Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 12 - WATER WELL CONSTRUCTION, PUMP INSTALLATION, AND WATER WELL DECOMMISSIONING STANDARDS › Section 178-12-002 - DEFINITIONS

Current through June 17, 2024
Abandoned Water Well
means any water
				  well (1) the use of which has been accomplished or permanently discontinued,
				  (2) which has been decommissioned as described in the rules and regulations of
				  the Department of Health and Human Services, and (3) for which the notice of
				  abandonment required by
Neb Rev. Stat
. §
									46-602(2)  has
				  been filed with the Department of Natural Resources by the licensed water well
				  contractor or pump installation contractor who decommissioned the water well or
				  by the water well owner if the owner decommissioned the water well.
Annular Fill
means materials placed
				  in the annular space between the surface seal required in NAC 12-003.08C and
				  the primary aquifer seal required in NAC 12-003.08A.
Annular Space
means the space
				  between the well casing and the well borehole wall and/or the space between two
				  or more strings of well casing.
Aquifer
means a geological
				  formation, group of formations, or part of a formation that contains sufficient
				  saturated permeable material to yield significant quantities of water to wells
				  and springs.
Aquifer Seal
Primary Aquifer Seal
means a
				  non-slurry bentonite or high solids bentonite grout interval placed in the
				  annular space on top of the gravel pack just above the screened openings,
				  and/or beginning at the base of the first layer of silt/clay above the
				  production zone, and/or at or immediately below the static water level,
				  whichever provides the most aquifer protection.
Surface Seal
means a grout interval
				  placed in the annular space within the first 15 feet below surface.
Backflow Preventer
means an
				  assembly, a device, or a construction practice that prohibits the backflow of
				  water from the distribution piping into the water well. This includes but is
				  not limited to check valves, curb stops, or air gaps.
Bentonite
means a highly plastic,
				  colloidal sodium clay composed largely of montmorrillonite.
Bentonite Seal
means a viscous
				  bentonite based material used as a seal or plug.
Bored or Dug Well
means a well
				  consisting of a large diameter borehole, usually two feet or more, lined with
				  concrete, clay tile, brick, or stone.
Casing
means a structural retainer
				  which is installed in the borehole to support loose formation, provide a
				  conduit for movement of fluids, and/or house pumping equipment.
Cesspool
means an underground catch
				  and discharge basin for household sewage or other liquid waste.
Clay
means a fine grained inorganic
				  material (grains less than 0.0005 mm in diameter) which has very low
				  permeability.
Community Water System
means a
				  public water system that (a) serves at least 15 service connections used by
				  year-round residents of the area served by the system or (b) regularly serves
				  at least 25 year-round residents. (
Neb. Rev. Stat
.
				  §
									71-5301)
Confining Layer
means a geologic
				  layer of either unconsolidated or consolidated material having permeability
				  distinctly lower than the adjacent aquifer(s).
Construction of Water Wells
means
				  and includes all acts necessary to make a water well usable for the purpose for
				  which it is intended including, without limitation, the siting of and
				  excavation for the water well and its construction, alteration, or repair, but
				  excluding the installation of pumps and pumping equipment.
Contamination
means the addition of
				  unwholesome or undesirable parts that render the larger whole physically
				  unclean or impure.
Decommissioned
when used in relation
				  to a water well, means the act of filling, sealing, and plugging a water well
				  in accordance with the rules and regulations of the Department.
Department
means the Department of
				  Health and Human Services.
Dewatering Well
means a water well
				  constructed for the purpose of lowering the ground water surface elevation,
				  either temporarily or permanently.
Discharge Pipe
means any and all
				  piping beginning at the discharge head, or pitless unit tapping, extending to
				  the first backflow prevention device.
Distribution Piping
means all piping
				  extending beyond the discharge pipe.
Driven Sandpoint Well
means a well
				  that is driven, washed or jetted into an aquifer with the sandpoint attached
				  directly to the pump suction line.
Good Cause
means a substantial
				  reason consistent with the purposes of the Water Well Standards and
				  Contractors' Practice Act.
