voids or bridges.

     (b) Cement sealants:

     (i) Neat cement consists of either portland cement types I, II, III, or high-alumina cement mixed with not more than six gallons of potable water per sack of cement (ninety-four pounds per sack).

     (ii) Neat cement grout consists of neat cement with up to five percent bentonite clay added, by dry weight of the bentonite. Bentonite is to be added to improve flow qualities and compensate for shrinkage.

     (iii) Concrete sealants consist of clean, hard and durable aggregate with not less than five sacks (ninety-four pounds per sack) of portland cement per cubic yard of concrete sealant and water.

     (A) The maximum diameter of aggregate particles may not exceed 1 1/2 inches, but in any case may not exceed 1/5 the minimum width of the casing thickness.

     (B) The ratio of coarse aggregate to fine aggregate (passing No. 4 U.S. Standard Sieve) must be approximately 1 1/2 to 1 by volume, but in any case, may not exceed 2 to 1 nor be less than 1 to 2.

     (iv) Expanding agents, such as aluminum powder, may be used at a rate not exceeding 0.075 ounce (1 level teaspoon) per sack (ninety-four pounds per sack) of dry cement. The powder may not contain polishing agents. High-alumina cement and portland cement of any type must not be mixed together.

     (5) This section may not preclude the use of new sealant materials which have been approved by the technical advisory group.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-450, filed 3/23/98, effective 4/23/98.]


NEW SECTION
WAC 173-160-451   What are the minimum standards for direct push resource protection wells?   (1) Resource protection wells that are installed using direct push technology shall comply with the applicable standards in these rules for reporting, casing, screening, development, surface protection, cleaning, tagging, and completion.

     (2) Resource protection wells that are installed using direct push technology shall also comply with the following standards:

     (a) Prepacked or sand packed screens shall be used. The sand pack or filter pack shall not extend more than three feet above the top or one foot below the bottom of the well screen; and

     (b) The outside diameter of the bore hole shall be a minimum of one inch greater than the outside diameter of the well casing; and

     (c) Granular bentonite shall not be used in the sealed interval below the static water level. Prepacked or slurry sealant is required below static level. Any sealing method used must result in a continuous and effective seal meeting the minimum sealing standards of this chapter; and

     (d) Direct push wells shall not be constructed through more than one water bearing formation and the seal shall be from the top of the sand pack to land surface. Direct push wells shall not be greater than thirty feet in depth unless a variance is obtained. A request for a variance must be accompanied by a site-specific plan; and

     (e) If the total probe depth exceeds the depth of the bottom of the screen it must be properly decommissioned to the bottom of the screen.

[]


NEW SECTION
WAC 173-160-453   What are the minimum standards for construction of ground source heat pump borings?   (1) General requirements.

     (a) Applicability of minimum standards. The minimum standards set forth herein apply to all ground source heat pump borings as defined in WAC 173-160-111, constructed by a licensed operator.

     (b) Prohibition against other uses. Ground source heat pump borings cannot be used for any purpose other than heat exchange. After completion, ground source heat pump borings shall not be converted to any other type of well except by written approval by the department. The operator shall ensure that the ground source heat pump boring is constructed according to this chapter.

     (2) Location of ground source heat pump borings.

     (a) A ground source heat pump boring shall not be located within one hundred feet from any water supply well.

     (b) The setback from public water supply wells for ground source heat pump borings must comply with applicable department of health sanitary control zone regulations for the public water supply wells. Where the sanitary control zone is greater than one hundred feet the setback should reflect the expanded distance.

     (c) Variances to the standard setback for water supply wells can be obtained when:

     (i) The approved sanitary control zone for the public supply well is less than one hundred feet. Notification and concurrence is required from the department of health to insure that the new setback is consistent with the approved public water supply well sanitary control zone. Variances for public supply wells will be issued by the local or state health authority.

     (ii) The water supply well is not a public water supply well and the reduced set back is adequate to protect against encroachment on the well and can provide adequate protection against potential contamination. The reduced set back shall be no more than seventy-five feet.

     (d) No variance shall be approved for a setback less than the approved sanitary control zone for a water supply well, unless it can be demonstrated that the water supply well is hydrogeologically protected from any potential threat posed by the closed-loop heat system.

     (3) Construction standards for ground source heat pump borings. Site specific conditions shall be assessed to determine the best method and materials to be used for sealing the well annulus to protect the ground water.

     (a) Casing material. If permanent casing is needed in a ground source heat pump boring, it must meet standards set out in WAC 173-160-201 for steel and for plastic.

     (b) In a closed-loop ground source heat pump boring, the material used to make up the heat exchange loop that is placed into the ground must be able to withstand the normal forces which act upon it during and after construction. It shall be resistant to the corrosive effects of the surrounding formations, earth, water, and heat exchange fluids within the pipe.

     (c) Pressure testing. Pressure testing will be done in accordance with manufacturer recommended specifications. The closed-loop assembly pipe within the bore hole shall not leak or cause contamination to the ground water.

     (d) All fluids used in the construction and testing of ground source heat pump borings will be handled and utilized in a manner that does not contaminate the ground or surface waters of the state.

     (e) Bore hole size. The hole size for ground source heat pump borings must be of sufficient size to allow placement of the heat exchange loop and, tremie pipe, but in no case shall the bore hole diameter be less than six inches when one inch loop pipe is installed. When a loop pipe greater than one inch is utilized, the size of the bore hole will be determined by ecology.

     (f) Grouting of an uncased bore hole. Grouting (sealing) the bore hole of a ground source heat pump boring must be completed immediately after the heat exchange loop is installed to avoid cave in of the uncased hole. The near surface area where the ground source heat pump borings will be connected to a manifold to connect it to the closed-loop system may be filled with earth materials.

     (i) Sealing must be done with an active solids content bentonite grout slurry (minimum twenty percent active solids by weight) per WAC 173-160-221. Use of controlled density fill (CDF) is prohibited.

     (ii) Sealing material placed in the bore hole shall be uncontaminated; drilling fluids must be purged from the bore hole during the installation of the sealing material. Neither cuttings from the drilling process nor drilling fluid shall be used as bore hole sealing material.

     (iii) Slurry mixes of bentonite grout shall be installed by pumping through a tremie pipe in a continuous operation using a positive displacement method. Polymer additives designed to retard swelling are acceptable for use with the bentonite grout per WAC 173-160-221 (1)(a). The tremie pipe will extend the full depth of the bore hole before pumping begins. Minimum slurry volume used must be equal to or exceed the calculated annulus volume of the bore hole. Grouting material shall surround all pipes remaining in the bore hole to land surface.

