Table of Contents
76.01. Purpose of Rules
76.10. Definitions
76.200. License Requirements - General
76.201. Requirements for Issuance of a License
76.202. Applications for Licenses and Renewals
76.203. Examinations
76.204. License Renewal
76.205. Registration for Driller or Pump Installer Apprenticeship
76.206. Responsibilities of the Apprenticeship
76.220. Continuing Education
76.300. Exemptions
76.600. Responsibilities of the Department - Certification by the
Executive Director
76.601. Responsibilities of the Department - General
76.602. Responsibilities of the Department - Undesirable Water
76.650. Advisory Council
76.700. Responsibilities of the Licensee - State Well Reports
76.701. Responsibilities of the Licensee - Reporting Undesirable Water
or Constituents
76.702. Responsibilities of the Licensee and Landowner Well Drilling,
Completion, Capping and Plugging
76.703. Responsibilities of the Department - Certification by the
Executive Director
76.703. Responsibilities of the Licensee - Standards of Completion for
Public Water System Wells
76.704. Responsibilities of the Licensee - Marking Vehicles and
Equipment
76.705. Responsibilities of the Licensee - Representations
76.706. Responsibilities of the Licensee - Unauthorized Practice
76.707. Responsibilities of the Licensee - Adherence to Statutes and
Codes
76.800. Fees
76.900. Disciplinary Actions
76.910. Disciplinary Actions - Disposition of Application
76.1000. Technical Requirements - Locations and Standards of Completion
for Wells
76.1001. Technical Requirements - Standards of Completion for Water
Wells Encountering Undesirable Water or Constituents
76.1002. Technical Requirements - Standards for Wells Producing
Undesirable Water or Constituents
76.1003. Technical Requirements - Re-completions
76.1004. Technical Requirements - Standards for Capping and Plugging of
Wells and Plugging Wells that Penetrate Undesirable Water or Constituent Zones
76.1005. Technical Requirements - Standards for Water Wells (drilled
before June 1, 1983)
76.1006. Technical Requirements - Water Distribution and Delivery
Systems
76.1007. Technical Requirements - Chemical Injection, Chemigation, and
Foreign Substance Systems
76.1008. Technical Requirements - Pump Installation
76.1009. Technical Requirements - Alternative Standards
76.01. Purpose of Rules.
To provide procedural and substantive requirements for the licensing, complaint
procedures, continuing education, and technical standards for well drillers and pump
installers, and to ensure the quality of the State's ground water for the safety and
welfare of the public under the Texas Water Code, Chapters 32 and 33.
76.10. Definitions.
The following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise:
(1) Abandoned well - A well that has not been used for six consecutive months. A
well is considered to be in use in the following cases:
(A) a non-deteriorated well which contains the casing, pump, and pump column in good
condition; or
(B) a non-deteriorated well which has been capped.
(2) Annular space - The space between the casing and borehole wall.
(3) Atmospheric barrier - A section of cement placed from two feet below land
surface to the land surface when using granular sodium bentonite as a casing sealant or
plugging sealant in lieu of cement.
(4) Bentonite - A sodium hydrous aluminum silicate clay mineral
(montmorillonite) commercially available in powdered, granular, or pellet form which is
mixed with potable water and used for a variety of purposes including the stabilization of
borehole walls during drilling, the control of potential or existing high fluid pressures
encountered during drilling below a water table, and to provide a seal in the annular
space between the well casing and borehole wall.
(5) Bentonite grout - A fluid mixture of sodium bentonite and potable water
mixed at manufacturers' specifications to a slurry consistency which can be pumped through
a pipe directly into the annular space between the casing and the borehole wall. Its
primary function is to seal the borehole in order to prevent the subsurface migration or
communication of fluids.
(6) Capped well - A well that is closed or capped with a covering capable of
preventing surface pollutants from entering the well and sustaining weight of at least 400
pounds and constructed in such a way that the covering cannot be easily removed by hand.
(7) Casing - A watertight pipe which is installed in an excavated or drilled
hole, temporarily or permanently, to maintain the hole sidewalls against caving, advance
the borehole, and in conjunction with cementing and/or bentonite grouting, to confine the
ground waters to their respective zones of origin, and to prevent surface contaminant
infiltration.
(A) Plastic casing - National Sanitation Foundation (NSF-WC) or American Society of
Testing Material (ASTM) F-480 minimum SDR 26 approved water well casing.
(B) Steel Casing - ASTM A-53 Grade B or better and have a minimum weight and thickness
of American National Standards Institute (ANSI) schedule 10.
(C) Monitoring wells may use other materials, such as fluoropolymer (Teflon),
glass-fiber-reinforced epoxy, or various stainless steel alloys.
(8) Commission - The Texas Commission of Licensing and Regulation.
(9) Cement - A neat portland or construction cement mixture of not more than
seven gallons of water per 94-pound sack of dry cement, or a cement slurry which contains
cement along with bentonite, gypsum or other additives.
(10) Chemigation - A process whereby pesticides, fertilizers or other chemicals,
or effluents from animal wastes is added to irrigation water applied to land or crop, or
both, through an irrigation distribution system.
(11) Complainant - A person who has filed a complaint with the Texas Department
of Licensing and Regulation (Department) against any party subject to the jurisdiction of
the Department. The Department may be the complainant.
(12) Completed monitoring well - A monitoring well which allows water from a
single water-producing zone to enter the well bore, but isolates the single
water-producing zone from the surface and from all other water-bearing zones by proper
casing and/or cementing procedures. The single water-producing zone shall not include more
than one continuous water-producing unit unless a qualified geologist or a groundwater
hydrologist has determined that all the units screened or sampled by the well are
interconnected naturally.
(13) Completed to produce undesirable water - A completed well which is designed
to extract water from a zone which contains undesirable water.
(14) Completed water well - A water well which has sealed off access of
undesirable water to the well bore by proper casing and/or cementing procedures.
(15) Constituents - Elements, ions, compounds, or substances which may cause the
degradation of the soil or ground water.
(16) Dry litter poultry facility - Fully enclosed poultry operation where wood
shavings or similar material is used as litter.
(17) Easy access - Access is not obstructed by other equipment and the fitting
can be removed and replaced with a minimum of tools without risk of breakage of the
attachment parts.
(18) Edwards aquifer - That portion of an arcuate belt of porous, water bearing,
predominantly carbonate rocks known as the Edwards and Associated Limestones in the
Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde, Medina,
Bexar, Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Limestone,
McKnight Formation, West Nueces Formation, Devil's River Limestone, Person Formation,
Kainer Formation, Edwards Formation and Georgetown Formation. The permeable aquifer units
generally overlie the less-permeable Glen Rose Formation to the south, overlie the
less-permeable Comanche Peak and Walnut formations north of the Colorado River, and
underlie the less-permeable Del Rio Clay regionally.
(19) Environmental soil boring - An artificial excavation constructed to measure
or monitor the quality and quantity or movement of substances, elements, chemicals, or
fluids beneath the surface of the ground. The term shall not include any well which is
used in conjunction with the production of oil, gas, or any other minerals.
(20) Flapper - The clapper, closing, or checking device within the body of the
check valve.
(21) Foreign substance - Constituents that includes recirculated tailwater and
open-ditch water when a pump discharge pipe is submerged in the ditch.
