Virginia Law

12VAC5-630-350. General.

This chapter does not apply to private wells constructed, altered, rehabilitated or extended prior to the effective date of these regulations unless the well construction is modified or expanded after the effective date of these regulations.

The class of well to be constructed shall be determined by the local or district health department or the division.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.1, eff. April 1, 1992.

12VAC5-630-360. Classes of water wells.

The following classes of private wells are established for purposes of this chapter. These classes are in addition to those established in the current Commonwealth of Virginia Waterworks Regulations (12VAC5-590-10 et seq.) and are intended for use for private well systems:

1. Class III - Private wells constructed to be used as a source of drinking water. There are three subclasses:

a. Class IIIA - Drilled wells in which the annular space around the casing is grouted to a minimum depth of 20 feet.

(1) The well shall be drilled and cased to a depth of at least 100 feet.

(2) The cased drill hole shall pass through at least 50 feet of collapsing material such as caving sand, gravel or other material that will collapse against the casing.

b. Class IIIB - Drilled wells in which the casing is installed to a minimum depth of 50 feet and the annular space around the casing is grouted to at least 50 feet.

c. Class IIIC - Drilled, bored, driven or jetted wells other than Class IIIA and Class IIIB.

2. Class IV - Private wells constructed for any purpose other than use as a source of drinking water.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.2, eff. April 1, 1992.

12VAC5-630-370. Water quality and quantity.

A. Class IV wells exempt. The water quality requirements contained in this section apply only to Class III private wells. Class IV private wells (wells not constructed as a source of drinking water) are not subject to any quality requirements. These regulations contain no well yield requirements. See 12VAC5-630-460 for suggested minimum well yields for residential supplies.

B. Sample tap. A sample tap shall be provided at or near the water entry point into the system so that samples may be taken directly from the source; this requirement may be met by utilizing the first tap on a line near where the plumbing enters the house (may be a hose bib), provided the tap precedes any water treatment devices.

C. Disinfection. The entire water system including the well shall be disinfected prior to use (12VAC5-630-430 and 12VAC5-630-470).

D. Sampling. After operating the well to remove any remaining disinfectant, a sample of the water from the well shall be collected for bacteriological examination. The sample may be collected by the owner, well driller, or other person in accordance with procedures established by the department and provided the sample is submitted to a private laboratory certified by the Department of General Services, Division of Consolidated Laboratory Services, for analysis.

E. Test interpretation. A Class III private well shall be considered satisfactory if the water sample(s) test(s) negative for coliform organisms as described in subdivision 1 or 2 below. Sources with positive counts shall be tested as described in subdivision 3 below to determine if the water supply is amenable to continuous disinfection (chlorination). Samples that exhibit confluent growth shall be considered inconclusive and another sample shall be collected.

1. Where a private well has no unsatisfactory water sample within the previous 12 months, one water sample which tests negative for coliform bacteria shall be considered satisfactory for coliform organisms.

2. Where a private well has had one or more positive water samples within the past 12 months for coliform bacteria, at least two consecutive samples must be collected and found negative for coliform organisms before the supply may be considered satisfactory for coliform organisms. The samples must collected at least 24 hours apart and the well may not be disinfected between samples.

3. When a private well does not test satisfactory for coliform organisms continuous disinfection may be recommended to the homeowner if the water supply is found to be suitable for continuous disinfection. A minimum of 10 samples shall be collected and tested for total coliform using an MPN methodology. The geometric mean of the samples shall be calculated and if the result is less than 100 organisms per 100 ml, the supply shall be considered satisfactory for continuous disinfection.

F. Water treatment. If tests indicate that the water is unsatisfactory and no other approvable source is available, adequate methods of water treatment shall be applied and demonstrated to be effective pursuant to 12VAC5-630-370 E 3 prior to the issuance of an inspection statement. The district or local health department shall be consulted when treatment is necessary.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.3, eff. April 1, 1992.

12VAC5-630-380. Well location.

A. Sanitary survey. Any obvious source of toxic or dangerous substances within 200 feet of the proposed private well shall be investigated as part of the sanitary survey by the district or local health department. Sources of contamination may include, but are not limited to, items listed in Table 3.1, abandoned wells, pesticide treated soils, underground storage tanks, and other sources of physical, chemical or biological contamination. If the source of contamination could affect the well adversely, and preventive measures are not available to protect the ground water, the well shall be prohibited. The minimum separation distance between a private well and structures, topographic features, or sources of pollution shall comply with the minimum distances shown in Table 3.1. Where the minimum separation distances for a Class IV well cannot be met, a permit may be issued under this chapter for a well meeting all of the criteria in 12VAC5-630-400 and 12VAC5-630-410 and the separation distance requirements for either a Class IIIA or IIIB well, without deviation, and such Class IV well shall not be required to meet the water quality requirements of 12VAC5-630-370.

