§ 87-88. General standards and requirements.
§ 87‑88. Generalstandards and requirements.
(a) Prior Permission. Prior permission shall be obtained from the Environmental Management Commissionfor the construction of (i) any water well or of well systems with a designedcapacity of 100,000 gallons per day or greater; and (ii) of any well in ageographical area where the Environmental Management Commission finds, afterpublic hearings, such permission to be reasonably necessary to protect thegroundwater resources and the public welfare, safety and health, taking intoconsideration other applicable State laws; provided, however, that theEnvironmental Management Commission shall not reject any application under thissubsection for permission to construct a well except upon the ground that thewell would not be in compliance with a provision of this Article or with a ruleor regulation of the Environmental Management Commission adopted pursuant tothe provisions of G.S. 87‑87 of this Article. Notification of approval orrejection of an application for permission to construct a well shall be giventhe applicant within a period of 15 days after receipt of such application.Private drinking water wells (i) with a designed capacity of 100,000 gallonsper day or greater or (ii) that are to be constructed in a geographical areawhere the Environmental Management Commission has found that prior permissionis necessary shall be subject to permitting and inspection by the EnvironmentalManagement Commission and shall not be subject to permitting and inspection by alocal health department. All other private drinking water wells shall besubject to permitting and inspection by the local health department as providedin G.S. 87‑97.
(b) Reports. Anyperson completing or abandoning any well shall furnish the EnvironmentalManagement Commission a certified record of the construction or abandonment ofsuch well within a period of 30 days after completion of construction orabandonment.
(c) Prevention ofContamination. Every well shall be constructed and maintained in a conditionwhereby it is not a source or channel of contamination of the groundwatersupply or any aquifer. Wells subject to the provisions of subdivision (a)(i) ofthis section shall be operated in such a way that they shall not cause theviolation of applicable groundwater quality standards. Contamination as usedherein shall mean the act of introducing into water foreign materials of such anature, quality, and quantity as to cause degradation of the quality of thewater.
(d) Valves and Casingon Flowing Artesian Wells. Valves and casing on all flowing artesian wellsshall be maintained in a condition so that the flow of water can be completelystopped when the well is not being put to a beneficial use. Valves shall beclosed when a beneficial use is not being made.
(e) Access Port. Everywater‑supply well and such other wells, as may be specified by theEnvironmental Management Commission, shall be equipped with a usable accessport or air line and to be a minimum of 0.5 inch inside diameter opening sothat the position of the water level can be determined at any time. Such portshall be installed and maintained in such manner as to prevent entrance ofwater or foreign material.
(f) Mineralized Water. Whenever a water‑bearing stratum or aquifer that contains nonpotablemineralized water is encountered in well construction, the stratum shall beadequately cased or cemented off as conditions may require so thatcontamination of the overlying or underlying groundwater zones will not occur.
(g) Polluted Water. Inconstructing any well, all water‑bearing zones that are known to containpolluted water shall be adequately cased or cemented off so that pollution ofthe overlying and underlying groundwater zones will not occur.
(h) Well Test. Everywater‑supply well shall be tested for capacity by a method and for aperiod of time acceptable to the Department and depending on the intended useof the well.
(i) Chlorination ofthe Well. Upon completion of the well construction and pump installation, allwater‑supply wells installed for the purpose of obtaining groundwater forhuman consumption shall be sterilized in accordance with standards forsterilization of drinking water wells established by the U.S. Public HealthService.
(j) Use of Well forRecharge or Disposal. No well shall be used for recharge, injection ordisposal purposes without prior permission from the Environmental ManagementCommission.
(k) Abandonment ofWells.
(1) TemporaryAbandonment: When any well is temporarily removed from service, the top of thewell shall be sealed with a water‑tight cap or seal.
(2) PermanentAbandonment: Any well that is to be permanently abandoned shall be filled,plugged, or sealed in such a manner as to prevent the well from being a channelallowing the vertical movement of water and a source of contamination of thegroundwater supply.
(3) Abandonment of WaterSupply Wells for Other Use: Any water supply well that is removed from serviceas a potable water supply source may be used for other purposes, including, butnot limited to, irrigation, commercial use, or industrial use, and such well isnot subject to either subdivision (1) or (2) of this subsection during its usefor other purposes. (1967, c. 1157, s. 6; 1973, c. 476, s. 128; c. 1262, s. 23; 1987, c.496, s. 4; 1989, c. 727, s. 14; 1998‑212, s. 14.9B(a); 2006‑202, s.3; 2006‑259, s. 50(a).)