(22) Freshwater - Water whose bacteriological, physical, and chemical properties
are such that it is suitable and feasible for beneficial use.
(23) Granular sodium bentonite - Sized, coarse ground, untreated, sodium based
bentonite (montmorillonite) which has the specific characteristic of swelling in
freshwater.
(24) Groundwater conservation district - Any district or authority created under
Article III, Section 52, or Article XVI, Section 59 of the Texas Constitution or under the
provisions of Chapters 35 and 36 of the Texas Water Code that has the authority to
regulate the spacing or production of water wells.
(25) Irrigation distribution system - A device or combination of devices having
a hose, pipe, or other conduit which connects directly to any water well or reservoir
connected to the well, through which water or a mixture of water and chemicals is drawn
and applied to land. The term does not include any hand held hose sprayer or other similar
device which is constructed so that an interruption in water flow automatically prevents
any backflow to the water source.
(26) Monitoring well - An artificial excavation constructed to measure or
monitor the quality and/or quantity or movement of substances, elements, chemicals, or
fluids beneath the surface of the ground. Included within this definition are
environmental soil borings, piezometer wells, observation wells, and recovery wells. The
term shall not include any well which is used in conjunction with the production of oil,
gas, coal, lignite, or other minerals.
(27) Mud - A relatively homogenous; viscous fluid produced by the suspension of
clay-size particles in water.
(28) Piezometer - A device so constructed and sealed as to measure hydraulic
head at a point in the subsurface.
(29) Piezometer well - A well of a temporary nature constructed to monitor well
standards for the purpose of measuring water levels or used for the installation of
piezometer resulting in the determination of locations and depths of permanent monitor
wells.
(30) Plugging - An absolute sealing of the well bore.
(31) Pollution - The alteration of the physical, thermal, chemical, or
biological quality of, or the contamination of, any water that renders the water harmful,
detrimental, or injurious to humans, animals, vegetation, or property, or to public
health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water
for any or reasonable purpose.
(32) Public water system - A system supplying water to a number of connections
or individuals, as defined by current rules and regulations of the Texas Natural Resource
Conservation Commission 30 TAC Chapter 290.
(33) Recharge zone - Generally, that area where the stratigraphic units
constituting the Edward Aquifer crop out, including the outcrops of other geologic
formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures,
or other permeable features would create a potential for recharge of surface waters into
the Edwards Aquifer. The recharge zone is identified as that area designated as such in
official maps in the appropriate regional office of the Texas National Resource
Conservation Commission.
(34) Recovery well - A well constructed for the purpose of recovering
undesirable groundwater for treatment or removal of contamination.
(35) Sanitary well seal - A water tight device to maintain a junction between
the casing and the pump column.
(36) Undesirable water - Water that is injurious to human health and the
environment or water that can cause pollution to land or other waters.
(37) Water or waters in the state - Groundwater, percolating or otherwise,
lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state,
and all other bodies of surface water, natural or artificial, inland or coastal, fresh or
salt, navigable or nonnavigable, and including the beds and banks of all watercourses and
bodies of surface water, that are wholly or partially inside or bordering the state or
inside the jurisdiction of the state.
(38) Well - A water well, injection well, dewatering well, monitoring well,
piezometer well, observation well, or recovery well.
(39) State well report (Well Log) - A log recorded on forms prescribed by the
Department, at the time of drilling showing the depth, thickness, character of the
different strata penetrated, location of water-bearing strata, depth, size, and character
of casing installed, together with any other data or information required by the Executive
Director.
76.200. Licensing Requirements-General.
It shall be unlawful for any person to act as, or to offer to perform services as a
driller or pump installer without first obtaining a license pursuant to the Texas Water
Code Chapters 32 and 33 and these rules.
76.201. Requirements for Issuance of a License.
(a) An application, accompanied by the required examination fee, must be submitted by
each person desiring to obtain a water well driller's or pump installer's license.
(b) Within 90 days after approval, each applicant must pass an examination.
(c) Upon passing the examination, an applicant must submit the required license fee to
the Department.
(d) A licensee, not licensed to perform all types of well drilling and pump
installation, may apply for designation for additional types of well drilling or pump
installation. Applications for additional designations shall be accompanied by the
appropriate application fee and shall contain all information required by these rules for
an initial license. Upon examination of the applicant's qualifications, the Executive
Director, with advice of the Water Well Driller Advisory Council, shall deny or grant
additional grades of licensure.
(1) An applicant who has demonstrated competency in water well drilling shall be deemed
qualified for licensing for Dewatering, Injection , and Monitoring drilling which are
regulated under these rules.
(2) An applicant who has demonstrated competency in all types of pump installation
shall be deemed qualified for a master pump installer's license.
76.202. Applications for Licenses and Renewals.
(a) Application shall be made on forms provided by the Department.
(b) Application shall include:
(1) a sworn letter of reference from a licensed water well driller or pump installer,
as applicable, who has at least two years licensed experience in water well drilling/pump
installing;
(2) letters of reference from two water well drilling or pump installer customers, as
applicable, who are not related within the second degree of consanguinity to the applicant
(i.e., may not be the applicant's spouse, or related to the applicant or applicant's
spouse, as a child, grandchild, parent, sister, brother, or grandparent);
(3) the applicant's sworn statement that he has drilled water wells or installed pumps
under the supervision of a driller or pump installer licensed under the Texas Water Code,
Chapters 32 and 33 for two years or that he has other comparable water well drilling or
pump installing experience; and
(4) the applicant's sworn statement that he has read and will adhere to the
requirements of the Texas Water Code, Chapters 32 and 33 and these rules.
(c) The application must be received by the Department at least 28 days before a
Council meeting in order to be scheduled for consideration at the next meeting.
(1) The Department will send written notice to the applicant informing the applicant
that the application is administratively complete and accepted for filing, or that the
application is deficient in specific areas and the applicant has 30 days to submit
additional information to correct the deficiency (ies).
(2) If the required information is not forthcoming from the applicant within 30 days of
the date of mailing of the deficiency notice, the Department shall return the incomplete
application to the applicant.
(3) If the applicant disagrees that the application is deficient, the applicant may
file a motion for reconsideration of the Department's action.
(d) A license issued by the Department will expire annually from the date of issuance.
(e) Intentionally misstating or misrepresenting a fact on an application, renewal
application, state well report, plugging report, or with any other information or evidence
furnished to the Department in connection with official Departmental matters shall be
grounds for assessing penalties and/or sanctions.
76.203. Examinations.
(a) Examinations shall be designed to determine if the applicant possesses the
requisite knowledge of pump installation techniques, well drilling, completion, and
plugging methods and techniques, and of groundwater formations to ensure that the licensee
will not present a serious risk of pollution of a groundwater source.
(b) Examinations shall be offered on a regular basis at a time and place designated by
the Executive Director.
(c) Additional examinations shall be offered if more than ten applicants petition the
Executive Director in writing.
(d) An applicant may only take the examination twice within any 12-month period.
(e) Each time an applicant applies to retake the Department's examination, an applicant
must submit the examination fee.
76.204. License Renewal.
(a) On or before the expiration date of the license, the licensee shall pay an annual
renewal fee to the Department and submit an application for renewal.
(b) To renew a license, the licensee is required to show proof of four hours of
continuing education.
(c) If a person's license is expired 90 days or less, the person may renew the license
by paying the Department the required renewal fee and a late fee equal to one-half the
examination fee.
