North Carolina § 87-87 - Authority to adopt rules, regulations, and procedures.

§ 87-87. Authority to adopt rules, regulations, and procedures.

The Environmental Management Commission shall adopt rules governing the location, construction, repair, and abandonment of wells, the operation of water wells or well systems with a designed capacity of 100,000 gallons per day or greater, and the installation and repair of pumps and pumping equipment. The Environmental Management Commission shall be responsible for the administration of this Article and shall: Hold public hearings, upon not less than 30 days' prior notice setting forth the date, place, and time of hearing, and the proposed rules and regulations to be considered at said public hearing, which notice shall be published in one or more newspapers having general circulation throughout the State, in connection with proposed rules and regulations and amendments thereto. Enforce the provisions of this Article, and any rules and regulations not inconsistent with the provisions of this Article adopted pursuant thereto. Establish procedures and forms for the submission, review, approval, and rejection of applications, notifications, and reports required under this Article. Issue such additional regulations as may be necessary to carry out the provisions of this Article. Neither adopt nor enforce any rule or regulation that concerns the civil liability of an owner to a well driller for any costs or expenses of drilling and installing a well for the owner. Adopt rules governing the permitting and inspection by the Commission of private drinking water wells with a designed capacity of 100,000 gallons per day or greater. Adopt rules governing the permitting and inspection by local health departments of private drinking water wells pursuant to G.S. 87-97. History (1967, c. 1157, s. 5; 1973, c. 1262, s. 23; 1985, c. 728, s. 4; 1987, c. 496, s. 4; 2006-202, s. 2.) Standardize Local Well Programs. - Session Laws 2014-120, s. 43(b)-(d), provides: "(b) Notwithstanding 15A NCAC 02C.0107(j)(2), neither the Department of Environment and Natural Resources [now Department of Environmental Quality] nor any local well program shall require that well contractor identification plates include the well construction permit numbers. Local well programs may install a plate with the well construction permit number or any other information deemed relevant on a well at the expense of the local program. "(c) The Environmental Management Commission shall adopt a rule to amend 15A NCAC 02C.0107(j)(2) consistent with Section 43(b) of this act. "(d) Section 43(b) of this act expires on the date that the rule adopted pursuant to Section 43(c) of this act becomes effective." Amend Well Casing, Grouting, and Setback Requirements. - Session Laws 2018-65, s. 4(a)-(e), provides: "(a) Definitions. - 'Well Standards Rules' means 15A NCAC 02C .0101 through 15A NCAC 02C .0119 (Criteria and Standards Applicable to Water-Supply and Certain Other Types of Wells) for purposes of this section and its implementation. "(b) Well Standards Rules. - Until the effective date of the revised permanent rules that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Well Standards Rules as provided in subsection (c) of this section. "(c) Implementation. - The Well Standards Rules shall be implemented as follows: "(1) Notwithstanding 15A NCAC 02C .0107(a)(2)(A) (Standards of Construction: Water Supply Wells), the minimum horizontal separation between a water supply well serving a single-family dwelling and a septic tank and drainfield, including the drainfield repair area, shall be 50 feet, except that the minimum horizontal separation between a water supply well serving a single-family dwelling and a saprolite system as described in 15A NCAC 18A .1956 shall be 100 feet. "(2) Notwithstanding 15A NCAC 02C .0107(f)(1) (Standards of Construction: Water Supply Wells), casing shall be grouted to a depth of 20 feet below the surface, except that in those areas designated by the Director to meet the criteria of 15A NCAC 02C .0116 (Designated Areas: Water Supply Wells Cased to Less Than 20 Feet), grout shall extend to a depth of two feet above the screen or, for open end wells, to the bottom of the casing, but in no case less than 10 feet. "(3) Notwithstanding 15A NCAC 02C .0107(b)(2) (Standards of Construction: Water Supply Wells), in designated areas described in 15A NCAC 02C .0117 (Designated Areas: Water Supply Wells Cased to Minimum Depth of 35 Feet), the source of water shall be greater than 43 feet below land surface. "(4) Notwithstanding 15A NCAC 02C .0107(d)(4) (Standards of Construction: Water Supply Wells), well located within the area described in 15A NCAC 02C .0117 (Designated Areas: Water Supply Wells Cased to Minimum Depth of 35 Feet) shall be cased from land surface to a depth of at least 43 feet and wells constructed with separation distances less than those specified in 15A NCAC 02C .0107(a)(2) based on lot size or other fixed conditions as specified in 15A NCAC 02C .0107(a)(3) shall be cased from land surface to a depth of at least 43 feet except in areas described in 15A NCAC 02C .0116 (Designated Areas: Water Supply Wells Cased to Minimum Depth of 20 Feet). "(5) Notwithstanding 15A NCAC 02C .0117 (Designated Areas: Water Supply Wells Cased to Minimum Depth of 35 Feet), water supply wells constructed in the areas set out in 15A NCAC 02C .0117 or within 400 feet of these areas shall be cased to a depth of 43 feet and grouted to a depth of 20 feet. "(d) Additional Rule-Making Authority. - The Commission shall adopt rules to amend the Well Standards Rules consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4) , the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided in G.S. 150B-21.3(b2) . "(e) Sunset. - This section expires when permanent rules adopted as required by subsection (d) of this section become effective." Editor's Note. - Sessions Laws 2012-200, s. 11 provides: "(a) Variance from Setbacks for Existing Private Drinking Water Wells. - "(1) The Department of Health and Human Services may grant a variance from the minimum horizontal separation distances from existing private drinking water wells set out in 15A NCAC 02C.0107(a)(2) or 15A NCAC 02C.0107(a)(3) upon finding that: "a. The well was constructed and completed on or before July 1, 2008. "b. The Department determines that continued use of the well will not endanger human health and welfare or groundwater. "c. It is impracticable, taking into consideration feasibility and cost, for the well to comply with the minimum horizontal separation distance set out in the applicable sub-subpart of 15 NCAC 02C.0107(a)(2) and 15A NCAC 02C.0107(a)(3). "d. There is no reasonable alternative source of drinking water available. "(2) A variance from the minimum horizontal separation distances set out in 15A NCAC 02C.0107(a)(2) or 15A NCAC 02C.0107(a)(3) shall require that the existing private drinking water well meet the following requirements: "a. The well shall comply with the minimum horizontal separation distances set out in 15A NCAC 02C.0107(a)(2) or 15A NCAC 02C.0107(a)(3) to the maximum extent practicable. "b. The well is inspected by the Department or the applicable local health department and is determined to be in good repair. "c. The well shall comply with all other requirements for private drinking water wells set out in 15A NCAC 02C.0300. "(b) Rule Making. - The Commission for Public Health shall adopt rules that are substantively identical to the provisions of subsection (a) of this section. The Commission may reorganize or renumber any of the rules to which this section applies at its discretion. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received, as provided by G.S. 150B-21.3(b2) . "(c) Effective Date. - Subsection (a) of this section expires when permanent rules to replace subsection (a) of this section have become effective, as provided by subsection (b) of this section." Effect of Amendments. - Session Laws 2006-202, s. 2, effective August 7, 2006, in the introductory paragraph, substituted "adopt rules" for "adopt, and may from time to time amend, rules and regulations not inconsistent with this Article" near the beginning, substituted "equipment. The Environmental Management Commission" for "equipment, and" near the end, and substituted "Article and shall" for "Article. With respect thereto it shall" at the end; added paragraphs (6) and (7); and made minor punctuation and stylistic changes throughout the section.