Michigan Administrative Code › Department - Environmental Quality › Drinking Water And Municipal Assistance Division › Groundwater Quality Control Rules › Part 1 - WELL CONSTRUCTION CODE › Section R. 325.1613 - Deviations from minimum standards

Current through Vol. 24-12, July 15, 2024
Rule 113.
(1) A
				  health officer, in the discharge of his or her duty to protect the public
				  health, may issue a deviation from the provisions of specific rules as provided
				  for in this rule, if the spirit and intent of these rules are observed and the
				  public health, safety, and welfare are assured.
(2) Rules or parts of rules, specific minimum
				  standards, requirements, and conditions for which deviations may be permitted
				  are as follows:
(a) The provisions of R
				  325.1611(1) may be deviated from to permit a water service line to remain in a
				  condition that is not in compliance with the provisions of these rules when
				  extensive changes or repairs to a water supply system are made if the water
				  service line is located beneath a permanent structure or pavement.
(b) The provisions of R 325.1622 may be
				  deviated from as follows:
(i) A well may be
				  located closer than the specified minimum distance to a potential or known
				  source of contamination if the dimensions of the property on which the well is
				  to be located do not permit compliance with the specified minimum distances and
				  if any of the following conditions exist:
(A)
				  Hydrogeologic data indicate that the direction of groundwater flow at the
				  contamination source is away from the well.
(B) The depth of the well and depth of
				  grouting of the casing that is specified by a health officer as a condition of
				  the deviation will provide equivalent protection of groundwater quality and the
				  public health.
(C) The well is
				  being constructed to replace an existing water supply well that is located on a
				  site where a habitable structure exists.
(ii) A well may be required to be located
				  more than the specified minimum distance from a potential or known source of
				  contamination if the minimum specified distance will not protect groundwater
				  quality or the public health due to local groundwater conditions, geology, or
				  other factors.
(iii) A well may be
				  located closer than the specified minimum distance, but not closer than 10
				  feet, to a pressurized sewer that meets all of the following requirements:
(A) The sewer pipe and joints have been
				  pressure tested, after installation, to not less than 100 pounds per square
				  inch and have been determined to be watertight.
(B) The sewer pipe and joints meet or exceed
				  the standards of ASTM specification D 1785-91 or D 2241-89. The specifications
				  are adopted by reference in R 325.1610.
(C) The sewer has a wall thickness that is
				  equivalent to, or thicker than, schedule 40 or SDR 21.
(iv) A health officer may require a study of
				  the hydrogeological conditions of a site to support a deviation issued pursuant
				  to the provisions of this subrule.
(c) The provisions of R 325.1624(1)(a) may be
				  deviated from to permit a well to be located closer than 3 feet to a building,
				  pump room, or any projection thereof if all of the following conditions exist:
(i) The well is replacing an abandoned
				  well.
(ii) The dimensions and
				  features of the property on which the well is to be constructed do not permit
				  location of the well to be in compliance with the specified minimum
				  distance.
(iii) Access for
				  maintenance of the well is provided.
(d) The provisions of R 325.1632(3) may be
				  deviated from to permit a well casing to extend less than 25 feet below the
				  ground surface if the well will not be used to supply water to habitable
				  structures or for human consumption and if both of the following conditions
				  exist:
(i) The well and water supply system
				  are clearly and permanently identified as not being suitable for human
				  consumption or body contact.
(ii)
				  The well and water supply system are separated from any potable water supply
				  system on the premises.
(e) The provisions of R 325.1632(3) may be
				  deviated from to permit a well casing to extend less than 25 feet below the
				  ground surface if there is reason to believe that potable water of suitable
				  quantity does not exist at a reasonable depth of more than 25 feet and if
				  either of the following conditions exists:
(i) The distance between the well and a
				  potential or known source of contamination is increased pursuant to the
				  provisions of subdivision (b)(ii) of this subrule.
(ii) A confining layer is present above the
				  aquifer that will be used by the shallow well.
(f) The provisions of R 325.1634a(1) may be
				  deviated from to permit the length of casing to be grouted for rotary-bored or
				  augered wells to be decreased if the well is more than 100 feet deep and if a
				  confining layer is not penetrated.
(g) The provisions of R 325.1637 may be
				  deviated from to require that a well casing extend more than 25 feet below the
				  ground surface if there is reason to believe that nonpotable water is or may be
				  present in the upper bedrock.
(h)
				  The provisions of R 325.1638(2) may be deviated from to permit flowing well
				  discharge if the well owner or the well owner's representative demonstrates any
				  of the following:
(i) Control of the flow is
				  not practical.
(ii) Control of the
				  flow will likely result in the production of sand or turbidity in the
				  water.
(iii) The discharge is for a
				  beneficial use.