(d) If a person's license is expired for more than 90 days but less than two years, the
person may be eligible for a license reissuance by paying all renewal fees and a late fee
that is equal to the examination fee.
(e) If a person's license has been expired for two years or more, the person may not
renew the license, but may apply for a new license.
76.205. Registration for Driller or Pump Installer
Apprenticeship.
(a) A person who wishes to undertake a Department approved apprentice program under the
supervision of a licensed driller or a licensed pump installer who has been licensed for a
minimum of two years, must submit a registration form to the department and provide proof
that the licensed driller or pump installer has agreed to accept the responsibility of
supervising the training. A driller or pump installer may not supervise more than three
apprentices at any one time.
(b) A registered pump installer apprentice shall represent his supervising pump
installer during operations at the well site.
(c) The Department, with advice of the Council, shall review driller and pump installer
apprentice registration forms.
(d) A registered pump installer apprentice may not perform, or offer to perform, any
services associated with procedures employed in the placement an d preparation for
operation of equipment and material used to obtain water from a water well. A pump
installer apprentice's registration may be revoked for engaging in prohibited activities.
(e) Registration forms shall include:
(1) the name, business address, and permanent mailing address of the apprentice in
training;
(2) the name, business address, and license number of the licensed driller or pump
installer who will supervise the training;
(3) a brief description of the training program;
(4) the effective commencement and termination date of the training program;
(5) a statement by the licensed driller or pump installer accepting financial
responsibility for the activities of the apprentice associated with the training program
or undertaken on behalf of the licensed driller or pump installer; and
(6) the signatures of the apprentice and the licensed driller or pump installer and the
sworn statement of both that the information provided is true and correct.
(f) If the application conforms to the rules and the apprentice program meets
Department requirements, the Department will notify the apprentice and the supervising
driller or pump installer that the apprentice has been accepted as a registered driller or
pump installer apprentice and that the registration form shall remain in the Department's
files for the stated duration of the apprentice period.
(g) If the application and apprentice program do not conform to the rules and the
registration is not approved, the apprentice and the licensed pump installer shall be
notified by the Department.
76.206. Responsibilities of the Apprentice.
(a) A registered driller apprentice shall:
(1) represent his supervising driller during operations at the well site;
(2) co-sign state well reports with the supervising driller; and
(3) perform services associated with drilling, deepening, or altering a water well
under the direct supervision of the supervising driller.
(b) A registered driller apprentice may not perform, or offer to perform, any services
associated with drilling, deepening, or altering a water well except under the direct
supervision of a licensed driller and/or according to the supervising driller's express
directions. A driller apprentice's registration may be revoked for engaging in prohibited
activities.
(c) Upon completion of a training program of at least one year, an apprentice may apply
to obtain a water well driller's or pump installer's license or renew the status as an
apprentice. The supervising driller, pump installer, or apprentice may terminate the
training program by written notice to the Department. A reason for termination is not
required. Upon receipt of the notice, the Department shall terminate the apprentice's
status as a registered apprentice.
(d) The licensed driller or licensed pump installer shall be present at the well site
at all times during all operations or may be represented by a registered apprentice
capable of immediate communication with the licensed driller or pump installer at all
times, provided that the licensed driller is less than one hour from the well site and
visits the well site at least once each day of operation to direct the manner in which the
operations are conducted.
(e) The supervising licensed driller or licensed pump installer is responsible for
compliance with the Texas Water Code, Chapters 32 and 33 (relating to Water Well Drillers
and Water Well Pump Installers) and Department rules.
76.220. Continuing Education.
(a) Competence in the performance of services by a licensee requires that the
licensee's knowledge and skill encompass the current knowledge of drilling, completion,
pump installation, and plugging techniques, and of the occurrence and availability of
groundwater, to the extent that the performance of services by the driller or pump
installer will not create a risk of polluting waters. Therefore, licensees must maintain
proficiency in the field of water well drilling and pump installation.
(b) A licensed driller or licensed pump installer is required to have four (4) hours of
continuing education annually by a provider that is approved by the Department. This
section is effective beginning with the 1999 renewal period.
76.300. Exemptions.
The following are not required to obtain a license under Chapters 32 and 33 of the
Texas Water Code, however, must comply with standards set forth in §§76.701, 76.702,
76.1000, 76.1001, 76.1003 and 76.1004 of this chapter:
(1) any person who drills, bores, cores, or constructs a water well on his property for
his own use.
(2) any person who assists in the construction of a water well under the direct
supervision of a licensed water well driller and is not primarily responsible for the
drilling operation;
(3) pursuant to 30 TAC, Chapter 334, Subchapter I: Underground Storage Tank Contractor
Registration and Installer Licensing, any person who possesses a Class A or Class B
Underground Storage Tank (UST) Installers' license who drills observation wells within the
backfill of the original excavation for UST's, including associated piping and pipe
trenches (tank plumbing and piping), to a depth of no more than two feet below the tank
bottom. However, if the total depth exceeds 20 feet below ground surface, a licensed
driller is required to drill the well;
(4) any person who drills environmental hand auger soil borings no more than 10 feet in
depth;
(5) any person who installs or repairs water well pumps and equipment on his own
property, or on property that he has leased or rented, for his own use;
(6) any person who assists in the procedure of pump installation under the direct
supervision of a licensed installer and who is not primarily responsible for the
installation;
(7) any person who is a ranch or farm employee whose general duties include installing
or repairing a water well pump or equipment on his employer's property for his employer's
use, but who is not employed or in the business of installation or repair of water pumps
or equipment; or,
(8) any registered water well driller apprentice or pump installer apprentice.
(9) Pump manufacturers and sellers of new and used pumps and/or pump equipment
including pump distributors and pump dealers who do not install pumps and/or pump
equipment.
76.600. Responsibilities of the Department - Certification by
the Executive Director.
(a) The Department, with advice of the Council, shall review and pass upon each
applicant's qualifications.
(b) In assessing an applicant's qualifications, the Department and the Council shall
examine the letters of reference submitted, the applicant's experience and competence in
water well drilling or pump installing, and any other relevant information which may be
presented including, but not limited to, compliance history.
(c) An applicant, at the discretion of the Department, may not be certified for up to
one-year following the revocation of the applicant's license or a finding that the
applicant operated without a license.
(d) After assessing the qualifications of an applicant, the Department, with advice of
the Council, shall determine the type(s) of well drilling or pump installation, the
applicant is competent to perform. Types of drilling include water well, monitoring well,
injection well, and dewatering well. Types of pump installation include: windmills, hand
pumps, and pump jacks; fractional to five horsepower; submersible five horsepower and
over; and line-shaft turbine pumps.
(e) The Executive Director may waive any applicant requirements stated herein.
76.601. Responsibilities of the Department - General.
The Department may initiate field inspections and investigations of well drilling,
capping, plugging, or completion operations.
76.602. Responsibilities of the Department - Undesirable water.
(a) The Department shall determine whether undesirable water or constituents have been
encountered. If undesirable water or constituents are encountered, the Department shall
determine whether the person having the well drilled, deepened, or altered intends to have
the well plugged or completed within 30 days;
(b) Where a person having a well drilled, deepened, or altered does not intend to have
the well plugged or completed as required by Department rules, or where he or she does not
have the well plugged or completed within the prescribed time period, the Department shall
direct that the person having the well drilled, deepened, or altered appear at a hearing
and show cause why the well should not be plugged or completed.
