§ 87‑97. (See Editor'snote for effective date) Permitting, inspection, and testing of privatedrinking water wells.
(a) Mandatory LocalWell Programs. Each county, through the local health department that servesthe county, shall implement a private drinking water well permitting,inspection, and testing program. Local health departments shall administer theprogram and enforce the minimum well construction, permitting, inspection,repair, and testing requirements set out in this Article and rules adoptedpursuant to this Article.
(b) Permit Required. Exceptfor those wells required to be permitted by the Environmental ManagementCommission pursuant to G.S. 87‑88, no person shall:
(1) Construct or assistin the construction of a private drinking water well unless a constructionpermit has been obtained from the local health department.
(2) Repair or assist inthe repair of a private drinking water well unless a repair permit has beenobtained from the local health department, except that a permit shall not berequired for the repair or replacement of a pump or tank.
(c) Permit Not Requiredfor Maintenance or Pump Repair or Replacement. A repair permit shall not berequired for any private drinking water well maintenance work that does notinvolve breaking or opening the well seal. A repair permit shall not berequired for any private drinking water well repair work that involves only therepair or replacement of a pump or tank.
(d) Well SiteEvaluation. The local health department shall conduct a field investigationto evaluate the site on which a private drinking water well is proposed to belocated before issuing a permit pursuant to this section. The fieldinvestigation shall determine whether there is any abandoned well located onthe site, and if so, the construction permit shall be conditioned upon theproper closure of all abandoned wells located on the site in accordance withthe requirements of this Article and rules adopted pursuant to this Article. Ifa private drinking water well is proposed to be located on a site on which awastewater system subject to the requirements of Article 11 of Chapter 130A ofthe General Statutes is located or proposed to be located, the application fora construction permit shall be accompanied by a plat or site plan, as definedin G.S. 130A‑334.
(e) Issuance of Permit. The local health department shall issue a construction permit or repairpermit if it determines that a private drinking water well can be constructedor repaired and operated in compliance with this Article and rules adoptedpursuant to this Article. The local health department may impose any conditionson the issuance of a construction permit or repair permit that it determines tobe necessary to ensure compliance with this Article and rules adopted pursuantto this Article.
(f) Expiration andRevocation. A construction permit or repair permit shall be valid for aperiod of five years except that the local health department may revoke apermit at any time if it determines that there has been a material change inany fact or circumstance upon which the permit is issued. The foregoing shallbe prominently stated on the face of the permit. The validity of a constructionpermit or a repair permit shall not be affected by a change in ownership of thesite on which a private drinking water well is proposed to be located or islocated if the location of the well is unchanged and the well and the facilityserved by the well remain under common ownership.
(f1) Chlorination of theWell. Upon completion of construction of a private drinking water well, thewell shall be sterilized in accordance with the standards of drinking waterwells established by the United States Public Health Service.
(g) Certificate ofCompletion. Upon completion of construction of a private drinking water wellor repair of a private drinking water well for which a permit is required underthis section, the local health department shall inspect the well to determinewhether it was constructed or repaired in compliance with the constructionpermit or repair permit. If the local health department determines that theprivate drinking water well has been constructed or repaired in accordance withthe requirements of the construction permit or repair permit, the constructionand repair requirements of this Article, and rules adopted pursuant to thisArticle, the local health department shall issue a certificate of completion.No person shall place a private drinking water well into service without firsthaving obtained a certificate of completion. No person shall return a privatedrinking water well that has undergone repair to service without first havingobtained a certificate of completion.
(h) (Effective untilOctober 1, 2010) Drinking Water Testing. Within 30 days after it issues acertificate of completion for a newly constructed private drinking water well,the local health department shall test the water obtained from the well orensure that the water obtained from the well has been sampled and tested by acertified laboratory in accordance with rules adopted by the Commission forPublic Health. The water shall be tested for the following parameters: arsenic,barium, cadmium, chromium, copper, fluoride, lead, iron, magnesium, manganese,mercury, nitrates, nitrites, selenium, silver, sodium, zinc, pH, and bacterialindicators.
