(a) Wells drilled prior to June 1, 1983, unless abandoned, shall be grandfathered from this chapter without further modification unless the well is found to be a threat to public health and safety or to groundwater quality. A threat to public health and safety or to groundwater quality shall include, but is not limited to the following:
  (1) annular space around the well casing is open at or near the land surface;
  (2) an unprotected opening into the well casing that is above ground level;
  (3) top of well casing below known flood level and not appropriately sealed;
  (4) deteriorated well casing allowing commingling of aquifers or zones of water of different quality;
  (5) water wells with the well head below ground level; and
  (6) water wells located within fifty (50) feet of a source of contamination which affects the quality of water produced by the well.
(b) If the annular space around the well casing is not adequately sealed as set forth in this section, it shall be the responsibility of each licensed driller or licensed pump installer to inform the landowner that the well is considered to be a deteriorated well and must be recompleted when repairs are made to the pump or well in accordance with this chapter, and the following specifications.
  (1) The well casing shall be excavated to a minimum depth of four (4) feet and the annular space shall be filled from ground level to a depth of not less than four (4) feet below the land surface with cement. The cement filling shall be a minimum thickness of three (3) inches larger than the outside diameter of the casing. In areas of shallow, unconfined groundwater aquifers, the cement need not be placed below the static water level. In areas of shallow, confined groundwater aquifers having artesian head, the cement need not be placed below the top of the water bearing strata.
  (2) A cement slab or sealing block shall be placed above the cement around the well at the ground surface except when a pitless adapter as described in §76.100(c)(2) or a steel or plastic sleeve as described in §76.100(c)(1) is used.
    (A) The slab or block shall extend laterally at least two (2) feet from the well in all directions and have a minimum thickness of four inches.
    (B) The surface of the slab shall be sloped to drain away from the well.
    (C) The top of the casing shall extend a minimum of twelve 12 inches above ground level or thirty six 36 inches above known flood prone areas and unprotected openings into the well casing that is above ground shall be sealed water tight.
  (3) If deteriorated well casing is allowing commingling of aquifers or zones of water of different quality and causing degradation of any water including groundwater, the well shall be plugged according to §76.104 or repaired. Procedures for repairs shall be submitted to the department for approval prior to implementation.
(c) Well covers shall be capable of supporting a minimum of four hundred 400 pounds and constructed in such a way that they cannot be easily removed by hand.
(d) This section shall not apply to a public water supply system well.

Source Note: The provisions of this §76.105 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective April 1, 2018, 43 TexReg 1635