Permit and Setback Questions on a Tight Lot
A landowner wants a well on a half-acre lot. The proposed location is 45 feet from a septic drainfield, 60 feet from the property line, and 80 feet from a neighbor's fuel oil tank. The driller is preparing the ADEM well permit application and must decide whether the location is approvable as-is or must move. The driller has the state well construction rules and the county health department contact, and the owner is pressing to start drilling Monday.
1. How should the driller evaluate the proposed location against Alabama well-siting requirements before submitting the permit?
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The driller should check the proposed location against the state well construction rules and local health requirements for setbacks from sources of contamination (septic systems/drainfields, fuel tanks, property lines, and other features). The driller should not rely on memory of a single number; the rules and any county health requirements govern.
Process:
- Measure and record distances to the drainfield, tank, and property line.
- Compare to the applicable setback in the current rules and any county health department requirement.
- If any distance is short, relocate the well or obtain the required approval/variance before submitting.
The judgment is to verify against the current rule text and the county, not to guess, and to resolve a short setback before drilling rather than after.
2. If a required setback cannot be met on this lot, what are the driller's options, and what should not be done?
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Options: relocate the well to a compliant spot (even if it means a longer run or a different pad), redesign the septic or tank location with the owner and health department, or seek a variance/approval if the rules allow one. The driller should coordinate with the county health department and ADEM as required.
What should not be done: drill first and seek approval later, or misstate distances on the permit application. Starting Monday before the siting question is resolved risks a failed inspection and a well that must be abandoned or re-drilled.
3. What records and communications should accompany the permit application and the completed well?
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Records: the permit application with accurate distances and a site sketch, the approved permit, the well log (depth, casing, screen, grout), and any variance or county approval. Communication: tell the owner in writing that drilling is contingent on an approved location and permit, and that a short setback requires relocation or approval. This documents due diligence and protects the driller if the location is later challenged.