The House Environmental Resources and Energy Committee held a hearing on House Bill 343 (Miller-R-York) setting standards for drinking water wells on Wednesday.

The bill authorizes the Environmental Quality Board to establish water well construction standards through the adoption of rules and regulations of the DEP that are generally consistent with the National Groundwater Association construction standards.

Specifically, the legislation would establish construction standards, including the decommissioning of abandoned wells, to be followed by water well drillers and owners.  Nothing in this legislation requires the metering of homeowner wells.

Bryan Swistock, Water Resource Extension Specialist at Penn State University, testified that he has been actively involved in both research and outreach programs related to private water wells in Pennsylvania.

He explained that Penn State University has been researching this type of work since the 1980s. Their work is sponsored by the Center for Rural Pennsylvania and the Pennsylvania Resources Research Center, explained Swistock.

“In the absence of both regulatory protections and unbiased assistance, Penn State has devoted considerable research and extension efforts to meet the demand of private well owners interested in properly constructing and managing their drinking water supply,” said Swistock.

Swistock discussed research projects that have tested water quality of private water wells. “Our research has consistently found that approximately 40 percent of private water wells in Pennsylvania fail to meet at least one safe drinking water standard,” said Swistock. “Unfortunately our problems with many health-related pollutants in water wells are often only discovered after proper testing by a state-accredited laboratory and proper interpretation of these water test records.”

Recent studies of water wells near Marcellus gas drilling sites have found that many of the well owners who had extensive testing done before the gas drilling were often unaware of water quality issues in their well after drilling, Swistock said. He added that proper water well construction is vital to protecting the health of rural residents who utilize those water supplies.

“Our research found that about two-thirds of water well owners who were made aware of these issues were supportive of statewide regulations for water well construction, even if it added more than $500 to the cost of a new water well,” stated Swistock.

Kelly Heffner, Deputy Secretary of Water Management for the Department of Environmental Resources, explained that there are over one million private water wells in Pennsylvania, with over 3 million residents using these wells as a primary water supply.

Heffner said that Pennsylvania and Alaska are the only two states that do not have construction standards established for private water wells.

In the absence of statewide standards, Heffner said that some smaller government units take over the responsibility of creating well regulations. “Recently, several municipalities in the central region of the state have passed well ordinances which capture both water well construction and geothermal well construction,” stated Heffner.

Heffner explained that private well contamination could occur naturally or through human impact. “About 15 to 50 percent of private water systems fail at least one safe drinking water standard,” said Heffner. “Department of Environmental Protection believes that House Bill 343 is a step in the right direction towards establishing statewide standards for water well construction.”

Jim LaRegina, PG, Pennsylvania Council of Professional Geologists (PCPG), testified that the PCPG has recognized the need for private water well construction regulations for a long time. LaRegina said that the council strongly supports the bill.

“Poorly constructed water wells pose a human health and safety risk not only to those persons that rely on them for water supply, but to others as well,” said LaRegina. “Past studies show that the lack of statewide water well construction standards adversely affects Pennsylvania residents.”

LaRegina explained that the Statewide water Resources Committee and the Marcellus Shale Advisory Commission recommended construction standards for new private water wells. “PCPG recommends that House Bill 343 apply to any and all water wells drilled and/or constructed in the Commonwealth without limitation,” said LaRegina.

PCPG made two recommendations for the bill. LaRegina said that the bill should use construction standards recommended by the National Ground Water Association in creating specific standards for private water well regulations. LaRegina also said that any part of the bill that regulates activities done in the “practice of geology” should be performed by professional geologists licensed and registered in the Commonwealth.

Bill Reichart, President of the Pennsylvania Ground Water Association, said that his written testimony was on the record and that he wanted to speak from the heart. “The issue and this bill are about protection of ground water, period,” said Reichart.

“It doesn’t matter whether the protection of that water has to do with a private home or industrial and city use.”

Reichart said that all waters in the Commonwealth are directly related to one another.

“There is a direct relationship between ground water and surface water,” explained Reichart. He said that the licensing of certified contractors who have a minimum expectation of the service they are paid to provide in essential.

A summary of the bill is available online.

Rep. Ron Miller (R-York) serves as Majority Chair of the Committee and Rep. Greg Vitali (D-Delaware) serves as Minority Chair.

4/22/2013