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Proposed Regulations to support

Manitoba’s New

Groundwater and Water Well Act

Discussion Paper

Manitoba Conservation and Water Stewardship June 30, 2015

June 30, 2015

PROPOSED REGULATIONS

NEW GROUNDWATER AND WATER WELL ACT

Background

The Manitoba government is seeking the public’s input into new regulations to support its

new Groundwater and Water Well Act. The new Act received Royal Assent in June 2012 and will

replace the existing Ground Water and Water Well Act that is over 50 years old. New

regulations will also replace the existing Well Drilling Regulation that is over 45 years old.

The new Groundwater and Water Well Act addresses a number of issues not included in

previous legislation, and also addresses issues where strengthening of legislation is needed to

provide additional protection to groundwater and aquifers. The new Act:

Includes measures to protect groundwater and well owners, and strengthens

legislation governing the construction, maintenance and sealing of wells.

Allows for development of new and improved licensing and standards to protect

groundwater and well owners.

Allows for certification requirements for well drillers, well sealers and pump installers.

Applies to geothermal, geotechnical, monitoring and water supply wells.

Formalizes the process for establishing aquifer management plans for the

management, protection and sustainable use of aquifers.

Enables the development of supporting regulations.

This discussion document, which includes a consultation draft of two supporting

regulations, is being released to provide stakeholders and the public an opportunity to

comment on the proposed legislation. This will ensure it responds to the needs of Manitobans.

More information on the new Groundwater and Water Well Act and supporting

regulations is available on our web site at www.manitoba.ca/waterstewardship/groundwater.

http://web2.gov.mb.ca/laws/statutes/ccsm/g110e.php

http://www.gov.mb.ca/legislature/homepage.html

http://www.manitoba.ca/waterstewardship/groundwater

June 30, 2015

Framework for Regulation

Manitoba Conservation and Water Stewardship has undertaken a thorough review of the

type and extent of regulation needed to support implementation of the new Act. Development

of the regulations has included consultation with various stakeholder groups for input and

feedback on a range of regulatory matters. Draft regulations have been developed, addressing

matters related to the licensing of well drilling contractors, measures for the protection of

groundwater and aquifers, and standards for the construction and sealing of wells.

Two new regulations are being proposed at this time to support the new Groundwater

and Water Well Act. These regulations are essential to bring the Act into effect and consist of:

1) Groundwater and Water Well (General Matters) Regulation; and

2) Well Standards Regulation

The new regulations will:

Provide for the protection and stewardship of Manitoba’s aquifers and groundwater.

Allow for the administration of fair and equitable licensing programs and ensure a

minimum level of competence among well construction and well sealing professionals.

Ensure that the construction, maintenance and sealing of wells meet standards that

protect the environmental quality of Manitoba's aquifers and groundwater and

protect human health and safety.

Allow for greater access to groundwater information.

Provide provisions that address well owners’ responsibilities. Owners will be required

to actively maintain wells while they are in operation, and properly protect or seal

them when no longer being used.

Other matters will require further consultation and consideration before regulatory

measures can be advanced for consultation, including:

the certification of well drillers, well sealers and pump installers;

the requirements for the submission of well construction reports for closed loop

geothermal wells;

the standards for the construction of closed loop geothermal wells;

the standards for the hook-up of wells/installation of pumps for water supply wells.

June 30, 2015

Proposed New Regulation

An overview of the two supporting regulations for The Groundwater and Water Well Act is

provided below. In addition, full details of both regulations are attached as consultation drafts.

Groundwater and Water Well (General Matters) Regulation

The Groundwater and Water Well (General Matters) Regulation will deal with matters such as specifying classes of well drilling contractors, licensing of well drilling contractors, liability insurance, contamination found during the construction or sealing of wells, permits, well construction and well sealing reports, and availability of groundwater information.

Classes of well drilling contractors

Four classes of well drilling contractors are proposed. The classes, their authorized

activities and proposed licence and renewal fees are provided below.

Class of Well Drilling Contractor

Authorized Activities Licence Fee/ Renewal Fee

Class 1 (water well)

construct – using well drilling equipment – the following types of wells (unless otherwise specified in a licence): test wells monitoring wells production wells dewatering wells open loop geothermal wells closed loop geothermal wells flowing artesian wells geotechnical wells injection wells

$100

Class 2 (closed loop geothermal)

construct closed loop geothermal wells

$100

Class 3 (well digging)

construct – by means of digging with non-powered equipment, a backhoe or a power shovel – the following types of wells (unless otherwise specified in a licence): test wells monitoring wells production wells dewatering wells geotechnical wells

$50

Class 4 (other well construction)

construct a type of well described in a licence, by the methods or with the equipment specified in the licence (such as a sand point well)

$50

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The classes of well drilling contractors are based on the need for legislation to apply to all

types of water supply wells, including dug and sand point wells, wells constructed to serve the

geothermal industry, geotechnical wells to serve the construction industry, and monitoring

wells to serve the environmental sector. The construction of closed loop geothermal wells is

included under both Class 1 and Class 2. This will allow traditional water well drilling

contractors, as well as specific closed loop geothermal well drilling contractors, the ability to

construct this type of well under their respective class. A contractor under either Class 1 or

Class 2 will be required to adhere to future certification requirements and standards developed

for the construction of closed loop geothermal wells.

Licensing of Well Drilling Contractors

Provincial licensing requirements under the existing Ground Water and Water Well Act

apply only to companies that drill test holes or wells for the purpose of obtaining groundwater

or scientific data on groundwater, whether water is obtained or not. Licensing does not apply to

other types of wells that might pose a potential risk to groundwater resources and human

health, if not constructed to an acceptable standard. Licensing requirements under the new Act

will be extended to all four classes of well drilling contractors described above. Once fully

implemented, requirements for licensing of well drilling contractors will include:

Application for a licence and annual renewal of the licence – an applicant will be

required to provide information as specified on an application form and pay licence or

license renewal fees as prescribed in the regulation.

Liability insurance with a minimum coverage limit of $2 million per claim.

The Groundwater Management Section of Manitoba Conservation and Water Stewardship

will continue to administrate the licensing of well drilling contractors.

Contamination Found During Construction or Sealing

The regulation will include measures to protect groundwater and aquifers from

contamination. Ex: if, during the construction or sealing of a test hole or well, contamination or

suspected contamination of groundwater or soil adjacent to groundwater is found, the person

performing the work must immediately:

(a) stop the construction or sealing of the well or test hole; and

(b) report the finding of contamination or suspected contamination by calling Manitoba’s

emergency response office at 204-944-4888.

No person shall resume constructing a well or test hole unless authorized by the director, a well

drilling officer or an environment officer appointed under The Environment Act.

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The requirements of (a) and (b) above do not apply in respect to the construction or

sealing of an environmental well or environmental test hole.

Note: "environmental well" means a monitoring well used for the purpose of obtaining

information on soil or groundwater contamination, or for remediation of contaminated

groundwater. The term "environmental test hole" has a corresponding meaning.

Permits

Permits will be required for the construction and sealing of an injection well. Permits may

also be required to do any work in relation to the construction or sealing of a well or a test hole

in an area designated by the regulation as a sensitive groundwater area. An application for a

permit must be made in writing to the director. At this time, there are no sensitive groundwater

areas designated or proposed by regulation under the new Groundwater and Water Well Act.

Note: An injection well means a well constructed for the purpose of

(a) disposing of saline or waste water; or

(b) injecting water into an aquifer for storage or any other purpose;

but does not include an open loop geothermal well or wells subject to the Oil and Gas

Act and Regulations.

The new Groundwater and Water Well Act does not affect the requirement for permits for

the drilling, modification or abandonment of wells in the Rockwood Sensitive Area. This

requirement continues to be regulated under the Rockwood Sensitive Area Regulation of The

Environment Act.

Well Construction and Well Sealing Reports

Under this regulation, any person who constructs a well or test hole, or seals or partially

seals a well or test hole, will have to prepare a report and provide a copy of it to the owner of

the land on which the well or test hole is located and to the Groundwater Management Section

within 45 days after the completion of the construction or sealing. This requirement will be

strongly enforced, as it was a major concern identified in the 2005 Office of the Auditor

General’s Report on “The Protection of Well Water Quality in Manitoba”. Well construction and

sealing report forms will be provided by the Groundwater Management Section of Manitoba

Conservation and Water Stewardship.

June 30, 2015

Submission of well construction or well sealing reports will not be required for the

construction or sealing of an environmental well or test hole, or a geotechnical well or test

hole, unless:

(a) the well or test hole intersects an aquifer;

(b) the depth of the well or test hole exceeds 30 m (98.4 ft); or

(c) the well or test hole encounters bedrock.

Typically, the design of, and information collected from wells and test holes constructed for environmental and geotechnical work, are dealt with by professionals within Manitoba Conservation and Water Stewardship or Manitoba’s consulting engineering and geosciences sector. Any person constructing or sealing an environmental or geotechnical well will be required to adhere to any construction or sealing standards specified by regulation. The criteria for submission of a well construction or well sealing report under (a), (b) or (c) above will allow collection of data for wells completed in aquifers and for the collection of specific information to aid in the understanding of geologic and hydrogeologic conditions in Manitoba. This will exclude many reports from environmental and geotechnical wells that pose little risk to groundwater and aquifers, and the unnecessary collection of redundant information from these types of wells.

