3745-9-04 Well siting.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Environmental Protection Agency

Agency Name

 

Division of Drinking and Ground Water (DDAGW)

Holly Kaloz

Division                                                                  Contact

50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049

614-644-2760        614-644-2909

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3745-9-04

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Well siting.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 6109.04, 6111.42

5.  Statute(s) the rule, as filed, amplifies or implements: 6109.04 (B), 6111.42 (E)

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being proposed to complete a rule review as required by ORC 119.032, and to include amendments regarding well siting requirements.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule establishes well siting criteria. The proposed amendments include

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revisions to the existing rule language and new conditions that provide for the long term protection of the well's source water. The proposed changes include specific setback distances (e.g. 300 feet) from certain waste management activities for all public water supply wells and a restriction from siting a new well where it could capture water from an aquifer beneath certain types of waste management facilities.

The capture zones are the drinking water source protection area (five year time-of-travel) or the inner management zone (one year time-of-travel).

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule references the Administrative Code. Pursuant to section 121.76 of the Revised Code, these references are exempt from the requirements of sections 121.71 to 121.74.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

No changes are being made to the previously filed version of this rule. The entire rule package is being refiled to incorporate changes to other rules in the package.

12. 119.032 Rule Review Date: 4/20/2009

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

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NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

This proposed rule will not change the Agency's projected budget during the current biennium.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Please see RSFA Attachment A.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 of the 120th General Assembly.

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 of the 121st General Assembly.

                                                                                                                                             

Page B-1                                                                                     Rule Number: 3745-9-04

Rule Summary and Fiscal Analysis (Part B)

1.  Does the Proposed rule have a fiscal effect on any of the following?

(a)  School Districts

(b)    Counties                                 (c) Townships           (d) Municipal

Corporations

Yes                              Yes                              Yes                              Yes

2.  Please provide an estimate in dollars of the cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. If you are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate.

This rule may impact school districts, counties, townships, and/or municipal corporations in cases where these entities own and/or operate wells that are addressed under this rule. An estimate of compliance costs is presented in Attachment A.

3.  If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No

4.  If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost of the federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost of the federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations.

Not Applicable.

5.  Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs.

A cost estimate is enclosed as Attachment A.

(a)  Personnel Costs

A cost estimate is enclosed as Attachment A.

Page B-2                                                                                     Rule Number: 3745-9-04

(b)  New Equipment or Other Capital Costs

A cost estimate is enclosed as Attachment A.

(c)  Operating Costs

A cost estimate is enclosed as Attachment A.

(d)  Any Indirect Central Service Costs

A cost estimate is enclosed as Attachment A.

(e)  Other Costs

A cost estimate is enclosed as Attachment A.

6.  Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule.

A public water systems sells or serves water for human consumption. The drinking water assistance fund may financially assist a public water system in accordance with Revised Code section 6109.22 and SDWA section 1452.

7.  Please provide a statement on the proposed rule's impact on economic development.

While some costs will be incurred, implementation of these rules will help avoid potential high future costs. For example, in cases where implementation of these rules protects ground water resources, potential future costs of items such as ground water remediation, development of an alternative water source, and upgraded water treatment can be avoided. Also, the human health and environmental impacts from impacted water supplies can also be avoided. The long term availability of quality water supplies in Ohio will benefit economic development.

                                                                                                                                             

Page E-1                                                                                     Rule Number: 3745-9-04

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall:

(1)    Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment.

(2)   Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment.

(3)  Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whether the proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart.

(4)   Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A)  Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted ? Yes

Please list each contact.

Ohio EPA invited interested parties to comment on this rule during the period of July 7, 2008 to August 8, 2008. Comments received were considered and appropriate revisions to the rules were made. A list of interested parties will be furnished upon request.

(B)  Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or amendment considered ? Yes

Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.)

Please see RSFA Attachment B.

Page E-2                                                                                     Rule Number: 3745-9-04

(C)  Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program ? No

Is the proposed rule or rule amendment more stringent than its federal counterpart ? No

(D)  If this is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? Yes

Please explain why?

The proposed rule establishes some new provisions that are more stringent than the current rule. While some costs will be incurred as a result of these provisions, implementation of these rules will help avoid potential high future costs. For example, in cases where implementation of these rules protects ground water resources, potential future costs of items such as ground water remediation, development of an alternative water source, and upgraded water treatment can be avoided. Also, the human health and environmental impacts from impacted water supplies can also be avoided.