     (g) Grouting of a permanently cased bore hole. Grouting of cased bore holes shall be sealed in accordance with this chapter.


Exception: When the casing is perforated from bottom to land surface and is pressure grouted in accordance with WAC 173-160-381 (1)(a).

     (h) Unsuccessful installation of a ground source heat pump boring. If grouting is not successful, the department must preapprove an alternate completion of the ground source heat pump boring. If an alternate completion is not approved, the well must be properly decommissioned.

     (i) An open-loop system must meet the construction standards of a water well. If the withdrawal of ground water exceeds the exemption requirements of RCW 90.44.050, a water right permit is required.

     (j) It shall be the responsibility of the driller to properly construct the bore hole, pressure test the loop pipe, install the loop pipe, and grout the bore hole.

[]


NEW SECTION
WAC 173-160-456   What are the minimum standards for construction of grounding wells?   (1) General requirements. Grounding wells (cathodic protection wells or anode wells – These wells must be constructed in accordance with the provisions of Part One -- General Requirements for Water Well Construction, chapter 173-160 WAC.

     (2) Grounding wells shall be designed by an engineer, licensed in Washington state, trained in the design of corrosion protection wells.

     (3) The internal materials used and size of element installed shall meet all industry standards for cathodic protection and anode wells.

     (4) Grounding wells shall not pollute the waters of the state.

     (5) If constructed within one hundred feet of a potential source of contamination, sealing is required to a minimum depth of fifty feet or the first significant confining layer, whichever is deeper, in accordance with WAC 173-160-241.

     (6) Where the well construction regulations cannot be met, a variance may be requested.

     (7) Grounding wells twenty-five feet in depth or less are exempt from these regulations, however, commingling of aquifers is still prohibited.

     (8) Driven grounding rods installed to a depth of twenty-five feet or less are exempt from these regulations.

[]


AMENDATORY SECTION(Amending Order 98-17, filed 9/2/98, effective 10/3/98)

WAC 173-160-460   What is the decommissioning process for resource protection wells?   (1) Resource protection wells and geotech soil borings that were not constructed in accordance with these regulations, or for which a drilling report required under this section is missing, shall be decommissioned in one of the following ways:

     (a) Perforate the casing from the bottom to land surface and pressure grout the casing.

     (i) Perforations shall be at least four equidistant cuts per row, and one row per foot. Each cut shall be at least one and one-half inches long.

     (ii) Apply enough pressure to force the sealing material through the perforations, filling any voids on the outside of the casing.

     (iii) The remainder of the casing shall be filled with cement grout, neat cement, or bentonite slurry.

     (b) Withdraw the casing and fill the bore hole with cement grout, neat cement, or bentonite as the casing is being withdrawn.

     (2) ((If it can be)) Wells with an inside casing diameter equal to or greater than one inch and constructed in accordance with these regulations as verified through a field examination and review of the drilling report ((that the resource protection well was constructed in accordance with these regulations, it)) shall be decommissioned by:

     (a) Filling the casing from bottom to land surface with bentonite, cement grout, or neat cement; and

     (b) Placing a cap on the casing.

     (3) Wells with an inside casing diameter less than one inch shall be decommissioned by pressure grouting the entire casing length.

     (4) Vibrating wire piezometers installed per WAC 173-160-450 are exempt from these decommissioning procedures.

     (5) Direct push wells shall be decommissioned in accordance with this section.

     (6) Geotechnical soil borings, or boring, shall be decommissioned by sealing from bottom to land surface with bentonite, bentonite slurry, cement grout, or neat cement. Sealing material placed below the static water level shall be piped directly to the point of application or placed by means of a dump bailer or pumped through a tremie tube. If cement, neat cement grout, or neat cement is used to seal below the static water level in the well, the material shall be placed from the bottom up by methods that avoid segregation or dilution of the material. When used to place grout, the discharge end of the tremie tube shall be submerged in the grout to avoid breaking the seal while filling the annular space. Provided the material does not dilute or segregate and the resulting seal is free of voids, sealing material may be hand poured above the static water level.

[Statutory Authority: Chapter 18.104 RCW. 98-18-104 (Order 98-17), § 173-160-460, filed 9/2/98, effective 10/3/98. Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-032 (Order 97-08), § 173-160-460, filed 3/23/98, effective 4/23/98.]

OTS-9083.1


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-162-030   How are the words and phrases used in this chapter?   (((1) "Abandoned well" means a well that is unused, unmaintained, or is in such disrepair as to be unusable.

     (2) "Access port" is a 1/2- to 2-inch tapped hole or tube equipped with a screw cap, which provides access to the inner casing, for measurement of the depth to water surface. An access port also means a removable wellcap.

     (3) "Annular space" is the space between the surface or outer casing and the inner casing, or the space between the wall of the drilled hole and the casing.

     (4) "Aquifer" is a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

     (5) "Artesian well" is a well tapping an aquifer bounded above and below by confining or impermeable rock or soil layers, or rock or soil layers of distinctly lower permeability than the aquifer itself. The water will rise in the well above the point of initial penetration (above the bottom of the confining or impermeable layer overlying the aquifer). This term includes both flowing and nonflowing wells.

     (6) "Artificial gravel pack" is a mixture of gravel or sand placed in the annular space around the liner, perforated pipe, or well screen. A gravel pack is used to reduce the movement of finer material into the well and provide lateral support to the screen in unstable formations.

     (7) "Artificial recharge" is the addition of water to an aquifer by activities of man, such as irrigation or induced infiltration from streams, or injection through wells, trenches, pits, and ponds.

     (8) "Bentonite" is a mixture of swelling clay minerals, predominantly sodium montmorillonite.

     (9) "Capped well" is a well that is not in use and has a watertight seal or cap installed on top of the casing.

     (10) "Casing" is a pipe, generally made of metal or plastic, which is installed in the bore hole to maintain the opening.

     (11) "Consolidated formation" means any geologic formation in which the earth materials have become firm and cohesive through natural rock forming processes. Such rocks commonly found in Washington include basalt, granite, sandstone, shale, conglomerate, and limestone. An uncased bore hole will normally remain open in these formations.

     (12))) See other definitions under chapter 173-160 WAC.

     (1) "Constructing a well" or "construct a well" means:

     (a) Boring, digging, drilling, or excavating a well;

     (b) Installing casing, sheeting, lining, or well screens, in a well; ((or))

     (c) Drilling a geotechnical soil boring; or

     (d) Installing an environmental investigation well.

     "Constructing a well" or "construct a well" includes the alteration of an existing well.

