3. Exemptions: Wells, Activities & Experienced Professionals

Chapter Description

This chapter provides clarification on exemptions for test holes and dewatering wells, well construction and abandonment activities and licensing.

Regulatory Requirements - Exemptions

Relevant Sections - The Wells Regulation

• Exemptions 1.0.1 – 1.0.3
• Shallow Works 1.1

The Requirements - Plainly Stated

Record of Site Condition Regulation: Starting on July 1, 2011, O. Reg. 153/04 prescribes that the provisions of the Ontario Water Resources Act and of Regulation 903 of the Revised Regulations of Ontario, 1990 (Wells) made under that Act, that would apply to a test hole but for section 1.1, and subsections 13 (2), 14.1 (2), 14.2 (3), 14.3 (2), 14.4 (4) and 14.5 (3) of that regulation, apply to a monitoring well installed for the purpose of,

1. a phase one environmental site assessment; and
2. a phase two environmental site assessment.

Implications for the Qualified Person

The qualified person shall ensure that the phase one and phase two environmental site assessments (ESAs) are conducted in accordance with the requirement stated above.

Implications for Shallow Works

The shallow works exemption contained in section 1.1 of the Wells Regulation does not apply to a monitoring well that is constructed as part of a phase one or two ESA for a record of site condition.

Reminder - The above requirement in O. Reg. 153/04 also affects other obligations such as casing material and annular space size and filling for monitoring wells. See Chapter 6: Constructing the Hole, Casing & Covering the Test Hole or Dewatering Well and Chapter 7: Annular Space & Sealing for further information.

Record of Site Condition Regulation: Please refer to O. Reg. 153/04 for RSC requirements.

Relevant Sections - Additional Regulations or Legislation

• Ontario Water Resources Act, R.S.O. 1990, c. O. 40
• Environmental Protection Act, R.S.O. 1990, c E. 19
• Regulation 153/04 (Records of Site Condition) as amended made under the Environmental Protection Act

Key Concepts

Exemptions - Types of Wells

Definition - A well means a hole made in the ground to locate or to obtain groundwater or to test or to obtain information in respect of groundwater or an aquifer, and includes a spring around or in which works are made or equipment is installed for collection or transmission of water and that is or is likely to be used as a source of water for human consumption.^{footnote 1[1]}

For example:

• if a person is constructing a hole to locate groundwater or obtain information about groundwater, but the hole is dry, then the hole is a well
• if a person is constructing a hole to locate groundwater or test or obtain information about groundwater or an aquifer, and the hole is dry, then the hole is a well
• if a person is constructing a hole that may encounter groundwater but the hole is not made to locate groundwater, or test or obtain information about groundwater or an aquifer, then the hole is not a well
• if a person is constructing a hole at the bottom of a lake for geotechnical investigation, but the hole is not made to locate groundwater, or test or obtain information about groundwater or an aquifer, then the hole is not a well

For further clarification on the term “well” see Table 2-1 of Chapter 2: Definitions & Clarifications.

The Wells Regulation requirements and licensing requirements under the Ontario Water Resources Act (s. 36 to 50) do not apply to any of the following wells:

• Pond
• Reservoir
• Lagoon
• Artificial wetland
• Canal
• Trench
• Tile drain
• Wick drain
• Ditch

However, the other sections of the Ontario Water Resources Act and the Environmental Protection Act do apply including offences for any discharges that may impair waters and permits for water takings of more than 50,000 litres (11,000 Imp gal) on any one day.

Exemptions - Construction Activities

Definition - “Construct” when used with respect to a well, means bore, dig, drill or otherwise make, extend or alter.^{footnote 2[2]} “Construct” also means installing equipment in or connected to a well.^{footnote 3[3]}

Certain construction activities are exempted from the requirements of the Wells Regulation and the Wells section of the Ontario Water Resources Act. These activities are considered to pose a lower environmental risk. However any construction activity on a test hole or dewatering well must not cause or have the potential to cause impairment to the water in the well or the groundwater as required under Subsection 30(1) of the Ontario Water Resources Act,

For example, if a person uses a water level meter solely to measure the water level in the well and the well depth of the well, the licensing and construction requirements of the Ontario Water Resources Act and Wells Regulation do not apply.

