§ 87-87. Authority to adopt rules, regulations, and procedures. - North Carolina Statutes

§ 87‑87.  Authority toadopt rules, regulations, and procedures.

The Environmental ManagementCommission shall adopt rules governing the location, construction, repair, andabandonment of wells, the operation of water wells or well systems with adesigned capacity of 100,000 gallons per day or greater, and the installationand repair of pumps and pumping equipment. The Environmental ManagementCommission shall be responsible for the administration of this Article andshall:

(1)        Hold publichearings, upon not less than 30 days' prior notice setting forth the date,place, and time of hearing, and the proposed rules and regulations to beconsidered at said public hearing, which notice shall be published in one ormore newspapers having general circulation throughout the State, in connectionwith proposed rules and regulations and amendments thereto.

(2)        Enforce theprovisions of this Article, and any rules and regulations not inconsistent withthe provisions of this Article adopted pursuant thereto.

(3)        Establish proceduresand forms for the submission, review, approval, and rejection of applications,notifications, and reports required under this Article.

(4)        Issue suchadditional regulations as may be necessary to carry out the provisions of thisArticle.

(5)        Neither adopt norenforce any rule or regulation that concerns the civil liability of an owner toa well driller for any costs or expenses of drilling and installing a well forthe owner.

(6)        Adopt rulesgoverning the permitting and inspection by the Commission of private drinkingwater wells with a designed capacity of 100,000 gallons per day or greater.

(7)        Adopt rulesgoverning the permitting and inspection by local health departments of privatedrinking water wells pursuant to G.S. 87‑97. (1967, c. 1157, s. 5; 1973,c. 1262, s. 23; 1985, c. 728, s. 4; 1987, c. 496, s. 4; 2006‑202, s. 2.)