2. Definitions & Clarifications

For the purposes of this manual the term “annulus” has the same meaning as annular space.

An “aquifer” is not dependent on the yield of water from a well. Instead, an “aquifer” is determined by its ability to transmit enough water into a particular well that yields a sufficient quantity for the user.

Subsection 2 (1) of the Ontario Labour Mobility Act, 2009, S.O. 2009, c. 24 states:

“authorizing certificate”, in relation to an occupation, means,

1. a certificate, licence, registration, or other form of official recognition, granted by a regulatory authority to an individual, which attests to the individual being qualified to practice the occupation and authorizes the individual to practice the occupation, use a title or designation relating to the occupation, or both, or
2. a certificate, licence, registration, or other form of official recognition, granted by a regulatory authority to an individual, which attests to the individual being qualified to practise the occupation but does not authorize the practice of the occupation or the use of a title or designation relating to the occupation, if the occupation and the regulatory authority granting the certificate, licence, registration or other form of official recognition respecting the occupation are prescribed for the purpose of this clause.

1. the solid rock underlying unconsolidated material such as gravel, sand, silt and clay, or
2. solid rock that is exposed at the ground surface.

This excludes glacial erratics or boulders as they are loose and unstratified and considered to be overburden.

In Ontario, overburden is generally underlain by bedrock.

A commercially produced sealing material to be used in well construction or abandonment that,

1. consists of more than 50 percent sodium montmorillonite by weight,
2. has the ability to swell in the presence of water,
3. does not provide nutrients for bacteria, and
4. does not impair the quality of water with which it comes in contact.

An alteration includes the installation of a pump and associated pumping equipment in or connected to a well.

Well abandonment is not considered to be well construction (see the description for “Well Abandonment” in Table 2-3)

A well that is not used or intended for use as a source of water for agriculture or human consumption and that is made:

1. to lower or control the level of groundwater in the area of the well, or
2. to remove materials that may be in the groundwater.

Removal of materials could include a pump and treat well system that is removing contaminated groundwater from an aquifer.

Subsection 5(1) of the Ontario Water Resources Act for the purposes of the Wells Regulation.

With respect to a well,

1. routine repair or maintenance,
2. the installation of monitoring, sampling or testing equipment, other than equipment used to test the yield of the well or the aquifer,
3. the installation of a pump in a test hole, or
4. the installation of a well cap or watertight well cover.

See the description for “Routine Repair” in Table 2-3.

Subsection 1(1) of the Ontario Water Resources Act

Subsection 1(1) of the Environmental Protection Act states:

• “natural environment” means the air, land and water, or any combination or part thereof, of the Province of Ontario.

Section 2 of the Environmental Protection Act states:

• A contaminant that is discharged into the air within a building or structure as a result of the discharge of the same or another contaminant in another building or structure shall be deemed to be discharged into the natural environment by the owner or the person who has the charge, management or control of the contaminant discharged in the other building or structure.

Subsection 2 (1) of the Ontario Labour Mobility Act, 2009, S.O. 2009, c. 24 states:

“occupation” means a set of jobs which, with some variation, are similar in their main tasks or duties or in the type of work performed

Subsection 2 (1) of the Ontario Labour Mobility Act, 2009, S.O. 2009, c. 24 states:

“out-of-province regulatory authority” means a regulatory authority that is authorized to certify individuals in an occupation under an Act of Canada or of a province or territory of Canada that is a party to the Agreement on Internal Trade, other than Ontario

Subsection 1(1) of the Ontario Water Resources Act

Subsection 5(3) of the Ontario Water Resources Act for the purposes of the Wells Regulation.

Subsection 1(1) of the Wells Regulation

Equipment includes any equipment installed into or onto a well that is integral to the pumping of the well water.

Associated pumping equipment can include:

• all the parts of a pump installed in a well
• waterlines (sometimes called lateral pipes and drop pipes) and their associated parts in or attached to the well
• pitless adapters and pitless units
• sanitary well seals, and
• electrical lines to operate a pump.

In some cases if a pump part is attached to the well cap or cover, the well cap or cover could also be associated pumping equipment.