                                                                                                                                             

RSFA Attachment A                                                                                                 Page 1 of 2

Water Well Standards Rules, 3745-9 and 3745-91-10

Estimated Cost of Compliance

OAC rules 3745-9-01, 3745-9-02 and 3745-9-09

The cost of compliance for rules 3745-9-01, 3745-9-02 and 3745-9-09 include costs related to construction of a well in accordance with the standards and the fee paid to the agency for review and approval of plans. The cost of compliance was estimated from a database of projects submitted for plan approval. These estimates often include associated costs such as those for pressure tanks, lines and softening, making the actual cost of constructing a well difficult to determine.

In 2007, approximately 65 projects were completed for construction of one or more wells. The cost of these projects ranged from approximately $800 to $360,000, with a median cost of approximately $14,000 each. The associated plan approval fee for these projects was approximately $260. These costs are primarily personnel costs and new equipment or other capital costs.  Cost for installation of a standard water well range between $15 to $30 per borehole foot, depending on the drilling method, well diameter, depth and casing material. In Ohio, well depth ranges from 50 to 500 feet. Typical well depths are between 100 to 150 feet. The average cost would vary between $1,500 to $4,500 plus the cost of the pump, pumping test requirements and new well chemical analysis requirements. Please note this estimate also includes costs associated with rules 3745-9-05, 3745-9-06, 3745-9-07, and 3745-9-08.

The aquifer or pumping test requirements specified in rule 3745-9-09 cost between $700 to

$7,000 depending on the well classification (high, medium or low use) and the duration of the pumping test. The vast majority of new public water supply wells are low use wells and cost for the test is approximately $700 to $1,500.

The cost of compliance for rule 3745-9-09 also includes costs related to analyzing the water quality of a new well for 54 chemicals.  The complete list of chemicals is included in the appendix to rule 3745-9-09. The average cost, based on a survey of five Ohio EPA approved laboratories, is $888 with a range from $735 to $1,132.

OAC rule 3745-9-03

The cost of compliance for rule 3745-9-03 includes costs associated with installing a monitoring well and sealing an unused monitoring well. The cost of compliance was estimated using information from project cost estimates for Ohio EPA's Hydrogeologic Investigations at Construction and Demolition Debris Facilities (2008) and from estimates provided by Voluntary Action Program Certified Professionals. The range for installing a monitoring well is between

$2,000 and $10,000 based on depth, diameter, drilling method, mobilization cost, and subsurface material (unconsolidated or bedrock). The range for sealing an unused monitoring well is between $500 and $10,000 based on removing the upper 2-4 feet of casing and sealing the well in place or the potential need for complete well casing removal and over drilling of the borehole.

OAC rule 3745-9-04

The cost of compliance for rule 3745-9-04 includes, in some cases, the cost of obtaining control of the land near the well to meet the 50 to 300 feet sanitary isolation radius requirement. This is usually accomplished through direct ownership of the land or lease agreements.  Ohio EPA approves approximately 80-100 new water supply wells annually that must meet the sanitary isolation distance requirements of the rule. Some public water systems may incur the cost of purchasing the land or covering the cost of an easement agreement. Depending on the size of the isolation radius and ownership of the land, the cost would range from $0 to $25,000. The majority of new well approvals are for small public water systems that have a small sanitary isolation distance requirement, 50 feet, which is met on the property they already own.

The proposed revisions include new well siting requirements that should have no direct cost to most public water systems. However, if a public water system would like to locate a new water supply well on land they already own that would not meet the proposed siting requirements, the

RSFA Attachment A                                                                                                 Page 2 of 2

Water Well Standards Rules, 3745-9 and 3745-91-10

entity may have to incur the cost of purchasing the land or obtaining an easement agreement for a new property to meet the sanitary isolation requirement.

OAC rule 3745-91-10

The cost of compliance for rule 3745-91-10 includes costs associated with developing a drinking water source protection plan. Based on data from grants made by Ohio EPA in 2004 and 2005, the cost to counties, townships or municipal corporations operating a community public water system to develop a drinking water source protection plan ranges from approximately $1,000 to

$40,000. The variability in the cost is dependant in large part on how the entity chooses to develop the drinking water source protection plan.

