North Carolina § 130A-311 - Short title.

§ 130A-311. Short title.

This Article shall be cited as the "North Carolina Drinking Water Act." History (1979, c. 788, s. 1; 1983, c. 891, s. 2.) Extension of Permits. - For provisions pertaining to extension of permits during state of economic emergency in the real estate sector, pursuant to Session Laws 2009-406, ss. 1 through 5.1, as amended by Session Laws 2009-484, s. 5.1, 2009-550, s. 5.2, 2009-572, ss. 1-3, and Session Laws 2010-177, s. 1, see the Editor's note at G.S. 160A-385.1. Editor's Note. - Session Laws 2008-198, s. 9, provides: "For purposes of this section, 'contamination of drinking water' means any exceedance of the drinking water standards adopted by the United States Environmental Protection Agency pursuant to the federal Safe Drinking Water Act or by the drinking water standards adopted by the Commission for Health Services pursuant to Article 10 of Chapter 130A of the General Statutes. It is the intent of the General Assembly that the Department of Environment and Natural Resources aggressively compel persons who are responsible for contamination of groundwater that results in contamination of drinking water to assess and remediate the groundwater contamination as required by law." Session Laws 2011-394, s. 16.1, provides: "Variance from Setbacks for Public Water Supply Wells. - "(a) The Department of Environment and Natural Resources may grant a variance from the minimum horizontal separation distances for public water supply wells set out in 15A NCAC 18C.0203(2)(d) and 15A NCAC 18C.0203(2)(e) upon finding that: "(1) The well supplies water to a noncommunity water system as defined in G.S. 130A-313(10)(b) or supplies water to a business or institution, such as a school, that has become a noncommunity water system through an increase in the number of people served by the well. "(2) It is impracticable, taking into consideration feasibility and cost, for the public water system to comply with the minimum horizontal separation distance set out in the applicable sub-subpart of 15A NCAC 18C.0203(2). "(3) There is no reasonable alternative source of drinking water available to the public water supply system. "(4) The granting of the variance will not result in an unreasonable risk to public health. "(b) A variance from the minimum horizontal separation distances set out in 15A NCAC 18C.0203(2)(d) and 15A NCAC 18C.0203(2)(e) shall require that the noncommunity public water supply well meet the following requirements: "(1) The well shall comply with the minimum horizontal separation distances set out in 15A NCAC 18C.0203(2)(d) and 15A NCAC 18C.0203(2)(e) to the maximum extent practicable. "(2) The well shall meet a minimum horizontal separation distance of 25 feet from a building, mobile home, or other permanent structure that is not used primarily to house animals. "(3) The well shall meet a minimum horizontal separation distance of 100 feet from any animal house or feedlot and from cultivated areas to which chemicals are applied. "(4) The well shall meet a minimum horizontal separation distance of 50 feet from surface water. "(5) The well shall comply with all other requirements for public well water supplies set out in 15A NCAC 18C.0203." Session Laws 2011-394, s. 16.2, provides: "Rule Making. - The Commission for Public Health shall adopt rules that are substantively identical to the provisions of Section 16.1. 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) ." Session Laws 2011-394, s. 16.3, provides: "Effective Date. - Section 16.1 of this act expires when permanent rules to replace Section 16.1 have become effective as provided by Section 16.2 of this act." Session Laws 2021-69, s. 4, provides: "Nothing in this act, or in rules adopted pursuant to Section 3 of this act, shall be construed to alter or amend requirements applicable to public water systems, as that term is defined under G.S. 130A-313 , under (i) Article 10 of this Chapter and rules adopted thereunder, (ii) the federal Safe Drinking Water Act, and (iii) the United States Environmental Protection Agency's Lead and Copper Rule under 40 C.F.R. Part 141, Subpart I.”