North Carolina register, April 1986 - June 1998

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The
NORTH CAROLINA
REGISTER
IN THIS ISSUE
IN ADDITION
Final Decision Letters
Wildlife Resources Commission Proclamation
; ^ORT/Tg
«.
B
CCNi
tiomI II u
PROPOSED RULES
Environment, Health, and Natural Resources
Human Resources
Justice
Nursing, Board of State Personnel
Transportation
RECEIVED
FINAL RULES
Human Resources MAY 6 1992
RRC OBJECTIONS P\W. LIBRARY
RULES INVALIDATED BY JUDICIAL DECISION
CONTESTED CASE DECISIONS
ISSUE DATE: MAY 1, 1992
Volume 7 • Issue 3 • Pages 174-331
INFORMATION ABOUT THE NORTH CAROLINA RFGISTFR AND AOMTNTSTRATTVE rODF
NORTH CAROLINA REGISTER
TTie North Carolina Register is published twice a month and
contains information relating to agency, executive, legislative and
judicial actions required by or affecting Chapter 150B of the
General Statutes. All proposed administrative rules and notices of
public hearings filed under G.S. 150B-21.2 must be published in
the Register. The Register will typically comprise approximately
fifty pages per issue of legal text.
State law requires that a copy of each issue be provided free of
charge to each county in the state and to various state officials and
institutions.
The North Carolina Register is available by yearly subscription
at a cost of one hundred and five dollars (5105.00) for 24 issues.
Individual issues may be purchased for eight dollars (58.00).
Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings,
P. 0. Drawer 27447, Raleigh. N. C. 27611-7447.
ADOPTION AMENDMENT, AND REPEAL OF
RULES
The following is a generalized statement of the procedures to be
followed for an agency to adopt, amend, or repeal a rule. For the
specific statutory authority, please consult Article 2A of Chapter
150B of the General Statutes.
Any agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register. The notice must include the time and place of the public
hearing (or instructions on how a member of the public may request
a hearing): a statement of procedure for public comments; the text
of the proposed rule or the statement of subject matter; the reason
for the proposed action; a reference to the statutory authority for the
action and the proposed effective date.
Unless a specific statute provides otherwise, at least 15 days
must elapse following publication of the notice in the North
Carolina Register before the agency may conduct the public
hearing and at least 30 days must elapse before the agency can take
action on the proposed rule. An agency may not adopt a rule tliat
differs substantially from the proposed form published as part of
the public notice, until the adopted version has been published in
the North Carolina Register for an additional 30 day comment
period.
When final action is taken, the promulgating agency must file
the rule with the Rules Review Commission (RRC). After approval
by RRC, the adopted rule is filed with the Office of Administrative
Hearings (OAH).
A rule or amended rule generally becomes effective 5 business
days after the rule is filed with the Office of Administrative
Hearings for publication in the North Carolina Administrative Code
(NCAC).
Proposed action on rules may be withdrawn by the promulgating
agency at any time before final action is taken by the agency or
before filing with OAH for publication in the NCAC.
TEMPORARY RULES
Under certain emergency conditions, agencies may issi
temporary rules. Within 24 hours of submission to OAH, tl
Codifier of Rules must review the agency's written statement
findings of need for the temporary rule pursuant to the provisions
G.S. 150B-21.1. If the Codifier determines that the findings me
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC
the Codifier determines that the findings do not meet the criteri
the rule is returned to the agency. The agency may supplement i
findings and resubmit the temporary rule for an additional revie
or the agency may respond that it will remain with its initi
position. The Codifier, thereafter, will enter the rule into tl
NCAC. A temporary rule becomes effective either when tl
Codifier of Rules enters the rule in the Code or on the six
business day after the agency resubmits the rule without chang
The temporary rule is in effect for the period specified in the rule
180 days, whichever is less. An agency adopting a temporary n
must begin rule-making procedures on the permanent rule at t
same time the temporary rule is filed with the Codifier.
NORTH CAROLINA ADMINISTRATIVE COD
The North Carolina Administrative Code (NCAC) is
compilation and index of the administrative rules of 25 sti
agencies and 38 occupational licensing boards. The NC/
comprises approximately 15,000 letter size, single spaced pages
material of which approximately 35% of is changed annual
Compilation and publication of the NCAC is mandated by G
150B-21.18.
The Code is divided into Titles and Chapters. Each state ager
is assigned a separate title which is further broken down
chapters. Title 21 is designated for occupational licensing boards
The NCAC is available in two formats.
(1) Single pages may be obtained at a minimum cost
two dollars and 50 cents (S2.50) for 10 pages or le
plus fifteen cents (50.15) per each additional page.
(2) The full publication consists of 53 volumes, totaling
excess of 15,000 pages. It is supplemented montl
with replacement pages. A one year subscription to
full publication including supplements can
purchased for seven hundred and fifty doll:
(5750.00). Individual volumes may also be purchaj
with supplement service. Renewal subscriptions
supplements to the initial publication are available.
Requests for pages of rules or volumes of the NCAC should
directed to the Office of Administrative Hearings.
CITATION TO THE NORTH CAROLINA
REGISTER
The North Carolina Register is cited by volume, issue, p
number and date. 1:1 NCR 101-201, April 1, 1986 refer;
Volume 1, Issue 1, pages 101 through 201 of the North Carol
Register issued on April 1, 1986.
FOR INFORMATION CONTACT: Office ol
Administrative Hearings, ATTN: Rules Division, P.O
Drawer 27447, Raleigh. North Carolina 27611-7447. (919!