Exemption - Licensing (Well Technician Only)

Certain experienced professionals are exempted from the requirement to obtain a well technician licence for:

• installing, monitoring, sampling or testing equipment in a well,
• installing pumps in a test hole or dewatering well for sampling or testing purposes, and
• installation of test holes and dewatering wells using non-powered equipment.

Typically, activities such as sampling well water or measuring water levels or installing sampling, monitoring and testing equipment in a test hole or dewatering well are exempt from the Wells section of the Ontario Water Resources Act and the Wells Regulation.

Reminder - See the “Exemptions – Construction Activities” in the Plainly Stated section of this chapter.

The following are examples of activities for which a Class 5 licence is required:

• Installing permanent monitoring equipment in a municipal or domestic well where a pumping test is not necessary.
• Installing a pump and associated pumping equipment in a test hole to test the yield of the well or the aquifer.
• Constructing a test hole and dewatering well without the use of powered equipment if the shallow works exemption does not apply.

The exempted professionals must work for a licensed well contractor.

Reminder - See Chapter 4: Well Contractors & Well Technicians – Licences, Responsibilities & Exemptions for information on who are considered exempted professionals.

Exemptions - Shallow Works

Certain excavations that are no deeper than 3 metres and are either a test hole or dewatering well, as defined, can be exempt from the licensing requirements and the Wells Regulation requirements under certain conditions.

For example, a shallow test pit used to make groundwater observations on a construction site would be considered a shallow works. If the test pit is excavated in a contaminated area or potential flowing well area the exemptions would not apply. Also, if the test pit penetrates through an entire formation that is not aquifer (e.g., clay deposit) then the exemptions would not apply. Therefore, compliance with matters such as licensing, reporting, maintenance and abandonment would be required.

Exempted Construction Activities for All Wells

The Wells Regulation - The following well construction activities are exempt from the Wells Regulation requirements and the person doing these activities is exempt from the licensing requirements under the Ontario Water Resources Act (s. 36 to 50):

• Inspecting the well using equipment (e.g., video camera) that is not left unattended in the well.

• Monitoring (e.g., water level indicator), sampling (e.g. small submersible pump, inertial lift pump), or testing (e.g., conductivity, DO and pH meters) the well using equipment that is not used to test the yield of the well or the aquifer and:

  • the equipment is not left unattended in the well or
  • the equipment was previously installed in the well.

Examples

If a person uses a water level meter solely to measure the water level in the well or the depth of the well, the licensing and construction requirements of the Ontario Water Resources Act and Wells Regulation do not apply.

The licensing and construction requirements of the Ontario Water Resources Act and Wells Regulation apply to the use of a water level meter when conducting a test of the well yield.

If an unlicensed person collects water samples and water level data using sampling and monitoring equipment in a well, s/he may take samples and measurements on the well without holding a well technician licence and the construction requirements of the Ontario Water Resources Act and the Wells Regulation do not apply.

If an unlicensed person installs an inertial lift pump in a test holes samples the water and leaves the pump in the well for future sampling, the licensing and construction requirements of the Ontario Water Resources Act and Wells Regulation do not apply.

Exempted Construction Activities for Test Holes and Dewatering Wells Only

The Wells Regulation - A person is exempt from the Wells Regulation requirements and licensing requirements under the Ontario Water Resources Act (s. 36 to 50) for installing equipment for monitoring, sampling or testing a test hole or dewatering well, unless,

• the installation of the equipment involves an alteration of the well, other than notching the top of the casing, or
• the equipment is used to test the yield of the well or the aquifer.

Reminder - Performing a pumping test is considered testing the yield of a well or an aquifer. A slug test used to determine the hydraulic conductivity of the well is not considered testing the yield of a well or the aquifer.

