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HomeMy WebLinkAbout03/01/1995 BOH Minutes 8] I Dr. Spiro Macris called the regular business meeting of the New Hanover County Board of Health (NHCBH) to order at 8:00 A.M. on Wednesday, March 1, 1995, in the Carl Thomas Durham Auditorium, New Hanover County Health Department (NHCHD) , Wilmington, North Carolina. Members Present: Spiro J. Macris, DDS, Chairman Dennis L. Jackson, DVM, Vice-Chairman Mary Lou Alford, RN Thomas V. Clancy, MD John M. Coble Mary King Dean W. Keith Elmore, RPh. Robert G. Greer Edward L. Paul, Jr., OD Mark A. Veenstra, PE Estelle G. Whitted, RN Members Absent: Others Present: Robert S. (Bob) Parker, Health Director Frances De Vane, Recording Secretary I Mrs. Mary Lou Alford presented the invocation. Dr. Macris called for corrections to the minutes of the meeting on February 1, 1995. The minutes were corrected and approved. Recognitions: New Employee Dr. Macris introduced and welcomed the following new health department employee: Ms. Vivian P. Mears, Public Health Nurse, Epidemiology Super Staff Award Winner On behalf of the New Hanover County Board of Health, Dr. Macris recognized and congratulated Ms. Mamie Nixon-Carlos, Community Health Assistant, Child Health, recipient of the Semi-Annual Super Staff Award. Good Samaritan I Dr. Macris commended Ms. Jamie Kilgore, Animal Control Officer, Animal Control Services, for her Good Samaritan Act, an attempt to save a man's life, on December 16, 1994. ()') ';1c~ Department Focal: Ms. Leslie Ramshaw, Project ASSIST Health Educator, gave a I department focal on the "Commit To Quit" Project sponsored by New Hanover Regional Medical Center, Physicians Health Plan and Project ASSIST from January 16 through February 16, 1995. In conclusion of the "Commit To Quit" Contest, the New Hanover/Brunswick Project ASSIST Coalition gave a celebration on February 16 at the Coastline Convention Center honoring smoke-free participants. Committee Reports: Budget Mr. Mark Veenstra, Chairman, Budget Committee, reported that the Committee met on February 1 and February 9, 1995, to review the Proposed NHCHD Budget Fiscal Year (FY) 1995-96. He stated the Budget Request is decreased approximately $2.6 million from the Budgeted FY 1994-95. On February 13, 1995, the FY 1995-96 Budget is due in the County BUdget Office. Environmental Health Mr. Coble, Chairman, Environmental Health Committee, reported that the Committee met at 6:00 P.M. on Monday, February 27, 1995. I The final draft of the Rules Governing Private Water Supplies were presented from Committee to the Board of Health for their consideration and proposed adoption at the April 5, 1995 Board meeting. Ms. Dianne Harvell, Environmental Health Director, explained that the proposed private water regulations will now conform with state regulations. Mr. Greer suggested that future drafts of regulations should document where changes are suggested. Mr. Coble recommended from Committee and the Board of Health decided to advertise that the Board plans to vote on the proposed adoption of the Rules Governing Private Water Supplies at the April 5, 1995 Board of Health meeting. Mr. Coble stated Massage and Tattoo Parlor Regulations will be addressed at the April 5, 1995 Board meeting. Executive Dr. Macris, Chairman, Executive Committee, reported that the Execu ti ve Commi t tee met at 6 : 15 P . M. on Monday, February 20 , 1995. The Executive Committee business will be acted on later in the meeting. I 83 Health Promotions I Dr. Paul, Chairman, Health Promotions Committee, reported that the Health Promotions Committee met at 6:00 P.M. on Tuesday, February 21, 1995, and held a Public Forum at the health department for citizens to address the Committee regarding the proposal to exempt bingo establishments from the New Hanover County Board of Health Smoking Control Regulation (SCR) effective January 1, 1995. Unfinished Business: Smoking Control Regulation and Bingo Establishments Dr. Paul recommended from the Health Promotions Committee to exclude bingo establishments from the SCR. Mr. Parker informed the Board of Health that the Onslow County Board of Health amended their SCR to exempt Bingo Establishments from their smoking regulation. I After a lengthy discussion, the Board of Health decided to advertise for the proposed exemption of bingo establishments from the SCR and to vote on the adoption of the amended New Hanover County Board of Health Smoking Control Regulation at the April 5, 1995 Board meeting. It was the consensus of the Board of Health that public comment will not be permitted at the April 5, 1995 Board meeting. Animal Control Update Ms. Jean McNeil, Animal Control Services Supervisor, announced the new Animal Control Services facility is completed and ready for inspections. The Dedication of the Animal Control Services Building is to be at 8: 00 A.M. prior to the April 5 Board of Health Meeting. Animal Control Trust Fund Mr. Coble informed the Board that county funds are not available for the installation of a video security system at the new Animal Control Services facility. He presented a proposal from Radio Shack in the amount of $3,022.54 for the purchase of the security system. Mr. Coble requested a proposal from the Board for the Animal Control Trust Fund to pay for this security system. This trust fund is funded by private contributors and the sale of cat carcasses. I Mr. Coble moved for the Board of Health to recommend to the New Hanover County Commissioners the expenditure of $3,022.54 from the Animal Control Trust Fund for the purchase of the video monitoring security system at the Animal Control Services Facility. Upon vote, the MOTION CARRIED. 