178 Neb. Admin. Code, ch. 12, § 002

Current through June 17, 2024
Section 178-12-002 - DEFINITIONS

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.

178 Neb. Admin. Code, ch. 12, § 002