§ 87-98.4. Well contractor certification required; exemptions. - North Carolina Statutes

§ 87‑98.4.  Wellcontractor certification required; exemptions.

(a)        CertificationRequired. – No person shall perform, manage, or supervise any well contractoractivity without being certified under this Article. A person who is not acertified well contractor or who is not employed by a certified well contractorshall not offer to perform any well contractor activity unless the personutilizes a certified well contractor to perform the well contractor activityand, prior to the performance of the well contractor activity, the persondiscloses to the landowner in writing the name of the certified well contractorwho will perform the well contractor activity, the certification number of thewell contractor, and the name of the company that employs the certified wellcontractor.

(b)        Exempt persons andactivities. – This Article does not apply to any of the following persons oractivities:

(1)        A person who isemployed by, or performs labor or services for, a certified well contractor inconnection with well contractor activity performed under the personalsupervision of the certified well contractor.

(2)        A person whoconstructs, repairs, or abandons a well that is located on land owned or leasedby that person.

(3)        A person who isemployed by a government agency and who performs well contractor activitysolely within the scope of the person's government employment.

(4)        A person who islicensed as a professional engineer under Chapter 89C of the General Statutes,a geologist under Chapter 89E of the General Statutes, or a soil scientistunder Chapter 89F of the General Statutes who uses a hand auger to collect soilor water samples or to measure water levels. This exemption does not includethe construction of a monitoring well.

(5)        Construction,repair, or abandonment of a well used for a temporary dewatering activity thatis associated with, and necessary to complete construction of, a utilitydistribution or collection system, a building or other structure, or atransportation system, if all of the following conditions are met:

a.         The dewatering wellis constructed solely for the purpose of removing water from or lowering thewater table in the immediate area of the construction activity.

b.         The dewatering wellis located within 25 feet of the excavation and is not greater than 25 feetdeeper than the excavation.

c.         The dewatering wellis abandoned in accordance with rules governing the abandonment of wellsadopted by the Environmental Management Commission pursuant to G.S. 87‑87within 30 days of installation of the well or within 10 days of completion ofthe project, whichever is later.

(6)        Construction,repair, or abandonment of a well used for a temporary dewatering activity thatis associated with the construction of a borrow pit if the dewatering activityis located within 15 feet of the proposed perimeter of the borrow pit.

(7)        Exploratory drillingfor mining‑related investigations.

(8)        Installation of awater level observation well on property for which a mining permit has beenissued under the Mining Act of 1971, Article 7 of Chapter 74 of the GeneralStatutes.

(9)        Drilling of a blasthole.

(10)      Installation of acathodic protection anode.

(11)      Installation of awetland monitoring gauge at a depth of eight feet or less for the purpose ofmonitoring fluctuations in the water table.

(12)      Installation of acaisson, piling, or structural pier.

(13)      A person who islicensed as a plumbing contractor under Article 2 of Chapter 87 of the GeneralStatutes who installs pumps or pumping equipment; installs, breaks, or reinstallsa well seal in accordance with G.S. 87‑85(6); or disinfects a wellincident to the installation, alteration, or replacement of pumps or pumpingequipment within or near a well. However, the plumbing contractor shallmaintain documentation of having attended a continuing education course thatcovered well seal installation, protection, and sanitation within the last twoyears prior to the work being performed. The State Board of Examiners ofPlumbing, Heating and Fire Sprinkler Contractors shall ensure that continuingeducation courses covering well seal installation, protection, and sanitationare available to licensed plumbing contractors during each six‑monthcontinuing education course schedule. The licensed plumbing contractor shallremain on‑site while the work is being performed until the well isdisinfected and sealed.

(c)        AdditionalExemptions. – In addition to the exemptions set out in subsection (b) of thissection, the Commission may exempt by rule a geophysical activity, constructionactivity, or other well contractor activity from the requirements of thisArticle if the Commission finds that the activity has a negligible impact onthe environment; public health, safety, and welfare; and the groundwaterresources of the State.  (1997‑358, s. 2; 1998‑129, s. 1; 2001‑440, s. 1.1;2005‑386, s. 9; 2009‑418, s. 1.)