Environmental Management Commission May 9, 2019 Recommendation to

Environmental Management Commission May 9, 2019 Recommendation to Approve Hearing Officers Report, Regulatory Impact Analysis and Fiscal Note, and to Re-adopt Well Construction Rules Hearing Officers: EMC Commissioners Steve Keen, Julie Wilsey, Mitch Gillespie DWR Staff: Debra Watts, Michael Rogers, Shristi Shresta DHHS Staff: Wilson Mize, John Brooks 15A NCAC 02C Well Construction Standards Section .0100 Criteria and Standards Applicable to Water Supply and Certain Other Wells Section .0200 Criteria and Standards Applicable to Injection Wells Section .0300 Permitting and Inspection of Private Drinking Water Wells

2 Schedule for Re-Adoption Action / Request 3 Date GWWMC approved 02C rule drafts to proceed to EMC November 8, 2017 Regulatory impact analysis (RIA) for 2C .0100 and .0200 approved

January 25, 2018 Fiscal note for 2C .0300 approved April 6, 2018 Requested EMC to approve draft rules and fiscal note to proceed to public notice and hearings May 10, 2018 Public notice and hearings CANCELED due to SL 2018-65 June thru August 2018 Requested EMC to approve revised rules and Regulatory

Impact Analysis to proceed to public notice and hearings September 2018 Public notice and hearings October through December 2018 Submitted Hearing Officer report with rule recommendations April 2019 Request EMC approve Hearing Officer report, RIA & Fiscal Note, and re-adopt rules May 2019

RRC review and approve rules June 2019 Rules effective in NCAC July 2019 Well Construction Public Hearings Four Public Hearings were held in December Wilmington NC -- December 4, 2018 in Morganton NC -- December 6, 2018 Raleigh NC December 11, 2018 Williamston NC December 13, 2018

Five (5) citizens attended the public hearings Four (4) of the attendees presented oral comments Thirty (30) total written and oral comments were received 4 Summary of Key Comments 5 Well Construction Standards: Lead Free Comments Received (1) Lack of details for the term lead free was a concern. Suggested that the rules be revised to cite specific standards, etc.

HO recommendation: Agree. Added National Sanitation Foundation (NSF) standards and costs to rules that cite lead free, as required by G.S. 150B-21.6. 6 Well Construction Standards: Permits Required > 100,000 gal/day Comments Received (2) Well Contractor doesnt know how much water will be used when well is drilled. Once the well is constructed, see how much water is produced and then require a permit. HO recommendation: Disagree. North Carolina Well Construction Act, GS 87-88(a), states Private

drinking water wells (i) with a designed capacity of 100,000 gallons per day or greater requires a permit. Design capacity does not state the well will produce this amount of water, but is designed so that it has the capability to do so. No change to the rule. 7 Well Construction Standards: Direct Push Technology Comments Received (1) DWMs Underground Storage Tank Section uses direct-push technology to perform Rapid Site Assessments (test soils). UST concerned when probes are advanced to a depth that inadvertently intersects the water table. Land Owners have to obtain a monitoring well permit, which would be a considerable cost to the State Trust fund. Revised rule could make the Rapid Site Assessment cost prohibitive.

HO recommendation: Agree. Added language to distinguish between the soil testing and monitoring well installation. 8 Well Construction Standards: Costs for Standards Comments Received (6) Requested costs be removed from rules that require standards. Costs may change without notice; interested parties can contact American Water Works Association to get current costs. HO recommendation: Agree; however, cost of publications is required according to G.S. 150B21.6, as well as where copies of the referenced material can be obtained. No change to the rules except for editorial changes to ensure consistency with similar rules.

9 Well Construction Standards: Stormwater Retention Ponds Comments Received (2) Stormwater retention ponds were added as examples of surface water bodies that act as sources of groundwater recharge. Many stormwater management devices are incorrectly deferred to as retention ponds. Either amend the set back addressing surface water bodies as simply Surface water bodies which act as sources of groundwater recharge and delete examples, or Evaluate the state stormwater BMP manual and identify specific devices which act as a source of recharge. HO recommendation:

Agree. Deleted added language stormwater retention pond and reverted to the original language. 10 Well Construction Standards: SL 2018-65 Comments Received (4) SL 2018-65, Section 4, amended casing, grouting and setbacks for Single Family Residences. Commenter asked if all 100 counties ok with setbacks? Other commenters wanted to know where the numbers for casing and grouting came from, e.g. source must be 35 feet below land surface vs 43 feet below land surface. HO recommendation: Changes were required by Session Law 2018-65 Section 4. According to DHHS legal staff, the Session Law overrides any local rule.

