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Montana Administrative Register Notice 36-22-137 No. 7   04/15/2010    
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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 of 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 PUBLIC HEARING ON PROPOSED AMENDMENT

 

To:       All Concerned Persons

 

            1.  On May 13, 2010, at 9:00 a.m., the Department of Natural Resources and Conservation will hold a public hearing in the Fred Buck Conference Room (first floor), at the Department of Natural Resources and Conservation, Water Resources Division, 1424 Ninth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

            2.  The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact the agency no later than 5:00 p.m. on April 30, 2010, to advise the agency of the nature of the accommodation that you need.  Please contact Art Robinson, Department of Natural Resources and Conservation, 1424 Ninth Avenue, Helena, MT  59620, telephone (406) 444-6643; fax (406) 444-0533; e-mail arobinson@mt.gov.

 

            3.  The rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

            36.21.410  EXAMINATION

            (1) and (2) remain the same.

            (3)  The examination fees may be found at ARM 36.21.415.

            (3) and (4) remain the same but are renumbered (4) and (5).

            (56)  Oral examinations may be given in the Helena board office with specific board approval on a case-by-case basis.

            (6) and (7) remain the same but are renumbered (7) and (8).

            (9)  Any applicant who is determined by the board to be cheating on an examination or using inappropriate material during an examination will fail and be required to wait at least one year before reapplying for a license.

            (10)  An applicant shall have one year from the date of board approval to take the examination for which the application was approved.  If the examination is not taken within that one-year period, the applicant will be required to submit a new application with written verification, and pay the applicable fees.

            (11)  An applicant who fails to take an examination within 18 months from the date of the last examination that was failed will be required to submit a new application, provide written verification, and pay the applicable fees.

 

            AUTH:  37-43-202, MCA

            IMP:  37-43-305, 37-43-308, MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.410 are reasonably necessary to clarify exam fees and to set a timeline and consequences for cheating on examinations in order to ensure equitable treatment of all applicants.

 

            36.21.413A  REQUIRED TRAINING  (1)  Licensees shall obtain a minimum of four hours of board approved training prior to license renewal each July. This requirement will be effective starting with the renewal year of July 1, 1991.

            (2)  The training may include, but is not limited to, :

            (a)  National Water Well Association, ;

            (b)  Montana Water Well Drillers Association, ;

            (c)  board sponsored workshops, ; or

            (d)  other board approved training, relating to the specific area of licensure.

            (3) remains the same.

            (4)  Credit may be requested for training classes that a licensee has completed without prior board approval, provided the licensee can supply:

            (a)  verification of actual attendance, ;

            (b)  a course outline, ; and

            (c)  an explanation as to why prior approval was not obtained. These courses will be approved on a case-by-case basis.

            (5) and (6) remain the same.

 

            AUTH:  37-43-202, MCA

            IMP:  37-43-202(6) and (7), MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.413A are reasonably necessary to remove obsolete language and correct minor grammatical errors.

 

            36.21.634  DEFINITIONS  For purposes of this chapter, the following terms shall apply: .

            (1)  "Abandoned water well":

            (a)  "permanent" means a well whose use has been permanently discontinued. ; and

            (b)  "temporary" means a well from which a drilling rig has been removed from the well site prior to completing or altering the well.

            (2) remains the same.

            (3)  "Annular space" or ("annulus") means the space between a drill hole and a casing pipe, or between two well casings.

            (4) through (8) remain the same.

            (9)  "Casing":

            (a)  "inner" means the inner tubing, pipe, or conduit installed inside the well casing or lower well drill hole, and which is used to protect against caving formations or to seal out polluted or mineralized water zones. ; and

            (b)  "outer" means an impervious durable pipe placed in a well to:

            (i)  prevent the walls from caving, to ;

            (ii)  seal off surface drainage or undesirable water, gas, or other fluids to prevent their entering the well, ; and to

            (iii)  prevent the waste of groundwater water.

            (10)  remains the same.

