11 Miss. Code. R. 7-1.1 - Definitions

The words and phrases used in this regulation shall have the meanings set forth in this section.

A. Annular Space- the space between the borehole wall and the well casing or screen, or the space between a casing pipe and a liner pipe or between two strings of casing.

B. Applicant- any person who submits an application to obtain a permit to divert, store, or withdraw waters of the state.

C. Aquifer- a geologic formation, hydraulically connected group of formations, or part of a formation that can yield water to a well or spring

(1) Confined Aquifer (Commonly referred to as artesian aquifers) a permeable geologic layer or zone saturated with groundwater isolated from the atmosphere by impermeable confining layers. The groundwater in confined aquifers is subjected to pressures higher than atmospheric pressure so that water in a well penetrating the aquifer will rise to some level above the actual top of the aquifer.

(2) Unconfined Aquifer (Commonly referred to as water table aquifers) a permeable geologic layer or zone saturated with groundwater at atmospheric pressure. These aquifers are generally not overlain by impermeable confining layers and may be vulnerable to contamination from surface activities or events that discharge pollutants on the ground.

D. Artesian- groundwater under sufficient hydrostatic pressure to rise above the aquifer containing it.

E. Beneficial use- the application of water, excluding waste of water, to a purpose that produces economic or other tangible or intangible benefits to the state and its citizens. Such uses include, but are not limited to, diversions or withdrawals for public, industrial, or agricultural use.

F. Commission- the Mississippi Commission on Environmental Quality, or its designee.

G. Conjunctive use- the use of two (2) or more sources of water to provide the total supply of water needed for a proposed use.

H. Days- calendar days, unless specifically indicated otherwise in the body of this regulation.

I. Decommissioning- the complete and permanent sealing of a well bore to prevent contamination of the aquifer.

J. Diversion- the act of bringing surface water under control by means of a well, pump, dam or other man-made device for delivery and distribution for a proposed beneficial use.

K. Domestic use- the use of water for ordinary household purposes, the watering of noncommercial farm livestock, poultry, and domestic animals, and the irrigation of home gardens and lawns.

L. Established minimum flow- "Established minimum flow" means the minimum flow for a given stream at a given point thereon as determined and established by the commission when reasonably required for the purposes of this chapter. "Minimum flow" is the average streamflow rate over seven (7) consecutive days that may be expected to be reached as an annual minimum no more frequently than one (1) year in ten (10) years (7Q10), or any other streamflow rate that the commission may determine and establish using generally accepted scientific methodologies considering biological, hydrological and hydraulic factors.

M. Established average minimum lake level- "Established average minimum lake levels" means the average minimum lake levels for a given lake as determined and established by the commission when reasonably required for the purposes of this regulation. The "average minimum lake level" is that level which shall not be expected to be reached as an average annual minimum no more frequently than one (1) year in ten (10) years, or such other minimum lake level that the commission may determine and establish using generally accepted scientific methodologies considering biological, hydrological and hydraulic factors.

N. Filter pack- smooth, uniform, clean sand or gravel placed in the annular space between the borehole wall and well screen to prevent sediments from entering the screen.

O. Fresh water- water having a Total Dissolved Solids (TDS) concentration of less than 1,000 parts per million (ppm).

P. Geotechnical boring- a hole constructed for the purpose of sampling, measuring, or testing for scientific, engineering, geological or regulatory purposes.

Q. Groundwater- water occurring beneath the surface of the ground.

R. Grout- a fluid mixture of cement and water, with additives such as sand, bentonite, or hydrated lime, or a mixture of bentonite and water, capable of producing a water-tight seal, that can be forced through a pipe or placed in an annular space, as required for sealing a well or an annular space to protect against intrusion of contamination.

S. Halliburton Method- a method of grouting casing whereby slurry is forced down and out the bottom of the casing into the annular space between the borehole wall and the casing. The grouting is continued until slurry returns are obtained at the ground surface.

T. Impoundment- a man-made dammed, leveed, or diked area designed to store liquids above water levels that would occur under natural conditions.

U. Landowner- the person, or persons, holding legal title to the surface of the land upon which a withdrawal or diversion of water is located.

V. MDEQ- the Mississippi Department of Environmental Quality

W. Mining of an Aquifer- the withdrawal of groundwater from hydrologically connected water-bearing formations at rates determined by the Commission to jeopardize the longterm viability of the aquifer as a source of water for existing and projected beneficial beneficial uses.

X. Municipal use- the use of water by a municipal government and the inhabitants thereof, primarily to promote the life, safety, health, comfort and business pursuits of the inhabitants. It does not include the irrigation of crops within the corporate boundaries.

Y. OLWR- the Office of Land and Water Resources of MDEQ.

Z. Permitted use and "Permittee"

(1) The use of a specific amount of water at a specific time and at a specific place, authorized and allotted by the board for a designated beneficial purpose within the specific limits as to quantity, time, place and rate of diversion and withdrawal; or

(2) The right to the use of water as specified in the permit, subj ect to the provisions of Mississippi Code Annotated Section 51-3-5, including the construction of waterworks or other related facilities.

