S.L. 2013-413 (H 74), sec. 35. Regulatory Reform: Private Well Permits
Section 35 of the 2013 Regulatory Reform Act amends G.S. 87-97, the law that requires local health departments to have a program for inspecting, testing, and permitting private drinking water wells. A local health department must issue a construction or repair permit for a well that meets health and safety requirements established in state or local rules.
Private Well Permits
Section 35 of the 2013 Regulatory Reform Act amends G.S. 87-97, the law that requires local health departments to have a program for inspecting, testing, and permitting private drinking water wells. A local health department must issue a construction or repair permit for a well that meets health and safety requirements established in state or local rules. Effective August 23, 2013, this legislation imposes a new time limit on the local health department’s actions: Upon receipt of an application to construct or repair a well, a local health department must determine whether the well can be constructed or repaired in compliance with applicable rules and issue or deny the permit within 30 days. If the department does not act within 30 days, the permit will automatically issue. If the local health department believes the automatic issuance is incorrect, it may challenge it by filing a petition for a contested case under the North Carolina Administrative Procedure Act.
The legislation also directs the Commission for Public Health to adopt rules regarding permits for private drinking water wells that are proposed to be located within 1000 feet of a known source of release of contamination. The rules must provide for notice and information about the contamination source and any known risks associated with the construction and use of a private drinking water well on the site.
Update: On August 30, 2013, the North Carolina Division of Public Health issued this position statement to clarify certain issues and explain how local health department employees who are responsible for ensuring compliance with private well regulations should apply the new law.