A BILL TO BE ENTITLED
AN ACT to protect public health and water quality for residents of the State that receive drinking water from private wells by providing for the authorization of local well testing programs; to require notification of groundwater contamination to residents and well users that live or work near a contaminated well; to establish a groundwater Quality database; to establish an emergency drinking water fund; and to appropriate funds, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 130A of the General Statutes is amended by adding a new Article to read:
"Article 10A.
"Private Drinking Water Wells.
"§ 130A‑330.1.  Purpose.
The purpose of this Article is to ensure the safety and quality of potable water delivered from private drinking water wells in the State.
"§ 130A‑330.2.  Definitions.
The following definitions shall apply throughout this Article:
(1)	'Certified laboratory' means a facility that has received interim or final certification by either the United States Environmental Protection Agency or the Department for performing bacteriological, chemical, or other analyses on water.
(2)	'Contaminant' means any physical, chemical, biological, or radiological substance or matter in water.
(3)	'Fund' means the Emergency Drinking Water Fund established by G.S. 130A‑330.5.
(4)	'Groundwater standards' means water quality standards for groundwater adopted by the Environmental Management Commission pursuant to G.S. 143‑214.1.
(5)	'Local well testing program' means a program established by a city, county, or regional office of the Department for the purpose of protecting public health from groundwater contamination. 
(6)	'Private well' means a drinking water well that has less than 15 service connections or that does not regularly serve 25 or more individuals.
(7)	'Resident' means a person or group of persons residing in the same dwelling unit or working at the same business at which drinking water is supplied from a private well.
(8)	'Water test' means a test of drinking water conducted in accordance with G.S. 130A‑330.3 and rules adopted by the Commission pursuant to this Article.
(9)	'Well user' means a person or group of persons residing in the same dwelling unit or working at the same business at which drinking water is supplied from a private well.
"§ 130A‑330.3.  Water test procedures.
(a)	The Commission shall establish criteria and procedures for the testing of water provided from a private well to determine whether the well provides water that complies with groundwater standards. The criteria and procedures shall include an analysis for at least the following contaminants:
(1)	Bacteria (total coliform).
(2)	Nitrates.
(3)	Heavy metals.
(4)	Volatile organic compounds.
(b)	The Commission may authorize testing for additional contaminants in areas of the State where additional contaminants may pose a threat to public health.
(c)	A water test conducted pursuant to this Article shall be completed by a certified laboratory.
(d)	The Commission shall develop a standard report form that certified laboratories shall use to report the results of a water test conducted pursuant to this Article.
"§ 130A‑330.4.  Local well testing programs.
(a)	The Department shall develop a program to provide grants to cover the costs of testing of private wells in the vicinity of known groundwater contamination incidents. The Department shall approve all grants authorized under this section. 
(b)	The Department shall consider for grant assistance any local well testing program that meets all of the following criteria:
(1)	The local well testing program shall identify a set of groundwater contamination incidents that it determines pose a threat to public health, based on the toxicity of contaminants, the known concentration and geographic extent of contamination, the contaminant's propensity to migrate, and the number of drinking water wells estimated to be in the area.
(2)	The local well testing program shall notify, to the extent practicable, all residents within a 1,500‑foot radius of the known boundaries of each groundwater contamination incident identified in subdivision (1) of this subsection. The notification shall be issued in both English and Spanish and shall include all of the following information:
a.	The location of the groundwater contamination incident.
b.	The name and potential health effect of each contaminant known to be present at the groundwater contamination incident at levels in excess of groundwater standards.
c.	Instructions explaining how the resident can voluntarily seek testing of private well water by the local well testing program.
d.	Contact information for the local well testing program and the closest office of the Department.
(3)	The local well testing program shall offer free testing of private wells to well users conducted pursuant to subdivision (2) of this subsection. The test shall be conducted in accordance with the water test procedures established in G.S. 130A‑330.3.
(4)	A certified laboratory shall submit results of the water test to the local well testing program no later than 15 days after completion of any analysis. A certified laboratory shall electronically submit the results of a water test conducted pursuant to this Article to the Department no later than 30 days after completion of the analysis.