The requirement for the submission of well construction reports for closed loop

geothermal wells is also excluded, until such time that further consultation can be completed to

establish the need and requirements for such reporting. Subsequently, any proposed regulatory

measures will be addressed in future regulation development under the new Act.

Availability of Groundwater Information

The regulation will also formalize the sharing of information on groundwater and aquifers.

The regulation indicates that the following information can be made available to the public,

including in electronic form:

(a) information from well construction and well sealing reports obtained under the

existing or previous Act; and

(b) well construction or sealing reports, well logs, or any other information relating to a

well, a test hole or groundwater that has been obtained by the director, other than

under clause (a).

June 30, 2015

Well Standards Regulation

The Well Standards Regulation will deal with standards related to the construction and

sealing of all wells and standards specific to the construction and sealing of water wells.

Standards for the construction of closed loop geothermal wells will be addressed in future

regulation development under the new Act.

General Construction and Sealing Requirements

New standards are proposed for the construction and sealing of all wells to provide protection of aquifers and groundwater. Standards include:

Preventing the interconnection and mixing of groundwater having distinctively

different characteristics within the same aquifer or different aquifers. Without limiting

the generality of this requirement, it will specifically require that:

o a well or test hole must not be constructed or sealed in a manner that allows the

interconnection or mixing of groundwater between the Winnipeg Formation and

any overlying aquifer including aquifers within the Stonewall, Stony Mountain or

Red River Formations.

This measure is needed to help curb the degradation of water quality and hydraulic head conditions in the carbonate and sandstone aquifers within these formations.

Requirements for assessing flowing artesian conditions of an area before beginning

the construction or sealing of a well or test hole, and undertaking construction and

sealing in a manner that allows control of flow from a well or test hole.

The province is currently updating its “Flowing Well Areas” map, which in addition to

its GWDrill data base of information, will be available as useful tools in assessing

flowing artesian conditions.

Note: "flowing artesian well" means a well in which water rises above the surface of the

ground, either continuously or intermittently. The term "flowing artesian test hole" has

a corresponding meaning.

Ensuring that a well or test hole, if left unattended during construction or sealing, is

covered or otherwise secure in a manner sufficient to prevent the entry of surface

water or any other substance or material into it, and ensure that human health and

safety are not at risk.

Requirements for the type of materials and additives used in the construction, sealing,

rehabilitation, maintenance or servicing of a well – this measure will ensure minimum

and consistent standards for the types of materials and additives used in these

different activities. There is also a requirement to report the types and quantities of

June 30, 2015

materials or additives used in these activities – this information is often required when

assessing a well construction, sealing or water quality related problem, and ensuring

that all components of a water well are meant for potable water use.

Requirements for the type of source water used in the construction, sealing,

rehabilitation, maintenance or servicing of test holes and wells for domestic purposes

and other uses. For example, only water from a licenced public water system or semi-

public water system, or from a groundwater source that is chlorinated, can be used for

the construction of a well for domestic purposes. Also, the water used in the

construction must contain a minimum 10 mg/L free chlorine at all times, except as

specified in the draft regulation. These requirements are proposed to minimize the

introduction of contamination into a well or aquifer, and to minimize risk to human

health.

Note: "free chlorine" means chlorine, excluding combined chlorine, that remains in water after

disinfection has occurred.

Identifying conditions subject to the immediate sealing of a well or test hole.

Specifying a process, upon which a variation to the regulation may be sought

respecting the construction or sealing of a test hole or well.

Well Construction

New standards are proposed for the construction of new wells (excluding closed loop

geothermal wells which will be addressed during future regulation development). Standards

include:

The requirement for minimum setback distances for property boundaries, human

graves and potential sources of contamination including sewage disposal, livestock

manure, waste disposal grounds, fuel storage tanks and pesticide and fertilizer storage

areas (refer to the Schedule in the draft regulation). The setback distances specified

for sewage disposal, livestock manure and waste disposal grounds are complementary

to those specified in the applicable regulation under The Environment Act.

Prohibition of well pits for wells that produce water for domestic purposes.

Specific requirements for materials (including, but not limited to well casings, well

liners, well screens, well covers and backfill material) and additives (including, but not

limited to clays, polymers, surfactants, disinfection products and acids) used in the

construction, rehabilitation and sealing of wells, for extending the top of a well casing,

for mounting hand pumps and hydrants, and for venting wells. For example, materials

and additives must meet or exceed any specifications set out for that material or

June 30, 2015

additive by the Canadian Standards Association (CSA), the American Society for

Testing and Materials (ASTM) or the National Sanitation Foundation (NSF).

Minimum requirements for depth of a well casing, such that the casing of a well —

other than a monitoring well or a geotechnical well — must extend to a depth of at

least 6 metres (20 feet) below the surface of the ground, unless the only useful aquifer

available necessitates a shallower depth for the well casing. This measure, along with

sealing requirements for the annular space, will help prevent the rapid downward

movement of surface water or other substances into a well.

Note: "annular space" means an open space between a casing or well screen and the hole used

to construct the well, and includes space between overlapping casings within the well.

A minimum requirement for well casing stick-up, such that a well casing must extend

not less than 30 cm (1 foot) above any finished surface or the established ground

surface when the well is completed. Exclusions apply, as specified in the draft

regulation.

A requirement that a flow control device must be installed on a flowing artesian well.

The device must be capable of stopping the discharge of water from within the well

casing, and withstanding the freezing of water in the well casing.

A requirement that the annular space outside a well casing must not be less than 25

mm (1-inch) in width, excluding wells for which the construction method does not

create an annular space.

Standards for the type and placement of material that must be used to backfill an

annular space surrounding a well casing. Except as otherwise specified in the draft

regulation:

o the backfill material must have a permeability equal to or less than the native

materials that were removed from the same depth interval within the well; and

o the filter pack material must not be placed closer than 6 metres (20 feet) from

the ground surface.

Note: “backfill material” means the material used to fill or seal a test hole, annular space,

abandoned well or well pit and includes grout, filter pack and native materials.

Native materials, excluding organic soil materials, can be used to backfill an annular

space providing the material can be:

o stored separately during construction, kept free from contamination, and placed

in the same relative positions they originally occupied; and

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o placed continuously within the annular space, without bridging.

Note: “native materials” means the drill cuttings from a test hole or well, the excavated

material from a dug well, and other excavated material, including clay, granular soil and

crushed rock.

A requirement for a surface seal to be placed in the topmost portion of an annular

space in a well to prevent the rapid downward movement of water and other

substances. This measure is proposed to prevent the annular space from acting as a

potential pathway for the downward movement of water or other substances.

Grout must be used to construct the surface seal as follows:

o If the depth of the well casing is six metres (20 feet) or less, the annular space

must be filled continuously from the bottom of the casing to the established

ground surface.

o If the depth of the well casing is greater than six metres (20 feet), the annular

space in the uppermost six metres must be filled continuously to the established

ground surface.

o If a pitless adapter or unit is added to a well that has a surface seal, the surface

seal must be replaced with suitable backfill material, as specified in the draft

regulation.

If the well is a bored or dug well, the surface seal is to be constructed as follows:

o A minimum 0.3 metres (one foot) thick annular seal of grout is to be placed at a

depth not exceeding three metres (10 feet) below the ground surface. Typically,

this is just beneath the base of a pitless adapter or unit, if such is used in the well

construction. The remainder of the annular space above the grout is to be filled

with material, as specified in the draft regulation.

If the well is a flowing artesian well:

o Except as provided in the draft regulation, the entire annular space outside a

well casing of a flowing artesian well must be backfilled with neat cement grout,

or a suitable mixture of sand-cement or bentonite-cement grout, subject to the

following specifications:

The cement must be a sulphate-resistant cement.

The amount of bentonite must not exceed six per cent by weight of the

cement's content.

June 30, 2015

Note: "grout" means a low permeability material used to fill an annular space, or to seal a test

hole or abandoned well. Grout includes:

(a) granular bentonite grout; and

(b) slurry grout, which includes suitable mixtures of cement or high-solids bentonite

grout with fresh water that can be forced through a tremie line or other method of

grout placement, and which may also include additives to meet certain grouting

requirements.

A requirement for developing a well, such that the person constructing the well must:

o do everything reasonably practicable to remove drill cuttings and drilling fluids

from the well by developing the well until the well water is clear and solids-free;

and

o verbally notify the well owner if the well is not developed to a solids-free state,

and record such condition on the well construction report.

Note: "solids-free" means water that is visually free of any solid matter.

A requirement for a well yield test to be performed on a production well, or an open

loop geothermal (production or recharge) well that is newly constructed or whose

yield may have changed as a result of a well repair, rehabilitation or modification. The

method of testing is specified in the draft regulation. A recommended pump-setting

depth and pumping rate must be determined and recorded on the well construction

report, after completion of the well yield test.

A requirement that the connection to a well casing for water distribution purposes

must be watertight, and be made with a commercially-manufactured pitless adapter

or unit, a commercially-manufactured well seal, or by an alternate method approved

by the director.