Gravel Pack
means filter material
				  placed in the annular space around the well screen.
Ground Water
means water below the
				  surface of the ground.
Ground Water Heat Pump Well
means a
				  well constructed for the purpose of utilizing the geothermal properties of the
				  ground.
1.
Open Loop Heat Pump Well
means a
				  well that transfers heat via pumped ground water which is discharged above
				  and/or below ground. For below ground discharge refer to NDEQ Title 122.
2.
Closed Loop Heat Pump Well
means
				  a well constructed for the purpose of installing the underground piping
				  necessary to recirculate heat transfer fluid.
a.
Horizontal Closed Loop System
means a boring, trench, or pit essentially parallel to the horizon and into
				  which a closed loop pipe is placed for the purpose of utilizing the geothermal
				  properties of the ground.
b.
Vertical Closed Loop System
means
				  a borehole essentially perpendicular to the horizon into which a closed loop
				  pipe is placed and includes the horizontal closed loop header piping for the
				  purpose of utilizing the geothermal properties of the ground.
Grout
means materials composed of
				  bentonite clays and/or portland cements, and if needed, other additives that
				  when combined form a low permeability seal not greater than
				  1x10-7 cm/sec. Grout material is designed to seal
				  the annular space when used for well construction and the well cavity when used
				  for decommissioning.
Illegal Water Well
means any water
				  well which has not been properly decommissioned and which meets any of the
				  following conditions:
1. The water well is in such a condition that it cannot be
				  placed in active or inactive status;
2. Any necessary operating equipment has been removed and the
				  well has not been placed in inactive status;
3. The water well is in such a state of disrepair that
				  continued use for the purpose for which it was constructed is
				  impractical;
4. The water well was constructed after October 1, 1986, but
				  not constructed by a licensed water well contractor or by an individual on land
				  owned by him/her and used by him/her for farming, ranching, or agricultural
				  purposes or as his/her place of abode;
5. The water well poses a health or safety hazard;
6. The water well is an illegal water well in accordance with
Neb. Rev. Stat
. §
									46-706; or
7. The water well has been constructed after October 1, 1986,
				  and such well is not in compliance with the standards developed under the Water
				  Well Standards and Contractors' Practice Act.
Inactive Status Water Well
means a
				  water well that is in a good state of repair and for which the owner has
				  provided evidence of intent for future use by maintaining the water well in a
				  manner which meets the following requirements:
1. The water well does not allow impairment of the water
				  quality in the water well or of the ground water encountered by the water
				  well;
2. The top of the water well or water well casing has a
				  watertight welded or threaded cover or some other watertight means to prevent
				  its removal without the use of equipment or tools to prevent unauthorized
				  access, to prevent a safety hazard to humans and animals, and to prevent
				  illegal disposal of wastes or contaminants into the water well;
3. All entrances and discharge piping to the water well are
				  effectively sealed to prevent the entrance of contaminants; and
4. The water well is marked so as to be easily visible and
				  located and is labeled or otherwise marked so as to be easily identified as a
				  water well and the area surrounding the water well is kept clear of brush,
				  debris, and waste material.
Injection Well
means a well into
				  which fluids are injected (regulated under NDEQ Title 122).
Installation of Pumps and Pumping
				  Equipment
means the procedure employed in the placement and
				  preparation for operation of pumps and pumping equipment at the water well
				  location, including connecting all wiring to the first control and all
				  construction or repair involved in making entrance to the water well, which
				  involves the breaking of the well seal.
Monitoring Well
means a well
				  constructed for purposes of monitoring water quality and/or quantity.
Non-potable Well
means a water well
				  constructed to produce water not intended for human consumption.
Observation Well
means a non-potable
				  water well constructed for the purpose of measuring water levels and/or
				  collecting water quality samples that is not located in a zone of
				  contamination.
Open Hole Well
means a water well
				  that results from the drilling of a hole into certain rock formations and often
				  finished with no casing or screen adjacent to the water-yielding portion of the
				  rock.
