15A NCAC 02L .0107. COMPLIANCE BOUNDARY

(a)  For disposal systems individually permitted prior to December 30, 1983, the compliance boundary is established at a horizontal distance of 500 feet from the waste boundary or at the property boundary, whichever is closer to the source.

(b)  For disposal systems individually permitted on or after December 30, 1983, a compliance boundary shall be established 250 feet from the waste boundary, or 50 feet within the property boundary, whichever point is closer to the source.

(c)  The boundary shall be established by the Director, or his designee at the time of permit issuance.  Any sale or transfer of property which affects a compliance boundary shall be reported immediately to the Director, or his designee.  For disposal systems which are not governed by Paragraphs (e) or (f) of this Rule, the compliance boundary affected by the sale or transfer of property will be re‑established consistent with Paragraphs (a) or (b) of this Rule, whichever is applicable.

(d)  Except as provided in Paragraph (g) of this Rule, no water supply wells shall be constructed or operated within the compliance boundary of a disposal system individually permitted or repermitted after January 1, 1993.

(e)  Except as provided in Paragraph (g) of this Rule, a permittee shall not transfer land within an established compliance boundary of a disposal system permitted or repermitted after January 1, 1993 unless:

(1)           the land transferred is serviced by a community water system as defined in 15A NCAC 18C, the source of which is located outside the compliance boundary; and

(2)           the deed transferring the property:

(A)          contains notice of the permit, including the permit number, a description of the type of permit, and the name, address and telephone number of the permitting agency; and

(B)          contains a restrictive covenant running with the land and in favor of the permittee and the State, as a third party beneficiary, which prohibits the construction and operation of water supply wells within the compliance boundary; and

(C)          contains a restrictive covenant running with the land and in favor of the permittee and the State, as a third party beneficiary, which grants the right to the permittee and the State to enter on such property within the compliance boundary for groundwater monitoring and remediation purposes.

(f)  Except as provided in Paragraph (g) of this Rule, if at the time a permit is issued or reissued after  January 1, 1993, the permittee is not the owner of the land within the compliance boundary, it shall be a condition of the permit issued or renewed that the landowner of the land within the compliance boundary, if other than the permittee, execute and file in the Register of Deeds in the county in which the land is located, an easement running with the land which:

(1)           contains:

(A)          either a notice of the permit, including the permit number, a description of the type of permit, and the name, address and telephone number of the permitting agency; or

(B)          a reference to a notice of the permit with book and page number of its recordation if such notice is required to be filed by statute;

(2)           prohibits the construction and operation of water supply wells within the compliance boundary; and

(3)           reserves the right to the permittee and the State to enter on such property within the compliance boundary for groundwater monitoring and remediation purposes.  The easement may be terminated by the Director when its purpose has been fulfilled or the need for the easement no longer exists.  Under those conditions the Director shall, upon request by the landowner, file a document terminating the easement with the appropriate Register of Deeds.

(g)  The requirements of Paragraphs (d), (e) and (f) of this Rule are not applicable to ground adsorption treatment systems serving four or fewer single family dwellings or multiunit dwellings of four or fewer units.

(h)  The boundary shall form a vertical plane extending from the water table to the maximum depth of saturation.

(i)  For ground absorption sewage treatment and disposal systems which are permitted under 15A NCAC 18A .1900, the compliance boundary shall be established at the property boundary.

(j)  Penalties authorized pursuant to G.S. 143‑215.6A(a)(1) will not be assessed for violations of standards within a compliance boundary unless the violations are the result of violations of permit conditions or negligence in the management of the facility.

(k)  The Director shall require:

(1)           that permits for all activities governed by G.S. 143‑215.1 be written to protect the quality of groundwater established by applicable standards, at the compliance boundary;

(2)           that necessary groundwater quality monitoring shall be conducted within the compliance boundary; and

(3)           that a violation of standards within the compliance boundary resulting from activities conducted by the permitted facility be remedied through clean‑up, recovery, containment, or other response when any of the following conditions occur:

(A)          a violation of any standard in adjoining classified groundwaters occurs or can be reasonably predicted to occur considering hydrogeologic conditions, modeling, or other available evidence;

(B)          an imminent hazard or threat to the public health or safety exists; or

(C)          a violation of any standard in groundwater occurring in the bedrock other than limestones found in the Coastal Plain sediments, unless it can be demonstrated that the violation will not adversely affect, or have the potential to adversely affect a water supply well.

 

History Note:        Authority G.S. 143‑215.1(b); 143‑215.3(a)(1); 143B‑282;

Eff. August 1, 1989;

Amended Eff. October 1, 1993; November 2, 1992.