76.650. Advisory Council.
(a) Officers of the Council shall be elected at the first meeting of each fiscal year.
(b) All notices of regular or special meetings of the Council shall be directed to the
residence of the members of the Council as they are recorded on the official records of
the Council and Department.
(1) The chairman shall preside at all Council meetings and shall not vote except to
break a tie vote.
(2) In the absence of the chairman or vice chairman of the Council, the members present
shall choose one member to act as chairman.
(3) The permanent or temporary chairman may appoint any member of the Council present
to act for any other officer of the Council who is not present.
(c) The Executive Director appoints Council members.
76.700. Responsibilities of the Licensee - State Well Reports.
Every well driller who drills, deepens, or alters a well, within this state shall cause
to be made and kept, a legible and accurate State Well Report on forms supplied by the
Department. Each copy of a State Well Report, other than a Department copy, shall include
the name, mailing address, and telephone number of the Department.
(1) Every well driller shall deliver or transmit by certified mail, the original of the
State Well Report to the Department, and shall deliver or send by first-class mail a
photocopy to the local groundwater conservation district, if applicable, and a copy to the
owner or person for whom the well was drilled, within 60 days from the completion or
cessation of drilling, deepening, or otherwise altering a well.
(2) The person that plugs a well described in subsection (a), (b), or (d) of §76.702
of this title (relating to Responsibilities of the Licensee and Landowner - Well Drilling,
Completion, Capping and Plugging) shall, within 30 days after plugging is complete, submit
a Plugging Report to the Department on forms supplied by the Department and mail a copy of
the report to the local groundwater conservation district if applicable.
76.701. Responsibilities of the Licensee - Reporting
Undesirable Water or Constituents.
Each well driller shall inform, within 24 hours, the landowner or person having a well
drilled, deepened, or otherwise altered or their agent when undesirable water or
constituents have been knowingly encountered. The well driller shall submit, within 30
days of encountering undesirable water or constituents to the Department, the local
groundwater conservation district if required by the local authority, and the landowner or
person having the well drilled, deepened, or altered, on forms supplied by the Department,
a statement signed by the well driller indicating that the landowner or person having the
well drilled, deepened, or altered, has been informed that undesirable water or
constituents have been encountered.
76.702. Responsibilities of the Licensee and Landowner - Well
Drilling, Completion, Capping and Plugging.
(a) All well drillers and persons having a well drilled, deepened, or altered shall
adhere to the provisions of this chapter prescribing the location of wells and proper
drilling, completion, capping, and plugging.
(1) Where a landowner, or person having the well drilled, deepened, or altered, denies
a licensed well driller access to the well to complete the well to established standards
and thereby precludes the driller from performing his or her duties under the Texas Water
Code, Chapters 32 and 33 and this title, the well driller shall file with the Department a
statement to that effect within five days of the denial. The landowner or person
authorizing the well work must complete the well to established standards within ten days
of notification by the Department.
(2) It is the responsibility of the landowner or person having the well drilled,
deepened, or otherwise altered, to cap or have capped, under standards set forth in
§76.1004 of this title (relating to Technical Requirements - Standards for Capping and
Plugging of Wells and Plugging Wells that Penetrate Undesirable Water or Constituent
Zones), any well which is open at the surface.
(3) It is the responsibility of the landowner or person having the well drilled,
deepened, or otherwise altered to plug or have plugged a well which is abandoned under
standards set forth in §76.1004 of this title (relating to Technical Requirements -
Standards for Capping and Plugging of Wells and Plugging Wells that Penetrate Undesirable
Water or Constituent Zones)
(b) It shall be the responsibility of each licensed well driller to inform a landowner
or person having a well drilled, deepened, or altered that the well must be plugged by the
landowner, a licensed driller, or a licensed pump installer if it is abandoned.
(c) It is the responsibility of the licensed well driller or landowner to see that when
undesirable water or constituents is knowingly encountered, the well is plugged or is
converted into a monitoring well under the standards set forth in §76.1004 of this title
(relating to Technical Requirements - Standards for Capping and Plugging of Wells and
Plugging Wells that Penetrate Undesirable Water or Constituent Zones). For class V
injection wells which encounter undesirable water or constituents, the driller must comply
with applicable requirements of the Texas Natural Resource Conservation Commission rules
under 30 TAC, Chapter 331.
(d) It shall be the responsibility of the driller of a newly drilled well or the pump
installer responsibility of a newly drilled well to place a cover over the boring or
casing of any well that is to be left unattended with the pump removed.
(e) A licensed well driller is responsible for assuring that when undesirable water or
constituents is knowingly encountered, the well is plugged or completed forthwith pursuant
to the following:
(1) Where a person or landowner having the well drilled, deepened, or altered denies a
licensed driller access to a well which requires plugging or completion or otherwise
precludes the driller from plugging or completing a well which has encountered undesirable
water or constituents, the driller shall, within 48 hours, file a signed statement to that
effect with the Department and provide a copy of the statement to the local groundwater
conservation district. The statement shall indicate that:
(A) The driller, or person under his or her supervision, encountered undesirable water
or constituents while drilling the well;
(B) The driller has informed the person having the well drilled, deepened, or otherwise
altered that undesirable water or constituents were encountered and that the well must be
plugged or completed pursuant to the Texas Water Code §32.017;
(C) The person or landowner having the well drilled, deepened, or altered has denied
the driller access to the well;
(D) The reason, if known, for which access has been denied and,
(E) if known, whether the person having the well drilled, deepened, or otherwise
altered intends to have the well plugged or completed.
(2) For class V wells which encounter undesirable water or constituents, the driller
must comply with applicable requirements of the Texas Natural Resource Conservation
Commission rules under 30 TAC, Chapter 33.
(f) Each licensed well driller shall ensure that all wells are plugged, repaired, or
properly completed pursuant to this Chapter and Texas Water Code §32.017 (relating to
Plugging of Water Wells). Each pump installer shall install or repair pumps pursuant to
this title and Texas Water Code §33.014 (relating to Completion, Repair, and Plugging of
Water Wells).
(g) A licensed driller or licensed pump installer shall notify the Department, the
local underground water conservation district if required by the local authority, and the
landowner or person having a well drilled or pump installed when he encounters water
injurious to vegetation, land, or other water, and inform the landowner that the well must
be plugged, repaired, or properly completed in order to avoid injury or pollution.
(h) A licensed driller or licensed pump installer who knows of an abandoned or
deteriorated well, as defined by Texas Water Code §32.017 (relating to Plugging of Water
Wells) and §33.014 (relating to Completion, Repair, and Plugging of Water Wells), and
§76.1005 (a) (relating to Technical Requirements- Standards for Water Wells drilled
before June 1, 1983) shall notify the landowner or person possessing the well that the
well must be plugged or capped in order to avoid injury or pollution.
76.703. Responsibilities of the Licensee - Standards of
Completion for Public Water System Wells.
A licensed water well driller shall complete a well supplying a public water system in
accordance with plans approved by the Texas Natural Resource Conservation Commission under
30 TAC, Chapter 290 (relating to Water Hygiene).
(1) The licensed water well driller shall, to the best of his or her abilities,
ascertain whether a well which is to be drilled, deepened, or altered is intended for use
as part of a public water system and shall comply with all applicable rules and
regulations of the Texas National Resource Conservation Commission under 30 TAC, Chapter
290 and any other local or regional regulations.
