reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.14 - Provisions for denial, revocation, or cancellation of well permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall deny the issuance of a well permit upon a determination of the
				following:
1. The well driller has failed to
				pay the required initial or renewal licensing fee, pursuant to these rules or
				the Subsurface and Percolating Waters Act. Such action taken by the Department
				to deny such well permit applications shall not restrict or prohibit the
				property owner from securing the services of another New Jersey licensed well
				driller to obtain a permit to drill well; or
2. The site where the well is to be drilled
				is designated by the Department as an area where wells may not be constructed,
				including, but not limited to, contaminated aquifers, areas of salt water
				intrusion, and other areas where environmental remediation may be adversely
				affected by the construction and/or operation of wells.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.15 - Well record and well decommissioning reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				well records shall be maintained as follows:
1. Within 90 days of completion of the
				drilling, constructing, installing, repairing, replacing, redesignating, or
				modifying any well requiring a permit to drill, the licensed well driller who
				performed the work or provided the onsite supervision shall submit a completed
				well record via the Department's electronic permitting system. For well records
				that cannot be accurately submitted via the Department's electronic permitting
				system or where applicants have no access to a computer, the Department may
				allow submission of a well record on a paper form prescribed by the Department.
				In addition to the information listed in (a)3 below, a completed paper well
				record requires the signature of the well driller submitting the paper well
				record.
i. A well is completed when all
				drilling and the physical construction of the well has been completed by the
				well driller.
ii. All well records
				shall be signed by the well driller who actually performed the construction of
				the well, or provided the on-site supervision of the well
				construction;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.16 - Fees for permit to drill well

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				non-refundable permit fee is required for any well constructed pursuant to this
				chapter. Payment shall be made by electronic check or credit card. In the case
				of a paper permit application, payment shall be made by check or money order
				made payable to "Treasurer, State of New Jersey" and submitted with the
				appropriate permit application to the Department pursuant to N.J.A.C.
				7:9D-1.17.
(b) Well permit fees are
				assessed as follows:
1. Each permit
				application for any well other than those described in (b)2 below shall be
				accompanied by a fee of $ 130.00;
2. Each permit application for a well
				equipped with a pump capable of producing 70 gallons per minute or more shall
				be accompanied by a fee of $ 250.00;
3. Each site-wide permit application
				submitted pursuant to
N.J.A.C.
				7:9D-1.11(c)
shall
				be accompanied by a fee of $ 1,300.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.17 - Program information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				otherwise specified, forms, well search procedures, licensing information,
				approved alternate materials and technologies pursuant to
N.J.A.C.
				7:9D-2.8
, and other information
				related to this chapter can be requested from the Division of Water Supply and
				Geoscience at the address in (b) below, by telephone at (609) 984-6831, by fax
				at (609) 633-1231, by e-mail at wellpermitting@dep.nj.gov [File Link Not
				Available], or obtained through the Division's website at
www.nj.gov/dep/watersupply
.
				Further information about the Department can be accessed at
www.nj.gov/dep
.
(b) Fees, forms, requests for approval, and
				correspondence related to this chapter shall be submitted to the Well
				Permitting Program, Division of Water Supply and Geoscience, New Jersey
				Department of Environmental Protection, Mail Code 401-04Q, PO Box 420, Trenton,
				NJ 08625-0420, or by e-mail at wellpermitting@dep.nj.gov [File Link Not
				Available].
(c) Correspondence or
				other information directed to the State Well Drillers and Pump Installers
				Examining and Advisory Board shall be submitted in care of the New Jersey State
				Well Drillers and Pump Installers Examining and Advisory Board at the address
				specified in (b) above.
(d)
				Requests for approval, forms, or other materials sent or delivered to the
				Department at an address other than those listed in (a) through (c) above shall
				not be deemed to have been received for the purposes of calculating review
				deadlines or other time periods under this chapter.
(e) Changes in mailing address or telephone
				number pursuant to
N.J.A.C.
				7:9D-1.6(g)
shall
				be submitted to the Well Permitting Program, Division of Water Supply and
				Geoscience, New Jersey Department of Environmental Protection, Mail Code
				401-04Q, PO Box 420, Trenton, NJ 08625-0420, or by e-mail at
				wellpermitting@dep.nj.gov [File Link Not Available].