            (11)  "Clay" means a fine-grained, inorganic material having plastic properties and with a predominant grain size of less than 0.005 mm or (0.0002 inches).

            (12)  "Community water system" means any public water supply system which serves at least ten service connections used by year-round residents or regularly serves at least 25 15 year-round residents.

            (13)  "Concrete" means a mixture of not more than two parts sand and one part cement, and not more than six gallons of clear water per 94-pound bag of pPortland cement. Up to five percent, by weight, of bentonite clay may be used to improve flow and reduce shrinkage.

            (14) remains the same.

            (15)  "Consolidated formation" means any geologic formation in which the earth materials have become firm and coherent through natural rock forming processes. It includes, including, but is not limited to, basalt, granite, sandstone, shale, conglomerate, and limestone.

            (16)  "Construction of water wells" means all acts necessary to obtain ground groundwater by wells, including:

            (a)  the contracting for, and excavation of the well, ;

            (b)  installation of casing, sealing material, and screens, ; and

            (c)  developing and testing, whether in the installation of a new well or the alteration of an existing well. The term does not include the installation of permanent pumps and pumping equipment.

            (17) and (18) remain the same.

            (19)  "Disinfection" means the introduction of chlorine, or other disinfecting agents using a method approved by the board, in a sufficient concentration and followed by an adequate exposure contact time so as to inactivate coliform or other indicator organisms.

            (20)  remains the same.

            (21)  "Gravel pack":

            (a)  "artificial gravel pack" means placement of gravel in the annular space around the well casing or screen. A gravel pack is frequently used to:

            (i)  prevent the movement of finer material into the well casing, ;

            (ii)  to increase the ability of the well to yield water; and

            (iii)  to lend lateral support to screens in unstable formations. ; and

            (b)  "natural gravel pack" means a gravel pack which leaves the coarser, naturally occurring gravels around the screen. The finer sands are removed from the formation by development.

            (22) remains the same.

            (23)  "Montana Bureau of Mines and Geology (MBMG)" means the Montana Bureau of Mines and Geology located in Butte, Montana.

            (234)  "Multi-family Multiple-user water supply system" means a nonpublic water supply system designed to provide water for human consumption.  In estimating the population served, the reviewing authority shall multiply the number of living units based on the most recent census data. to serve  The supply system shall provide water for:

            (a)  2 3 through 9 14 living units. ; or

            (b)  3 through 14 commercial units. The total people served shall not exceed 24.

            (24) through (27) remain the same but are renumbered (25) through (28).

            (289)  "Public water supply system" means a system for the provision of water for human consumption from any community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that has at least 15 service connections or that regularly serves at least 25 persons daily for any period of at least 60 days or more in a calendar year.

            (29) remains the same but is renumbered (30).

            (301)  "Pumps" and "pumping equipment" means any equipment or materials utilized or intended for use, including seals and tanks, together with fittings and controls, in withdrawing or obtaining ground water groundwater for any use.

            (312)  "Sand" means a detrital material having a prevalent grain size ranging from 2 millimeters to 0.06 millimeters or (0.08 inches to 0.002 inches).

            (32) remains the same but is renumbered (33).

            (334)  "Sealing material" means neat cement, bentonite water slurry or grout, or bentonite chips or pellets. Bentonite water slurry shall be mixed according to the manufacturer's instructions as a sealing material, and shall in no case contain no less than 1.5 pounds of bentonite per gallon of freshwater water. The mixed slurry shall weigh not no less than nine pounds per gallon.

            (a) and (b) remain the same.

            (c)  Any slurry or cement shall be pumped from the bottom up. Chip or pellet placement may be gravity fed at a controlled rate that equals or is slower than the manufacturer's recommendation, and in such a manner that will prevent bridging.

            (345)  "Silt" means an unconsolidated clastic sediment composed predominantly of particles between 0.06 and 0.005 mm or (0.002 inches to 0.0002 inches) in diameter.