Subsection 2 (1) of the Ontario Labour Mobility Act, 2009, S.O. 2009, c. 24 states:

“regulated occupation” means an occupation for which an Ontario regulatory authority is authorized, under an Act set out opposite the Ontario regulatory authority in Column 2 of Table 2-1, to grant a specific authorizing certificate to an individual.

1. a person who belongs to a class of persons prescribed by the regulations and who holds or is required to hold,
   1. an approval, licence or permit under this Act, or
   2. a certificate of approval, provisional certificate of approval, certificate of property use, licence or permit under the Environmental Protection Act, or
2. a corporation that belongs to a class of corporations prescribed by the regulations.

1. a slurry consisting of clean water and at least 20 percent bentonite solids by weight, or
2. other material that is equivalent to a slurry described in clause (a) with respect to the ability to form a permanent watertight barrier.

Subsection 1(1) of the Wells Regulation

For the purposes of this manual the term “grout” has the same meaning as suitable sealant.

See definitions of “Clean” and “Watertight”, in Table 2-3.

An approved material for sealant has to be a material that can provide as much of a permanent watertight barrier as the approved bentonite mixture in the environment the sealant will be used.

In problematic environments where bentonite is not sufficiently watertight, the definition of sealant could allow for other materials to be sands or gravels in a well’s annular space. However, the annular space must be sealed with a material that prevents any movement of water, natural gas, contaminants or other material between the subsurface formations, aquifers and/or ground surface and performs like (a) in a non-problematic environment.

In this case, other material could include but is not limited to:

• concrete or cement slurry
• a layer or layers of concrete or cement with layers of clays, silts, sands, gravels, or other materials
• a layer or layers of clays, silts, sands, gravels and drill cuttings and /or
• a mechanical device such as a neoprene packer.

If the material is something other than a slurry consisting of clean water and at least 20 percent bentonite solids by weight, the material must form a watertight barrier that is equivalent to the bentonite/water slurry at the time the bentonite/slurry mixture is fully cured.

Subsection 1(1) of the Wells Regulation

In equilibrium with the atmosphere.

Also requires that no water is being added to the well

Subsection 1(1) of the Wells Regulation

For the purposes of this manual the term “grout” has the same meaning as suitable sealant.

Also see “Sealant” and “Bentonite” in Table 2-1.

A well that,

1. is made to test or to obtain information in respect of groundwater or an aquifer, and
2. is not used or intended for use as a source of water for agriculture or human consumption.

Subsection 1(1) of the Wells Regulation

See the Records of Site Condition regulation definitions of “Test Hole” and “Monitoring Well”, in Table 2-2. These definitions apply to phase one and phase two environmental site assessments conducted under the Records of Site Condition regulation.

For further clarification see the term “well” below in Table 2-1.

Subsection 1(1) of the Wells Regulation

When used, a tremie pipe includes a float shoe or other similar devices if they are used to conduct material to the bottom of a hole.

For clarification with respect to a tremie pipe, a pipe or tube means a long, hollow cylinder.

Subsection 1(1) of the Ontario Water Resources Act

There are three parts to the definition:

1. a hole used to locate or obtain groundwater is a well
2. a hole to test or obtain information with respect to groundwater or an aquifer is a well
3. a spring (natural groundwater discharge at ground surface) where works or equipment are installed and where the water will, or is likely to be used for human consumption is a well.

The Wells Regulation exempts certain types of wells. The exempt wells are: trench, pond, ditch, reservoir, lagoon, artificial wetland, canal, tile drain and wick drain. See descriptions of these terms in Table 2-3.

If a hole is advanced or excavated to test or obtain information with respect to an aquifer or groundwater but the hole does not locate groundwater (i.e., a dry hole), the hole is still considered a well.

If a hole is made for the sole purpose of overburden and bedrock observations, with no direct or indirect observations regarding the presence or absence of any groundwater information, the hole is not a well.

If a hole is made below a surface water body for the sole purpose of sediment, overburden and bedrock observations, the hole is not a well.

