North Carolina General Statutes 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:
(1) 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.
Terms Used In North Carolina General Statutes 87-87
- Environmental Management Commission: means the North Carolina Environmental Management Commission or its successor, unless otherwise indicated. See North Carolina General Statutes 87-85
- pumping equipment: means any equipment or materials utilized or intended for use in withdrawing or obtaining groundwater including well seals. See North Carolina General Statutes 87-85
- Repair: means work involved in deepening, reaming, sealing, installing or changing casing depths, perforating, screening, or cleaning, acidizing or redevelopment of a well excavation, or any other work which results in breaking or opening the well seal. See North Carolina General Statutes 87-85
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Well: means any excavation that is cored, bored, drilled, jetted, dug or otherwise constructed for the purpose of locating, testing or withdrawing groundwater or for evaluating, testing, developing, draining or recharging any groundwater reservoirs or aquifer, or that may control, divert, or otherwise cause the movement of water from or into any aquifer. See North Carolina General Statutes 87-85
(2) Enforce the provisions of this Article, and any rules and regulations not inconsistent with the provisions of this Article adopted pursuant thereto.
(3) Establish procedures and forms for the submission, review, approval, and rejection of applications, notifications, and reports required under this Article.
(4) Issue such additional regulations as may be necessary to carry out the provisions of this Article.
(5) 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.
(6) 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.
(7) Adopt rules governing the permitting and inspection by local health departments of private drinking water wells pursuant to N.C. Gen. Stat. § 87-97 (1967, c. 1157, s. 5; 1973, c. 1262, s. 23; 1985, c. 728, s. 4; 1987, c. 496, s. 4; 2006-202, s. 2.)