84 '1 Guard Care/Wellness Fair, April 29 and 30, 1995 I Mr. Parker, Chairman, On Guard For Health ( OGFH) Committee, reported that plans for the "On Guard for Health" Health Fair on April 29 and 30, 1995, are progressing. The health fair is to be held at the First Baptist Church Activity Center, Trask Middle School and the health department. New Business: Heal th Director Evaluation Dr. Macris requested that Board members complete their performance appraisal evaluations on Mr. Parker, Health Director. Healthy CarolinianR Request Fundinq Dr. Macris recommended from the Executive Committee for the Board of Health to endorse the expenditure of a $11,000 grant from the Maternal and Child Health Division, Department of Environment, Health and Natural Resources (DEHNR) to fund a project of the Healthy Carolinians for producing a video. Ms. Beth Deaton, Healthy Carolinians Committee Member, explained the video is to be used by the Committee to inform women of the accessibility and importance of prenatal care. These funds have I been set aside by DEHNR and cannot be disbursed without the support of the Board of Health and New Hanover County Commissioners. Dr. Macris moved from the Executive Committee to recommend to the New Hanover County Commissioners the approval for the expenditure of the $11,000 DEHNR funds for the video to inform women how to access prenatal care. Upon vote, the MOTION CARRIED. Approval of 1on; mal Control Services Build; ng Dedication Plaques Mr. Parker displayed a plaque to be hung in the new Animal Control Services facility which was donated by Donna Neal, Chairman of the Animal Control Advisory Committee, with the inscription: BUILDING DEDICATED TO THE ANIMALS OF NEW HANOVER COUNTY MAY IT ALWAYS BE A SAFE HAVEN The Board voted to approve the above wording and acceptance of I the plaque donated by Mrs. Neal for the Animal Control Services facility. Upon vote, the MOTION CARRIED. 85 I Mrs. Alford requested that a note of appreciation be written to Mrs. Neal for her donation of the above plaque to the Animal Control Services facility. Mr. Parker submitted a proposal for a second dedication plaque to be placed at the entrance on the exterior of the Animal Control building naming 1995 New Hanover County Commissioners and Board of Health members. The Board of Health requested that Mr. Parker include names of past County Commissioners and Board of Health members on the Animal Control Services dedication plaque. Conunents: Board of Health Members: Smart Start Dr. Clancy requested information regarding the status of the Smart Start Program. He stated Smart Start is in 32 North Carolina Counties. Mr. Parker stated he would research this issue for the Board. Dangerous Dog Panel I Mr. Elmore and Dr. Macris encouraged Board members to attend a Dangerous Dog Panel session. Health Director: County Commissioners Approve Two New Nutrition Positions Mr. Parker informed the Board that on Monday, February 27, the New Hanover County Commissioners approved the following new positions in the Women, Infants and Children (WIC) Program: Clerical Specialist I (24 hours per week) Nutritionist III (20 hours per week) Mobile Wellness Proposal (Letter of Intent) Not Accepted Mr. Parker stated the letter of intent submitted to the Kate B. Reynolds Charitable Trust for a Mobile Wellness Van for a Health Promotion and Disease Prevention Program in New Hanover County was rejected. I Board of Health Sponsored Staff Luncheon, April 25, 1995, 12 NOON The Board of Health sponsored Staff Luncheon will be held on April 25, 1995. Rf) ~ - CPR Certification Classes CPR Certification Classes will be held on Monday, March 27, 8:30 A.M. 3: 30 P.M. at the health department. Instructors are Janet McCumbee, Child Health Director, and CYndi Meredith, Health Educator. Board members were invited to attend these session. Consolidation Commission For.med Mr. Greer informed the Board on Monday, February 27, at a joint meeting of the New Hanover County Board of Commissioners and the Wilmington City Council, both governing bodies voted to form a Consolidation Study Commission to plan for the consolidation of New Hanover County. If this plan is approved by voters, it is to be effective July 1, 1996. Mr. Greer reported if the plan is not approved, the Wilmington City Council plans to annex portions of New Hanover County. Adj ourmnent: There being no further business Dr. Macris adjourned the meeting at 9:50 A.M. 1 0 J. Macris, DDS Cha rman, Board of Health ~-&(7~ Robert S. (Bob) Parker Secretary to the Board Approved: I I I NEW HANOVER COUNTY BOARD OF HEALTH RULES GOVERNING WATER SUPPLY WELLS IN NEW HANOVER COUNTY NORTH CAROLINA EFFECTIVE APRIL 5, 1995 Table Of Contents Section Page 3000 PURPOSE. ...... ............ ...... · .3 3001 GENERAL PROVISIONS . . . . (a) Scope................ (b) Conflict...... (c) Permits And Inspections . . . . . . . . · . . . · . .3 .3 · . . . 3 ........3 3002 DEFINITIONS. . . . . . . . . . . . . · . . . · . . . . .3 3003 REGISTRATION. . ....... · . . . · . . . . .5 3004 PERMITS . . . . . . . . . . . . . . . .6 3005 STANDARDS OF CONSTRUCTION. . . . . . · . . . . . 7 3006 PUMPS AND PUMPING EQUIPMENT · . · · · 3007 DISINFECTION . . . · . . . . 3008 MAINTENANCE AND REPAIR. · · · . · . . . · 3009 ABANDONMENT. . . · . . . . . . · . · · · · . . 9 · .10 .11 · .11 3010 RECORDS. . . . . · . . .13 3011 RIGHT OF ENTRY. . . . . . . · . . . . . . . . · .13 · . . . · . .13 .13 · .13 3012 APPEALS PROCEDURE. . (a) Director......... (b) Board Of Health. . . . . . . . . . . . . 3013 REMEDIES . . . . . · . . . . · . . . · .14 3014 SEVERABILITY. . · . . . · .14 3015 EFFECTIVE DATE. ......... .... · .14 2 Section 3000 Purpose To establish standards for the construction, installation, operation, maintenance and repair of water supply wells so as to minimize the risk of disease transmission through the consumption of groundwater, the New Hanover County Board Of Health declares that the following rules for protection of the public health are hereby adopted pursuant to authority granted by Chapter 130A Section 39 of the North Carolina General Statutes, and shall apply throughout New Hanover County, North Carolina. Section 3001 General Provisions (a) Scope No person shall construct, install, operate, repair or abandon, or cause to be constructed, installed, operated, repaired or abandoned any water supply well contrary to the provisions of these Rules. These Rules supersede regulations, requirements, rules and standards relative to water supply wells previously adopted by the New Hanover County Board Of Health. (b) Conflict The provisions of any federal, state or municipal law, ordinance, regulation or rule establishing requirements and standards affording greater protection to the public health, safety and welfare, and the groundwater resources shall prevail within the jurisdiction of such agency or municipality over requirements and standards established by these Rules. (c) Permits And Inspections Prior to being utilized as a source of water for human consumption, all new water supply wells shall be inspected, found to conform with these Rules and found free of coliform bacteria. The Department shall conduct inspections of new water supply wells as soon as practicable after notification of construction or installation. The Department shall conduct inspections of existing water supply wells when construction and/or further development on or of a property is proposed so as to assure that minimum horizontal separation distances from potential sources of contamination are maintained. Section 3002 Definitions The following definitions shall apply in the interpretation and enforcement of these Rules: Abandon means to discontinue the use of and to seal the well according to the requirements of Section 3009 of these Rules. 3 Access port means an opening in the well casing or well head installed for the primary purpose of determining the water level in the well. Board Of HeaUh means the New Hanover County Board Of Health. Construction or installation of wells means all acts necessary to construct or install wells intended for domestic use including the location and excavation of the well, placement of casings, fittings, grouting, screens, development and testing. Contamination means any foreign material of such nature and quantity as to cause degradation of the quality of water. Department means the New Hanover County Health Department or its authorized representative. Director means Director of the New Hanover County Health Department or his (her) authorized representative. Domestic use means water used for human consumption, bathing or other general household purposes. Establishments operating under permit and/or inspection by the Department means establishments or facilities such as but not limited to restaurants, food stands, drink stands, temporary restaurants, temporary food stands, school lunchrooms, commissaries, meat and/or seafood markets, sandwich manufacturers, hospitals, rest/nursing homes, educational institutions, other institutions and schools; local confinement, residential care, child day care, migrant housing and lodging facilities; and, bed and breakfast homes, summer camps and swimming pools. Owner means any person who holds the fee or other property rights in the well being constructed. A well is real property and its construction on land