NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
WATER RESOURCE MANAGEMENT
Division of Water Supply & Geoscience

Notice of Rule Proposal
Well Construction & Maintenance; Sealing of Abandoned Wells, N.J.A.C. 7:9D
Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection is proposing amendments to the Well Construction & Maintenance; Sealing of Abandoned Wells Rules (Well Rules). A statement of the substance of the proposal follows:

The Department is proposing amendments to the Well Rules at N.J.A.C. 7:9D, to address changes in the well drilling industry over the past decade including the development of new materials, methods and technologies for use by the well drilling industry, and the rising demand for green energies such as closed loop geothermal systems.  Secondly, 2005 amendments to the Act mandate the establishment of a continuing education program for all licensed well drillers and pump installers, the requirements of which are proposed under these amendments.  The Department is also proposing to transition administration of the licensing exams and the maintenance of continuing education points (CEPs) to an examination and CEP manager.  In addition, the Department is proposing amendments to enforcement provisions in response to industry concerns including increased oversight of individuals who are in violation of this chapter, and the establishment of clear procedures for revocation, suspension and refusal to renew a license.  The Department is also proposing to add the New Jersey Water Pollution Control Act (WPCA) at N.J.S.A. 58:10A-1 as statutory authority to reflect the Department’s authority at N.J.S.A. 58:10A-4 to establish rules that protect water quality.  Finally, the Department is proposing to amend the Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A, to update cross references and ensure consistency between the minimum distance requirements for wells found in the Well Rules at N.J.A.C. 7:9D-2.7.

The proposal is scheduled to be published in the New Jersey Register dated June 19, 2017. A copy of the proposal is available from: https://dep.nj.gov/wp-content/uploads/rules/proposals/20170619a.pdf.

A public hearing(s) concerning the proposal is scheduled as follows:

Thursday, August 10, 2017 at 10:00 a.m.
Department of Environmental Protection
401 East State Street
Trenton, NJ  08625
1st floor, Public Hearing room

Written comments may be submitted electronically by August 18, 2017 at https://dep.nj.gov/rules/comment-on-dep-rulemaking-2/; or
In hard copy to:

Colin Emerle, Esq.
ATTN: (DEP Docket No.08-17-05)
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402