§ 44-134. Permits.

(a)

Application; conditions on issuance. Prior to the commencement of construction or drilling of any deep well, application for a permit shall be made to the county building inspector who may issue a permit or a conditional permit upon the following conditions:

(1)

Submission of the environmental impact study required by section 44-135.

(2)

A determination being made in writing by the board of county commissioners that after consideration of the environmental impact statement required by section 44-135 by the board of county commissioners, its engineer and affected state and federal agencies that the proposed well, if constructed, will not adversely affect the aquifer and specifically will not cause the intrusion of salt water and nonpotable mineralized water to such an extent that the aquifer will be significantly affected.

(3)

A complete set of engineering plans of the proposed project in five copies be submitted to the county building inspector for consideration by the county, its engineer and affected state and federal agencies.

(4)

The developer shall obtain the necessary approval and permits as required by the state board of health and the state department of water and air resources, as applicable, for the proposed project, and as may be required by G.S. 87-83 et seq. and G.S. 143-211 et seq., and other applicable laws.

(5)

All permits issued in accordance with this division shall contain the provision and condition that the developer shall do no act and shall allow no act to be done which results in contamination of the aquifer and cause the intrusion of salt water or nonpotable mineralized water to such an extent that the aquifer will be significantly affected and that such act, if done, shall result in the suspension of the permit and all operations conducted in accordance with such permit shall cease until such act and the contamination resulting thereby shall have been eliminated.

(6)

As a further condition in all permits issued under this division, the county, its officials and employees shall have the right to inspect and investigate the well site and its operations at any time, in the course of their employment and in the operation and enforcement of this division.

(b)

Issuance or denial; appeal of denial.

(1)

Upon completion of the conditions of subsection (a) of this section, the building inspector of the county shall, within 60 days, either issue a permit authorizing the construction of a well in accordance with the approval engineering plans or deny such permit.

(2)

Upon denial of such permit the person aggrieved shall have ten days in which to request a hearing before the board of county commissioners by service of written notice of appeal from the decision of the building inspector upon the board of county commissioners. Within 30 days after such service, the board of county commissioners shall hold a hearing at a time and place designated by such commissioners at which time the board of county commissioners may either uphold the decision of the building inspector, direct the issuance of a permit by the building inspector or direct the issuance of a conditional permit by the building inspector which may require compliance with such reasonable conditions as may not be contrary to the intent and purposes of this division.

(c)

Conditional permits. As provided in subsection (a) of this section, the building inspector may issue a conditional permit or upon appeal from the decision of the building inspector denying a permit, the board of county commissioners may direct the issuance of a conditional permit. The conditions so required may be any conditions that are reasonable and which require the employment of good engineering practices and safety precautions, the modification and revision of engineering plans so as to reduce the likelihood of contamination of the aquifer, the substitution of materials and equipment and the requirement of additional materials and equipment in order to reduce the likelihood of such contamination and the employment of additional personnel, engineers and operators as good engineering practices may dictate in order to carry out the purposes of this division.

(Code 1990, § 21-109)