Circular No. 75/2017/TT-BTNMT dated December 29, 2017 of the Ministry of Natural Resources and Environment on prescribing the protection of groundwater in drilling and excavation activities and groundwater exploration and exploitation

CIRCULAR

Prescribing the protection of groundwater in drilling and excavation activities and groundwater exploration and exploitation[1]

Pursuant to the 2012 Law on Water Resources;

Pursuant to the Government’s Decree No. 36/2017/ND-CP of April 4, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government’s Decree No. 201/2013/ND-CP of November 27, 2013, detailing a number of articles of the Law on Water Resources;

At the proposal of the Director of the Department of Water Resources Management and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates the Circular guiding the protection of groundwater in drilling and excavation activities and groundwater exploration and exploitation.

Article 1.Scope of regulation

1. This Circular prescribes the protection of groundwater in drilling and excavation activities and groundwater exploration and exploitation, including groundwater exploration and exploitation, geological survey drilling for construction works, geological exploration, mineral exploration and exploitation, foundation treatment for construction works, mine drainage and other groundwater-related drilling and excavation activities.

2. Oil and gas exploration and exploitation drilling does not fall within the scope of regulation of this Circular.

Article 2.Subjects of application

This Circular applies to agencies in charge of state management of water resources and organizations, individuals and households (below referred to as organizations and individuals) involved in the protection of groundwater in drilling and excavation activities and groundwater exploration and exploitation.

Article 3.Principles of groundwater protection

1. Groundwater protection primarily aims at prevention, attaching importance to the protection of groundwater sources in overexploited or severely degraded areas, areas where exploitation is prohibited or restricted, residential water supply zones, urban areas, industrial parks and clusters, export processing zones, craft villages, concentrated residential areas, water scarcity-facing areas, areas where groundwater is in danger of depletion, contamination and saltwater intrusion, and areas prone to land subsidence.

2. Groundwater protection shall be associated with the rational and efficient exploitation and use of groundwater resources and the protection of surface water sources, the environment, forests and natural resources.

3. Groundwater protection shall be considered and implemented right at the stage of planning water resource exploitation and use. For investment projects involving groundwater exploration, exploitation and use or drilling or excavation activities affecting the volume and quality of groundwater, groundwater protection shall be implemented right in the investment project formulation stage.

Article 4.General requirements on groundwater protection in the design and construction of boreholes and drilled wells

Organizations and individuals that design and construct boreholes and drilled wells (below collectively referred to as drilled wells) in groundwater exploration and exploitation, geological survey drilling for construction works, geological exploration, mineral exploration and exploitation, foundation treatment for construction works, mine drainage and other drilling and excavation activities related to groundwater shall comply with the following groundwater protection requirements:

1. To comply with the provisions of the Minister of Natural Resources and Environment’s Circular No. 59/2015/TT-BTNMT of December 14, 2015, on technical regulations on groundwater survey drilling, assessment and exploration.

2. To insulate around the well wall and temporary casing with natural clay or similar absorbent material. The area within a radius of at least 1 m around the well mouth shall be reinforced and elevated with natural clay or other waterproof materials to prevent dirty surface water from flowing into the well or permeating through its wall into the aquifer.

3. To refrain from using wastewater, dirty water, water with oil, grease or noxious chemicals as drilling fluid or for mixing drilling fluid in drilled wells; to refrain from leaking fuel, oil and grease into the environment around the wells.

4. To ensure the stability of the soil surrounding drilled wells in the drilling process and when conducting researches and experiments in the wells or using the wells.

5. For drilled wells with an expected operation duration of two (2) or more years, they shall be supported with casing and insulated to prevent surface water from penetrating into the aquifers or water of different quality from different aquifers from flowing through the well wall.

6. In case the construction or use of drilled wells causes land subsidence or other abnormal incidents, such activity shall be stopped immediately. The incident shall be promptly dealt with and compensation paid for damage (if any); this incident shall be promptly notified to the People’s Committee of the commune, ward or township (below referred to as commune-level People’s Committee) and the Department of Natural Resources and Environment of the province or centrally run city (below referred to as provincial-level Department of Natural Resources and Environment) where it occurs.

7. Drilled wells that are no longer used or are damaged in the course of construction or use shall be handled and filled up in accordance with the law on water resources.

Article 5.Requirements on design and construction of drilled wells for groundwater exploitation

Organizations and individuals that exploit groundwater shall comply with the provisions in Article 4 of this Circular and the following specific requirements:

1. Drilled wells for groundwater exploitation shall be designed by a person who is in charge of technical matters of the organization or individual possessing a groundwater drilling practice license or by a technical manager of the consultancy organization or individual consultant. The design plan shall be presented in the dossier of application for a groundwater exploration and exploitation license.

2. Drilled wells for groundwater exploitation shall be constructed by organizations and individuals possessing a groundwater drilling practice license in accordance with the law on water resources.

