The purpose of this regulation is
to provide for the protection of the public health, safety, welfare
and the environment by, among other things, requiring the proper siting,
construction and testing of private wells.
These regulations are adopted by
the Westminster Board of Health, pursuant to its authority under MGL
c. 111, § 31. These regulations supersede all previous regulations
for private wells adopted by the Board of Health.
As used in this chapter, the following
terms shall have the meanings indicated:
AGENT
Any person designated and authorized by the Board to implement,
in whole or part, these regulations. To the extent provided by the
Board, the agent shall have all the authority of the Board and shall
be directly responsible to the Board and under its direction and control.
APPLICANT
Any person who applies to have a private well constructed.
AQUIFER
A water-bearing geologic formation, group of formations,
or part of a formation that contains sufficient saturated permeable
material to yield significant quantities of water to wells and springs.
BENTONITE GROUT
A mixture of bentonite (API Standard 13A) and water in a
ratio of not less than one pound of bentonite per gallon of water.
BOARD
The Board of Health of Westminster, Massachusetts, or its
authorized agent.
BUSINESS OF DIGGING OR DRILLING
A person who charges a fee for digging or drilling a well,
or a person who advertises for hire to dig or drill wells within the
Commonwealth of Massachusetts.
CASING
Impervious durable pipe placed in a boring to prevent the
walls from caving and to serve as a vertical conduit for water in
a well.
CERTIFIED LABORATORY
A laboratory certified by the Department of Environmental
Protection for the analysis of drinking water and required water quality
analytes. Provisional certification is acceptable.
CERTIFIED WELL DRILLER
Any person certified with the Department of Environmental
Protection Well Driller Program to dig or drill wells in the Commonwealth
of Massachusetts and is licensed by the Board.
CONCRETE
A mixture consisting of portland cement (ASTM Standard C150,
Type I, or API Standard 10, Class A), sand, gravel, and water in a
proportion of not more than five parts of sand plus gravel to one
part cement, by volume, and not more than six gallons of water. One
part cement, two parts sand, and three parts gravel are commonly used
with up to six gallons of water.
IRRIGATION WELL
Well used for the sole purpose of watering or irrigation.
The well shall not be connected at any time to a dwelling or a building
unless it meets the requirements of a private drinking water well
and has the Board's written approval.
NEAT CEMENT GROUT
A mixture consisting of one bag (94 pounds) of portland cement
(ASTM Standard C 150, Type I, or API Standard 10, Class A) to not
more than six gallons of clean water. Bentonite (API Standard 13A),
up to 2% by weight of cement, shall be added to reduce shrinkage.
Other additives, as described in ASTM Standard C494, may be used to
increase fluidity and/or control setting time.
PERSON
An individual, corporation, company, association, trust,
or partnership.
PRIVATE DRINKING WATER WELL
Any dug, driven, or drilled hole, with a depth greater than
its largest surface diameter, constructed or used to supply water
for human consumption that is not regulated by 310 CMR 22.00.
PUMPING (AQUIFER) TEST
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
SAND CEMENT GROUT
A mixture consisting of portland cement (ASTM Standard C150,
Type I, or API Standard 10, Class A), sand, and water in the proportion
of one part cement to three or four parts sand, by volume, and not
more than six gallons of water per bag (94 pounds) of cement. Up to
5%, by weight of bentonite (API Standard 13A) shall be added to reduce
shrinkage.
STRUCTURE
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, fence, or the like.
Pursuant to 310 CMR 46.02(1), no
person in the business of digging or drilling shall construct a well
unless certified by the MassDEP Well Drillers Program.
Westminster Board of Health does
not allow dug wells, as these types of wells are shallow, making them
especially susceptible to contamination and seasonally fluctuating
water tables.
Any work involving the connection
of the private well to the distribution system of the residence must
conform to the local plumbing code. All electrical connections between
the well and the pump controls and all piping between the well and
the storage and/or pressure tank in the house must be made by a pump
installer or certified well driller, including the installation of
the pump and appurtenance(s) in the well or house.
A physical connection is not permitted
between a water supply which satisfies the requirements of these regulations
and another water supply that does not meet the requirements of these
regulations without prior approval of the Board.
NOTE:
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It is prohibited by 310 CMR 22.22(2)(j)
to have a cross-connection between a public water system and a private
well used for either drinking water or irrigation purposes.