733-2678.
(
NORTH
CAROLINA
REGISTER
Ojjice ofAdministrative Hearings
P. O. Drawer 27447
Raleigh, i\C 27611-7447
(919) 733-2678
ISSUE CONTENTS
I. IN ADDITION
Final Decision Letters 174
Wildlife Resources Commission
Proclamation 176
II. PROPOSED RULES
Environment, Health, and
Natural Resources
Coastal Management 21
1
Environmental Health 223
Environmental Management .... 1 90
Human Resources
Facility Services 177
Social Services 183
Justice
Alarm Systems Licensing
Board 189
State Bureau of Investigation... 188
Licensing Board
Nursing, Board of 232
State Personnel
Office of State Personnel 237
Transportation
Highways, Division of 228
Julian Mann III,
Director
James R. Scarcella Sr.,
Deputy Director
Molly \Iasich,
Director APA Services
Staff:
Ruby Creech,
Publications Coordinator
Teresa Kilpatrick,
Editorial Assistant
Jean Shirley,
Editorial Assistant
III. FINAL RULES
Human Resources
Mental Health, Developmental
Disabilities and Substance
Abuse Services 297
rv . RRC OBJECTIONS 298
V. RULES INVALIDATED BY
JUDICIAL DECISION 301
VI. CONTESTED CASE
DECISIONS
Index to ALJ Decisions 302
Text of Selected Decisions 312
VII. CUMULATrVE INDEX 330
NORTH CAROLINA REGISTER
Publication Schedule
(January 1992 - December 1992)
Issue Last Day Last Day Earliest Earliest Last Day *
Date for for Date for Date for to Earliest
Filing Electronic Public Adoption Submit Effective
Filing Hearing by
Agency
to
RRC
Date
+++*+++++++++++++++++*++++++++++++*+++*+++++++++++++++++++++
01 02,92 12 09,91 12/16/91 01/17/92 02 01 92 02/20,92 04 01/92
01/15/92 12,20/91 12/31/91 01/30/92 02 14'92 02/20/92 04 01/92
02/03/92 01/10.92 01/17/92 02/18/92 03 04/92 03,/20/92 05 01/92
02/14/92 01 24/92 01,'3 1/92 02/29 92 03'15'92 03/20/92 05/01/92
03/02,92 02 10/92 02/17/92 03/17/92 04 01/92 04,'20/92 06 01/92
03/16/92 02 24/92 03/02/92 03/31,-92 04 15/92 04/20/92 06/01/92
04/01/92 03 11/92 03,18/92 04 16 92 05 01/92 05/20'92 07/01/92
04/15/92 03 25/92 04 01/92 04 30 92 05 15/92 05/20/92 07/01/92
05/01/92 04 10/92 04/17/92 05/16'92 05 31/92 06/20/92 08/03/92
05/15/92 04 24/92 05 01/92 05/30/92 06/14/92 06/20/92 08/03/92
06/01/92 05 11 92 05/18,92 06 16 92 07 01/92 07/20/92 09/01/92
06/15/92 05 22,92 0601/92 06 30/92 07 15 92 07/20/92 09-01/92
07/01/92 06 10/92 06/17/92 07 16 92 07 31/92 08/20/92 10 01/92
07/15/92 06 24/92 07,01/92 07'30/92 08 14/92 08/20/92 10/01/92
08/03/92 07/13,92 07/20/92 08 18/92 09 02/92 09/20/92 11/02/92
08/14/92 07/24/92 07/31/92 08,29 92 09 13/92 09,20/92 11/02/92
09/01/92 08 11/92 08/18/92 09 16 92 10 01 92 10 20/92 12 01.92
09/15/92 08 25/92 09/01/92 09 30 92 10 15 92 10 20,92 1201/92
10/01/92 09 10/92 09,17/92 10/16 92 10 31 92 1 1 -20/92 01 04 93
10/15/92 09 24/92 10/01/92 1030/92 11 14 92 11 20/92 01 04,93
11/02/92 1012/92 10/19/92 11/17/92 120292 12 20/92 02/01/93
11/16/92 10 23,92 10/30/92 12 01/92 12 1692 12,20/92 02 01/93
12/01/92 11 06/92 11/13,92 12 16 92 1231 92 01,20/93 03 01/93
12/15/92 11 24,92 12,01/92 12 30 92 01 14 93 01 20/93 03 01/93
* The "Earliest Effective Date" is computed assuming that the agency follows
the publication schedule above, that the Rules Review Commission approves the
rule at the next calendar month meeting after submission, and that RRC delivers
the rule to the Codifier of Rules five (5) business days before the 1st business
day of the next calendar month.
IN ADDITION
[G.S. 120-30.9H, effective July 16, 19S6, requires that all letters and other documents issued by the
A ttorney General of the United States in which a final decision is made concerning a "change af-fecting
voting" under Section 5 of the Voting Rights Act of J 965 be published in the North Carolina
Register. /
U.S. Department of Justice
Civil Rights Division
JRD:LLT:KAL:tlb .
DJ 166-012-3 Voting Section
92-0426 P.O. Box 66128
Washington, D.C. 20035-6128
April 3, 1992
George A. Weaver, Esq.
Lee, Reece & Weaver
P. O. Box 2047
Wilson, North Carolina 27894-2047
Dear Mr. Weaver:
This refers to the 1992 redistricting plan for the county commission in Wilson County, North
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965,
as amended, 42 U.S.C. 1973c. We received your initial submission on February 3, 1992; supplemental
information was received on February 26, 1992.