(3) "Permittee" means the person who obtains a permit from the board authorizing him to take possession by diversion or otherwise and to use and apply an allotted quantity of water for a designated beneficial use and who makes actual use of the water for such purpose, or his successor.

AA. Person- the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and including any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof

BB. Plugging- see 'Decommissioning'.

CC. Potable Water- water that is suitable for human consumption and meets all primary drinking water standards (Maximum Contaminant Levels) set by the United States Environmental Protection Agency (EPA).

DD. Potential Sources of Contamination - sites or facilities that use, store, and/or dispose of substances (on site) that, due to their quantity, toxicity, and/or mobility, could impact the water quality of aquifers used for potable water supply. Examples of such sources include, but are not limited to, failing or inadequate individual sewage treatment and disposal systems, tanks used for bulk storage of petroleum products, Class V injection wells, container and drum storage sites, etc.

EE. Preliminary Assessment Report - a pre-construction assessment of the susceptibility of a public water system well or surface water intake to becoming contaminated by potential sources of contamination within a delineated protection area.

FF. Protection Areaan area delineated around a public water system wellhead that defines the groundwater capture zone of the well, or an area of concern delineated for a public surface water system intake. It corresponds to the area where efforts should be focused to identify potential sources of contamination that could impact the quality of the groundwater or surface water supply.

GG. Public Water System -a system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other conveyances if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year. Note: This duplicates a Mississippi State Department of Health definition. It is included in this regulation to serve as a reminder that wells exempted from regulation by MDEQ because the surface casing diameter is less than six (6) inches, may still be regulated by the Mississippi State Department of Health if they are part of a Public Water System.

HH. Riparian- pertaining to the bank of a natural watercourse or lake.

II. Surface casing- that string of casing in any water well having the greatest outside diameter, regardless of whether the top of the casing is at or below ground level.

JJ. Surface water- water occurring on the surface of the ground

KK. Transmissive unit- a saturated permeable geologic unit that can transmit significant quantities of water under ordinary hydraulic gradients.

LL. Tremie pipe a device, usually a small-diameter pipe, that carries grout or other material to the bottom of a borehole or casing and that allows pressure grouting from the bottom up without introduction of air pockets.

MM. Watercourse any natural lake, river, creek, cut, or other natural body of fresh water or channel having definite banks and bed with visible evidence of the flow or occurrence of water, except such lakes without outlet to which only one (1) landowner is riparian.

NN. Water table or unconfined aquifer- the upper limit of the portion of the ground wholly saturated with water at atmospheric pressure.

OO. Waters of the state- all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, and all other bodies or accumulations of water, surface and underground, natural or artificial, situated wholly or partly within or bordering the state; except lakes, ponds or other surface waters which are wholly landlocked and privately owned, and which are not regulated as waters of the United States under Section 404 of the Clean Water Act.

PP. Well or "water well"- a hole that is drilled, driven, bored, excavated, or otherwise penetrated into the ground to access, evaluate and/or withdraw ground water. For purposes of this regulation, this definition does not pertain to wells constructed for the purpose of disposal of fluids or other materials.

(1) Abandoned Well- a well that has not been used within the preceding twelve month period, or one that has had the pump disconnected and/or removed for reasons other than maintenance, repair, or replacement.

(2) Dewatering Well- a well used for temporary removal of surface water or groundwater to facilitate construction or mining operations, or for permanent protection of a structure or activity from the effects of surface water or groundwater.

(3) Monitoring Well- a well used to obtain data on the quality of water in an aquifer system or at specified depths and locations related to a potential source of pollutant.

(4) Observation Well- a well used primarily for measuring the water level in an aquifer.

(5) Recovery Well- a well constructed for the purpose of recovering undesirable groundwater for treatment or removal of contaminants.

(6) Relief Well- a well constructed to provide pressure relief from an artesian aquifer or from excessive head differentials in water table aquifers.

(7) Replacement Well- a well drilled to replace an existing well that has become unusable, provided the new well meets the requirements set forth in these regulations.

(8) Standby Well- a well that can be placed in operation to withdraw water but is only used when water is temporarily unavailable from the primary source or sources because of mechanical failure, maintenance, or power failure.

(9) Test Well- a well drilled to explore for groundwater for a water supply well.

(10) Underground Discharge Well -- a well in which the casing terminates at a discharge head located below the frost line.

QQ. Well Completion- term used collectively to refer to both the drilling and developing phases of well construction. For the purpose of reporting requirements established in this regulation, a distinction is made between completion of drilling and completion of well development:

(1) Completion of drilling- the date that drilling is completed and the drill rig is no longer required at the site.

(2) Completion of well development- the date that the well is fully functional and ready to provide water for its designated beneficial use, including having met any applicable water testing requirements.

RR. Withdrawal- the act of bringing groundwater under control by means of a well, pump, or other man-made device for delivery and distribution for a proposed beneficial use.

Notes

11 Miss. Code. R. 7-1.1

Miss. Code. Ann. §§ 51-3-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.