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A. General well design and construction.
(1) All private wells shall be designed and
constructed such that:
(a)
The materials used for the permanent
construction are durable in the specific hydrogeologic environment
that occurs at the well site.
(b)
No unsealed opening is be left around
the well that could conduct surface water or contaminated groundwater
vertically to the intake portion of the well or transfer water from
one formation to another.
(2) Permanent construction materials shall
not leach or contribute toxic substances, taste, odors, or bacterial
contamination to the water in the well.
(3) The driller shall operate all equipment
according to generally accepted standards in the industry and shall
take appropriate precautions to prevent damage, injury or other loss
to persons and property at the drilling site.
(4) Well construction design shall ensure that
surface water does not enter the well through the opening or by seepage
through the ground surface. Construction site waste and materials
shall be disposed of in such a way as to avoid contamination of the
well, any surface water or the aquifer.
(5) During any time that the well is unattended,
the contractor shall secure the well in a way as to prevent either
tampering with the well and/or the introduction of foreign material
into the well.
(6) All water used for drilling, well development,
or to mix a drilling fluid shall be obtained from a source which will
not result in contamination of the well or the water-bearing zones
penetrated by the well. Water from wetlands, swamps, ponds and other
similar surface features shall not be used.
(7) Water shall be conveyed in clear sanitary
containers or water lines and shall be chlorinated to an initial concentration
between 50 mg/l and 100 mg/l. All drilling equipment, including pumps
and downhole tools, shall be cleaned and disinfected prior to drilling
each new well or test hole.
(8) All drilling fluids shall be nontoxic.
Drilling fluid additives shall be stored in clean containers and shall
be free of material that may adversely affect the well, the aquifer,
or the quality of the water to be pumped from the well. Surfactants
shall be biodegradable. The use of biodegradable organic polymers
shall, when possible, be avoided.
(9) All wells, including those that have been
hydrofractured, shall be developed in order to remove fine materials
introduced into the pore spaces or fractures during construction.
One or more of the following methods shall be used for development:
overpumping, backwashing, surging, jetting, airlift pumping.
(10)
The completed well shall be sufficiently
straight so that there will be no interference with installation,
alignment, operation or future removal of the permanent well pump.
B. Well casing.
(1) Private water supply wells shall be constructed
using either steel or thermoplastic well casing. The casing shall
be of adequate strength and durability to withstand anticipated formation
and hydrostatic pressures, the forces imposed on it during installation,
and the corrosive effects of the local hydrogeologic environment.
(2) All casing used in the construction of
private wells shall be free of pits, breaks, gouges, deep scratches
and other defects. If previously used casing is installed, it shall
be decontaminated and disinfected prior to installation.
(3) Installation of water well casing shall
be done in a manner that does not alter the shape, size, or strength
of the casing and does not damage any of the joints or couplings connecting
sections of the casing. A standard drive shoe shall be used when casing
is installed. The drive shoe shall be either welded or threaded to
the lower end of the string of casing and shall have a beveled metal
cutting edge forged, cast, or fabricated for this specific purpose.
(4) Upon completion of the installation procedure,
the entire length of the casing above the intake shall be watertight.
(5) Well casing terminating above grade shall
extend at least 18 inches above the predetermined ground surface at
the wellhead except when the well is located in a floodplain. When
a well is located in a floodplain, the well casing shall extend at
least two feet above the level of the highest recorded flood. The
top of the well casing shall be reasonably smooth and level.
C. Well screen. A well screen is required
for all drilled wells that are completed in unconsolidated formations.
All well screens shall be of Grade 304 stainless steel. Wells completed
in bedrock do not require a screen unless the bedrock formation is
brittle in nature or has a potential for collapse. The well screen
aperture openings, screen length, and diameter shall be selected so
as not to limit the aquifer's water yielding characteristics while
preventing access of soil particles that would detract from well efficiency
and yield.
D. Grouting and sealing.
(1) Private wells drilled in bedrock shall
be grouted from the ground surface or to the bottom of the pitless
adaptor (if present) to 15 feet into competent bedrock. Neat cement
grout, sand cement grount, or Bentonite grout shall be used. It shall
have a permeability of at least 1 x 10-7 and be emplaced using standard grouting techniques as described
in the MassDEP Private Well Guidelines, as amended.
