Georgia Water Well Standards Act of 1985
12-5-120. Short Title
This part shall be known and may be cited as the "Water Well Standards Act of 1985."
12-5-121. Legislative Intent
It is the intent of the General Assembly to provide in this part for the application of standards for the:
•siting
•construction
•operation
•maintenance
•abandonment of wells and boreholes
so as to protect the public health and the water resources of this state.
12-5-122. Definitions
As used in this part, the term:
(1) "Abandoned well" means a well or borehole, the use of which has been permanently discontinued, which is in such a state of disrepair that continued use for obtaining ground water or for other useful purposes is impracticable, or from which ground water for useful purposes is not obtainable.
(2) "Aquifer" means a geologic formation, group of formations, or a part of a formation that is capable of yielding water to a well.
(3) "Borehole" means a hole made into the earth's surface and extending at least 50 feet into the earth or at least ten feet below the water table, whichever is greater, with a drill, auger, or other tool for the purpose of: exploring subsurface strata in search of minerals, engineering or geologic data, water for water supply, blasting purposes, or monitoring.
(4) "Capping" or "cap" means the temporary placing of a watertight seal on the upper terminal of a completed well so that no surface pollutants can enter the well.
(5) "Casing" means an impervious durable pipe placed in a well to prevent the walls from caving and to seal off surface drainage or undesirable water, gas, or other fluids to prevent them from entering the well and includes specifically, but is not limited to, the following:
(A) "Liner pipe" which shall mean a well casing installed without driving within a protective casing or open drillhole;
(B) "Protective casing" which shall mean the permanent casing of the well; and
(C) "Temporary casing" which shall mean a temporary casing placed in soft, sandy, or caving subsurface formations to prevent the hole from caving during drilling.
(6) "Construction" means all acts necessary to construct a well or borehole for any intended purpose or use, including locating and drilling, but excluding the installation of pumps and pumping equipment.
(7) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water, in excess of naturally occurring levels.
(8) "Corehole" means a borehole made into the earth's surface and extending at least 50 feet into the earth or at least ten feet below the water table, whichever is greater, with a hollow drill to sample a cylindrical section of the earth's strata beneath the surface of the land or water.
(9) "Council" means the State Water Well Standards Advisory Council.
(10) "Dewatering well" means any well withdrawing 100,000 gallons of ground water or less on any one day in order to remove ground water from the vicinity of an excavation and which extends at least 50 feet into the earth or at least ten feet below the water table, whichever is greater.
(11) "Director" means the Director of the Environmental Protection Division of the Department of Natural Resources, State of Georgia, or his designee.
(12) "Division" means the Environmental Protection Division of the Department of Natural Resources, State of Georgia.
(13) "Driller" means any person who engages in drilling or drilling operations.
(14) "Drilling" or "drilling operation" means creating an excavation, well, borehole, or corehole by coring, boring, jetting, digging, driving, or otherwise constructing for any intended purpose or use, including locating, testing, or withdrawing ground water which is intended or usable as a source of water supply.
(15) "Engineering borehole" means a borehole for which the primary purpose is to collect data for engineering design.
(16) "Filled, sealed, and plugged" means the placing of impervious material when appropriate in the well or borehole to prevent pollutants from entering the subsurface strata or water-bearing formations from the surface, to conserve the aquifer yield or artesian head, or to eliminate physical hazards.
(17) "Geologic borehole" means any borehole not regulated under the authority of Part 2 of Article 2 of Chapter 4 of this title for which the primary purpose is to collect data for geologic, geophysical, or mineral resource evaluations.
(18) "Ground water" means water of underground streams, channels, artesian basins, reservoirs, lakes, and other water under the surface of the earth, whether public or private, natural or artificial, which is contained within, flows through, or borders upon this state or any portion thereof, including those portions of the Atlantic Ocean over which the state has jurisdiction.
(19) "Individual water well" means any well constructed for the purpose of obtaining ground water to supply water appurtenant to a single-family dwelling and intended for domestic use, including, but not limited to, household purposes, farm livestock, or gardens.
(20) "Industrial well" means any well constructed for the purpose of withdrawing 100,000 gallons of ground water or less on any one day for processing or cooling water or for purposes other than drinking water.
(21) "Irrigation well" means any well constructed for the purpose of obtaining ground water to supply irrigation water for agriculture, silviculture, golf courses, fish farms, and land beautification, but excluding single-family irrigation of lawns or gardens.