The Attorney General does not interpose any objection to the specified change. However, we note
that Section 5 expressly provides that the failure of the Attorney General to object does not bar sub-sequent
Htigation to enjoin the enforcement of the change. In addition, as authorized by Section 5,
we reserve the right to reexamine this submission if additional information that would otherwise require
an objection comes to our attention during the remainder of the sixty-day review period. See the
Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43).
Siacerely,
John R. Dunne
Assistant Attorney General
Civil Rights Division
By:
Steven H. Rosenbaum
Chief, Voting Section
7:3 NORTH CAROLINA REGISTER May I, 1992 174
IN ADDITION
U.S. Department of Justice
Civil Rights Division
JRD:GS:SKM:lri
DJ 166-012-3 Voting Section
92-0597 P.O. Box 66128
Washington, D.C. 20035-6128
April 10, 1992
Michael Crowell, Esq.
TTiarrington, Smith & Hargrove
P. O. Box 1151
Raleigh, North Carolina 27602
Dear Mr. CroweU:
This refers to the change in method of election to limited voting for the Town of JamesviUe in
Martin County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting
Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on February 11, 1992.
The Attorney General does not interpose any objection to the specified change. However, we note
that Section 5 expressly provides that the failure of the Attorney General to object does not bar sub-sequent
litigation to enjoin the enforcement of the change. See the Procedures for the Administration
of Section 5 (28 C.F.R. 51.41).
Sincerely,
John R. Dunne
Assistant Attomey General
Civil Riehts Division
By:
Steven H. Rosenbaum
Chief, Voting Section
175 7:3 NORTH CAROLINA REGISTER May 1, 1992
IN ADDITION
1 his Section contains public notices that are required to be published in the Register or have been
approved by the Codifier of Rules for publication.
North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fuilwood, Executive Director
PROCLAMATION
Charles R. Fuilwood, Executive Director, North Carolina Wildlife Resources Commission, acting
pursuant to North Carolina Statute § 113-292 (cl) and authority duly delegated by the Wildlife Re-sources
Commission, hereby declares that effective at 12:01 a.m. on 20 ApriJ, 1992, the season for
harvesting striped bass by hook-and-line is closed in all inland and joint waters of the Roanoke River
Striped Bass Management Area.
The Roanoke River Striped Bass Management Area is defmed as the inland and joint fishing waters
of the Roanoke River, extending from its mouth to Roanoke Rapids Dam and all tributaries of the
Roanoke River, including but not limited to, the Cashie, Middle, and Eastmost Rivers and their
tributaries.
This Proclamation shall remain in effect until January 1, 1993, or untU a new proclamation reopening
the described waters or portions thereof for striped bass fishing is issued.
NOTES:
a) This Proclamation is issued under the authority of N.C.G.S.§§ 113-132; 113-134; 113-292; 113-304;
and 113-305.
b) The striped bass harvest quota for the hook and line sport fishery of the Roanoke River Striped
Bass Management Area has been met, and the area is closed for striped bass fishing until reopened
as prescribed herein.
c) All striped bass regardless of condition taken subsequent to the effective date and time of this
Proclamation shall be immediately returned to the waters where taken and no striped bass may
be possessed.
d) Any person who violates this Proclamation also violates apphcable law and is subject to the
sanctions provided by law.
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
by_
Charles R. FuUwood
Executive Director
7:3 NORTH CAROLINA REGISTER May I, 1992 176
PROPOSED RULES
TITLE 10 - DEPARTMENT OF HUMAN
RESOLRCES
lyotice is hereby given in accordance with G.S.
ISOB- 2 1.2 that the Medical Care Commission
(Division of Facility Services) intends to adopt
rules cited as 10 NCAC 3B .0801 - .0806; 3H
.0221; amend rules cited as 10 NCAC 3H .0/08,
.0315.
1 he proposed effective date of this action is A u-gust
1, 1992.
1 he public hearing will be conducted at 9;30
a.m. on June 12, 1992 at the Room 201, Council
Building. 701 Barbour Drive, Raleigh. NC 27603.
Reason for Proposed Action:
10 NCAC 3B .0801 - .0806. To adopt rvles for the
implementation of an appeal process required by
1990 OBRA to hear appeals arising from the dis-charge
or transfer of nursing home patients.
10 NCAC 3H .0108, .0315. To bring the definitions
into compliance with the Omnibus Budget Recon-ciliation
A ct.
10 NCAC 3H .0221. To strengthen the adminis-trative
penalty process by incorporating it into a
rule.
Ccomment Procedures: Written comments
should be submitted to Jackie Sheppard, 701
Barbour Drive, Raleigh, North Carolina 27603 by
June 11. 1992. Oral comments may be given at
the hearing.
CHAPTER 3 - FACILITY SERVICES
SL BCHAPTER 3B - PROCEDURAL RULES
SECTION .0800 - HEARINGS: TR.\NSFERS
AND DISCHARGES
.0801 DEFINITIONS
The foUowmg definitions will apply throughout
this Subchapter:
(1) ''Agency" means the Hearing Officer and
his otTice in the Di\ision of Facility Ser\'ices.
Department of Human Resources.
(2) "Dismissal" means the dismissal of a re-quest
for a hearing if
(a) the applicant withdraws the request in
wntmg: or
(b) the applicant fails to appear at a scheduled
hearing without good cause.
