Chapter 10: Regulatory and Business Requirements for Environmental Drillers

The utility contractor wanting to begin work in the environmental field encounters a whole level of complexity in dealing with regulations, health and safety requirements, permitting, and insurance needs. This chapter summarizes the basic requirements for contractors in the environmental field.

Regulations

The environmental industry has been regulated from its inception by federal and state agencies who are interested in protecting not only the environment, but the workers involved in investigations and cleanups. Because of this, environmental drillers are subject to numerous regulations that do not apply to utility drillers. These regulations, and the agencies themselves, present unique challenges to drillers working on environmental projects. This section of the handbook presents an overview of the regulations and some suggestions for working with regulators.

Federal Regulations

The U.S. regulations designed to protect the environment were first enacted in 1963 with the passage of the Clean Air Act. Over the ensuing decades, other regulations were passed controlling waste disposal activities, toxic substances, pesticides, and myriad other specific concerns. Table 1 lists the more prominent regulations enacted in the United States in the past three decades.

Table 1: Federal Regulations Pertainiing

to Environmental Protection

 

CleanAirActandAmendments(1963, 1970, 1977, 1992)
Federal Water Pollution Control Act (1972)
Resource Recovery Act (1970)
Resource Conservation and Recovery Act (RCRA) (1976)
Toxic Substances Control Act (1976)
Occupation Safety and Health Act (OSHA) (1976 -1990)
Clean Water Act Amendments (1977 -1990)
Comprehensive Environmental Responsibility, Compensation and Liability Act
(CERCIA) (1980)
Hazardous and Solid Waste Amendments (1984)
National Emission Standards for Hazardous Air Pollutants (1970, 1977)
Superfund Amendments and Reauthorization Act (1986)
 
 

These regulations have been augmented by many state and local regulations. In each case, the intent of the regulations is to define and enhance protection for human health and the environment.

Most federal regulations have flow-down clauses that allow states to take over some or all of the functions granted in federal laws. In some instances, states have enacted their own regulations that may be even more stringent than similar federal regulations. Drillers working on environmental projects need to be aware of the state and even local requirements in order to protect themselves from potential citations and fines.

Drilling contractors will find that most engineering companies issuing requests for proposals will include clauses that require them to comply with all federal, state, and local regulations. In the case of contracts with federal or state agencies, there may be many pages of supplemental, applicable regulations. These regulations, although intimidating at first, can be successfully managed.

The first step to compliance is to find a ready source of federal, state, and local laws and regulations. The local public library is a good source for federal and state laws. When bidding projects outside of the local area, the Internet is a good source of information. For example, linking to http://www.envirotech.org will let you gain access to a large database of federal and state regulations. A large part of the database is free access, and the Web site provides a powerful search engine to locate environmental laws within any region.

Other important considerations are the licensing requirements for working both in and out of state. Environmental well drilling has been tightly controlled by most states. In many cases, a contractor will need to obtain a water well driller's license in order to drill environmental remediation wells. The fines for noncompliance are substantial, with some cases even including criminal prosecution. The following section discusses these requirements.

Licensing Requirements State by State

The environmental well drilling market has been dominated by vertical well drillers for nearly 20 years. During that time, regulations have been enacted in many states that establish stringent requirements to install environmental monitoring and remediation wells. Most states do not have regulations specific to horizontal systems, and group construction requirements for horizontal wells in with vertical wells. Many state environmental agencies will require either a variance to their existing permitting requirements or at least some detailed explanation about horizontal remediation systems before they will allow their construction. This means that the contractor must have a good working knowledge of both vertical and horizontal well systems, even in states that do not require driller licensing.

In states that do require driller licensing, the test is generally comprehensive, covering a variety of topics. In some states, the tests are difficult since they are based on vertical well drilling technology. It helps to have experience in cable tool, hollow-stem auger, and rotary drilling techniques. Very often, a detailed resume of well drilling experience is required before a contractor can take a written test. Some states also require an interview before a qualifying board, prior to testing. Some states have reciprocity (e.g., Illinois) with other states. If a contractor already has been issued a water well driller's license in another state, he should inquire before applying to take a test.