     (((13) "Contamination" has the meaning provided in RCW 90.48.020.

     (14))) (2) "Continuing education provider" is any person, organization, school or other entity involved in education that has received approval from the department for their continuing education plan and curriculum.

     (3) "Continuing education unit" is one credit approved by the department for time spent participating in training or instruction in subject areas approved by the department.

     (((15) "Curbing" is a liner or pipe made of concrete, precast tile or steel installed in dug wells to provide a annular space between the well bore and the liner or pipe for sealing.

     (16))) (4) "Decommissioning" means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifers.

     (((17))) (5) "Department" means the department of ecology.

     (((18))) (6) "Dewatering well" means a cased or lined excavation or boring that is intended to withdraw or divert ground water for the purpose of facilitating construction, stabilizing a land slide, or protecting an aquifer.

     (((19))) (7) "Director" means director of the department of ecology.

     (((20) "Disinfection" or "disinfecting" is the use of chlorine, or other disinfecting agent or process approved by the department, in sufficient concentration and contact time adequate to inactivate coliform or other indicator organisms.

     (21))) (8) "Domestic water supply" is any water supply which serves a family residence(s).

     (((22) "Draw down" is the measured difference between the static ground water level and the ground water level induced by pumping.

     (23) "Drilled well" is a well in which the hole is usually excavated by mechanical means such as rotary, cable tool, or auger drilling equipment.

     (24))) (9) "Driven well" is a well constructed by joining a "drive point" to a length of pipe, then driving the assembly into the ground.

     (((25))) (10) "Dug well" is a well generally excavated with hand tools or by mechanical methods. The side walls may be supported by material other than standard weight steel casing.

     (((26) "Filter pack" means clean, well rounded, smooth, uniform, sand or gravel, which is placed in the annulus of the well between the bore hole wall and the liner, perforated pipe, or well screen to prevent formation material from entering the well.

     (27) "Formation" means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping.

     (28))) (11) "Environmental investigation well" means a cased hole intended or used to extract a sample or samples of ground water, vapor, or soil from an underground formation and which is decommissioned immediately after the sample or samples are obtained. An environmental investigation well is typically installed using direct push technology or auger boring and uses the probe, stem, auger, or rod as casing. An environmental investigation well is not a geotechnical soil boring.

     (12) "Geotechnical information" means subsurface engineering properties used for the purpose of designing structures such as bridges, buildings, highways, pipelines, or for assessing slope stability.

     (((29))) (13) "Geotechnical soil boring" or "boring" means an uncased well drilled for the purpose of obtaining soil samples to ascertain structural properties of the subsurface. ((Geotechnical soil boring includes auger borings, rotary borings, cone penetrometer probes and vane shear probes, or any other uncased ground penetration for geotechnical information.

     (30))) (14) "Ground source heat pump boring" means a vertical boring constructed for the purpose of installing a closed loop heat exchange system for a ground source heat pump.

     (15) "Ground water" means and includes ground waters as defined in RCW 90.44.035.

     (((31) "Grout" is a fluid mixture of cement, bentonite, and water used to seal the annular space around or between well casings, or to decommission wells.

     (32) "Impermeable" is a descriptive term for earth materials which have a texture or structure that does not permit fluids to perceptibly move into or through its pores or interstices.

     (33))) (16) "Grounding well" means a grounding electrode installed in the earth by the use of drilling equipment to prevent buildup of voltages that may result in undue hazards to persons or equipment. Examples are anode and cathode protection wells.

     (17) "Instrumentation well" means a well in which pneumatic or electric geotechnical or hydrological instrumentation is permanently or periodically installed to measure or monitor subsurface strength and movement. Instrumentation well includes bore hole extensometers, slope indicators, pneumatic or electric pore pressure transducers, and load cells.

     (((34) "Liner" means any device inserted into a larger casing, screen, or bore hole as a means of maintaining the structural integrity of the well.

     (35) "Lysimeter" means a well used to withdraw soil water or pore samples from subsurface soil or rock above the water table for chemical, physical, or biological testing.

     (36))) (18) "Monitoring well" means a well designed to obtain a representative ground water sample or designed to measure the water level elevations in either clean or contaminated water or soil.

     (((37) "Nested well" means the installation of more than one cased resource protection well in one bore hole. This does not preclude casing reductions.

     (38))) (19) "Observation well" means a well designed to measure the depth to the water or water level elevation in either clean or contaminated water or soil.

     (((39))) (20) "Operator" means a person who:

     (a) Is employed by a well contractor;

     (b) Is licensed under this chapter; or

     (c) Who controls, supervises, or oversees the construction of a well or who operates well construction equipment.

     (((40) "Permeability" is a measure of the ease of which liquids or gas move through a porous material.

     (a) For water, this is usually expressed in units of centimeters per second or feet per day. Hydraulic conductivity is a term for water permeability.

     (b) Soils and synthetic liners with a water permeability of 1 x 10[-7] cm/sec or less may be considered impermeable.

     (41) "Piezometer" means a well designed to measure water level elevation at a specific depth beneath the water table.

     (42) "Pollution" has the meaning provided in RCW 90.48.020.

     (43) "Pressure grouting" is a method of forcing grout into specific portions of a well for sealing purposes.

     (44) "PTFE" means polytetrafluoroethylene casing materials such as teflon. The use of the term teflon is not an endorsement for any specific PTFE product.

     (45))) (21) "Owner" or "well owner" means the person, firm, partnership, copartnership, corporation, association, other entity, or any combination of these, who owns the property on which the well is or will be constructed or has the right to the well by means of an easement, covenant, or other enforceable legal instrument for the purpose of benefiting from the well.

     (22) "Public water supply" is any water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, available to the public for human consumption or domestic use, excluding water supplies serving one single-family residence and a system with four or fewer connections all of which serve residences on the same farm.

     (((46) "PVC" means polyvinyl chloride a type of thermoplastic casing.

     (47))) (23) "Remediation well" means a well intended or used to withdraw ground water or inject water, air (for air sparging), or other solutions into the subsurface for the purpose of remediating, cleaning up, or controlling potential or actual ground water contamination.

     (((48))) (24) "Resource protection well" means a cased boring intended or used to collect subsurface information or to determine the existence or migration of pollutants within an underground formation. Resource protection wells include monitoring wells, observation wells, piezometers, spill response wells, remediation wells, environmental investigation wells, vapor extraction wells, ground source heat pump boring, grounding wells, and instrumentation wells.

     (((49))) (25) "Resource protection well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing resource protection wells or geotechnical soil borings.

