Water Stewardship


Ground Water Protection Regulation - Phase 1
Protecting the Ground Water Resources of British Columbia

Backgrounder


Introduction

On July 7, 2004, in Chilliwack, the Honourable Bill Barisoff, Minister of Water, Land and Air Protection (now Environment) publicly announced that the government had enacted the Ground Water Protection Regulation (GWPR). The GWPR was designed to protect British Columbia’s valuable ground water resource.

The GWPR deals with aspects of well construction that significantly enhance ground water protection — i.e., installing effective surface seals around wells, securely capping and floodproofing wells, and permanently closing unused wells to protect ground water quality. The GWPR also established the qualifications for well drillers and well pump installers and provided for a provincial registry of those possessing the qualifications.

Registration provisions in the GWPR for qualified well drillers and qualified well pump installers came into force on November 1, 2004, as did amendments to the Water Act (2001) providing for ground water protection. On November 1, 2005, the remainder of the GWPR provisions took effect.

Prior to the GWPR, there was no regulation in British Columbia focussing specifically on ground water or standards for well construction, maintenance, well closure and qualifications for well drillers and well pump installers. Unregulated drilling activities and lack of enforceable well construction standards contributed to ground water quantity and quality problems in some areas of the province. For example:

  • bacteriological contamination of private domestic wells was a problem in local areas of the province;
  • old, unused wells were often left unfilled and uncapped and became pathways for contaminants to enter directly into the underlying aquifer; unused wells were even being used for disposal of household and hazardous wastes, causing degradation to local ground water quality; and
  • wells and test holes were not always constructed or tested by qualified persons with the knowledge necessary to safeguard drinking water sources and prevent situations where ground water could be adversely affected.

In 2000, the Walkerton tragedy was a wake-up call to all Canadians that a similar tragedy could happen elsewhere. At the same time, a number of reports critical of source water protection had sounded warnings, including:

In 2001, the government made a New Era commitment to “pass real comprehensive ground water legislation to improve the quality of British Columbians’ drinking water,” and announced its Action Plan for Safe Drinking Water in British Columbia in June 2002. On the advice of its Drinking Water Review Panel, government reaffirmed the ground water legislation by passing the Drinking Water Protection Amendment Act in October 2002. This led directly to the appointment of the Ground Water Advisory Board to provide advice and recommendations and the development of Phase 1 of the Ground Water Protection Regulation.

The new GWPR is the first phase of a comprehensive Ground Water Protection Regulation and includes critically needed standards for well construction and closure, floodproofing of community wells, well identification and qualifications for well drillers and well pump installers. Subsequent phases will reinforce these source protection measures and deal with such matters as well reports, well pumps, flow testing, water analyses and aquifer quality and quantity protection and use.



What is the Ground Water Protection Regulation and What Does it Cover?

The primary purpose of the Ground Water Protection Regulation is protection of the quantity and quality of the province’s valuable ground water resource by:

  • setting out standards to safeguard and maintain the integrity and efficient use of the ground water resource, and
  • ensuring activities related to well water and ground water are undertaken in an environmentally safe manner.

The GWPR is a regulation under the Water Act.

The GWPR will be completed in three phases.

Phase 1 (completed and announced July 7, 2004) covers:

  • qualifications for well drillers and well pump installers,
  • a register for qualified well drillers and well pump installers,
  • ground water protection through flood proofing, surface sealing, well caps and covers, protection of the well head, and deactivating or closing of wells (well construction standards), and
  • well identification.


Phase 2 will focus on:

  • additional standards for well construction, flowing wells, well pumps, flow testing, well operation, and well siting;
  • water analysis for new and altered wells,
  • well reports, and
  • the establishment of offences for which tickets may be issued.

Phase 3 will focus on:

  • implementing water management plans in designated areas,
  • drilling authorizations (if necessary) and
  • other measures for aquifer quality and quantity protection and use.

The GWPR Phase 1 is in two parts:

  • the main body is results-based and specifies what must be achieved but not how to achieve it, and
  • Appendix A (the “Code of Practice for Construction, Testing, Maintenance, Alteration and Closure of Wells in British Columbia”, or simply “the Code”) sets out the minimum rules or standards in relation to wells.

