HomeMy WebLinkAboutRA-613_3831_M_MISC_20220921_Person County Well Regulat
REGULATIONS GOVERNING WELL CONSTRUCTION
AND GROUNDWATER PROTECTION IN PERSON
COUNTY, NORTH CAROLINA
ADOPTED AUGUST 22, 1988
AMENDED JUNE 23, 2008
PERSON COUNTY HEALTH DEPARTMENT
ROXBORO, NORTH CAROLINA
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Table of Contents
Section I. General Provisions
Section II. Definitions
Section III. Contractor Certification and Registration
Section IV. Well Permitting and Inspection
Section V. Standards of Construction
Section VI. Well Maintenance and Repair
Section VII. Variances
Section VIII. Penalties
Section IX. Severability
Section X. Implied Guarantee
Section XI. Effective Date
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SECTION I . GENERAL PROVISIONS
(a) AUTHORIZATION. The Person County Board of Health is authorized under
the provisions of Chapter 130A-39 of the General Statutes of North Carolina to
adopt appropriate rules and regulations for the protection of the public health.
The Person County Board of Health is also authorized under provisions of
Chapter 87-96 and Chapter 87-97, of the General Statutes of North Carolina to
adopt by reference rules adopted by the Environmental Management
Commission and more stringent rules for the protection of public health.
(b) PURPOSE. The entire geographical area of Person County is vulnerable to
groundwater pollution from improperly located, constructed, operated, altered, or
abandoned water supply and other wells. Consistent with the responsibility to
advance and protect public health, it is the policy of the Person County Board of
Health to require that the location, construction, repair and abandonment of
water supply wells conform to such reasonable standards and requirements as
may be necessary to protect public health and the groundwater resources.
(c) SCOPE. No person shall construct, repair, abandon or cause to be
constructed, repaired or abandoned any well contrary to the provisions of these
regulations
(d) CONFLICT WITH OTHER LAWS AND REGULATIONS. The provisions of
any federal, state, or municipal law or regulation establishing standards affording
greater protection to the public welfare, safety, health and the groundwater
resources shall prevail within the jurisdiction of such agency or municipality over
standards established by these regulations.
(e) ADOPTION OF STATE RULES BY REFERENCE. The provisions contained
in Title 15A of the North Carolina Administrative Code Subchapter 2C Section
.0100 WELL CONSTRUCTION STANDARDS are adopted fully herein, including
any subsequent amendments and editions. Each of the Sections in these
regulations supplement or modify the state rules as indicated to provide more
stringent rules in Person County as authorized in G.S. 130A-39.
(f) INSPECTION. Before being used to supply water for human consumption, all
newly constructed wells shall be inspected and found to be in compliance with
the provisions of these regulations. Existing wells that are used to provide water
to new construction must be inspected and tested prior to being placed into use.
Permanent abandonment of any well or any repair to a well shall be inspected by
the Person County Health Department.
Emergency repairs to an existing well that are made outside of normal business
hours shall be in compliance with these regulations. A permit must be obtained
on the next regular working day.
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g) RESPONSIBILITIES OF WELL OWNERS It shall be unlawful for any person
or firm to rent or offer to rent, lease or offer for lease, any residence or place of
business which does not have a potable water supply. The owner, when required
by the Department, shall provide proof that the water supply meets the water
quality standards of these regulations.
SECTION II DEFINITIONS.
The definitions contained in Chapter 87-85 of the General Statutes of North
Carolina and the definitions of15A NCAC 02C .0102, 15A NCAC 02C .0302 and
in 15A NCAC 18A .3801 are included as fully set forth herein. In addition, the
following definitions apply throughout these regulations.
Board of Health means the Person County Board of Health.
Certificate of Completion means a certification by the Department that all
conditions of a well permit have been met.
Department means the Person County Health Department.
Director means the Director of the Person County Health Department or his/her
authorized representative.
Well Permit means a construction permit issued by the Department authorizing
or allowing the construction, repair, or abandonment of any well as defined in
these regulations.
SECTION III CONTRACTOR CERTIFICATION AND REGISTRATION
(a) WELL CONTRACTOR REGISTRATION
(1) All persons, firms or corporations engaging in well contractor activities
involving wells for irrigation, utility, or domestic use in Person County shall
be certified in accordance with 15A NCAC 27,Well Contractor Certification
Rules, Sections .0100- .0900 (Criteria and Standards Applicable to Well
Contractor Certification)
(2) Any person or firm who drills or constructs geothermal heat exchange
wells is required to be registered with the Department, and shall be
certified for those installations by the International Ground Source Heat
Pump Association or its equivalent.
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(b) PUMP INSTALLER REGISTRATION
(1) Breaking a well seal to install, replace, or repair well pumps or other
equipment in wells or disinfecting wells is considered a well contractor
activity per Chapter 87-98 of the General Statutes of North Carolina and of
15A NCAC 27 Well Contractor Certification. Persons performing these
activities are required to possess a Level D well contractor certification.
