Why illegal geothermal systems exist

Well, here's the up to the minute report. Although here in Massachusetts, wells are governed by the board of health and water quality by the state Department of Environmental Protection, apparently the plumbing board likes to weigh in as well. Although we didn't know it, because our inspectors never let us know during the course of the project, the plumbing board has an outdated regulation on their books precluding the use of a well for both potable water and heating purposes.

This would not have been a problem, because for years the plumbing board has been winking at this discrepancy and there are about 100 legal systems installed like ours in Massachusetts, and they are now being approved at a clip of around 35 or 40 systems a year and growing. However, they didn't really want to say out loud that this was the case. So when our plumbing inspector pressed them for a read on it, not getting the hint he was given that this was under the radar, they came out against the dual use well.

This places us in the position of having a silver rated LEED home, clean well water, up-to-date geothermal, good plumbing, fine electric and a well built home, but no occupancy permit. We either have to put in another well (something we never would have done, would have gone solar instead) or get no permit. We considered pressuring various parties, taking this up the ladder to the governor, making a huge stink but-- this might lead to various other problems with town. Do we go ahead and put the well in, get the OP, and Then make the stink? Do we release it to the press? Do we go downtown to Boston and meet with the plumbing board and ask them why they allow DEP to hand out permits if they won't sign off on them?

Comments welcome. Also five grand, which would be the price of another well...