Ohio EPA offers workshops presented by trained agency staff to assist counties, townships or municipal corporations operating community public water systems to develop a drinking water source protection plan. Ohio EPA has also developed materials for use in preparing the drinking water source protection plan. If the public water system collaborates with Ohio EPA to develop the plan, the cost to the entity can be kept to staff time and supplies. Information provided by several small municipal corporation public water systems that participated in a recently completed workshop series indicates the cost to these systems was between $1,000 and $1,200, primarily in staff time, to develop a drinking water source protection plan.

If the public water system decides to hire a consulting or engineering firm to develop or assist in developing the drinking water source protection plan the costs will be higher, between $7,000 and

$40,000. Cost sharing by water systems in the same geographic area, such as a county can reduce these costs substantially. For example, 10 Fairfield county public water systems worked together with a consultant to develop drinking water source protection plans at a cost of $7,500 per system.

RSFA Attachment B                                                                                                 Page 1 of 4

Water Well Standards Rules, 3745-9 and 3745-91-10

Summary of Supporting Documentation and Information Incorporated by Reference Water Well Standards Rules, OAC Chapter 3745-9 and rule 3745-91-10

1.             State of Ohio Technical Guidance for Well Construction and Ground Water Protection. This document was prepared by the State Coordinating Committee on Ground Water and was issued in 2000. The document summarizes numerous items relating to well construction and protection of ground water including: siting considerations, well construction materials and equipment, construction procedures, development procedures, testing, completion, disinfection, maintenance, alterations and temporary wells. This document is available online at the Ohio Department of Natural resources Internet site at  http://www.epa.state.oh.us/ddagw/Documents/WellConsGuid2000.pdf.

2.             State of Ohio Technical Guidance for Sealing Unused Wells. This document

was prepared by the State Coordinating Committee on Ground Water and issued in 1996. This document presents information regarding reasons to properly seal unused wells, types of wells, preparation for sealing, sealing materials, and sealing procedures. This document is available online at the Ohio Environmental Protection Agency Internet site at  http://www.epa.state.oh.us/ddagw/Documents/wellsealguid.pdf.

3.             Recommended Standards for Water Works, 2007 edition, section 3.2. This document discusses policies and technical information regarding the review of public water supply specifications. The document discusses items including items to be included in plans, design considerations, water source development, treatment methods, chemical usage, pumping applications, water storage, and distribution. The book is published by Health Educational Services, A Division of Health Research, Inc. P.O. Box 7126, Albany, New York 12224 Telephone: [phone]; Internet access: http://www.hes.org.

4.             AWWA standard A100, Water Wells. This document refers to American Water Works Association Standard ANSI/AWWA A100-06 with an effective date of August 1, 2006. This standard presents technical requirements for items including investigations, casings, screens, gravel packs, construction, development, disinfection, and decommissioning. Document appendices  discuss methods and procedures for installing gravel pack, placing grout, testing alignment, developing wells, sampling wells, and decommissioning wells. This document is published by the American Water Works Association, 666 West Quincy Avenue, Denver, Colorado 80235 Telephone: [phone]; Internet access: http://www.awwa.org.

5.             Standard ANSI/NSF 60, Drinking Water Treatment Chemicals - Health Effects, February 9, 2001, Document Number NSF/ANSI 60-2001. This standard contains health effects requirements for drinking water treatment chemicals that are directly added to water and are intended to be present in the finished water. This standard also contains health effects requirements for other chemical products that are directly added to water but are not intended to be present in the finished water. A copy may be obtained from the NSF International, 789 N Dixboro Road, PO Box 130140, Ann Arbor, MI 48113-0140, [phone], Internet access: www.nsf.org.

6.             Standard ANSI/NSF 61, Drinking Water System Components - Health Effects, February 9, 2001, Document Number NSF/ANSI 61-2001. This standard is intended to cover specific materials or products that come into contact with: drinking water, drinking water treatment chemicals, or both. The focus of the Standard is evaluation of contaminants or impurities imparted indirectly to

RSFA Attachment B                                                                                                 Page 2 of 4

Water Well Standards Rules, 3745-9 and 3745-91-10

drinking water. A copy may be obtained from the NSF International, 789 N Dixboro Road, PO Box 130140, Ann Arbor, MI 48113-0140, [phone],

Internet access: www.nsf.org.

