BEFORE THE BOARD OF WATER WELL CONTRACTORS AND

THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

 

In the matter of the amendment ARM 36.21.410, 36.21.413A, 36.21.634, 36.21.635, 36.21.639, 36.21.640, 36.21.645, 36.21.654, 36.21.655, 36.21.656, 36.21.659, 36.21.660, 36.21.678, 36.21.679, 36.21.702, 36.21.801, 36.21.803, 36.21.809, and 36.21.810 pertaining the Board of Water Well Contractors

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NOTICE OF AMENDMENT

 

To:  All Concerned Persons

 

            1.  On April 15, 2010, the Board of Water Well Contractors of the Department of Natural Resources and Conservation published MAR Notice No. 36-22-137 regarding a notice of public hearing on the proposed amendment of the above-stated rules at page 843 of the 2010 Montana Administrative Register, Issue No. 7.

 

2.  The department has amended ARM 36.21.410, 36.21.413A, 36.21.635, 36.21.639, 36.21.640, 36.21.645, 36.21.654 through 36.21.656, 36.21.659, 36.21.660, 36.21.678, 36.21.679, 36.21.702, 36.21.801, 36.21.803, 36.21.809, and 36.21.810 as proposed.

 

3.  The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

           

            36.21.634  DEFINITIONS

            (1) through (11) remain as proposed.

            (12) "Community water system" means any public water supply system which

serves at least ten 15 service connections used by year-round residents or regularly serves at least 15 25 year-round residents.

            (13) through (41) remain as proposed.

 

COMMENT 1:

Commenter stated that a 25-foot minimum extension of the casing to sealing depth is too high.  The current 18-foot depth is sufficient and there are no problems with that depth.  Drilling deeper would also incur extra costs for the driller.

 

RESPONSE 1:

Current Department of Environmental Quality rules and other drilling rules and construction standards already require a 25-foot casing depth for all wells put in subdivisions.  All wells within a 100-year floodplain and public or community wells also require the 25-foot sealing.  The change to DNRC rules is to avoid potential conflicts between rule sets.

 

COMMENT 2:

Commenter proposed changing the 60-day period for supplying well logs to supplying the well logs after the driller has received payment for the well construction. 

 

RESPONSE 2:

One of the main reasons DNRC has the 60-day period for supplying well logs is because 85-2-516, MCA, states that the well log will be submitted within 60 days to the Montana Bureau of Mines and Geology.  In order to change that requirement, the MCA would have to be amended legislatively, which is beyond the authority of the BWWC.

 

COMMENT 3:

Commenter stated that the casing comes in 20-foot pieces, and that it would be more beneficial for the driller if the depth were an amount that coincided with 20-foot increment as drillers cannot use the leftover pieces.

 

RESPONSE 3:

See Response 1.

 

COMMENT 4:

Commenter stated that if there are specific instances of contamination that necessitate the 25-foot casing sealing then those instances should be dealt with on a case-by-case basis.

 

RESPONSE 4:

See Response 1.

 

COMMENT 5:

Commenter stated that it would help if the board required bentonite placement by the pitless adapter when sealing the water line.  Commenter wanted to include in the sealing of the casing, a requirement that sealing material be replaced when back filling after installing a pitless adapter.

 

RESPONSE 5:

DNRC thanks the commenter, but that amendment falls outside of the scope of the current rulemaking.

 

COMMENT 6:

Commenter stated that there was a misprint in ARM 36.21.634(12) and that it should read, "'Community water system' means any public water supply system which

serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents."

 

RESPONSE 6:

DNRC agrees and has made the change.

 

COMMENT 7:

Commenter stated that DNRC should amend ARM 36.21.801 and replace "groundwater table" with "water table".

 

RESPONSE 7:

DNRC thanks the commenter, but that amendment falls outside of the scope of the current rulemaking.

 

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

 

/s/  Mary Sexton                                             /s/  Fred Robinson                                       

MARY SEXTON                                            FRED ROBINSON

Director                                                          Rule Reviewer

Natural Resources and Conservation

 

Certified to the Secretary of State July 6, 2010.