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 2 - REQUIREMENTS AND PROCEDURES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WELLS › Section 7:9D-2.1 - Well categories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following well categories are for the
				purposes of establishing general and specific well construction standards:
1. Category 1 Potable Water Supply Wells:
				includes all public water supply wells (community and non-community), as
				defined in
N.J.A.C. 7:10
; non-public wells, domestic wells,
				and potable aquifer storage and recovery wells;
2. Category 2 Non-Potable Water Wells:
				includes all wells that are used for water withdrawal, injection, or recharge
				including, but not limited to, fire protection, irrigation, test, industrial,
				livestock, non-potable aquifer storage, and recovery wells, cooling, open loop,
				and standing column geothermal, injection, and recharge wells;
3. Category 3 Cased Environmental Resource
				and Geotechnical Wells: includes all cased non-water supply wells that are used
				for environmental engineering and remediation, or geotechnical investigation
				including, but not limited to, monitoring, air sparging, soil vapor extraction,
				recovery, observation wells, cathodic protection, methane gas extraction,
				borros anchors, inclinometers, extensometers, electrodes (including heated
				element wells), and injection wells used for bioremediation or chemical
				remediation;
4. Category 4 Uncased
				Environmental Resource and Geotechnical Borings: includes all uncased non-water
				supply wells that are used for environmental engineering and remediation, or
				geotechnical investigation including, but not limited to, soil borings, probe
				holes, wick drains, uncased holes, and borings installed through the use of
				direct-push technologies.
5.
				Category 5 Closed-loop Geothermal Wells;
6. Category 6 Dewatering Wells: includes
				dewatering wells or dewatering wellpoints;
7. Category 7 Elevator Boreholes: includes
				boreholes or jackholes drilled for the installation of elevator shafts;
				and
8. Category 8 Oil and Gas
				Exploration Wells.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 2 - REQUIREMENTS AND PROCEDURES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WELLS › Section 7:9D-2.3 - Specific requirements for the construction and maintenance of Category 1 and Category 2 wells

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the well permitting requirements in N.J.A.C. 7:9D-1 and the well construction
				standards in
N.J.A.C. 7:9D-2.2
, the
				following requirements shall also apply to all Category 1 wells:
1. All parts of the well system shall be
				tested, installed, designed, located, and constructed in accordance with all
				applicable sections of N.J.A.C. 7:10-11 or 12;
2. All wells shall be disinfected pursuant to
				the applicable requirements of N.J.A.C. 7:10-11 or 12 following installation,
				redevelopment, maintenance, well repair, and/or pump repair;
3. For potable water supply wells installed
				in unconsolidated formations:
4.
				For potable water supply wells installed in consolidated formations, the well
				casing shall not be less than six inches in inner diameter; and
5. All well systems that may require water
				treatment pursuant to (a)1 above shall conform with all applicable requirements
				set forth in N.J.A.C. 7:10-11 or 12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 2 - REQUIREMENTS AND PROCEDURES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WELLS › Section 7:9D-2.4 - Requirements for the construction and maintenance of all Category 3 and 4 wells

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the well permitting
				requirements at N.J.A.C. 7:9D-1 and the general construction specifications at
				N.J.A.C.
				7:9D-2.2, the following specific requirements
				shall apply to all Category 3 and 4 wells:
1.
				Copies of the site-specific well construction requirements shall be maintained
				at the drilling site by the well driller;
2. All annular space between the casing and
				the oversized borehole shall be sealed in accordance with the requirements in
				7:9D-2.9 and 2.10;
3. For all monitoring wells, no more than 25
				feet total of well screen shall be installed. For all monitoring wells
				constructed without a screen, there shall be no more than 25 feet total of open
				borehole;
4. No more than five feet
				of filter pack shall be placed above the top of the well screen;
5. Protective steel casing shall be installed
				to a minimum depth of two feet below grade, equipped with a steel locking cap
				and securely set in concrete. This requirement shall only apply to all above
				grade well installations and does not apply to wells that require connection to
				a manifold system, for example, soil vapor extraction wells, or groundwater
				treatment wells;
6. All
				flush-mounted wells shall be constructed with manholes, locking caps, and seals
				to prevent leakage of surface water into the well. This requirement does not
				apply to wells that require connection to a manifold system, for example, soil
				vapor extraction wells, or groundwater treatment wells; and
7. Below-grade well installations shall be in
				accordance with the Department's Field Sampling Procedures Manual, August 2005,
				as amended and supplemented.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 2 - REQUIREMENTS AND PROCEDURES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WELLS › Section 7:9D-2.6 - Specific requirements for the installation of Category 8 wells

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the general well drilling and well permitting
				  requirements in N.J.A.C. 7:9D-1 and any applicable construction requirements in
N.J.A.C. 7:9D-2.2
, all
				  oil and gas exploration wells shall conform to the installation and reporting
				  requirements pursuant to
N.J.S.A.
				  13:1M-1
et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 2 - REQUIREMENTS AND PROCEDURES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WELLS › Section 7:9D-2.7 - Minimum distance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All new
				Category 1 and Category 2 wells shall be located at least five feet
				horizontally from a building or any portion thereof, except for a pump
				house.
(b) All Category 1 wells and
				components shall be located no less than the minimum distances prescribed as
				follows (all distances are in feet):
Component
Building sewer
Septic tank
Distribution box
Disposal field
Seepage pit*
Dry well
Cesspool
Fuel Storage tank
Well
25
50
50
100
150
50
150
25
Suction line
25
50
50
100
100
50
150
-
Water service line
5
10
10
10
10
-
25
-
*Note: The Department may reduce the 150-foot minimum
				  distance between a new well and seepage pit system as a condition of well
				  permit approval where the well casing is sealed into a confining layer
				  separating the aquifer from the stratum of soil used for sewage disposal or
				  where the well is constructed with additional casing.
1. Where gravel, limestone, or fractured,
				creviced or fissured rock formations are encountered and may pose a threat to
				the water supply, the local administrative authority may require a greater
				distance of a well from a subsurface sewage disposal system;
2. A well shall not be drilled within 20 feet
				of a wood frame building.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 2 - REQUIREMENTS AND PROCEDURES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WELLS › Section 7:9D-2.8 - Deviation from construction standards and approval of alternative materials and methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where unusual conditions occur or known
				or suspected health hazards exist at a well site and compliance with this
				subchapter shall not result in a satisfactory well or protection of the
				groundwater resource or water supply, the well driller may request a deviation
				from the standards of this chapter. All deviations from standards shall be
				requested pursuant to
N.J.A.C. 7:9D-1.11
, shall be in writing, and shall include as appropriate:
1. The purpose of the well
				construction;
2. The location of
				the well to include a site plan;
3.
				The name, address, and telephone number of the owner;
4. The name, address, and telephone number of
				the driller;
5. The unusual
				conditions or known or suspected health hazards existing at the well site that
				prevent the installation of a well in accordance with this
				subchapter;
6. The reasons that
				compliance to the rules for minimum standards will not result in a satisfactory
				well;
7. The proposed method of
				construction that the well driller believes shall be adequate for each
				well;
8. A diagram showing the
				pertinent features of the proposed well design and construction; and
9. Where a deviation from the construction
				standards of this chapter is required for compliance with the Technical
				Requirements for Site Remediation,
N.J.A.C. 7:26E
, the
				authorized Licensed Site Remediation Professional shall submit a statement
				explaining the basis for the deviation and the proposed deviation requested
				pursuant to (a)5 and 6 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 2 - REQUIREMENTS AND PROCEDURES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WELLS › Section 7:9D-2.9 - Required materials for sealing the annular space of any well

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except
				with the written approval from the Department pursuant to
N.J.A.C.
				7:9D-2.8
, only the following
				materials shall be acceptable for the sealing of the annular space between the
				casing and the oversized borehole or between casing(s) of multiple cased wells:
1. Portland Neat Cement in accordance with
N.J.A.C. 7:9D
Appendix A, Table 1, which is incorporated
				herein by reference;
2. Portland
				Cement and Sodium-based Bentonite in accordance with
N.J.A.C.
				7:9D
Appendix A, Table 2, which is incorporated herein by
				reference;
3. Sodium-based
				Bentonite in accordance with
N.J.A.C. 7:9D
Appendix A, Table
				3, which is incorporated herein by reference;
4. Cement-based geothermal grout in
				accordance with
N.J.A.C. 7:9D
Appendix A, Table 4, which is
				incorporated herein by reference;
5. Bentonite-based geothermal grout or equal
				in accordance with
N.J.A.C. 7:9D
Appendix A, Table 5, which is
				incorporated herein by reference; or
6. Sodium-based Bentonite chips and shaped
				pellets, may be used in accordance with
N.J.A.C.