Person
means any: Individual;
				  partnership; limited liability company; association, public or private
				  corporation; trustee; receiver; assignee; agent; municipality or other
				  governmental subdivision, public agency; other legal entity; or any officer or
				  governing or managing body of any public or private corporation, municipality,
				  governmental subdivision, public agency, or other legal entity.
Pitless Unit
means an underground
				  discharge assembly for a water well which attaches directly to the casing and
				  provides watertight subsurface connections for suction lines or pump discharge
				  without the use of a well pit and includes the underground distributor and the
				  steel extension to the ground surface.
Pollution
means an impairment of
				  water quality to a degree that restricts the intended use of ground
				  water.
Potable Well
means a water well
				  constructed to produce water for human consumption.
Primary Aquifer Seal
means a
				  non-slurry bentonite or high solids bentonite slurry grout interval placed in
				  the annular space on top of the gravel pack just above the screened openings,
				  and/or beginning at the base of the first layer of silt/clay above the
				  production zone, and/or at or immediately below the static water level,
				  whichever provides the most aquifer protection.
Public Water System
means a system
				  for providing the public with water for human consumption through pipes or,
				  after August 5, 1998, other constructed conveyances, if such system has at
				  least 15 service connections or regularly serves an average of at least 25
				  individuals daily at least 60 days per year. Public water system includes (a)
				  any collection, treatment, storage, and distribution facilities under control
				  of the operator of such system and used primarily in connection with such
				  system and (b) any collection or pretreatment storage facilities not under such
				  control which are used primarily in connection with such system. Public water
				  system does not include a special irrigation district. A public water system is
				  either a community water system or a non-community water system.
Service connection does not include a connection to a system
				  that delivers water by a constructed conveyance other than a pipe if (i) the
				  water is used exclusively for purposes other than residential uses, consisting
				  of drinking, bathing, cooking, or other similar uses, (ii) the Department
				  determines that alternative water to achieve the equivalent level of public
				  health protection provided by the Nebraska Safe Drinking Water Act and rules
				  and regulations under the act is provided for residential or similar uses for
				  drinking and cooking, or (iii) the Department determines that the water
				  provided for residential or similar uses for drinking, cooking, and bathing is
				  centrally treated or treated at the point of entry by the provider, a
				  pass-through entity, or the user to achieve the equivalent level of protection
				  provided by the Nebraska Safe Drinking Water Act and the rules and regulations
				  under the act.
Special Irrigation District means an irrigation district in
				  existence prior to May 18, 1994, that provides primarily agricultural service
				  through a piped water system with only incidental residential or similar use if
				  the system or the residential or similar users of the system comply with
				  exclusion provisions of subdivision (ii) or (iii) of this subdivision.
				  (
Neb. Rev. Stat
. §
									71-5301.)
(Licensed) Pump Installation
				  Contractor
means an individual who has obtained a license from the
				  Department and who is the principal officer, director, manager, or
				  owner/operator of any business engaged in the installation of pumps and pumping
				  equipment or the decommissioning of water wells.
(Licensed) Pump Installation
				  Supervisor
means an individual who has obtained a license from the
				  Department and who is engaged in the installation of pumps and pumping
				  equipment or the decommissioning of water wells. Such supervisor may have
				  discretionary and supervisory authority over other employees of a pump
				  installation contractor.
Pumps and Pumping Equipment
means
				  any equipment or materials utilized or intended for use in withdrawing or
				  obtaining ground water including, but not limited to seals, tanks, fittings,
				  and controls.
Recovery Well
means a water well
				  constructed for the purpose of, or in conjunction with, the removal of
				  contamination from an aquifer or aquifers.
Sanitary Well Seal
means a device
				  used to cap a water well or to establish and maintain a junction between the
				  casing or curbing of a water well and the piping or equipment installed
				  therein, the purpose or function of which is to prevent pollutants from
				  entering the water well.
Screen Apertures
means a series of
				  openings in a water well casing, made either before or after installation of
				  the casing, to permit the entrance of water into the well.
Screened Vent
means an inverted,
				  U-shaped tube, or the equivalent, the open end of which is covered with a wire
				  mesh, that is inserted into the top of a well to equalize the air pressure
				  inside the well with that of the atmosphere.