A requirement for disinfection of wells for domestic purposes, such that the person

constructing the well must:

o disinfect the well so that a concentration of between 50 and 200 mg/l of

available chlorine is present throughout the water in the well; and

o maintain this concentration in the well for a period of at least 12 hours.

Requirements for the disposal of debris, drill cuttings and drilling fluid. This includes

not disposing of drill cuttings or drilling fluid by depositing them into an onsite

wastewater management system, including a holding tank, septic tank or pit privy.

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Requirements for measuring and reporting GPS coordinates of a test hole or well as

latitude and longitude coordinates.

Requirements for affixing a well identification tag to a well, excluding environmental

and geotechnical wells unless:

o the well or test hole intersects an aquifer;

o the depth of the well exceeds 30 m (98.4 feet); or

o the well is completed into bedrock.

Well identification tags will be provided by the Groundwater Management Section of

Manitoba Conservation and Water Stewardship.

Sealing Test Holes and Wells

New standards are proposed for the sealing of test holes and wells. Standards include:

A requirement that all test holes and wells must be sealed in a manner that is

sufficient to prevent the vertical movement of water or other substances in the test

hole or well.

Except as provided in the draft regulation, native materials, excluding organic soil

materials, can be used to seal a well or test hole providing the material can be:

o stored separately during sealing and kept free from contamination; and

o placed continuously without bridging.

Except as provided in the draft regulation, a test hole or well having an inside

diameter of 51 mm (2 inch) or less and a depth greater than 9 metres (30 feet) — not

including a flowing artesian test well or a flowing artesian well — must be sealed using

slurry grout over the full length of the well or test hole. This measure is proposed to

reduce the risk of bridging sealing material and thus preventing the proper sealing of

small diameter, deep test holes and wells.

Except as provided in the draft regulation, flowing artesian test holes and flowing

artesian wells must be sealed with a neat cement grout or a suitable mixture of sand-

cement or bentonite-cement grout, with:

o the cement being a sulphate-resistant cement; and

o the amount of bentonite, in a bentonite-cement grout, not exceeding six per

cent by weight of the cement content.

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A requirement that during placement of slurry grout, the grout must be forced from

the bottom to the top of the well or test hole being sealed. Any grout that has settled

or subsided after placement must be topped-up to its original level.

Except as provided in the draft regulation, a requirement for a surface seal to be

placed in the topmost 1.5 metres (5 feet) of a test hole or abandoned well. Grout must

be used to construct the surface seal. This measure is proposed to prevent the

topmost portion of a test hole or abandoned well from acting as a potential pathway

for the rapid downward movement of water or other substances.

If equipment, debris, or an obstruction cannot be removed from a well prior to

sealing, and the person sealing the well is not working under the authority of a

licensed well drilling contractor, or is not a professional engineer or professional

geologist, then the owner of the land on which the well is located must:

(a) retain a licensed well drilling contractor or a professional engineer or

professional geologist to determine the method required to properly seal the

well; and

(b) implement the method determined in clause (a).

If the well to be sealed is located in a well pit, the owner of the land upon which the

well is located is responsible to ensure:

o the well pit cribbing is removed unless

its method of construction does not permit removal, or permits only

partial removal of the cribbing; or

to do so may cause any neighbouring structure to be destabilized,

damaged or to become a risk to human health of safety; and

o the remaining excavation is properly backfilled to ground surface.

Impact of Regulation

The well drilling industry and general public have been supportive of the need for

groundwater and aquifer protection through the new Groundwater and Water Well Act and

supporting regulations. There are not expected to be any significant cost increases for the

construction or sealing of a well under the proposed new legislation as most well drillers and

sealers are already following industry standards for the proper and safe construction and

sealing of a well.

June 30, 2015

Implementation

Manitoba Conservation and Water Stewardship will work closely with the industry and

public to introduce and implement the new regulations. An educational approach will be taken

in implementing and enforcing the new Act and its supporting regulation. As each supporting

regulation is introduced, an opportunity for public comment will be provided. The Well Drilling

Liaison Officer will continue to work closely with industry and the public to implement a smooth

transition to the proposed changes. However, consistent with other provincial legislation,

substantial fines are required for cases of obvious non-compliance. Protecting groundwater and

aquifers is a priority.

Share Your Views

Manitoba Conservation and Water Stewardship is committed to engaging stakeholders on

the proposed new regulations. Comments are encouraged and should be provided in writing.

Mailing address:

Proposed Regulations Review

Groundwater Management Section

Water Science and Management Branch

Box 18, 200 Saulteaux Crescent

Winnipeg, MB R3J 3W3

Email with “Proposed Regulations Review” in the subject line to:

[email protected]

Comments will be accepted until August 28, 2015

mailto:[email protected]

Proposed Groundwater and Water Well (General Matters) Regulation

under The Groundwater and Water Well Act

NOT FINAL — DRAFT ONLY — June 23, 2015

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TABLE OF CONTENTS

Section

1 Definitions

2 Horizontal closed loop geothermal systems — Act does not apply

3 Well drilling contractor licences — classes

4 Licence and renewal fees

5 Liability insurance

6 Classes of licences — authorized activities

7 Renewal of licence

8 Emergency response telephone number

9 When sections 31 and 32 of the Act do not apply

10 Application for a permit

11 Well construction and well sealing reports

12 Exceptions — certain wells and test holes

13 Retaining copy of report

14 Well construction and well sealing reports — public availability

15 Repeal

16 Coming into force

SCHEDULES

DEFINITIONS AND APPLICATION

Definitions

1(1) The following definitions apply in this regulation.

"Act" means The Groundwater and Water Well Act.

"environmental well" means a monitoring well used for the purpose of obtaining information on soil or

groundwater contamination, or for remediation of contaminated groundwater. The term "environmental

test hole" has a corresponding meaning.

"well construction report" means a report prepared under section 50 of the Act at the time of

constructing a well or test hole.

"well sealing report" means a report prepared under section 50 of the Act at the time of sealing a well or

test hole.

Saline water — prescribed criteria

1(2) For the purpose of the definition "saline water" in section 1 of the Act, "saline water" means, in

relation to the sealing of a well or test hole, water that has

(a) a concentration of total dissolved solids in excess of 3,500 mg/l; or

(b) an equivalent electrical conductivity in excess of 5,000 micro-Siemens/cm.




2

Horizontal closed loop geothermal systems — Act does not apply

2 For the purpose of clause 5(c) of the Act, the Act does not apply to horizontal closed loop

geothermal systems.

WELL DRILLING CONTRACTOR LICENSES

Well drilling contractor licences — classes

3(1) The following classes of well drilling contractor licences are hereby established:

(a) Class 1: water well drilling licence;

(b) Class 2: closed loop geothermal well drilling licence;

(c) Class 3: well digging licence;

(d) Class 4: other well construction licence.

Licence may be for one or more classes

3(2) A licence issued to a well drilling contractor may be a licence for one or more of the classes listed

in subsection (1).

Licence and renewal fees

4 For the purpose of clause 9(2)(d) of the Act, the amount of the licence fee and licence renewal fee

for each class of well drilling contractor licence is as follows:

(a) Class 1 (water well drilling licence): $100;

(b) Class 2 (closed loop geothermal well drilling licence): $100;

(c) Class 3 (well digging licence): $50;

(d) Class 4 (other well construction licence): $50.

Liability insurance

5 For the purpose of clause 10(c) of the Act, the applicant must possess liability insurance with

a coverage limit, at a minimum, of $2 million per claim.

Classes of licences — authorized activities

6(1) Each licence is deemed to contain a term that a well drilling contractor is authorized to engage

in, or hold himself or herself out as being engaged in, the business of constructing wells of the type set out

— and using a method or the equipment, if any, set out — in the table in Schedule A adjacent to the class or

classes of licence that the contractor holds.

Other terms or conditions

6(2) Subsection (1) is subject to any conditions or other terms contained in the Act or in a license.

Test holes are also authorized

6(3) If a well drilling contractor has authority under this section to engage in the business of

constructing a type of well, the contractor has similar authority to construct a test hole in relation to the same

type of well.




3

Contractor must be authorized

6(4) A well drilling contractor must not engage in, or hold himself or herself out as being engaged in,

the business of constructing wells or test holes other than as authorized under this section.

Renewal of licence

7(1) For the purpose of clause 10(d) of the Act, the additional requirements for renewal of a well

drilling contractor licence are as follows:

(a) the applicant provides satisfactory evidence that the requirements of clauses 10(a) to (c) of the Act are

still met;

(b) the applicant declares that he or she has not been convicted of an offence, within the calendar year

immediately preceding the year for which renewal is sought, that may be relevant to the applicant's

suitability to engage in the business of constructing wells or test holes.

Renewal refused or subject to terms and conditions

7(2) If an applicant for renewal does not meet the requirements for renewal, the director may refuse

to renew the licence, or renew it subject to terms and conditions.

CONTAMINATION FOUND DURING CONSTRUCTION OR SEALING

Emergency response telephone number

8 For the purpose of subsections 31(1) and 32(1) of the Act, the emergency response telephone

number is 204-944-4888.