(2) The licensed water well driller shall inform the Department of the well's intended
use, by submitting a State Well Report.
(3) The person or landowner having the well drilled, deepened, or altered is
responsible for ensuring that a well intended for use as a part of a public water system
meets the current rules and regulations of the Texas National Resource Conservation
Commission under 30 TAC, Chapter 290 and any other local or regional regulations.
76.704. Responsibilities of the Licensee -Marking Vehicles and
Equipment.
Licensee shall mark their water well rigs and pump installer vehicles used by them or
their employees in the water well drilling or pump installer business with legible and
plainly visible identification numbers.
(1) The identification number to be used on rigs and vehicles shall be the licensee's
license number.
(2) License numbers shall be printed, upon each side of every water well rig or pump
installer vehicle, not less than two inches high and in a color sufficiently different
from the color of the vehicle or equipment so that the license number shall be plainly
visual.
(3) A licensee shall have 30 days from the date a license is issued to see that all
water well rigs or pump installer vehicles used by him or his employees are marked as
provided in paragraphs (1) and (2) of this section.
76.705. Responsibilities of the Licensee - Representations.
(a) No licensee shall offer to perform services unless such services can be competently
performed.
(b) A licensee shall accurately and truthfully represent to a prospective client his
qualifications and the capabilities of his equipment to perform the services to be
rendered.
(c) A licensee shall neither perform nor offer to perform services for which he is not
qualified by experience or knowledge in any of the technical fields involved.
(d) A licensee shall not enter into a partnership or any agreement with a person, not
legally qualified to perform the services to be rendered, and who has control over the
licensee's equipment and/or independent judgment as related to construction, alteration,
or plugging of a water well or installation of pumps or equipment in a water well.
(e) A licensee shall not make false, misleading, or deceptive representations.
(f) A licensee shall make known to prospective clients, all adverse, or suspicions of
adverse conditions concerning the quantity or quality of groundwater in the area. If there
is any uncertainty regarding the quality of water in any water well, the licensee shall
recommend that the client have the suspected water analyzed.
76.706. Responsibilities of the Licensee - Unauthorized
Practice.
(a) A licensee shall inform the Department of any unauthorized well drilling or pump
installation practice of which the licensee has knowledge.
(b) A licensee shall not aid or abet an unlicensed person to unlawfully drill or offer
to drill water wells or install pump equipment.
(c) A licensee shall, upon request of the Department, furnish any information the
licensee possesses concerning any alleged violation of the Texas Water Code, Chapters 32
and 33 (relating to Water Well Drillers or Water Well Pump Installers) or this title.
(d) A licensee shall have the following information on all proposals and invoices given
to consumers: Regulated by The Texas Department of Licensing and Regulation, P.O. Box
12157, Austin Texas 78711, 1-800-803-9202, 512-463-7880.
76.707. Responsibilities of the Licensee - Adherence to
Statutes and Codes.
A licensee shall comply with Texas Revised Civil Statutes Annotated, Article 9100
(Vernon 1991), 16 TAC, Chapter 60 (Vernon 1998), the Texas Water Code, Chapters 32 and 33,
and this Chapter in connection with all water well drilling or pump installation services
rendered.
76.800. Fees.
(a) Exam Fees.
(1) Driller and Installer application exam fees are $125 per exam.
(2) Re-exam fee is $100 for each exam.
(b) License Fees.
(1) Driller's license is $125.
(2) Installer's license is $125.
(3) A combination Driller and Installer license is $175.
(4) Apprentice registration is $50.
(c) License Renewal Fees.
(1) Driller's renewal license is $125.
(2) Installer's renewal license is $125.
(3) A combination Driller and Installer license is $175.
(4) Apprentice renewal registration is $50.
(d) Lost, revised, or duplicate license $25.
(e) Variance request fee is $100.
76.900. Disciplinary Actions.
(a) The Executive Director may assess an administrative penalty, reprimand a licensee,
suspend or revoke a license, and the Texas Commission of Licensing and Regulation may
assess administrative penalties or take any appropriate action described in 16 TAC,
Chapter 60 (Vernon 1998), Texas Revised Civil Statutes Annotated, Article 9100 (Vernon
1991), or the Texas Water Code, Chapters 32 and 33 (Vernon 1997) (relating to Water Well
Drillers and Pump Installers) for violations of the statutes or Department rules.
(b) If a person violates the Texas Water Code, Chapters 32 and 33 (Vernon 1997), or a
rule or order, of the Executive Director or Commission relating to the Code, proceedings
may be instituted to impose administrative sanctions and/or recommend administrative
penalties in accordance with the Code or Texas Revised Civil Statutes Annotated, Article
9100 (Vernon 1991) and 16 TAC, Chapter 60 (Vernon 1998) of this title (relating to the
Texas Department of Licensing and Regulation).
76.910. Disciplinary Actions - Disposition of Application.
The Department shall mail notice to each applicant as to the disposition of their
application within 10 days of the final decision. An applicant who disagrees with the
Department's final decision may request a hearing.
76.1000. Technical Requirements - Locations and Standards of
Completion for Wells.
(a) Wells shall be completed in accordance with the following specifications and in
compliance with the local groundwater conservation district or incorporated city
ordinances:
(1) The annular space to a minimum of ten feet shall be three inches larger in diameter
than the casing and filled from ground level to a depth of not less than ten feet below
the land surface or well head with cement slurry, bentonite grout, or eight feet solid
column of granular sodium bentonite topped with a two foot cement atmospheric barrier,
except in the case of monitoring, dewatering, piezometer, and recovery wells when the
water to be monitored, recovered, or dewatered is located at a more shallow depth. In that
situation, the cement slurry or bentonite column shall only extend down to the level
immediately above the monitoring, recovery, or dewatering level. Unless the well is
drilled within the Edwards Aquifer, the distances given for separation of wells from
sources of potential contamination in §76.1000(b)(2) may be decreased to a minimum of 50
feet provided the well is cemented with positive displacement technique to a minimum of
100 feet to surface or the well is tremie pressured filled to the depth of 100 feet to the
surface provided the annular space is three inches larger than the casing. For wells less
than 100 feet deep, the cement slurry, bentonite grout, or bentonite column shall be
placed to the top of the producing layer. In areas of shallow, unconfined groundwater
aquifers, the cement slurry, bentonite grout, or bentonite column need not be placed below
the static water level. In areas of shallow, confined groundwater aquifers having artesian
head, the cement slurry, bentonite grout, or bentonite column need not be placed below the
top of the water-bearing strata. Wells which are subject to completion standards of the
Texas Natural Resource Conservation Commission under 30 TAC, Chapter 331 for class V
injection wells are exempt from §76.1000. Technical Requirements - Locations and
Standards of Completion for Wells.
(2) A well is cemented with positive displacement technique to a minimum of 100 feet to
surface or the well is tremie pressured filled to the depth of 100 feet to the surface
provided the annular space is three inches larger than the casing may encroach up to five
feet of the property line. For wells less than 100 feet deep, the cement slurry, bentonite
grout, or bentonite column shall be placed to the top of the producing layer. In areas of
shallow, unconfined groundwater aquifers, the cement slurry, bentonite grout, or bentonite
column need not be placed below the static water level. In areas of shallow, confined
groundwater aquifers having artesian head, the cement slurry, bentonite grout, or
bentonite column need not be placed below the top of the water-bearing strata.