rests ownership in the land owner except when a written agreement to the contrary exists and indicates otherwise. Permit means a written document issued by the Department permitting the construction or installation of a water supply well as defined in these Rules. Person means any individual, firm, association, organization, partnership, business trust, corporation or company. Public water system means a water system as defined in 15A NCAC 18C (Rules Governing Public Water Supplies). Water supply system means in addition the well, pump and pipe used in connection with or pertaining to the operation of a water supply including pumps, pipes, pressure tanks 4 and fittings. Water supply well means a well constructed or installed to access and provide groundwater as a source of water to be utilized for domestic purposes. Wdl means any excavation that is bored, cored, drilled, dug or otherwise constructed or installed for the purpose of locating, testing or withdrawing groundwater, or that may control, divert or otherwise cause the movement of water from or into any aquifer. Well driller or contractor means any person engaged in the business of constructing or installing wells. Well head means the upper terminal of the well including ports, seals, valves and other attachments. Section 3003 Registration (a) Every person engaged in the business of drilling, boring, coring, constructing, installing or repairing water supply wells shall register annually with the Department. (b) Any person seeking to register with the Department shall initiate the process by submitting to the Director: (1) a properly completed registration application form; (2) evidence of valid registration with the North Carolina Department Of Environment, Health And Natural Resources; and, (3) a registration fee established by the Board Of Health. (c) To verify an applicant's or registrant's preparation to comply with these Rules, the Department may periodically inspect equipment, machinery and materials, and observe and/or review procedures utilized to drill, bore, core, construct, install or repair water supply wells. (d) A registration fee established by the Board Of Health is payable at the time of initial application and, thereafter, during the period from July 1 to July 31 of each year. (e) Registration shall expire and become invalid on August 1 of each year. In order to continuously maintain valid registration with the Department, a person shall do the following during the time period from July 1 to July 31 of each year: (1) submit to the Director a properly completed registration application form; 5 (2) submit to the Director evidence of valid registration with the North Carolina Department Of Environment, Health And Natural Resources; (3) demonstrate the availability and utilization of equipment, machinery, materials and procedures necessary to comply with these Rules; and, (4) submit to the Director a registration fee established by the Board Of Health. (t) If the applicant complies with items (b), (c) and (d), or item (e) ofthis Section, then the Director may issue a certificate of registration. (g) Upon determination of willful violation ofthese Rules, registration shall be subject to revocation by the Director. Reissue of a revoked registration shall only be done in accordance with specific conditions and procedures prescribed by the Board Of Health. Section 3004 Permits (a) It shall be unlawful for any person to construct or install a water supply well without first obtaining a permit from the Department. The permit shall be secured by the owner or hislher authorized agent prior to construction or installation of a water supply well. Permits shall become invalid five (S) years from the date of issue if the water supply well has not been constructed or installed. Alterations and/or physical changes to a permitted water supply well site may be sufficient to invalidate the permit, if the Department determines the site no longer conforms with the requirements specified in these Rules. When a permit is declared invalid by the Department or has become invalid due to the lapse of time since the date of issue, the construction or installation shall not be commenced nor completed until a new (valid) water supply well permit has been obtained. (b) A well that serves as a source of supply for a public water system shall comply with permit requirements established by the North Carolina Department of Environment, Health and Natural Resources in accordance with lSA NCAC 18C (Rules Governing Public Water Supplies). (c) A well that serves as a source of supply for a water supply system serving an establishment operating under permit and/or inspection by the Department shall comply with permit and other pertinent requirements established in these Rules as well as standards established by the North Carolina Department of Environment, Health and Natural Resources in accordance with 15A NCAC 18A (Rules Governing Protection Of Water Supplies). (d) The location of any proposed water supply well other than one that will serve as a source of supply for a public water system shall be approved and permitted by the Department prior to the beginning of any building construction and/or related activity on property. 