When dealing with earth energy (geothermal) systems it is important to consider the following:

• In an earth energy (geothermal) system identified as an open loop system or an aquifer thermal energy storage system, groundwater is usually taken from a hole into a heat exchanger or heat pump. This hole meets the definition of a “well.”
• If water is discharged back from the heat exchanger or pump to the aquifer through another hole, then the hole is considered a “well.” Sometimes the same hole is used to take groundwater and discharge water back into the aquifer in an open loop system. This hole meets the definition of a “well.”
• In a closed loop or direct exchange system, the hole is a “well” if a person conducts a test (including a short duration pumping test or hydraulic conductivity test) on the groundwater in the hole or if the hole is used to locate groundwater, or obtain information about the groundwater or an aquifer before it is used to install the pipes. In some cases, a test may include a small pumping test to determine if the rate of groundwater flow during drilling or development will exceed 50,000 Litre per day and to ensure compliance with the Permit To Take Water requirements found in section 34 of the Ontario Water Resources Act.
• Some earth energy (geothermal) closed loop systems use groundwater to transfer (i.e., conduct) energy to and from the transfer fluid. If the person is looking for, or obtaining information about, groundwater in the holes, for these systems, then the holes are considered “wells.”
• For further information on earth energy (geothermal) systems, please see the technical bulletin titled: Constructing Earth Energy Systems in Ontario on the Government of Ontario website.

Subsection 16.4 (1) of the Wells Regulation prescribes the circumstances that allows for a person to complete one well record for an entire group of test holes or dewatering wells (cluster of wells) instead of a separate well record for each individual test hole or dewatering well.

According to subsection 16.4 (1) of the Wells Regulation, one well record can be completed for a cluster of test holes or dewatering wells if all of the following circumstances exist:

• Every well in the group is a test hole or dewatering well.
• Every well in the group is located,
  • on the same property as another well in the group,
  • on a property that is adjacent to a property on which another well in the group is located, or that would be adjacent but for a road between the two properties, or
  • on a property that has only one or two intervening properties between it and a property on which another well in the group is located.
• The structural stage of every well in the group is complete or, if the wells are being constructed in phases, the structural stage of every well in the relevant phase of construction is complete.
• Each owner of land on which a well in the group is situated has given written consent to the use of a single well record for the group and the well record states that all the required consents have been given.

According to subsection 16.4(2) of the Wells Regulation, the following rules apply to determine the number of intervening properties between two properties on which test holes or dewatering wells are located:

• The number of intervening properties shall be determined along a straight line joining the two wells.
• If the straight line mentioned crosses a road, the road shall not be counted as an intervening property, unless one or both of the two wells is located on or inside the boundaries of the road.
• If part of the straight line is on or within the boundaries of a road, the number of intervening properties shall be determined with reference to the properties adjacent to that portion of the road, on the side of the road that has fewer properties.

Also see "Property" and “Intervening Property” in Table 2-3 (below) and Chapter 15: Well Records, Documentation, Reporting & Tagging for well cluster scenarios and completing cluster well records.

Subsection 35(1) of the Ontario Water Resources Act

A licence issued by the Director that authorizes the holder to engage in the business of constructing wells.

See Chapter 4: Well Contractors & Well Technicians – Licences, Responsibilities & Exemptions.

A well technician licence is a licence of a prescribed class issued by the Director that authorizes the holder to work at the construction of wells.

There are five different classes of well technician licences each authorizing different well construction activities.

See Chapter 4: Well Contractors & Well Technicians – Licences, Responsibilities & Exemptions.

Subsection 1(1) of the Wells Regulation

This means all three types of person; owner of the land, tenant/lessee and well purchaser. In some cases, multiple parties are responsible for maintaining or abandoning a well.

Can mean an individual or individuals including corporations.

Obligations of the person constructing the well to the well owner are to:

• notify of mineralized water and natural gas occurrences, and
• provide with well record.

Obligations of the well owner are to:

• maintain the well as required,
• abandon the well where required, and
• provide written consent where required (e.g., during disinfection).

Subsection 1(1) the Wells Regulation

A well purchaser is not a person constructing a well.