When sections 31 and 32 of the Act do not apply

9 For the purpose of subsections 31(4) and 32(4) of the Act,

(a) section 31 of the Act does not apply in relation to the construction of an environmental well or

environmental test hole; and

(b) section 32 of the Act does not apply in relation to the sealing of an environmental well or

environmental test hole.

PERMITS

Application for a permit

10 For the purpose of section 37 of the Act, an application for a permit must be made in writing to

the director, in a form satisfactory to and containing the information required by the director.




4

WELL CONSTRUCTION AND WELL SEALING REPORTS

Well construction and well sealing reports

11(1) For the purpose of subsection 50(1) of the Act,

(a) a well construction report must be in the form set out in Schedule B;

(b) a well sealing report, including a report about the partial sealing of a well, must be in the form set out

in Schedule C; and

(c) the time within which a copy of the report must be provided to the director and the owner of the land

is 45 days after the completion of the construction or sealing.

Reports must be complete and legible

11(2) If a person provides a report to the director

(a) that does not contain all the required information; or

(b) that is, in the director's opinion, illegible in whole or in part;

the director may refuse to accept the report and require the person to provide a corrected report.

Exceptions — certain wells and test holes

12 Despite subsection 50(1) of the Act, a well construction report or a well sealing report need not

be prepared or submitted in relation to the construction or sealing of

(a) a closed loop geothermal well or test hole; or

(b) an environmental well or test hole, or a geotechnical well or test hole, unless

(i) the well or test hole intersects an aquifer,

(ii) the depth of the well or test hole exceeds 30 m (98.4 ft), or

(iii) the well or test hole encounters bedrock.

Retaining copy of report

13 A person required to prepare a report under section 50 of the Act must retain a paper or

electronic copy of it for at least six years after providing the report to the director.




5

AVAILABILITY OF GROUNDWATER INFORMATION

Well construction and well sealing reports — public availability

14(1) In accordance with section 81 of the Act, the director may make the following information

available to the public, including in electronic form:

(a) information from reports provided to the director under section 50 of the Act;

(b) information from reports that were provided to the director under section 7 of the former regulation,

subject to section 9 of that regulation;

(c) well construction or sealing reports, well logs, or any other information relating to a well, a test hole

or groundwater that was obtained by the director other than under clause (a) or (b).

Information made available to the public under this section may include information respecting the location

or ownership of a well or test hole.

Meaning of "former regulation"

14(2) In this section, the "former regulation" means the Well Drilling Regulation, Manitoba

Regulation 228/88 R, as it read immediately before the coming into force of this regulation.

REPEAL AND COMING INTO FORCE

Repeal

15 The Well Drilling Regulation, Manitoba Regulation 228/88 R, is repealed.

Coming into force

16 This regulation comes into force on the same day that The Groundwater and Water Well and

Related Amendments Act, S.M. 2012, c. 27, comes into force.




6

SCHEDULE A

(subsection 6(1))

WELL DRILLING CONTRACTORS —

AUTHORIZED ACTIVITIES

Row

Class of licence

Authorized activities

1 Class 1 (water well) • construct — using well drilling equipment — the

following types of wells (unless otherwise specified in

the licence):

- test wells

- monitoring wells

- production wells

- dewatering wells

- open loop geothermal wells

- closed loop geothermal wells

- flowing artesian wells

- geotechnical wells

- injection wells

2 Class 2 (closed loop

geothermal)

• construct closed loop geothermal wells

3 Class 3 (well digging) • construct — by means of digging with non-powered

equipment, a backhoe or a power shovel — the

following types of wells (unless otherwise specified in

the licence):

- test wells

- monitoring wells

- production wells

- dewatering wells

- geotechnical wells

4 Class 4 (other well

construction)

• construct a type of well described in the licence, by

the methods or with the equipment specified in the

licence

Sheet of

SCHEDULE B

(Section 11)

Well Construction Report Please print legibly / See report completion guide for notes & definitions of abbreviations Form No. WCR-V01-2015

Owner Name: First Last

Mailing Address

Town/City

Postal Code Phone - -

Email

Well Location: (see note 3; attach sketch if necessary)

Civic Address (if different than Mailing Address)

Quarter Section Township Range □E □W

Parish Type & Lot No.

GPS: (see note 4), Accuracy +/- □ feet □ metres

Latitude (decimal degrees)

Longitude (decimal degrees)

Rockwood Sensitive Area: □ No □ Yes - Permit No.

Well Name: (if applicable)

Well Identification Tag Number

Location of Tag □ Attached to casing stick-up

□ Other (specify)

Type of Work:

□ Test hole (see note 5) - Sealed □ Yes □ No

□ Test well □ Production □ Recharge

□ Monitoring □ Dewatering □ Geotechnical

□ Other (specify)

Method of Construction:

□ Auger □ Bored □ Backhoe/Dug

□ Rotary (mud) □ Rotary (air)

□ Dual Rotary □ Driven □ Jetted

□ Other (specify)

Water Use: (Check all that apply)

□ Domestic □ Public/Semi-public □ Irrigation

□ Commercial/Industrial □ Livestock/Poultry

□ Earth Energy (heating/cooling)

□ Other (specify)

Lithologic Description: (see notes 6 and 7) - Measure From/To depths from ground surface; attach another sheet if needed.

From (ft)

To (ft)

Colour

Material Description (use recommended names on reverse)

Observations

0

Well Construction: (see note 8) - Measure From/To depths from ground surface; attach another sheet if needed.

From (ft)

To (ft)

Bo

reh

ole

Cas

ing

Lin

er

Op

en

Ho

le

We

ll Sc

ree

n

Surf

ace

Se

al

An

nu

lar

Fill

Filt

er

Pac

k

ID (i

nch

es)

OD

(in

che

s)

Type of Material

(ex: casing and screen material, screen type and slot size, use of shale traps, packers, screen blanks or tail pipes, and

type and size of surface seal/annular fill/filter pack material)

Method of Placement

(ex: poured, tremie)

Well Completion: Day Month Year 20

Top of casing inches □ags □ bgs Well vented: □ Yes □ No

Well disinfected: □ Yes □ No Well cover installed: □ Yes □ No

Pitless adapter/unit installed at feet bgs □Not installed

Source of Drilling Water: □ Groundwater □ Surface water

Water contains a minimum of 10 mg/L free chlorine: □ Yes □ No

Name/Location of Water Source

Drilling Additives Used: □ No; □ Yes (list type & quantity)

Well Yield Test: (see note 9) Date of Test: Day Month Year 20

□ Same as Date of Well Completion

Method of Test: □Pumping □Air Lift □Bailing □Recovery

□ Other (specify)

Water level before test feet □ bgs □ ags

Water level at end of test feet □ bgs □ ags

Length of test hours minutes

Estimated rate of discharge IGPM

Well Development: □ Air lifting □ Surging □ Pumping □ Jetting

□ Bailing □ Hydrofracturing □ Other (specify)

Water Quality Characteristics: □ Fresh □ Saline □ Clear □ Cloudy

□ Sediment □ Odour (specify)

Flowing Artesian Well: □ No □ Yes - If yes, estimated rate of artesian

flow IGPM Annular space cemented: □ Yes □ No

Flow control device installed: □ Yes □ No

Does water leak from around the outside of the casing: □ No □ Yes

Recommended Pumping Rate: IGPM with pump intake at feet bgs Will you be installing a pump? □ No □ Yes

Remarks: (see note 10)

Contractor: Well Drilling Company Licence No.

Well Driller: Print name Signature _ Cert. No. Declaration: I certify that to the best of my knowledge the information provided herein is accurate and true and complies with The Groundwater and Water Well Act.

DRILLING CONTRACTOR’S COPY / WATER SCIENCE & MANAGEMENT BRANCH COPY / WELL OWNER’S COPY

Sheet of

SCHEDULE C

(Section 11)

Well Sealing Report Please print legibly / See report completion guide for notes & definitions of abbreviations Form No. WSR-V01-2015

Owner Name: First Last

Mailing Address

Town/City

Postal Code Phone - __ -

Email

Well Location: (see note 3; attach sketch if necessary)

Civic Address (if different than Mailing Address)

Quarter Section Township Range □E □W

Parish Type/Lot No.

GPS: (see note 4), Accuracy +/- □ feet □ metres

Latitude (decimal degrees)

Longitude (decimal degrees)

Rockwood Sensitive Area: □ No □ Yes - Permit No.

Well Name: (if applicable)

Well Identification Tag Number

Date Well Drilled: Day Month Year 20

Does a well construction report exist: □No □Yes

If yes, Well PID No.

Type of Work:

□ Test hole □ Test well □ Production □ Recharge

□ Monitoring □ Dewatering □ Geotechnical

□ Other (specify)

Water Use: (Check all that apply)

□ Domestic □ Public/Semi-public □ Irrigation □ Livestock/Poultry

□ Commercial/Industrial □ Earth Energy (heating/cooling)

□ Other (specify)

Well Information:

Static water level feet □ bgs □ ags Measured well depth feet bgs Casing diameter inches

Top of casing inches □ ags □ bgs Casing type & material

Flowing Well: □No □Yes If yes, estimated rate of artesian flow IGPM

Does water leak from around the outside of the casing: □ No □ Yes

Is the well free of all equipment (such as a pump, piping), debris and obstructions (see note 5)? □Yes □No If no, describe:

Is the well located in a well pit (see note 6)? □No □ Yes If yes, has the well pit cribbing been removed/backfilled? □No □ Yes (explain)

Well Sealing: (see note 7) – Measure From/To depths from ground surface; attach another sheet if needed.

