Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects

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58 DEVELOPMENTS LOCATED IN THE CITY AND THE COUNTY SECTION 3. G.S. 160A-365 reads as rewritten: "§ 160A-365. Enforcement of ordinances. (aa,) Subject to the provisions of the ordinance, any ordinance adopted pursuant to authority conferred by this Article may be enforced by any remedy provided by G.S. 160A-175. When any ordinance adopted pursuant to authority conferred by this Article is to be applied or enforced in any area outside the territorial jurisdiction of the city as described in G.S. 160A-360(a), the city and the property owner shall certify that the application or enforcement of the city ordinance is not under coercion or otherwise based upon any representation by the city that the city's approval of any land use planning would be withheld from the property owner without the application or enforcement of the city ordinance outside the territorial jurisdiction of the city. The certification may be evidenced by a signed statement of the parties on any approved plat recorded in accordance with this Article." WELL DRILLING CHANGES SECTION 3.5.(a) G.S. 87-97 reads as rewritten: "§ 87-97. Permitting,inspection, and testing of private drinking water wells. (a) Mandatory Local Well Programs. — Each county, through the local health department that serves the county, shall implement a private drinking water well permitting, inspection, and testing program. Local health departments shall administer the program and enforce the minimum well construction, permitting, inspection, repair, and testing requirements set out in this Article and rules adopted pursuant to this Article. No person shall unduly delay or refuse to permit a well that can be constructed or repaired and operated in compliance with the requirements set out in this Article and rules adopted pursuant to this Article. (al) Use of Standard Forms. — Local well programs shall use the standard forms created by the Department for all required submittals and shall not create their own f ffis ,,,,l°s by, e of„ leeal f tm di ff refit"m tLe f f ttsed by the r epat:tme„A.forms. (b) Permit Required. — Except for those wells required to be permitted by the Environmental Management Commission pursuant to G.S. 87-88, no person shall: (1) Construct or assist in the construction of a private drinking water well unless a construction permit has been obtained from the local health department. (2) Repair or assist in the repair of a private drinking water well unless a repair permit has been obtained from the local health department, except that a permit shall not be required for the repair or replacement of a pump or tank. Permit to Include Authorization for Electrical. — When a permit is issued under this section, that permit shall also be deemed to include authorization for the installation, construction, maintenance, or repair of electrical wiring, devices, appliances, or equipment by a person certified as a well contractor under Article 7A of this Chapter when running electrical wires from the well pump to the pressure switch. The local health department shall be responsible for notifying the appropriate building inspector of the issuance of the well permit. (c) Permit Not Required for Maintenance or Pump Repair or Replacement. — A repair permit shall not be required for any private drinking water well maintenance work that does not involve breaking or opening the well seal. A repair permit shall not be required for any private drinking water well repair work that involves only the repair or replacement of a pump or tank. (d) Well Site Evaluation. — The local health department shall conduct a field investigation to evaluate the site on which a private drinking water well is proposed to be located before issuing a permit pursuant to this section. The field investigation shall determine whether there is any abandoned well located on the site, and if so, the construction permit shall be conditioned upon the proper closure of all abandoned wells located on the site in accordance with the requirements of this Article and rules adopted pursuant to this Article. If a private drinking water well is proposed to be located on a site on which a wastewater system subject to the requirements of Article 11 of Chapter 130A of the General Statutes is located or proposed to be located, the application for a construction permit shall be accompanied by a plat or site plan, as defined in G.S. 130A-334. House Bill 44-Ratified Session Law 2015-246 Page 3