6 (e) Any person seeking to obtain a well permit from the Department shall initiate the process by: (1) submitting to the Department a properly completed well permit application form; (2) submitting to the Department a scaled plot plan indicating the proposed location for the building foundation, plumbing stub-out, sewer connection and other pertinent information; and, (3) submitting to the Department a site evaluation/permit fee established by the Board Of Health. (I) The driller or contractor shall not commence any well construction or installation activity until the permit has been obtained. Through the duration of construction or installation procedures, the contractor shall maintain the well permit on the property. (g) The Director is authorized to revoke any permit issued pursuant to these Rules upon determination that compliance with the provisions of these Rules is not being fully achieved. Reissue of a revoked permit shall only be done in accordance with specific conditions and procedures prescribed by the Director. Section 300S Standards Of Construction (a) Water supply wells shall conform to the standards of construction established in and to any future amendments of ISA NCAC 2C (Well Construction Standards: Criteria And Standards Applicable To Water Supply And Certain Other Wells) with the exception of Subparagraph (i)(S)(A-E) of Rule .0107. These include but are not limited to the following criteria: location; source of water; drilling fluids and additives; casing; grouting; well screens; gravel and sand-packed wells; well development; and, well head completion with the exception of Subparagraph (i)(S)(A-E) of Rule .0107. (b) Location. (1) A water supply well shall not be located in an area generally subject to flooding. Areas which have a propensity for flooding include those with concave slope, alluvial or colluvial soils, gullies, depressions and drainage ways. (2) The minimum horizontal separation between a well, intended for a single- family residence or other non-public water system, and potential sources of groundwater contamination shall be as follows unless otherwise specified: (A) Septic tank and nitrification field. . . . . . . 100 ft. 7 (B) Other subsurface soil absorption wastewater disposal system .. ...... 100 ft. (C) Industrial or municipal sludge- spreading or wastewater-irrigation sites. . . . 100 ft. (D) Water-tight sewage or liquid-waste collection or transfer facility.. ..... 50 ft. (E) Other sewage and liquid-waste collection or transfer facility. . . . . 100 ft. (F) Cesspools and privies. . . . . . . . 100 ft. (G) Animal feedlots or manure piles . . . . · 100 ft. (H) Fertilizer, pesticide, herbicide or other chemical storage areas . . . . . . . . 100 ft. (I) Non-hazardous waste storage, treatment or disposal lagoons . . . · 100 ft. (J) Sanitary landfills . . . . . . . . · 500 ft. (K) Other non-hazardous solid waste landfills . · 100 ft. (L) Animal barns. . . . . . . . . . . . · 100 ft. (M) Building foundations. . . . . . . 50 ft. (N) Surface water bodies. . . . . . . . . . 50 ft. (0) Chemical or petroleum fuel underground storage tanks regulated under 15A NCAC 2N: (i) with secondary containment. . 50 ft. (ii) without secondary containment . . · 100 ft. (P) All other potential sources of groundwater contamination. . . . . . . . . 100 ft. (3) For a well serving a single-family dwelling where lot size or other fixed conditions preclude the separation distances specified in Subparagraph (b )(2) of this Rule, the required separation distances shall be the maximum possible but 8 shall in no case be less than the following: (A) Septic tank and nitrification field. . . . . . . 50 ft. (B) Water-tight sewage or liquid-waste collection or transfer facility · 25 ft. (C) Building foundations. . · 25 ft. (D) Cesspool or privies. . . . . . . · 50 ft. (4) A well or well system, serving more than one single-family dwelling but with a designed capacity of less than 100,000 gpd, shall meet the separation requirements specified in Subparagraph (b )(2) of this Rule. (c) Source Of Water. (1) The source of water shall not be from a water bearing zone or aquifer that is known to be contaminated. (2) The source shall be at least 20 feet below the land surface. (d) Well Head Completion. A continuous bond concrete slab or well house concrete floor extending at least two (2) feet horizontally around the outside of the well casing shall be provided. The minimum thickness for the concrete slab or floor shall be four (4) inches. The slab or floor shall slope to drain away from the well casing. Section 3006 Pumps And Pumping Equipment (a) The pumping capacity of the pump shall be consistent with the intended use and yield characteristics of the well. (b) The pump and related equipment for the well shall be conveniently