(3) "Division" means the North Carolina Di-vision
of Facility Services of the Department
of Human Resources.
(4) "Facihty" means a skilled nursing facihty
(SNF), or a nursing facility (NF) which
meets the requirements of sections 1819 and
1919(a), (b), (c). and (d) of the Social Secu-rity
Act. 'Tacihty" may include a distinct
part of an institution specilied in 42 CFR
44U-40 or 42 CFR 440-150, but does not
include an institution for the mentally re-tarded
or persons with related conditions
descnbed in 42 CFR 440-15Q(c).
(5) "Hearing Officer" means the person desig-nated
to preside over hearings between resi-dents
and nursing facility providers regarding
transfers and discharges.
(6) "Notice" means a notification by the fa-cility
to the resident of a transfer or dis-charge.
The notice must include:
(a) reason for the transfer or discharge;
the effective date of the transfer or dis-
Ml
charge;
the location to which the resident is
transferred or discharged;
statement that the resident has the right
to appeal to the Hearing Officer;
(e) the name, address, and telephone number
of the state Lon.g-Term Care Ombuds-man:
111
(£i
for nursing facility residents with de\elop-mental
disabilities, the maihng address
and telephone number of the agency re-sponsible
for the protection and advocacy
of de\elopmentally disabled indi\iduals
established under Part C of the Develop-mental
Disabilities Assistance and BiU of
Riahts Act; and
for nursing facility residents who are
mentally ill, the mailing address and tele-phone
number of the agency responsible
for the protection and advocacy of men-tally
ill individuals established under the
Protection and Ad\ocacy for Mentally 111
Individuals Act.
<Jl "Request for a Hearing" means a clear
expression, in writing, by the resident or his
authorized representative, that he wants the
opportunity to present his case to the hear-ing
otTicer.
8| "Request for Hearing Form" means a form
which is to be given to the resident or his
designated representati\'e simultaneous with
the Notice of Transfer or Discharge. Fhe
request for hearing form must include at the
least:
{^ the date of Notice of Transfer or Dis-charge;
777 .i NORTH CAROLINA REGISTER May I, 1992
PROPOSED RULES
(b) the date to be transferred or discharged;
(c) Division of Facility Services' correct mail
(91
ing address and phone number;
resident's name, address, telephone num-ber,
and social securitv number;
the nursing facility's name and address;
name, address, and telephone number of
authorized representative; and
space to elect the option of a hearing by
telephone or in person.
"Resident" means any person who is re-ceiving
treatment or long-term care in a fa-cihty,
or his authorized representative.
(10) ''Serve" or "Service" means personal de-livery,
deUvery by first class or certified
L'mted States Postal Ser\dce mail or delivery
by licensed overnight express mail, postage
prepaid and addressed to the party at his or
her last Icnown address. Service by mail or
licensed overnight express mail is complete
upon placing the item to be served, enclosed
in a wrapper addressed to the person to be
served, in an official depository of the
United States Postal Service or upon deliv-ery,
postage prepaid and wrapped in a
wrapper addressed to the person to be
served, to an agent of the overnight express
mail service. For purposes of service on the
Division, the Hearing Officer of the Division
shall be the designated agent.
Authority 42 U.S.C.S. 1396 r (e) (3) and (f)
(3); 42 C.F.R. 483.5; 42 C.F.R. 483. 12; G.S.
1438-165(10).
.0802 GENERAL
(a) The Division has estabhshed an appeal
process for nursing facthty residents who have
been notified of transfer or discharge. AU resi-dents
who have been advised of the date of
transfer or discharge in writing, may request that
the Division Hearing Officer set a date for a fair
hearing in accordance with and subject to these
Rules.
(b) The Rules of Civil Procedure as contained
in G.S. lA-1 and the General Rules of Practice
for the Superior and District Courts as author-ized
by G.S. 7A-34 and found m the Rules Vol-ume
of the North Carolina General Statutes shall
not apply in anv hearings held by the Division
Heanng OlTicer unless another specific statute or
rule provides otherwise. Di\'ision hearings are
not hearings within the meaning of G.S. Chapter
15QB and will not be governed by the provision
of that Chapter unless otherwise stated in these
Rules. Parties may be represented by counsel at
the hearing.
Authority 42 U.S.C.S. 1396 r (e) (3) and (f)
(3); 42 C.F.R. 483.12; G.S. 1438-165(10).
.0803 INITIATING A HEARING
(a) In order to initiate a hearing with the
Hearing OtTicer, a resident must first have been
served by the facility administrator with a written
Notice of Transfer or Discharge and must file a
Request for Hearing in accordance with the
Rules in 10 NCAC 3B .0800. The Request for
Hearing must be in writing and must be signed
by the resident. A Request for Hearing form
shall be provided to the resident by the facility for
this purpose.
(b) The hearing is a mechanism for Ustening to
appeals by residents concerning disputes over
transfers and discharges. The hearing shall be
narrowly focused on discharge and transfer issues
between the nursing facihty and the resident and
shall not involve Medicaid matters such as ehgi-bihty,
which is the responsibility of the Medicaid
hearing officer.
(c) Should an appeal of the Notice of Transfer
or Discharge be desired, a Request for a Hearing,
accompanied by the Notice of Transfer or Dis-charge,
shall be served to the Hearing Officer and
must be received by him no later than 1 1 days
from the date of the facihty's Notice of Transfer
or Discharge. If the request for hearing has not
been received within 1 1 days, the resident shall
waive his right to appeal. The resident must be
notified of the option for the hearing to be in
person (face-to-face) or by telephone.