Reminder - Any equipment installed in a test hole or dewatering well must not cause or have the potential to cause impairment to the water in the well or the groundwater as required under Subsection 30(1) of the Ontario Water Resources Act.

Examples of installing:

• monitoring equipment include a water level probe or a pressure transducer;
• sampling equipment include a small submersible pump or an inertial lift pump;
• testing equipment include conductivity, dissolved oxygen or pH meters.

This exemption does not apply if the installation of the above equipment causes an alteration to the well structure (e.g., cutting or extending the top of the well casing, drilling a hole through the side of the casing) except if the alteration consists only of creating a notch on the top of the well casing to allow for the removal of a well cap.

Reminder - For information on equipment used to construct a new test hole or dewatering well, other than a shallow works, see Chapter 6: Constructing the Hole, Casing & Covering the Test Hole or Dewatering Well.

Exemptions - Shallow Works

The Wells Regulation - When a person advances a test hole or dewatering well that is not more than 3 m (10 feet) in depth below the ground surface, the person is exempt from the Wells Regulation requirements and Ontario Water Resources Act’s licensing requirements under the shallow works exemption. This applies only to test holes and dewatering wells.

The shallow works exemption does not apply if the test hole or dewatering well:

• is constructed in a contaminated area,
• is constructed in an area with conditions likely to result in flowing wells (where the static water level will likely be above the ground surface), or
• penetrates through a formation that is not an aquifer. For example, if the well is constructed entirely through a 2 m (6.5 feet) thick clay formation into a sand formation.

Records of Site Condition Regulation - For information on the application of the shallow works exemption to a monitoring that is constructed as part of a phase one or two environmental site assessment under the Records of Site Condition regulation see the Monitoring Wells under Records of Site Condition regulation section below.

Reminder - A contaminated area is an area which contains a contaminant. Clarification on the meaning of contaminant is provided in Chapter 2: Definitions & Clarifications, Table 2-2. For test hole construction, persons constructing wells should exercise due diligence by reviewing previous hydrogeological and geological reports for the site. Also persons should assess the formations and use the Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act Guideline, April 15, 2011, to help determine if the site is an area that is considered a contaminated area.

Reminder - If the well penetrates through an entire non-aquifer formation, the Wells Regulation and licensing requirements under the Ontario Water Resources Act apply, (i.e., the shallow works exemption does not apply). However, if the well terminates within a non-aquifer formation then the Wells Regulation and licensing requirements under the Ontario Water Resources Act requirements do not apply (i.e., the shallow works exemption applies).

Examples

In an area with a high water table, a person may wish to jet, dig or otherwise install a well to access a shallow aquifer for irrigation. Even if the well will be extremely shallow (i.e., 3 metres or less) the licensing and construction requirements of the Ontario Water Resources Act and Wells Regulation apply because it is not a test hole or dewatering well.

In an area with springs and a seasonally high water table, a person may wish to jet, dig or otherwise install a test hole to measure water levels. Even if the test hole will be extremely shallow (i.e., 3 metres or less) the licensing and construction requirements of the Ontario Water Resources Act and Wells Regulation apply because the area will likely have flowing well conditions.

A construction contracting company wishes to install a single stage well point dewatering system to control the groundwater level around a shallow foundation. This process involves the installation of many shallow points in a close proximity of one another. All the driven-points are connected to a single dewatering pump. If the well points are installed to a depth no greater than 3 metres, the licensing and construction requirements of the Ontario Water Resources Act and the Wells Regulation do not apply. However if a similar single stage well point system is installed for the purpose of extracting contaminated water for a remediation project, the licensing and construction requirements of the Ontario Water Resources Act and Wells Regulation apply.

Requirements for Shallow Works

The Wells Regulation - Although licensing and well construction requirements not applying to a test hole or dewatering well that is a shallow works, the person constructing the well must backfill the hole using one of the following two methods:

Method #1: The major horizons of soil are excavated separately, stored separately, kept free from contamination and, when the well is no longer being used or maintained for future use as a well, backfilled in the same relative positions that they originally occupied or

Method #2: When the test hole or dewatering well is no longer being used or maintained for future use as a well, it is backfilled with commercially produced dry bentonite sealing material (e.g., chips or pellets) or other suitable sealant, or with clean, uncontaminated soil that has a grain size that is the same as or finer than the soil that was originally excavated.