The GWPR applies to water supply wells (i.e., domestic wells and non-domestic wells, such as irrigation wells), ground water monitoring wells, recharge and injection wells, dewatering or drainage wells, remediation wells and geotechnical wells that do not involve water transfer (i.e., boreholes, test pits, closed geo-thermal and special types of holes). The GWPR does not apply to geothermal wells, oil and gas wells, or wells used for coalbed methane extraction which are already regulated under other acts, like the Geothermal Resources Act, Mines Act, and Petroleum and Natural Gas Act.

The GWPR does not restrict a well owner’s ability to drill new wells. Wells regulated under the GWPR are not licensed and the province does not charge any fees or rentals for extraction of ground water.

Specific provisions of the GWPR Phase 1 include:

  • Qualified well drillers and well pump installers must register with the province. Registration began November 1, 2004. The GWPR recognizes the Industry Training Centre and Canadian Ground Water Association certification. The GWPR includes a grand-parenting provision (available until October 31, 2006) for individuals who can demonstrate that they have the equivalent of 5 years full time experience drilling wells or installing well pumps.
  • The GWPR provides for a provincial registry of qualified well drillers and well pump installers.
  • Under the GWPR, qualified professionals (Professional Engineers and Professional Geoscientists with competency in hydrogeology or geotechnical engineering) play a role in enhancing regulatory efficiency and flexibility. The GWPR authorizes qualified professionals to approve alternative specifications where it is not feasible to comply with the specifications set out in the Code. This is similar to the role of qualified professionals on the Contaminated Sites roster under the new Environmental Management Act, enacted in 2002.
  • Well drillers are to attach identification plates (provided by the province) to new water supply wells. All existing community wells are to be tagged with well identification plates before November 1, 2006.
  • New wells (with minor exceptions) are to have an effective surface seal.
  • New wells (with minor exceptions) are to have a secure cap or cap and cover. Existing wells are to be capped within two years.
  • Standards for floodproofing will apply to all community wells to prevent direct entry of floodwaters into the well.
  • All wells not in use will need to be deactivated or permanently closed to protect ground water.

The new GWPR is the initial step toward fulfilling Government’s commitment insofar as it represents the first of three phases that, taken together, will make the legislation truly comprehensive (phases two and three are planned for 2005/06 and beyond).

The GWPR may be found here .



Why is the Ground Water Protection Regulation Needed?

In British Columbia, ground water is a valuable natural resource in need of protection. Over 750,000 residents rely on wells as a drinking water supply. British Columbia uses more ground water than any other province in Canada, except Ontario. Seventy-five percent of the ground water extracted in the province is used to support the province’s economy (e.g., mineral / paper processing, agriculture, etc.). There are more than 100,000+ water supply wells in the province. Approximately 3,000 new wells are drilled and hundreds are abandoned annually. These wells have never been subject to any enforceable standards for well construction, maintenance and closure. In fact, prior to the GWPR being enacted, British Columbia was the only province in Canada without regulations to protect ground water.

Unregulated drilling activities and lack of enforceable well construction standards have contributed to a number of ground water quantity and quality problems in some areas of the province. These problems could potentially affect human health, public safety and property values. For example:

  • bacterial contamination of private domestic wells is a problem in local areas of the province;
  • old, unused wells are often left unfilled and uncapped and become pathways for contaminants to enter directly into the underlying aquifer; unused wells may even be used for disposal of household and hazardous wastes, causing degradation to local ground water quality; and
  • wells and test holes are not always constructed or tested by qualified persons with the knowledge necessary to safeguard drinking water sources and prevent situations where ground water may be adversely affected.


Impacts of the Ground Water Protection Regulation

How will the Ground Water Protection Regulation Benefit all British Columbians?

All British Columbians will benefit from the added aquifer protection of the Ground Water Protection Regulation. Some of the benefits include:

  • securing a safe and healthy ground water resource and reducing risk of degradation of water quality and depletion of aquifers,
  • increased public confidence in ground water resources,
  • improved integrity and safety of wells and community drinking water supplies (consumer protection),
  • consistent province-wide performance standards for well drillers and well pump installers (level playing field),
  • improved tracking of wells and their condition,
  • a system of ground water protection that is efficient and accountable,
  • clearer responsibility of well owners to maintain wells in safe and sanitary conditions, and
  • enhanced protection of aquatic ecosystems dependent on ground water.