Can mean an individual or individuals including corporations.

Obligations of the person constructing the well to the well purchaser are to:

• notify of mineralized water and natural gas occurrences,
• provide with well record,
• provide with an information package,
• provide with a one litre water sample where required, and
• measure the depth of the well where required.

Obligations of the well purchaser are to:

• maintain well as required,
• abandon well where required, and
• provide written consent where required (e.g., during disinfection).

Typically, well screens for drilled wells are manufactured with specific slot sizes to prevent the formation’s materials from entering the well.

Persons constructing wells can slot or perforate casings to create well screens or install concrete casings with unsealed joints to create well screens.

For new well construction, where the person uses concrete tiles as well casing and well screen, the well screen begins at the first unsealed joint in the concrete tiles and ends either at the bottom of the unsealed concrete tiles or any gravel or sand installed below the tiles in the excavated hole.

A well’s structural stage is complete on the day on which the well is capable of being used for the purpose for which it was constructed but for,

1. compliance with section 15;
2. the installation of a pump; or
3. any alterations necessary to accommodate pumping, monitoring, sampling, testing or water treatment equipment.

Subsection 1(3) of the Wells Regulation

By the time the well is ready to be used, except for the installation of the pump and disinfection, the person constructing the well must, unless exempt, have met certain obligations, such as the:

• well has been developed,
• well yield has been tested, and
• well tag has been affixed to the well in accordance with the Wells Regulation.

On completion of the well’s structural stage, the person constructing the well must, unless exempt, meet the well record completion requirements.

If a well is being altered (other than a minor alteration or pump installation), such as installing a liner or casing sleeve in a well, the well has been structurally disabled and cannot be used for the purpose for which it was constructed. After the alteration has been completed on the well, the well is again capable of being used for the purpose for which it was constructed. A person must then disinfect the well (see Chapter 10: Test Hole & Dewatering Well Exemption & Recommended Activity: Disinfection) and complete a well record (see Chapter 15: Well Records, Documentation, Reporting & Tagging).

This term does not apply to well abandonment because the well is not capable of being used after it has been properly plugged and sealed.

Means any of the following:

1. An area reserved or set apart as a provincial park or conservation reserve under the Provincial Parks and Conservation Reserves Act, 2006.
2. An area of natural and scientific interest (life science or earth science) identified by the Ministry of Natural Resources and Forestry as having provincial significance.
3. A wetland identified by the Ministry of Natural Resources and Forestry as having provincial significance.
4. An area designated by a municipality in its official plan as environmentally significant, however expressed, including designations of areas as environmentally sensitive, as being of environmental concern and as being ecologically significant.
5. An area designated as an escarpment natural area or an escarpment protection area by the Niagara Escarpment Plan under the Niagara Escarpment Planning and Development Act.
6. An area identified by the Ministry of Natural Resources and Forestry as significant habitat of a threatened or endangered species.
7. An area which is habitat of a species that is classified under section 7 of the Endangered Species Act, 2007 as a threatened or endangered species.
8. Property within an area designated as a natural core area or natural linkage area within the area to which the Oak Ridges Moraine Conservation Plan under the Oak Ridges Moraine Conservation Act, 2001 applies.
9. An area set apart as a wilderness area under the Wilderness Areas Act.

Means the area on, in or under a phase one property where one or more contaminants are potentially present, as determined through the phase one environmental site assessment, including through,

1. identification of past or present uses on, in or under the phase one property, and
2. identification of potentially contaminating activity.

Subsection 22(1) of the Records of Site Condition regulation (O. Reg. 153/04).

Starting on July 1, 2011, O. Reg. 153/04 prescribes that the provisions of the Ontario Water Resources Act and of Regulation 903 of the Revised Regulations of Ontario, 1990 (Wells) made under that Act, that would apply to a test hole but for section 1.1, and subsections 13 (2), 14.1 (2), 14.2 (3), 14.3 (2), 14.4 (4) and 14.5 (3) of that regulation, apply to a monitoring well installed for the purpose of a phase one environmental site assessment and a phase two environmental site assessment (ESA).

