45-594. Well construction standards; remedial
measures
A. The director shall adopt rules establishing construction standards for new wells
and replacement wells, the deepening and abandonment of existing wells and the capping of
open wells.
B. All well construction, replacement, deepening and abandonment operations shall
comply with the rules adopted pursuant to this section. A well owner shall cap an open
well according to the rules adopted pursuant to subsection A.
C. If the director determines that a well is not capped in compliance with the
rules adopted pursuant to subsection A, that the well is dangerous to property or public
health or safety and that there is not sufficient time to issue and enforce an order
relative to its capping, the director may employ remedial measures necessary to protect
property or public health or safety. The remedial measures may include remaining in full
charge and control of the well site until the well has been rendered safe and capping the
well. This subsection does not relieve an owner or operator of a well from the legal
duties, obligations and liabilities arising from such ownership or operation.
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