            (356)  "Static water level" means the vertical distance from the surface of the ground to the water level in a well when no water is being taken from the aquifer, either by pumping or by free flow.

            (37)  "Transient noncommunity water system" means a public water supply system that is not a community water system and that does not regularly serve at least 25 of the same persons for at least six months per year.

            (3638)  "Unconsolidated formation" means naturally occurring, noncemented materials including, but not limited to, clay, sand, silt, and gravel.

            (37) remains the same but is renumbered (39).

            (3840)  "Well drilling machine" means any power-driven machine used in the construction or alteration of water wells, including, but not limited to, percussion, jetting, rotary, boring, digging, or augering machines.

            (3941)  "Well log report" means DNRC fForm nNo. 603 (see ARM 36.12.102).  The water well driller/contractor shall record the well information on the wells constructed and file the report as required by ARM 36.21.639 and 85-2-516 and 85-2-527, MCA. to be completed  and filed by a water well driller/contractor to record well information on wells constructed.

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

            36.21.635  PUBLIC, COMMUNITY, NONCOMMUNITY PUBLIC, AND MULTI-FAMILY MULTIPLE-USER WATER SUPPLY WELLS  (1)  All wells for public, community, noncommunity public, and multi-family multiple-user water supply system use are governed by those construction standards set forth in the dDepartment of eEnvironmental qQuality rules (ARM Title 17, chapters 30, 36, and 38). Copies of the those rules may be obtained by contacting DEQ that department.

            (2)  The minimum construction standards set by the Bboard of Wwater Wwell Ccontractors in this subchapter (Title 36, chapter 21, sub-chapter 6) shall apply to all wells in Montana. However, for the above-stated wells, the department of environmental quality DEQ may adopt more specific or stringent standards.

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.634 and 36.21.635 are reasonably necessary for clarification and to conform with existing DEQ rules and other drilling rules and construction standards in order to avoid potential conflicts between rule sets.  The amendments also correct minor grammatical errors.

 

            36.21.639  WELL LOG REPORTS  (1) A licensed Licensed Montana water well contractors/drillers shall prepare a well log report form for each well drilled. The contractors/drillers shall supply a copy of the file each well log report (Form No. 603) with the Ground Water Information Center (GWIC) of the MBMG within 60 days of completing the well.  The contractors/drillers shall also provide copies of each well log, within 60 days of completing the well, to:

            (a)  to the water well owner; and

            (b)  other such agencies as required by sections 85-2-516 and 85-2-517, MCA. , and maintain a copy as a record in his files.

            (2)  The contractors/drillers must maintain copies of each well log report in their own files.

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.639 are reasonably necessary to set time tables for filing well logs and to identify the entity that well logs must be filed with.  The amendments also correct minor grammatical errors.

 

            36.21.640  WELL CASING  (1)  All casing installed, other than plastic casing as set forth in ARM 36.21.641 and 36.21.645, shall be of steel, in new or like new condition, being free of pits, breaks, or contamination, and shall meet minimum American Ssociety of Ttesting materials (ASTM) A-120) A53 specifications for line pipe, for the following sizes:

 

                              Table 1 - Minimum specifications for steel well casing.

Nominal Size 

(inches)

Outside

Diameter

(inches)

Wall

Thickness (inches) 

Weight

Per Foot (pounds)

2

2.375

0.154

3.56

2

2.875

0.203

5.79

3

3.500

0.216

7.58

3

4.000

0.226

9.11

4

4.500

0.237

10.79

5

5.563

0.244

13.70

6

6.625

0.250

17.02

8

8.625

0.250

22.36

10

10.750

0.250

28.04

12

12.750

0.312

41.45

14

14.000

0.312

45.68

16

16.000

0.312

52.27

18

18.000

0.375

70.59

20

20.000

0.375

78.60

 

            (2)  All casing having a diameter larger than 20 inches shall have a wall thickness of at least 0.375 inch.