7.             Standard ASTM A53/A53M-01, Standard Specification For Pipe, Steel, Black  And Hot-dipped, Zinc-Coated, Welded And Seamless. This specification covers seamless and welded black and hot-dipped galvanized steel pipe. Pipe ordered under this specification is intended for mechanical and pressure applications and is also acceptable for ordinary uses in steam, water, gas, and air lines. A copy may be obtained from the ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, [phone], www.astm.org.

8.             Standard ASTM A589-96, Standard Specification For Seamless And Welded Carbon Steel Water-Well Pipe. This specification covers four specific types of plain end or threaded and coupled carbon steel pipe for use in water wells. A copy may be obtained from the ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, [phone], www.astm.org.

9.             Standard ASTM A106-99e1, Standard Specification For Seamless Carbon Steel Pipe For High-Temperature Service. This specification covers seamless carbon steel pipe for high-temperature service. Pipe ordered under this specification shall be suitable for bending, flanging, and similar forming operations, and for welding. A copy may be obtained from the ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, [phone],  www.astm.org.

10.          Standard API 5L, Specification for Line Pipe, forty-second edition, effective date July 1, 2000, Product Number G05L42, Document Number API SPEC 5L. Provides standards for pipe suitable for use in conveying gas, water, and oil in both the oil and natural gas industries. Covers seamless and welded steel line pipe, including standard-weight and extra-strong threaded line pipe; and

standard-weight plain-end, regular-weight plain-end, special plain-end, extra strong plain-end, and double-extra-strong plain-end pipe; as well as bell and

spigot and through-flowing (TFL) pipe. A copy may be obtained from the API, 1220 L Street NW, Washington DC 2005-4070, [phone], www.api.org.

11.          Standard API RP 5B1, Threading, Gauging, and Thread Inspection of Casing, Tubing, and Line Pipe Threads, fifth edition, August 1999, Product Number G05B15, Document Number API RP 5B1. Covers threading, gauging, gauging practice, and inspection of threads for casing, tubing, and line pipe made under Specifications 5CT, 5D, and 5L. Also covers gauge specifications and certification for casing, tubing, and line pipe gauges. A copy may be obtained from the API, 1220 L Street NW, Washington DC 2005-4070, [phone],  www.api.org.

12.          AWS D1.1/D1.M:2002, American Welding Society Structural Welding Code. The "mild steel" in this AWS standard refers to low-carbon (less than 0.25% carbon) steels such as ASTM A53, A 106, A 135, A 179, A 524, A 587, and API-5L. Examples of applications where D10.12M will be particularly useful include water supplies. A copy may be obtained from the American Welding Society, 550 NW LeJeune Road, Miami, FL 33126-5699, [phone], www.aws.org.

13.          Standard AWWA C206-97, Field Welding of Steel Water Pipe, effective date December 1, 1997. This standard covers manual, semiautomatic and automatic field welding by the metal-arc welding processes for steel water pipe. A copy may be obtained from AWWA Bookstore, 6666 W Quincy Avenue, Denver, CO,

RSFA Attachment B                                                                                                 Page 3 of 4

Water Well Standards Rules, 3745-9 and 3745-91-10 80235-3098, [phone], www.awwa.org.

14.          ASTM F480-00, Standard Specification For Thermoplastic Well Casing Pipe And

Couplings Made in Standard Dimension Ratios (SDR), SCH 40 And SCH 80. Specifications are provided for the application of these materials to water well and ground water monitoring applications. A copy may be obtained from the ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, [phone], www.astm.org.

15.          Standard ANSI/NSF 14, Plastics Piping System Components and Related Materials, January 14, 2002, Document Number NSF/ANSI 14-2002. The physical, performance, and health effects requirements in this Standard apply to thermoplastic and thermoset plastic piping system components, including but not limited to pipes, fittings, valves, joining materials, gaskets, and appurtenances. A copy may be obtained from the NSF International, 789 N Dixboro Road, PO Box 130140, Ann Arbor, MI 48113-0140, [phone], www.nsf.org.

16.          The Water System Council Pitless Adapter Standard PAS-97, Performance Standards For Sanitary Water Well Pitless Adapters, Pitless Units, and Watertight Well Caps. This standard defines product performance criteria and testing procedures and provide recommended installation procedures for pitless well adapters. A copy may be obtained from Water Systems Council, 1101 30th Street NW STE 500, Washington DC, 20007-3772, [phone],  www.watersystemscouncil.org.