As an example, a monitoring well installed for a phase two ESA completed under the Records of Site Condition regulation cannot be constructed as a “shallow works”.

Chapters 3: Exemptions: Wells, Activities & Experienced Professional, Chapter 6: Constructing the Hole, Casing & Covering the Test Hole & Dewatering Well and Chapter 7: Annular Space & Sealing provides further information.

See the definition of “Test Hole” and “Well” in Table 2-1.

Means an assessment of property conducted in accordance with the regulations by or under the supervision of a qualified person to determine the likelihood that one or more contaminants have affected any land or water on, in or under the property.

The general objectives of a phase one environmental site assessment are to do the following:

To develop a preliminary determination of the likelihood that one or more contaminants have affected any land or water on, in or under the phase one property.

To determine the need for a phase two environmental site assessment.

To provide a basis for carrying out any phase two environmental site assessment required.

To provide adequate preliminary information about environmental conditions in the land or water on, in or under the phase one property for the conduct of a risk assessment following completion of a phase two environmental site assessment.

Definition from section 168.1 of the Environmental Protection Act.

The general objectives below are based on section 24 of the Records of Site Condition regulation (O. Reg. 153/04).

A phase one environmental site assessment must be conducted in accordance with Part VII and the requirements set out in Schedule D of O. Reg. 153/04.

Means an assessment of property conducted in accordance with the regulations by or under the supervision of a qualified person to determine the location and concentration of one or more contaminants in the land or water on, in or under the property.

The general objectives of a phase two environmental site assessment are to do the following:

To determine the location and concentration of contaminants in the land or water on, in or under the phase two property.

To obtain information about environmental conditions in the land or water on, in or under the phase two property necessary to undertake a risk assessment, in accordance with this Regulation, with respect to one or more contaminants of concern.

To determine if applicable site condition standards and standards specified in a risk assessment for contaminants on, in or under the phase two property were met as of the certification date.

Definition from section 168.1 of the Environmental Protection Act.

The general objectives below are based on subsection 33.1(1) of the Records of Site Condition regulation (O. Reg. 153/04).

A phase two environmental site assessment must be conducted in accordance with Part VIII and the requirements set out in Schedule E of (O. Reg. 153/04).

1. A person referred to in (2) below meets the qualifications to be a qualified person for the purposes of,
   • conducting or supervising a phase one environmental site assessment;
   • conducting or supervising a phase two environmental site assessment; and
   • completing the certifications that must be completed by a qualified person in a record of site condition in respect of a property. O. Reg. 66/08, s. 2.
2. A person meets the qualifications to be a qualified person for the purposes of (1) above if,
   • the person holds a licence, limited licence or temporary licence under the Professional Engineers Act; or
   • the person holds a certificate of registration under the Professional Geoscientists Act, 2000 and is a practicing member, temporary member or limited member of the Association of Professional Geoscientists of Ontario. O. Reg. 66/08, s. 2.

This description is based on section 5 of the Records of Site Condition regulation (O. Reg. 153/04)

This does not apply to a qualified person who conducts a risk assessment under section 168.1 of the Environmental Protection Act

Subsection 22(1) of the Records of Site Condition regulation (O. Reg. 153/04). This definition is added to the regulation on July 1, 2011.

See the definition of “Test Hole” and “Well” in Table 2-1.

“Agriculture” includes farming in all its branches, including dairying, beekeeping, aquaculture, silviculture and horticulture.

Agriculture includes the raising of livestock including non-traditional livestock, furbearing animals and poultry, the production, cultivation, growing and harvesting of agricultural commodities, including eggs, maple products, mushrooms and tobacco, and includes any practices performed as an integral part of an agricultural operation.

The Nutrient Management Act also provides a definition for the term “agricultural operation.” An “agricultural operation” includes:

• Draining, irrigating or cultivating of land
• Growing, producing or raising farm animals
• The production of agricultural crops including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass
• The production of eggs, cream and milk
• The operation of agricultural machinery and equipment
• Ground and aerial spraying
• The management of materials containing nutrients for farm purposes
• The processing by a farmer of the products produced primarily from the farmer’s agricultural operation
• Activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles for the purposes of the agricultural operation
• Any other agricultural activity prescribed by the regulations under the Nutrient Management Act, conducted on, in or over agricultural land.