            (3)  Well casing installed in a well greater than a nominal diameter of ten inches, may have a wall thickness of 0.250 inch as long as it otherwise meets ASTM A-120 A53 specifications and does not exceed the following depth limitations:

 

                               Table 2 – Diameter and depth limitations.

Diameter 

Maximum Depth

12 inches

250 feet

14-16 inches

150 feet

18-20 inches 

100 feet

 

            (4) remains the same.

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.640 are reasonably necessary because the A-120 specification from the American Society of Testing Materials is obsolete.  ASTM A53 is the most commonly used casing in the state and meets or exceeds current specifications for wall thickness.

 

            36.21.645  PLASTIC CASING  (1)  All plastic casing shall be installed only in an oversized drill hole without driving. Wells cased with plastic shall have steel casing extending a minimum of 18 25 feet below the surface and 18 inches above the ground surface. Plastic casing to be used must be specifically designed for water well construction and bears NSF approval. Methods of installation shall be:

            (a)  by installing a larger size steel casing on the outside of the plastic casing with a minimum of 4 four feet of overlap (see Figure 6A at the end of this subchapter); or

            (b)  by attaching directly to the plastic casing a threaded plastic to steel coupling (Figure 6B) .

            (2)  Thermoplastic well casing shall conform with American Society for Testing and Materials ASTM Specification F480-81, or its latest revision, as follows:

            (a) and (b) remain the same.

            (c)  minimum pipe stiffness shall be 224 foot-pounds/in² [kiloneutron (meter meter)] when tested according to section 5.4.1 of American Society for Testing and Materials ASTM Specification F480;

            (d)  all casing 5 five inches [(12.7 centimeters)] and larger shall be tested for impact resistance and shall meet or exceed IC-1 impact classification according to section 6.5 and table 6 of American Society for Testing and Materials ASTM Specification F480; and

            (e) through (5) remain the same.

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

            36.21.654  SEALING OF CASING – GENERAL  (1)  In constructing, developing, redeveloping, or conditioning a well, care shall be taken to preserve the natural barriers to ground-water movement between aquifers and to seal aquifers or strata penetrated during drilling operations which might impair water quality or result in cascading water.

            (a)  All sealing shall be permanent and prevent possible downward movement of surface waters in the annular space around the well casing.

            (b)  Sealing shall be accomplished to prevent the upward movement of artesian waters within the annular space around the well casing that could result in the waste of groundwater water.

            (c)  The sealing shall restrict the movement of groundwater water either upward or downward from zones that have been cased out of the well because of poor quality.

            (d)  When cement grout is used in sealing, it shall be set in place 72 hours before additional drilling takes place, unless special additives are mixed with the sealing material that will cause it to adequately set in a shorter period of time.

            (e)  All sealing shall be performed by adding the mixture from the bottom of the space to be sealed toward the surface in one continuous operation. The minimum sealing material thickness shall be 3 three inches.   A minimum thickness of 1.5 inches of sealing material shall be applied around the outside of the casing.

            (a) Three inches of sealing material shall mean 1 1/2 inches of sealing material around the outside of the casing on all sides.

            (2) remains the same.

            (3)  All new wells shall be sealed to a minimum depth of 18 25 feet with appropriate sealing material with the exception of those wells addressed in (4) of this rule.

            (4) and (5) remain the same.

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

            36.21.655  CONSOLIDATED FORMATIONS  (1)  The following special sealing methods may be required in situations where different techniques are necessary to protect aquifers.

            (a)  (2) In drilled wells that penetrate an aquifer either within a consolidated or confining formation, sealing of the casing shall conform with one of the following procedures:

            (i)  (a) Aan upper drill hole, at least 3 three inches greater in diameter than the nominal size of the permanent well casing, shall extend from land surface to at least 3 three feet into sound, consolidated formation, but in .  In no instance shall said upper drill hole extend less than 18 25 feet below land surface. ; and

            (ii)  Uunperforated permanent casing shall be installed to extend to this same depth, and the lower part of the casing shall be sealed into the rock formation with cement grout. The remainder of the annular space to land surface shall be filled with an appropriate sealing material (see Figure 2A at the end of this subchapter).