(22) "Monitoring well" means any well for which the primary purpose is to collect data for hydrologic, geohydrologic, or ground water quality or quantity evaluations.
(23) "Nonpublic water well" means any well constructed as a source of water supply for a water system which provides piped water to the public for human consumption, if such system has less than 15 service connections or regularly serves less than 25 individuals, excluding individual water wells.
(24) "Person" means any individual, partnership, association, trust, firm, corporation, county, municipality, or other entity, including the state and the federal government.
(25) "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial wastes, municipal wastes, agricultural wastes, or any other wastes or substances that do not naturally occur in the aquifer.
(26) "Professional engineer" means a person registered to practice professional engineering in the State of Georgia in accordance with Chapter 15 of Title 43.
(27) "Professional geologist" means a person registered to practice as a geologist in the State of Georgia in accordance with Chapter 19 of Title 43.
(28) "Seismic shot hole" means any borehole in which explosives are detonated for the purpose of seismic investigations.
(29) "Under the direction of a professional geologist or professional engineer" means that a professional geologist or professional engineer has reviewed well or borehole drilling, construction, and abandonment plans or criteria and has provided instructions to the driller as to how the well or borehole is to be drilled, constructed, or abandoned.
(30) "Water table" means, exclusive of perched conditions, the shallowest permanent occurrence of ground water.
(31) "Water well" means any excavation which is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing ground water and which is intended or usable as a source of water supply for individual homes, farms, irrigation, industrial processes, public water systems, or nonpublic water systems.
(32) "Water well contractor" means any person engaging in the business of constructing water wells.
(33) "Well" means any excavation in which the vertical dimension exceeds the horizontal dimension that is
•bored,
•cored,
•drilled,
•dug,
•jetted,
•or otherwise constructed
for the purpose of
•locating,
•testing,
•or withdrawing ground water;
•or for evaluating,
•testing,
•developing,
•draining,
or recharging ground water reservoirs or aquifers;
or for the
•exploration,
•evaluating,
•testing, or
•developing of minerals;
or which causes the movement of water from or into any aquifer or subsurface strata; and shall include engineering and geologic boreholes.
12-5-123. Creation of Council; membership; chair; meetings; majority vote; quorum; director; self-governance; reimbursement for expenses; Attorney General to provide legal services
(a) The State Water Well Standards Advisory Council is created. The council shall be composed of the following:
(1) A member appointed by the Governor from the public at large, who shall not be in any way connected with the well drilling industry.The member representing the public on July 1, 1985, shall continue to serve in this position from July 1, 1985, to July 1, 1986;
(2) A member appointed by the commissioner of natural resources;
(3) A member appointed by the Governor representing the farming industry;
(4) Four members representing the water well drilling industry appointed by the Governor.The members who are water well drillers serving on July 1, 1985, shall continue to serve in these positions from July 1, 1985, to July 1, 1986; and
(5) A member appointed by the Governor who is a registered professional geologist or registered professional engineer.
(b) Each member shall be appointed for a term of three years, and the Governor shall fill any vacancy in the council, except for the member appointed by the commissioner of natural resources, with each successor appointed in the same manner as his predecessor.
(c) At the first meeting of the council held in each calendar year, the council shall elect a chairperson who shall serve for one year, adopt rules of procedure, and develop a work plan. The chairperson may be reelected in subsequent years by the council. A vacancy in the position of chairperson shall be filled by vote of the council.
(d) The council shall meet at such times and at such designated places as it may determine but shall hold at least two regular meetings each year. An affirmative vote of a majority of the members present shall be necessary to transact business.Four members shall constitute a quorum.
(e) The director or his designee shall be the secretary of the council and, in addition to his duties as prescribed by law, shall perform such other administrative duties as may be prescribed by the council. Except as provided in this part, the council shall provide by rule and regulation for its own government. Members of the council shall serve without compensation but shall receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any councilmember shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his duties as a councilmember.For each day's service outside of the state as a councilmember, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the council are subject to approval of the director or his designee.
(f) The Attorney General shall provide legal services for the council.