located to permit easy access and removal for maintenance and repair. (c) The base plate of a pump placed directly over the well shall be designed to form a watertight seal with the well casing or pump foundation. (d) In installations where the pump is not located directly over the well, the annular space between the casing and pump intake or discharge piping shall be closed with a 9 watertight seal designed specifically for this purpose. (e) The well shall be properly vented at the well head to allow for pressure changes within the well except when a suction lift type pump is used. (I) A hose bibb for obtaining water samples shall be installed at the well head by the person installing the pump. In the case of offset jet pump installations, the hose bibb shall be installed on the return (pressure) side of the jet pump piping. (g) A priming tee shall be installed at the well head in conjunction with offset jet pump installations. (h) Joints of any suction line installed underground between the well and pump shall be tight under system pressure. (i) The drop piping and electrical wiring used in connection with the pump shall meet all applicable underwriters specifications. ü) Contaminated water shall not be used for priming the pump. Section 3007 Disinfection Wells and distribution systems shall be disinfected upon completion of construction/installation, maintenance, repairs, pump installation and testing as follows: (a) Sufficient quantities of chlorine shall be placed in the well to produce a chlorine residual of at least 100 parts per million (ppm) in the well. A chlorine solution may be prepared by dissolving high test calcium hypochlorite (trade names include HTH, Chlor- Tabs, etc.) in water. About 0.12 lbs. or two ounces of calcium hypochlorite containing 70 percent available chlorine is needed per 100 gallons of water for 100 ppm chlorine residual. As an example, a well having a diameter of two inches, has a volume of about two-tenths gallon per foot. If the well has 200 feet of water, the minimum amount of hypochlorite required would be 0.048 lbs. (0.2 x 200 feet = 40 gallons, 0.12 lbs. per 100 gallons, 0.12 x 0.40 = 0.048Ibs.). (b) Chlorine shall be placed in the well by one of the following or an equivalent method: (1) Drop chlorine tablets in the top of the well and allow them to settle to the bottom. 10 (2) Place chlorine solution in the bottom of the well by using a bailer or by pouring the solution through the drill rod, hose or pipe placed in the bottom of the well. Flush the chlorine solution from the drill rod, hose or pipe with water or air. (c) Agitate the water in the well to insure thorough dispersion of chlorine. (d) Thoroughly rinse the well casing, pump column and any other equipment above the water level in the well with chlorine solution as a part of the disinfection process. ( e) Allow the chlorine solution to stand in the well and distribution system for a period of at least 24 hours. (1) Open outdoor faucets until the well and distribution system is free of chlorine before putting the system into service. (g) A sample of the water shall be collected and analyzed for bacteria by the Department or a certified water analysis laboratory after chlorine has been removed from the well and distribution system, and prior to use of the water. (h) If contamination persists after repeated disinfection, then the Department may require the well to be abandoned and sealed in accordance with Section 3009 of these Rules. (i) Additional water analyses may be required if the Department has reason to suspect that harmful contaminates are present. Section 3008 Maintenance And Repair (a) Every well shall be maintained in a condition whereby it will conserve and protect the groundwater resources, and whereby it will not be a source or channel of contamination or pollution to the water supply or any aquifer. (b) All materials used in the maintenance, replacement or repair of any well shall meet the requirements for new installation. (c) Broken, punctured or otherwise defective or unserviceable casing, screens, fixtures, seals or any part of the well head shall be repaired or replaced, or the well shall be properly abandoned. (d) Maintenance or repairs to either wells, pumps or pumping equipment which 11 necessitate breaking of the well seal or otherwise exposing the well head, shall also require chlorination of the well and distribution system prior to resuming use as a water supply. Section 3009 Abandonment (a) Any well which has been abandoned, either temporarily or permanently, shall be abandoned in accordance with one of the following procedures: (1) Temporal)' Abandonment Upon temporary removal from service or prior to being put into service, the well shall be sealed with a water-tight cap or seal compatible with casing and installed so that it cannot be removed easily by hand. The well shall be maintained whereby it is not a source or channel for contamination during temporary abandonment. Every temporarily abandoned well shall be