            (3) remains the same but is renumbered (2).

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

            36.21.656  UNCONSOLIDATED FORMATIONS WITHOUT SIGNIFICANT CLAY BEDS  (1)  The following special sealing methods may be required in situations where different techniques are necessary to protect aquifers.

            (a)  (2) In drilled wells that penetrate an aquifer overlain by unconsolidated formations such as sand and gravel without significant clay beds, an unperforated well casing shall extend to at least 1 one foot below the known seasonal low water table. An upper drill hole having a diameter at least 3 three inches greater than the nominal size of the permanent casing shall extend to at least 18 25 feet below land surface.

            (3) through (6) remain the same but are renumbered (b) through (e).

            (7) remains the same but is renumbered (2).

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

            36.21.659  SEALING OF ARTIFICIAL GRAVEL PACKED WELLS, PERMANENT SURFACE CASING NOT INSTALLED  (1)  The following special sealing methods may be required in situations where different techniques are necessary to protect aquifers.

            (a)  (2) An upper drill hole having a diameter of at least 3 three inches greater than the outside diameter of the production casing shall be drilled to extend from land surface into a clay or other formation of low permeability overlying the water-bearing zone.

            (b)  The annular space to this depth shall be filled with sealing material. If the clay or other impermeable formation is at or near land surface, the upper drill hole and unperforated production casing shall extend to a minimum depth of 18 25 feet below land surface, provided that the casing does not pass through the impermeable zone.

            (c)  A suitable bridge shall be installed in the annular space between the gravel pack and the sealing material. A gravel fill pipe may be installed for injecting gravel prior to sealing the top of the gravel pack (see ARM 36.21.656(5) for definition of a suitable bridge).

            (d)  Special care shall be taken to  iensure that the seal is watertight around the injection pipe. The injection pipe shall be capped with a watertight seal or plug (see Figure 4A at the end of this subchapter).

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

            36.21.660  SEALING OF ARTIFICIAL GRAVEL PACKED WELLS, PERMANENT SURFACE CASING INSTALLED  (1)  The following special sealing methods may be required in situations where different techniques are necessary to protect aquifers.

            (a)  (2) When permanent surface casing is installed, the well bore shall have a diameter of at least 3 three inches greater than the surface casing for the introduction of sealing materials.

            (b)  A watertight seal shall be installed at the top of the gravel pack between the permanent surface and production casing.

            (c)  Sealing procedures and installation of gravel fill pipes are substantially the same as in ARM 36.21.659 above.

            (d)  If a temporary casing is used to maintain the oversized drill hole, the annular space to be sealed under conditions of ARM 36.21.659 and 36.21.660 shall be kept full with cement grout or bentonite clay grout as the temporary casing is withdrawn (see Figure 4B at the end of this subchapter).

            (2) (3)  If a clay layer or other formation of low permeability is not encountered before reaching the top of the water-bearing zone, the upper drill hole and unperforated production casing shall extend to a minimum depth of 18 25 feet below land surface. Sealing procedures, installation of gravel fill pipes, and temporary casing are substantially the same as in ARM 36.21.659 and 36.21.660.

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

            36.21.678  WATER WELL LOG REPORT  (1)  A water well log report, Form No. 603, fully describing all abandonment procedures, shall be submitted to the department of natural resources and conservation Ground Water Information Center (GWIC) of the MBMG within 60 days of abandoning the well.

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.645, 36.21.654 through 36.21.656, 36.21.659 and 36.21.660, and 36.21.678 are reasonably necessary for clarification and to conform with existing DEQ rules and other drilling rules and construction standards in order to avoid potential conflicts between rule sets.  The amendments also correct minor grammatical errors.

