(A) In accordance with division (E) of
section
6111.42 of the Revised Code,
this chapter shall apply
applies to the drilling, operation, maintenance and
abandonment of a
well or
monitoring well to prevent the contamination of the
ground water, except that these rules shall not apply to a
private water system
well as defined in Chapter 3701-28 of the Administrative Code. Unless otherwise
noted,
this chapter shall apply
applies to the drilling, operation, maintenance and
abandonment of a
nonpotable well as defined in rule
3745-9-01 of the Administrative
Code.
(B) No provision of this
chapter shall be construed so as to exempt any person from compliance with any
section of the Revised Code, or any other rule of the Administrative Code,
including the department of natural resources and the department of health, or
any local ordinance or regulation.
(C) No person shall provide water from a
public water system well to the public following construction or alteration
until plans therefor have been approved by the director in accordance with
section 6109.07 of the Revised Code and
Chapter 3745-91 of the Administrative Code.
(D)
After April 1,
2016, only
Only private contractors
holding a valid registration with the Ohio department of health, in accordance
with Chapter 3701-28 of the Administrative Code, may do or oversee any of the
following except as noted in paragraph (E) of this rule:
(1) Drill, construct, alter, repair or seal a
public water system well.
(2)
Install a pitless adapter or pitless unit into the casing of a public water
system well.
(E)
After April 1, 2016, a
A community water system that is owned or operated by,
or serves a
public entity, may perform repairs on wells owned and operated by
the public water system. Any contractor hired by a
public entity must meet the
requirements of paragraph (D) of this rule.
(F) The director shall not issue a plan
approval for a well serving a public water system, or alteration of such a
well, in accordance with Chapter 3745-91 of the Administrative Code, that does
not conform to the requirements of this chapter, or which will cause or
contribute to contamination of the well or ground water.
(G) The director may grant a variance of
this
chapter. A public water system requesting a variance shall submit a variance
application as part of the
process for approval of the
well site or well.
application for plan
approval. The variance application shall be reviewed as part of the
well site or well
plan approval in accordance with Chapter
3745-9 and Chapter 3745-91 of the Administrative
Code. The public water system shall include in the variance application a
detailed explanation of the requested variance and a sufficient demonstration
of at least the following information:
(1)
Contamination of the ground water will not occur as a result of construction
and operation of the well.
(2) The
public health and welfare will not be endangered from contaminants because of
unsatisfactory location, protection, construction, operation or maintenance of
the well, subject to requirements of the Safe Drinking Water Act (or
SDWA).
(H) Unless a
well
is otherwise required to comply with paragraph
(A)(16)(b)
(A)(17)(b)
of rule
3745-9-05 of the Administrative
Code, a public water system shall comply with the rules in effect at the date
of plan approval issued in accordance with Chapter 3745-91 of the
Administrative Code, or the date of installation if no plan was approved,
except for the following:
(1) For a well
installed prior to May 1, 2003, the casing shall terminate at least eight
inches above finished grade and be equipped with a well cap, and the vent shall
terminate at least three feet above the one hundred year floodplain elevation
and be protected from damage.
(2)
The director may require a plan approval for an
alteration or other
modification
to ensure compliance
that is not inconsistent with
this chapter,
and chemical and microbiological monitoring, for a public water system that had
been a
private water system well that was constructed in accordance with
Chapter 3701-28 of the Administrative Code.
(3) Any submersible
well pump with a mercury
seal in a
public water system well shall be replaced, or modified to eliminate
mercury seals, within thirty days of discovery; any submersible pump installed
after May 1, 2003 shall not contain a mercury
seal in accordance with paragraph
(A)(14)(c) of rule
3745-9-05 of the Administrative
Code.
(4) If a public water system
well has a submersible pump with a mercury seal, the director may require
sampling and analysis for mercury in the well and water system to ascertain if
mercury has contaminated the ground water or water system.
(5)
After January 1,
2024, the well cap for public water system wells shall conform with "Water
System Council Pitless Adapter Standard PAS-97" or with an alternative standard
acceptable to the director except for circumstances where an alternative well
cap is required based on the well construction or based on well completion in
aquifers with hydrostatic heads greater than the land surface elevation.
[Comment: SDWA means the "Safe
Drinking Water Act," 88 Stat. 1660 (1974), Title 42 U.S.C. 300(f), as amended
by the "Safe Drinking Water Act Amendments of 1977," 91 Stat. 1393, 42 U.S.C.
300(f), the "Safe Drinking Water Act Amendments of 1986," 100 Stat. 642, 42
U.S.C. 300(f), and the "Safe Drinking Water Act Amendments of 1996," 110 Stat.
1613, 42 U.S.C. 300(f), and regulations adopted under those acts. Copies of
these codes may be obtained from the "U.S. Government Bookstore" toll-free at
(866) 512-1800 or https://www.gpo.gov/fdsys, or from "Ohio EPA, Lazarus
Government Center, 50 West Town Street, Suite 700, Columbus, OH, 43215," (614)
644-2752. The code is available for review at "Ohio EPA, Lazarus Government
Center, 50 West Town Street 700, Columbus, OH, 43215."]
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, test methods, federal rules, and federal statutory provisions
referenced in this rule, see paragraph (AA) of rule
3745-9-01 of the Administrative
Code titled "Incorporation by reference."]