protected with a casing. (2) Permanent Abandonment All casing and screen materials may be removed prior to initiation of abandonment procedures if such removal will not cause or contribute to contamination of the groundwaters. Any casing not grouted in accordance with Section 3005 of these Rules shall be removed or properly grouted. The entire depth of the well shall be sounded before it is sealed to insure freedom from obstructions that may interfere with sealing operations. The well shall be thoroughly disinfected prior to sealing. In the case of gravel-packed wells in which the casing and screens have not been removed, neat-cement shall be injected into the well completely filling it from the bottom of the casing to the top. Bored wells shall be completely filled with cement grout, dry clay or material excavated during boring of the well and then compacted in place. Wells other than bored wells constructed in unconsolidated formations shall be completely filled with cement grout by introducing it through a pipe extending to the bottom of the well which can be raised as the well is filled. Wells constructed in consolidated rock formations or that penetrate zones of consolidated rock may be filled with cement, sand, gravel or drill cuttings opposite the zones of consolidated rock. The top of the sand, gravel or cutting fill shall be at least five (5) feet below the top of the consolidated rock. The remainder of the well shall be filled only with cement grout. (b) Any well which acts as a source or channel of contamination shall be repaired or permanently abandoned within thirty (30) days of notification by the Department. ( c) The drilling contractor shall permanently abandon any well in which the casing has not been installed or from which the casing has been removed, prior to removing equipment from the site. 12 (d) The owner shall be responsible for permanent abandonment of a well except: (1) as otherwise specified in these Rules; or, (2) if well abandonment is required because the drilling contractor improperly locates, constructs or completes the well. Section 3010 Records (a) Any person completing a well shall provide to the Department and owner a record of the construction or installation within the subsequent thirty (30) day time period. (b) The record shall include at least the following information: owner's name and address; location with actual horizontal separation distances from all known potential sources of contamination; diameter; depth; depth of casing; method and depth of grouting; formation log; static water level; pumping water level; yield; and, date of , completion or installation. (c) The record shall include certification by the well driller or contractor that construction or installation was completed as required by these Rules. Section 3011 Right Of Entry Pursuant to authority granted by North Carolina General Statute 130A Section 17, the Department shall have the right to enter upon the premises of any property for the purpose of conducting an inspection and determining compliance with these Rules. Section 3012 Appeals Procedure (a) Director Appeals concerning interpretation and enforcement of these Rules shall be made by written petition to the Director and shall be made within fifteen (15) days of the challenged action. The Director may require the appellant to submit such information as deemed necessary to make a decision concerning interpretation and enforcement. The Director shall respond to affirm, modify or reverse the challenged action. When granting variance from these Rules, the Director may impose such conditions as deemed necessary to protect the public health. (b) Board Of Health Appeals concerning decisions of the Director shall be made by 13 written petition to the Board Of Health and shall be made within fifteen (15) days of the challenged action. The Board Of Health shall conduct a hearing within forty-five (45) days after receipt of an appeal petition and shall give the appellant not less than fifteen (15) days notice of the date, time and place of the hearing. The Board Of Health shall respond to affirm, modify or reverse the challenged action. When granting variance from these Rules, the Board Of Health may impose such conditions as deemed necessary to protect the public health. Section 3013 Remedies If a person violates any part of these Rules, then he/she shall be guilty of a misdemeanor and shall be subject to sanctions provided in Chapter 130A Section 25 of the North Carolina General Statutes. Section 3014 Severability If any provision of these Rules or the application thereof to any person or circumstance is declared invalid, then the remainder of these Rules or the application of such provision to other persons or circumstances shall not thereby be affected. Section 3015 Effective Date Adopted April 5, 1995 by the New Hanover County Board Of Health, these Rules shall be effective on and after April 5, 1995. Signed Chairman New Hanover Signed~~ Director New Hanover County Health Department 14