     (((50))) (26) "Spill response well" means a well used to capture or recover any spilled or leaked fluid which has the potential to, or has contaminated the ground water.

     (((51) "Static water level" is the vertical distance from the surface of the ground to the water level in a well when the water level is not affected by withdrawal of ground water.

     (52) "Temporary surface casing" is a length of casing (at least four inches larger in diameter than the nominal size of the permanent casing) which is temporarily installed during well construction to maintain the annular space.

     (53))) (27) "Test well" is a well (either cased or uncased), constructed to determine the quantity of water available for beneficial uses, identifying underlying rock formations (lithology), and to locate optimum zones to be screened or perforated. If a test well is constructed with the intent to withdraw water for beneficial use, it must be constructed in accordance with the minimum standards for water supply wells, otherwise they shall be constructed in accordance with the minimum standards for resources protection wells. A water right permit, preliminary permit, or temporary permit shall be obtained prior to constructing a test well unless the anticipated use of water is exempt as provided in RCW 90.44.050. A "test well" is a type of "water well."

     (((54) "Tremie tube" is a small diameter pipe used to place grout, filter pack material, or other well construction materials in a well.

     (55) "Turbidity" means the clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter.

     (56) "Unconsolidated formation" means any naturally occurring, loosely cemented or poorly consolidated earth material including such materials as uncompacted gravel, sand, silt and clay. Alluvium, soil, and overburden are terms frequently used to describe such formations.

     (57))) (28) "Vapor extraction well" means a well used to withdraw gases or vapors from soil, rock, landfill, or ground water or allow air or vapor to enter subsurface soil or rock for the purpose of remediating soil and/or ground water contamination.

     (((58))) (29) "Water well" means any excavation that is constructed when the intended use of the well is for the location, diversion, artificial recharge, observation, monitoring, dewatering or withdrawal of ground water. Water well includes ground source heat pump borings and grounding wells.

     (((59))) (30) "Water well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing water wells.

     (((60))) (31) "Well alterations" include(s), deepening, hydrofracturing or other operations intended to increase well yields or change the characteristics of the well. Well alterations does not include general maintenance, cleaning, sanitation, and pump replacement.

     (((61) "Well completion" means that construction has progressed to a point at which the drilling equipment has been removed from the site, or a point at which the well can be put to its intended use.

     (62))) (32) "Well contractor" means a resource protection well contractor and a water well contractor licensed and bonded under chapter 18.27 RCW.

     (((63))) (33) "Well driller(s)" or "driller(s)" ((is synonymous with "operator(s)."

     (64))) means a resource protection well contractor or operator and a water well contractor or operator.

     (34) "Well" means water wells, resources protection wells, ((instrumentation wells,)) dewatering wells, and geotechnical soil borings. Well does not mean an excavation made for the purpose of obtaining or prospecting for oil, natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-030, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), § 173-162-030, filed 4/6/88; Order DE 73-10, § 173-162-030, filed 6/29/73.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-162-055   What types of operator licenses are available?   ((Five)) Seven types of drilling licenses are available:

     (1) Water well operator training license.

     (2) Resource protection well operator training license.

     (3) Resource protection well operator license.

     (4) Water well operator license.

     (5) Conditional licenses for water or resource protection well drilling.

     (6) Retirement license for water and/or resource protection well drilling.

     (7) Inactive license for water and/or resource protection well drilling.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-055, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-162-060   How do you qualify for each license?   (1) Training licenses.

     (a) You are qualified to receive either a water or a resource protection training license if you:

     (i) Submit a completed application to the department on forms provided by the department and pay the department a ((twenty-five)) seventy-five dollar application fee; and

     (ii) Have completed at least six hundred hours of drilling experience working under the direct supervision of a licensed operator who has held a Washington state water and/or resource protection well drilling license for at least three years; and

     (iii) Have obtained six continuing education units as approved by the department; and

     (iv) Pass a written examination as provided for in RCW 18.104.080; and

     (v) Pass an on-site examination by the department; and

     (vi) Present a statement by a person or persons licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in RCW 9A.72.085, verifying that:

     (A) The applicant has acquired a minimum of six hundred hours of field experience required under this chapter; and

     (B) The operator has assumed liability for any and all well construction activities of the applicant while the applicant was gaining his/her six hundred hours of field experience. The operator shall not be subject to any penalties or orders that may be issued for wells constructed by the applicant that were not the responsibility of the operator to have direct supervision and control over; and

     (C) A licensed operator, except a trainee, who will sponsor the trainee, has been identified on the signed statement. The licensed operator who will be sponsoring the trainee, shall assume liability for any and all well construction activities of the trainee accomplished under the operator's control during the period of the trainee's license; and

     (vii) In obtaining a statement from a well operator(s) under (a)(vi) of this subsection, an applicant who has gained drilling experience under more than one operator shall submit a statement from each operator. It is not necessary to accumulate all qualifying experience under one operator. Field experience for which a statement of verification and liability cannot be obtained, shall not be used as qualifying experience under this section.

     All statements shall be entered on forms provided by the department.

     (b) Terms and conditions of a training license.

     (i) A person with either a resource protection or a water well training license may construct only those types of wells for which they are licensed without being under the direct supervision of a licensed operator provided:

     (A) A licensed operator is available by radio, telephone, or other means of communication; and

     (B) The licensed operator can reach the drill site within one hour.

     (ii) A trainee shall maintain a daily drilling log identifying all work accomplished that day. The log shall remain in the possession of the trainee at all times and shall be reviewed and initialed daily by the responsible licensed operator. The drilling log shall be available for review by department and county officials whose county has received delegated authority as provided in RCW 18.104.043.

     (iii) The work documented and initialed in the drilling log ((may)) shall be used in your application for a license under the training program completed, licensing category of this chapter.

     (iv) All verifiable work performed by a trainee under the control of a licensed operator may be carried over to subsequent operator(s) who assume liability for the trainee.

     (v) A trainee may apply and qualify for ((only one type ()) both a resource protection ((or)) and a water well drilling(() of)) training license ((at a time)), provided they meet the provisions of WAC 173-162-060 (1)(a) for each license they apply for.

     (2) Water well or resource protection well operator licenses.

     A person shall be qualified to receive either a water or resource protection well operator license if you meet the requirements of one of the following categories:

     (a) New applicant category.