(2) All wells completed with the casing extending
above grade shall have a surface seal designed to eliminate the possibility
of surface water flowing down the annular space between the well casing
and the surrounding backfilled materials. The surface seal shall extend
to a depth below the local frost line.
E. Wellhead completion.
(1) All wells shall be equipped with a sanitary
seal or watertight cap designed to prevent surface water and foreign
matter from entering the well.
(2) All wells except flowing artesian and dug
wells shall be vented. The opening of the vent pipe shall be covered
with a 24 mesh corrosion-resistant screen and shall be large enough
to prevent water from being drawn into the well through electrical
conduits or leaks in the seal around the pump when the pump is turned
on. The vent pipe shall terminate in a downward position at or above
the top of the casing.
(3) All connections to a well casing made below
ground shall be protected by either a pitless adapter or a pitless
unit that complies with the most recent revision of National Sanitation
Foundation Standard Number 56, entitled "Pitless Well Adapters."
(4) Above-grade connections into the top or
side of a well casing shall be at least 18 inches above the established
ground surface or two feet above the level of the highest known flood,
whichever is higher. Above-grade connections shall be sealed so that
they are watertight.
(5) The ground immediately surrounding the
well casing shall be sloped downward and away from the well in all
directions to eliminate the possibility of surface water ponding.
F. Disinfection.
(1) Upon completion of well construction, the
well driller shall disinfect the well. If a pump is to be installed
immediately upon completion of the well, the pump installer shall
disinfect the well and the pumping equipment after the pump has been
installed.
(2) If the pump is not installed upon completion
of the well, the pump installer shall, upon installation, disinfect
the well and the pumping equipment. The pump installer shall also
disinfect the entire water supply system immediately after any maintenance
or repair work is done on the pump.
(3) When a well is disinfected, the initial
chlorine concentration shall be 100 mg/l throughout the entire water
column.
(4) For newly constructed or altered wells
in which the pump is not immediately installed, the chlorine concentration
used to disinfect the well shall be 100 mg/l. Upon installation of
the pump, the well, the pumping equipment, and the distribution system,
if connected, shall be disinfected with a chlorine concentration of
100 mg/l.
(5) The disinfectant solution shall remain undisturbed in the well for a minimum of two hours. After all the chlorine has been flushed from the water supply system, a water sample shall be collected and submitted to a Massachusetts certified laboratory. For new wells, the sample shall be tested pursuant to §
255-6 of these regulations.
(6) Only certified well drillers are authorized
to physically alter or repair a well. For wells that have undergone
repair, a sample shall be tested for total coliform bacteria and any
other parameters deemed appropriate by the Board, prior to being put
back in use.
Any person aggrieved by the final
order, variance, well construction permit, or certificate of water
supply determination of the Board may appeal to any court of competent
jurisdiction as provided by the laws of the commonwealth.
Any person who violates any provision
of these regulations, or who fails to comply with any final order
of the Board, for which a penalty is not otherwise provided in any
of the Massachusetts General Laws, shall upon conviction be fined
not less than $10 nor more than $500. Each day's failure to comply
with a final order or any provision of this regulation shall constitute
a separate violation.
If any provision of these regulations
or the application thereof is held to be invalid by a court of competent
jurisdiction, the invalidity shall be limited to said provision(s),
and the remainder of these regulations shall remain valid and effective.
Any part of these regulations subsequently invalidated by a new state
law or modification of an existing state law shall automatically be
brought into conformity with the new or amended law and shall be deemed
to be effective immediately, without recourse to a public hearing
and the customary procedures for amendment or repeal of such regulation.
These regulations were adopted by
vote of the Westminster, Massachusetts Board of Health, at their regularly
scheduled meeting held on May 15, 2019, and are to be in full force
and effect on and after June 1, 2019. Before said date, these regulations
shall be published and a copy placed on file in the Board of Health
offices and filed with the Department of Environmental Protection,
Division of Wastewater Management, in Boston. These regulations or
any portions thereof may be amended, supplemented or repealed from
time to time by the Board, as provided by law and applicable regulations.
The issuance of a well permit shall
not be construed as a guarantee or certification by the Board or its
agents that the water system will function satisfactorily or that
the water supply will be of sufficient quality or quantity for its
intended use.