(a)  The Division may enter and inspect property in order to evaluate wells, pumps, metering equipment or other withdrawal or measurement devices and records of water withdrawals and water levels, if:

(1)           Persons conduct an activity that the Division believes requires the use of water at quantities that subject the person to regulation under these Rules;

(2)           A permittee or applicant has not provided data or information on use of water and wells and other water withdrawal facilities as required by these Rules; or

(3)           Water levels and chloride concentrations at the person's facility, or at nearby facilities or monitoring stations, indicate that aquifers may be damaged by overpumping or salt water encroachment, or other adverse affects that may be attributed to withdrawal by the person.

(b)  All information submitted to fulfill the requirements of these Rules, or to obtain a permit under these Rules, or obtained by inspection under these Rules, shall be treated as Confidential Business Information, if requested by the applicant, and found to be such by the Division. Reports defined in Rule .0502(g) of this Section are not considered Confidential Business Information.


History Note:        Authority G.S. 143-215.19;

Eff. August 1, 2002.