Interval Well Details Sealing Materials

Description of Material

(ex: sand or gravel (of a particular size), granular bentonite chips (of a particular size),

slurry grout (such as high solids bentonite, neat cement)) Include the quantities of materials used.

Method of Placement

(ex: poured, tremie)

From (ft)

To (ft)

Cas

ing

Lin

er

Op

en

Ho

le

We

ll Sc

ree

n

San

d

Gra

vel

Be

nto

nit

e

Ce

me

nt

Cla

y

Oth

er

Casing Cut Off at feet below ground surface

Date Sealing Completed: Day Month Year 20 Sketch of Sealed Well

Remarks: (see note 8)

Contractor: Company

Well Drilling Contractor Licence No. (if applicable)

Well Sealer (print)

Signature Cert. No. Declaration: I certify that to the best of my knowledge the information provided herein is accurate and true and complies with The Groundwater and Water Well Act.

WELL SEALER’S COPY / WATER SCIENCE & MANAGEMENT BRANCH COPY / WELL OWNER’S COPY

Proposed Well Standards Regulation



1

TABLE OF CONTENTS

Section

PART 1

DEFINITIONS

1 Definitions

PART 2

GENERAL CONSTRUCTION AND SEALING REQUIREMENTS

2 Manner of construction and sealing

3 Interconnection of geologic formations

4 Review of flowing artesian conditions

5 Construction or sealing of a flowing artesian well or test hole

6 Covering of well or test hole during construction or sealing

7 Materials and additives in the construction, sealing, rehabilitation, maintenance or servicing of a

well or test hole

8 Reporting of materials and additives

9 Source of water for construction, sealing, etc. — production and open loop geothermal wells used

for domestic purposes

10 Conditions subject to immediate sealing

11 Minister may allow variation

PART 3

WELL CONSTRUCTION

12 Exclusion from application of Part 3

13 Minimum setback distance — property boundary

14 Other minimum setback distances — human graves, sewage disposal, livestock manure, waste

disposal grounds, etc.

15 Well must be accessible

16 Restrictions on construction of wells in well pits

17 Well pit requirements

18 Well casing requirements

19 Minimum depth of well casing

20 Well casing stick-up

21 Exclusion from well casing stick-up requirements

22 Casing extension

23 Well screen requirements

24 Exclusion from "previously-unused material" requirements

25 Well covers

26 Mounting of a hand pump or hydrant

27 Flow control device

28 Well venting

29 Annular space

30 Filter pack material surrounding a well screen

31 Surface seal required for annular space

32 Surface seal for annular space — bored or dug wells

33 Surface seal for annular space — flowing artesian wells

34 Placement of slurry grout




2

35 Developing the well

36 Well yield test

37 Method of testing

38 Pump-setting depth and pumping rate

39 Connection to a well casing for water distribution purposes

40 Disinfection — well for domestic purposes

41 Disposal of debris

42 Disposal of drill cuttings and drilling fluid

PART 4

GPS COORDINATES AND WELL IDENTIFICATION


44 Measurement of GPS coordinates

45 Mandatory well identification tag

46 Additional use of well identification tag

47 Exemption — certain environmental and geotechnical wells

48 Affixing a well identification tag

49 Removal of a well identification tag

50 Reporting well identification tag numbers

51 Protection of well identification tag

PART 5

SEALING TEST HOLES AND WELLS


53 Sealing — no vertical movement of water

54 Native materials

55 Sealing of small-diameter test holes and wells

56 Sealing material for flowing artesian test holes and flowing artesian wells

57 Placement of slurry grout

58 Backfill material for voids, fractures, cavities and zones of lost circulation

59 Surface seal required for wells

60 Removal of equipment, debris and obstructions

61 Well located within a well pit — cribbing

PART 6

COMING INTO FORCE

62 Coming into force

SCHEDULE




3

PART 1

DEFINITIONS

Definitions

1 The following definitions apply in this regulation.

"Act" means The Groundwater and Water Well Act.

"air vent" means an outlet at the upper end of a well casing, well cap or well cover that allows for the

equalization of air pressure between the inside of the casing and the atmosphere, and for the release of

gases from the well.

"annular space" means an open space between a casing or well screen and the hole used to construct the

well, and includes space between overlapping casings within the well.

"backfill material" means the material used to fill or seal a test hole, annular space, abandoned well or

well pit and includes grout, filter pack and native materials.

"bored well" means a well, typically 45 to 90 cm (18 to 36 in) in diameter, that is constructed by boring a

hole using an earth auger.

"bridging" means accumulated backfill material that creates an obstruction in a test hole, well or annular

space.

"construct", in relation to a well or test hole, means to do any work in relation to the digging, drilling,

installing, modifying or repairing of the well or test hole, including the partial sealing of the well or test

hole, but does not include

(a) the complete sealing of the well or test hole; or

(b) a minor modification or repair of the well or test hole.

"debris" includes any left-over, broken or discarded material, litter or refuse, but does not include drill

cuttings or drilling fluid.

"drill cuttings" means the ground-up geological material produced during the drilling of a well or test

hole.

"drilling fluid" means the water used in drilling a well or test hole and the additives added to the drilling

water.

"dug well" means a well, typically 60 to 120 cm (24 to 48 inches) in diameter, that is constructed by

digging a hole either manually or mechanically.

"environmental well" means a monitoring well used for the purpose of obtaining information on soil or

groundwater contamination, or for remediation of contaminated groundwater. The term "environmental

test hole" has a corresponding meaning.

"filter pack" means granular material that is placed in the annular space surrounding a well screen to

prevent formation material from entering the screen.




4

"free chlorine" means chlorine, excluding combined chlorine, that remains in water after disinfection has

occurred.

"generally accepted industry standards and practices" means a practice or a standard that is consistent

with proper and accepted practices and standards established and followed within the well construction

industry.

"GPS coordinates" means global positioning system coordinates.

"granular bentonite grout" means naturally occurring sodium bentonite clay that is graded and typically in

the form of chips or pellets.

"grout" means a low permeability material used to fill an annular space, or to seal a test hole or

abandoned well. Grout includes:

(a) granular bentonite grout; and

(b) slurry grout which includes suitable mixtures of cement or high-solids bentonite grout with fresh

water that can be forced through a tremie line or other method of grout placement and which may also

include additives to meet certain grouting requirements.

"high-solids bentonite grout" means a mixture of powdered sodium bentonite clay and fresh water, that

contains at least 20% solids by weight.

"licenced public water system or semi-public water system" means a public water system or semi-

public water system licensed under The Drinking Water Safety Act.

"native materials" means

(a) the drill cuttings from a test hole or well or the excavated material from a dug well; or

(b) other excavated material including clay, granular soil and crushed rock.

"pitless adapter or unit" means a sanitary underground discharge assembly that provides a watertight

subsurface connection for buried pump discharge, injection or suction lines.

"sealing" means the act of filling a well or a test hole with a material or a mixture of materials as specified

in this regulation, but does not include the partial sealing of a well.

"solids-free" means water that is visually free of any solid matter.

"splash pad" means an impermeable surface that promotes drainage away from the well and prevents the

accumulation of water around the well casing.

"surface seal" means an interval of grout placed in the top of a test hole, abandoned well or annular space

in order to prevent the downward movement of water or other substances in the test hole, abandoned well

or annular space.

"tremie line" means a pipe or hose that is used to conduct slurry grout during the construction or sealing of

a well or test hole.




5

"well construction report" means a report prepared under section 50 of the Act at the time of

constructing a well or test hole.

"well casing" means a watertight length of pipe or other suitable material that prevents the collapse of

geological material into the well.

"well cover" means the secure cover on a well, including a cap, lid, well seal or hand pump.

"well identification tag" means a permanent tag containing a unique well identification number that is

attached to a new or existing well.

"well liner" means a watertight length of pipe or other suitable material installed inside a well casing that

is used to line the well to prevent the collapse of geological material into the well, seal off the well from

sources of contamination or for repair or modification purposes.

"well pit" means a pit constructed below the ground surface for the purpose of housing a well.

"well screen" means a filtering device attached to a well casing and designed to allow water into the well

while keeping sediment out, including continuous-slot, louvered and bridge-slot screens, well points and

slotted or perforated pipe.

"well seal" means a watertight seal installed at the top of a well casing to prevent water or other

substances from entering the well.

"well sealing report" means a report prepared under section 50 of the Act at the time of sealing a well or

test hole.

PART 2

GENERAL CONSTRUCTION AND SEALING REQUIREMENTS

Manner of construction and sealing

2 A person must not construct or seal a well or test hole other than in a manner which

(a) is suitable for the geologic and groundwater conditions existing at the site of the well or test hole;

(b) prevents surface water from entering the well or test hole;

(c) prevents contaminants from entering the well or test hole except in the case of an environmental well

or environmental test hole;

(d) seals off water bearing formations that contain contaminants except in the case of an environmental

well or environmental test hole; and

(e) prevents the interconnection or mixing of groundwater having distinctively different characteristics

within the same aquifer or different aquifers.