12-5-124. Powers and Duties of the Council
In carrying out this part, the council shall have the following powers and duties:
(1) To adopt and amend rules and regulations which may be reasonably necessary to govern the licensing of water well contractors and the regulation of proceedings before the council. The council and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act";
(2) To pay into the state treasury all fees and moneys received by it;
(3) To adopt and have an official seal;
(4) To set the amount of all fees required by this part;
(5) To license water well contractors and water well contractor trainees;
(6) To review the effect and practicality of standards set up in this part and recommend to the General Assembly adjustments and changes to achieve the purposes of this part;
(7) To review and recommend to the General Assembly any legislation which would improve the quality of relations between the water well drilling industry and the public; and
(8) To conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance with any provisions of this part and any rules and regulations promulgated pursuant to this part that relate to water wells.
12-5-125. License requirement; drilling under direction of professional geologist or engineer
Except as provided in subsection (f) of Code Section 12-5-127, no person shall drill a water well without first having a water well contractor's license issued by the council.No person, including licensed water well contractors, shall drill any other kind of well, borehole, or corehole unless such person is acting under the direction of a professional geologist or a professional engineer.
12-5-126. Director as administrative agent; administrative duties of division; orders, notices, and processes.
(a) The director or his designee shall act as the administrative agent for the council.
(b) The division shall have the duty to bring together and keep all records of the council; to receive all applications for licenses; to schedule a time and place for examinations, with the consent of the council; to schedule a time and place for all hearings; to issue certificates upon authority of the council; and to collect all fees and to remit them to the state treasury.
(c) All orders and processes of the council shall be signed and attested by the director or his designee, and any notice or legal process necessary to be served upon the council may be served upon the director.
12-5-127.Licensing of water well contractors generally; applications for trainee licenses
(a) Any person desiring to engage in the business of water well construction in this state shall apply to the council for a license as a water well contractor.All such applications shall be made on forms provided by the division and shall be accompanied by a fee to be prescribed by the council.
(b) An applicant for a license as a water well contractor shall be required to
•have two years' experience working in the water well construction business under a licensed water well contractor and
•shall be required to pass an examination administered by the council.The examination may be written, oral, or practical work, or any combination of the three. The examination shall relate to the applicant's knowledge of basic ground water, basic well construction, and the general contents of this part.
(c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting certified affidavits from one or more licensed water well contractors that the applicant has had at least two years of full-time water well construction experience. If the required experience was obtained under two or more licensed water well contractors, then a certified affidavit specifying exact dates of such experience shall be required from each licensed contractor. In lieu of the method described above, an applicant may present other proof satisfactory to the council of two years' experience constructing water wells.
(d) Any person wishing to engage in the water well construction business shall designate himself or at least one partner, officer, or full-time employee to fulfill the above requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a license under this part, and such license shall cover water well construction activities for which the person is responsible and so licensed. The partners, officers, and employees of the person shall be allowed to engage in the activities covered by the license if the individual who fulfilled the licensing requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose.Any such license shall be valid so long as the designated partner, officer, or full-time employee is associated with the licensee or until it otherwise expires.
(e) Reciprocity. The council, upon application, may issue an appropriate license to any person who holds a similar license in any state, territory, or possession of the United States, if the requirements for the license do not conflict with this part and are of a standard not less than that specified by this part and by rules and regulations promulgated under this part; provided, however, that such other state, territory, or possession grants similar reciprocity to license holders in this state.
(f) Nothing in this Code section shall be construed to require the registration of a person who constructs a well on his own or leased property intended for use only in a single-family house which is his permanent residence or intended for use only for farming purposes on his farm, which well produces less than 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his own.
(g) The State of Georgia preempts the field of licensing water well contractors. Licenses issued by the council shall authorize bona fide holders thereof to engage in the business authorized by such licenses anywhere within the territorial limits of the state.No provision of this part shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any business license fee, registration fee, tax, or gross receipt tax on any profession covered by this part or upon any related profession or anyone engaged in any related profession governed by this part.
(h) Any person desiring to engage in the business of water well construction and not meeting the requirements for licensing as a water well contractor may apply to the council for a license as a water well contractor trainee.An applicant for a trainee license shall be required to pass an examination approved by the council. The examination may be written or oral and shall relate to the applicant's knowledge of basic ground water and basic well construction. Upon satisfactory completion of at least two years' experience under the direct supervision of a licensed water well contractor, the trainee may apply for a license as a water well contractor and shall be required to pass an examination approved by the council.
(i)(1) Beginning July 1, 1995, the council shall be authorized to require persons seeking renewal of licenses under this Code section to complete continuing education of not more than four hours annually. The council may provide courses and shall approve such courses offered by the division, institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to water well construction or standards provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, environmental protection, ground-water geology, technological advances, business management, or government regulation. Continuing education courses shall be designed for water well contractors having variable educational backgrounds.Courses or programs conducted by manufacturers specifically to promote their products shall not be approved.