Table 2, found at the end of this chapter, is a state-by-state listing of licensing requirements. Although this list was comprehensive at the time of publication, the regulations can change at any time. Checking with the relevant regulatory authorities before bidding or drilling on a project is always recommended.

Insurance Requirements

Most environmental remediation projects are performed on sites with identified environmental contaminants that are known and to a certain extent quantified. All companies working on the site are typically required to carry environmental impairment insurance to protect them against claims for environmental damages that may result from their cleanup operations. The insurance requirements are described in the requests for proposal or in the contract documents. In the past, environmental insurance was difficult to obtain and expensive. This has changed in recent years with the appearance of major insurers in the market. It is now possible to get environmental impairment insurance for a reasonable cost. The key to obtaining the insurance is for the contractor to be well prepared to demonstrate his ability to understand and comply with environmental requirements.

The best way to demonstrate an understanding of environmental requirements is to prepare and implement a good health and safety program. This program, when implemented, will provide the necessary documentation of training and medical surveillance. The plans developed as part of the program will demonstrate corporate knowledge and adherence to environmental regulations. It may be useful to obtain the services of a consultant to help prepare a health and safety program and help prepare for the preinsurance audit. The contractor's insurance broker can also help prepare for obtaining insurance.

The environmental impairment insurers are becoming more competitive as more of them enter the market. Only two years ago, the only policies being written were on a claimsmade basis. Occurrence-based policies are now available, making this insurance more appropriate for environmental remediation projects.

Regulations Enforcement

One major difference between environmental drilling and utility drilling is the large number of regulatory agencies involved in the projects. A given project may have federal, state, regional and local regulations governing the work being performed. Often there will be more than one regulatory body from the federal or state governments. Projects have been let where OSHA is concerned with worker safety, EPA is concerned with environmental cleanup, the Corps of Engineers is concerned with wetlands encroachment, and the Fish and Wildlife Service is concerned with impacts on local flora and fauna. Any one of these organizations or their state and local counterparts can halt a project at any time.

Typically, the client's project manager will handle regulatory issues, but the contractor should be prepared to protect his own interests as well. The best way to do this is to be prepared. If the field manager can quickly produce all the required documentation in a professional and straightforward manner, the agency site inspector is less likely to probe more deeply into the operation. Table 4 is a list of the documentation that should be on hand prior to entering an environmental job site.

Table 2: State-by-State Licensing Requirements for Environmental Drilling

State

License Registration Required

Contruction Standard/Guidelines

Permit/Notice Required

Reports Required

Agency Contact

AL

NO

YES

NO

YES

ADEM -- Groundwater Branch

 P.O. Box 301463

 Montgomery, AL 36160-1463

 (334) 271-7957

 Jean Brewer

AK

NO

YES

NO

NO

Dept. of Environmental Conservation

 3601 C St., Ste. 1334

 Anchorage, AK  99503

 (907) 273-4261

AZ

YES

YES

YES

YES

Dept. of Water Resources

 500 N. 3rd Street

 Phoenix, AZ  85004

 (602) 417-2400

 Mike Ball

AR

YES

YES

NO

YES

Arkansas Water Well Commission

 One Capitol Mall, Ste. 2D

 Little Rock, AR  72201

 (501) 682-1025

CA

YES

YES

YES

YES

Contractors State License Board

 P.O. Box 26000

 Sacramento, CA  95826

 (800) 321-2752

CO

YES

YES

YES

YES

Division of Water Resources

 1313 Sherman Street

 Denver, CO  80203

 (303) 866-3581

 Gina Antonio

CT

YES

YES

YES

YES

Consumer Protection

 165 Capitol Ave.

 Hartford, CT  06106

 (860) 566-3290

DE

YES

YES

YES

YES

Dept. of Natural

Resources and Environmental

Control Division of Water

Resources

89 Kings Highway

P.O. Box 1401

Dover, DE  19903

(302) 739-4793

Harry Hudson

FL

YES

YES

YES

YES

Dept. of Environmental Protection

Twin Towers Office bldg.