 

            36.21.679  DRY OR INADEQUATE WELL HOLES  (1)  Water wells which have been constructed and do not provide an adequate supply of water for the use for which they were drilled (dry hole) are not to be considered completed until the well driller either:

            (a)  removes the casing and fills the hole with cement grout, concrete, or bentonite clay grout, ; or

            (b)  constructs the well in accordance with minimum well construction standards and welds a 0.25 1/4-inch thick steel plate fully covering the top of the casing providing a watertight seal.

            (2)  A water well log report must be completed and filed with each dry hole, as per ARM 36.21.639, after moving the drilling equipment from the drill site.

 

            AUTH:  37-43-202(3), MCA

            IMP:  37-43-202(3), MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.679 are reasonably necessary to set time tables for filing well logs and to identify the entity that well logs must be filed with.  The amendments also correct minor grammatical errors.

 

            36.21.702  APPLICATION APPROVAL AND EXAMINATION

            (1) and (2) remain the same.

            (3)  The examination fees may be found at ARM 36.21.415.

            (3) remains the same but is renumbered (4)

            (4) Any applicant who has failed the monitoring well constructor examination and wishes to retake the exam will be required to pay the re-examination fee prescribed in ARM 36.21.415.

            (5)  Any applicant determined by the board to be cheating on an examination or using inappropriate material during an examination will fail and be required to wait at least one year before reapplying for license.

            (6)  An applicant shall have one year from the date of board approval to take the examination for which the application was approved.  If the examination is not taken within that one-year period, the applicant will be required to submit a new application with written verification and pay the applicable fees.

            (7)  An applicant who fails to take an examination within 18 months from the date of the last examination that was failed will be required to submit a new application, provide written verification, and pay the applicable fees.

 

            AUTH:  37-43-202, MCA

            IMP:  37-43-303, 37-43-305, MCA

 

REASONABLE NECESSITY:  The amendments to the rule are reasonably necessary to clarify exam fees and to set a timeline and consequences for cheating on examinations in order to ensure equitable treatment of all applicants.

 

            36.21.801  DEFINITIONS  The following definitions shall apply for monitoring well construction:

            (1)  "Abandoned well" means a well whose use has been permanently discontinued.

            (2)  "Annular space" or "annulus" means the space between two concentric tubes or casings, or between the casing and the borehole wall.

            (3) through (5) remain the same.

            (6)  "Board" means the Montana Board of Water Well Contractors.

            (6) and (7) remain the same but are renumbered (7) and (8).

            (89)  "Casing protective", means tubing which is installed to counteract caving and isolate the zone being monitored of a drilled hole:

            (a)  "protective" means a section of pipe or tubing that is placed over the well casing at the surface to provide structural protection to the well and restrict unauthorized entrance into the well. ; and

            (9b)  "Casing, surface" means a single section of tubing used to stabilize a borehole near the surface during, and following the drilling of the hole.

            (10)  "Cement" means Portland cement, usually furnished in 94-pound bags.

            (11) and (12) remain the same.

            (13)  "Contamination" means the degradation of natural water quality as a result of man's human activities. There is no indication of specific limits, since the degree of permissible contamination depends upon the intended use(s), or uses, of the water.

            (14) through (19) remain the same.

            (20)  "Hazardous" means a condition where materials or fluids contain sufficient types and amounts of biological, chemical, or physical (including radiological) agents which are likely to cause human illness, disorders, or disability. These include, but are not limited to, pathogenic viruses, bacteria, parasites, toxic chemicals, and radioactive isotopes.

            (21) through (25) remain the same.

            (26)  "Monitoring well" means a well that is used for monitoring groundwater water quality or flow direction, but is not used for withdrawing groundwater water for purposes other than water quality sampling or pump testing.

            (27)  "Monitoring Well Log Report fForm" means DNRC Form No. 603, Well Log Report.  The monitor well constructor shall record the well information on the wells constructed and file the report as required by ARM 36.21.639 and 85-2-516 and 85-2-527, MCA.  the form required by the department of natural resources and conservation to be filed for each monitoring well completed.

            (28)  "Montana Bureau of Mines and Geology (MBMG)" means the Montana Bureau of Mines and Geology located in Butte, Montana.