(h) (EffectiveOctober 1, 2010) Drinking Water Testing. Within 30 days after it issues acertificate of completion for a newly constructed private drinking water well,the local health department shall test the water obtained from the well orensure that the water obtained from the well has been sampled and tested by acertified laboratory in accordance with rules adopted by the Commission forPublic Health. The water shall be tested for the following parameters: arsenic,barium, cadmium, chromium, copper, fluoride, lead, iron, magnesium, manganese,mercury, nitrates, nitrites, selenium, silver, sodium, zinc, pH, and bacterialindicators. The local health department also shall test the water obtained fromthe well for the following parameters when required to do so pursuant to rulesadopted by the Commission for Public Health: methyl tert‑butyl ether,ethylene dibromide, 1,2‑dichloroethane, 1,2‑dichloropropane,isopropyl ether, benzene, toluene, ethylbenzene, xylenes, trichloroethylene,and tetrachloroethylene.
(i) Commission forPublic Health to Adopt Drinking Water Testing Rules. The Commission forPublic Health shall adopt rules governing the sampling and testing of wellwater and the reporting of test results. The rules shall allow local healthdepartments to designate third parties to collect and test samples and reporttest results. The rules shall also provide for corrective action and retestingwhere appropriate. The Commission for Public Health may by rule require testingfor additional parameters if the Commission makes a specific finding thattesting for the additional parameters is necessary to protect public health.
(j) Test Results. Thelocal health department shall provide test results to the owner of the newlyconstructed private drinking water well and, to the extent practicable, to anyleaseholder of a dwelling unit or other facility served by the well at the timethe water is sampled.
(k) Registry of Permitsand Test Results. Each local health department shall maintain a registry ofall private drinking water wells for which a construction permit or repairpermit is issued. The registry shall specify the physical location of eachprivate drinking water well and shall include the results of all tests of waterfrom each well. The local health department shall retain a record of theresults of all tests of water from a private drinking water well until the wellis properly closed in accordance with the requirements of this Article andrules adopted pursuant to this Article.
(l) Authority NotLimited. This section shall not be construed to limit any authority of localboards of health, local health departments, the Department of Health and HumanServices, or the Commission for Public Health to protect public health. (2006‑202, s. 4; 2006‑259,ss. 50(b), 50(c), 51; 2007‑182, s. 2; 2007‑495, s. 1; 2008‑198,s. 1; 2009‑124, ss. 1, 3.)
§ 87‑97. (See Editor'snote for effective date) Permitting, inspection, and testing of privatedrinking water wells.
(a) Mandatory LocalWell Programs. Each county, through the local health department that servesthe county, shall implement a private drinking water well permitting,inspection, and testing program. Local health departments shall administer theprogram and enforce the minimum well construction, permitting, inspection,repair, and testing requirements set out in this Article and rules adoptedpursuant to this Article.
(b) Permit Required. Exceptfor those wells required to be permitted by the Environmental ManagementCommission pursuant to G.S. 87‑88, no person shall:
(1) Construct or assistin the construction of a private drinking water well unless a constructionpermit has been obtained from the local health department.
(2) Repair or assist inthe repair of a private drinking water well unless a repair permit has beenobtained from the local health department, except that a permit shall not berequired for the repair or replacement of a pump or tank.
(c) Permit Not Requiredfor Maintenance or Pump Repair or Replacement. A repair permit shall not berequired for any private drinking water well maintenance work that does notinvolve breaking or opening the well seal. A repair permit shall not berequired for any private drinking water well repair work that involves only therepair or replacement of a pump or tank.
