6(1)A person who operates a machine for the purpose of drilling, altering or repairing a well shall obtain a well driller’s permit.

6(2)Subsection (1) does not apply to a helper.

8(1)A well contractor’s permit or a well driller’s permit expires at the end of the calendar year for which it was issued.

8(2)The Minister may renew a well contractor’s permit if the holder of the permit makes an application to the Minister in a form provided by the Minister and pays a fee of three hundred dollars.

8(3)The Minister may renew a well driller’s permit if the holder of the permit makes an application to the Minister in a form provided by the Minister and pays a fee of one hundred dollars.

9(1)The Minister may suspend or cancel a well contractor’s permit or a well driller’s permit if the holder of the permit violates or fails to comply with any provision of the Act or this Regulation.

9(2)The Minister may reinstate a well contractor’s permit or a well driller’s permit that has been suspended or cancelled under subsection (1) upon such terms and conditions as the Minister may require.

11(1)Where a well is constructed by a well contractor, an inspector may, by notice served upon the well contractor, require that the well contractor complete any modifications necessary to cause the well to be constructed in accordance with this Regulation.

11(2)A well contractor shall, at the well contractor’s expense, complete the modifications required by an inspector under subsection (1) within thirty days after receiving the notice.

14(1)A well shall be located so that it is accessible for cleaning, treatment, repair, testing and inspection.

14(2)No well shall be located under a building unless provision is made in the construction of the building allowing access to the well for cleaning, treatment, repair, testing and inspection of the well.

14(3)If a well is located adjacent to a building, it shall be located so that the centre line, extended vertically, of the well is not closer than two metres from the building or any portion of the building.

16(1)No well shall be drilled unless the well driller installs casing in standard pipe size and weight in accordance with Schedule A, which casing shall

16(2)If compliance with subsection (1) does not prevent contamination of the water in the well, the well contractor shall

16(3)Immediately after a well has been completely constructed, a well driller shall thoroughly clean all debris from the well and shall disinfect the well using a method approved by the Minister before construction.

16(4)Where the drilling and disinfection of a well has been completed, a well driller shall seal the upper open end of the casing with a well seal of a type approved by the Minister in such a manner as to prevent contamination of the well before a pump is installed.

18(1)A dug well shall have a casing that extends at least one hundred and fifty millimetres above the immediate land surface and shall be protected against surface waters entering the well by means of a sloping impermeable apron or housing or other adequate protection approved by the Minister before construction of the well.

18(2)From the top of a dug well to a distance at least two metres below the immediate land surface, the casing of a dug well, at the opening of the well, shall be constructed of concrete rings, steel rings, poured reinforced concrete, brick or some other material approved by the Minister before construction of the well and the joints thereof shall be watertight.

19(1)From the top of a dug well to a distance at least two metres below the immediate land surface, the annular space between the casing or rocked-up portion of the well and the surrounding side walls of the excavation shall be filled with clean washed gravel, sand, crushed rock or small boulders.

19(2)Any portion of the annular space between the casing or rocked-up portion of a dug well and the surrounding side walls of the excavation not filled with the materials referred to in subsection (1) shall be filled with cement grout, concrete, bentonite or equivalent commercial slurry, clay slurry or puddled clay to prevent surface waters from getting into the well.

22(1)No well shall be located so near to a source of contaminant that contamination of the well by groundwater flow or seepage may take place.

22(2)Except with the prior approval of the Minister and the Minister of Health, no well shall be constructed within the distances specified from the sources of contaminant specified below:

22(3)No well shall be located within sixty metres of a cesspool or seepage pit that is more than three and one-half metres deep unless the well is so cased as to prevent seepage from the cesspool or seepage pit into the well.

22(4)No well shall be located so near to a sanitary landfill, garbage dump or other massive source of contaminant so that the well might become contaminated unless the written approval of the Minister and the Minister of Health is obtained and the well is constructed in accordance with any requirements established by the Minister and the Minister of Health in their approval.

23(1)If a seepage pit is constructed within sixty metres of a well,

23(2)No source of contaminant mentioned in section 22 shall be constructed any nearer to a well than the distance prescribed by section 22 unless the well is filled and sealed in accordance with section 27.

32(1)No well driller shall complete the construction of a well without performing an adequate test to determine the rate of yield of the well, which shall be carried out in accordance with the water well construction and testing procedures determined by the Minister.

32(2)If a well is intended to supply water as part of a public water supply, testing of the well shall be carried out in accordance with the requirements of the Minister, which may include construction of observation wells for proper measurement of the well and aquifer properties.

32(3)The minimum requirements for the testing of public water supply wells include a development period, a stage drawdown test and a constant rate test, all including water level measurements in the well and in at least one observation well, which measurements shall be continued after pumping has stopped until such time as the recovery curve can be identified.

32(4)If a well is intended to supply water for any purpose other than that described in subsection (2) to meet a demand in excess of fifty cubic metres per day, a pumping test of not less than twenty-four hours duration shall be conducted.

32(5)If a well is intended solely to supply water for household purposes to not more than one single family dwelling unit or to produce not more than fifty cubic metres of water per day, a yield test of not less than one hour duration shall be carried out in accordance with the water well construction and testing procedures determined by the Minister.

32(6)Water level measurements shall be made before, during and after the pumping test and sufficient measurements of water levels shall be made immediately after pumping stops to establish the recovery curve.

34(1)A person who bores, drills, digs or redrills a well or causes a well to be bored, dug, drilled or redrilled shall complete a water well driller’s report as required by the Minister, in triplicate, with respect to each well bored, drilled, dug or redrilled.

34(2)A person referred to in subsection (1) shall

35(1)The Well Drilling Advisory Board is established and shall consist of not less than three and not more than nine persons appointed by the Minister, of whom at least one shall be a representative of the public at large.

35(2)The Well Drilling Advisory Board shall advise the Minister in relation to

37(1)Any notice or other document which is to be given to, filed with or served upon the Minister shall be sufficiently given, filed or served if it is delivered personally or mailed prepaid certified post to The Director, Water Resources Branch, New Brunswick Department of Environment and Local Government, P. O. Box 6000, Fredericton, New Brunswick, E3B 5H1.

37(2)Any notice or other document which is to be given to or served upon a person making an application for a well contractor’s permit or a well driller’s permit, whether before or after the permit has been issued, shall be sufficiently given or served if it is delivered personally or if it is mailed prepaid certified post to the last address of that person reported to the Minister under this Regulation.

37(3)Service by prepaid certified post shall be deemed to have been effected five days after the date the correspondence is deposited in the mail.

38(1)If a well is or will be located, spaced, constructed, altered, reconditioned, repaired, sealed, capped or abandoned in violation of this Regulation, an inspector may order the person doing the work or activity, or causing the work or activity to be done, to do either or both of the following:

38(2)A person to whom an order is directed under subsection (1) shall comply with the order to the satisfaction of the inspector within the time specified in the order.

39(1)A well contractor’s permit issued under the Water Well Regulation - Clean Environment Act, being New Brunswick Regulation 83-125 under the Clean Environment Act, before the commencement of this subsection and subsisting at the time of commencement of this subsection shall be deemed to be a well contractor’s permit issued under section 5 of this Regulation.

39(2)A well driller’s permit issued under the Water Well Regulation - Clean Environment Act, being New Brunswick Regulation 83-125 under the Clean Environment Act, before the commencement of this subsection and subsisting at the time of commencement of this subsection shall be deemed to be a well driller’s permit issued under section 7 of this Regulation.