2600 Blairstone Rd.

Tallahassee, FL  32399-2400

(904) 539-5999

Donnie McClougherty

GA

YES

YES

NO

NO

Environmental Protection

Division

Georgia Geological Survey

19 Martin Luther King, Jr., Dr.

SW, Room 400

Atlanta, GA  30334

(404) 656-3214

HI

YES

NO

YES

YES

Hawaii Department of

Consumer Affairs

P.O. Box 3469

Honolulu, HI 96801

(808) 586-3000

June Kamioka

ID

YES

YES

YES

YES

Idaho Dept. of Water

Resources Ground Water Protection Section

 1301 N. Orchard

 Boise, ID  83706-2237

 (208) 327-7900

IL

YES

YES

YES

YES

Dept. of Public Health

Division of Environmental

Health

525 W. Jefferson

Springfield, IL  62761

(217) 782-5830

Jerry Dalsin

IN

YES

YES

NO

YES

Dept. of Natural Resources

Division of Water

Water Rights Section

402 W. Washington,

Room W264

Indianapolis, IN  46204-2748

(317) 232-1118

IA

YES

NO

NO

NO

Dept. of Natural Resources

Wallace Bldg.

Des Moines, IA  50309

KS

YES

YES

NO

YES

Bureau of Water

Industrial Program Section

Environmental Geology Unit

Forbes Field, Bldg. 283

Topeka, KS  66620-0001

(785) 296-3565

Richard Harper

KY

YES

YES

NO

YES

Division of Water

Groundwater Branch

14 Reilly Road

Frankfort, KY  40601

(606) 564-3410

Jack Moody

LA

YES

YES

YES

YES

Dept. of Transportation and Development

Water Resources Section

P.O. Box 94245

Baton Rouge, LA  70804-9245

(504) 379-1434

ME

NO

NO

NO

NO

Dept. of Environmental

Protection

Statehouse Station 17

Augusta, ME  04333

(207) 287-2651

MD

YES

YES

YES

YES

State Board of Well Drillers

Dept. of the Environment

2500 Broening Highway

Baltimore, MD  21224

(410) 631-3168

MA

YES

YES

NO

YES

Division of Water Resources

100 Cambridge Street

Boston, MA  02002

(617) 727-3267

MI

NO

YES

YES

YES

Dept. of Public Health

Groundwater Quality

Control Section

P.O. Box 30035

Lansing, MI  48909

(517) 335-8304

MN

YES

YES

YES

YES

Minnesota Dept. of Health

121 E. 7th Place,

Ste. 220

St. Paul, MN  55101

215-0700

Janice Stanger

MS

YES

YES

NO

YES

Office of Land and Water

Resources

Dept. of Environmental Quality

P.O. Box 10631

Jackson, MS  39289-0651

(601) 961-5200

MO

YES

YES

YES

YES

Dept. of Natural Resources

Division of Geology and Land Survey

P.O. Box 250

Rolla, MO  65401

(314) 369-2165

MT

YES

YES

NO

NO

Board of Water Well Contractors

48 North Last Chance Gulch

P.O. Box 201601

Helena, MT  59620

444-6643

Bob Rudio

NE

YES

YES

YES

YES

Dept. of Health 

P.O. Box 95007

 Lincoln, NE  68509

 (402) 471-2541

NV

YES

YES

YES

YES

Division of Water Resources

 123 W. Nye Lane

 Carson City, NV  89710

 (702) 687-4380

NH

YES

YES

NO

YES

Water Well Board

 P.O. Box 2008

 Concord, NH  03301-2008

 (603) 271-3406

NJ

YES

YES

YES

YES

Dept. of Environmental Protection

 Water Supply Element

 Bureau of Water Allocation, CN

 426426

 Trenton, NJ  08625

 (609) 292-2957

NM

YES

YES

YES

YES

State Engineers Office

 Water Rights Division

 Bataan Memorial Bldg.

