(1) Wells requiring permanent abandonment include, but are not limited to those:

(a) whose use has been permanently discontinued, or

(b) in such disrepair that its continued use for obtaining groundwater is impractical or may be a health hazard, or

(c) whose existence allows intermixing of waters which cause deleterius effects upon temperatures, qualities, or pressures, or

(d) a well in the process of being drilled which is rendered unusable because of driller error and for which drilling must be discontinued.

(2) The well owner is responsible for abandonment of wells described in (1) (a) , (b) , and (c) .

(3) The well driller is responsible for abandonment of wells described in (1) (d) . These types of wells shall be permanently abandoned by the driller within 60 days after drilling is discontinued.

(4) The driller should advise well owner of this requirement that abandoned wells must be permanently abandoned.

(5) The board may order the driller to permanently abandon an unusable well that may be a danger to the aquifer.

History: 37-43-202(3), MCA; IMP, 37-43-202(3), MCA; NEW, 1991 MAR p. 913, Eff. 6/14/91; AMD, 1997 MAR p. 65, Eff. 1/17/97.