Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 46.00 - Certification Of Well Drillers And Filing Of Well Completion Reports
Section 46.01 - General

(1) Authority and Purpose. The Department of Environmental Protection (Department) promulgates 310 CMR 46.00 pursuant to the authority granted to it under M.G.L. c. 21G,§§ 14 and 20. 310 CMR 46.00, among other things, establish the qualifications for certification, information to be filed upon well completion, certification responsibilities, and criteria whereby a certification can be revoked.

(2) Definitions.

Abandoned Well means productive or non productive well, use of which has been permanently discontinued or has been out of service at least three years, is no longer suitable or used for monitoring purposes, or is a potential hazard to public health or safety and the situation cannot be corrected, such as well construction terminated before completion.

Alteration means changing the structural or hydraulic characteristics of a well, including well deepening, hydrofracturing, well casing extension, replacement, or repair.

Business of Well Drilling means charging a fee or advertising for hire the availability to drill productive or nonproductive wells in Massachusetts. The term drilling shall include both digging and drilling.

Casing means impervious durable pipe placed in a boring to prevent the walls from caving and to serve as a vertical conduit for water in the well.

Certified Well Driller means an individual authorized by certification with the Department, or under the predecessor regulations, 313 CMR 3.00, by registration with the Department of Conservation and Recreation, to engage in the business and supervise the drilling, altering, or decommissioning of wells in Massachusetts, and who signs and submits the well completion report to the Department and the municipal board of health.

Commissioner means the Commissioner of the Department of Environmental Protection.

Decommissioning means plugging of an abandoned well so that it will not serve as a conduit for movement of water to or from the well or between water bearing zones.

Department means the Department of Environmental Protection.

Drawdown means extent of lowering of the water surface in a well resulting from discharge of water in the well.

Engage in the Business means having a principal financial interest in the firm doing business.

Hydrofracturing means the science of entering a dry or low yield water well with special mechanical or inflatable well packers, used in conjunction with high pressure volume pumps to inject water for cleaning out existing seams and breaking into new aquifers.

Immediate Field Supervision means providing sufficient onsite direction to the drilling crew and oversight of the drilling operation to ensure compliance with state regulations, municipal codes, and permit requirements on well location, drilling operation, use of equipment, materials, personnel, and quality of workmanship. For productive wells, this includes making certain that any required municipal permit has been obtained and state dig-safe regulations are complied with before starting the drilling operation, as well as performing onsite supervision of drilling startup, setting of casing, installing the protective well seal, and testing for well yield. For nonproductive wells, this includes the certified well driller inquiring with the municipality about regulations, and either obtaining or ensuring that any required municipal permit is obtained before starting the drilling operation, making certain that state dig-safe regulations are complied with, and providing sufficient technical oversight to ensure that guidelines contained in the Department's Standard References for Monitoring Wells are followed.

Municipal Board of Health means the municipal board established in compliance with M.G.L. c. 41,§ 21 and M.G.L. c. 111,§ 26. For purposes of 310 CMR 46.00, board of health includes a department of health established pursuant to M.G.L. c. 111,§§ 26A through 26E.

Nonproductive Well means either a well not having sufficient water available for its intended use or a well used for groundwater monitoring purposes or any well installation tool which is left in the ground for more than 48 hours after the installation. Guidelines for locating, drilling, installing, sampling, and decommissioning monitoring wells are contained in the Department's Standard References for Monitoring Wells.

Productive Well means a well having sufficient water available for its intended use.

Protective Well Seal means device or arrangement which seals the annular space between casing and rock, or between casing and unconsolidated formations, to prevent pollutants from entering the well.

Recovery means the time required after well pumping ceases for the water level in the well to rise to pre-pumping level.

Static Water Level means the distance from established ground surface to the stabilized water surface in a well which is neither being pumped nor under the influence of pumping.

Well or Waterwell means any hole or shaft constructed into the ground for the purpose of injecting or extracting water and other fluids, or to monitor groundwater levels and water quality. Not included are wells used on a temporary basis for the purpose of dewatering excavations, stabilizing hillsides or earth embankments, sampling soil vapors, or sampling groundwater if the installation tool is left in the ground less than 48 hours.

Well Completion means a well for which well data required for the well completion report has been obtained and the drilling rig is moved off the site at the end of the drilling operation.

Well Driller means any individual, corporation, company, association, trust, or partnership that drills, constructs, alters, or decommissions a well for a fee, or advertises for hire to provide such services in Massachusetts.

Well Drilling Rig means any power driven, percussion, rotary, digging, jetting, direct push, vibrating, hydrofracturing, or augering machine used in the construction, alteration or decommissioning of a well.

Well Yield means the smaller of two well test measurements to determine: