In this subtitle the following words have the meanings indicated. “Abandon” means to discontinue the use of a well permanently. “Board” means the State Board of Well Drillers. “Owner” means a person who has the right to drill into, produce, and appropriate the production of water, for the owner, for another person, or for both of them. “Underground water” means a supply of water that may be developed by any type of well or spring from beneath the surface of the ground whether the water flows from the well or spring by natural force or is withdrawn by pumping, other mechanical device, or artificial process. “Well” means a hole made in the ground: To explore for groundwater; To obtain or monitor groundwater; To inject water into any underground formation from which groundwater may be produced; or To transfer heat to or from the ground or groundwater, if the hole: Extends more than 20 feet below the surface of the ground; and Is not a well for obtaining geothermal resources under § 5-601 of this article. “Well driller” means a person who is in charge of: Making, altering, repairing, or sealing a well; or Installing, altering, repairing, or disconnecting well system equipment.

A well is considered to be abandoned if: It is in such a state of disrepair that its continued use for the purpose of obtaining ground water is impracticable; or It has been disconnected permanently from any water supply system or irrigation system.

This subtitle does not limit the powers of any State unit that has jurisdiction of and supervision over the public and drinking water supplies of this State.

This subtitle denies any municipality, county, or other political subdivision of this State the right to adopt and enforce any additional rule or regulation that relates to construction of wells.

The Department shall adopt rules and regulations for the construction of wells. The rules and regulations may recognize a variation: In the primary use or construction of wells; and Of the materials penetrated in different localities. Before the Department adopts any rule or regulation that relates to the construction of wells, the Department shall submit the proposed rule or regulation to the Board for comment. Notwithstanding any provisions to the contrary, a county board of health, delegated by the Department of the Environment to implement a well inspection program, may collect a fee for the issuance of well permits required under § 9-1306 of this subtitle. However, a county health department may not collect a fee for test or irrigation wells.

The Department shall adopt regulations to require that whenever the Department tests water from a well used for domestic purposes the following information shall be given to a person who requests the test and to any other person for whose benefit the test is requested: A certificate of potability; The complete results of the test, whether the test requested is bacteriological or chemical in nature; and The name, address, and telephone number of the appropriate agency of local government that the person may contact for an explanation of the test results. The regulations shall apply to any person or unit of State or local government that tests the water from a well.

Except as indicated in subsection (b) of this section, a person may not drill a well in this State unless the Department issues a permit to drill the well. A person who has not been issued a permit by the Department may, after having notified the county board of health and a municipality if the temporary dewatering device will be located inside the municipality’s corporate boundary line or if the temporary dewatering device will be located 1 mile or less outside the municipality’s corporate boundary line, install a temporary dewatering device to facilitate the installation of underground utilities if the device: Is installed 30 feet or less below the ground surface; Is not located in any trench used for the installation of underground utilities; Contains no mechanical pumping equipment below the surface; and Is removed no more than 30 days after installation. A person installing a temporary dewatering device under subsection (b) of this section shall restore the subsurface conditions of the installation area as nearly as possible to the conditions that existed before the installation.

In applying for a permit to drill a well, the well driller shall: Give the Department any information the Department requires; and Notify a municipality if the well will be drilled inside the municipality’s corporate boundary line or if the well will be drilled 1 mile or less outside the municipality’s corporate boundary line. As a condition to issuing a permit to drill a well, the Department may require that samples of the materials encountered in drilling the well be preserved and submitted to the Department. A county board of health may establish a permit fee to defray county expenses in inspecting wells, collecting water samples, and issuing certificates of potability. For an interim certificate of potability, a county board of health shall accept initial test results prepared by a private State certified laboratory. The fee may be charged before a permit required under § 9–1306 of this subtitle is issued. Except as provided in subparagraph (iii) of this paragraph, the fee may not exceed $160 per well or $160 per cluster of wells to be used exclusively to transfer heat to or from the ground or groundwater. In Anne Arundel County only: Subject to item 2 of this subparagraph, the fee charged shall be set so as to produce funds to reflect the actual cost of inspecting wells, collecting water samples, and issuing certificates of potability by the Anne Arundel County Board of Health; and For a well drilled to replace an existing well the fee charged shall be no more than 50% of the fee as calculated under item 1 of this subparagraph. A permit shall be issued within a reasonable period of time after receipt of the application and shall be valid for a period of 12 months from the date of issuance by the approved delegated permitting authority. A county board of health may waive a fee for a well that is drilled to replace a well not in conformity with the regulations adopted under § 9–1305 of this subtitle.

On completion of the drilling of any well, the well driller shall file a final report with the Department. The report shall include: The log of each well; The size and depth of each well; The diameters and lengths of casing and screen installed; The static and pumping levels; The yield of each well; and Any other information relating to the construction or operation of the well that the Department requires.

The owner of any well shall maintain it in accordance with the rules and regulations of the Department. On abandoning any existing well or test hole, the well owner shall: Notify the Department; and Effectively seal and fill the well or test hole in accordance with the rules and regulations of the Department.

An owner of a pumping well or flowing well may not discharge or permit the discharge from the well of water that is allowed to run to waste and not put to useful service.

A person who violates any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and on conviction is subject to: For a first offense, a fine not exceeding $500 or imprisonment not exceeding 3 months or both; or For a subsequent offense, a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both. The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, or permit adopted or issued under this subtitle. In any action for an injunction under this subsection, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines. A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 6 months or both if the person: Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, or permit adopted or issued under this subtitle; or Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, or permit adopted or issued under this subtitle. The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this subtitle, including the recovery of penalties.