Current law mandates that each county, through its local health department, implement a program for the inspection, testing, and issuing of permits for private drinking water wells. Amends GS 87-97(a) to prohibit causing undue delay or refusing to issue a permit to allow a well to be constructed or repaired and operated in compliance with the requirements and rules of Article 7 (North Carolina Well Construction Act), of GS Chapter 87. Amends GS 87-97(e) to prohibit denying a permit for a well that is in compliance with Article 7 on the basis of a local government policy that discourages or prohibits the drilling of new wells.
Repeals GS 143-355.2(a)(4), which required that a local government’s water shortage response plan not contain any provision that meters or regulates private drinking water wells, as defined in GS 87 85.
Amends subsection (h) of GS 143-355.2 to provide that this subsection, which authorizes a local government unit to impose more stringent water conservation measures than the minimum water conservation measures required under this section, is not to be construed to authorize a local government unit, public water supply system, or private supply system to regulate a well located outside of its jurisdiction, a well that is not connected to its water system, or any other private well. Provides that nothing in this subsection is construed to void or alter cross-jurisdictional agreements.
Amends GS 143-355.3(b) which provides for water shortage emergency powers and duties to clarify that in adopting rules governing the conservation and use of water within the water shortage emergency area or within the service area from which water is being diverted to address a water shortage, these conservation and diversion provisions are not to be construed as authorizing a local government unit, public water supply system, or private supply system to regulate a well located outside of its jurisdiction, a well that is not connected to its water system, or any other private well.