How will the Ground Water Protection Regulation Affect Me as a Water Well Owner in British Columbia?

Owners of all new and existing wells should be aware of their new responsibilities under the GWPR. These responsibilities include the need for on-going maintenance of the well and the well head while the well is in use, capping or covering a well and properly closing the well at the end of its useful life.

The GWPR will add slightly to the cost to construct new water supply wells (~4% of the cost for a typical water supply well). The slight increase in cost is mainly for the installation of a surface seal, which is necessary to provide sanitary protection to the well supply. Another cost to the well owner (~6%) is for closing the well after its useful life has been exceeded (generally about 25 years) to prevent the risk of ground water contamination. The minor financial costs are considered acceptable in light of the improved water quality protection benefiting the well owner, other surrounding owners, and the resource.

This document is intended for anyone who owns a private water well. It contains information about:
  • the standards and requirements set out in the Ground Water Protection Regulation (GWPR),
  • the responsibilities of well owners under the GWPR, and
  • how to obtain more information.

Please note, however, that the document is meant as a guide to the GWPR in plain language. In the event of any inconsistency between its wording and the wording of the Ground Water Protection Regulation, the Regulation prevails.


How will the Ground Water Protection Regulation Affect Community Wells (i.e., Wells having More than One Connection) and Water Suppliers?

Water suppliers using community wells, also called water supply system wells, should be aware of their new responsibilities under the GWPR.

Requirements for well identification apply to new and existing community wells. Water suppliers will need to identify their wells by attaching a well identification plate to the well. This needs to be done before November 1, 2006.

Standards for floodproofing will apply to all community wells to prevent direct entry of floodwaters into the well.

The increased cost for drilling, and ultimately closing, a new community well is expected to be approximately 5% - 10% of the current cost of the well. These added costs are primarily for installing a surface seal and for closing a well at the end of their useful life. There are also requirements for on-going maintenance of the well and well head and capping or covering the well.


How will the Ground Water Protection Regulation Affect Industry Professionals?

The GWPR affects well drillers, well pump installers and qualified professionals (Professional Engineers and Professional Geoscientists) working in the ground water, environmental and geotechnical engineering field. Industry professionals should be aware of their new responsibilities under the GWPR. To help them learn what is expected, training workshops, guidebooks and other information will be provided over the next year through the British Columbia Ground Water Association and the Ministry’s Ground Water Home Page.


How will the Ground Water Protection Regulation Affect First Nations?

Any increase in costs for well construction, operation and maintenance to comply with the new Ground Water Protection Regulation will be the same on or off reserves / treaty settlement lands. See impacts on Individual Well Owners and Community Wells.


How was the Ground Water Protection Regulation Developed?

The GWPR is based on recommendations made by the Ground Water Advisory Board, an expert panel of ground water scientists and engineers and representatives of the well industry. As such, the recommendations help ensure the GWPR is practical and science-based.

Targeted consultation on the GWPR was held with 21 external stakeholder groups in the spring of 2003 including:

  • British Columbia Ground Water Association,
  • British Columbia Water and Waste Association,
  • five British Columbia Health Authorities, and
  • Union of British Columbia Municipalities.

The overwhelming response has been that ground water regulations are long over-due. Reaction of targeted stakeholders to the GWPR has been positive. Industry has long been calling for the "level playing field" the GWPR will provide and other stakeholders encourage government to go further and move on to the development of Phases two and three.

Previously, a broad-based consultation with the general public (including well owners) was undertaken in spring 2001 on the then proposed Drinking Water Protection Act, including the new ground water protection provisions.



Frequently Asked Questions about the Ground Water Protection Regulation

Q: What is covered by the GWPR?

A: The GWPR will be completed in three phases.

Phase 1 covers:

  • qualifications for well drillers and well pump installers,
  • a register for qualified well drillers and well pump installers,
  • ground water protection through flood proofing, surface sealing, well caps and covers, protection of the well head, and deactivating or closing of wells (well construction standards), and
  • the establishment of offences for which tickets may be issued.