            (28) remains the same but is renumbered (29).

            (2930)  "Nonbiodegradable fluidizing admixtures" means grout additives that provide temporary reduction of gel strength by dispersing the clay particles. Nonbiodegradable limits the use to only those additives not subject to biological decomposition. Natural polymers are biodegradable and may not be used. Totally synthetic polymers must be used with care, and only after determining that they are chemically acceptable can they be introduced into freshwater water systems.

            (30) through (35) remain the same but are renumbered (31) through (36).

            (3637)  "Recovery well" means a well installed to recover contaminates that have been introduced into the groundwater water table, but is not used for monitoring groundwater water quality or flow direction.

            (3738)  "Saline seep" means an artificially created groundwater water system of poor quality, created by a change in the land use, which generally occurs in materials of very low transmissivity.

            (a) remains the same.

            (38) remains the same but is renumbered (39).

            (3940)  "Sealing material" means an impervious or low permeable inorganic material used for the purpose of preventing interaquifer contamination and/or surface water infiltration.  Types of sealing material include The term includes:

            (a)  Aasphaltic concrete, which is means a mixture of dense graded sand or sand and gravel and asphalt cement with less than 8% eight percent air voids. ;

            (b)  Bbentonite clay grout, which is means a mixture of at least 1.5 pounds of bentonite clay per gallon of potable water. ;

            (c)  Bbentonite pellets and chips, which are means particles of bentonite passing a 3/4 0.75-inch sieve and retained on a #4 sieve. ;

            (d)  Ccompacted clay cuttings, which are means uncontaminated cuttings, a sample of which can be rolled into a thread of 1/8 0.125 inch in diameter or smaller, and compacted to a density of at least equal to the formation from which they were cut. Bentonite powder passing a #200 sieve may be mixed with the cuttings. When attempting to roll the thread, particles of sand and gravel larger than a #40 sieve may be removed.

            (e)  Ccuttings slurry grout, which is means a mixture of uncontaminated water and a minimum of 15% percent solids by weight consisting of uncontaminated clay or shale cuttings, and a minimum of 10% ten percent bentonite by weight. The mixture shall have a unit weight of at least 9.00 pounds per gallon. ;

            (f)  Ggranular bentonite, which is means a bentonite sand size particles, most of which passes a #4 sieve, and most of which are retained on a #200 sieve. ;

            (g)  Nneat cement grout, which is means a mixture of not more than six gallons of potable water per 94-pound sack of Portland cement. Up to five pounds of bentonite clay per sack of cement may be added. When bentonite is added, the quantity of water may be increased 0.1 gallon for each pound of bentonite per sack of cement. Commercial fly ash may be substituted on a weight basis for up to half of the Portland cement. ; and

            (h)  Portland cement concrete, which is means a mixture of sand, Portland cement, potable water, and 4 four to 8% eight percent air. The mixture may May contain gravel. Fly , and fly ash may be substituted for up to 25% percent of the Portland cement.  It shall Shall contain at least six sacks of cement per cubic yard and have a 28-day compressive strength of at least 4,000 psi.

            (40) through (49) remain the same but are renumbered (41) through (50).

 

            AUTH:  37-43-202, MCA

            IMP:  37-43-202, MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.801 are reasonably necessary to define "board" within the subchapter, to set a timeline for filing well log reports, and to identify the Bureau of Mines and Geology.  The amendments also correct minor grammatical errors.

 

            36.21.803  MONITORING WELL CONVERSION  (1)  A well used for monitoring purposes may not be converted to a water supply well, unless it:

            (a)  meets minimum water well construction standards (ARM Title 36, chapter 21, sub-chapter 5), ;

            (b)  has board approval,; and

            (c)  complies with the Ddepartment of Nnatural Rresources and Cconservation's water rights statutes. (Title 85, chapter 2, MCA).