Secure Cover or Cap
means an object
				  placed over a borehole or water well, the purpose of which is to prevent the
				  degradation of ground water quality and/or personal injury.
Seepage Pit
means a cavity into
				  which sewage discharges and from which the discharge seeps into the surrounding
				  soil.
Septic Tank
means a covered,
				  watertight receptacle for receiving sewage and liquid waste, for separating
				  solids and liquids, for disintegrating organic material by bacterial action,
				  and for discharging clarified liquid for final disposal.
Soil Absorption System (Septic Lateral
				  Field)
means a drain field, leaching area, or seepage bed
				  including the effluent application/distribution system intended for the
				  treatment of wastewater or disposal of effluent. The absorption system includes
				  the infiltrative surface in the absorption trench and the soil between and
				  around the trenches.
Static Water Level
means the
				  distance from the ground surface to the water level in a well when the well is
				  not being pumped.
Substantially Equivalent
means any
				  procedure or material to be used for water well construction, pump
				  installation, or water well decommissioning which provides equal protection to
				  ground water resources from potential pollution and protects public health
				  equivalent to the procedures or materials prescribed in 178 NAC 12.
Subsurface Disposal System
means any
				  system that utilizes the soil for subsequent absorption of treated sewage; such
				  as a lateral field, absorption trench, seepage bed, or seepage pit.
Supervision
or its derivatives means
				  the ready availability of an individual licensed as a contractor or supervisor
				  under the Water Well Standards and Contractors' Practice Act for consultation
				  and direction of the activities of any individual not licensed who assists in
				  the construction of a water well, the installation of pumps and pumping
				  equipment, or decommissioning of a water well. Contact with the licensed
				  contractor or supervisor by telecommunication is sufficient to show ready
				  availability.
Surface Seal
means a grout interval
				  placed in the annular space within the first 15 feet below surface.
Test Hole
means a hole or excavation
				  designed to obtain information on hydrogeologic conditions.
Tremie Pipe
means a pipe or hose
				  that carries grout or gravel pack to the placement depth.
Watertight Casing
means a watertight
				  pipe that is of sufficient wall thickness to permit threading, gluing, or
				  welding; is capable of withstanding the pressures exerted during installation
				  and forces imposed by the surrounding materials; and will resist corrosion by
				  soil and water environments.
Watertight Secure Cover
means a
				  welded, solvent welded, threaded, or bolted watertight cover for a water well
				  that is secured in such a way so as to prevent its removal without the use of
				  tools.
Water Well
means any excavation that
				  is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed
				  for the purpose of exploring for ground water, monitoring ground water,
				  utilizing the geothermal properties of the ground, obtaining hydrogeologic
				  information, or extracting water from or injecting fluid as defined in
Neb. Rev. Stat
. §
									81-1502 into the underground water
				  reservoir. Water well does not include any excavation described in
Neb. Rev. Stat
. §
									46-601.01(1) (b) and
				  (1) (c).
(Licensed) Water Well Contractor
means any individual who has obtained a license from the Department and who is
				  the principal officer, director, manager, or owner-operator of any business
				  engaged in the construction or decommissioning of water wells.
(Licensed) Water Well Drilling
				  Supervisor
means any individual who has obtained a license from
				  the Department and who is engaged in the construction or decommissioning of
				  water wells. Such supervisor may have discretionary and supervisory authority
				  over other employees of a water well contractor.
Well Development
means the act of
				  repairing alterations to the formation during construction of the well and
				  enhancing the porosity and permeability of materials surrounding the intake
				  portion of the well. The development process is the application of mechanical
				  devices and/or the use of chemicals to remove drilling fluids and debris left
				  in the filter pack and formation as a result of the drilling process.
Well Pit
means a structure that is
				  set at or below grade and houses a pump and/or pumping equipment and is large
				  enough to allow an individual to fully enter the structure to work on such
				  equipment and is not water tight.
Well Screen
means the section of the
				  well that allows water to pass from an aquifer into the well or from the well
				  into an aquifer.