3. The casing and filters installed in drilled wells for groundwater exploitation must be of a type exclusively used for these wells, ensuring the following requirements: clearly displaying signs, codes and standards, and the name of the manufacturer; having a thickness and mechanical, physical and chemical properties suitable to the stratum, depth, diameter, duration of use and chemical erosion characteristics of the soil and water at the place where the well is constructed; and ensuring stability of the well during use.

4. In case the well mouth is placed on the land surface, the mouth of its pipe shall be installed at least 0.3 m above the land surface or pumping station floor, or must be higher than the average annual flood level, for areas frequently hit by floods.

In case the well mouth is placed below the land surface, the pump pit must be waterproof to prevent the entry of surface water; the surface within a radius of at least 1.5 m around the well mouth shall be elevated or equal to the land surface and shall be reinforced with concrete or constructed or plastered with cement mortar to prevent dirty water from entering the aquifer via the drilled well.

5. There is a drawing of the well structure and a well construction plan, which must have the following contents:

a/ Names of the well owner and designer;

b/ Stratigraphic column and stratigraphic depiction, depth distribution of each soil and rock layer at the well drilling site; type, diameter, thickness and depth of each casing segment and filter; size and installation positions of concentric units (if any) of the casing;

c/ Depth, thickness, type and size of filtering materials of each water-collecting section;

d/ Depth, thickness, type of insulation material of each segment around the casing. The insulation of the well casing must comply with the provisions of Clause 6 of this Article;

dd/ Exploitation flow and expected static water level and maximum water level when the pump operates; a plan for installation of exploitation equipment and equipment for monitoring the water level and exploitation output of the well;

e/ Size of the concrete to protect the mouth of the well and the height of the mouth;

g/ Method of constructing layers of filter materials, insulation segments and methods of inspection and control when constructing the well.

6. The insulation of the well casing referred to at Point d, Clause 5 of this Article must satisfy the following requirements:

a/ The depth of at least 5 m from the ground surface shall be filled with cement mortar;

b/ The next depth to the roof of the exploited aquifer or to the top of the filter material layer shall be filled with cement mortar or cement mortar mixed with natural clay or bentonite;

c/ In addition to the requirements specified at Points a and b of this Clause, for wells with a diameter 250 mm larger than the maximum outer diameter of the casing installed in that segment or with a diameter of their casing of under 60 mm and its depth not exceeding 30 m, natural clay pellets of a size less than 0.25 time the thickness of the filling may be used as insulation material.

d/ In case a well is concurrently exploited from two (2) or more inconsecutive aquifers, the depth between the aquifers shall be insulated according to Point b of this Clause;

dd/ The filling must have a minimum thickness of 30 mm for casings with a diameter of under 60 mm or a minimum thickness of 50 mm for other casings.

7. When constructing wells for groundwater exploitation, a temporary casing shall be installed with a depth of at least 3 m from the ground surface; the mouth of the temporary casing must be at least 0.2 m higher than the ground surface around the well mouth and shall be protected and maintained during the construction of wells.

8. Materials used for the installation of wells must not contain toxic chemicals or pathogenic bacteria and shall be stored in dry places far away from sources likely to cause contamination. In case chemicals are used to soak or rinse wells, the chemicals used must be on the list of those permitted for use in accordance with law, ensuring that they do not pollute the environment and water sources.

Article 6.Requirements on the design and construction of drilled wells for exploration, survey and assessment of groundwater resources, geological survey for construction works, geological exploration, mineral exploration and exploitation, foundation treatment for construction works, and water drainage for mines and dug wells

Organizations and individuals that design and construct drilled wells shall comply with Article 4 of this Circular and the following specific requirements:

1. For drilled wells for exploration, survey and assessment of groundwater resources:

a/ In case drilled wells are used for exploiting groundwater or long-term monitoring or drilled wells are expected to be used for two (2) or more years, the provisions of Article 5 of the Circular shall be complied with;

b/ Drilled wells not falling into the case specified at Point a of this Clause must have their depth from the well’s mouth to the roof of the aquifer or to the top of the filtering material layer insulated.

2. For drilled wells for geological survey for construction works, geological exploration, mineral exploration and exploitation, foundation treatment for construction works or mine drainage:

a/ In case drilled wells have an expected operation duration of two (2) or more years, the insulation of these wells must comply with the provisions of Clause 6, Article 5 of this Circular;

b/ For drilled wells not falling into the case specified at Point a of this Clause, they shall be insulated at least 5 m deep from the ground surface.

3. For dug wells:

a/ The well site must be 10 m or more away from livestock pens, toilets, garbage dumps and other polluting sources;

b/ Well walls shall be built with bricks, stones or concrete and must be at least 0.5m higher than the ground surface, preventing surface water from flowing into wells.