Phase 2 will focus on:

  • additional standards for well construction, flowing wells, well pumps, flow testing, well operation and well siting,
  • water analysis for new and altered wells,
  • well reports, and
  • the establishment of offences for which tickets may be issued.

Phase 3 will focus on:

  • implementing water management plans in designated areas,
  • drilling authorizations (if necessary), and
  • other measures for aquifer quality and quantity protection and use.

The GWPR applies to water supply wells (i.e., domestic wells and non-domestic wells, such as irrigation wells), ground water monitoring wells, recharge and injection wells, dewatering or drainage wells, remediation wells and geotechnical wells that do not involve water transfer (i.e., boreholes, test pits, closed geo-thermal and special types of holes). The GWPR does not apply to geothermal wells, oil and gas wells, or wells used for coalbed methane extraction which are already regulated under other acts, like the Geothermal Resources Act, Mines Act, and Petroleum and Natural Gas Act.


Q: Why is the GWPR needed?

A: Unregulated drilling activities and lack of enforceable well construction standards have contributed to ground water quantity and quality problems in some areas of B.C.. These problems could potentially affect human health, public safety and property values.

This is the first time that British Columbia has enacted ground water protection regulations. Prior to enacting the GWPR, British Columbia was the only province in Canada without comprehensive ground water regulations.

Q: What is the purpose of the Ground Water Protection Regulation (GWPR)?

A: The primary purpose of the Ground Water Protection Regulation is protection of the quantity and quality of the province’s valuable ground water resource by:

  • setting out standards to safeguard and maintain the integrity and efficient use of the ground water resource, and
  • ensuring activities related to well water and ground water are undertaken in an environmentally safe manner.

Q: How was the GWPR developed?

A: The GWPR is based on recommendations made by the Ground Water Advisory Board, an expert panel of ground water scientists and engineers and representatives of the well industry. As such, the recommendations help ensure that the GWPR is practical and science-based.


Q: With whom did the government consult on the GWPR?

A: Targeted consultation on the GWPR was held with 21 external stakeholder groups in the spring of 2003 including:

  • British Columbia Ground Water Association,
  • British Columbia Water and Waste Association,
  • five British Columbia Health Authorities, and
  • Union of British Columbia Municipalities.

Previously, a broad-based consultation with the general public (including well owners) was undertaken in Spring 2001 on the then proposed Drinking Water Protection Act, including the new ground water protection provisions.

Q: What was the response of consulted stakeholders to the GWPR?

A: The benefits are:

  • securing a safe and healthy ground water resource and reducing risk of degradation of water quality and depletion of aquifers,
  • increased public confidence in ground water resources,
  • improved integrity and safety of wells and community drinking water supplies (consumer protection),
  • consistent province-wide performance standards for well drillers and well pump installers (level playing field),
  • improved tracking of wells and their condition,
  • a system of ground water protection that is efficient and accountable,
  • clearer responsibility of well owners to maintain wells in safe and sanitary condition, and
  • enhanced protection of aquatic ecosystems dependent on ground water.


Q: How does the GWPR stack up against similar ground water regulations in other provinces or states?

A: The GWPR addresses critical issues that Alberta, Ontario and Washington State have also addressed: qualifications of the people who do the work, surface sealing of wells, closing of wells and flood-proofing of drinking water supplies.

Q: Doesn't the Drinking Water Protection Regulation (DWPR) already protect ground water?

A: The Drinking Water Protection Regulation does not directly address private domestic wells. The GWPR compliments the DWPR by providing protection to private domestic wells (as well as community wells) by addressing standards for well construction and operation. Standards for well construction and operation in the GWPR also apply to wells used for non-domestic water supply and other purposes.

Q: Why is the Provincial Government adopting the GWPR in phases?

A: We are adopting the GWPR in phases because:

  • the scope of the legislation is sufficiently broad
  • phasing allows us to gain experience over a short period of time to develop the rest of the GWPR.

Q: When will Phase 1 of the GWPR come into effect?

A: Phase 1 of the Ground Water Protection Regulation came into force on
November 1, 2004 (registration provisions). The remainder of the Phase 1 GWPR (well construction standards) came into force on November 1, 2005, thereby allowing an additional year of transition for individual well owners, industry and municipalities.