(2) All provisions of this subsection relating to continuing professional education shall be administered by the council.
(3) The council shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the council deems appropriate.
(4) This Code section shall apply to each licensing and renewal cycle which begins after the 1993-1994 renewal.
12-5-128. Contents of license; display
(a) The licenses granted under Code Section 12-5-127 shall contain the name of the contractor, date of issuance, expiration date, license number, and the official designation or symbol of the council, together with the signatures of the council chairman and the chief administrative officer of the council. This license shall be displayed in a conspicuous place at the operator's principal place of business.
(b) All rigs and commercial vehicles used by water well contractors in well construction operations shall prominently display on each rig or vehicle
•the name of the contractor
•and shall likewise display the appropriate water well contractor's license number.
12-5-129. Suspension and revocation of licenses; hearings reissuance of revoked licenses; injunction; cessation of well operation; seizure of equipment.
(a) The council shall suspend or revoke a license upon a finding of one or more of the following grounds:
(1) Material misstatement in the application for license;
(2) Willful disregard or violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this part;
(3) Willfully aiding or abetting another in the violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells;
(4) Incompetency in the performance of the work of a water well contractor;
(5) Making substantial misrepresentations or false promises in connection with the occupation of a water well contractor; and
(6) Failure to provide and maintain on file at all times with the director a performance bond or irrevocable letter of credit as required by Code Section 12-5-135.
(b) The council shall have power and authority to hear and determine all complaints of violations of this part and the regulations pursuant thereto, filed with the council by any interested party, after first giving the person against whom the complaint is filed at least ten days' written notice of the time and place of hearing, together with a copy of the complaint filed against such person. Hearings will be conducted according to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." If, upon the hearing, the council deems such complaint meritorious, the council may, in its discretion, suspend or revoke the license of the person against whom the complaint is filed or may allow the person a reasonable time in which to meet and correct the complaint of the objecting party. Suspensions or revocations of licenses shall be conducted according to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(c) The council, by majority vote of the quorum, may reissue a license to any person whose license has been revoked upon written application to the council by the applicant, showing good cause to justify the reissuance.
(d) Whenever it shall appear to the council that any person is or has been violating any provisions of this part or any of the lawful rules, regulations, or orders of the council, the council or the appropriate district attorney may file a petition for injunction in the appropriate superior court of this state against such person, for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy which the council has and shall be in addition to any right of criminal prosecution provided by law.
(e) The director shall be authorized to order the cessation of operation of any well operated in violation of this part and the seizure of all drilling equipment used in such drilling operation; provided, however, that the operator of any such drilling operation shall be afforded a hearing before the administrative law judge of the Department of Natural Resources on such order of the director within 48 hours.
12-5-130. Expiration and renewal of licenses; replacement of lost, destroyed, or mutilated licenses
All licenses expire biennially. All applications for renewal shall be filed with the division prior to the expiration date, accompanied by a renewal fee prescribed by the council. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed, or mutilated may be issued, subject to the rules of the council and payment of a fee set by the council.
12-5-131. Notifying contractors of changes in rules and regulations
The council may from time to time amend its rules and regulations governing water well contractors. The council will notify each water well contractor on the official list of licensed water well contractors of any changes in the rules and regulations prior to the effective date of the changes. This notification or lack thereof will in no way affect the effective date of the changes in the rules and regulations.
12-5-132. Effect of part
(a) Nothing in this part shall affect oil and gas drilling operations covered by Part 2 of Article 2 of Chapter 4 of this title.
(b) Nothing in this part shall affect the regulation of ground-water use by the division pursuant to Part 2 of this article.
12-5-133.Penalty; confiscation of equipment
Any person who engages in or follows the business or occupation of, or advertises, holds himself out, or acts, temporarily or otherwise, as a water well contractor without having first secured the required license or renewal thereof or any person who otherwise violates any provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. Each day during which such violation exists or continues shall constitute a separate offense. In addition to or in lieu of any fine imposed for acting without the required license, any person violating any provision of this part may have his drilling rigs and commercial vehicles confiscated in accordance with Code Section 12-5-137.