(d) The facihty administrator must make
available to the resident information and records
at least five working davs prior to the hearing to
enable an opportunity for review and prepara-tion.
Ihe facility administrator must fon.'.'ard
identical information relevant to the transfer or
discharge to the agency, to be received at least
live working days prior to the hearing.
Authority 42 U.S.C.S. 1396 r (e) (3) and (f)
(3); 42'C.F.R. 483.12; GS. 1438-165(10).
.0804 NOTICE OF HEARING
Upon receipt of a timely request for a hearing,
the Hearing Officer shall promptly notify all par-ties
of receipt of the Request and shall arrange
with the parties a time, date, and telephone
numbers (if by phone conference). If the hearing
is to be conducted in person (face-to-face),
hearings will be held m the Council Building. 701
Barbour Drive on the Dorothea Dix Campus in
Ralei.gh. North Carolina, with time and date ar-ranged
with the parties by the hearing officer.
The resident, facility administrator, and other in-
7:5 NORTH CAROLINA REGISTER May 1, 1992 178
PROPOSED RULES
tercsted parties will be served notice of the date
of hearing.
Authority 42 U.S.C.S. 1396 r (e) (3) and (f)
(3): 42 C.F.R. 483.12; G.S. 1438-165(10).
.0805 DOCUMENTS
AU documents required to be filed pursuant to
these Rules shall be served on all other parties
by the filing party.
Authority 42 U.S.C.S. 1396 r (e) (3) and (f)
(3); 42 C.F.R. 483.12; G.S. 1438-165(10).
.0806 HE.\RING OFFICER'S FINAL DECISION
Ihe Hearing OfTicer's final decision will either
uphold or reverse the facihty's decision. Copies
of the final decision shall be served upon the
parties.
Authority 42 U.S.C.S. 1396 r (e) (3) and (f)
(3); G.S. 1438-165(10).
SUBCHAPTER 3H - RULES FOR THE
LICENSING OF NURSING HOMES
SECTION .0100 - GENERAL INFORMATION
.0108 DEFINITIONS
The following definitions will apply throughout
this Subchapter:
(1) "Accident" means an unplanned or un-wanted
event resulting in the injury or
wounding, no matter how slight, of a patient
or other individual.
(2) "Adequate" means, when applied to vari-ous
aroas services, that the services are at
least satisfactory in meeting a referred to
need when measured against contemporary
professional standards of practice.
(3) "Administrator" means the person who
has authority for and is responsible for the
overall operation of a facility.
(4) "Appropriate" means right for the specified
use or purpose, suitable or proper when
used as an adjective. When used as a tran-sitive
verb it means to set aside for some
specified exclusive use.
(5) "Brain injurv' extended care" is defmed as
a multi-discipUne maintenance program for
patients who have incurred brain damage
caused by external physical trauma and who
have completed a primary course of
rehabilitative treatment and have reached a
point of no gain or progress for more than
three consecutive months. Services are
provided through a medically supervised
inter-disciplinary process and are directed
toward maintaining the individual at the
optimal level of physical, cognitive and be-havioral
functions.
(6) "Capacity" means the maximum number
of patient or resident beds for which the fa-cility
is licensed to maintain at any given
time. Wh* numbor uhall be dotorminod as
follows:
(*) Bodroomo shall have minimum uquaro
footage »f WO square feet' fo* a single
bedroom aft4 80 square feet pep pationt
&f rooidont m multi boddud rooms. This
space » toilot rooms, washrooms, closets,
vostibulos, corridors, aft4 budt in fumi
fb^ Dining, rocroation an4 common «*e aroas
"11 r^il'il-\I.i t- ^-^ -1 1 1 j--^ t --1 I r\ /-i LjiO^ t 1-1 -1 fi I ^ f- f-i 1 1 <-> rr^
Fi^^t t^^ij; ^^Oj^ Tj-1 y fi 1 \ r c- t n I -r )^a^\c o r-i ^-^ r\ j-y I r-\ r- r'
l\jyj\. LTV," I ITVTJ rTTr rTTTTmm^ TTCTT^ Com 1 l.\J 1\J J\5
^J^^^^i ^^^1 ^^^^^^^j^^ ^^^^^L I^^^Jl 1^^^^^ T r-\ T* ^"i r^ r^n < ^-'i I < ^-i **i r iTTttTT rrTT L^J \JlHI \J r^^^Tr ^^^T ^^^^T rTTT tR^TlUVlIJUl T"
home beds.
(7) "Combination Facility" means a combi-nation
home as defmed in G.S. 131E-101.
(8) "Convalescent Care" means care given for
the purpose of assisting the patient or resi-dent
to regain health or strength.
(9) "Department" means the North Carolina
Department of Human Resources.
(10) "Director of Nursing" means the nurse
who has authority and direct responsibility
for all nursing services and nursing care.
(11) "Drug" means substances:
(a) recognized in the official United States
Pharmacopoeia, official National
Formulary, or any supplement to any of
them;
(b) intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of
disease in man or other animals;
(c) intended to affect the structure or any
function of the body of man or other ani-mals,
i.e., substances other than food; and
(d) intended for use as a component of any
article specified in (a), (b), or (c) of this
Subparagraph.
(12) "Duly Licensed" means holding a current
and valid license as required under the Gen-eral
Statutes of North Carolina.