				7:9D-2.10(a)
5
				provided they shall not be used in an environment where it will come in contact
				with groundwater of a pH of less than 5.0 or a total dissolved solids content
				in excess of 1,000 ppm.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 2 - REQUIREMENTS AND PROCEDURES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WELLS › Section 7:9D-2.10 - Required procedures for sealing the annular space of any well

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				annular space within any well shall be sealed in accordance with one of the
				following methods:
1. For the pressure
				method, the grout shall be pumped through a tremie pipe installed into the
				annular space of the well in one continuous operation from the bottom to the
				top of the annular space unless the depth, resulting pressures, or subsurface
				conditions necessitate that the grout be installed in lifts;
i. The tremie pipe shall be slowly raised as
				the grout is being placed, keeping the discharge end of the pipe submerged in
				the grout at all times until the sealing of the annular space is
				completed;
ii. When pressure
				sealing the annular space directly above a filter or gravel pack, the grout
				shall be discharged from the tremie pipe so as not to disturb the top of the
				gravel pack;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 2 - REQUIREMENTS AND PROCEDURES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WELLS › Section 7:9D-2.11 - Well development and well redevelopment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				well permit is not required for performing any well development or well
				redevelopment.
(b) All well
				development or redevelopment work shall be performed by a well driller licensed
				in accordance with this chapter.
(c) All well development or well
				redevelopment shall be performed with care so as not to damage the well
				structure or cause adverse subsurface conditions that may destroy the natural
				barriers which prevent the movement of poor quality water or
				contaminants.
(d) Acceptable well
				development/redevelopment methods include:
1.
				Overpumping;
2. Mechanical
				surging;
3. Air or gas surging,
				including pulsing, bursting, or inert gas injection;
4. Jetting;
5. Chemical treatment:
i. Detergents, chlorine, acids, or other
				chemicals may be used for the purpose of increasing or restoring well
				yield;
ii. All acids and other
				chemicals used for treatment shall be specifically designed for use in water
				well rehabilitation, shall be used and neutralized in accordance with the
				manufacturer's specifications, and shall be contained properly in accordance
				with
N.J.A.C. 7:26G
; and
iii. The well shall be thoroughly pumped
				after the completion of development/redevelopment operations to remove such
				chemical agents or residues;
6. Explosives:
i. The use of explosives shall be limited to
				wells constructed in consolidated formations;
ii. Explosives shall be used by a person
				licensed pursuant to N.J.A.C. 12:190 by the New Jersey Department of Labor,
				Office of Safety Compliance Explosive Regulations and only after approval is
				obtained from the Department;
iii.
				The well shall be thoroughly pumped after the completion of
				development/redevelopment operations to remove such explosive agents or
				residues;
iv. The well to be
				treated must be a minimum of 150 feet from the nearest wells; and
v. The well site owner or the licensed well
				driller who will conduct the well development/redevelopment, shall notify the
				owner(s) of any property adjacent to the well site of the
				development/redevelopment procedure no less than 24 hours prior to the
				procedure; and
7.
				Hydrofracturing:
i. The use of
				hydrofracturing technologies shall be limited to wells constructed in
				consolidated formations;
ii. The
				well to be treated shall be a minimum of 150 feet from the nearest
				wells;
iii. A packer shall be set
				no less than 50 feet below the bottom of the well casing; and
iv. The well site owner or by the licensed
				well driller who shall conduct the well development/redevelopment shall notify
				the owner(s) of any property adjacent to the well site of the
				development/redevelopment procedure no less than 24 hours prior to the
				procedure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 3 - REQUIREMENTS AND PROCEDURES FOR THE DECOMMISSIONING OF WELLS AND BOREHOLES › Section 7:9D-3.1 - General requirements for the decommissioning of all wells and boreholes

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The owner of any well shall be responsible for having a well or borehole
				decommissioned in accordance with this chapter if the well is abandoned,
				destroyed, lost, and/or endangers or threatens the subsurface or percolating
				waters with the intrusion of saltwater or from any other cause, or if it
				endangers life.
(b) Notwithstanding
				(a) above, the well driller is also and primarily responsible for
				decommissioning a borehole or well that is abandoned during construction or is
				not completed or is not constructed in accordance with the provisions of this
				chapter in effect at the time of construction.