12-5-134. Standards for wells and boreholes
The following standards shall apply to all wells and boreholes:
(1) In the case of individual and nonpublic water wells:
(A)(i) The well should be located as far removed, and in a direction opposite to the ground-water flow, from known or potential sources of pollutants as the general layout of the premises and surroundings permits; however, prior to actual construction, the water well contractor shall notify the county health department of the intent to drill a water well, providing such information as is required on forms prepared by the council. The well shall not be located in areas subject to flooding unless the well casing extends at least two feet above the level of the highest known flood of record. Except as otherwise provided in division (ii) of this subparagraph, all new wells must be located at least the following horizontal distances from the following structures:
(I) Not less than ten (10) feet from a sewer line;
(II) Not less than 50 feet from a septic tank;
(III) Not less than 100 feet from a septic tank absorption field;
(IV) Not less than 150 feet from a cesspool or seepage pit; and
(V) Not less than 100 feet from an animal or fowl enclosure.
(ii) Any property owner may apply to the health department for a variance of the distances cited in this subparagraph due to extenuating circumstances.The owner shall provide for the health department written information explaining the need for a variance.The health department, upon considering the information provided and any other information it deems necessary, may issue a variance;
(B) Every well shall be protected against surface runoff;
(C) Every well shall be located so it will be accessible for cleaning, treatment, repair, testing, inspection, and such other maintenance as may be necessary;
(D) Water-bearing formations that are or are likely to be polluted shall be sealed off;
(E) No material shall be used in the well that will result in the delivered water being hazardous, toxic, or having objectionable taste or odor;
(F) Materials that are to be a part of the permanent well shall be durable and sufficient to protect the well against structural deficiencies during and after the construction and against the entrance of pollutants during the expected life of the well;
(G) The casing and liner pipe joints shall be watertight to the point of maximum drawdown in bored or driven wells and the entire length of the casing in drilled wells;
(H) The alignment in a drilled well shall be such that the installation and operation of the pump will not be impaired;
(I) All drill cuttings and other materials shall be removed from the entire depth of the well and the well shall be disinfected;
(J) The upper terminal of the well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well;
(K) Any existing abandoned well or borehole shall be filled, sealed, and plugged by the present owner;
(L) The drilling contractor shall maintain in his office and shall furnish the owner a copy of the well construction data within 30 days of the well completion.The data shall include: total depth of well, borehole diameter, casing depth, size and type of casing material, grouting information, static water level, pumping water level and yield if test pumped, confirmation of well disinfection and description of method used for disinfection, dates of well construction, name of contractor, and water well contractor's license number;
(M) A well having an open annular space between the casing and borehole shall be grouted and shall be filled with neat or sand-cement grout or other impervious material to prevent the entrance of pollutants or contaminants to the well.The following shall be considered minimum depths of seal below ground surface:
(i) Individual wells -- ten feet;
(ii) Nonpublic wells -- 25 feet in igneous or metamorphic rock; and
(iii) Nonpublic wells -- 50 feet in sedimentary rock.
For large diameter water wells cased with concrete pipe or other acceptable casing material, if the casing joints are not sealed, the annular space shall be grouted as specified above, and the annular space below the grout shall be filled with sand or gravel;
(N) All permanent casing, liners, and other manufactured material used in the well installation shall be new, unless otherwise approved in writing by the owner, and adequate to protect the well against entrance of pollutants or contaminants during the expected life of the well.The casing material shall be of steel, plastic, or concrete and meet nationally accepted standards for well casing. Sewer pipe shall not be used for individual or nonpublic water supply wells;
(O) The well screen, when used, shall be of a standard design and manufactured specifically for the purpose of the well construction, shall be of a strength to satisfactorily withstand chemical and physical forces applied to it during and after installation, shall be designed to permit optimum development of the aquifer with minimum head loss consistent with the intended use of the well, shall have openings designed to prevent clogging or jamming, and multiscreened wells shall not connect aquifers or zones which have differences in water quality that would result in deterioration of the water quality in any aquifer or zone;
(P) All gravel placed in a well to be used as a source of drinking water shall be clean, washed, free of organic matter, disinfected prior to emplacement, or provisions made for disinfection in place. The gravel pack material should consist mainly of silicious, well-rounded, smooth, uniform grain particles and of such size to prevent the formation material from entering the well;
(Q) All individual and nonpublic wells producing water for drinking or food processing shall be disinfected following construction, repair, or when work is done on the pump, before the well is placed in service.The well and pumping equipment shall be disinfected with chlorine applied so that a concentration of at least 50 parts per million of chlorine shall be obtained in all parts of the well with a minimum contact period of two hours before pumping the well; and