When to Hire A Licensed Well Contractor for Constructing Shallow Works

If it becomes apparent during construction, use or abandonment of a test hole or dewatering well that the shallow works exemption does not apply (see the “Shallow Works” section above), the person who originally constructed the well must retain the services of a licensed well contractor unless the next paragraph applies.

If the structural stage of the well is complete and the well owner has assumed control over the operation of the well and it becomes apparent during use or abandonment that the shallow works exemption does not apply, then the well owner must retain the services of a licensed well contractor.

The retained licensed well contractor must ensure compliance with the Wells Regulation, the Ontario Water Resources Act and the Environmental Protection Act.

A licensed well contractor does not have to be retained if the person who would have to meet either of the above obligations has an employee who holds a valid well technician licence of the correct prescribed class of licence, who works for a licensed well contractor and who ensures compliance with the Wells Regulation, the Ontario Water Resources Act and the Environmental Protection Act.

If the well is abandoned, the person abandoning the well must ensure that the well is properly plugged and sealed.

Reminder - For further information on well abandonment see Chapter 16: Abandonment: When to Plug & Seal Test Holes & Dewatering Wells and Chapter 17: Abandonment: How to Plug & Seal Test Holes & Dewatering Wells

Monitoring Wells Under Records of Site Condition regulation

Records of Site Condition regulation - Starting on July 1, 2011, O. Reg. 153/04 prescribes that the provisions of the Ontario Water Resources Act and of Regulation 903 of the Revised Regulations of Ontario, 1990 (Wells) made under that Act, that would apply to a test hole but for section 1.1, and subsections 13 (2), 14.1 (2), 14.2 (3), 14.3 (2), 14.4 (4) and 14.5 (3) of that regulation, apply to a monitoring well installed for the purpose of,

1. a phase one environmental site assessment; and
2. a phase two environmental site assessment.

Implications for the Qualified Person

The qualified person shall ensure that the phase one and phase two environmental site assessments (ESAs) are conducted in accordance with the requirement stated above.

Implications for Shallow Works

The shallow works exemption contained in section 1.1 of the Wells Regulation does not apply to a monitoring well that is constructed as part of a phase one or two ESA for a record of site condition.

Reminder - The above requirement in the Records of Site Condition regulation also affects other obligations such as casing material and annular space size and filling for monitoring wells. See Chapter 6: Constructing the Hole, Casing & Covering the Test Hole or Dewatering Well and Chapter 7: Annular Space & Sealing for further information.

Records of Site Condition regulation - Please refer to O. Reg. 153/04 for RSC requirements.

Exemptions - Types of Wells

The terms described in Table 3-1 may have other meanings in different contexts or in relation to other legislation. Unless otherwise indicated, they are derived from the ordinary dictionary meaning of the word.

Figure 3-1: Tile Drain

Figure 3-2: Wick Drain

Long term consolidation of soft silt and clay often creates serious problems in construction. This design problem can be overcome by creating closely-spaced artificial vertical drainage paths to which the pore water can flow, thus decreasing the consolidation time to a matter of months. Figure 3-2 (above right) shows the installation of these artificial drainage paths, called wick drains. The wick drains in Figure 3-2 consist of a central plastic core, which functions as a free-draining water channel, surrounded by a thin geotextile filter jacket. A typical wick drain is approximately 10 centimetres (4 inches wide). Wick drains are installed with specialized equipment, called stitchers as shown in Figure 3-2. The stitchers, which are mounted on either backhoes or cranes, consist of a vertical mast housing a special installation mandrel. The mandrel, containing the wick drain, is hydraulically pushed or vibrated into the ground to the desired treatment of depth, typically to the bottom of the soft-soil stratum.