PURPOSE: This rule prevents the use of monitoring wells for any purpose other than the purpose for which they were designed and allows certain modifications to the application of these rules.

1. (1) Monitoring wells shall not be converted to any other type of well unless approved in advance by the department.
2. (2) When strict application of these rules presents practical difficulties or unusual hardships, the division, in a specific instance, may modify the application of these rules consistent with the general purpose of these rules and the law. The division may then impose certain conditions as are necessary, in the opinion of the division, to protect the groundwater of the state and health, safety and general well-being of persons using, or potential users, of the groundwater (see 10 CSR 23-1.040 Modification by the Division for procedures concerning variances).
3. (3) It is the obligation and responsibility of the monitoring well installation contractor to ensure that the well is constructed according to the rules and that the annular space is sealed. This obligation and responsibility with regard to the annular seal ends three (3) years after the date of certification, unless it can be shown that the well seal has been damaged by other persons. The well must be properly plugged or repaired when the well is no longer sealed.
4. (4) When drilling water is needed, it must be of potable quality.

AUTHORITY: sections 256.606 and 256.626, RSMo (1994).* Emergency rule filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996. *Original authority: 256.606, RSMo (1991) and 256.626, RSMo (1985), amended 1991.