Article 7.Requirements on groundwater protection in the course of experimentation in drilled wells

When conducting experiments in drilled wells, organizations and individuals that construct and use wells shall satisfy the following requirements:

1. The method of experimentation in wells shall be fully described in schemes, projects, scientific research subjects or technical dossiers on work construction. The process of experimentation must be subject to inspection and supervision by competent state management agencies.

2. In the course of experimentation, if land subsidence, house or surrounding construction work crack or another incident occurs, such experimentation shall be stopped immediately and such incident shall be remedied and damage (if any) be compensated; and such incident shall be promptly reported to the commune-level People’s Committee and provincial-level Department of Natural Resources and Environment of the locality where it occurs.

3. Chemicals and radioactive substances used in the course of experimentation must be those on the list of chemicals and radioactive substances permitted by law for use, ensuring that they do not pollute the environment and water sources.

4. Measures shall be taken to prevent wastewater and water with toxic substances from entering the wells.

5. In case of water pumping experiments, in addition to the provisions of Clauses 1, 2, 3 and 4 of this Article, the following requirements shall also be met:

a/ The water pumped up shall be collected and taken at least 10 m away from the well’s mouth, ensuring that it will not cause inundation and affect the surrounding environment;

b/ Not to excessively lower water level and seriously affect the exploitation of adjacent groundwater exploitation works;

c/ In case the water pumped up shows abnormal signs or causes death of animals or plants in the area, the water pumping shall be stopped immediately and the damage (if any) be promptly compensated. The incident shall be promptly notified to the commune-level People’s Committee and provincial-level Department of Natural Resources and Environment of the locality where it occurs.

Article 8. Protection of groundwater in the course of exploitation

1. Owners of groundwater exploitation works shall keep sanitation in areas around exploitation wells and take measures to prevent groundwater pollution through drilled wells.

2. Owners of groundwater exploitation works in service of residential water supply shall build their sanitation zones in accordance with the law on water resources.

3. Owners of works requiring groundwater exploitation and use license shall organize the installation of equipment and arrange employees to monitor the water flow, level and quality in exploitation and monitoring wells of the works, ensuring the parameters, form and regime of monitoring in order to provide and update data in the water resource exploitation and use monitoring system of the state management agency in accordance with the law on water resources.

The water level monitoring of an exploitation work shall be carried out at at least one well for groundwater exploitation works with an output of between 3,000 m³/day and under 5,000 m³/day; at least two wells for groundwater exploitation works with an output of between 5,000 m³/day and under 10,000 m³/day; or at least 3 wells for groundwater exploitation works with an output of 10,000 m³/day or more.

4. To detect, deal with and remedy abnormal phenomena and incidents in terms of water quality and level in the course of exploitation and other incidents caused by their exploitation activities; in case an incident occurs, to immediately stop the exploitation, promptly remedy the incident, pay compensation for damage (if any); and to promptly notify the incident to the commune-level People’s Committee and provincial-level Department of Natural Resources and Environment of the locality where it occurs and report it to the groundwater exploitation and use license-granting agency.

Article 9.Groundwater protection in groundwater resource survey and assessment, geological survey for construction works, geological exploration, mineral exploration and exploitation, foundation treatment for construction works and mine drainage

1. Organizations and individuals that carry out groundwater resource survey and assessment, geological survey for construction works, geological exploration, mineral exploration and exploitation, foundation treatment for construction works and mine drainage involving drilling and excavating wells and experimentation in drilled wells shall, in addition to complying with relevant regulations, standards and technical regulations, fully satisfy the groundwater protection requirements prescribed in Articles 4, 6 and 7 of this Circular.

2. Organizations and individuals that deal with the foundations of works may only use materials permitted by law for use. They may not use wastewater, dirty water or water with oil and grease to treat the foundations of works.

3. Water pumping for mine drainage must comply with the provisions of Clause 4, Article 26 of the 2012 Law on Water Resources.

4. For lakes, reservoirs or areas storing wastewater, ore tailings and other liquid wastes discharged from mineral exploitation, environmental protection regulations and requirements prescribed in the laws on environmental protection, minerals and water resources shall be complied with to avoid pollution of groundwater.

Article 10.Effect

1. This Circular takes effect on February 12, 2018.

2. Chapters III, IV and V, and Article 21, Chapter VI, of the Minister of Natural Resources and Environment’s Decision No. 15/2008/QD-BTNMT of December 31, 2008, promulgating the Regulation on protection of groundwater resources, cease to be effective on the effective date of this Circular.

Article 11.Organization of implementation

1. The Department of Water Resources Management shall guide and inspect the implementation of this Circular.

2. Ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels, provincial-level Departments of Natural Resources and Environment and related organizations and individuals shall implement this Circular.

3. Any difficulties or problems arising in the course of implementation of this Circular should be reported to the Ministry of Natural Resources and Environment for study, amendment and supplementation as appropriate.-

For the Minister of Natural Resources and Environment
Deputy Minister
TRAN QUY KIEN