     (((i))) Applicants who have never held a well operator license ((and whose qualifying drilling experience was started after the effective date of this regulation)) qualify if they:

     (((A))) (i) Submit a completed application to the department on forms provided by the department and pay the department a ((twenty-five)) seventy-five dollar application fee; and

     (((B))) (ii) Submit proof that they have acquired five thousand four hundred hours of drilling experience under the direct supervision of a licensed well operator. Experience gained as a licensed trainee may be applied towards the experience requirements of this subsection; and

     (((C))) (iii) Submit proof that they have obtained thirty-two continuing education units; and

     (((D))) (iv) Pass a written examination as provided for in RCW 18.104.080.

     (v) The department shall evaluate and approve all qualifying experience and educational training. If your qualifying drilling experience under (a)(((i)(B))) (ii) of this subsection is from another state, the department may require an on-site examination.

     (((ii) Applicants who have never held a well operator license and who have obtained at least twelve months of qualifying drilling experience before the effective date of this regulation qualify to receive a license if they:

     (A) Submit a complete application to the department; and

     (B) Pay a twenty-five dollar fee; and

     (C) Pass a written exam; and

     (D) Show proof that they have completed a total of twenty-four months of drilling experience under a licensed operator. Your proof must show that you started working towards a drilling license prior to the effective date of this regulation, and that you have been diligently and continuously working towards obtaining a drilling license since you started. Proof shall consist of tax records, pay statements, or other documentation showing that you were under the supervision of a licensed operator.

     (E) The department shall evaluate and approve all qualifying drilling experience. If your drilling experience under (a)(ii)(D) of this subsection is from another state, the department may require an on-site examination.

     (iii) Individuals who have been working towards obtaining a drilling license but have acquired less than twelve months of qualifying drilling experience prior to the effective date of this chapter, may apply their education and experience towards the requirements of a training license.))

     (b) Training program completed category.

     Applicants who have held a valid training license will be qualified to receive an operator license if they:

     (i) Submit a completed application to the department on forms provided by the department and pay the department a ((twenty-five)) seventy-five dollar application fee; and

     (ii) Submit proof that they have worked as a licensed trainee under the provisions of this chapter for at least three thousand six hundred hours; and

     (iii) Have obtained fourteen continuing education units while working under the training program.

     (c) Licensed experience category.

     (i) Applicants who have never held an operator license in Washington state qualify if they:

     (A) Submit a completed application to the department on forms provided by the department and pay the department a ((twenty-five)) seventy-five dollar application fee; and

     (B) Hold a valid well operator license, or equivalent, in another state and can show proof that the license has been held for a period of at least three years. The department shall evaluate and approve all experience acquired by out-of-state licensed operators; and

     (C) Have obtained thirty-two continuing ((educational)) education units as approved by the department; and    

     (D) Pass a written examination as provided for in RCW 18.104.080; and

     (E) Passed an on-site examination by the department. The on-site examination may be waived by the department.

     (F) Proof of licensing under (c)(i)(B) of this subsection shall be submitted with the application for license. Proof of drilling experience may include drilling logs, federal or state tax records; employment records; or other records acceptable to the department.

     (ii) Individuals, other than trainees, whose Washington operator license has been suspended, revoked, expired or whose license status has ((expired)) changed to retired or inactive may apply for a new license. These individuals qualify to receive a license if:

     (A) The terms of the order of suspension or revocation have been met; and

     (B) They submit a completed application to the department on forms provided by the department and pay the department a ((twenty-five)) seventy-five dollar application fee; and

     (C) They have obtained seven continuing ((educational)) education units for each year or portion of a year the license has been revoked, suspended, inactive, retired, or expired; and

     (D) They pass a written examination as provided for in RCW 18.104.080; and

     (E) They pass an on-site examination by the department.

     (F) The written and/or on-site examination(s) under (c)(ii)(D) and (E) of this subsection may be waived by the department.

     (3) Individuals who received an operator license for either water well or resource protection well drilling ((after the effective date of these regulations)) are qualified to receive the other license if they:

     (a) Currently hold a valid well operator license under one of the categories in subsection (2) of this section((. The license must have been issued by the department after the effective date of these regulations)); and

     (b) Submit a completed application to the department on forms provided by the department and pay a ((twenty-five)) seventy-five dollar application fee; and

     (c) Pass a written examination; and

     (d) Pass an on-site examination if their field experience was gained in another state. The department may waive the on-site examination.

     (e) Submit proof of at least six hundred hours of additional well drilling experience for the other type of license you wish to obtain. EXAMPLE - You currently hold a water well operator license that was issued by the department after the effective date of these regulations. You also wish to be licensed to construct resource protection wells. You will qualify to receive the resource protection operator license by making an application, paying the fee, and showing proof of six hundred hours of resource protection well drilling experience, passing a written exam, and passing an on-site exam if your drilling experience was gained in another state. Proof of experience will consist of drilling reports showing you were the operator of record on at least fifteen resource protection wells, or other documentation showing experience approved by the department.

     (4) Conditional license.

     (a) A conditional license may be issued to a former licensed operator for the sole purpose of authorizing the well operator to comply with an order to correct a problem with a well. The terms of the license shall detail the extent and limitations placed on the well operator. This may include limitations of work to be completed on a specific well, license expiration, and any other limitation set by the department.

     (b) A conditional license cannot be issued to a person who has never held an operator license issued under the provisions of this chapter.

     (5) Retirement license.

     (a) A person shall be qualified to receive a retirement license if you meet the following requirements:

     (i) Submit a completed application to the department on forms provided by the department and pay the department a seventy-five dollar application fee; and

     (ii) Hold a current active license for a minimum of ten years; and

     (iii) Have no outstanding enforcement actions.

     (b) The holder of a retirement license may not engage in any licensed activities. The holder of a retirement license may apply for a new license under 173-162-060(2).

     (6) Inactive license.

     (a) A person shall be qualified to receive an inactive license if you meet the following requirements:

     (i) Submit a completed application to the department on forms provided by the department and pay the department a seventy-five dollar application fee; and

     (ii) Show proof of inactive status based on military documents, hospitalization records, out of country drilling or other extraordinary circumstances as determined by the department; and

     (iii) Hold a current active license; and

     (iv) Have no outstanding enforcement actions.

     (b) Extraordinary circumstances do not include failure to notify the department of a change of address; postal service error and domestic disputes (divorce or separation).

     (c) The holder of an inactive license must resubmit an application to extend inactive license status at the end of each two-year period. The holder of an inactive license may not engage in any licensed activities. The holder of an inactive license may apply for a new license under WAC 173-162-060(2).