(13) "Existing Facility" means a licensed facil-ity
currently licensed ©f a proposed facility,
proposed addition te a licensed facility ©f
proposed remodeled licensed facility tba*
wttt be built according te- plans afi4 specifi
cations '
iS'hich have been appro
'
ed by the
Department. through the preliminar;'
'
working drassings stage prior te the effective
date ef tte Rule.
(14) "Exit Conference" means the conference
held at the end of a survey inspection or in-
779 7:3 NORTH CAROLIN.A REGISTER Mav I, 1992
PROPOSED RULES
vestigation b+rt prior te rinaliging tfee oamo,
between the Department's representatives
wbe- conductod tbe supi'oy, inspoction &f m-veotigation
and the facihty administration
representative.
(15) "Incident" means an unplanned or un-wanted
event which has not caused a wound
or injury to any individual but which has the
potential for such should the event be re-peated.
(16) " Interdisciplinary" means an integrated
process involving a representative from each
discipline of the health care team.
(17) (+6) "Licensed Practical Nurse" means a
nurse who is duly licensed as a practical
nurse under G.S. 90, Article 9A.
(18) fW) "Licensee" means the person, firm,
partnership, association, corporation or or-ganization
to whom a license has been is-sued.
(4^ "Life Coro Contor" means as institution,
firm, aooociation, orgaiuzation, corporation,
partnorohip, individual &f other business
which advortiooa te th» public e* provides
continuing eaf© te individuals fof lifo ifi-cluding
rotiromont, domiciliary, aft4 nursing
eape facihtios, from tfee timo ©f admiocion t«-
tbe time ©f death. Such continuing eafe is
furnished pursuant te- a continuing eafe
Qgroomont aft4 t» individuals eet- related by
consanguinity ©f affmity te- tbe provider.
(19) "Medication" means drug as defmed in
(11) of this Rule.
(20) "New Facility" means a proposed facility,
a proposed addition to an existing facility
or a proposed remodeled portion of an ex-isting
facility that is constructed according
to plans and specifications approved by the
Department subsequent to the effective date
of this Rule. If determined by the Depart-ment
that more than half of an existing fa-cility
is remodeled, the entire existing facility
shall be considered a new facility.
(21) "Nurse Aide" means afty person regardless
©f worlcing titl« wb© is qualified t© provide
nursing eafe under Ae supenision ©f a li-any
individual providing nursing or nursing-related
services to patients in a facility who
is not a Licensed health professional, a regis-tered
dietitian or someone who volunteers
to provide such services without pay, and
Listed in a nurse aide registry approved by
the Department. aft4 is hst ed witb the
Board ©f Nursing Central Registry.
(22) "Nurse Aide Trainee" means an individual
m training t© bocomo a nuroo aide , who has
not completed an approved nurse aide
training course and competency evaluation
and is providing limited direct patient care
services under nursing supervision. The
term does not apply to volunteers.
(23) "Nursing Facihty" means that portion of
a nursing home certified under Title XIX of
the Social Security Act (Medicaid) as in
compliance with federal program standards
for nursing facilities. It is often used as
synonymous with the term "nursing home"
which is the usual prerequisite level of state
hcensure for nursing facihty (NF) certif-ication
and Medicare skilled nursing facLhty
(SNF) certification.
(24) "Nurse in Charge" means the nurse to
whom duties for a specified number of pa-tients
and staff for a specified period of time
have been delegated, such as for Unit A on
the 7-3 or 3-11 shift.
(25) "On Duty" means personunel who are
awake, dressed, responsive to patient needs
and physically present in the facility per-forming
assigned duties.
(26) "Operator" means the owner of the nurs-ing
home business.
(27) "Patient" moans afty person admitted fof
nursing care . "Person" means an individual,
trust, estate, partnership or corporation in-cluding
associations, joint-stock companies
and insurance companies.
(28) "Proposal" means a Negative Action
Proposal containing documentation of
fmdings that may ultimately be classified as
violations and penalized accordingly.
(29) (48) "Provisional License" means an
amended hcense recognizing significantly
less than full comphance with the hcensure
rules. It- is applicable t© Hew hconsoos who
control ©F to liconoooo with serious compli
anco problems.
(30) (3^ "Physician" means a person hcensed
under G.S. Chapter 90, Article 1 to practice
medicine in North Carolina.
(31) (4^ "Qualified Dietitian" means a person
who meets the standards and qualification
estabhshed by the Commission on Dietetic
Registration of the American Dietetic Asso-ciation.
(32) "Qualified Activities Director" means a
person who has the authority and responsi-bihty
for the direction of all therapeutic ac-tivities
in the nursing facihtv and who meets
the qualifications set forth under 10 NCAC
3H .1204.
(33) "Qualified Pharmacist" means a person
who is hcensed to practice pharmacy in
7:3 NORTH CAROLINA REGISTER May I, 1992 180
PROPOSED RULES
North Carolina and who meets the quali-fications
set forth under H) NCAC 3H .U903.
(34) 'Qualified Social Services Director" means
a person who has the authonty and respon-sibility
for the pro\ision of social services in
the nursing home and who meets the quali-fications
set forth under 10 NCAC 3H .1306.
(35) (44-^ "Registered Nurse" means a nurse
who is duly licensed as a registered nurse
under G.S. 90, .\rticle 9A.
(36) f^^ "Resident" means any person admit-ted
for care to a domiciliary home part of a
combination home as defined in G.S.