(R) All individual and nonpublic wells shall be curbed at the surface by the owner with a watertight curbing of concrete at least four inches thick and extending at least two feet in all directions from the well casing and sloping away from the casing;
(2) All water wells constructed as sources of public water supply for a public water system as defined in Part 5 of this article, the "Georgia Safe Drinking Water Act of 1977," shall be constructed in accordance with the standards and rules and regulations established pursuant to said part;
(3) Irrigation wells shall be constructed in accordance with the standards established for individual and nonpublic wells except that the well does not require disinfection.The minimum depth of the grout seal shall be at least 20 feet below ground surface. Irrigation wells having casing of internal diameter of more than four inches and capable of producing 100,000 gallons of water per day or more shall be constructed only after the division has issued a letter of concurrence or a permit to the landowner;
(4) Industrial wells shall be constructed in accordance with the standards established for individual and nonpublic wells. The minimum depth of the grout seal shall be the same as for nonpublic wells;
(5)(A) Wells and boreholes other than water wells shall be constructed:
(i) So that no toxic or hazardous material is used in or introduced to the borehole;
(ii) So that water-bearing formations that are, or are likely to be, polluted shall be sealed off; and
(iii) To prevent water of different qualities from migrating between zones or aquifers.
(B) Engineering boreholes shall be constructed under the direction of a professional engineer.
(C) Geologic boreholes shall be constructed under the direction of a professional engineer or a professional geologist.
(D) Monitoring wells shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements:
(i) Well casing and well screens that are part of the monitoring well shall be durable and sufficient to protect the well against structural deficiencies during the construction and during the expected life of the well;
(ii) The upper terminal of the monitoring well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well;
(iii) All casing and liner pipe joints shall be watertight for the entire length of the casing;
(iv) The annular space around the well casing shall be grouted with impervious materials to prevent the entrance of interformational pollutants after due consideration of the local soil conditions, local geology, and the intended use of the well;
(v) The alignment of the well is such that the well may be pumped or sampled;
(vi) All drilling equipment and tools shall be washed and steam cleaned immediately upon completion of any monitoring well located within 1,000 feet of any operating or abandoned sanitary landfill or hazardous materials facility or within 1,000 feet of any area where hazardous materials are known or believed to have been deposited, spilled, or discharged; and
(vii) At least once every five years, the owner of the property on which a monitoring well is constructed shall have the monitoring well inspected by a professional engineer or professional geologist, who shall direct appropriate remedial corrective work to be performed if the well does not conform to standards.
(E) Dewatering wells to be constructed for the purpose of withdrawing 100,000 gallons or less of ground water on any one day shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements:
(i) Well casing and well screens that are a part of the dewatering well shall be durable and sufficient to protect the well against structural deficiencies during the construction and against entrance of pollutants during the expected life of the well;
(ii) The upper terminal of the dewatering well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well;
(iii) All casing and liner pipe joints shall be watertight for the entire length of the casing;
(iv) The annular space around the well casing shall be grouted with impervious materials to prevent the entrance of interformational pollutants after due consideration of the local soil conditions and local geology; provided, however, that such grouting shall not be required if dewatering is to be accomplished by well points or a well point field;
(v) The alignment of the well shall be such that the installation and operation of the pump will not be impaired; and
(vi) The dewatering well shall be pumped in a manner and rate to prevent significant loss of strength of nearby soil and rock.
(F) Seismic shot holes shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements:
(i) Exclusive of explosives, no toxic or hazardous materials shall be used in or introduced to the shot hole;
(ii) Materials that are to be a part of the seismic shot hole shall be durable and sufficient to protect the seismic shot hole against structural deficiencies during the construction and against entrance of pollutants during the expected life of the seismic shot hole;
(iii) Prior to being charged with explosives, seismic shot holes shall contain temporary seals adequate to prevent the entrance of pollutants to any aquifer;
(iv) Seismic shot holes shall not be charged with explosives more than 24 hours prior to detonation; and
(v) In the event explosives are not detonated within one year after reaching total depth, the seismic shot hole shall have all temporary seals removed and be completely plugged with impervious materials to prevent the entrance of pollutants to any aquifer; and
(6)(A) A water well shall be considered as temporarily abandoned when its use has been interrupted for a period of more than one year and not more than three years.Such a well shall be sealed and the well maintained whereby it is not a source or a channel of contamination or pollution when not in service.
