15A NCAC 02C .0304       PERMITTING

(a)  No person shall construct a private drinking water well without first obtaining a well construction permit from the Department.  No person shall repair a private drinking water well without first obtaining a well repair permit except a well repair permit is not required for maintenance or pump repair or replacement.  Disinfection in accordance with 15A NCAC 02C .0113 is a maintenance activity that does not require a repair permit.

(b)  Before issuing a well construction permit, the Department shall conduct a field investigation to evaluate the topography, landscape position, available space and potential sources of groundwater contamination on or around the site on which a private drinking water well is to be located.  The Department shall issue a private water well construction permit after determining the site can be permitted for a well meeting the rules of this Section.  Notwithstanding the above, the Department shall not issue a construction permit for a well in violation of restrictions regarding groundwater use established pursuant to G.S. 87-88(a).  The construction permit shall include a site plan showing the location of potential sources of contamination and area(s) suitable for well construction.  The Department shall issue a written notice of denial of a construction permit if it determines a private drinking water well cannot be constructed in compliance with the rules of this Section.  The notice of denial shall include reference to specific laws or rules that cannot be met and shall be provided to the applicant.

(c)  A well construction permit is valid for a period of five years except that the Department may revoke a permit at any time if it determines that there has been a material change in any fact or circumstance upon which the permit is issued.  The validity of a construction permit or a repair permit is not affected by a change in ownership of the site on which a private drinking water well is proposed to be located. Well construction permits issued under local well ordinances prior to the effective date of these Rules remain valid for the term of those permits unless those permits are suspended or revoked.  The Department may suspend or revoke any permits issued upon a determination that the rules of this Section have been violated.

(d)  If there is an improperly abandoned well(s) on the site, the construction permit shall be conditioned upon repair or abandonment of any improperly abandoned well(s) in accordance with the rules of 15A NCAC 02C .0100.


History Note:        Authority G.S. 87-87; 87-97;

Eff. July 1, 2008.