           

            AUTH:  37-43-202, MCA

            IMP:  37-43-202, MCA

 

REASONABLE NECESSITY:  The amendments to the rule are reasonably necessary to removed the reference to subchapter 5, which was repealed in 1997.  The amendments also correct minor grammatical errors.

 

            36.21.809  MONITORING WELL REPORTS  (1)  A licensed monitoring well constructor shall prepare a monitoring well report form for each monitoring well drilled. The monitoring well constructor shall supply copies of the report to the monitoring well owner and the department of natural resources and conservation within 60 days of completing the well. The monitoring well constructor shall retain a copy as a record in his files. file each well log report (Form No. 603) within 60 days of completion of the well with the Ground Water Information Center (GWIC) of the MBMG.  The contractors/drillers shall also provide copies of each well log, within 60 days of completion of the well, to:

            (a)  the water well owner; and

            (b)  other such agencies as required by 85-2-516 and 85-2-517, MCA.

            (2)  The monitoring well constructors must maintain copies of each well log report in their own files.

 

            AUTH:  37-43-202, MCA

            IMP:  37-43-202, MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.809 are reasonably necessary to set time tables for filing well logs to identify the entity that well logs must be filed with.  The amendments also correct minor grammatical errors.

 

.           36.21.810  ABANDONMENT

            (1) remains the same.

            (2)  Monitoring wells, that have outlived their useful purpose shall be abandoned by one of the following methods:

            (a)  If if the casing and screen are left in place, the casing and screen shall be sealed from the bottom up by the following methods:

            (i)  using a pump and hose or tremie pipe to conduct the sealing material to the bottom of the well; or

            (ii)  by filling the casing and screen with bentonite pellets or chips placed in a manner that will prevent bridging. Metal casings shall be cut off 3 three feet below the ground surface and the last 3 three feet backfilled with naturally occurring soils;

            (i) It is recommended that in all cases where possible the casing be pulled.

            (b)  the department recommends that the casing be removed in all possible instances.  If the casing and/or screen are removed, the hole shall be filled with sealing material, concrete, or bentonite pellets or chips from the bottom up, as the casing and/or screen is removed. From 6 six to 3 three feet from the surface, bentonite shall be added to the well. The last 3 three feet shall be filled with naturally occurring soils;

            (c)  Tthe sealing material shall be bentonite pellets or chips, bentonite clay grout, neat cement grout, or concrete. They The material may contain nonbiodegradeable fluidizing admixtures, provided they will not contaminate the ground groundwater. Sealing materials which settle shall be topped to provide a continuous column of grout to within 3 three feet of the surface; or

            (d)  Oother methods for abandonment with prior board approval.

            (3) and (4) remain the same.

            (5)  A water well log report, fully describing all abandonment procedures, shall be submitted to the Ground Water Information Center (GWIC) of the MBMG within 60 days of abandoning the well.

 

            AUTH:  37-43-202, MCA

            IMP:  37-43-202, MCA

 

REASONABLE NECESSITY:  The amendments to ARM 36.21.810 are reasonably necessary for clarification and to conform with existing DEQ rules and other drilling rules and construction standards in order to avoid potential conflicts between rule sets.  The amendments also correct minor grammatical errors.

 

            4.  Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing.  Written data, views, or arguments may also be submitted in writing to Art Robinson, Department of Natural Resources and Conservation, 1424 Ninth Avenue, Helena, MT  59620; fax (406) 444-6643; or e-mail arobinson@mt.gov, and must be postmarked no later than May 13, 2010.

 

            5.  Art Robinson, Department of Natural Resources and Conservation, has been designated to preside over and conduct the hearing.

 

            6.  An electronic copy of this proposal notice is available through the department's site on the World Wide Web at http://www.dnrc.mt.gov.  The department strives to make the electronic copy of this Notice of Public Hearing on Proposed Amendment conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.

 

            7.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding conservation districts and resource development, forestry, oil and gas conservation, trust land management, water resources, or a combination thereof.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be sent or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

            8.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply. 

 

 

 

 

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 April 5, 2010.

 

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