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-060, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order 88-58), § 173-162-060, filed 4/6/88; Order DE 73-10, § 173-162-060, filed 6/29/73.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-162-070   What application fees are required?   Application fees are ((twenty-five)) seventy-five dollars for each operator or training license.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-070, filed 3/23/98, effective 4/23/98; Order DE 73-10, § 173-162-070, filed 6/29/73.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-162-075   How often do I need to renew my license?   (1) Licenses issued under this chapter, except a training license, shall be renewed every two years.

     (2) A training license shall be valid for a period of two years from the time it was originally issued. A training license cannot be renewed. However, a one-time extension may be granted upon show of good cause by the trainee. The limit of the extension shall be for no longer than twenty-four months ((and)). The trainee will be required to earn seven continuing education units for each year or portion of a year the license is held. The department may waive the continuing education requirement of this subsection. Each request will be evaluated on a case-by-case basis. A ((twenty-five)) seventy-five dollar fee will be charged for the extension.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-075, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-162-080   What are the conditions and cost of renewing a drilling license?   (1) Between the 1993 legislation, Laws of 1997, chapter 387, and the adoption of these regulations implementing the legislation, the well operator licenses issued and renewed by the department met the requirements of the 1993 legislation and may be renewed for either a water well or resource protection well operator license or both as provided in subsection (2) of this section.

     (2) A holder of a valid license may renew the license if they:

     (a) Submit a completed application on forms ((provided)) approved by the department; and

     (b) ((Except as provided in subsection (3) of this section,)) Show proof that they successfully completed fourteen continuing education units during the past twenty-four months of the license term. A minimum of two continuing education units out of the fourteen required units must be about Washington state drilling or licensing regulations; and

     (c) Pay a ((twenty-)) seventy-five dollar renewal fee for each license they wish to renew.

     (3) ((If you currently hold a valid operator license that was issued prior to the effective date of this regulation, you may renew that license and receive a water well operator license and/or a resource protection well operator license without meeting the requirements for continuing education until you apply for license renewal in the year 2000.

     (4))) If you fail to submit a completed application for renewal, the license shall expire at the end of its effective term. A complete application includes the submission of the renewal fee and proof of completion of the required continuing education.

     (((5))) (4) If your license has expired, you will have thirty days in which to renew it. The thirty-day extension period is to be used only to submit a late application and fee. It is not to be used to gain continuing education units. You must not engage in any licensed activities during this time. If you fail to submit your renewal application, fee, and proof of continuing education after the extension period has expired, you must apply for a new license as provided in this chapter.

     (((6))) (5) The department may refuse to renew a license if the license is currently suspended or revoked, or the licensee has not complied with an order issued by the department or has not paid a penalty imposed under RCW 18.104.155, unless the order or penalty is under appeal.

     (((7))) (6) Operators shall not construct or decommission a well after their license has expired.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-080, filed 3/23/98, effective 4/23/98; Order DE 73-10, § 173-162-080, filed 6/29/73.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-162-085   Continuing education.   Ecology, with the assistance of the technical advisory group created in RCW 18.104.190, shall develop and administer a program for continuing education for the purpose of ensuring continued professional growth and competency of licensed operators.

     (((1) What is continuing education?

     Continuing education is your opportunity to gain additional knowledge into subjects that directly relate to the drilling profession. It is designed to enhance your drilling skills, keep you informed on technological advances, and keep you informed on current state and local regulations. The ultimate goal is to ensure the highest quality of professional drilling. Continuing education is required of every person applying for an operator license and for every driller renewing an operator license.

     (2) How do I obtain the required continuing education credit?

     (a) Continuing education may be obtained from a number of sources. The department as well as other state and local agencies may provide continuing education classes. Additionally, private organizations or individuals may also present approved classes for credit.

     (b) The primary ways to receive credits will be:

     (i) Attend and/or successfully complete classes, courses, workshops, or seminars that have been preapproved for credit; and/or

     (ii) Have the class, course, workshop, or seminar you plan on attending or have attended evaluated by the technical advisory group and approved by the department for credit; and/or

     (iii) Completion of correspondence courses will be considered and evaluated on a case-by-case basis.

     (3) How will credit be assigned?

     (a) The technical advisory group shall evaluate all courses, classes, workshops, or seminars and recommend assignment of continuing education credits. Their evaluation shall be reviewed by the department for approval.

     (b) The following criteria shall be utilized to evaluate and assign credit:

     (i) Course agenda and how well the subject relates to the business, technical, and/or regulatory aspects of well drilling and to the knowledge, skills, and abilities required in the well drilling profession.

     (ii) Subject(s) difficulty.

     (iii) Instructor qualifications.

     (iv) Student course evaluations may be utilized to assign credit to courses.

     (c) Course sponsors may have their courses preapproved by submitting a request to the department on forms provided by the department.

     (d) Individuals planning on attending or who have attended classes, courses, workshops, or seminars that were not preapproved for credit must request a course evaluation and credit approval through the department on forms provided by the department.

     (e) All courses, classes, workshops, or seminars must be open to anyone who wants to attend. This does not preclude a provider from imposing reasonable requirements for attendees such as fees and providing their own safety equipment.

     (4) What types of general topics, workshops or seminars will be accepted?

     (a) General subject areas include: Occupational health and safety; business and office skills; interpersonal skills; technical aspects associated with drilling; and other subject areas approved by the department.

     (b) Workshops, seminars, classes, or courses conducted by professional associations, governmental agencies, private businesses, and individuals, may be accepted, provided the subject(s) meets the provisions of this chapter.

     (5) How do I get credit for participating in a continuing education program?

     (a) A person is qualified to receive continuing education credit upon showing proof of attendance at an approved class, course, workshop, or seminar.

     (b) Proof includes: Certificates of completion; transcripts; attendance rosters; diplomas; or other documents approved by the department.

     (6) General information on continuing education:

     (a) Credits received during a renewal period that are in excess of the requirements cannot be used for any succeeding years. EXAMPLE: A driller earning 20 continuing educational credits during their two-year renewal period cannot apply the six credits towards a future renewal.

     (b) Credits shall not be assigned to courses, workshops, classes, or seminars attended prior to July 1, 1993.

     (c) It is the operator's/trainee's responsibility to track and maintain records of their continuing education credits.

     (d) Continuing education units will not be required to renew an operator license prior to January 1, 2000.

     (e) A person licensed for both water well and a resource protection well construction need only obtain fourteen continuing educational units per renewal period.

