North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0107 - COMPLIANCE BOUNDARY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For disposal
				  systems individually permitted prior to December 30, 1983, the compliance
				  boundary shall be established at a horizontal distance of 500 feet from the
				  waste boundary or at the property boundary, whichever is closer to the
				  source.
(b) For disposal systems
				  individually permitted on or after December 30, 1983, a compliance boundary
				  shall be established at a horizontal distance of 250 feet from the waste
				  boundary, or 50 feet within the property boundary, whichever point is closer to
				  the source.
(c) The compliance
				  boundary shall be established at the time of permit issuance and shall remain
				  in place for the duration of the permit.
(d) The compliance boundary and zone shall
				  extend vertically from the surface through the water table to the maximum depth
				  of saturation.
(e) The permitted
				  activity shall not cause or contribute to an exceedance of the surface water
				  standards established under
				  15A NCAC
				  02B .0200.
(f) Multiple contiguous properties under
				  common ownership and permitted for use as a waste disposal area shall be
				  treated as a single property with regard to determination of a compliance zone
				  and setbacks to property lines as per Paragraphs (a) or (b) of this
				  Rule.
(g) Where compliance zones
				  for separately permitted waste disposal areas under the same ownership on the
				  same property intersect, the Director shall combine the compliance zones into
				  one single compliance zone with a single compliance boundary.
(h) The permittee shall establish a
				  monitoring program within the compliance zone per the requirements in Rule
				  .0110 of this Section.
(i) Except
				  as provided in Paragraph (m) of this Rule, no new water supply wells shall be
				  constructed within the compliance zone of a disposal system individually
				  permitted after January 1, 1993.
(j) Except as provided in Paragraph (m) of
				  this Rule, if the land within an established compliance zone of a disposal
				  system permitted after January 1, 1993 is transferred and that land is serviced
				  by a community water system as regulated under
				  15A NCAC
				  18C, the source of which is located outside
				  the compliance boundary, the deed shall contain notice of the permit, including
				  the permit number, a description of the type of permit, and the name, address
				  and telephone number of the permitting agency.
(k) Except as provided in Paragraph (m) of
				  this Rule, if at the time a permit is issued after January 1, 1993, the
				  permittee is not the owner of the land within the compliance zone, it shall be
				  a condition of the permit issued or renewed that the landowner of the land
				  within the compliance zone, if other than the permittee, execute and file in
				  the Register of Deeds in the county in which the land is located, an easement
				  running with the land that contains either a notice of the permit, including
				  the permit number, a description of the type of permit, and the name, address
				  and telephone number of the permitting agency; or a reference to a notice of
				  the permit with book and page number of its recordation if such notice is
				  required to be filed by statute. The Director shall, upon request by the
				  landowner, file a document terminating the easement with the appropriate
				  Register of Deeds once the following conditions have been met:
(1) all required groundwater remediation has
				  been completed;
(2) groundwater
				  monitoring is no longer required per Rule .0110(f) of this Section;
				  and
(3) monitoring wells have been
				  abandoned in accordance with
				  15A NCAC
				  02C .0113.