(d) Well SiteEvaluation. The local health department shall conduct a field investigationto evaluate the site on which a private drinking water well is proposed to belocated before issuing a permit pursuant to this section. The fieldinvestigation shall determine whether there is any abandoned well located onthe site, and if so, the construction permit shall be conditioned upon theproper closure of all abandoned wells located on the site in accordance withthe requirements of this Article and rules adopted pursuant to this Article. Ifa private drinking water well is proposed to be located on a site on which awastewater system subject to the requirements of Article 11 of Chapter 130A ofthe General Statutes is located or proposed to be located, the application fora construction permit shall be accompanied by a plat or site plan, as definedin G.S. 130A‑334.
(e) Issuance of Permit. The local health department shall issue a construction permit or repairpermit if it determines that a private drinking water well can be constructedor repaired and operated in compliance with this Article and rules adoptedpursuant to this Article. The local health department may impose any conditionson the issuance of a construction permit or repair permit that it determines tobe necessary to ensure compliance with this Article and rules adopted pursuantto this Article.
(f) Expiration andRevocation. A construction permit or repair permit shall be valid for aperiod of five years except that the local health department may revoke apermit at any time if it determines that there has been a material change inany fact or circumstance upon which the permit is issued. The foregoing shallbe prominently stated on the face of the permit. The validity of a constructionpermit or a repair permit shall not be affected by a change in ownership of thesite on which a private drinking water well is proposed to be located or islocated if the location of the well is unchanged and the well and the facilityserved by the well remain under common ownership.
(f1) Chlorination of theWell. Upon completion of construction of a private drinking water well, thewell shall be sterilized in accordance with the standards of drinking waterwells established by the United States Public Health Service.
(g) Certificate ofCompletion. Upon completion of construction of a private drinking water wellor repair of a private drinking water well for which a permit is required underthis section, the local health department shall inspect the well to determinewhether it was constructed or repaired in compliance with the constructionpermit or repair permit. If the local health department determines that theprivate drinking water well has been constructed or repaired in accordance withthe requirements of the construction permit or repair permit, the constructionand repair requirements of this Article, and rules adopted pursuant to thisArticle, the local health department shall issue a certificate of completion.No person shall place a private drinking water well into service without firsthaving obtained a certificate of completion. No person shall return a privatedrinking water well that has undergone repair to service without first havingobtained a certificate of completion.
(h) (Effective untilOctober 1, 2010) Drinking Water Testing. Within 30 days after it issues acertificate of completion for a newly constructed private drinking water well,the local health department shall test the water obtained from the well orensure that the water obtained from the well has been sampled and tested by acertified laboratory in accordance with rules adopted by the Commission forPublic Health. The water shall be tested for the following parameters: arsenic,barium, cadmium, chromium, copper, fluoride, lead, iron, magnesium, manganese,mercury, nitrates, nitrites, selenium, silver, sodium, zinc, pH, and bacterialindicators.
(h) (EffectiveOctober 1, 2010) Drinking Water Testing. Within 30 days after it issues acertificate of completion for a newly constructed private drinking water well,the local health department shall test the water obtained from the well orensure that the water obtained from the well has been sampled and tested by acertified laboratory in accordance with rules adopted by the Commission forPublic Health. The water shall be tested for the following parameters: arsenic,barium, cadmium, chromium, copper, fluoride, lead, iron, magnesium, manganese,mercury, nitrates, nitrites, selenium, silver, sodium, zinc, pH, and bacterialindicators. The local health department also shall test the water obtained fromthe well for the following parameters when required to do so pursuant to rulesadopted by the Commission for Public Health: methyl tert‑butyl ether,ethylene dibromide, 1,2‑dichloroethane, 1,2‑dichloropropane,isopropyl ether, benzene, toluene, ethylbenzene, xylenes, trichloroethylene,and tetrachloroethylene.
