| (a) Wells drilled prior to June 1, 1983, unless abandoned,
shall be grandfathered from this chapter without further modification
unless the well is found to be a threat to public health and safety
or to groundwater quality. A threat to public health and safety or
to groundwater quality shall include, but is not limited to the following:
(1) annular space around the well casing is open at
or near the land surface;
(2) an unprotected opening into the well casing that
is above ground level;
(3) top of well casing below known flood level and
not appropriately sealed;
(4) deteriorated well casing allowing commingling of
aquifers or zones of water of different quality;
(5) water wells with the well head below ground level;
and
(6) water wells located within fifty (50) feet of a
source of contamination which affects the quality of water produced
by the well.
(b) If the annular space around the well casing is
not adequately sealed as set forth in this section, it shall be the
responsibility of each licensed driller or licensed pump installer
to inform the landowner that the well is considered to be a deteriorated
well and must be recompleted when repairs are made to the pump or
well in accordance with this chapter, and the following specifications.
(1) The well casing shall be excavated to a minimum
depth of four (4) feet and the annular space shall be filled from
ground level to a depth of not less than four (4) feet below the land
surface with cement. The cement filling shall be a minimum thickness
of three (3) inches larger than the outside diameter of the casing.
In areas of shallow, unconfined groundwater aquifers, the cement need
not be placed below the static water level. In areas of shallow, confined
groundwater aquifers having artesian head, the cement need not be
placed below the top of the water bearing strata.
(2) A cement slab or sealing block shall be placed
above the cement around the well at the ground surface except when
a pitless adapter as described in §76.100(c)(2) or a steel or
plastic sleeve as described in §76.100(c)(1) is used.
(A) The slab or block shall extend laterally at least
two (2) feet from the well in all directions and have a minimum thickness
of four inches.
(B) The surface of the slab shall be sloped to drain
away from the well.
(C) The top of the casing shall extend a minimum of
twelve 12 inches above ground level or thirty six 36 inches above
known flood prone areas and unprotected openings into the well casing
that is above ground shall be sealed water tight.
(3) If deteriorated well casing is allowing commingling
of aquifers or zones of water of different quality and causing degradation
of any water including groundwater, the well shall be plugged according
to §76.104 or repaired. Procedures for repairs shall be submitted
to the department for approval prior to implementation.
(c) Well covers shall be capable of supporting a minimum
of four hundred 400 pounds and constructed in such a way that they
cannot be easily removed by hand.
(d) This section shall not apply to a public water
supply system well.
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| Source Note: The provisions of this §76.105 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective April 1, 2018, 43 TexReg 1635 |