(b) Water wells located within public water supply system sanitary easements must be
constructed to public well standards 30 TAC, Chapter 290.
(1) A well shall be located a minimum horizontal distance of 50 feet from any
water-tight sewage and liquid-waste collection facility, except in the case of monitoring,
dewatering, piezometer, and recovery wells which may be located where necessity dictates.
(2) Except as noted in §76.1000(a)(1)(2), a well shall be located a minimum horizontal
distance of 150 feet from any concentrated sources of potential contamination such as, but
not limited to, existing or proposed livestock or poultry yards, cemeteries, pesticide
mixing/loading facilities, and privies, except in the case of monitoring, dewatering,
piezometer, and recovery wells which may be located where necessity dictates. A well shall
be located a minimum horizontal distance of 100 ft. from an existing or proposed septic
system absorption field, septic systems spray area, a dry litter poultry facility and 50
feet from any property line provided the well is located at the minimum horizontal
distance from the sources of potential contamination.
(3) A well shall be located at a site not generally subject to flooding; provided,
however, that if a well must be placed in a flood prone area, it shall be completed with a
watertight sanitary well seal, so as to maintain a junction between the casing & pump
column, and a steel sleeve extending a minimum of 36 inches above ground level and 24
inches below the ground surface.
(4) The following are exceptions to the property line distance requirement where:
(A) groundwater district rules are in place regulating the spacing of wells;
(B) platted or deed restriction subdivision spacing of wells and on-site sewage systems
are part of planning; or
(C) public wastewater treatment is provided and utilized by the landowner.
(c) In all wells where plastic casing is used, except when a steel or polyvinyl
chloride (PVC) sleeve or pitless adapter, as described in paragraph (3) of this section,
is used, a concrete slab or sealing block shall be placed above the cement slurry around
the well at the ground surface.
(1) The slab or block shall extend laterally at least two feet from the well in all
directions and have a minimum thickness of four inches and should be separated from the
well casing by a plastic or mastic coating or sleeve to prevent bonding of the slab to the
casing.
(2) The surface of the slab shall be sloped to drain away from the well.
(3) The top of the casing shall extend a minimum of 12 inches above the land surface
except in the case of monitoring wells when it is impractical or unreasonable to extend
the casing above the ground. Monitoring wells shall be placed in a waterproof vault the
rim of which extends two inches above the ground surface and a sloping cement slurry shall
be placed 18 inches around and two feet below the base of the vault between the casing and
the wall of the borehole so as to prevent surface pollutants from entering the monitoring
well. The well casing shall have a locking cap that will prevent pollutants from entering
the well. The annular space of the monitoring well shall be sealed with an impervious
bentonite or similar material from the top of the interval to be tested to the cement
slurry below the vault of the monitoring well.
(4) The well casing of a temporary monitoring well shall have a locking cap and the
annular space shall be sealed 0 to 1 foot below ground level with an impervious bentonite
or similar material; after 48 hours, the well must be completed or plugged in accordance
with §76.1000 (relating to Technical Requirements - Locations and Standards of Completion
for Wells) and §76.1004 (relating to Technical Requirements - Standards for Capping and
Plugging of Wells and Plugging Wells that Penetrate Undesirable Water or Constituent
Zones).
(5) The annular space of a closed loop injection well used to circulate water or other
fluids shall be backfilled to the total depth with impervious bentonite or similar
material, closed loop injection well where there is no water or only one zone of water is
encountered you may use sand, gravel or drill cuttings to back fill up to 30 feet from the
surface. The top 30 feet shall be filled with impervious bentonite or similar materials
and meets the standards pursuant to Texas Natural Resource Conservation Commission 30 TAC,
Chapter 331.
(d) In wells where a steel or PVC sleeve is used:
(1) The steel sleeve shall be a minimum of 3/16 inches in thickness and/or the plastic
sleeve shall be a minimum of Schedule 80 sun resistant and 24 inches in length, and shall
extend 12 inches into the cement, except when steel casing or a pitless adapter as
described in paragraph (2) of this section is used. The casing shall extend a minimum of
12 inches above the land surface, and the steel/plastic sleeve shall be two inches larger
in diameter than the plastic casing being used; or
(2) A slab or block as described in §76.1000(c)(1)(2) of this section is required
above the cement slurry except when a pitless adapter is used. Pitless adapters may be
used in such wells provided that:
(A) the adapter is welded to the casing or fitted with another suitably effective seal;
(B) the annular space between the borehole and the casing is filled with cement to a
depth not less than 20 feet below the adapter connection; and
(C) in lieu of cement, the annular space may be filled with a solid column of granular
sodium bentonite to a depth of not less than 20 feet below the adapter connection.
(e) All wells, especially those that are gravel packed, shall be completed so that
aquifers or zones containing waters that differ in chemical quality are not allowed to
commingle through the borehole-casing annulus or the gravel pack and cause quality
degradation of any aquifer or zone.
(f) The well casing shall be capped or completed in a manner that will prevent
pollutants from entering the well.
(g) Each licensed well driller drilling, deepening, or altering a well shall keep any
drilling fluids, tailings, cuttings, or spoils contained in such a manner so as to prevent
spillage onto adjacent property not under the jurisdiction or control of the well owner
without the adjacent property owners written consent.
(h) Each licensed well driller drilling, deepening, or altering a well shall prevent
the spillage of any drilling fluids, tailings, cuttings, or spoils into any body of
surface water.
(i) Unless waived by written request from the landowner, a new, repaired, or
reconditioned well or pump installation or repair on a well used to supply water for human
consumption shall be properly disinfected. The well shall be properly disinfected with
chlorine or other appropriate disinfecting agent under the circumstances. A disinfecting
solution with a minimum concentration of 50 milligrams per liter (mg/l) (same as parts per
million), shall be placed in the well as required by the American Water Works Association
(AWWA), pursuant to ANST/AWWA C654-87 and the United States Environmental Protection
Agency (EPA).
(j) Unless waived in writing by the landowner, after performing an installation or
repair, the licensed installer shall disinfect the well by:
(1) treating the water in the well casing to provide an average disinfectant residual
to the entire volume of water in the well casing of 50 mg/l. This may be accomplished by
the addition of calcium hypochlorite tablets or sodium hypochlorite solution in the
prescribed amounts;
(2) circulating, to the extent possible, the disinfected water in the well casing and
pump column; and
(3) pumping the well to remove disinfected water for a minimum of 15 minutes.
(4) If calcium hypochlorite (granules or tablets) is used, it is suggested that the
installer dribble the tablets of approximately five-gram (g) size down the casing vent and
wait at least 30 minutes for the tablets to fall through the water and dissolve. If sodium
hypochlorite (liquid solution) is used, care should be taken that the solution reaches all
parts of the well. It is suggested that a tube be used to pipe the solution through the
well-casing vent so that it reaches the bottom of the well. The tube may then be withdrawn
as the sodium hypochlorite solution is pumped through the tube. After the disinfectant has
been applied, the installer should surge the well at least three times to improve the
mixing and to induce contact of disinfected water with the adjacent aquifer. The installer
should then allow the disinfected water to rest in the casing for at least twelve hours,
but for not more than twenty-four hours. Where possible, the installer should pump the
well for a minimum of 15 minutes after completing the disinfection procedures set forth
above until a zero disinfectant residual is obtained. In wells where bacteriological
contamination is suspected, the installer should inform the well or property owner that
bacteriological testing may be necessary or desirable.