(B) A water well shall be considered as permanently abandoned when its service has been interrupted for a period of more than three years or it meets the definition of abandoned well as defined in this part.Such a well shall be filled, sealed, and plugged.
(C) Whenever a well or borehole is excavated for the exploration, testing, or use as a source of water supply but is no longer used for that purpose, it shall be the owner's responsibility to have the borehole filled, sealed, and plugged within 30 days of the excavation or disuse to protect against the entrance of pollutants into the subsurface.
(D) No abandoned water well or borehole shall be used for the purpose of disposing of any wastes or pollutants that may contaminate the ground water.
(E) All engineering boreholes, regardless of the depth limitations defined in paragraphs (3) and (8) of Code Section 12-5-122, which are located on property which is being used or is proposed to be used for the storage, manufacture, or processing of petroleum products, hazardous materials, hazardous wastes, industrial or municipal waste water, brines, or any other chemical substances, must be completely filled, sealed, and plugged within 30 days after the total depth is reached. Engineering boreholes which are in locations scheduled to be excavated, covered with pavement, or covered by the concrete foundation or basement of a building within two years after drilling need not be filled, sealed, and plugged. All other engineering boreholes must be filled, sealed, and plugged within 90 days after the total depth is reached. It shall be the responsibility of the person in charge of the borehole construction to ensure proper abandonment.
(F) Geologic boreholes which are in locations scheduled to be mined within two years after drilling need not be filled, sealed, and plugged. Other geologic boreholes shall be filled, sealed, and plugged within 30 days after drilling. It shall be the responsibility of the person in charge of borehole construction to ensure proper abandonment.
(G) Monitoring wells shall meet the requirements of abandonment as defined by this part unless they are declared temporarily abandoned.A monitoring well that is temporarily abandoned shall have a cap placed on it within 15 days of its temporary abandonment.It shall be the responsibility of the owner of the property on which the monitoring well is constructed to ensure proper abandonment of the well.
(H) Seismic shot holes shall be filled, sealed, and plugged within 60 days after the explosives have been detonated.It shall be the responsibility of the person in charge of the shot hole construction to ensure proper abandonment.
(I) Abandoned individual, nonpublic, public, irrigation, and industrial wells shall be filled, sealed, and plugged by a water well contractor licensed by the council.
(J) Abandoned engineering boreholes, geologic boreholes, dewatering wells, monitoring wells, and seismic shot holes shall be filled, sealed, and plugged under the direction of a registered professional geologist or registered professional engineer.
12-5-135. Requirement of bond or letter of credit
(a) A performance bond or letter of credit shall be provided to the director by any water well contractor or driller for the conduct of drilling operations to ensure compliance with the procedures and standards contained in this part.
(b) The bond or letter of credit required in subsection (a) of this Code section shall be:
(1) Conditioned upon faithful compliance with the conditions and terms of this part; and
(2) In such amount as determined by the director to ensure compliance with the procedures and standards contained in this part, but in any event not to exceed $50,000.00.
(c) Such performance bond or letter of credit shall be placed on file with the director in one of the following forms:
(1) A performance bond, payable to the director and issued by an insurance company authorized to issue such bonds in this state; or
(2) An irrevocable letter of credit issued in favor of and payable to the director from a commercial bank or other financial institution approved by the director.
(d) The council shall not issue any new license or renew any old license unless the license application is accompanied by a letter from the director or his designee stating that the applicant's bond or letter of credit is acceptable.Failure to provide an acceptable bond or irrevocable letter of credit shall constitute grounds for denial of the issuance or renewal of a license.
(e) Upon a determination by the director that a water well contractor, driller, or other person responsible for the conduct of the drilling operation has failed to meet the standards as set out in this part, the director may, after written notice of the failure to the contractor, driller, or other person responsible for the conduct of the drilling operation in accordance with subsections (e) and (f) of Code Section 12-5-136:
(1) Forfeit or draw that amount of such bond or letter of credit that the director determines necessary to correct the violations;
(2) Expend such amount for such purposes;
(3) Enter into contracts for such purposes; and
(4) Require the replacement of that amount of such bond or letter of credit forfeited or drawn upon.
