10 CSR 23-3.025 Public Water Supply-Notification to Division PURPOSE: This rule establishes requirements regarding notification by a public water supplier to the division when a well is to be abandoned in order to connect a structure to a public water supply system.

(1) Public water supplier notification requirements concerning abandoned wells (as stated in section 256.628, RSMo).

(A) A public water supplier subject to the provisions of Chapter 640, RSMo which connects to any structure or location previously serviced by any well which is not that of another public water supplier shall notify the well owner of his/her obligation to plug any abandoned well pursuant to the requirements of section 256.628, RSMo. The public water supplier shall not connect any person to the public water system until the person submits information which identifies the location of wells and attests that-

1. Existing well will remain in use and will be properly plugged when no longer used;
2. Known abandoned wells on the property have been plugged;
3. There are no known abandoned wells on the property; or
4. Any abandoned wells will be plugged within ninety (90) days.

(B) The public water supplier shall submit a copy of information to the division within sixty (60) days of connection on forms provided by the division, along with sufficient information to enable the division to locate existing and abandoned wells. The division shall inspect, within a reasonable time, any well identified in paragraph (1)(A)4. of this rule. If the division determines that an abandoned well has not been plugged, it shall order the owner to have it plugged by a permitted well installation contractor or permitted pump installation contractor within thirty (30) days. The division shall immediately seek injunctive relief through the office of the prosecuting attorney of the county where the alleged violation occurred to enforce its order and shall notify the appropriate public water supplier who shall terminate water service to the property thirty (30) days after receipt of notice if the well has not been plugged. Any person who fails to plug an abandoned well pursuant to the provisions of this subsection shall be subject, upon conviction, to the penalties specified in section 256.637, RSMo.

AUTHORITY: sections 256.606 and 256.628, RSMo Supp. 1991.* Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed July 13, 1994, effective Jan. 29, 1995.
*Original authority: 256.606, RSMo 1991 and 256.628, RSMo 1991.

MO Dept. of Natural Resources: CODE OF STATE REGULATIONS - Matt Blunt (11/30/01) Secretary of State

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