6

Interconnection of geologic formations

3(1) Without limiting the generality of clause 2(e), a person must not construct or seal a well or test

hole in a manner that allows the interconnection or mixing of groundwater between the Winnipeg Formation

and any overlying aquifer.

Definition

3(2) In this section, "Winnipeg Formation" means the shale, sandstone and sands of the Ordovician Winnipeg

Formation.

Review of flowing artesian conditions

4 Before beginning the construction or sealing of a well or test hole, the person performing the

work must determine if the area has a history of flowing artesian conditions and whether it is likely or

reasonably possible that flowing artesian conditions will occur.

Construction or sealing of a flowing artesian well or test hole

5 If a well or test hole is being constructed or sealed in an area where it is likely or reasonably

possible that flowing artesian conditions will occur, the person constructing or sealing the well or test hole

must construct or seal it in a manner that allows for control of flow from the well or test hole.

Covering of well or test hole during construction or sealing

6 If a well or test hole being constructed or sealed is left unattended, the person performing the

work must cover or otherwise secure the well or test hole in a manner sufficient to

(a) prevent the entry of surface water or any other substance or material into it; and

(b) ensure that human health and safety are not at risk.

Materials and additives in the construction, sealing, rehabilitation, maintenance or servicing of a well or test

hole

7(1) A person must not use or permit the use of a material or additive in the construction, sealing,

rehabilitation, maintenance or servicing of a well or test hole unless the material or additive

(a) is suitable for potable water use;

(b) complies with generally accepted industry standards and practices;

(c) meets or exceeds any specifications set out for that material or additive by the Canadian Standards

Association (CSA), the American Society for Testing and Materials (ASTM), American Water Works

Association (AWWA) or the National Sanitation Foundation (NSF);

(d) is applied and used as recommended by the manufacturer, if it is manufactured;

(e) is clean and free of contamination;

(f) is stable within the geochemical surroundings it is used; and

(g) does not impair the quality of water with which it comes in contact.




7

Examples — materials and additives

7(2) For greater certainty, in subsection (1),

(a) material includes, but is not limited to, well casings, well liners, well screens, well covers and backfill

material; and

(b) additive includes, but is not limited to, clays, polymers, surfactants, disinfection products and acids.

Reporting of materials and additives

8 A person required to prepare a well construction report or a well sealing report pursuant to

section 50 of the Act must include in it details satisfactory to the director as to the types and quantities of

materials or additives used in the construction or sealing of the well or test hole.

Source of water for construction, sealing, etc. — production and open loop geothermal wells used for

domestic purposes

9(1) All water used in the construction, sealing, rehabilitation, maintenance or servicing of

(a) a production well or an open loop geothermal well, if used for producing water for domestic purposes;

(b) a test hole or test well for the purpose of obtaining information on a well described in clause (a); or

(c) any other type of well or test hole within 100 m (328 ft) of a well described in clause (a);

must

(d) be from a licenced public water system or semi-public water system, or from a groundwater source

that is chlorinated;

(e) contain a minimum 10 mg/L free chlorine at all times, except for monitoring wells where chlorine will

interfere with water quality analysis or remediation; and

(f) be stored and conveyed in clean, sanitary tanks and water lines.

Source of water for construction, sealing, etc. — other wells

9(2) All water used in the construction, sealing, rehabilitation, maintenance or servicing of a well or

test hole not specified in subsection (1) must

(a) be from a licenced public water system or semi-public water system, or from a groundwater or surface

water source that is chlorinated;

(b) contain a minimum 10 mg/L free chlorine at all times, except for monitoring wells where chlorine will

interfere with water quality analysis or remediation; and

(c) be stored and conveyed in clean, sanitary tanks and water lines.

Conditions subject to immediate sealing

10 A well or test hole must be immediately sealed by the person who performed or is performing

the construction upon the occurrence of any of the following during or immediately following construction:

(a) a test hole from which the required information has been obtained, unless the test hole is being used

for the construction of a well;




8

(b) the construction of a well or test hole is not completed due to a construction problem or any other

reason;

(c) a dry well or test hole, unless the well or test hole is being used for the construction of a closed loop

geothermal well, monitoring well or a geotechnical well;

(d) a well or test hole is found to have been constructed in contravention of any provision of the Act or this

regulation, unless steps are immediately taken that result in bringing the well or test hole into compliance.

Minister may allow variation

11 Upon written application by or on behalf of the owner of a well or test hole, the minister may vary

any requirement of this regulation with respect to the construction or sealing of a well or test hole, subject

to such terms and conditions that the minister may require, and the variation must be complied with as if

it were a part of this regulation.

PART 3

WELL CONSTRUCTION

Exclusion from application of Part 3

12 This Part, other than section 13, does not apply to closed loop geothermal wells or test holes.

WELL LOCATION

Minimum setback distance — property boundary

13 A person constructing a well, other than a monitoring well or a geotechnical well, must ensure

that the well is located at least 1.5 m (5 ft) from any property boundary.

Other minimum setback distances — human graves, sewage disposal, livestock manure, waste disposal

grounds, etc.

14 A person constructing a well, other than a monitoring well or a geotechnical well, must ensure

that the well is located in accordance with the minimum setback distances set out in the Schedule.

Well must be accessible

15(1) A person constructing a well must ensure that it is located such that upon completion of

construction it is accessible for cleaning, treatment, maintenance, repair, testing, inspection and visual

examination.

Owner to ensure well remains accessible

15(2) An owner of land on which a well is located must ensure that the well remains accessible for

cleaning, treatment, maintenance, repair, testing, inspection and visual examination at all times after

construction.




9

WELL PITS

Restrictions on construction of wells in well pits

16 No person shall

(a) construct a well in a well pit to produce water for domestic purposes; or

(b) add a well pit to an already-constructed well that produces water for domestic purposes.

Well pit requirements

17(1) A person constructing a well in a well pit must ensure that

(a) the top of the well pit is covered with a solid watertight cover;

(b) the well pit cover is sufficiently, strong, durable and installed in a manner to protect the well from

damage;

(c) the well pit cover is fastened in place in a manner that makes it difficult for a child to remove;

(d) the top of the well casing extends not less than 30 cm (12 in) above the floor of the well pit;

(e) a well seal or other appropriate means is used to seal the topmost part of the well casing; and

(f) the well pit is kept dry by means of a sump pump or other appropriate method.

Well pit — owner responsible after construction completed

17(2) After the completion of construction, the owner of the land on which the well pit is located is

responsible for ensuring that the requirements of subsection (1) remain satisfied.

WELL CASINGS AND WELL SCREENS

Well casing requirements

18 In addition to the requirements of subsection 7(1), and except as provided in section 24, a person

constructing a well must ensure that the well casing, including any well liners, meets the following

requirements:

(a) be made of previously-unused material;

(b) be watertight throughout their lengths, including all seams and joints in the casing being watertight;

(c) be sufficiently centered in the borehole to allow the adequate placement of backfill materials completely

surrounding the casing;

(d) be sufficiently straight and obstruction-free so as to admit pumping or other equipment without

damage.




10

Minimum depth of well casing

19 A person constructing a well — other than a monitoring well or a geotechnical well — must

ensure that the well casing extends to a depth of at least 6 m (20 ft) below the surface of the ground, unless

the only useful aquifer available necessitates a shallower depth for the well casing.

Well casing stick-up

20(1) Subject to section 21, a person constructing a well must ensure that the well casing extends not

less than 30 cm (1 ft) above any finished surface or the established ground surface when the well is

completed.

Well casing stick-up — owner responsible after construction completed

20(2) After the completion of construction, the owner of the land on which the well is located is

responsible for ensuring that the requirements of subsection (1) remain satisfied.

Exclusion from well casing stick-up requirements

21 Section 20 does not apply to the following:

(a) a monitoring well or a geotechnical well

(i) that is covered with a water-tight cap, lid or seal, and

(ii) that is contained within a flush mounted protective cover that is sufficiently strong and durable,

and installed in such a manner so as to protect the well from damage;

(b) a well in a well pit, so long as the requirements of subsection 17(1) are met.

Casing extension

22 No person shall extend the top of a well casing unless:

(a) the casing is structurally sound;

(b) connections are completed in accordance with generally accepted industry standards and practices;

(c) the casing connection joint is watertight; and

(d) the casing connection joint is capable of withstanding frost heave.

Rubber couplings must not be used in the extension of a casing.

Well screen requirements

23 In addition to the requirements of section 7, and except as provided in section 24, a person

constructing a well must ensure that it has a well screen that meets the following requirements:

(a) is made of previously-unused material;

(b) is designed to meet the supply requirements for the well;

(c) has a closed bottom;

(d) is connected to the well casing in accordance with generally accepted industry standards and practices

(which are not to be interpreted as including the use of lead packers as the means of connection).




11

Exclusion from "previously-unused material" requirements

24 Clauses 18(a) and 23(a) do not apply to a test well or a dewatering well if the well is abandoned

and sealed not later than 180 days, or such further time as the director may allow, after its installation.

