Bill Text: NC H705 | 2011-2012 | Regular Session | Amended
Bill Title: Repeal Private Drinking Water Well Testing
Sponsorship: Strong Partisan Bill (Republican 11-1)
Status: (Introduced - Dead) 2011-04-07 - Ref To Com On Environment [H705 Detail]
Download: North_Carolina-2011-H705-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 705
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Short Title: Repeal Private Drinking Water Well Testing. |
(Public) |
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Sponsors: |
Representative Hager (Primary Sponsor). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Environment. |
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April 7, 2011
A BILL TO BE ENTITLED
AN ACT to repeal the law that requires each county, through the local health department, to implement a private drinking water well permitting, inspection, and testing program and to make statutory conforming changes.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 87‑97 is repealed.
SECTION 2. G.S. 87‑87(7) is repealed.
SECTION 3. G.S. 87‑88(a) reads as rewritten:
"(a) Prior Permission. � Prior permission shall be
obtained from the Environmental Management Commission for the construction of
(i) any water well or of well systems with a designed capacity of 100,000
gallons per day or greater; and (ii) of any well in a geographical area where
the Environmental Management Commission finds, after public hearings, such permission
to be reasonably necessary to protect the groundwater resources and the public
welfare, safety and health, taking into consideration other applicable State
laws; provided, however, that the Environmental Management Commission shall not
reject any application under this subsection for permission to construct a well
except upon the ground that the well would not be in compliance with a
provision of this Article or with a rule or regulation of the Environmental
Management Commission adopted pursuant to the provisions of G.S. 87‑87
of this Article. Notification of approval or rejection of an application for
permission to construct a well shall be given the applicant within a period of
15 days after receipt of such application. Private drinking water wells (i)
with a designed capacity of 100,000 gallons per day or greater or (ii) that are
to be constructed in a geographical area where the Environmental Management
Commission has found that prior permission is necessary shall be subject to
permitting and inspection by the Environmental Management Commission and shall
not be subject to permitting and inspection by a local health department. All
other private drinking water wells shall be subject to permitting and
inspection by the local health department as provided in G.S. 87‑97."
SECTION 4. G.S. 130A‑39(g) reads as rewritten:
"(g) A local board of health may impose a fee for
services to be rendered by a local health department, except where the
imposition of a fee is prohibited by statute or where an employee of the local
health department is performing the services as an agent of the State.
Notwithstanding any other provisions of law, a local board of health may impose
cost‑related fees for services performed pursuant to Article 11 of this
Chapter, "Wastewater Systems," for services performed pursuant to
Part 10, Article 8 of this Chapter, "Public Swimming Pools", for
services performed pursuant to Part 11, Article 8 of this Chapter, "Tattooing",
and for services performed pursuant to G.S. 87‑97.and "Tattooing."
Fees shall be based upon a plan recommended by the local health director and
approved by the local board of health and the appropriate county board or
boards of commissioners. The fees collected under the authority of this
subsection are to be deposited to the account of the local health department so
that they may be expended for public health purposes in accordance with the
provisions of the Local Government Budget and Fiscal Control Act."
SECTION 5. This act becomes effective July 1, 2011.