B. Downslope siting of wells from potential sources of pollution. Special precaution shall be taken when locating a well within a 60 degree arc directly downslope from any part of any existing or intended onsite sewage disposal system or other known source of pollution, including, but not limited to, buildings subject to termite or vermin treatment, or used to store polluting substances or storage tanks or storage areas for petroleum products or other deleterious substances. The minimum separation distance shall be: (i) increased by 25 feet for every 5.0% of slope; or (ii) an increase shall be made to the minimum depth of grout and casing in the amount of five feet for every 5.0% of slope.

C. Sites in swampy areas, low areas, or areas subject to flooding. No private well covered by this chapter shall be located in areas subject to the collection of pollutants such as swampy areas, low areas, or areas subject to flooding. Wells located in flood plains shall be adequately constructed so as to preclude the entrance of surface water during flood conditions. At a minimum, such construction will include extending the well terminus 18 inches above the annual flood level. Other requirements may be made as determined on a case by case basis by the division.

D. Property lines. There is no minimum separation distance between a private well and a property line established by this chapter. The owner is responsible for establishing a separation distance from property lines such that the construction and location of the well will be on the owner's property and comply with any local ordinances.

E. Utility lines. There is no minimum separation distance between a private well and utility lines (electric, gas, water, cable, etc.). The minimum separation distance may, however, be established by the individual utility company or local ordinance.

F. Pesticide and termite treatment. No Class III private well shall be placed closer than 50 feet from a building foundation that has been chemically treated with any termiticide or other pesticide. No Class IV private well shall be placed closer than 50 feet to a building foundation that has been chemically treated with any termiticide or other pesticide except as provided below. Further, no termiticides or other pesticides shall be applied within five feet of an open water supply trench. A Class IV well may be placed as close as 10 feet to a chemically treated foundation if the following criteria are met:

1. The aquifer from which the water is withdrawn must be a confined aquifer (i.e., there must be an impermeable stratum overlying the water bearing formation).

2. The well must be cased and grouted a minimum of 20 feet or into the first confining layer between the ground surface and the water bearing formation from which water is withdrawn, whichever is greater. When the first confining layer is encountered at a depth greater than 20 feet, the well shall be cased and grouted to the first confining layer between the ground surface and the water bearing formation from which water is withdrawn.

3. The material overlaying the confined aquifer must be collapsing material.

G. Exception for closed-loop ground-source heat pump wells. Closed-loop ground-source heat pump wells, depending upon construction, may not have to comply with the minimum separation distances for Class IV wells listed in Table 3.1. If the well is grouted 20 feet, the minimum separation distances must comply with those listed for Class IV wells. If the well is grouted a minimum of 50 feet, the separation distances shall be those listed for Class IIIA or IIIB wells. If the well is grouted the entire depth of the well, the well does not have to comply with the minimum separation distances contained in Table 3.1.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.4, eff. April 1, 1992.

12VAC5-630-390. Site protection.

A. No objects, articles, or materials of any kind which are not essential to the operation of the well shall be placed or stored in a well house, on the well head or well pump or water treatment system, or within close proximity to them.

B. Fencing of an area around the well, or the placement of other barriers or restrictions, may be required as a condition of the permit under certain circumstances, such as to prohibit livestock access to the well head or to prohibit vehicles from damaging or polluting the area around the well head.

C. The area around the well shall be graded to divert surface water away from the well.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.5, eff. April 1, 1992.

12VAC5-630-400. Materials.

A. General. All materials used in private wells shall have long-term resistance to corrosion and sufficient strength to withstand hydraulic, lateral and bearing loads.

B. Casing. Materials used for casing shall be watertight and shall consist of wrought iron, concrete tile, clay tile, steel, stainless steel or plastic, all designed for water well use or other suitable materials as determined by the division. The division shall maintain a list of approved casing materials.

1. Driven casings shall consist of ductile iron, steel or stainless steel and shall be equipped with a suitable drive boot.

2. Casings used for Class IIIA or IIIB wells shall be steel, stainless steel or plastic.

C. Screens. Where utilized, screens shall be constructed of stainless steel, plastic or other suitable materials as determined by the division. Screens shall be constructed of materials which will not be damaged by any chemical action of the ground water or future cleaning operations. Additionally, screens shall be constructed of materials which will not degrade ground water quality.