Includes human-made permanently or intermittently wet areas, shallow water, and land water margins that support an ecosystem of plants and animals that are adapted to wet conditions.

The word “clean” is used in different contexts in the regulation.

With respect to equipment, clean means all visible dirt, debris and material have been removed.

With respect to water, “clean” means water that will not interfere with the reaction to make a bentonite, concrete or cement slurry as recommended by the manufacturer and will not impair the well water.

With respect to sand and gravel material, clean means that it should at least:

• be washed with clean water to remove finer textured material, and
• not cause an impairment of the well water.

When installing any type of equipment in a well, it is a best management practice that the equipment is not only clean but also disinfected.

When installing clean sand or gravel, it is a best management practice to meet the parameter concentrations of Table 1 in Soil, Groundwater and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act April 15, 2011^{footnote 1[1]}. The document is available at Ontario.ca.

As it refers to well water, “clear” means that all debris, including well cuttings and drilling fluids, have been removed from the well and well water; and the water is transparent or unclouded.

This does not mean without any naturally occurring colour associated with the well water.

As guidance and for the consideration of the person installing a well, ”contaminant” means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that causes or may cause an adverse effect. [As per Environmental Protection Act, R.S.O. 1990. c. E 19 (EPA), s.1]

"Source of contaminant" means anything that discharges into the natural environment any contaminant [As per the Environmental Protection Act, R.S.O., 1990, c E 19 (EPA) ss 1(1)].

Source of contaminants means the actual source of the contamination and not the pathway that a plume of contaminants would take from the source through the overburden and/or bedrock. Assessing and determining potential sources of contaminants that fit the definition of source of contaminants is dealt with on a case by case basis.

A source of contaminants list may include but is not limited to:

• All components of a sewage system under the Building Code Act or Environmental Protection Act
• A farm animal feed lot
• An animal manure pile
• A barn and barnyard
• A lagoon
• An underground or above ground storage tank and lines that are designed to hold and move petroleum hydrocarbons, volatile organic compounds, polychlorinated biphenyls, phenols and other organic chemicals
• An open or closed hazardous or non hazardous landfill or dump
• A sewer line
• A pond
• Fertilizers, pesticides, herbicides storage and other chemical storage areas
• Liquid or solid waste transfer facilities
• Sewage sludge and biosolid waste spreading and irrigation sites.
• Winter sand and salt storage facilities.

Also see “Contaminant” in Table 2-3.

To help determine if the site has an area that is considered a contaminated area, a person constructing a shallow works should:

• review previous hydrogeological and geological reports for the site,
• assess the formations, and
• use the Guideline titled Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act^{footnote 2[2]}.

For further information on shallow works, see Chapter 3: Exemptions: Wells, Activities & Experienced Professionals.

In determining whether a roadway is a contaminated area, a person constructing a well should consider Regulation 339 as amended made under the Environmental Protection Act. Section 2 of Regulation 339 provides:

• Where any substance in or on the ground that was used on a highway by the Crown as represented by the Minister of Transportation or any road authority or any agent or employee of any of them for the purpose of keeping the highway safe for traffic under conditions of snow or ice or both is a contaminant, it is classified and is exempt from the Environmental Protection Act and the regulation.

Substances exempted by Regulation 339 and used as specified in that regulation do not create a contaminated area for the purposes of the shallow works exemption.

Salt storage domes or spills of salt are not captured by the above exemption.

The inner casing, or casings, can extend above the top of outer casing or can extend below the bottom of the outer casing.

The annular space between the casings in a new well must be sealed with suitable sealant to prevent the entry of surface water and other foreign materials.

Driven point construction method means a method that uses a solid point or cone that is driven into the ground. This does not include a cutting shoe unless a solid point is installed on an inner rod. This method is not machinery specific.