SECTION IV WELL PERMITTING AND INSPECTION
In addition to the requirements of Chapter 87-97 of the General Statutes of North
Carolina, 15A NCAC 02C Section .0100, the following shall apply:
(a) WELL PERMITS
(1) A complete application shall be submitted to the Health Department by
the property owner, or an authorized agent, who intends to construct,
repair, or abandon a water supply well.
(2) The fee for a permit to construct, repair, or abandon a well shall be
established by the Person County Board of Health and is payable to
Person County at the time the permit application is submitted.
(3) It shall be unlawful for any person to commence any well contractor
activities in Person County without first obtaining a permit from the
Director. A permit is valid for five years from the date of issuance.
(b) INSPECTION
(1) A copy of the permit must be on site during the construction,
repair, or abandonment of any water supply well.
(2) Required reports shall be certified by the well contractor or pump
installer completing the construction, repair, abandonment, or pump
installation and submitted to the Department within thirty days.
(2) Where a well is to be a source of water for human consumption, no
person shall allow permanent electrical service to a facility upon
construction, location or relocation until the official electrical inspector with
jurisdiction as provided in N.C.G.S. 143-143.2 certifies to the electrical
supplier that the required Certification of Completion has been issued.
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(3) The well contractor shall contact the Department to schedule a grout
or a well abandonment inspection the day before the activity. The well
contractor shall contact Person County Environmental Health for
scheduling during normal business hours.
SECTION V. STANDARDS OF CONSTRUCTION
In addition to the requirements of 15A NCAC 02C.0107, the following shall apply:
(a) Location:
(1) Wells shall be at least 10 feet from any property line
(2.) Wells should be at least 100 feet from any septic system or
designated septic system repair area, but shall in no case be less than 50
feet.
(3) No building foundation subject to termite treatment shall be placed
within 25 feet of a well.
(4) Each new lot proposed on or after the effective date of this regulation
shall include a well site, which meets the location requirements of this
section, or is served by a public water supply, or has access to an
approved water supply that will legally transfer with the property.
(b) Casing:
(1) If Thermoplastic Casing is used, then casing shall have a minimum
wall thickness and tolerance that meets or exceeds requirements for SDR-
21 thermoplastic water well casing pipe.
(2) All wells shall be cased from the land surface to a depth of at least 62’.
(c) Grouting:
(1) When used, bentonite grout shall be placed in the annular space in
accordance with the manufacturer’s specifications.
(d) Well head completion:
All wells installed in Person County are required to have a concrete slab
at least 3 ½ inches thick and extending at least 18 inches
beyond the casing.
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SECTION VI. WELL MAINTENANCE AND REPAIR
In addition to the requirements of 15A NCAC 02C .Section .0100, the following
shall apply:
(a) Well repair
The Director shall not approve any well having an entry below the land
surface.
Repairs or pump replacement on a wellhead terminating below the ground
surface shall require that the casing be extended 12 inches above the
ground surface and the well head completed in accordance with these
regulations. The casing extension shall be welded, bonded or sleeved to
achieve a structurally sound contiguous casing. Grout shall be placed
around the casing, extending from land surface to a depth of at least two
feet below the joint.
SECTION XII. VARIANCES
In addition to the requirements of 15A NCAC 02C .0118, the following shall
apply:
The Health Director may grant a variance from any construction standard under
the regulations of this section. Any variance request shall be in writing. A
variance may be granted if the Health Director finds facts to support the
following: (1) That the use of the well will not endanger human health or
contaminate groundwater, (2) That construction in accordance with these
regulations was not technically feasible in such a manner as to afford a
reasonable water supply at a reasonable cost. The Health Director may require
the variance applicant to submit such information as they deem necessary to
make a decision or to grant a variance. The Health Director may impose
conditions on a variance as deemed necessary to protect public health and
groundwater resources. Approval of a variance by the Health Director does not
remove the well contractor from liability or requirements of other local, state or
federal agencies.
SECTION. XIII PENALTIES
If any person violates any part of these regulations or willfully fails to perform any
acts required by these regulations, they shall be guilty of a misdemeanor and
shall be subject to sanctions as provided in N.C.G.S. 130A-25. The Health
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Director may also institute action in the Superior Court of Person County for
injunctive relief as provided by G.S. 130A-18.
SECTION IX SEVERABILITY
If any provision or clause of these regulations or the application thereof shall be
declared invalid by a court of competent jurisdiction, such declaration shall not
invalidate any other provision, clause, or application of these regulations.
SECTION X. IMPLIED GUARANTEE
These regulations, or adherence to these regulations, shall not be taken as a
guarantee of producing a safe potable water supply
SECTION XI. EFFECTIVE DATE
These rules and regulations adopted by the Person County Board of
Health on June 23, 2008, shall be effective on and after July 1, 2008.
SIGNED: _______________________________________
Chairman, Person County Board of Health
SIGNED _______________________________________
Director, Person County Health Department