11 July 2003
David A. C.
Carroll, Director
Baltimore County
DEPRM
401 Bosley
Avenue
Towson, Maryland
21204
Re: Well Use
and New Well Construction in Baltimore County
and the Preservation
of 1st Order and Class III Streams
Dear Mr. Carroll:
We submit the
following recommendations to reduce well failures and water quality issues resulting from new residential developments in
the County’s R.C. Zones.
We believe
there is sufficient basis to make some changes to the County’s policies and regulations.
Our recommendations are based in part on discussions during the meeting in your office earlier this year – and
on interviews with new well owners, data recorded on problem wells and some hydrological studies.
We assume the
URDL and related services will not be extended in the 2nd or 3rd County Council Districts until after 2013, if at all. We understand bringing water and sewer service into the Chestnut Ridge Critical Yield
well areas and similar rural county communities would require a significant expenditure by the County. No new reservoirs are envisioned. A system of Water Towers
might even be a more practical solution as was suggested by a state director participating in the county sponsored rural strategies
work session last year.
Therefore,
we propose that DEPRM now include the following revisions in the County regulations and policies for wells in new and existing
residential developments:
1. New Wells should be dug and qualified prior to approval of development
plans. Soil maps are fairly accurate in predicting satisfactory septic
systems, yet little is really known about where groundwater exists until a well is actually drilled. Subdivision into individual lots should be allowed only after new wells are determined viable. DEPRM would then no longer be required to consider requests for waiving environmental regulations
or policies.
2. Three acre lot sizes should be the minimum required for new residential
lots with private wells and septic systems to insure adequate water quantity and good water quality and taste. New wells should be sited carefully. The additional
nitrogen loads from septic systems may damage out streams or impact down hill well water taste even though bacteria may not
be present. In addition, the new developments on R.C.5 lot sizes are impacting
our adequate public facilities, the schools and the rural roads.
3. One well per lot should be the limit. Digging wells for watering lawns should be banned. Digging
two wells on a new lot to meet the gallon a minute requirement should also be banned.
4. New Wells should be inspected by the Plumbing Inspection Division
before and during the drilling process to monitor the construction standards to insure an inventory of high quality new wells
for public health and safety. Construction quality review is needed to limit
new well failures and well purification system installations. Water treatment
companies should be required to obtain a permit to treat existing residential wells with salt products or other additives.
5. Hydro fracture should not be permitted to create or develop a new
well for a source of private water supply. This technique should only be permitted
as an emergency repair on existing owner occupied wells that have run dry.
6. New lots should have a delineated 10,000 sq. ft. well reserve area
set aside as each lot must sustain its own private water system for the foreseeable future.
7. No more than 4 new well attempts should be allowed when trying
to satisfy the well water requirements for a new lot. That is still a lot of
holes to leave capped that could allow groundwater contamination. Accurate records
are very difficult to maintain countywide and few people remember where any capped wells are located on their property..
8. New wells should be sited at least 30 feet from any driveway, 60
feet from any dwelling, and 100 feet from public roads to eliminate road salt and MTBE contamination -- and 200 feet from
neighboring wells to allow each well to recharge normally. No well should be
more than 1,000 feet deep to preclude possible contamination to deep water aquifers.
9. Five year well guarantees should be required for developers selling
or listing for sale any property in Baltimore County to protect unsuspecting
buyers from wells with hidden yield failures or contamination problems. Tests
for chemical toxins are not conducted on property previously used for farming. Currently
termite treated foundations require new wells to be drilled for older homes. Many
well owners do not report that a well ran dry or may have been contaminated during their ownership. Disclosure of this information should be required by law or a well quality guarantee be required to be
included as part of a property sale. Waiver of this regulation should not be
allowed.
10. Abandoned well holes, new or old, should be recorded and properly filled and
sealed by permit and then inspected by the Plumbing Inspection Division before and upon completion. The State cannot monitor this activity and does not have the resources to investigate violations.
11. All ephemeral streams on undeveloped parcels should be part of R.C.4 zoning
protection when they flow from R.C.5 zones directly into first order streams within 1,500 feet. Water flowing at a rate of 5 mph during long periods of rain will accelerate the instability of stream
banks and increases habitat degradation of the CLASS III local streams. Curbs
and storm drains directing outfall toward streams or tributaries should not be allowed in rural zones that are laced with
fine clean streams.
12. R.C.4 zoning should extend to 500 feet from the center of a stream, and stream
buffer areas should extend to 150 feet from the high water mark of streams directly connecting to the Prettyboy, Liberty and
Loch Raven Reservoirs. Sediment is filling up stream channels as new development
is allowed close to CLASS III streams.
13. Churches or other buildings used for religious worship including church schools
should be excluded from County Use Regulations that are permitted in R.C.5 Zones or at least be permitted only by special
exception.
14. Sand-mound septic systems should not be permitted. Lands with poor soil conditions just should not be developed.
15. DELINEATED WELLHEAD PROTECTION AREAS should be mapped to protect private wells
against sudden contamination from roadway accidents involving chemical carriers and large institutional land owners that move
into rural zoned areas.
Acting on these
recommendations is the right thing to do. There is sufficient evidence to support
these improvements in our County regulations and policies. The SAFE DRINKING
WATER ACT FOR RURAL AREAS 1994 Bill H.R.226 addresses the need to implement wellhead protection zones to protect groundwater
availability used for drinking water. Lynn Y. Buhl, Acting Secretary of
the MDE, clearly understands storm water runoff impacts and groundwater availability issues that new developments are creating.
Years from
now these steps taken will be well regarded because new residential development will be more sensitive to our remaining natural
areas. We believe Wayne McGinness, Pat Keller and David Pinning would agree that
these are reasonable recommendations to be adopted. And we believe they
embody the views of well owners in the 2nd and 3rd Districts who signed petitions earlier this year – and well owners
countywide. Dr. Richard McQuaid, President of the North County Coalition, has
reviewed these recommendations and he supports their adoption.
We hope you
will respond to us and forward your comments on these recommendations to Mr. Kamenetz, our County Council Chairman, who has
expressed interest in the well water issues as a result of the petitions he has received from his 2nd District constituents.
We would be
pleased to meet with you and your staff to discuss any of our recommendations.
Very truly
yours,
David Suarez-Murrias: FRCA
Treasurer
Paul G Miller: FRCA Director
John Galbreath: FRCA President
CC: Honorable James D. Smith, Jr., Baltimore County Executive
Honorable Kevin Kamenetz, Councilman, Baltimore County 2nd
Dist.
Honorable T. Bryan Mcintire, Councilman Baltimore County 3rd
Dist.