D. Joints. Joints shall be watertight and mechanically sound. Welded joints shall have smooth interior surfaces and shall be welded in accordance with acceptable welding practice.

E. Gravel. Gravel utilized for gravel packed wells shall be uniformly graded, cleaned, washed, disinfected and of a suitable size.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.6, eff. April 1, 1992.

12VAC5-630-410. Construction; general.

A. Casing.

1. Class IIIA wells shall be cased to a depth of at least 100 feet.

2. Class IIIB wells shall be cased to a depth of at least 50 feet.

3. Except as provided in subdivisions a through e below, all Class IIIC and IV wells shall be cased to a minimum depth of 20 feet or terminated not less than one foot in bedrock when bedrock is encountered at a depth less than 20 feet.

a. When in collapsing material, the casing shall terminate in the aquifer but in no instance be less than 20 feet.

b. Where an aquifer is encountered at less than 20 feet, Class IV wells may be cased to within one foot of the water bearing strata. In the instance of Class IV wells the intent of this chapter is to protect ground water quality, and not to ensure a potable water supply.

Exception: Class IV wells placed closer than 50 feet from a building foundation treated with a chemical termiticide or other pesticide shall comply with the minimum casing depth requirements of 12VAC5-630-380 F 2.

c. Alternate casing depths may be accepted for bored wells when the only aquifer lies between 11 and 20 feet provided the casing is placed within one foot of the aquifer and must not be less than 10 feet in depth from the ground surface.

d. Class III C driven wells shall be cased to the water bearing strata; however, in no case less than 10 feet. No minimum casing requirements apply to Class IV driven wells except that in order to protect ground water they shall be capable of meeting the minimum grouting requirements as described in subdivision C 5 e of this section.

e. Closed-loop ground-source heat pump wells do not have to be cased.

4. All private well casings shall be extended at least 12 inches above ground or 12 inches above a concrete floor in well house with a gravity flow drain. The following wells are exempted from this requirement; however, their location shall be permanently marked for easy location in the future:

a. Drilled shallow well suction pump systems that will not operate unless a vacuum is maintained. The casings for these wells are also the suction lines through which water is drawn.

b. Deep well ejector pump systems that utilize a casing adaptor and must maintain a vacuum to operate.

c. Closed-loop ground-source heat pump wells.

d. Heat pump return wells that are completely sealed.

5. All steel casings shall meet or exceed the material specifications found in 12VAC5-630-480.

6. No plastic well casing shall be installed which will exceed 80% of its RHCP (resistance to hydraulic collapse pressure). When experience has shown, in the division's opinion, that the prevailing geologic conditions are subject to collapse or shifting, or where heavy clay or unstable backfill materials occur, plastic well casings may not exceed 50% of the RHCP rating. It shall be the responsibility of the well driller to submit calculations to the division demonstrating that individual well casings do not exceed these ratings.

B. Screens. When used for the prevention of entry of foreign materials, screens shall be free of rough edges, irregularities, or other defects. A positive watertight seal between the screen and the casing shall be provided when appropriate.

C. Grouting.

1. General. All private wells shall be grouted. It is preferred that no openings are made in the side of the well casing.

2. Purpose. The annular space between the casing and well bore is one of the principal avenues through which undesirable water and contaminants may gain access to a well. The goal of grouting a well is to preclude the entrance of undesirable water and contaminants. Therefore, the annular space shall be filled with a neat cement grout, a mixture of bentonite and neat cement or bentonite clay grout specifically approved by the manufacturer for use as a grouting material.

3. Specifications. The grouting material used shall meet the appropriate specification listed below:

a. Neat cement grout shall consist of cement and water with not more than six gallons of water per bag (94 pounds) of cement.

b. Bentonite clay may be used in conjunction with neat Portland cement to form a grouting mixture. The bentonite used must be specifically recommended by the manufacturer as being suitable for use as a well grout material and cannot exceed 6.0% by weight of the mixture.

c. Bentonite clay used for grouting shall be sodium bentonite with a minimum of 20% clay solids by weight of water. The bentonite clay shall be specifically recommended by the manufacturer for use as a grouting material.

Exception: (i) When exceptional conditions require the use of a less fluid grout, to bridge voids, a mixture of cement, sand and water in the proportion of not more than two parts by weight of sand to one part of cement with not more than six gallons of clean water per bag of cement may be used if approved by the district or local health department, or (ii) for bored wells only, a concrete (1-1-2 mix with all aggregates passing a 1/2-inch sieve) grout with not more than six gallons of clean water per bag of cement may be used provided a minimum three-inch annular space is available and its use approved by the district or local health department.