17.          ASTM C150-00, Standard Specification for Portland Cement. This specification covers eight types of portland cement, some of which have application to well construction or well sealing. A copy may be obtained from the ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, [phone], www.astm.org.

18.          Standard AWWA C654-03, Disinfection of Wells. This standard covers the procedures for shock chlorination and bacteriological testing to disinfect wells for potable service. A copy may be obtained from AWWA Bookstore, 6666 W Quincy Avenue, Denver, CO, 80235-3098, [phone], www.awwa.org.

19.          ODH rules for private water systems in RC chapter 3701-28. This reference refers to Ohio Administrative Code 3701-28. One purpose of Ohio EPA's proposed well rules is to achieve consistency with the ODH rules already in effect. Therefore, applicable ODH rules were consulted. OAC 3701-28 contains several sections applicable to private well construction in Ohio including the following:

a.             04--Inspection: water sample collection and analysis;

b.            07--Procedures for the sealing of private water systems;

c.             071--Special sealing requirements based on well type and geologic conditions;

d.            10--Location, operations, and maintenance of private water systems;

e.             11--Miscellaneous provisions for the construction of private water systems; sampling faucets and distribution water service lines;

f.             111--Materials used in drilling and construction of wells;

g.            12--Construction, surface design, maintenance, and modification of wells;

h.             121--Well construction, special geological conditions;

i.              122--Well development;

j.              17--Startup and operation of new, repaired and altered private water systems; and

RSFA Attachment B                                                                                                 Page 4 of 4

Water Well Standards Rules, 3745-9 and 3745-91-10

k.             21--Variance or wavier of certain provisions of this chapter.

These rules are available online at  http://www.odh.ohio.gov/rules/final/f3701-28.aspx.

20.          Suburban Newspapers of Dayton article dated May 19, 1999. This newspaper article written by Pam Cottrel was published in the New Carlisle Sun on May 19, 1999. The article chronicles issues faced by New Carlisle, Ohio after a submersible pump had leaked mercury in a public water supply well.

21.          Internal memo report about the City of New Carlisle well contamination from submersible pump motors with a mercury seal. Memorandum dated June 29, 1997 from Bernadette Unger, City of New Carlisle to Tom Winston, Chief, OEPA Southwest District Office. This memorandum summarizes sampling results and strategies for addressing the mercury contamination issues resulted from a submersible pump that leaked mercury.

22.          Public Notice by the Adams County Regional Water about well contamination from submersible pump motors with a mercury seal. This public notice appeared in two Adams County publications. It was published on November 22, 2000 in the People's Defender and on November 23, 2000 in the Manchester Signal. This public notice addresses mercury impacts on a public water supply well resulting from leakage of a submersible pump.

23.          Wisconsin DNR chapter NR 812, Well Construction and Pump Installation. The Wisconsin rules were consulted during development of the proposed Ohio rules. They address items including new well construction and requirements for new pump installation. These rules are available on the Internet at  http://www.legis.state.wi.us/rsb.

24.          Michigan DEQ Well Construction Code. The Michigan DEQ Well Construction Code refers to Michigan rules R 325.1601 through R 325.1676. These Michigan rules were consulted during development of the proposed Ohio rules. These rules include Michigan's well construction code and addresses well construction, pump installation, and well abandonment. These rules are available on the Internet at http://www.michigan.gov/orr/.

25.          Utah DEQ rules R309-204-6. These rules refer to Utah administrative rules R309- 204 issued by the Utah Department of Environmental Quality and the Utah Drinking Water Board. These Utah rules were consulted during development of the proposed Ohio rules. These rules discuss items including well materials, design, construction, disinfection and abandonment. These rules are available

on the Internet at: http://www.deq.state.ut.us/eqdw.

26.          Ohio EPA Technical Guidance Manual for Hydrogeologic Investigations and Ground Water Monitoring," 1995, updated through February 2009. A copy may be obtained from "Ohio EPA, Lazarus Government Center, 50 West Town Street, Columbus, OH, 43215- 3425," [phone] and on-line at http://www.epa.state.oh.us/ddagw/tgmweb.htm. The document is available for review at "Ohio EPA, Lazarus Government Center, 50 West Town Street, Columbus, OH, 43215-3425."