     (f) A person applying to receive both a water well and resource protection well operator license need only meet the continuing education unit requirements for one license.)) (1) What is continuing education? Continuing education is your opportunity to gain additional knowledge into subjects that directly relate to the well drilling profession. It is designed to enhance your knowledge, drilling skills, and keep you informed on technological advances, as well as keeping you informed on current state and local regulations. The ultimate goal is to ensure the highest quality of professionalism in the well drilling industry. Continuing education is required of every person applying for an operator's license and for every licensed operator renewing their license. Continuing education units (CEUs) are earned by attending continuing education programs. Continuing education programs consist of approved training, classes, courses, workshops, offerings, correspondence instructions, or other means of providing instruction.

     (2) How do I obtain required continuing education units?

     (a) Except as provided for in this chapter, continuing education units will only be obtained from an approved continuing education provider (a continuing education provider is: Any person, organization, school or other entity involved in education and have received approval from the department for their continuing education plan and curriculum).

     (b) The department shall maintain a current list of all continuing education providers and programs. This list will be available on the department's web page and/or by request.

     (c) In order to receive continuing education units you must successfully complete continuing education programs. You must be present throughout the entire instructional period in order to be eligible to receive full credit.

     (3) How do I become an approved continuing education provider? Persons, organizations, schools, and other entities that provide training and education must submit a continuing education plan to the department for approval. Upon approval of the plan, the requestor becomes an approved continuing education provider. The department may waive the requirement to have a continuing education plan for colleges, universities, or other entities that have an accreditation requirement of their own.

     (a) What are the required elements of a continuing education plan? A continuing education plan must contain the following required elements:

     (i) Contact information. Name of the person, organizations, schools, and other entities applying to become an approved continuing education provider. Their mailing address, telephone number(s), and e-mail address. Names of a contact person(s), their mailing address, telephone number(s), and e-mail address.

     (ii) Statement of qualifications. A statement of qualifications consists of a summary of the provider's experience in providing education programs; references; and lists of any licenses they hold and/or membership in any professional organizations.

     (iii) Statement of resources. A statement of resources shall identify the location(s) of the continuing education program and the number of individuals required to put on the program.

     (iv) Statement of organization. A statement of organization consists of a summary of how the courses will be advertised; number and frequency of classes offered during the year; a description of the method to be used to evaluate courses; a description of how attendance will be verified and reported to the department; a description of the type of proof of completion to be awarded to each student; and a cancellation policy.

     (v) Statement of accountability. The statement of accountability shall justify the cost of the class and include a statement assuring delivery of courses by the provider.

     (b) As provided for in this chapter, the department in consultation with the technical advisory group created in RCW 18.104.190 may waive the requirement for a provider to have a continuing education plan consistent with the goals of this WAC.

     (4) How do I get credit for participating in a continuing education program and report units to the department?

     (a) A person is qualified to receive continuing education units after the program has been evaluated and upon showing proof of attendance and completion of an approved continuing education program. Each continuing education provider is required to provide their students with documentation, approved by the department, showing successful completion of the program.

     (b) All operators/trainees must report their continuing education units to the department prior to their license renewal date.

     (c) The department will keep a record of the licensees' continuing education units as they are submitted. You may access your record through the department's web site or request a copy of your record.

     (d) It is the individual's responsibility to track and maintain records of their continuing education units.

     (5) General information on continuing education:

     (a) Continuing education units received during a renewal period that are in excess of the requirements cannot be used for any succeeding years.

     Example: A driller earning twenty continuing education units during their two-year renewal period cannot apply the six extra units towards any future renewal.

     (b) New applicants may have continuing education units assigned for courses, workshops, classes, or seminars attended no more than five years prior to their application date.

     (c) An individual licensed for both water well and resource protection well construction need only obtain fourteen continuing education units per renewal period.

     (d) An individual applying for a new license for both a water well and resource protection well operator's license need only meet the continuing education unit requirements for one license.

     (e) For new applicants or currently licensed individuals, two continuing education units must cover Washington state department of ecology laws and regulations provided by the department or their designee. This section will take effect one year from the effective date of this rule.

     (6) What topics will be approved for continuing education programs? General topics include: Occupational health and safety; business and office skills; interpersonal skills; technical aspects associated with well design, construction, development, maintenance, and testing; geology and ground water sciences, safety, welding, HAZMAT training, first aid; and other topics relating directly to well construction and the ground water industry as approved by the department. The department may also request approved continuing education providers to cover certain topics in their continuing education plan based on trends or observations from department compliance officers.

     (7) How will continuing education units be assigned?

     (a) The following criteria shall be utilized when evaluating programs and assigning continuing education units.

     (i) The subjects' relevance to the business, technical, and/or regulatory aspects of well drilling;

     (ii) How well the subject will enhance the knowledge, skills, and abilities required in the well drilling profession;

     (iii) Length of program; and

     (iv) Final group selection.

     The program syllabus must be reviewed in order to address these criteria.

     (b) A program syllabus shall contain the following:

     (i) Course title.

     (ii) Instructor name(s).

     (iii) Instructor qualifications.

     (iv) Course length.

     (v) Course outline, detailing specific subject material to be taught and testing schedule.

     (vi) A statement regarding how the course pertains to the business, technical, regulatory, and safety aspects of well construction.

     (vii) A statement regarding the goals and objectives of each class.

     (viii) A statement that the class will be open to all who desire to attend.

     (ix) Admission cost.

     (x) A description of textbooks, supplemental readings, or materials such as safety equipment, calculators, or other items the attendee will need to provide.

     (xi) The date and time of the course and driving directions.

     (c) Based on the syllabus review, each continuing education program will be categorized into one of seven groups:

     (i) Group one - Subjects that directly relate to the business, technical, regulatory, and safety aspects of well construction; and subjects that enhance ground water protection and increased professionalism within the drilling community.

     (A) Washington well construction and licensing statutes and regulations.

     (B) Construction methodology, well design, development, maintenance, and testing.

     (C) Protection of the ground water resource.

     (D) Hydrogeology and ground water science.

     (E) Equipment operation and maintenance.

     (F) Computer skills.

     (G) Welding.

     (H) Business management and office skills.

     (I) Interpersonal skills.

     (J) Occupational health and safety.

     (K) Map reading skills.

     (L) Local and state health regulations.

     (M) DOT regulations.

     (ii) Group two - Subjects that will improve the industries' knowledge and understanding of subjects related to ground water.

     (iii) Group three - Subjects not covered under group one or two, but benefit the driller in their professional development.

     (A) Vendor specific product/sales courses.

     (B) Pumps.

     (iv) Group four - Miscellaneous courses.

     (A) College courses.

     (B) Correspondence courses.

     (C) Trade school courses that do not fall into another group.

     (v) Group five - Attending conventions (trade show).

