1. Protecting Domestic Users of Nonpublic Water Wells
Elizabeth Ablah, PhD, MPH

2. Long-Term Goal
Ensure safe water supplies for domestic well owners

3. Need for Nonpublic Water Well Policies in Kansas

4. Public Water In Kansas, public water supplies are defined as a:
"system for delivery to the public of piped water for human consumption that has at least 10 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.”
(Kansas Statutes Annotated (K.S.A.) a
and Kansas Administrative Regulations (K.A.R.) 28-15a-2)
We are evaluating non-public water wells

5. Nonpublic Drinking Water Wells

6. Nonpublic Wells
Approximately 1 in 6 US households rely on private water supplies, such as wells, for drinking water.1
Regulations to protect public water supplies (Safe Drinking Water Act) do not apply to domestic water wells.2-3

7. Kansas Water Well Database

8. Water Well Potential Contamination Sources
Different sources of contamination of nonpublic water well water that different policies can impact include:
Broad-scale background contaminants impacting large areas of the aquifer;
Point source contamination causing a contamination plume impacting an area or region in a path from a source of pollution, such as contamination from an industrial source (mine, dry cleaner) or agricultural operation (concentrated animal feedlot); and
Contamination from localized sources of contamination impacting very small area or an individual nonpublic well, such as a well contaminated from a private wastewater treatment operation or personal livestock.

9. Contamination Threats
Water wells are subject to several types of contamination, through poor well construction or location, or from chemical compounds:
Malfunctioning wastewater treatment systems (e.g., sewer overflows)
Local land use practices (e.g., pesticides, chemicals, animal feeding operations)
Naturally-occurring chemicals and minerals (e.g., arsenic, radon)
Industrial

10. Contaminants
Studies in Pennsylvania, Wisconsin, and the USGS have revealed contamination from at least one substance in 38% to 47% of domestic water wells.7-9
There are minimal protections in place for domestic water well owners to protect their own wells from an array of potential contaminants.
Wichita does

11. Several Contaminated Sites in Wichita Area
Gilbert Mosley
North Industrial Corridor
Haysville
57th & N. Broadway
Four Seasons Dry Cleaners

13. Methods
Members of the Kansas Environmental Health Association (KEHA) were asked to complete a survey.
Respondents were provided an opportunity to complete the survey:
in person at spring conference (April 2016) or
via an online survey in (July 2016)

14. Respondents
Of the 61 potential respondents, 50 completed the survey, a 82% response rate.
64% completed at the meeting
36% completed online
Respondents were most likely to report serving a county (42%) or city (14%).

15. When Inspect Wells
24% do not inspect private wells, 2% report not knowing

16. When Collect Samples

17. Analysis Capabilities

18. Discussion
Some are unable to sample or analyze for bacteria and nitrates.
Infrequent sampling for VOCs, pesticides, arsenic, and hardness.
The lack of comprehensive and standardized sampling procedures and policies in Kansas is consistent with other states.10

19. Conclusions
Important gaps in Kansas’ water well procedures and policies.
The patchwork approach of local sampling procedures contributes to a lack of standardization for water well sampling and analysis for private well owners in Kansas.

20. Our Team
University of Kansas School of Medicine-Wichita
Public Health Law Center
Funding for this project has been provided by the Kansas Health Foundation.

21. Methods
We seek to identify and enhance public health policies within Kansas that protect domestic nonpublic water well users.

22. Reviewed of all Kansas county sanitary codes and 23 city codes
Methods
Reviewed of all Kansas county sanitary codes and 23 city codes

23. Sampling of Promising Nonpublic Water Well Policies

24. Nonpublic Water Well Categories
Nonpublic – Applies to all water wells that do not meet federal or state public water source definition
Semipublic -Used inconsistently as a sub-category of nonpublic water wells; usually based on the number of service connections (2 to 9)
Private - Used inconsistently to distinguish between semipublic and those with fewer service connections

25. Nonpublic Water Well Definition1
Nonpublic water wells - all private, semi-public, and other designations of water wells that are not regulated as a public water supply under Kansas state law.
Any requirements in this code impacting nonpublic water wells used for domestic household purposes, but not including nonpublic water wells used exclusively for irrigation, shall apply, irrespective of number of service connections or other distinction.
This does not apply if the nonpublic water well has been properly plugged or is registered with KDHE as an inactive water well.
We propose combining private, semi-public (anything not regulated) = > classify them as nonpublic