(f) If a business has more than one water well contractor, that business, in lieu of obtaining bonds or irrevocable letters of credit for each individual licensee, may substitute a blanket bond or blanket irrevocable letter of credit for all water well contractors within that business.The blanket bond or blanket irrevocable letter of credit shall be payable to the director in an amount not to exceed $50,000.00.
(g) The bond or irrevocable letter of credit provided for in this Code section shall have state-wide application.
(h) Upon delivery of the prescribed bond or irrevocable letter of credit to the director, no other bond or irrevocable letter of credit shall be required of any water well contractor or driller for the purposes of protecting the state or any political subdivision of the state or the citizens thereof from water well contractors or drillers who fail to meet the standards as set out in this part or for any other like purpose required by any department, agency, or instrumentality of the state or a political subdivision thereof.
(i) No bond or irrevocable letter of credit provided for in this Code section shall be accepted by the director from any water well contractor or driller who shall drill any well or borehole for the purpose of injecting any surface water into the floridan aquifer in any county governed by the Georgia coastal zone management program provided by Code Section 12-5-327 after July 1, 1999, and before December 31, 2002.
12-5-136. Compliance with standards and licensing requirements; inspections; actions by director if well not up to standard
(a) All water well contractors or other persons drilling boreholes or coreholes are required to conduct their work in a manner that complies with the well construction standards established in this part and are required to be licensed or acting under the direction of a professional engineer or professional geologist as set forth in Code Section 12-5-125.
(b) The director or designated representatives of the division shall conduct inspections of wells and boreholes of all types to determine compliance with construction standards established in this part. Such inspections may be made in response to requests from the council or from any person who has reason to believe a well or borehole does not comply with the standards.The director may also select wells and boreholes to inspect at random.
(c) The director or designated representatives of the division shall be permitted access in or upon any private or public property at all reasonable times for the purpose of inspecting and investigating conditions of wells, methods of drilling, and records relating to the drilling and abandonment of wells and boreholes.
(d) The director shall report the results of all inspections to the respective driller, contractor, or person responsible for the drilling and to the council.
(e) The director shall notify the driller, contractor, or person responsible for the drilling and the council that a portion of bondedness or line of credit in such amount as necessary to provide corrective action may be assessed if that person does not bring the well or borehole up to the standards described in this part within 30 days.
(f) If a well or borehole is not brought up to the standards described in this part within this 30 day notification period, the director may, upon expiration of the notification period, expend whatever portion of the bond or letter of credit is necessary to hire another contractor to bring the well or borehole up to standards or to construct a new well.
12-5-137. Procedure for confiscation and sale of contraband equipment; defenses
(a) All drilling rigs or commercial vehicles used to drill any well and other equipment used to drill any well by a person who is not a licensed water well contractor or driller or who is not acting under the direction of a professional engineer or professional geologist as required by this part are declared to be contraband subject to forfeiture and confiscation and seizure by any peace officer, who shall forthwith deliver such rigs and equipment to the district attorney whose circuit includes the county in which a seizure is made or to his duly authorized agent within ten days of the seizure.
(b) The district attorney whose circuit includes the county in which the seizure is made, within 30 days after the seizure of any illegal drilling equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons known to have an interest in or right affected by the seizure or sale of such property.A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee, or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published.Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as in other civil cases. Should the drilling equipment be found to be illegal within the sense of this part, the same shall be decreed to be contraband and ordered sold under such terms as the judge in his order may direct. The proceedings arising from such sale shall be applied:
(1) To the payment of proper costs and expenses, including expenses incurred in the seizure;
(2) To the payment of the cost of the court and its officers;
(3) To the payment of any cost incurred in the storage, advertisement, maintenance, or care of such property; and
(4) If any money remains, to the general funds of the county.
(c) Where the owner or lessee of any property seized for purpose of condemnation shall abscond or conceal himself so that the actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is provided in this Code section in the case of an unknown owner or lessee.
(d) All proceedings against any alleged illegal drilling equipment for the purpose of condemnation shall be proceedings in rem against the property, and the property shall be described only in general terms. It is the intent and purpose of the procedure provided by this Code section to provide a civil remedy for the condemnation and sale of contraband property.
(e) Any party at interest may appear, by answer under oath, and make his defense.The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance, or consent, expressed or implied, of the owner, lessee, security interest holder, or lienholder.The holder of any bona fide lien on or security interest in the property shall be protected to the full extent of his lien or security interest, respectively; provided, however, that nothing contained in this Code section shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him.