For example, the type of machinery that can be used to drive the solid point or cone into the ground can include direct push technology, rotary, percussion, pneumatic hammers, sonic, non-powered manual methods, and cone penetration testing equipment.

The equipment referred to in the column to the left includes equipment used to measure the water levels in the well during and immediately after a yield or pumping test. Examples of water level measuring equipment include:

• A pressure transducer and datalogger system,
• An electrical water level device,
• An air line to measure water levels.

Flow meters used to measure the rate of water during the test are also considered equipment used to test the yield of the well.

This term does not include water level measurement devices, sampling devices or pumps that are installed for purposes other than testing the yield of the well.

Certain sections of the Wells Regulation dealing with licensing and exemptions refer to this term.

See the description of “Well Yield” in Table 2-3.

See the description of “Well Pit” in Table 2-3.

The document is available on Ontario.ca.

The number of intervening properties is a key concept related to when test holes and dewatering wells may be reported on one well record (i.e., well cluster) in accordance with the Wells Regulation.

When counting intervening properties for well cluster scenarios, the following apply:

If the straight line crosses a road, the road is not counted as an intervening property, unless one or both of the wells is/are located on or inside the boundaries of the road.

If part of the straight line is on or within the boundaries of a road, the number of intervening properties must be determined with reference to the properties adjacent to that portion of the road, on the side of the road that has fewer properties.

See the description of “property” in Table 2-3.

For further information, see Figure 15-2 to Figure 15-8 in Chapter 15: Well Records, Documentation, Reporting & Tagging.

For clarification purposes, “mineral exploration” is defined in Ontario Regulation 504/95 (Exemption – Prospectors) made under the Environmental Protection Act, R.S.O. 1990, c. E.19

“Mineral exploration” means prospecting, staking or exploration for minerals and any activities related to prospecting, staking or exploration for minerals, and includes advanced exploration as defined in Part VII of the Mining Act.

For further clarification, the Mining Act, R.S.O. 1990, c M. 14 defines:

“Minerals” means all naturally occurring metallic and non-metallic minerals, including coal, salt, quarry and pit material, gold, silver and all rare and precious minerals and metals, but does not include sand, gravel, peat, gas or oil.

If any natural gas is observed by smell, feel or vision or detected by a meter at any concentration, the gas must be reported to the Director (Spills Action Centre at Toll-free: 1-800-268-6060), the well purchaser and the well owner as prescribed in the Wells Regulation.

If the release or discharge of the natural gas or other gas causes, or may cause, an adverse effect to the natural environment, section 15 of the Environmental Protection Act requires the person constructing the well to report the release to the Spills Action Centre (Toll-free: 1-800-268-6060).

In the case of a well that must be immediately abandoned, the person abandoning the well is one of the following:

• the person who has discontinued the construction of a new well prior to the completion of its structural stage
• the well purchaser of a new well that is dry

• the well owner of a well that:

  • is not in use or being maintained for future use as a well,
  • is producing water that is mineralized or not potable (not applicable to test holes or dewatering wells),
  • contains natural gas or other gas,
  • permits the movement of materials including natural gas and contaminants and the movement may impair the quality of the waters, or
  • is constructed in contravention of the Wells Regulation requirements for location, methods, materials or standards and measures taken to rectify the problem have failed.

The recommended pumping rate will reflect the efficiency of the well screen (if present), the development of the well and the nature of the formation (aquifer) and should allow for a sufficient safety margin.

The recommended pumping rate should be calculated to prevent water shortages and formation collapse around a well screen.

The person conducting the well yield test must report the recommended pumping rate on the well record.

An example of routine maintenance may be removing the well cap and verifying the condition of the casing and pump waterline annually.

The following are examples of activities that are not considered to be routine repairs or maintenance:

• Adding a well casing extension.
• Cutting casing.
• Adding a flush mounted well pit (vault).
• Deepening a well.
• Replacing a casing.
• Installing a well screen in a well.
• Pulling a pump and/or a waterline from a water supply well and re-installing the equipment in the well.
• Changing a pitless adapter attached to well casing.
• Installing a pump in a dewatering well.
• Measuring water levels in a well with a water level meter while performing a constant rate, step pumping test in the same or another well.
• Using equipment in the redevelopment or rehabilitation of an existing well, such as during hydraulic fracturing.