(5)	The local well testing program shall provide the following information to each user whose well is tested under this section:
a.	The location of the well from which the sample was collected.
b.	The name, groundwater standard, and level of each contaminant for which the well was tested.
c.	The potential health effects of each contaminant detected in the water sample.
d.	If any contamination is found in excess of groundwater standards, instructions for how the resident can seek alternative drinking water supplies or treatment of contaminated water from the Department on a temporary or permanent basis pursuant to G.S. 130A‑330.5.
e.	Contact information for the local health department and the closest office of the Department.
f.	Any other information required by the rules of the Commission.
(c)	Eligible projects shall be funded according to provisions established by the Department. No individual grant may exceed fifty thousand dollars ($50,000).
"§ 130A‑330.5.  Emergency Drinking Water Fund.
There is established under the control and direction of the Department the Emergency Drinking Water Fund. The Fund shall be a nonreverting, interest‑bearing fund consisting of monies appropriated to the Fund by the General Assembly and investment interest credited to the Fund. The Fund may be used to pay for local well testing programs pursuant to G.S. 130A‑330.4 and for the provision of alternative drinking water supplies for parties affected by groundwater contamination on a temporary or permanent basis. The Department shall disburse monies from the Fund based on financial need and on the risk to public health posed by groundwater contamination.
"§ 130A‑330.6.  Annual report.
The Department, in consultation with the Commission and county health departments, shall report no later than 1 November of each year to the Environmental Review Commission, the House of Representatives and Senate Appropriations Subcommittees on Natural and Economic Resources, and the Fiscal Research Division on the implementation of this Article. The report shall include the purpose and amount of all expenditures from the Fund during the prior fiscal year, a discussion of the benefits and deficiencies realized as a result of the Article, and may also include recommendations for any legislative action."
SECTION 2.  Article 21 of Chapter 143 of the General Statutes is amended by adding a new Part to read:
"Part 11. Groundwater Quality Database.
"§ 143‑215.74J.  Database established.
The Department shall establish a Groundwater Quality Database as a resource center and repository for the results of groundwater quality monitoring conducted and submitted pursuant to programs administered by the Department under Articles 9, 10, and 10A of Chapter 130A and Articles 21 and 21A of Chapter 143 of the General Statutes. The Department shall:
(1)	Collect, maintain, and make available the information contained in the Database in a manner that is accessible to State agencies, local governments, and the general public.
(2)	Assess the quality and reliability of the data and organize the Database in a usable format. The Database shall include geographic information sufficient to locate: (i) groundwater wells; (ii) natural and anthropogenic occurrences of contaminants at levels in excess of groundwater standards; and (iii) proximity of contamination to surface waters of the State. The information shall be available by latitude, longitude, depth, and contaminant levels.
(3)	Prescribe the format for submission of information and ensure quality control for all data collected or submitted.
"§ 143‑215.74K.  Annual report.
The Department shall report no later than 1 November of each year to the Environmental Review Commission on the status of groundwater quality in the State. The report shall include information on the status of the Groundwater Quality Database, groundwater monitoring efforts conducted by the Department, and trends in groundwater quality, movement, and quantity. The report may also include issues related to groundwater quality, deficiencies in groundwater quality information, and recommendations, if any, to improve the Department's understanding of the quality, movement, and quantity of groundwater resources in the State."SECTION 3.  There is appropriated from the General Fund to the Emergency Drinking Water Fund established by G.S. 130A‑330.5, as enacted by Section 1 of this act, the sum of nine hundred sixty thousand dollars ($960,000) for the 2006‑2007 fiscal year.
SECTION 4.  It is the intent of the General Assembly that the funds appropriated by this act shall be recurring funds.
SECTION 5.  Nothing in this act shall be construed to limit or preempt the authority of a local health department or local board of health to make or cause to be made an inspection or test of a private well as may be necessary to ensure the health and safety of residents of the State.
SECTION 6.  The first report required pursuant to G.S. 130A‑330.6, as enacted by Section 1 of this act, is due on or before 1 November 2007. The first report required pursuant to G.S. 143‑215.74K, as enacted by Section 2 of this act, is due on or before 1 November 2007.
SECTION 7.  Sections 1 and 2 of this act become effective 1 January 2007. Section 3 of this act becomes effective 1 July 2006. The remaining sections of this act are effective when the act becomes law.