North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter C - WELL CONSTRUCTION STANDARDS › Section .0300 - PERMITTING AND INSPECTION OF PRIVATE DRINKING WATER WELLS › Section 02C .0304 - PERMITTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No person shall
				  construct a private drinking water well without first obtaining a well
				  construction permit from the local health department. No person shall repair a
				  private drinking water well without first obtaining a well repair permit,
				  except a well repair permit is not required for maintenance or pump repair or
				  replacement. Disinfection in accordance with
				  15A NCAC
				  02C .0111 is a maintenance activity that does
				  not require a repair permit. No person shall permanently abandon a private
				  drinking water well without first obtaining a well abandonment permit from the
				  local health department.
(b) Before
				  issuing a well construction permit, the local health department shall conduct a
				  field investigation to evaluate the topography, landscape position, available
				  space, and potential sources of groundwater contamination on or around the site
				  where a private drinking water well is to be located. Furthermore, the
				  Department shall conduct a search of DEQ's published inventories to determine
				  whether the proposed well site is located within 1,000 feet of a known source
				  of release of contamination. The local health department shall issue a private
				  water well construction permit after determining the site can be permitted for
				  a well meeting the rules of this Section. The local health department shall not
				  issue a construction permit for a well in violation of restrictions regarding
				  groundwater use established pursuant to
				  G.S.
				  87-88(a). The construction
				  permit shall include a site plan showing the location of potential sources of
				  contamination and area(s) suitable for well construction. The construction
				  permit shall reference documentation from DEQ's published inventories of known
				  releases of contamination within 1,000 feet of the proposed well site, and any
				  known risk of constructing the well related to those findings. The local health
				  department shall issue a written notice of denial of a construction permit if
				  it determines a private drinking water well cannot be constructed in compliance
				  with the rules of this Section. The notice of denial shall include reference to
				  specific laws or rules that cannot be met and shall be provided to the
				  applicant.
(c) Any well permit
				  shall be valid for a period of five years; however, the local health department
				  may revoke a permit at any time if it determines that there has been a material
				  change in any fact or circumstance upon which the permit shall not be issued.
				  The validity of a well construction permit or a well repair permit is not
				  affected by a change in ownership of the site where a private drinking water
				  well is proposed to be located if the proposed well can still be constructed or
				  repaired in the permitted area and in accordance with this Section and
				  15A NCAC
				  02C .0100. The local health department may
				  suspend or revoke any permits issued upon a determination that the rules of
				  this Section have been violated.
(d) If there is an improperly abandoned
				  well(s) on the site, the construction permit shall be conditioned upon repair
				  or abandonment of those improperly abandoned well(s) in accordance with the
				  rules of 15A NCAC 02C .0100.
Authority
					 G.S.
					 87-87;
					 87-97;
Eff. July 1,
					 2008;
Readopted Eff. July 1,
					 2019.