(c) The Department may order the
				decommissioning of any well or borehole, or any appurtenances thereto, which:
1. Is abandoned as defined in this
				chapter;
2. Has been constructed in
				violation of the Act or this chapter;
3. Has not been maintained in a condition
				that ensures protection from contamination for the subsurface and percolating
				waters of the State;
4. Is damaged
				or destroyed;
5. Has been replaced
				by another well;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 3 - REQUIREMENTS AND PROCEDURES FOR THE DECOMMISSIONING OF WELLS AND BOREHOLES › Section 7:9D-3.2 - Specific requirements for the decommissioning of dewatering wells and dewatering wellpoints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any dewatering well constructed into
				confined aquifers shall be decommissioned only by a New Jersey master,
				journeyman or journeyman (Class B) well driller in accordance with
N.J.A.C. 7:9D-3.1
.
(b) Decommissioning of
				all other dewatering wells and dewatering wellpoints shall be performed by the
				licensed well driller of the proper class and shall be completed within five
				business days after the dewatering well or dewatering wellpoint is taken out of
				service.
(c) The well driller shall
				obtain written approval from the Department prior to instituting any
				modification in the decommissioning procedures. Applications shall be submitted
				pursuant to N.J.A.C. 7:9D-1.17.
(d)
				For all dewatering wells 25 feet or less in depth, that have not penetrated a
				confining layer, decommissioning shall be completed by employing one of the
				following methods:
1. If backfilling of the
				borehole is utilized:
i. Backfilling the hole
				with clean native materials;
ii.
				Tamping the backfill materials in layers to within several feet below proposed
				finished grade;
iii. Placing a
				minimum of a three foot concrete plug; and
iv. Backfilling the remaining portion of the
				hole with top soil or native soil materials; or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 3 - REQUIREMENTS AND PROCEDURES FOR THE DECOMMISSIONING OF WELLS AND BOREHOLES › Section 7:9D-3.3 - Specific requirements for the decommissioning of hand dug wells

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water shall be
				pumped from the well in order to ensure that no debris lies at the bottom of
				the well and to minimize settlement of the fill material.
(b) The total depth of the well shall be
				sealed using one of the following methods:
1.
				The entire well shall be sealed in accordance with
				7:9D-3.1 using only cement-based
				sealing materials; or
2. The well
				shall be filled with sand or gravel to three feet from the land surface. The
				sand or gravel shall be thoroughly tamped. The remainder of the well shall be
				filled in with top soil. Additional top soil shall be mounded over the well to
				allow for settlement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 3 - REQUIREMENTS AND PROCEDURES FOR THE DECOMMISSIONING OF WELLS AND BOREHOLES › Section 7:9D-3.4 - Specific requirements for the decommissioning of Category 4 uncased borings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All borings shall be decommissioned
				within 72 hours of completion.
(b)
				Borings less than 25 feet in depth may be decommissioned by backfilling with
				cuttings and then tamping in order to restore to the maximum extent possible
				the natural conditions of the site that existed prior to drilling the
				borings.
(c) All borings 25 feet or
				greater in depth shall be decommissioned using an approved sealing material in
				accordance with
				7:9D-3.1.
(d) The decommissioning of borings installed
				by direct-push technologies using a pumpable grout mix shall be in accordance
				with this subchapter, except as follows:
1.
				The drive casing may be used as a tremie pipe provided the drive point is of
				the sacrificial type, or the casing is equipped with a grout shoe and is
				withdrawn as the decommissioning material is pumped into the driven borehole;
2. The direct-push device may be
				removed and a second casing of equal diameter to the drive casing may be used
				as a tremie pipe provided the casing is equipped with a sacrificial tip or
				plug, and is reinserted into the same hole to the boring's original
				depth;
3. If an outer casing is
				simultaneously driven with the direct-push device and inner drive casing and
				the cone and inner casing are retrieved, the outer casing may be used as tremie
				pipe; or
4. If the direct-push
				device and drive casing are retrieved, the borehole may be overdrilled using a
				hollow stem auger and decommissioned in accordance with this
				subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 3 - REQUIREMENTS AND PROCEDURES FOR THE DECOMMISSIONING OF WELLS AND BOREHOLES › Section 7:9D-3.5 - Specific requirements for damaged, destroyed, and/or lost wells

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a well has
				been damaged, destroyed, and/or lost such that it cannot be decommissioned in
				accordance with this subchapter, the property owner or its agent shall contact
				the Department in writing and provide the following information, as
				appropriate:
1. The name, address, and
				telephone number of the current property owner;
2. The facility and location information
				where the well was located, including county, township, lot, and
				block;
3. Timeframe when it was
				discovered that the well was damaged, destroyed, or lost;
4. The approximate date the well was damaged,
				destroyed, or lost;
5. Detailed
				description of the attempts made to locate the well in the case of lost wells,
				or attempts made to clear obstructions to facilitate decommissioning in the
				case of damaged or destroyed wells;
6. Circumstances by which the well was
				damaged, destroyed, or lost; and
7.