(i) Commission forPublic Health to Adopt Drinking Water Testing Rules. The Commission forPublic Health shall adopt rules governing the sampling and testing of wellwater and the reporting of test results. The rules shall allow local healthdepartments to designate third parties to collect and test samples and reporttest results. The rules shall also provide for corrective action and retestingwhere appropriate. The Commission for Public Health may by rule require testingfor additional parameters if the Commission makes a specific finding thattesting for the additional parameters is necessary to protect public health.
(j) Test Results. Thelocal health department shall provide test results to the owner of the newlyconstructed private drinking water well and, to the extent practicable, to anyleaseholder of a dwelling unit or other facility served by the well at the timethe water is sampled.
(k) Registry of Permitsand Test Results. Each local health department shall maintain a registry ofall private drinking water wells for which a construction permit or repairpermit is issued. The registry shall specify the physical location of eachprivate drinking water well and shall include the results of all tests of waterfrom each well. The local health department shall retain a record of theresults of all tests of water from a private drinking water well until the wellis properly closed in accordance with the requirements of this Article andrules adopted pursuant to this Article.
(l) Authority NotLimited. This section shall not be construed to limit any authority of localboards of health, local health departments, the Department of Health and HumanServices, or the Commission for Public Health to protect public health. (2006‑202, s. 4; 2006‑259,ss. 50(b), 50(c), 51; 2007‑182, s. 2; 2007‑495, s. 1; 2008‑198,s. 1; 2009‑124, ss. 1, 3.)
§ 87‑97. (See Editor'snote for effective date) Permitting, inspection, and testing of privatedrinking water wells.
(a) Mandatory LocalWell Programs. Each county, through the local health department that servesthe county, shall implement a private drinking water well permitting,inspection, and testing program. Local health departments shall administer theprogram and enforce the minimum well construction, permitting, inspection,repair, and testing requirements set out in this Article and rules adoptedpursuant to this Article.
(b) Permit Required. Exceptfor those wells required to be permitted by the Environmental ManagementCommission pursuant to G.S. 87‑88, no person shall:
(1) Construct or assistin the construction of a private drinking water well unless a constructionpermit has been obtained from the local health department.
(2) Repair or assist inthe repair of a private drinking water well unless a repair permit has beenobtained from the local health department, except that a permit shall not berequired for the repair or replacement of a pump or tank.
(c) Permit Not Requiredfor Maintenance or Pump Repair or Replacement. A repair permit shall not berequired for any private drinking water well maintenance work that does notinvolve breaking or opening the well seal. A repair permit shall not berequired for any private drinking water well repair work that involves only therepair or replacement of a pump or tank.
(d) Well SiteEvaluation. The local health department shall conduct a field investigationto evaluate the site on which a private drinking water well is proposed to belocated before issuing a permit pursuant to this section. The fieldinvestigation shall determine whether there is any abandoned well located onthe site, and if so, the construction permit shall be conditioned upon theproper closure of all abandoned wells located on the site in accordance withthe requirements of this Article and rules adopted pursuant to this Article. Ifa private drinking water well is proposed to be located on a site on which awastewater system subject to the requirements of Article 11 of Chapter 130A ofthe General Statutes is located or proposed to be located, the application fora construction permit shall be accompanied by a plat or site plan, as definedin G.S. 130A‑334.
(e) Issuance of Permit. The local health department shall issue a construction permit or repairpermit if it determines that a private drinking water well can be constructedor repaired and operated in compliance with this Article and rules adoptedpursuant to this Article. The local health department may impose any conditionson the issuance of a construction permit or repair permit that it determines tobe necessary to ensure compliance with this Article and rules adopted pursuantto this Article.
(f) Expiration andRevocation. A construction permit or repair permit shall be valid for aperiod of five years except that the local health department may revoke apermit at any time if it determines that there has been a material change inany fact or circumstance upon which the permit is issued. The foregoing shallbe prominently stated on the face of the permit. The validity of a constructionpermit or a repair permit shall not be affected by a change in ownership of thesite on which a private drinking water well is proposed to be located or islocated if the location of the well is unchanged and the well and the facilityserved by the well remain under common ownership.