131E-101.
(37) f34) "Sitter" means an individual employed
to provide companionship and social inter-action
to a particular patient, usually on a
private duty basis.
(3S) (44^ "Super\isor-in- Charge (domiciliary
home)" means any employee to whom su-pervisory
duties for the domiciliary home
portion of a combination home have been
delegated by either the Administrator or Di-rector
of Nursing.
(39) "Surveyor" means an authorized repre-sentati\'
e of the Department who inspects
nursing facilities and combination facilities
to determine comphance with rules as set
forth m G.S. 131F-1 17 and applicable state
and federal laws, rules and regulations.
(40) (4^ "Ventilator dependence ' is defmed as
physiological dependency by a patient on
the use of a ventilator for more than eight
hours a day.
(41 ) "Violation" means a finding which directly
relates to a patient's health. s^d'et\ or welfu-e
or which creates a substantial risk that death
or senous physical harm will occur and is
detcnnincd to be an infraction of the regu-lations,
st^mdards and requirements set forth
in G.S. 131E-1 17 or applicable state and
federal laws, rules and regulations.
Authority G.S. 131 E- 104; 42 U.S.C. J396 r (a).
SECTION .0200 - LICENSURE
.0221 ADMINISTRATIVE PENALTY
DETERMINATION PROCESS
(a) The surveyor shall identify areas of non-compliance
resulting from an investigation or
sur\ey which may he violations of patients' nglits
contained in Cj.S. 13H--1 17 or rules contained in
this Subchapter. The areas of non-complia
(b) The Internal Review Committee shall be
composed of three members:
(
I
) The assistant chief of the I icensure Sec-tion,
who shall serve as chairman;
(3) The head of the Complaints Investigation
Branch, if the proposed is the result of a
health care survey; or the head of the
Health Care lacdities Branch, if the pro-posal
is the result of a complaint investi-gation;
and
(3) A third party selected by the chief of the
Licensure Section.
(c) The Department shall notify the licensee
by certified mail within 10 workmg days from the
time the proposal is received by the Internal Re-view
Committee that an administrative penalty
is being considered.
(d) The licensee shall have J_0 working da\'s
from receipt of the notification to pro\ide the
Department any additional written information
relating to the proposed administrative penalty.
The licensee shaU have fi\e working davs from
receipt of the notification to ad\ise the Depart-ment
as to whether the licensee, an authorized
representative or both plan to meet with the
Internal Re\iew Committee.
(e) If the licensee chooses to attend the meeting
as pro\ided in Paragraph (d) of this Rule, a sur-veyor
or a representative of the branch which
conducted the investigation or survey shall attend
the Internal Review Committee meeting when
sur\ey schedules permit. Ihe Department shall
notify the Di\ision of Aging of the licensee's
plans to meet with the Committee or any change
in the date or time of the meeting. Ihe agency
that conducted the sur\ey or m\cstigation shaU
be responsible for notifying the complainant, if
any. The complainant, if anv. may attend the
meeting relating to his or her complaint.
(f) The Internal Re\ie\\ Committee shall re-view
aU Negative Action Proposals, anv sur
shall be documented b\ the sur\eyor and a Neg-ative
.Action Proposal submitted to the Internal
Review Committee.
porting e\idence, and anv additional information
provided by the hcensee that ma\' ha\e a bearing
on the proposal such as documentation not
available during the investigation or survey,
action taken to correct the \iolation and plans to
prevent the \iolation from recumng.
(g) There shall be no taking of sworn testimony
nor cross-examination o^ anyone durmg the
course of Intem;.il Review Committee meetings.
(h) Time shall be allowed during the Internal
Resiew Committee meetings for individual pres-entations,
the total for which shall normalU' be
one hour for each facility" where the violations
took place, but shall not exceed two hours. I he
amount ot~ time allowed, up to two hours, shall
be at the discretion of the Internal Review-
Committee chair. Ihe order in which presenters
ISl 7:3 NORTH CAROLINA REGISTER Mm 1, 1992
PROPOSED RULES
shall speak and length of presentations shall also
be at the discretion of the chair.
lil If it is determined that the licensee has vio-lated
applicable rules or statutes, the Internal
Review Committee shall recommend an admin-istrative
penalty type and amount for each vio-lation
pursuant to G.S. 131E-129. The
Department shaU notify the licensee by certified
mail of the Committee's decision within five
working days following the Internal Review
Committee meeting.
(i) If the recommended penalty is classified as
Type B but is not a repeat violation (as defined
by G.S. 131E-129), the licensee may accept the
recommendation and notify the Department by
certified mail within five working days following
receipt of the recommendation. If the penalty is
accepted, the licensee has 60 days from receipt
of the recommendation to pay the penalty.
(k) If the recommended penalty is a Type A
violation; is a Type B violation for which a
monetary or non-monetary penalty was assessed
during the previous 12 months or within the time
period of the previous licensure inspection, which
ever time period is longer; or is a Type B vio-lation
as provided in Paragraph (j) of this Rule
but is not accepted by the licensee, the Internal
Review Committee shall forward to the Penalty
Review Committee the penalty recommendation,
the rationale for the recommendation and all in-formation
reviewed by the Internal Review
Committee.
(1) The Penalty Review Committee meets
monthly, if there are administrative penalty rec-ommendations
from the Internal Review Com-mittee^
The Penalty Review Committee may
a.gree with or recommend changes to the Internal
Review Committee's recommendations. If the
recommendations are different from those of the
Intemal Review Committee, the Department
shall notify the licensee the day of the Penalty
Review Committee meeting.
