1802 WELL CONSTRUCTION BUILDING PERMIT EXEMPTIONS

1802.1 An infiltration test well constructed and used in accordance with Chapter 5 (Water Quality and Pollution) of Title 21 of the District of Columbia Municipal Regulations (DCMR) and the Stormwater Management Guidebook shall be exempt from the requirements of this chapter.1802.2 A well constructed for use in a best management practice in accordance with Chapter 5 of Title 21 DCMR and the Stormwater Management Guidebook shall be exempt from the requirements of this chapter.1802.3 A well construction building permit shall not be required for a well which meets all of the following conditions:- (a) The well is constructed to a depth of ten feet (10 ft.) or less;

- (b) The lower terminus of the well does not intersect the seasonal water table;

- (c) The well is not sited within twenty-five feet (25 ft.) of the mean high watermark of District surface waters;

- (d) The well is not sited within twenty-five feet (25 ft.) of wetland;

- (e) The construction and maintenance of the well is performed in accordance with the requirements of this chapter; and

- (f) The well is abandoned within five (5) business days of completion of construction in accordance with § 1830.1.1802.4 If during the construction of a well for which no building permit was required, field conditions or new information indicate that any condition in § 1802.3 will not be met, the well owner shall:- (a) Stop all well construction work and related activities;

- (b) Notify the Department within twenty-four (24) hours of the discovery;

- (c) Propose immediate corrective actions;

- (d) Implement Department-ordered corrective actions to prevent an imminent hazard to public health and safety or the environment; and

- (e) If additional action is necessary to meet the requirements of this chapter, or if requested by the Department, submit a well construction building

permit application in accordance with § 1803.

1802.5 A well construction building permit shall not be required for the maintenance of a registered well, provided that the maintenance does not include a modification or material change in the original permitted design, specifications, or construction of the well.

1802.6 The Department may allow a well owner to delay submitting a well construction building permit application if:

(a) The well owner immediately notifies the Department of an emergency circumstance that may impact a well, the environment, or public health and safety, which requires immediate corrective action;

(b) The Department deems an emergency circumstance to exist, where obtaining a work plan approved by the Department for the maintenance or abandonment of a well would result in a delay that could pose an immediate hazard to public health and safety or the environment;

(c) The well owner complies with the application procedures in § 1803 within seventy-two (72) hours after the emergency is identified; and

(d) All work is conducted in accordance with applicable construction, maintenance, and abandonment requirements.

1802.7 A well abandonment permit shall not be required if:

(a) The well is abandoned within thirty (30) days following the completion of construction of the well; and

(b) A well abandonment work plan developed in accordance with §§ 1830 and 1831 is submitted with the initial well construction building permit application.

SOURCE: Final Rulemaking published at 63 DCR 13424 (October 28, 2016).