				Well permit number and well construction specifications, if known. If the well
				permit number is not known or a copy of the well record is not available, a
				well search request shall be conducted by following the well search directions
				on the Department's website pursuant to N.J.A.C. 7:9D-1.17.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 4 - CIVIL ADMINISTRATIVE ORDERS AND PENALTIES; DENIAL, SUSPENSION, AND REVOCATION OF LICENSES; DENIAL AND REVOCATION OF PERMITS; AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:9D-4.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the procedures governing the
				  issuance of civil administrative orders, the assessment of civil administrative
				  penalties, and the denial, suspension, or revocation of any license, or the
				  denial or revocation of a permit, issued pursuant to the Act. This subchapter
				  also governs the procedures for the submittal and review and grant or denial of
				  any requests for adjudicatory hearings.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 4 - CIVIL ADMINISTRATIVE ORDERS AND PENALTIES; DENIAL, SUSPENSION, AND REVOCATION OF LICENSES; DENIAL AND REVOCATION OF PERMITS; AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:9D-4.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department or the Board may
				investigate any possible violation of any provision of the Act or any provision
				of any rule, permit, license or administrative order promulgated or issued
				pursuant thereto including, but not limited to: obtaining a license or permit
				through error or fraud; failure to obtain a license prior to engaging in well
				construction or pump installation; aiding and abetting in violation of the Act
				or this chapter; failure to obtain a permit or to construct, modify, or
				decommission a well in accordance with the Act and this chapter; exhibiting
				gross negligence; and incompetence or misconduct in the practice of well
				drilling or pump installation pursuant to this chapter. The Department may take
				one or more of the following actions, including, but not limited to:
1. Suspension of a well driller's license or
				pump installer's license for a period that is less than one year;
2. Revocation of a permit or a well driller's
				license or pump installer's license;
3. Issuance of an administrative order;
				and/or
4. Assessment of an
				administrative penalty.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 4 - CIVIL ADMINISTRATIVE ORDERS AND PENALTIES; DENIAL, SUSPENSION, AND REVOCATION OF LICENSES; DENIAL AND REVOCATION OF PERMITS; AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:9D-4.3 - Administrative orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may issue an administrative order:
1. Against
				any person who has violated any provision of this chapter, permit, or license,
				or any provision of the Act pursuant to which this chapter has been
				promulgated, and/or against any person who negligently aids and/or abets in the
				commission of such violations, to require the cessation and/or correction of
				such violations; and
2. To order
				the decommissioning of any well or borehole to be decommissioned pursuant to
N.J.A.C.
				7:9D-3.1(c)
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 4 - CIVIL ADMINISTRATIVE ORDERS AND PENALTIES; DENIAL, SUSPENSION, AND REVOCATION OF LICENSES; DENIAL AND REVOCATION OF PERMITS; AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:9D-4.4 - Civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may, in accordance with (d) below, assess a civil administrative penalty of not
				more than $ 5,000 for each violation directly related to the construction of a
				well, and a civil administrative penalty of not more than $ 1,000 for each
				violation that is not construction-related, against any person that violates
				any provision of the Act or any provision of any rule, permit, license, or
				administrative order promulgated or issued pursuant thereto.
(b) The authority to assess a civil
				administrative penalty pursuant to (a) above is in addition to any other
				remedies available to the Department pursuant to law.
(c) The Department may consider each
				violation of any provision of the Act, or any rule, permit, license, or
				administrative order issued pursuant thereto, as a separate and distinct
				violation. Each day during which a violation continues shall constitute an
				additional, separate, and distinct offense subjecting the violator to daily
				penalties in accordance with this subchapter.