(f1) Chlorination of theWell. Upon completion of construction of a private drinking water well, thewell shall be sterilized in accordance with the standards of drinking waterwells established by the United States Public Health Service.
(g) Certificate ofCompletion. Upon completion of construction of a private drinking water wellor repair of a private drinking water well for which a permit is required underthis section, the local health department shall inspect the well to determinewhether it was constructed or repaired in compliance with the constructionpermit or repair permit. If the local health department determines that theprivate drinking water well has been constructed or repaired in accordance withthe requirements of the construction permit or repair permit, the constructionand repair requirements of this Article, and rules adopted pursuant to thisArticle, the local health department shall issue a certificate of completion.No person shall place a private drinking water well into service without firsthaving obtained a certificate of completion. No person shall return a privatedrinking water well that has undergone repair to service without first havingobtained a certificate of completion.
(h) (Effective untilOctober 1, 2010) Drinking Water Testing. Within 30 days after it issues acertificate of completion for a newly constructed private drinking water well,the local health department shall test the water obtained from the well orensure that the water obtained from the well has been sampled and tested by acertified laboratory in accordance with rules adopted by the Commission forPublic Health. The water shall be tested for the following parameters: arsenic,barium, cadmium, chromium, copper, fluoride, lead, iron, magnesium, manganese,mercury, nitrates, nitrites, selenium, silver, sodium, zinc, pH, and bacterialindicators.
(h) (EffectiveOctober 1, 2010) Drinking Water Testing. Within 30 days after it issues acertificate of completion for a newly constructed private drinking water well,the local health department shall test the water obtained from the well orensure that the water obtained from the well has been sampled and tested by acertified laboratory in accordance with rules adopted by the Commission forPublic Health. The water shall be tested for the following parameters: arsenic,barium, cadmium, chromium, copper, fluoride, lead, iron, magnesium, manganese,mercury, nitrates, nitrites, selenium, silver, sodium, zinc, pH, and bacterialindicators. The local health department also shall test the water obtained fromthe well for the following parameters when required to do so pursuant to rulesadopted by the Commission for Public Health: methyl tert‑butyl ether,ethylene dibromide, 1,2‑dichloroethane, 1,2‑dichloropropane,isopropyl ether, benzene, toluene, ethylbenzene, xylenes, trichloroethylene,and tetrachloroethylene.
(i) Commission forPublic Health to Adopt Drinking Water Testing Rules. The Commission forPublic Health shall adopt rules governing the sampling and testing of wellwater and the reporting of test results. The rules shall allow local healthdepartments to designate third parties to collect and test samples and reporttest results. The rules shall also provide for corrective action and retestingwhere appropriate. The Commission for Public Health may by rule require testingfor additional parameters if the Commission makes a specific finding thattesting for the additional parameters is necessary to protect public health.
(j) Test Results. Thelocal health department shall provide test results to the owner of the newlyconstructed private drinking water well and, to the extent practicable, to anyleaseholder of a dwelling unit or other facility served by the well at the timethe water is sampled.
(k) Registry of Permitsand Test Results. Each local health department shall maintain a registry ofall private drinking water wells for which a construction permit or repairpermit is issued. The registry shall specify the physical location of eachprivate drinking water well and shall include the results of all tests of waterfrom each well. The local health department shall retain a record of theresults of all tests of water from a private drinking water well until the wellis properly closed in accordance with the requirements of this Article andrules adopted pursuant to this Article.
(l) Authority NotLimited. This section shall not be construed to limit any authority of localboards of health, local health departments, the Department of Health and HumanServices, or the Commission for Public Health to protect public health. (2006‑202, s. 4; 2006‑259,ss. 50(b), 50(c), 51; 2007‑182, s. 2; 2007‑495, s. 1; 2008‑198,s. 1; 2009‑124, ss. 1, 3.)