76.1001. Technical Requirements - Standards of Completion for
Water Wells Encountering Undesirable Water or Constituents.
If a water well driller knowingly encounters undesirable water or constituents and the
well is not plugged or made into a completed monitoring well, the licensed well driller
shall see that the well drilled, deepened, or altered is forthwith completed in accordance
with the following:
(1) When undesirable water or constituents are encountered in a water well, the
undesirable water or constituents shall be sealed off and confined to the zone(s) of
origin.
(2) When undesirable water or constituents are encountered in a zone overlying fresh
water, the driller shall case the water well from an adequate depth below the undesirable
water or constituent zone to the land surface to ensure the protection of water quality.
(3) The annular space between the casing and the wall of the borehole shall be
pressured grouted with cement or bentonite grout, an adequate depth below the undesirable
water or constituent zone to the land surface to ensure the protection of groundwater.
Bentonite grout may not be used if a water zone contains chloride water above 1,500 parts
per million (milligrams per liter) or if hydrocarbons are present.
(4) When undesirable water or constituents are encountered in a zone underlying a fresh
water zone, the part of the wellbore opposite the undesirable water or constituent zone
shall be filled with pressured cement or bentonite grout to a height that will prevent the
entrance of the undesirable water or constituents into the water well. Bentonite grout may
not be used if a water zone contains chloride water above 1,500 parts per million
(milligrams per liter) or if hydrocarbons are present.
(5) For class V injection wells which encounter undesirable water or constituents, the
driller must comply with applicable requirements of the Texas Natural Resource
Conservation Commission under 30 TAC, Chapter 331.
76.1002. Technical Requirements - Standards for Wells
Producing Undesirable Water or Constituents.
(a) Wells completed to produce undesirable water or constituents shall be cased to
prevent the mixing of water or constituent zones.
(b) The annular space between the casing and the wall of the borehole shall be
pressured grouted with cement or bentonite grout to the land surface. Bentonite grout may
not be used if a water zone contains chloride water above 1,500 parts per million
(milligrams per liter) or if hydrocarbons are present.
(c) Wells producing undesirable water or constituents shall be completed in such a
manner that will not allow undesirable fluids to flow onto the land surface except when
the Department's authorization is obtained by the landowner or the person(s) having the
well drilled.
76.1003. Technical Requirements - Re-completions.
The landowner shall have the continuing responsibility of insuring that a well does not
allow the commingling of undesirable water or constituents with fresh water through the
wellbore to other porous strata.
(1) If a well is allowing the commingling of undesirable water or constituents and
fresh water or the unwanted loss of water, and the casing in the well cannot be removed
and the well re-completed in accordance with the applicable rules, the casing in the well
shall be perforated and squeeze cemented in a manner that will prevent the commingling or
loss of water. If such a well has no casing then the well shall be cased and cemented, or
plugged in a manner that will prevent such commingling or loss of water.
(2) The Executive Director may direct the landowner to take proper steps to prevent the
commingling of undesirable water or constituents and fresh water, or the unwanted loss of
water.
76.1004. Technical Requirements - Standards for Capping and
Plugging of Wells and Plugging Wells that Penetrate Undesirable Water or Constituent
Zones.
(a) If a well is abandoned or deteriorating, all removable casing shall be removed from
the well and the entire well pressure filled via a tremie pipe with cement from bottom up
to the land surface.
(b) In lieu of the procedure in subsection (a) of this section, the well shall be
pressure filled via a tremie tube with bentonite grout of a minimum 9.1 pounds per gallon
weight followed by a cement plug extending from land surface to a depth of not less than
two feet, or if the well to be plugged has 100 feet or less of standing water the entire
well may be filled with a solid column of 3/8 inch or larger granular sodium bentonite
hydrated at frequent intervals while strictly adhering to the manufacturers recommended
rate and method of application. If a bentonite grout is used, the entire well from not
less than two feet below land surface may be filled with the bentonite grout. The top two
feet above any bentonite grout or granular sodium bentonite shall be filled with cement as
an atmospheric barrier.
(c) Undesirable water or constituents, or the fresh water zone(s) shall be isolated
with cement plugs and the remainder of the wellbore filled with bentonite grout of a
minimum 9.1 weight followed by a cement plug extending from land surface to a depth of not
less than two feet.
(d) Drillers may petition the Department, in writing, for a variance from the methods
stated in subsection (a) of this section. The variance should state in detail, an
alternative method proposed and all conditions applicable to the well that would make the
alternative method preferable to those methods stated in subsection (a) and (b) of this
section.
(e) A non-deteriorated well which contains casing in good condition and is beneficial
to the landowner can be capped with a covering capable of preventing surface pollutants
from entering the well and sustaining weight of at least 400 pounds and constructed in
such a way that the covering cannot be easily removed by hand.
76.1005. Technical Requirements - Standards for Water Wells
(drilled before June 1, 1983).
(a) Wells drilled prior to June 1, 1983, unless abandoned, shall be grand fathered from
this chapter without further modification unless the well is found to be a threat to
public health and safety or to water quality. The following will be considered a threat to
public health and safety or to groundwater quality:
(1) Annular space around the well casing is open at or near the land surface;
(2) An unprotected opening into the well casing that is above ground level;
(3) Top of well casing below known flood level and not appropriately sealed;
(4) Deteriorated well casing allowing commingling of aquifers or zones of water of
different quality.
(b) If the annular space around the well casing is not adequately sealed as set forth
in this section, it shall be the responsibility of each licensed driller or licensed pump
installer to inform the landowner that the well is considered to be a deteriorated well
and must be recompleted when repairs are made to the pump or well in accordance with this
chapter, and the following specifications:
(1) The well casing shall be excavated to a minimum depth of four feet and the annular
space shall be filled from ground level to a depth of not less than four feet below the
land surface with cement. In areas of shallow, unconfined groundwater aquifers, the cement
need not be placed below the static water level. In areas of shallow, confined groundwater
aquifers having artesian head, the cement need not be placed below the top of the water
bearing strata.
(2) A cement slab or sealing block shall be placed above the cement around the well at
the ground surface except when a pitless adapter as described in §76.1000(d)(2) of this
title (relating to Technical Requirements - Locations and Standards of Completion for
Wells) or a steel or plastic sleeve as described in §76.1000(d)(1) of this title is used.
(A) The slab or block shall extend laterally at least two feet from the well in all
directions and have a minimum thickness of four inches.
(B) The surface of the slab shall be sloped to drain away from the well.
(C) The top of the casing shall extend a minimum of 12 inches above ground level or 36
inches above known flood prone areas and unprotected openings into the well casing that is
above ground shall be sealed water tight.
(3) If deteriorated well casing is allowing commingling of aquifers or zones of water
of different quality and causing degradation of any water including groundwater, the well
shall be plugged according to §76.1004 of this title (relating to Technical Requirements
- Standards for Capping and Plugging of Wells and Plugging Wells that Penetrate
Undesirable Water or Constituent Zones) or repaired. Procedures for repairs shall be
submitted to the Department for approval prior to implementation.