     (A) Washington Ground Water Association.

     (B) National Ground Water Association.

     (C) Pacific Northwest Expo.

     (D) Other state recognized conventions.

     (vi) Group six - Preapproved classes.

     (A) OSHA HAZWOPPER 40 hour basic course - 20 credits.

     (B) OSHA HAZWOPPER 8 hour refresher - 4 credits.

     (C) Red Cross 8 hour first aid/CPR - 4 credits.

     (D) Others as approved by the department.

     (vii) Group seven - Programs for which no credits are assigned.

     (d) A program will be assigned continuing education unit(s) based on the group that best describes the training session and the published length of the training session.

     The following is a unit value for each group:

     Group one - One unit per hour.

     Group two - One-half unit per hour.

     Group three - One-quarter unit per hour.

     Group four - Unit value equal to the education credit, not to exceed four continuing education units per license renewal period or trainee applicant. No more than eight for all other applicants.

     Group five - One unit per convention.

     Group six - As listed.

     Group seven - No unit value.

     (e) Operators/trainees who have attended continuing education programs that were not previously approved may receive continuing education units by providing an application to become a provider and class syllabus form to the department.

     (f) Individuals may receive continuing education units for preparing and presenting classes as follows:

     (i) No continuing education units will be assigned for class preparation/presentation to nondrilling audiences.

     (ii) One continuing education unit per hour of presentation and one CEU per hour of preparation time. Continuing education units allowed for preparation time are limited to no more than twice the time it took to present the course. Example - one hour class, no more than two hours preparation time allowed. Total three CEUs.

     (g) All continuing education programs must be open to anyone who wants to attend. This requirement does not preclude a provider from imposing reasonable requirements for attendees such as, but not limited to, fees, space limitations and providing their own safety equipment.

     (8) What is the department's role in providing continuing education?

     (a) The department shall approve all continuing education programs and assign continuing education units required by this chapter. The technical advisory group shall assist the department in their evaluation by reviewing continuing education programs and recommending assignment of continuing education units on classes referred to them by the department.

     (b) The department will provide technical support including those meeting the requirements in subsection (5)(e) of this section, in the form of speakers and materials for use in continuing education programs to approved continuing education providers upon request and at their sole discretion.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-085, filed 3/23/98, effective 4/23/98.]


AMENDATORY SECTION(Amending Order 97-08, filed 3/23/98, effective 4/23/98)

WAC 173-162-095   What should I know about the written and on-site examinations?   The written and on-site examinations for licenses issued under this chapter are prepared, administered, and evaluated by the department.

     (1) What subjects will the written exam cover? The examinations are prepared to test the knowledge and understanding of the following subjects:

     (a) Washington state ground water laws as they relate to constructing and decommissioning wells;

     (b) Sanitary standards for constructing wells;

     (c) Types of well construction and decommissioning;

     (d) Drilling techniques, tools and equipment;

     (e) Geology (including soil and rock description) as it relates to well construction;

     (f) Rules and regulations of the department relating to constructing a well, test pumping, and equipment maintenance;

     (g) Preparation of intent forms, well reports, and requests for variances;

     (h) Township and range location system as it relates to location of wells;

     (i) Basic ground water hydraulics as it relates to well construction and protection of the resource; and

     (j) Rules and regulations of the Washington state department of health relating to source approval and source protection of public drinking water systems.

     (2) What subjects will the on-site test cover?

     The on-site examination shall test the applicant's field skills and knowledge in the following areas:

     (a) Safety.

     (b) General knowledge of equipment operation.

     (c) Equipment maintenance.

     (d) Drilling knowledge.

     (e) Well development.

     (f) Implementation of the construction standards under chapter 173-160 WAC.

     (3) When and where are the written examinations given?

     (a) Examinations will be held at such a time and place as may be determined by the department, but not later than thirty days after the department accepts the completed application package consisting of:

     (i) A completed application form with appropriate fee; and

     (ii) Proof of required continuing education; and

     (iii) Proof of required drilling experience.

     (b) Upon receipt of a completed application package, the department shall notify you of the date, time and place of the next scheduled written examination. You shall notify the department at least twenty-four hours prior to your scheduled exam date if you cannot meet the examination schedule. Your notice shall include the reason(s) why you cannot meet the schedule. If you fail to notify the department, or fail to reschedule your exam within thirty days of your initial exam date, you will forfeit your application and fee. You must submit a new application and fee in accordance with WAC 173-162-060 if you wish to take the exam.

     (c) If your application package is received after an examination has been scheduled and there is either insufficient time for the department to notify you of the time and place of the examination or you are unable to take the examination at the scheduled time, the thirty-day period will start from the scheduled examination date.

     (4) When and where are the on-site examinations given?

     (a) You must pass the written exam before you can take the on-site exam.

     (b) If you are required to take an on-site examination you will receive an authorization form along with the confirmation of your written test results.

     (c) ((Following the receipt of your test results, you will be responsible to select an authorized on-site advisor. The advisor will assist you and the department with coordinating the on-site examination. A list of the on-site advisors will be included with your test results.

     (d))) You((, the advisor,)) and the department will schedule a mutually agreed upon time and place for the on-site exam. RCW 18.104.080 requires that examinations be held within thirty days after a completed application is filed with the department. ((If this is not practical, you must notify the department and request an extension to the testing schedule. Your request shall include:

     (i) The reason(s) why you cannot meet the schedule.

     (ii) Acceptable reasons for rescheduling exams may include: Weather; availability of advisors or department staff; or health problems.

     (e) Failure to complete the on-site exam within ninety days may result in having to reapply and reschedule another on-site exam.

     (f))) (d) You ((and the on-site advisor will)) shall arrange for all the equipment, materials, and location for the on-site examination.

     (((g))) (e) The department must be present during the on-site examination.

     (5) When will I be notified of the results of my written and on-site examination?

     The department shall notify you of your test results within ten days after each examination.

     (6) If I fail an exam, may I take a retest?

     (a) If you fail the written or on-site exam, you shall not be entitled to take the examination, or any parts of the examination for a period of thirty days from the date of your original examination.

     (b) If you failed to pass the written exam, you are considered a new applicant in all respects.

     (c) If you fail the on-site exam, you will be required to arrange a retest after a thirty-day waiting period. You will not be required to retake the written exam.

[Statutory Authority: Chapter 18.104 RCW and RCW 43.21A.080. 98-08-031 (Order 97-08), § 173-162-095, filed 3/23/98, effective 4/23/98.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 173-162-140 What are the requirements to become an on-site testing advisor?

© Washington State Code Reviser's Office