See the definition of “Minor Alteration” in Table 2-1.

A shallow works is exempt from s. 36 to 50 of the Ontario Water Resources Act and the Wells Regulation unless it:

• is constructed in a contaminated area,
• is constructed in an area with conditions likely to result in flowing wells, or
• penetrates through a formation that is not an aquifer.

Despite the shallow works exemption, the person constructing the test hole or dewatering well must follow sections 1.1(2) – (6) apply.

See the description of “Contaminated Area or Site” and “Contaminant”, in Table 2-3.

For example, a person who does not properly cover the well and leaves the well site is considered to have left the well unattended. Leaving the well site can include leaving the property, working on another well while not being present at the original well or not being in control of the well site.

A person who leaves the well site after installing monitoring or sampling equipment in a well is leaving the well unattended. If the well equipment is left unattended, the relevant licensing and the Wells Regulation exemptions cease to apply.

The location of a well screen and installed sand or gravel material beside and below the well screen is considered the water intake zone of a well.

Some wells are constructed with casing into overburden deposits. The bottom of the casing is completely open. Sometimes coarse material such as gravel or sand is placed below the open casing which is typical of large diameter dug and bored wells. In this type of well construction, any installed sand and gravel below the well and the open bottom area of the well casing is considered to be the water intake zone.

In other situations, wells are constructed with casing into bedrock deposits. In many cases, the hole below the casing is open in the bedrock (this portion is typically referred to as “open hole”). In these environments, the bedrock will typically be sufficiently strong to prevent the formation from collapsing into the open hole. The open hole is designed to intersect one or more groundwater bearing bedrock fractures that will supply groundwater to the well. Thus, the entire open portion of the well below the well casing is considered a water intake zone.

The meaning of “water producing zone” can be different depending on the well construction and the formation. The following can be considered a water producing zone:

• A well screen
• A water intake zone at the bottom of an open well casing completed into an overburden formation
• A bored well using concrete tiles with unsealed joints may encounter groundwater in two separate formations separated by a confining formation. Both groundwater producing formations are considered two separate water producing zones in the well.
• A groundwater bearing fracture intersected by the well where a well is constructed as an open hole in the bedrock.

Watertight means closely sealed, fastened or fitted so as to prevent the passage of water. A person should not be able to observe water movement through a joint, seam, seal or material using an appropriate performance test for the material.

In the case of a watertight connection, well cover or flush mounted cover, “watertight” means a person cannot visually observe water or other foreign materials leaking or moving through any portion including the joint of the cover or connection.

See “Sealant” in Table 2-1 for further clarification on watertight materials.

Most pipe is taper threaded with a rubber gasket to provide watertight joints.

A method, such as surging or blowing, used to do the following:

• Remove any water or drilling fluid introduced during well construction,
• Stabilize the filter pack and formation material around the well screen,
• Minimize the amount of fine grained material entering the well, and
• Improve the well efficiency and inflow of water into the well.

During the plugging and sealing of a well, the entire well opening must be filled with bentonite chips, pellets, granules or powder to a thickness of 0.5 to 1.5 metres. The remainder of the well opening must be filled with soil cover or other material more in keeping with the surface material immediately adjacent to the well opening, to prevent inadvertent or unauthorized access.

Requirements for filling a "well opening" are found in Chapter 17: Abandonment - How to Plug and Seal Test Holes & Dewatering Wells

An enclosed structure located at and below the ground surface that houses the top of the well and any associated pumping equipment.

The well pit:

• Protects the well from outside environmental conditions such as the prevention of waterline freezing, surface water runoff and other foreign materials, and
• Allows access to the well from the ground surface for well and pumping system maintenance.

Includes a flush-mounted well pit (vault).

For further information on the term “flush-mounted well pit (vault)” see the Glossary.

See Chapter 12: Equipment Installation See “Flush-Mounted Watertight Commercially Manufactured Well Cover” in Table 2-3.