§ 87-85. Definitions.
§ 87‑85. Definitions.
As used in this Article,unless the context otherwise requires:
(1) "Abandonedwell" means a well whose use has been discontinued, or which is in such astate of disrepair that continued use for obtaining groundwater or other usefulpurpose is impracticable.
(2) "Aquifer"means a geologic formation, group of such formations, or a part of such aformation that is water bearing.
(3) "Artesianwell" means a well tapping a confined or artesian aquifer.
(4) "EnvironmentalManagement Commission" means the North Carolina Environmental ManagementCommission or its successor, unless otherwise indicated.
(5) "Constructionof wells" means all acts necessary to construct wells for any intendedpurpose or use, including the location and excavation of the well; placement ofcasings, screens and fittings; development and testing.
(5a) "Department"means the Department of Environment and Natural Resources unless otherwiseindicated.
(6) "Installationof pumps and pumping equipment" means the procedure employed in theplacement and preparation for operation of pumps and pumping equipment,including all construction involved in making entrances to the well andestablishing seals.
(7) "Municipality"means a city, town, county, district, or other public body created by orpursuant to State law, or any combination thereof acting cooperatively orjointly.
(8) "Nonpotablemineralized water" means brackish, saline, or other water containingminerals of such quantity or type as to render the water unsafe, harmful orgenerally unsuitable for human consumption and general use.
(9) "Person"shall mean any and all persons, including individuals, firms, partnerships,associations, public or private institutions, municipalities or politicalsubdivisions, governmental agencies, or private or public corporationsorganized or existing under the laws of this State or any other state orcountry.
(10) "Pollutedwater" means water containing organic or other contaminants of such typeand quantity as to render it unsafe, harmful or unsuitable for humanconsumption and general use.
(10a) "Private drinkingwater well" means any excavation that is cored, bored, drilled, jetted,dug, or otherwise constructed to obtain groundwater for human consumption andthat serves or is proposed to serve 14 or fewer service connections or thatserves or is proposed to serve 24 or fewer individuals. The term "privatedrinking water well" includes a well that supplies drinking water to atransient noncommunity water system as defined in 40 Code of FederalRegulations § 141.2 (July 1, 2003 Edition).
(11) "Pumps" and"pumping equipment" means any equipment or materials utilized orintended for use in withdrawing or obtaining groundwater including well seals.
(12) "Repair"means work involved in deepening, reaming, sealing, installing or changingcasing depths, perforating, screening, or cleaning, acidizing or redevelopmentof a well excavation, or any other work which results in breaking or openingthe well seal.
(13) "Water supplywell" means any well intended or usable as a source of water supply, butnot to include a well constructed by an individual on land which is owned orleased by him, appurtenant to a single‑family dwelling, and intended fordomestic use (including household purposes, farm livestock, or gardens).
(14) "Well"means any excavation that is cored, bored, drilled, jetted, dug or otherwiseconstructed for the purpose of locating, testing or withdrawing groundwater orfor evaluating, testing, developing, draining or recharging any groundwaterreservoirs or aquifer, or that may control, divert, or otherwise cause themovement of water from or into any aquifer.
(15) "Welldriller," "driller" or "water well contractor" meansany person, firm, or corporation engaged in the business of constructing wells.
(16) "Well seal"means an approved arrangement or device used to cap a well or to establish andmaintain a junction between the casing or curbing of a well and the piping orequipment installed therein, the purpose or function of which is to preventpollutants from entering the well at the upper terminal.
(17) "Operation ofwells" means the process, frequency, and duration of withdrawing water orother fluids from a well by any means. (1967, c. 1157, s. 3; 1973, c. 1262, s. 23; 1977, c.771, s. 4; 1987, c. 496, s. 1; 1989, c. 727, s. 218(21); 1997‑358, s. 4;1997‑443, s. 11A.119(a); 2006‑202, s. 1.)