11 Miss. Code. R. 7-2.1 - Definitions

The words and phrases used in this regulation, shall have the following meanings:

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 water well contractors license.

C. Approved Education Provider- An organization that offers many educational courses for continuing education and has demonstrated, to the satisfaction of the Department, its qualifications to offer quality continuing education to water well contractors. Approved education providers are not required to submit every course they offer for Department approval.

D. 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 ground water 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.

E. Artesian - Groundwater under sufficient hydrostatic pressure to rise above the aquifer containing it.

F. 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.

G. Board or Permit Board- The Mississippi Environmental Quality Permit Board.

H. Certificate of Insurance- Proof of coverage under Contractors Liability Insurance.

I. Commission- The Mississippi Commission on Environmental Quality, or its designee.

J. Committee- The Water Well Drillers Advisory Committee.

K. Continuing Education Course- A course which has been approved by the Department as meeting the requirements of the regulations for continuing education. Only courses approved by the Department are considered applicable to meeting continuing education requirements, unless the course is presented by an approved education provider.

L. Days - Calendar days, unless specifically indicated otherwise in the body of this regulation.

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

N. Department or MDEQ- The Mississippi Department of Environmental Quality.

O. Dewatering- The temporary lowering of the groundwater level to facilitate installation of underground utilities, construction of foundations, and various other purposes.

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

Q. 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.

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

S. Geotechnical Boring - A hole constructed for the purpose of sampling, measuring, or testing the strata encountered for scientific, engineering, geological or regulatory purposes.

T. Groundwater - Water occurring beneath the surface of the ground.

U. Grout - A fluid mixture of neat 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.

V. Halliburton Method - A method of grouting casing in which the slurry is forced down the casing and into the annular space until slurry returns are obtained at the ground surface.

W. Inactive Status- The status assigned to a license by the Commission to indicate that the licensee may not practice well drilling and/or pump installation until the licensee has met the requirements of this regulation regarding renewal or reinstatement of the license.

X. Incompetency- An action or inaction by a licensee which demonstrates a general lack of knowledge or ability to practice water well drilling and/or pump installation.

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

Z. Licensee- Any individual who holds a valid Water Well Contractors License issued by the state, or any company or corporation engaged in the business of water well contracting under a license duly issued to a designated principal, or key employee, in the company or corporation. Licenses will only be issued to individuals, and a company will be deemed to be licensed only if it has a principal or key employee who is licensed.

(1) Restricted Licensee- An individual holding a specialty drillers or pump installers license who is restricted to performance of only such activities as may be specified in the conditions of the license. Typically, restrictions will be placed on the licenses of individuals who:

(a) only engage in specialized well or borehole construction such as drilling geotechnical boreholes, constructing environmental monitoring wells, or constructing geo-thermal systems; or

(b) only engage in limited aspects of the water well construction business such as pump and well equipment installation and service.

(2) Unrestricted Licensee- An individual holding a Water Well Contractors License who is thereby authorized to engage, to the full extent allowed by this regulation, in the business of constructing, maintaining, and repairing water wells; installing and servicing pumps and related water well equipment; drilling special purpose boreholes; constructing monitoring wells; or any other work involving drilling, grouting, plugging, abandoning, or decommissioning water wells and boreholes. Companies, corporations, or other business entities, that are not individuals, will be deemed to have met the licensing requirement if a principal in the firm, or other key employee authorized to act for the firm, holds an unrestricted water well contractors license.

AA. Misconduct- A willful or intentional action or inaction by a licensee that is contrary to the standard or accepted practice of the industry that would be applied by competent professionals, under the same circumstances.

BB. Municipal use - The use of water by a municipal government to promote the life, safety, health, comfort, and business pursuits of its people. The term does not include irrigation of crops that may be planted within the corporate boundaries.

CC. Office or OLWR- the Office of Land and Water Resources of MDEQ.

DD. Permitted use -

(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 use within specific limits as to quantity, time, place, and rate of diversion or 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.

EE. 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

FF. Plugging See "Decommissioning".

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

HH. 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.

II. Public Water System -A system that provides potable water to the public 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 (25) 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.

JJ. Pump Installation - The installation of pumps or pumping equipment for water wells, including the removal and re-installation of pumps or pumping equipment for service, repairs, or replacement.

KK. Pumps or Pumping Equipment - Any equipment or materials utilized or intended for use in withdrawing or obtaining water from water wells or surface water diversion points.

LL. Repair of Water Wells - Work on any water well involving re-drilling, deepening, changing casing and screen depths, re-screening, cleaning by use of chemicals, and redevelopment; or removing and re-installing pumps, pumping equipment, or any related equipment intended to draw water from the well.

MM. State Well Report - A report documenting information related to the drilling of a well or borehole and the development and completion of a water well together with any other data or information required by MDEQ, reported on forms provided by the MDEQ.

NN. Surface casing - That string of casing in any water well having the greatest outside diameter, regardless of whether it is located at or below ground level.

OO. Suspended Status - The status assigned to a license by the Commission to indicate that the licensee has willfully violated provisions of State law or of this regulation so as to endanger himself, others, the environment, and/or the public health.

PP. Test Boring and Coring - the removal and collection of soil samples from the earth by means of augers, core-barrels, spoons, wash casing and bailers for the purpose of obtaining geologic and hydrologic information.

QQ. 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.

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

(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 top of the casing terminates at a discharge head located below the frostline.

SS. 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.

Notes

11 Miss. Code. R. 7-2.1

Miss. Code Ann. §§ 51-3-1, et seq., 51-5-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.