Q: When will Phase 2 and 3 of the GWPR come into effect?

A: Work on the first elements of Phases 2 and 3 started in the fall of 2003 and are still in development.

Q: Do the drilling standards in the GWPR apply to all wells?

A: No, geothermal wells, oil and gas wells, and wells used for coalbed methane gas extraction are already regulated under other acts, like the Geothermal Resources Act, Mines Act, and Petroleum and Natural Gas Act, and will not be regulated under the GWPR. The GWPR applies to all other wells, however.

Q: Is there flexibility in the drilling standards?

A: Yes, the GWPR does provide flexibility for some standards (e.g., surface seals) by allowing alternative specifications to be approved by the province or by a Professional Engineer or Professional Geoscientists with expertise in ground water.

Q: Why do we need to have qualified well drillers and well pump installers operating in the province?

A: Although this province has some of the best water well drillers in the world, unregulated drilling activities and lack of enforceable construction standards have contributed to ground water quantity and quality problems in some areas of the province. Improperly and poorly constructed wells and test holes can become pathways for contamination of aquifers and drinking water supplies. Having only qualified drillers and well pump installers work in the province will minimize these problems and provide greater protection to well owners.


Q: Why are abandoned wells a concern?

A: Prior to the GWPR, there were no requirements for wells that are no longer in use to be filled and closed. In addition to the dangers of people and animals falling in excavated wells, these and other wells provide a conduit for contamination to enter directly into the underlying aquifer through the well, degrading the water quality and impacting other well users.

Q: Why is it necessary for wells to have a surface seal?

A: Bacteriological contamination of private domestic wells is a problem in many local areas of the province. This can be minimized or eliminated by installing surface seals in wells to effectively prevent contaminated water from the surface or shallow subsurface zone from entering the well and the aquifer.

Q: Why is it necessary to cap or cover my well?

A: It is necessary to cap or cover your well in order to prevent any contaminants or contaminated flood waters from directly entering the well at the wellhead. For large diameter excavated wells, it is also necessary to cap or cover them as a safety precaution to prevent persons or animals from falling into the well.

Q: Why is it necessary to identify wells with a Well ID plate?

A: It is often difficult to distinguish one well from another in the field. Identifying a well in the field with a well identification plate allows verification of the well to the well record.

Q: Who is affected by the GWPR?

A: Owners of all new and pre-existing wells should be aware of their new responsibilities under the GWPR. Also affected by the GWPR are well drillers, well pump installers and qualified professionals (Professional Engineers and Professional Geoscientists) working in the ground water, environmental and geotechnical engineering field, as well as developers who require geotechnical, monitoring or dewatering wells.

The GWPR will also affect the duties of various government officials under the Water Act and Drinking Water Protection Act.


Q: I had a well drilled over ten years ago, do the new standards apply to my well?

A: Yes and no. For example, the requirement for installing a well cap applies to both new and existing wells, while other requirements such as well identification applies to new and existing community wells but not existing private water supply wells.

Standards for well deactivation or closure also apply to existing wells. Certain standards for well construction may be triggered for an existing well if it is altered. Talk to your local well driller or well pump installer and consult the GWPR.

Q: What cost increases can an individual private well owner expect?

A: For a typical existing water supply well, the cost to the well owner is primarily for closing the well at the end of its useful life (~6% of the cost for a current well). For new water supply wells, the added costs are primarily for the surface seal and for closing the well at the end of its useful life (~10% of the cost for a current well).

The financial costs are considered acceptable for protecting the well supply and ground water resource.

Q: Does the GWPR mean water well licensing and fees?

A: No. Wells regulated under the GWPR are not licensed, nor does the province charge any fees or rentals for extraction of ground water.

Q: How will the GWPR affect the well drilling industry?

A: The GWPR helps ensure a level playing field by providing minimum well construction standards that every driller must meet. The GWPR affects well drillers and well pump installers. Industry professionals should be aware of their new responsibilities under the GWPR. Training workshops, guidebooks and other information will be provided through the British Columbia Ground Water Association and through the Ground Water Home Page.


Q: How does a well driller or well pump installer become qualified so they can get their name on the register?

A: A well driller or well pump installer will need to apply to the province to become registered. Through the application process, they will have to show their qualifications and experience. Once they adequately demonstrate this, they will be registered and be provided with an identification card.