In cases where an open borehole has been drilled below the depth to which the casing is to be grouted, the lower part of the hole must be backfilled, or a packer must be set in the hole, to retain the slurry at the desired depth. Backfilling the hole with gravel and capping with sand is an acceptable practice. Material ordinarily sold as plaster or mortar sand is usually satisfactory; more than half the sand should be of grain sizes between 0.012 inches and 0.024 inches.

4. Other materials. Other grouting materials may be approved by the division on a case by case basis. Review and approval shall be based on whether the proposed material can consistently be expected to meet the intent of grouting expressed in 12VAC5-630-410 C 2. The proposed material must be an industry acceptable material used for the purpose of grouting water wells.

5. Depth.

a. All Class IIIA wells shall be grouted to a minimum depth of 20 feet.

b. All Class IIIB wells shall be grouted to a minimum depth of 50 feet.

c. All Class IIIC and Class IV wells shall be grouted to a minimum depth of 20 feet when the casing depth is equal to or greater than 20 feet. When the casing depth is less than 20 feet, the casing shall be grouted in accordance with this subsection, from the lower terminus of the casing to the surface.

Exception: Class IV wells placed closer than 50 feet from a building foundation treated with a chemical termiticide or other pesticide shall comply with the minimum grouting depth requirements of 12VAC5-630-380 F 2.

d. Alternate grouting depths may be accepted for bored wells when the only aquifer suitable for a private well lies between 11 and 20 feet provided the grouting shall terminate at least one foot above the aquifer but must not be less than 10 feet in depth from the ground surface.

e. Driven wells shall be grouted to a minimum depth of five feet by excavating an oversize hole at least four inches in diameter larger than the casing and pouring an approved grout mixture into the annular space.

6. Installation. Grout shall be installed by means of a grout pump or tremie pipe from the bottom of the annular space upward in one operation until the annular space is filled, whenever the grouting depth exceeds 20 feet. Pouring of grout is acceptable for drilled wells whenever grouting depth does not exceed 20 feet. Pouring of grout is acceptable for bored wells whenever the grouting depth does not exceed 30 feet provided there is a minimum of a 3-inch annular space. Grouting shall be brought to the ground surface and flared to provide a one foot radius around the casing at least six inches thick. However, whenever pitless adapters are used, the grout shall terminate at the base of the pitless adapter. When an outer casing is necessary to construct a new well, where possible, the outer casing shall be pulled simultaneously with the grouting operation.

7. Annular space. The clear annular space around the outside of the casing and the well bore shall be at least 1.5 inches on all sides except for bored wells which shall have at least a 3-inch annular space.

D. Additional casing and grouting. When a well is to be constructed within 100 feet of a subsurface sewage disposal system, which has been or is proposed to be installed at a depth greater than five feet below the ground surface, the casing and grouting of the water well shall be increased to maintain at least a 15-foot vertical separation between the trench bottom and the lower terminus of the casing and grouting.

E. Well head.

1. General. No open wells or well heads or unprotected openings into the interior of the well shall be permitted. Prior to the driller leaving the well construction site, the owner shall have the driller protect the bore hole by installing a cover adequate to prevent accidental contamination.

2. Mechanical well seals. Mechanical well seals (either sanitary well seals or pitless adapters) shall be used on all wells and shall be water and air tight except as provided in 12VAC5-630-410 F 4.

3. Other. Wells greater than eight inches in diameter shall be provided with a watertight overlapping (shoebox) type cover, constructed of reinforced concrete or steel.

F. Appurtenances passing through casing.

1. General. All openings through well casings shall be provided with a positive water stop.

2. Pitless well adapters. Pitless well adapters shall be subject to approval by the division. All pitless adapters shall be installed according to the manufacturers recommendations.

3. Sanitary well seals. Sanitary well seals shall be subject to approval by the division. All sanitary well seals shall be installed according to the manufacturers recommendations.

4. Venting. Venting, where necessary as determined by the district health department, shall be provided in such a manner as to allow for the passage of air, but not water, insects, or foreign materials, into the well.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.7, eff. April 1, 1992.

12VAC5-630-420. Observation, monitoring, and remediation wells.

A. Except as provided in subsections B and C of this section, observation and monitoring wells are exempted from this chapter.

B. Observation or monitoring wells shall be constructed in accordance with the requirements for private wells if they are to remain in service after the completion of the ground water study.