26. Requirements for Property Owners When Constructing/Reconstructing Nonpublic Water Wells2
No person shall drill, develop, or construct any nonpublic water well on any premise subjected to regulations of this sanitary code until they have obtained a permit approved by the designated [Health Officer/Administrative Agency]. Permit requirements shall include specifications regarding reporting well construction, reconstruction or plugging activities.
A property owner must have a permit to construct or reconstruct a well

27. Permit Requirements for Construction or Reconstruction of Nonpublic Water Wells3
Inspect Site. Before issuing a permit to drill a nonpublic water well, and prior to authorizing the drilling of a well, the [Health Officer/Administrative Agency] shall inspect the proposed site for the well to ensure that it can be safely drilled and that it does not interfere with already existing city utilities or easements.
Well inspection. After the well is completed, but before it is put into use by the owner, a 2-part inspection is to be conducted by the Health Officer/Administrative Agency to ensure that: 1) the well meets physical structural requirements and 2) the well water meets established water quality requirements.
Site needs to be inspected before a well is permitted
Needs to be a 2 part inspection

28. Nonpublic Water Well Required 2 Part Inspection4
1) Physical inspection of well
Shall include, at a minimum, an inspection to assess the:
Proximity of the well to different sources of contamination (state minimum separation distance requirements); and
Physical integrity of the well structure to identify any structural deficiencies, including cracks, crumbling grout, soil erosion around well, standing water, and other concerns with the physical structure of the well

29. Nonpublic Water Well Required 2 Part Inspection4
2) Water quality sampling and analysis
Shall at least include:
Total coliform bacteria
Fecal coliform or e. coli bacteria
Nitrates
Pesticides and other organic chemicals
Lead and other metals (e.g., arsenic, mercury, cadmium)
Nuisance contaminants: chloride, copper, iron, manganese, sulfates, total dissolved solids (TDS) and zinc
pH, hardness, hydrogen sulfide, and salinity
Other contaminants, depending on local conditions

30. Triggering Events for Nonpublic Well Inspection and Water Sample/Analysis5
Well construction or reconstruction
When the physical integrity of the well is compromised (e.g. such as by a falling tree, vehicle collision, flood)
Putting an inactive well back into active status
Any property transaction (transfer of ownership, leasing or rental, or refinancing)
Environmental encroachment from nearby source of contamination
Flooding of wellhead
Occurrence of a waterborne disease outbreak
Other waterborne emergency, as determined by the Administrative Agency
Abandonment of any existing active or inactive water well
2 part inspection needs to occur after any of these triggering events

31. Requirement to Disconnect Existing Nonpublic Water Wells
Any existing water well shall cease to be used for domestic use if the [Administrative Agency/Health Officer] determines that:
the well is in a contaminated area, or
the cessation of use of the water well for personal use is in the best interest of public health, safety and welfare. 13
Requirement to disconnect if the well is in a contaminated area

32. Maintaining Records of Nonpublic Wells, Contact Information of Property Owners 15
Responsible local government agency/department shall maintain records of:
All active nonpublic water wells in jurisdiction and names/addresses of property owners
List and maps of active, abandoned, and inactive nonpublic water wells
Results of nonpublic water well 2-part inspections (physical well inspection and water quality sampling)
Triggering events and corresponding inspections of nonpublic water wells
Local government shall provide this information to KDHE. KDHE shall maintain these records in a statewide, publicly accessible database.
Local gov keeps records of nonpublic water wells + results of 2 part inspections
Will provide this info to KDHE, statewide database

33. Maintaining Records of Potential Sources of Groundwater Contamination16
[Responsible local government agency/department] shall maintain records and maps of potential sources of groundwater contamination, including:
private wastewater systems - dry cleaners
abandoned private wastewater systems - feedlots (CAFOs)
underground storage tanks - mining operations
injection wells - hazardous waste sites
petroleum exploration and fracking
other local and regional vulnerabilities
The local government shall provide this information to KDHE annually. KDHE shall maintain these records in a statewide database which shall be maintained on a publicly accessible website and available to the public on request.
Local gov maintains records and maps of potential sources of groundwater contamination
Provides data to KDHE annually

34. Questions? Elizabeth Ablah, PhD, MPH eablah@kumc.edu