Q: When can well drillers or well pump installers begin to apply to the province to become registered?

A: Authority to adjudicate applications came into effect with the GWPR on November 1, 2004.

Prior to November 1, 2004, the Ministry of Environment developed and made available registration application forms for use by well drillers and well pump installers.

Q: Do I also need to have qualifications if I drill monitoring wells or geotechnical boreholes?

A: In general, any person who constructs a well regulated under the GWPR is required to be qualified, including persons who construct monitoring wells. A person is not required to have qualifications for constructing a geotechnical well if the well is not likely to disturb or does not disturb an aquifer. A person is not required to have qualifications for excavating a well of 15 m depth or less.

In cases where a qualified well driller is not required, the well construction standards (e.g., standards for surface sealing, capping, protection of the well head) will still apply.

Q: Does the GWPR have grand-parenting provisions for well drillers and well pump installers?

A: Yes, well drillers and well pump installers who are currently not certified by the province’s Industry Training Centre or by the Canadian Ground Water Association can be grand-parented, provided they can demonstrate that they have the equivalent of 5 years full time experience drilling wells or installing well pumps. The grand-parenting provision will end on October 31, 2006.

Q: How will someone know if a well driller or well pump installer is qualified?

A: As a requirement of the GWPR, the Ministry must keep a register of qualified well drillers and a register of qualified well pump installers who are authorized to operate in the province. These registers will be made publicly available — likely on the internet.

Registered well drillers and well pump installers will be issued an identification card as proof of their qualifications.

Q: Will costs to well drillers and well pump installers increase because of the GWPR? If so, by how much?

A: The GWPR is not expected to increase costs to well drillers or well pump installers.

Q: With all these new regulations, how will drillers and pump installers know what is expected?

A: Training workshops, guidebooks and other information will be provided through the B.C. Ground Water Association and through the Ministry Ground Water Home Page.

Q: How will the province enforce the new regulation?

A: Because this is a health and safety issue, we expect high degree of voluntary compliance. We’ll be raising awareness through education, guidebooks and brochures, as well as training workshops with industry. There will be general and ticketable offences for non compliance. We will focus our enforcement efforts where we know there is non-compliance or where there is a high-risk to the aquifer or to public health and safety.

Q: What are some of the non-compliance offences and fines?

A: Among the offences are: tampering with a well; failure to deactivate or close an unused well; failure to provide proof of qualifications; introducing waste into a well.

Details of ticketable offences and fines are still in development and will be addressed in Phase 2 of the GWPR.


Q: Will Ministry staff be going onto people's property to check compliance?

A: The Ministry will rely heavily on voluntary compliance. We will focus our enforcement efforts where we know there is non-compliance or where there is a high-risk to the aquifer or to public health and safety.

Q: What else is the Ministry of Environment doing to enhance the management and protection of ground water?

A: In addition to the GWPR, the Ministry of Environment has always had a strong tradition of promoting ground water management and protection through non-regulatory means.

The ministry continues to map and classify developed aquifers in the province. To date, the ministry has identified and classified over 600 aquifers in B.C. and hopes to complete the inventory by 2010. The ministry is also beginning to map in detail, high priority aquifers in the province.

The Ministry is also supporting workshops on ground water protection and monitors ambient ground water levels and ground water quality in developed aquifers throughout the province through its Observation Well Network and Ambient Ground Water Quality Monitoring Network.



Important Links

The registration provisions in the Ground Water Protection Regulation and amendments to the Water Act relating to ground water came into force on November 1, 2004, and the remainder of the Regulation, including Appendix A (the “Code of Practice for Construction, Testing, Maintenance, Alteration and Closure of Wells in British Columbia”) which sets out the minimum rules or standards in relation to wells came into force on November 2005.

The legislation is located on the following web pages:



Would you like more information on the Ground Water Protection Regulation?

If you have further questions or would like more information about the Ground Water Protection Regulation, please write to:

Science and Information Branch
Ministry of Environment
PO Box 9341 Stn Prov Govt
Victoria B.C.
V8W 9M1

Fax: (250) 356-7197
E-mail: GroundWater@gov.bc.ca

April 2006