(c) If a licensed well driller or pump installer finds any of the procedures described
by this section to be inapplicable, unworkable, or inadequate, alternative procedures may
be employed provided that the proposed alternative procedures will prevent injury and
pollution and that the procedures shall be submitted to the Department for approval prior
to their implementation, except for class V injection wells pursuant to 30 TAC, Chapter
331.
(d) Well covers shall be capable of supporting a minimum of 400 pounds and constructed
in such a way that they cannot be easily removed by hand.
(e) This section shall not apply to a public water supply system well.
76.1006. Technical Requirements - Water Distribution and
Delivery Systems.
(a) The licensee shall inform the land owner and well owner that the land owner and
well owner are responsible for complying with the rules and regulations under the
standards set forth in this chapter.
(b) A buried discharge line between the pump discharge and the pressure tank or
pressure system in any installation, including a deep well turbine or a submersible pump,
shall not be under negative pressure at any time. With the exception of jet pumps, a check
valve or an air gap shall be installed in a water line between the well casing and the
pressure tank. Either a check valve or an air gap, as applicable, shall be required on all
irrigation well pumps whenever a pump is installed or repaired. All wells shall have
either a check valve, or an air gap as applicable.
(c) Wells shall be vented with watertight joints except as provided by subsection (b)
of this section.
(1) Watertight joints, where applicable pursuant to the provisions of this rule, shall
terminate at least two feet above the regional flood level or one foot above the
established ground surface or the floor of a pump room or well room, whichever is higher.
(2) The casing vent shall be screened and point downward.
(3) Vents may be offset provided they meet the provisions of this rule.
(4) Toxic or flammable gases, if present, shall be vented from the well. The vent shall
extend to the outside atmosphere above the roof level at a point where the gases will not
produce a hazard.
76.1007. Technical Requirements - Chemical Injection,
Chemigation, and Foreign Substance Systems.
(a) All irrigation distribution systems or water distribution systems into which any
type of chemical (except disinfecting agents) or other foreign substances will be injected
into the water pumped from water wells shall be equipped with an in-line, automatic
quick-closing check valve capable of preventing pollution of the ground water. The
required equipment shall be installed on all systems whenever a pump is installed or
repaired or at the time of a chemical injection, Chemigation or foreign substance unit is
added to a water delivery system or not later than January 1, 2000, if the well has a
chemical injection, Chemigation, or foreign substance unit in the delivery system. The
type of check valve installed shall meet the following specifications:
(b) The body of the check valve shall be constructed of cast iron, stainless steel,
cast aluminum, cast steel, or of a material and design that provides a sturdy integrity to
the unit and is resistant to the foreign substance being injected. All materials shall be
corrosion resistant or coated to prevent corrosion. The valve working pressure rating
shall exceed the highest pressure to which the valve will be subjected.
(c) The check valve shall contain a suitable automatic, quick-closing and tight-sealing
mechanism designed to close at the moment water ceases to flow in the downstream or output
direction. The device shall, by a mechanical force greater than the weight of the closing
device, provide drip-tight closure against reverse flow. Hydraulic back pressure from the
system does not satisfy this requirement.
(d) The check valve construction should allow for easy access for internal and external
inspection and maintenance. All internal parts shall be corrosion resistant. All moving
parts shall be designed to operate without binding, distortion, or misalignment.
(e) The check valve shall be installed in accordance with the manufacturer's
specifications and maintained in a working condition during all times in which any
fertilizer, pesticide, chemical, animal waste, or other foreign substance is injected into
the water system. The check valve shall be installed between the pump discharge and the
point of chemical injection or foreign substance injection.
(f) A vacuum-relief device shall be installed between the pump discharge and the check
valve in such a position and in such a manner that insects, animals, floodwater, or other
pollutants cannot enter the well through the vacuum-relief device. The vacuum-relief
device may be mounted on the inspection port as long as it does not interfere with the
inspection of other anti-pollution devices.
(g) An automatic low pressure drain shall also be installed between the pump discharge
and the check valve in such a position and in such a manner that any fluid which may seep
toward the well around the flapper will automatically flow out of the pump discharge pipe.
The drain must discharge away from rather than flow into the water supply. The drain must
not collect on the ground surface or seep into the soil around the well casing.
(1) The drain shall be at least three-quarter inch in diameter and shall be located on
the bottom of the horizontal pipe between the pump discharge and the check valve.
(2) The drain must be flush with the inside surface of the bottom of the pipe unless
special provisions, such as a dam made downstream of the drain, forces seepage to flow
into the drain.
(3) The outside opening of the drain shall be at least two inches above the grade.
(h) An easily-accessible inspection port shall be located between the pump discharge
and the check valve, and situated so the automatic low pressure drain can be observed
through the port and the flapper can be physically manipulated.
(1) The port shall allow for visual inspection to determine if leakage occurs past the
flapper, seal, seat, and/or any other components of the checking device.
(2) The port shall have a minimum four-inch diameter orifice or viewing area. For
irrigation distribution systems with pipe lines too small to install a four-inch diameter
inspection port, the check valve and other anti-pollution devices shall be mounted with
quick disconnects, flange fittings, dresser couplings, or other fittings that allow for
easy removal of these devices.
(i) Any check valve not fully meeting the specifications set forth in this section may
on request to the Executive Director be considered for a variance.
76.1008. Technical Requirements - Pump Installation.
(a) During any repair or installation of a water well pump, the licensed installer
shall make a reasonable effort to maintain the integrity of ground water and to prevent
contamination by elevating the pump column and fittings, or by other means suitable under
the circumstances.
(b) This section shall include every type of connection device, including but not
limited to, flange connections, hose-clamp connections, and other flexible couplings.
Except as provided by this chapter, a pump shall be constructed so that no unprotected
openings into the interior of the pump or well casing exist.
(1) A hand pump, hand pump head, stand, or similar device shall have a spout, directed
downward.
(2) A power driven pump shall be attached to the casing or approved suction or
discharge line by a closed connection. For the purposes of this section a closed
connection is defined to be a sealed connection.
(c) The provisions of this section relating to the requirement of closed connections
shall not apply to the following types of pumps and pumping equipment:
(1) sucker rod pumps and windmills; and
(2) hand pumps.
(d) A new, repaired, or reconditioned well, or pump installation or repair on a well
used to supply water for human consumption shall be properly disinfected. The landowner
may waive the disinfection process by submitting a written request to the driller or pump
installer.
76.1009. Technical Requirements - Alternative Standards.
(a) If the party having the well drilled, deepened or altered, the licensed well
driller, or the party, landowner or person drilling or plugging the well, finds any of the
procedures prescribed by §76.1004 Technical Requirements - Standards for Capping and
Plugging of Wells and Plugging Wells that Penetrate Undesirable Water or Constituent Zones
and §76.1000 of this title (relating to Technical Requirements - Standards for Capping
and Plugging of Wells and Plugging Wells that Penetrate Undesirable Water or Constituent
Zones) inapplicable, unworkable, or inadequate, combinations of the prescribed procedures
or alternative procedures may be employed, provided that the proposed alternative
procedures will prevent injury and pollution.
(b) Proposals to use combinations of prescribed procedures or alternative procedures
shall be considered application for a variance and must be submitted to the Department for
approval prior to their implementation.
(c) This section shall not apply to a public water system well.
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