WELL COVERS AND WELL VENTING

Well covers

25(1) A person constructing a well must ensure that a well cap, well lid, well seal or hand pump is

attached to the top of the well casing and that the well cover meets the following requirements:

(a) it is made of durable materials that do not deteriorate in sunlight;

(b) it is sized to fit securely to the top of the well casing;

(c) it is insect- and vermin-proof;

(d) if there are any appurtenances that enter into the well, such as tubing or power cables, the well cover

incorporates openings, that have been properly sealed, to accommodate them.

Well cover — owner responsibility after construction

25(2) After the requirements of subsection (1) have been fulfilled, the owner of the land on which the

well is located must ensure that the requirements of clauses (1)(a) to (d) continue to be met.

Mounting of a hand pump or hydrant

26(1) A person installing a hand pump, hydrant or a similar device on a well must ensure

(a) that the device is mounted to the well casing or a pump mounting sleeve in a manner that seals the top

of the well casing, to prevent entry of surface water or other foreign material into the well; and

(b) that the well has a splash pad.

Hand pump and splash pad — owner responsibility after installation


well is located must ensure that the requirements of clauses (1)(a) and (b) continue to be met.

Flow control device

27(1) A person constructing a flowing artesian well must install a flow control device that is capable

of

(a) stopping the discharge of water from within the well casing; and

(b) withstanding the freezing of water in the well casing.

Flow control device — owner responsibility


well is located must ensure that the requirements of clauses (1)(a) and (b) continue to be met.




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Well venting

28(1) A person constructing a well must ensure that

(a) the well is vented to the outside atmosphere in a manner that will safely disperse all gases; and

(b) the open end of the vent is

(i) pointed downward and screened; and

(ii) located not less than 30 cm (12 in) above any finished surface or the established ground surface

when the well is completed.

Venting — owner responsibility


well is located must ensure that those requirements continue to be met.

Exclusions from venting

28(3) Venting is not required for a monitoring well or a geotechnical well, unless venting is needed for

the proper operation of the well.

BACKFILLING — ANNULAR SPACE

Annular space

29(1) A person constructing a well must ensure there is a continuous annular space of not less than 25

mm (1 in) width outside the well casing.

Exclusion from size of annular space

29(2) Subsection (1) does not apply to well drilling methods in which no annular space is created.

Type of backfill material

29(3) Material used to backfill an annular space surrounding a well casing must meet the following

requirements:

(a) the requirements of section 7;

(b) have a permeability that is equal to or less than the native materials that were removed from the same

depth interval within the well; and

(c) in the case of native materials,

(i) be free of organic soil materials,

(ii) be stored separately during construction, kept free from contamination and placed in the same

relative positions that they originally occupied, and

(iii) be placed continuously within the annular space without bridging.




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Filter pack material surrounding a well screen

30(1) Manufactured filter pack material used to surround a well screen

(a) must meet the requirements of section 7;

(b) must be properly sized for its application; and

(c) may be extended above the well screen to compensate for any settling occurring during well

development.

Placement of filter pack material

30(2) Subject to subsection (3), the filter pack material must not be placed closer than 6 m (20 ft) from

the ground surface.

Exception

30(3) If necessary due to the location of the only useful aquifer, the filter pack material may be placed

closer than 6 m (20ft) from the ground surface, as long as it is not placed closer than 2.5m (8.2 ft) from the

surface.

Surface seal required for annular space

31(1) Subject to subsection 30(3) and except as provided in sections 32 and 33, grout must be used

to seal the upper annular space of a well as follows:

(a) if the depth of the well casing is 6 m (20 ft) or less, the annular space must be filled continuously from

the bottom of the casing to the established ground surface;

(b) if the depth of the well casing is greater than 6 m (20 ft), the annular space above 6 m must be filled

continuously to the established ground surface.

Surface seal disturbed by addition of pitless adapter or unit

31(2) If the surface seal is disturbed during the installation of a pitless adapter or unit, the surface seal

must be replaced with material that meets the requirements of subsection 29(3).

Surface seal for annular space — bored or dug wells

32 When constructing a bored or dug well, the upper annular space of the well must be sealed by

either of the following methods:

(a) by

(i) placing a minimum 0.3 m (1 ft) thick seal of grout in the annular space to a depth not exceeding 3

m (10 ft) below the ground surface, typically just beneath the base of a pitless adapter or unit if such

is used in the well construction, and

(ii) filling the remainder of the annular space above the grout referred to in subclause (i) with material

that meets the requirements of subsection 29(3); or

(b) by an alternate method approved by the director.

Surface seal for annular space — flowing artesian wells

33(1) Except as provided in subsection (2) and section 34, the entire annular space of a flowing

artesian well must be backfilled with neat cement grout or a suitable mixture of sand-cement or

bentonite-cement grout, subject to the following specifications:




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(a) the cement must be a sulphate-resistant cement;

(b) the amount of bentonite must not exceed 6% by weight of the cement content.

Manufactured filter pack

33(2) If a manufactured filter pack is present, the annular space is required to be backfilled above the

filter pack.

Placement of slurry grout

34(1) Slurry grout must be forced from the bottom to the top of the annular space to be sealed. Any

grout that has settled or subsided after placement must be topped-up to its original level.

Backfill material for voids, fractures, cavities and zones of lost circulation

34(2) Granular material may be used to aid in the backfilling of the annular space when slurry grout

has or may become lost due to the presence of voids, fractures, cavities or zones of lost circulation.

WELL DEVELOPMENT

Developing the well

35(1) A person constructing a well must

(a) do everything reasonably practicable to remove drill cuttings and drilling fluids from the well by

developing the well until the well water is clear and solids-free; and

(b) verbally notify the well owner if the well is not developed to a solids-free state and record such

condition on the well construction report.

Well development — exception

35(2) Subsection (1) does not apply

(a) to a monitoring well or a geotechnical well; or

(b) in circumstances where the discharge of groundwater during well development may create a

contamination problem.

WELL YIELD

Well yield test 36

A well yield test must be performed on a production well or an open loop geothermal well

(a) that is newly constructed; or

(b) whose yield may have changed as a result of a well repair, rehabilitation or modification.

The person who constructed, repaired, rehabilitated or modified the well must perform the test.




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Method of testing

37 A well yield test is to be performed after the well has been sufficiently developed, using the

following method:

(a) water is to be discharged from the well at a near-constant rate by means of a pump, air- lifting method,

bailer or other suitable means;

(b) the test is to be performed for a minimum duration of one hour unless the yield cannot be sustained,

in which case clause (c) applies;

(c) if the test cannot be performed for one hour, a recovery test, or other test satisfactory to the director,

must be performed;

(d) the following data and information must be collected during the test and recorded on the well

construction report:

(i) method of testing (pumping, air-lifting, bailing, recovery or other method),

(ii) water level immediately prior to the start of the test,

(iii) measured rate of water discharge or estimated rate of water discharge if a measured rate cannot

be made,

(iv) water level immediately prior to the stop of the test, and

(v) duration of the test.

Pump-setting depth and pumping rate

38 The person who performs the well yield test must recommend a pump-setting depth and

pumping rate and record the recommendations on the well construction report after completion of the well

yield test.

WELL HOOK-UP AND DISINFECTION

Connection to a well casing for water distribution purposes

39 A connection to a well casing for water distribution purposes must

(a) be watertight;

(b) be made

(i) with a commercially-manufactured pitless adapter or unit,

(ii) with a commercially-manufactured well seal, or

(iii) by an alternate method approved by the director; and

(c) if under flowing artesian conditions, be designed to control the flow of water from the well.




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Disinfection — well for domestic purposes

40 Immediately upon completing construction of a well for domestic purposes, the person who

constructed the well must

(a) disinfect the well so that a concentration of between 50 and 200 mg/l of available chlorine is present

throughout the water in the well; and

(b) maintain the concentration described in clause (a) in the well for a period of at least 12 hours.

WELL SITE CONDITIONS

Disposal of debris

41 A person constructing or sealing a well or test hole must promptly remove and properly dispose

of all well construction and well sealing debris from the well or test hole site.

Disposal of drill cuttings and drilling fluid

42 The following conditions apply to the disposal of drill cuttings and drilling fluid:

(a) if drill cuttings or drilling fluid are to be removed from the well or test hole site, the person responsible

for removal must dispose of them in a manner that does not harm the environment;

(b) without limiting the generality of clause (a), drill cuttings or drilling fluid must not be disposed of by

depositing them into an onsite wastewater management system, including a holding tank, septic tank or

pit privy.

PART 4

GPS COORDINATES AND WELL IDENTIFICATION


43 This Part does not apply to closed loop geothermal wells or test holes.

GPS COORDINATES

Measurement of GPS coordinates

44(1) The following persons must measure the GPS coordinates of a well or test hole:

(a) a person, other than a person described in clause 6(a) or (b) of the Act,

(i) constructing a new well or test hole,

(ii) modifying or rehabilitating an existing well, or

(iii) sealing or partially sealing a well or test hole;




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(b) any other person required to do so by the director.

If the GPS coordinates are already available on an existing well construction report, a person modifying,

rehabilitating, sealing or partially sealing the well need not comply with this section.

