R 325.1613 Deviations from minimum standards.

Rule 113. (1) A health officer, in the discharge of his or her duty to protect the public health, may issue a deviation from the provisions of specific rules as provided for in this rule, if the spirit and intent of these rules are observed and the public health, safety, and welfare are assured. (2) Rules or parts of rules, specific minimum standards, requirements, and conditions for which deviations may be permitted are as follows: (a) The provisions of R 325.1611(1) may be deviated from to permit a water service line to remain in a condition that is not in compliance with the provisions of these rules when extensive changes or repairs to a water supply system are made if the water service line is located beneath a permanent structure or pavement. (b) The provisions of R 325.1622 may be deviated from as follows: (i) A well may be located closer than the specified minimum distance to a potential or known source of contamination if the dimensions of the property on which the well is to be located do not permit compliance with the specified minimum distances and if any of the following conditions exist: (A) Hydrogeologic data indicate that the direction of groundwater flow at the contamination source is away from the well. (B) The depth of the well and depth of grouting of the casing that is specified by a health officer as a condition of the deviation will provide equivalent protection of groundwater quality and the public health. (C) The well is being constructed to replace an existing water supply well that is located on a site where a habitable structure exists. (ii) A well may be required to be located more than the specified minimum distance from a potential or known source of contamination if the minimum specified distance will not protect groundwater quality or the public health due to local groundwater conditions, geology, or other factors. (iii) A well may be located closer than the specified minimum distance, but not closer than 10 feet, to a pressurized sewer that meets all of the following requirements: (A) The sewer pipe and joints have been pressure tested, after installation, to not less than 100 pounds per square inch and have been determined to be watertight. (B) The sewer pipe and joints meet or exceed the standards of ASTM specification D 1785-91 or D 2241-89. The specifications are adopted by reference in R 325.1610. (C) The sewer has a wall thickness that is equivalent to, or thicker than, schedule 40 or SDR 21. (iv) A health officer may require a study of the hydrogeological conditions of a site to support a deviation issued pursuant to the provisions of this subrule. (c) The provisions of R 325.1624(1)(a) may be deviated from to permit a well to be located closer than 3 feet to a building, pump room, or any projection thereof if all of the following conditions exist: (i) The well is replacing an abandoned well. (ii) The dimensions and features of the property on which the well is to be constructed do not permit location of the well to be in compliance with the specified minimum distance. (iii) Access for maintenance of the well is provided. (d) The provisions of R 325.1632(3) may be deviated from to permit a well casing to extend less than 25 feet below the ground surface if the well will not be used to supply water to habitable structures or for human consumption and if both of the following conditions exist: (i) The well and water supply system are clearly and permanently identified as not being suitable for human consumption or body contact. (ii) The well and water supply system are separated from any potable water supply system on the premises. (e) The provisions of R 325.1632(3) may be deviated from to permit a well casing to extend less than 25 feet below the ground surface if there is reason to believe that potable water of suitable quantity does not exist at a reasonable depth of more than 25 feet and if either of the following conditions exists: (i) The distance between the well and a potential or known source of contamination is increased pursuant to the provisions of subdivision (b)(ii) of this subrule. (ii) A confining layer is present above the aquifer that will be used by the shallow well. (f) The provisions of R 325.1634a(1) may be deviated from to permit the length of casing to be grouted for rotary-bored or augered wells to be decreased if the well is more than 100 feet deep and if a confining layer is not penetrated. (g) The provisions of R 325.1637 may be deviated from to require that a well casing extend more than 25 feet below the ground surface if there is reason to believe that nonpotable water is or may be present in the upper bedrock. (h) The provisions of R 325.1638(2) may be deviated from to permit flowing well discharge if the well owner or the well owner's representative demonstrates any of the following: (i) Control of the flow is not practical. (ii) Control of the flow will likely result in the production of sand or turbidity in the water. (iii) The discharge is for a beneficial use. (3) Deviations from the rules listed in subrule (2) of this rule shall be made, in writing, by a health officer and shall state the reasons for each deviation. A health officer may require special well construction features as a condition for the issuance of a deviation and may require well construction features that are more stringent than these rules when deemed necessary to protect the groundwater quality or the public health. Reasons for the issuance of a deviation or special well construction features as a condition for the issuance of a deviation by a health officer shall be based upon any of the following factors: (a) Site hydrogeology. (b) Site topography. (c) Site dimensions. (d) Soil characteristics. (e) Depth of well. (f) Type of well. (g) Well pumping rate. (h) Well drilling method. (i) Distance from contamination sources. (j) Presence of groundwater contamination. (k) Other similar factors.