(d) The Department may assess a civil
				administrative penalty for the following non-construction related violations at
				the mid-point of the following stated ranges unless adjusted pursuant to (i)
				below:
1. Failure to submit a well record or
				well decommissioning report to the Department within 90 days of completion of
				the well or well decommissioning: $ 400.00 through $ 1,000;
2. Failure to display the name of the person
				or well drilling company on the equipment used for the installation, removal,
				maintenance, alteration, or repair of the well or the pump: $ 400.00 through $
				1,000;
3. Failure to respond to
				request for information from the Department in accordance with
N.J.A.C. 7:9D-4.2
: $
				400.00 through $ 1,000;
4. Failure
				to keep a copy of the well permit or well decommissioning plan onsite at all
				times for inspection by any authorized local, county, or State official: $
				250.00 through $ 750.00;
5. Failure
				to provide a New Jersey license of the proper class upon request during a work
				site inspection by any authorized local, county, or State official: $ 250.00
				through $ 750.00;
6. Failure to
				provide a copy of the permit to the property owner: $ 250.00 through $
				750.00;
7. Failure to cancel a well
				permit within 90 days of the permit's expiration date: $ 100.00 through $
				500.00; or
8. Failure to notify the
				Department in writing of a change in mailing address or telephone number within
				14 calendar days of the change: $ 100.00 through $ 500.00.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 4 - CIVIL ADMINISTRATIVE ORDERS AND PENALTIES; DENIAL, SUSPENSION, AND REVOCATION OF LICENSES; DENIAL AND REVOCATION OF PERMITS; AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:9D-4.5 - Basis for denial of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				recommendation of the Board, the Department may deny issuance of a well
				drilling license of the proper class or pump installer license upon a
				determination that:
1. The applicant has
				failed the examination administered pursuant to
				7:9D-1.12;
2. The applicant has provided false or
				inaccurate information in the application;
3. The applicant has failed to correct a
				violation or otherwise failed to comply with the Act, this chapter, a permit, a
				court order, an administrative order, or has failed to pay a due and owing
				penalty;
4. The applicant's
				experience is based on well drilling or pump installing not in accordance with
				the Act or this chapter;
5. The
				applicant did not possess the requisite experience as required at
N.J.A.C. 7:9D-1.8
;
6. The applicant has not
				been recommended by the Board; or
7. Other good cause.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 4 - CIVIL ADMINISTRATIVE ORDERS AND PENALTIES; DENIAL, SUSPENSION, AND REVOCATION OF LICENSES; DENIAL AND REVOCATION OF PERMITS; AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:9D-4.6 - Basis for suspension or revocation of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				recommendation from the Board, the Department may suspend or revoke, on an
				individual case basis, any license, upon a determination that:
1. A licensee has committed fraud, error, or
				deceit in obtaining his or her license;
2. A licensee has committed one or more
				construction-related violation(s);
3. A licensee has committed one or more
				non-construction-related violations;
4. A licensee has demonstrated gross neglect,
				incompetence, or misconduct in the practice of well drilling or pump
				installation or repair in the State of New Jersey;
5. A licensee has willfully violated any
				provision of the Act or any other State statute relating to the installation or
				repair of wells and well pumping equipment;
6. A licensee has failed to correct a
				violation or otherwise failed to comply with the Act, this chapter, a permit, a
				court order, an administrative order, or has failed to pay a due and owing
				penalty;
7. A licensee has
				committed a violation which causes, or has the potential to cause, substantial
				harm to public health, safety, or welfare of the environment; or
8. Other good cause.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 4 - CIVIL ADMINISTRATIVE ORDERS AND PENALTIES; DENIAL, SUSPENSION, AND REVOCATION OF LICENSES; DENIAL AND REVOCATION OF PERMITS; AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:9D-4.7 - Procedures for civil administrative orders, assessment of civil administrative penalties, and suspension or revocation of license and adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any order, any notice of civil
				administrative penalty assessment, any notice of suspension of license, or any
				notice of revocation of license issued pursuant to this subchapter shall:
1. Be served by certified mail, return
				receipt requested, or personal service at the address on file with the
				Department upon the person or persons who are the subject of the order or
				notice;
i. Where certified mail and personal
				service has been attempted by the Department and has not been successful,
				service shall be by first class mail to the address on file with the
				Department;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 4 - CIVIL ADMINISTRATIVE ORDERS AND PENALTIES; DENIAL, SUSPENSION, AND REVOCATION OF LICENSES; DENIAL AND REVOCATION OF PERMITS; AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:9D-4.8 - Procedures to request an adjudicatory hearing to contest an administrative order, administrative penalty assessment, suspension of license, revocation of license or permit, or the denial of license or a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				(petitioner) requesting an adjudicatory hearing to contest an administrative
				order, civil administrative penalty assessment, denial, suspension, or
				revocation of a license or permit or to challenge any permit or license
				condition, or who believes himself or herself to be aggrieved with respect to
				decisions made by the Department, shall:
1.