Method of GPS measurement

44(2) The GPS coordinates of a well or test hole must be measured as latitude and longitude

coordinates.

Reporting GPS coordinates

44(3) A person measuring the GPS coordinates must report the coordinates

(a) on the well construction report, in the case of the construction of a new well or test hole or the

modification or rehabilitation of a well or test hole;

(b) on a well sealing report in the case of the sealing or partial sealing of a well or test hole; or

(c) in a manner required by the director, in any other case.

WELL IDENTIFICATION TAGS

Mandatory well identification tag

45 A person, other than a person described in clause 6(a) or (c) of the Act,

(a) constructing a new well; or

(b) modifying or rehabilitating a well that does not have a well identification tag or where the well

identification tag has become broken, defaced, illegible or otherwise unusable;

must affix a well identification tag, provided by the director or a well drilling officer, to the well and record

the number of the tag on the well construction report.

Additional use of well identification tag

46 A well drilling officer or a person authorized by the director may affix a well identification tag to

an existing well that does not have a well tag or where the well tag has become broken, defaced, illegible or

otherwise unusable.

Exemption — certain environmental and geotechnical wells

47 Sections 45 and 46 do not apply in relation to an environmental well or a geotechnical well unless

(a) the well intersects an aquifer;

(b) the depth of the well exceeds 30 m (98.4 ft); or

(c) the well is completed into bedrock.




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Affixing a well identification tag

48 A person affixing a well identification tag must obtain the well tag from the director and either:

(a) permanently affix the well tag, using a steel band or clamp, to the outside of the well casing at a point

where it will be visible and will not be obstructed by the well cover or other components of the well or by

equipment associated with the well;

(b) if it is not possible to affix the well tag as specified in clause (a), attach the well tag to a rigid,

permanent post, pump house or building adjacent to the well so that the well tag is plainly visible.

Removal of a well identification tag

49(1) A well identification tag must not be removed except in the following circumstances:

(a) for the purpose of repairing, modifying or rehabilitating the well, upon the completion of which the well

tag must be re-affixed;

(b) if an existing well tag has become broken, defaced, illegible or otherwise unusable and is being

replaced with a new well tag; or

(c) the well is being permanently sealed.

Well identification tag not to be re-used

49(2) A broken, defaced, illegible or otherwise unusable well tag or a well tag removed from a well that

is being permanently sealed must be discarded and not be re-used.

Reporting well identification tag numbers

50 A person affixing or removing a well identification tag must report the affixing or removal of the

tag to the director by whichever of the following methods applies:

(a) by recording the well tag number on the well construction or well sealing report;

(b) if a well construction or well sealing report is not required in the circumstances, by a method approved

by the director.

Protection of well identification tag

51 No person shall

(a) use a well tag obtained from the director except in accordance with this regulation; or

(b) remove a well tag except

(i) in accordance with subsection 49(1), or

(ii) with the consent of the director; or

(c) deface, alter or conceal a well tag.




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PART 5

SEALING TEST HOLES AND WELLS


52 This Part does not apply to

(a) closed loop geothermal wells or test holes; or

(b) the sealing of the annular space of a well.

Sealing — no vertical movement of water

53 A person must not seal a well or test hole other than in a manner that is sufficient to prevent the

vertical movement of water or other substances in it.

Native materials

54 Except as provided in sections 55, 56 and 59, native materials, not including any organic soil

materials, may be used to seal a well or test hole, provided that,

(a) the materials can be placed continuously without bridging; and

(b) in relation to the sealing of a test hole, the materials are stored separately prior to sealing and are

placed in the same relative positions that they originally occupied.

Sealing of small-diameter test holes and wells

55 Subject to section 58 (backfill material for voids, etc.), a test hole or well having an inside

diameter of 51 mm (2 in) or less and a depth greater than 9 m (30 ft) — not including a flowing artesian test

hole or a flowing artesian well — must be sealed using slurry grout over the full length of the test hole or well.

Sealing material for flowing artesian test holes and flowing artesian wells

56 Subject to section 58 (backfill material for voids, etc.), a flowing artesian test hole or a flowing

artesian well must be sealed with a neat cement grout or a suitable mixture of sand-cement or bentonite-

cement grout, over the full length of the test hole or well, with

(a) the cement being a sulphate-resistant cement; and

(b) the amount of bentonite, in a bentonite-cement grout, not exceeding 6% by weight of the cement

content.

Placement of slurry grout

57 Slurry grout must be forced from the bottom to the top of the well or test hole being sealed. Any

grout that has settled or subsided after placement must be topped-up to its original level.

Backfill material for voids, fractures, cavities and zones of lost circulation

58 Granular material may be used to aid in the sealing of a test hole or a well when slurry grout has

or may become lost due to the presence of voids, fractures, cavities or zones of lost circulation.

Surface seal required for wells

59(1) Subject to subsection (3), grout must be used to seal the topmost 1.5 m (5 ft) of the remaining

cased portion of a well.




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Surface seal required for test holes

59(2) Except as provided in subsection (3), grout must be used to seal the topmost 1.5 m (5 ft) of a test

hole.

Exclusion from surface seal

59(3) Subsections (1) and (2) do not apply to bored or dug wells, or to flowing artesian test holes or

flowing artesian wells.

Removal of equipment, debris and obstructions

60(1) A person sealing a well or test hole must remove all equipment, debris and obstructions from

the well or test hole before sealing it.

If equipment, debris or obstruction cannot be removed

60(2) If all equipment, debris and obstructions cannot be removed from a well or test hole before

sealing, and the person sealing the well or test hole is not

(a) a well drilling contractor or an employee or agent of a well drilling contractor; or

(b) a person working within the authority of clause 6(c) of the Act,

then the owner of the land on which the well or test hole is located must

(c) retain a well drilling contractor or a professional engineer or professional geoscientist to determine

the method required to properly seal the well or test hole; and

(d) implement the method determined in clause (c).

Reporting equipment, debris or obstructions

60(3) The person sealing the well or test hole must report information about any equipment, debris

or obstruction not removed from the well or test hole as follows:

(a) for a test hole, on a well construction report;

(b) for a well, on a well sealing report.

Well located within a well pit — cribbing

61(1) If a well to be sealed is located within a well pit, the owner of the land on which the well is located

is responsible for ensuring that any well-pit cribbing is completely removed, unless

(a) its method of construction does not allow for removal or allows only partial removal; or

(b) removing or partially removing the cribbing might cause an adjacent structure to be destabilized,

damaged or to become a risk to human safety or health.

If the cribbing may only be partially removed under clause (a) or (b), the owner is responsible for ensuring

that the cribbing is partially removed.

Backfilling the well pit

61(2) After dealing with any well-pit cribbing that may be present by completely or partially removing

it, or determining that it cannot be removed, the owner is responsible for ensuring that the well pit is

properly backfilled to the ground surface.




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Reporting about cribbing and backfilling

61(3) A person sealing a well located within a well pit must report information on the well sealing

report about

(a) whether any well-pit cribbing was present and if so, whether it was completely or partially removed;

and

(b) the backfilling of the well pit.

PART 6

COMING INTO FORCE

Coming into force

62 This regulation comes into force on the same day that The Groundwater and Water Well and

Related Amendments Act, S.M. 2012, c. 27, comes into force.




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SCHEDULE

(section 14)

Minimum setback distances

1 For the purpose of section 14 of this regulation, the minimum setback distances in the following

table apply:

Feature

Minimum distance that a well must be setback from the

feature

(not including a monitoring well or a geotechnical well)

(a) human grave or mausoleum 15m (50ft), if the well is constructed with at least 6m (20 ft) of

casing below ground surface

30m (100ft), for all other wells

(b) septic tank1 (including an

aerobic treatment unit1)

8m (26 ft)

(c) disposal field1 15m (50ft), if the well is constructed with at least 6m (20 ft) of



(d) greywater pit1 15m (50ft), if the well is constructed with at least 6m (20 ft) of



(e) pit privy1 15m (50ft), if the well is constructed with at least 6m (20 ft) of



(f) vault privy1 or pail privy1 8m (26 ft)

(g) manure storage facility2 100m (328 ft)

(h) confined livestock area2

comprised of more than 10

animal units2

100m (328 ft)

(i) waste disposal ground3 400m

(j) waste transfer station3 400m

(k) underground fuel storage tank 15m (50ft), if the well is constructed with at least 6m (20 ft) of






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Feature

Minimum distance that a well must be setback from the

feature

(not including a monitoring well or a geotechnical well)

(l) above-ground fuel storage tank 15m (50ft), if the fuel tank storage area has secondary

containment

30m (100ft), in all other cases

(m) pesticide storage area 15m (50ft), if the pesticide storage area has secondary

containment


(n) fertilizer storage area 15m (50ft), if the fertilizer storage area has secondary

containment


Footnotes:

1 As defined in the Onsite Wastewater Management Systems Regulation, M.R. 83/2003.

2 As defined in the Livestock Manure and Mortalities Management Regulation, M.R. 42/98.

3 As defined in the Waste Disposal Grounds Regulation, M.R. 150/91.

phosphorus standard for wastewater treatment facilities€¦ · proposed regulations to support...

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