 Santa Fe, NM  87503

 (505) 827-6120

NY

NO

YES

NO

NO

Dept. of Environmental

Conservation

Division of Solid and

Hazardous Materials,

Room 206

50 Wolf Road

Albany, NY  12233

457-2051

Bob Bazarvick

NC

YES

YES

YES

YES

NCDEHNR/DEM-Groundwater

Section

P.O. Box 29535

Raleigh, NC  27626-0535

(919) 733-3221

ND

YES

YES

NO

YES

North Dakota Board of Water

Well Contractors

900 E. Blvd.

Bismark, ND  58505

328-2754

Milton Lindvig

OH

NO

YES

YES

YES

Ohio EPA

Division of Drinking and Ground Waters

1800 Watermark Drive

 Columbus, OH  43266

 (614) 644-2905

OK

YES

YES

NO

YES

Water Resources Board

Drilling/Pump Contractors

Program

600 N. Harvey

P.O. Box 150

Oklahoma City, OK  73101-0150

(405) 530-8800

OR

YES

YES

YES

YES

Water Resources Dept.

158 12th Street, NE

Salem, OR  97310

378-8455

Juno Trump (x218) or Robb Carter (x (283)

PA

YES

NO

NO

YES

Dept. of Conservation &

 Natural Resources

 Bureau of Topographic and Geologic Survey

 P.O. Box 8453

 Harrisburg, PA  17105-8453

 787-5828

 Donna Sneider

RI

NO

YES

NO

YES

Dept. of Environmental

 Management

 Groundwater Section

 291 Promenade Street

 Providence, RI  02908

 277-4700

 Ernie Pancera (x 7603)

 Terry Simpson (x 7607)

SC

YES

YES

YES

YES

Dept. of LLR. Bd. of

 Environmental Certification (licensing)

2221 Devine St., Ste. 320

Columbia, SC  29205

(803) 734-9140

Dept. of Health and

Environmental Control

(construction)

Ground Water Protection Division

2600 Bull Street

Columbia, SC  29201

(803) 734-5331

SD

YES

YES

NO

YES

Dept. of Environment and Natural

Resources

Water Rights Division

Joe Foss Building

Pierre, SD  57501

773-3352

Jim Goodman

TN

NO

NO

NO

NO

Division of Water Supply

401 Church Street

L & C Tower, 6th Floor

Nashville, TN  37243-1549

(615) 532-0176

TX

YES

YES

NO

YES

Water Well Drillers Advisory Council

 P.O. Box 13087

 Austin, TX  78711

 (512) 239-0530

UT

YES

YES

YES

YES

Dept. of Natural Resources

 Rights/Well Drilling Section

 1636 West North Temple,

 Suite 220

 Salt Lake City, UT  84116-3156

 (801) 538-7416

VT

NO

YES

NO

NO

Dept. of Environmental

 Conservation

 103 S. Main Street

 Waterbury, VT  05676

 (802) 241-3400

VA

YES

NO

NO

NO

Board for Contractors

 (licensing) Dept. of Professional

 and Occupational Regulation

 3600 W. Broad Street

 Richmond, VA  23230

 (804) 698-4043

 Terry Wagoner

WA

YES

YES

YES

YES

Dept. of Ecology

 P.O. Box 47600

 Olympia, WA  98504-7600

 407-6648

 Richard Szymarek

WV

NO

NO

YES

NO

Division of Environmental

 Protection

 Office of Water Resources

 1201 Greenbrier Street

 Charleston, WV  25311

 (304) 558-2108

WI

NO

YES

NO

YES

Bureau of Drinking Water and Ground Water

 P.O. Box 7921

 Madison, WI  53707-7921

 266-2104

 Mike Lemke

WY

NO

YES

YES

YES

State Engineers Office

 Ground Water Division

 Herschler Bldg., 4E, 122 W 25th

 Cheyenne, WY  82002

 777-6163

 Dick Stockdale