				Submit the original request in writing to:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute
				  Resolution
ATTENTION: Adjudicatory Hearing Request
401 E. State Street, Mail Code 401-07A
PO Box 420
Trenton, New Jersey 08625-0420
2. Submit a copy of the request to the
				offices indicated in the document being contested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:9E-1.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				governs activities conducted by laboratories certified under the Department's
				Regulations Governing the Certification of Laboratories and Environmental
				Measurements, N.J.A.C. 7:18, for compliance with the Private Well Testing Act.
				Specifically, the chapter establishes water test parameters and requirements
				for the collection, analysis, and submittal of test results and establishes
				procedures and requirements for maintaining the confidentiality of any
				information submitted to the Department or other government agencies pursuant
				to the Private Well Testing Act and this chapter.
(b) This chapter shall not be construed to
				limit or preempt the authority of a county, county health department, health
				agency, or a designated health officer from making or causing to made such
				inspection and testing of a water supply as may be necessary to ensure the
				health and safety of the residents of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:9E-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstances is held invalid, such invalidity shall not
				  affect other provisions or applications, and to this end, the provisions of
				  this chapter are declared to be severable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 2 - SAMPLING AND TESTING REQUIREMENTS › Section 7:9E-2.1 - Parameters for which testing is required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				water sample shall be analyzed for the following parameters:
1. Total coliform bacteria;
2. If the sample tests positive for total
				coliform bacteria, the sample shall be analyzed for Escherichia coli, in
				accordance with
				N.J.A.C.
				7:18-4.6;
3. Nitrate;
4. Iron;
5. Manganese;
6. pH;
7. All volatile organic compounds for which
				maximum contaminant levels (MCLs) have been established under the Safe Drinking
				Water Act,
				N.J.S.A.
				58:12A-1et seq., and implementing rules,
				N.J.A.C. 7:10;
8. Lead;
9. Arsenic;
10. Gross alpha particle activity, determined
				using the 48 Hour Rapid Gross Alpha Test, in accordance with N.J.A.C.
				7:18;
11. As of March 3, 2019, the
				synthetic organic compounds, 1,2,3-trichloropropane, ethylene dibromide, and
				1,2-dibromo-3-chloropropane; and
12. As of December 1, 2021, the per- and
				polyfluoroalkyl substances perfluorononanoic acid (PFNA), perfluorooctanoic
				acid (PFOA), and perfluorooctanesulfonic acid (PFOS).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 2 - SAMPLING AND TESTING REQUIREMENTS › Section 7:9E-2.2 - Collection requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water samples
				subject to this chapter shall be collected by either a New Jersey certified
				laboratory or the laboratory's authorized representative, as defined at
				7:9E-1.2. The sample collector who
				analyzes for pH shall be an employee of a certified environmental laboratory,
				as defined at
				7:18-1.7, which is certified to
				analyze for pH in accordance with the Regulations Governing the Certification
				of Laboratories and Environmental Measurements, N.J.A.C. 7:18.
(b) Water samples shall be collected and
				preserved in accordance with the Regulations Governing the Certification of
				Laboratories and Environmental Measurements, N.J.A.C. 7:18, and in accordance
				with the additional requirements set forth at
				7:9E-2.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 2 - SAMPLING AND TESTING REQUIREMENTS › Section 7:9E-2.3 - Sample location

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water sampling
				locations for compliance with this chapter shall be as follows:
1. If there is no water treatment system, as
				defined at 7:9E-1.2, in use on the subject
				property, samples shall be collected from a primary cold water, non-aerated
				spigot or tap that draws from, or feeds water to, the potable water system of
				the subject property.
2. Where a
				water treatment system is in use on the subject property, the sample shall be
				collected as follows:
i. The water treatment
				system shall be disconnected or otherwise disabled prior to the collection of
				the water sample; or
ii. The sample
				shall be collected at a location prior to the water treatment system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9E - PRIVATE WELL TESTING ACT RULES › Subchapter 2 - SAMPLING AND TESTING REQUIREMENTS › Section 7:9E-2.4 - Testing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
All water samples collected under this chapter shall be
				  analyzed by a laboratory certified for those parameters subject to this
				  chapter, using Safe Drinking Water Methods as set forth in the Regulations
				  Governing the Certification of Laboratories and Environmental Measurements,
				  N.J.A.C. 7:18, and in accordance with this chapter.