C. Observation or monitoring wells shall be properly abandoned in accordance with 12VAC5-630-450 within 90 days of cessation of use.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.8, eff. April 1, 1992.

12VAC5-630-430. Disinfection.

All Class III private wells shall be disinfected before placing the well(s) in service. Disinfection shall be accomplished by maintaining a 100 mg/l solution of chlorine in the well for 24 hours utilizing the dosage rates set forth in 12VAC5-630-470.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.9, eff. April 1, 1992.

12VAC5-630-440. Information to be reported.

A copy of a Uniform Water Well Completion Report (see 12VAC5-630-490) shall be provided to the district or local health department within 30 days of the completion of the well or completion of alterations thereto.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.10, eff. April 1, 1992.

12VAC5-630-450. Well abandonment.

A. Well abandonment is governed jointly by the Department of Environmental Quality and the Department of Health pursuant to § 62.1-44.92(6) of the Ground Water Act of 1973 (Repealed). In addition, the abandonment of any private well governed by this chapter, or any private well abandoned as a condition of a permit issued under this chapter, shall be administered by the Department of Health in conformance with this section.

B. A temporarily abandoned well shall be sealed with a water-tight cap or well head seal. Such a well shall be maintained so that it will not be a source or channel for contamination to ground water during temporary abandonment.

C. Permanent abandonment. The object of proper permanent abandonment is to prevent contamination from reaching ground water resources via the well. A permanently abandoned well shall be abandoned in the following manner:

1. All casing material may be salvaged.

2. Before the well is plugged, it shall be checked from land surface to the entire depth of the well to ascertain freedom from obstructions that may interfere with plugging (sealing) operations.

3. The well shall be thoroughly chlorinated prior to plugging (sealing).

4. Bored wells and uncased wells shall be backfilled with clean fill to the water level. A two-foot-thick bentonite plug shall be placed immediately above the water level. Clean fill shall be placed on top of the bentonite plug and brought up to at least five feet from the ground surface. The top five feet of the well casing, if present, shall be removed from the bore hole. If an open annular space is present around the well casing, the annular space shall be filled with grout to the maximum depth possible, but less than or equal to 20 feet. A one-foot-thick cement or bentonite grout plug that completely fills the bore void space shall be placed a minimum of five feet from the ground surface. The remaining space shall be filled with clean fill which is mounded a minimum of one foot above the surrounding ground surface. Bored wells or uncased wells abandoned in this manner shall be treated as wells with respect to determining the minimum separation distance to sources of contamination listed in Table 3.1. The location of these wells shall be permanently marked for future location.

5. Wells constructed in collapsing material shall be completely filled with grout or clay slurry by introduction through a pipe initially extending to the bottom of the well. Such pipe shall be raised, but remain submerged in grout, as the well is filled.

6. Wells constructed in consolidated rock formations or which penetrate zones of consolidated rock may be filled with sand or gravel opposite the zones of consolidated rock. The top of the sand or gravel fill shall be at least five feet below the top of the consolidated rock and at least 20 feet below land surface. The remainder of the well shall be filled with grout or clay slurry.

7. Other abandonment procedures may be approved by the division on a case by case basis.

8. Test and exploration wells shall be abandoned in such a manner to prevent the well from being a channel for the vertical movement of water or a source of contamination to ground water.

9. When bored wells are bored and a water source is not found, and the casing has not been placed in the bore hole, the bore hole may be abandoned by backfilling with the bore spoils to at least five feet below the ground surface. A two-feet-thick bentonite grout plug shall be placed at a minimum of five feet from the ground surface. The remainder of the bore hole shall be filled with the bore spoils.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 3.11, eff. April 1, 1992.

12VAC5-630-460. Water system yields for residential use wells.

A. All drinking water systems that utilize one or more Class III wells shall be capable of supplying water in adequate quantity for the intended usage. All such systems, with a capacity less than three gallons per minute, shall have a capacity to produce and store 150 gallons per bedroom per day and be capable of delivering a sustained flow of five gallons per minute per connection. Systems with a capacity of three gallons per minute or more do not require additional storage.

B. The certified water well systems provider shall certify the storage capacity and the yield of the well on the Uniform Water Well Completion Report.

Statutory Authority

§ 32.1-176.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 22, eff. August 16, 2012.

12VAC5-630-470. Chlorination dosage rates.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100, Appendix II; eff. April 1, 1992.

12VAC5-630-480. Well casing specifications.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100, Appendix III; effective April 1, 1992.