2-15-16 Reg. Meeting - Laserfiche WebLink

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BK:OOO28 PG -.0107 private water are treated differently under both federal and state law. The EPA regulates only public water; it does not have the authority to regulate private water wells. According to the North Carolina Department of Health and Human Service's ("DHHS") website, "[p]ublic water systems serving at least 25 persons or having 15 service connections must meet legal standards set by the Safe Drinking Water Act and the National Primary Drinking Water Regulations. However, there is no mandated oversight of private well water quality; it is the responsibility of the homeowner to monitor the quality of their private well water. Despite the large number of private wells in North Carolina, fewer than 200,000 were tested for contaminants in the last decade (2000-2010). Since 2008 all newly constructed drinking water wells in North Carolina must be tested for bacterial and chemical contaminants within 30 days of the well completion; however, there are no other required tests for private wells in North Carolina." The State of North Carolina regulates private water wells through two agencies: NCDEQ Water Quality Regional Operations Section regulates permits for construction and NC DHHS regulates testing of private water wells. NCGS § 87-97, amended effective March 12, 1999, requires county health departments to have programs for the permitting, inspecting, and testing of private drinking water wells built after the effective date. The local health department administers the program and enforces the minimum requirements set out in state statute. I have attached these requirements to this memorandum. Though there is no federal oversight of private water wells, NCDEQ has set a standard for groundwater quality with respect to total chromium. This standard is 10 ug/L. In addition, DHHS has developed a health screening level for Chromium 6, using a method consistent with 15A NCAC 02L or .07 ug/L. This corresponds to a one in one million risk of cancer if exposed to the constituent for 70 years. This level is also only a recommendation and is not enforceable under statute, either federal or state, or by regulation. State statute and regulations do not place any financial responsibility on the county to remediate problems with private water wells; rather, generally speaking, individual private well owners are the primary party responsible for the safety of the water drawn from their wells. Lee County Water Concerns Pursuant to this Board's directive, baseline water sampling has been on-going in an area surrounding the proposed coal ash storage facility. As a result of this sampling, several property owners received reports in which the State Lab indicated that the levels of hexavalent chromium and vanadium in their well water exceeded NC DHHS allowable limits. When the State Lab published its first test results from Lee County taken pursuant to this Board's directive, staff was directed by NC DHHS to inform all affected property owners to refrain from drinking and cooking with their well water. There were apparent discrepancies between the opinions of DEQ and DHHS with respect to MCL for hexavalent chromium and vanadium. Because the Health Department conducted the sampling, it followed the recommendations of its state agency, NC DHHS. However, staff learned recently that NC DHHS is no longer recommending to refrain from drinking and cooking for any levels of hexavalent chromium or vanadium. Now, any inquiry as to the levels of constituents in lab tests and the meaning of those levels must be directed to Dr. Ken Rudo, the State Toxicologist, at the North Carolina Division of Public Health. Local Government Authority to Assist Property Owners with Affected Drinking Water Although counties are insulated from liability with regard to water services, the county is authorized under NCGS §153A-275 to provide water if it chooses to do so. However, precautions must be taken to ensure that the county is acting within all federal and state constitutional limitations.