Senate debates bill to regulate well drilling
HARRISBURG – The way residential water wells are drilled in Pennsylvania soon could change significantly. A controversial bill that would put new standards on the loosely regulated industry is making its way through the state Legislature.
The House overwhelmingly passed the bill in November. It’s now being debated in the Senate, where changes are expected.
It “will prevent minimally trained or uneducated drillers from constructing improperly drilled wells that could contaminate an entire community’s aquifer,” said the bill’s author, state Rep. Mary Ann Dailey (R-Montgomery County). “By requiring minimal statewide standards for the construction of residential water wells in Pennsylvania, this legislation not only protects our groundwater resources but also protects public health and safety.”
But, Rep. Peter J. Daley (D-California), who initially co-sponsored the measure, warns, “There are ticking time bombs in that bill.”
Daley withdrew his support for the bill this week after receiving complaints from several constituents.
“They believe this is going to be so onerous and constraining that it’s going to squeeze the living water right out of them,” said Daley, who promises to amend the bill before it becomes law.
The bill would establish location and construction standards for water wells and require companies and individuals drilling the wells to be properly licensed and certified. The proposed regulations would apply only to new residential water wells, not public water company or municipal authority wells.
Dailey said her legislation wouldn’t create exorbitant fees for people who build wells.
The standard well – about 300 feet deep – drilled to new construction standards may cost an additional $600, she estimates. About 60 percent of water-well drillers already use most of the basic water-well construction standards the bill would require, she said.
Under current law, which was enacted in 1955, an individual or company need only obtain a license from the state by paying a fee to operate. Well drillers aren’t required to pass any competency examination before they can drill wells.
Although a number of county and local governments already have adopted varying degrees of requirements for water-well construction, Dailey said her legislation would set statewide standards and thus clear up any confusion.
Daley said he supports stricter regulations for well drillers, but he’s concerned that legislation as it’s written will subvert well owners’ rights.
“I want to see landowners have the right to consent, or refuse, an inspection of their new wells, a clear prohibition on placing meters on wells or charging for well water use, an increase in money dedicated for well closing costs” and other measures added, he said.
Daley, who is Democratic chairman of the House Agriculture and Rural Affairs Committee, said he has enough support in the House to make those changes.
“It was railroaded through the House,” he said. “After people had a chance to really look at it, we found out there are ticking time bombs in that bill.”
But it might not come to that. A staffer working closely with the legislation predicted that significant changes would be made to the bill in the Senate before it’s passed. After the two chambers agree on a final version of the bill, the governor must sign it into law.