11 Well Construction Standards: Grout Comments Received (2) Requirement of 3 feet of cement or bentonite chips from land surface to 3 feet below land surface is burdensome. Existing slurry grout is as tight and durable as cement. Rule allows grout to be emplaced in the annular space by gravity flow. bentonite chips or pellets may be used if water is present and if designed for that purpose. How do you know if designed for this purposed? For compressed pellets, can bentonite chips be used? HO recommendation: Disagree with 1st comment. The percent solids is much lower in pumpable grouts and a 3 foot grout is recommended by the manufacturer. Disagree with 2nd comment. The well contractor is responsible for knowing their

Bentonite product and whether it meets manufacturing specification. No change to the rules. 12 Well Construction Standards: Rescinded Rule Comments Received (1) 15A NCAC 02C .0107(j)(2)(E)(viii) requires identification plates to be stamped to show the well construction permit number or numbers if a permit is required. Session Law 2014-120 rescinds this rule. HO recommendation: Agree. Deleted 15A NCAC 02C .0107(j)(2)(E)(viii). 13

Well Construction Standards: Pump ID Plate Comments Received (2) The well contractors ID plate must be stamped, not engraved. Pump installers should be held to the same standard as well contractors. Remove the option of engraved, and only allow stamped information plates. HO recommendation: Disagree. This will be burdensome to the local health department (LHD)to follow up. This does not consider that homeowners do many pump installations themselves and may not have stamping equipment. No change to the rule. 14 Well Construction Standards:

Pitless Adapters Comments Received (1) The excavation surrounding the casing and pitless device is filled with grout from the top of the casing grout to the land surface. Pouring grout around pitless adapter using cement is counter intuitive. This would never be able to repair. This is a problem. Pit adapted would be damaged. How about nothing around pitless adapter? What about using bentonite? HO recommendation: Bentonite chips or non-pumpable bentonite is already permitted. The current rule was changed to address pitless adapter in 2009. No change to the rule. 15 Well Construction Standards:

24 Hour Pump Tests Comments Received (1) Difficulty for groundwater levels to stabilize during 24-hour pump tests in the Coastal Plain. Multiple aquifers have too much recharge/flow for wells to stabilize; therefore, well contractors will not be able to comply to this rule. Rise and fall of water table is function of aquifer, not well construction. HO recommendation: Disagree with the comment. The rule already states the stabilization doesn't apply to testing in Coastal Plain. No change to the rule. 16 Well Construction Standards: Water Level Measurements

Comments Received (1) All water level measurements shall be made within an accuracy of plus or minus one inch. What about 1 inch or 1/10 of a foot based on electric tape used? Electric or steel tape must be used for water level measurement as stated in the rules. HO recommendation: Agree. Changed the rule to accuracy of plus or minus one inch, or to .1 foot. 17 Well Construction Standards: Wells in Coastal Plain Comments Received (1) Industrial, irrigation and wells serving a public water supply system must

be tested for capacity by certain methods. it is not clear if this requirement applies to wells installed in Coastal Plain (CP) or other parts of the state, or both. HO recommendation: Disagree. The beginning of the rule states for every industrial well, irrigation well, etc. There are some exceptions for the Coastal Plain, but this is plainly stated under the methods listed. No change in the rules. 18 Well Construction Standards: Disinfection Comments Received (1) A demonstration that after disinfection is complete, the water within the well will meet either the EPA and NSF standards or 15A NCAC 02L groundwater standards.

The change will allow greater flexibility to approving authority, potentially more options for disinfection, and will bring this 2C rule into compliance with the state statute. HO recommendation: Disagree. 15A NCAC 2L .0200, otherwise known as groundwater standards, are the standards used throughout the state, and referred to in all state regulations. EPA does not have groundwater standards. Also, NSF standards apply to specific products and do not necessarily address the quality of the groundwater. The 15A NCAC 2L .0200 standards are specifically developed to protect the quality of the groundwater. No change in the rules. 19 Well Construction Standards: Revisions Supported Comments Received (2)

Commenters agreed and supported several of the rule changes. Changing the term outer casing to well head in reference to completing a repair above land surface. Eliminating the requirement to grout a well before abandoning the well. HO recommendation: No change to the rule. 20 Well Construction Standards: Pump Installation Comments Received (1) If installing a pump in a well, a record of construction should be submitted to the Division. For water supply wells, this same record shall be submitted to the Local

Health Department. HO recommendation: Disagree. NC Well Construction Act requires Any person completing or abandoning any well shall furnish the Environmental Management Commission a certified record of the construction or abandonment of such wellafter completion of construction or abandonment [G.S. 87-88(b)]. Pumps are not regulated under the North Carolina Well Construction Act. No change to the rule. 21 Well Construction Standards: Known Source of Contamination Comments Received (1) The construction permit shall reference documentation from DEQ's published inventories of known releases of contamination within 1,000 feet of the proposed well site, and any known risk of constructing the well related to those findings. (SL 2013-413)

Will known risks be a part of the information in DEQs published inventories? Will guidance clarify how to access DEQs published inventories be provided to local health departments? HO recommendation: DEQ is developing a web tool where the location of known releases of contamination will be available to the public. Web tool will be made available when the rules are adopted. An explanation on how to use this tool will be addressed through guidance and training for the local health department and regional staff. 22 15A NCAC 02C Well Construction Standards Thirty (30) total written and oral comments were received

Ten rules are proposed to be revised (three editorial only). Recommend the EMC approve Hearing Officers Report, Regulatory Impact Analysis and Fiscal Note, and Re-adopt Well Construction Rules. 23 Questions? Debra Watts Animal Feeding Operations & Groundwater Protection Branch Division of Water Resources [email protected] 919-707-3670 Wilson Mize

On-Site Water Protection Branch Department of Heath and Human Services [email protected] 919-270-9665 24

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