Arkansas Administrative Code Agency 096 - Arkansas Water Well Construction Commission
The Arkansas Administrative Code contains regulations and rules for various state agencies, including the Arkansas Water Well Construction Commission (Agency 096). This Commission is responsible for overseeing the construction, maintenance, and regulation of water wells in Arkansas, ensuring that well drilling and related activities comply with state laws and safety standards.
Here are several detailed cases or areas of concern related to the Arkansas Water Well Construction Commission (Agency 096), based on the regulatory framework they enforce:
1. Case of Unlicensed Well Drilling (Regulation 4.3)
One of the key responsibilities of the Arkansas Water Well Construction Commission is ensuring that all water well construction is performed by properly licensed contractors. A common issue arises when a company or individual performs well drilling activities without the appropriate license.
Scenario: A company in Arkansas begins drilling water wells for residential properties but fails to obtain a valid water well construction license from the Commission. Homeowners who hire the company face issues with the well's performance and safety.
Outcome: Under Regulation 4.3, the Commission has the authority to issue fines and take legal action against individuals or companies operating without a license. The Commission may require the contractor to cease operations until they obtain the necessary certification. Additionally, any improperly constructed wells could be subject to penalties, and the Commission may mandate that the well be properly constructed or abandoned at the contractor's expense.
Key Regulation: Regulation 4.3 outlines that any entity engaged in water well drilling must be licensed through the Commission, ensuring that all work meets state safety and environmental standards.
2. Case of Improper Well Construction (Regulation 5.7)
Improper well construction is another frequent issue. This can involve violations of safety or environmental standards, such as drilling wells too close to contaminants or failing to properly seal the well to avoid surface water contamination.
Scenario: A water well is drilled too close to a potential source of contamination, like a septic system, which violates the required setback distance under state law. The well starts showing signs of contamination, affecting the water quality for local residents.
Outcome: Under Regulation 5.7, the Arkansas Water Well Construction Commission would investigate the case and, if the well is found to be improperly constructed, order corrective actions. The well might be required to be re-drilled or properly sealed, and the offending contractor could face disciplinary action, including fines or suspension of their license. In severe cases, the Commission may require the well to be decommissioned to protect public health.
Key Regulation: Regulation 5.7 addresses the construction standards for water wells, including proper site selection and well design to minimize risks of contamination.
3. Case of Failure to Install Proper Well Casing (Regulation 5.4)
One of the most common causes of water well failure is improper installation of well casing. A well casing is a critical part of the well’s structure as it prevents contaminants from entering the well and helps to maintain well integrity.
Scenario: A contractor installs a water well without using the correct size casing, or the casing is not properly sealed at the surface, leading to water quality issues or contamination from surrounding soil or surface water.
Outcome: Under Regulation 5.4, which outlines proper casing installation, the Arkansas Water Well Construction Commission would require the contractor to correct the error, either by re-casing the well or installing the necessary sealing equipment. If the contractor is found to have willfully violated the regulations, they may face penalties, such as fines or license suspension.
Key Regulation: Regulation 5.4 ensures that all wells are constructed with appropriate casing materials and installation methods to prevent contamination and ensure the longevity and safety of the well.
4. Case of Water Well Abandonment (Regulation 6.2)
Abandonment of a water well can create public health hazards, particularly if the well is not properly decommissioned, leaving a potential pathway for contaminants to enter the groundwater.
Scenario: A landowner decides to abandon an old water well on their property. However, they fail to properly seal the well, and over time, the well becomes a source of contamination for the surrounding area.
Outcome: Regulation 6.2 mandates that when a water well is no longer in use, it must be properly decommissioned by sealing the well to prevent any contamination of the surrounding environment. The Arkansas Water Well Construction Commission may inspect the well and issue fines if the landowner fails to properly seal or abandon the well. If the violation is significant, they may even require the landowner to pay for corrective work to address the contamination risk.
Key Regulation: Regulation 6.2 outlines the procedures for well abandonment, including sealing methods and notification requirements to the Commission to ensure that abandoned wells are properly decommissioned to avoid environmental harm.
5. Case of Non-Compliance with Inspection Requirements (Regulation 7.1)
Another important aspect of the Arkansas Water Well Construction Commission's regulatory framework is the requirement for well construction to be inspected during and after installation to ensure compliance with safety standards.
Scenario: A well drilling contractor completes a well installation but fails to request the necessary inspection from the Commission, or the inspection is not performed according to the mandated timeline.
Outcome: Under Regulation 7.1, the Commission has the authority to issue a citation for failure to comply with inspection requirements. If the well does not meet regulatory standards upon inspection, the contractor may be ordered to make corrections or face penalties. In some cases, the well may not be approved for use until an inspection is completed.
Key Regulation: Regulation 7.1 ensures that all water wells are subject to proper inspections by the Commission, including during and after construction, to ensure that they meet safety and environmental standards.
6. Case of Violations of Pump Installation Standards (Regulation 8.3)
After the construction of a water well, the installation of a pump is another critical stage. The pump must be installed according to specific standards to ensure efficient operation and prevent damage to the well.
Scenario: A contractor installs a pump that is either too large or too small for the well, resulting in inefficient water extraction, excessive wear, and potentially damaging the well infrastructure.
Outcome: Regulation 8.3 stipulates that pumps must be installed according to the specifications for the well's size, depth, and expected water yield. If the pump installation does not meet these standards, the Commission can require the contractor to replace or correct the pump installation. The contractor may also face disciplinary action if the violation is severe or intentional.
Key Regulation: Regulation 8.3 ensures that pump installations are carried out properly to avoid damage to the well and ensure that the water extraction system functions as intended.
These cases and regulations illustrate the kinds of issues and actions taken by the Arkansas Water Well Construction Commission under its regulatory framework. They help ensure that water wells in the state are constructed, maintained, and decommissioned in a safe and environmentally responsible manner, protecting both public health and natural resources.
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