Current through Register Vol. 39, No. 6, September 16, 2024
(a) A water supply
for which requirements are established in this Subchapter, shall be from a
community water supply regulated pursuant to
15A NCAC
18C or from a supply located, constructed,
maintained, and operated in accordance with this Section.
(b) The requirements found in Rules .1720(c)
through .1728 of this Section shall not apply to community water
supplies.
(c) The following setback
requirements shall apply:
(1) A well shall
not be located in an area propensity for flooding. Areas which have a
propensity for flooding include those with concave slope, alluvial or colluvial
soils, gullies, depressions or drainage ways.
(2) A well constructed on or after July 1,
1993 shall be located at a minimum horizontal distance from:
(A) Septic tank or nitrification field; 100
ft.
(B) Other subsurface ground
absorption waste disposal; 100 ft.
(C) Industrial or municipal sludge spreading
or wastewater irrigation site; 100 ft.
(D) Watertight sewage or liquid-waste
collection or transfer facility; 50 ft.
(E) Other sewage or liquid-waste collection
or transfer facility; 100 ft.
(F)
Animal feedlot or manure pile; 100 ft.
(G) Fertilizer, pesticide, herbicide or other
chemical storage area; 100 ft.
(H)
Non-hazardous waste storage, treatment or disposal lagoon; 100 ft.
(I) Sanitary landfill; 500 ft.
(J) Other non-hazardous solid waste landfill;
100 ft.
(K) Animal barn; 100
ft.
(L) Building foundation; 50
ft.
(M) Surface water body; 50
ft.
(N) Chemical or petroleum fuel
underground storage tank regulated under
15A NCAC
02N:
(i)
with secondary containment; 50 ft.
(ii) without secondary containment; 100
ft.
(O) Any other source
of groundwater contamination. 100 ft.
(3) For a well constructed prior to July 1,
1993, the minimum horizontal distances specified in Parts (C)(2)(A), (B), (D),
and (L) of this Rule shall be reduced to no less than the following:
(A) Septic tank or nitrification field; 50
ft.
(B) Other subsurface ground
absorption waste disposal system; 50 ft.
(C) Water-tight sewage or liquid-waste
collection or transfer facility; 25 ft.
(D) Building foundation. 25 ft.
(4) A well constructed prior to
July 1, 1993 serving an establishment regulated under
15A NCAC
18A in operation prior to July 1, 1993 shall
be required to meet only the following minimum horizontal distance
requirements:
(A) Septic tank or nitrification
field; 50 ft.
(B) Other subsurface
ground absorption waste disposal system. 50 ft.
(5) An owner, licensee or permittee shall not
place or have placed a new source of contamination within the minimum
horizontal distances in Subparagraphs (c)(1)-(4) of this Rule.
(6) If different minimum horizontal distances
requirements are set by the Division of Environmental Management pursuant to
15A NCAC
02C .0118 and
02C .0119, those minimum
horizontal distance requirements shall be used. The owner, licensee or
permittees shall provide a written copy of the adjusted minimum horizontal
distance requirements from the Division of Environmental Management to the
local health department.
Authority
G.S.
95-225;
130A-5(3);
130A-230;
130A-235;
130A-236;
130A-248;
130A-257;
Eff.
September 1, 1990;
Amended Eff. May 1, 1996; July 1,
1993;
Temporary Amendment Eff. May 25, 1998; May 5, 1998; March 1,
1998;
Temporary Amendment (March 1, 1998) Expired December 11,
1998;
Temporary Amendment (May 5, 1998) Expired January 26,
1999;
Temporary Amendment (May 25, 1998) Expired March 12,
1999;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. July 20,
2019.