(m) Recommendations bv the Penalty Review
Committee shall be documented and forwarded
to the Chief of Licensure who shall have five
working days from the date of the Penalty Re-view
Committee meeting to determine and im-pose
administrative penalties for each violation
as provided b^ G.S. 131E-129 and notify the
licensee by certified mail.
(n) The hcensee shall have 60 davs from receipt
of the notitication to pay the assessment as pro-vided
by G.S. 131E-129 or 30 days to appeal the
decision as provided by G.S. 150B-22. The De-partment
shall notify the Attorney General's Of-fice
of any outstandmg assessments.
Statutory Authority G.S. 13ID-34; 13IE-I04;
143B-I65.
SECTION .0300 - GENERAL STANDARDS OF
ADMINISTRATION
.0315 NURSING HOME PATIENT OR
RESIDENT RIGHTS
(a) Written policies and procedures shall be
developed and enforced to implement require-ments
in G.S. 131E-115 et seq. (Nursing Home
Patients' BiQ of Rights) concerning the rights of
patients and residents. The Administrator shall
make these policies and procedures known to the
staff, patients and residents, and families of pa-tients
and residents and shall ensure their avail-ability
to the public by placing them in a
conspicuous place.
fb) Afiy violations ef patient righto oontainod
t» G.S. 1 3 1 E 117 shall be detorminod by repro
sentativQS ef A« Depajtment by invootigation ef
supi'oy.
fG^ If a lioonsod facility i« found te- b» ia ¥ie-lation
»f afty ef tfee rights containod m G.S.
131E 1 17, the Department shall imposo ponaltioo
fof each violation as provided by G.S. 131E 129.
(4) \\Tien the Department ha* boon notifiod
that corrective action has boon takon fop oach vi-
O I n t * "^ *^ T rjm-iTu-''-tt«/--vr-t £^i cr^^^^ c-\~i ••\\\ I^^ Q^^^T^ 1-^t f ^xQ^i
©f moro repre sentatives ©f the Department.
fe) The Dopartmont shall calculat e a total ef
aH fmos loviod against a faciUty based &» the
number afi4 oovority »f violations aft4 the num
m each violation.
ff^ The Dopartmont shall fpisA a statement te
the facility showing a total fifie fof each violation
•~tr-\ /{ ^ <-t t - I r~i\ rtnr\r' H i »i-v i r-K V-> i-^ yft < ^H T .^ T- --ill T r-i /-v UJ IVI CT IVTlirr CT 1 1_1 1U7 UTTV TTT VV L'LLIVI rTTT UJJ I WJ
lationo. The facility shall pay the penalty within
60 days unless a hoaring is roquostod under G.S.
Gbaptef 4^4» aft4 W NGAe 4* rOOOO.
(g) WTion it is found tfeat a violations ©f G.S.
131E 117 has occurred b«t correctiv e action was
tolton prior te- the date ©f disco vory, finos shall
be oalculatod aft4 assessed ift aocordanoo Vritb fe)
afidff^ef this Rulo.
(b) (h^ In matters of patient abuse, neglect or
misappropriation the definitions shall have the
meaning defined for abuse, neglect and exploita-tion
respectively as contained in the North
Carolina PROTECTION Q^ THfe ABUSED,
NEGLECTED ©R EXPLOITED DIS.VBLED
ADULT Ae*T Protection of the Abused, Neg-lected
or Exploited Disabled Adult Act, G.S.
108A-99 et seq.
Authority G.S. I3IE-104; 13IE-I24; I3IE-129;
42 U.S.C. 1396 r (e) (2) (B).
7:3 NORTH CAROLINA REGISTER May I, 1992 182
PROPOSED RULES
•^•k-k'k-k'k-k-k-k-k-k-k-k-k-k-k-k-k
lyotice is hereby given in accordance with G.S.
150B-21.2 that the Social Services
Commission/ Division of Social Services intends to
amend rule cited as 10 NCAC 25 .0/02.
1 he proposed effective date of this action is A u-gust
I, 1992.
1 he public hearing will be conducted at 10:00
a.m. on June 3. 1992 at the Albemarle Bldg.,
Room S64, 325 A'. Salisbury St.. Raleigh, NC.
J\eason for Proposed Action: This rule is being
amended in response to recent legislation requiring
that each agency maintain a mailing list of notice
of rulemaking and giving the agency the authority
to charge a fee.
Cc' omment Procedures: Comments may be pre-sented
anytime in writing before or at the public
hearing or orally at the hearing. Time limits for
oral remarks may be imposed by the Commission
Chairman. Any person may request copies of this
rule by calling or writing to Donna Creech. Divi-sion
of Social Services. 325 A'. Salisbury St.,
Raleigh, NC 27603, (919) 733-3055.
CHAPTER 25 - SOCIAL SERVICES:
PROCEDURE
SECTION .0100 - PROCEDL RES: COMMISSION
.0102 NOTICE
(a) Upon a determination to hold a rulemaking
proceeding, either in response to a petition or
otherwise, the commission or its designee shall
give ^ at least 15 days notice to all interested
parties of a pubhc hearing on the proposed rule.
(b) Any person or agency desiring to be placed
on the mailing list for commission rulemaking
notices may must file a request in writing, fur-nishing
its name and mailing address, with:
Special Assistant to the Director
Division of Social Services
Department of Human Resources
325 North Salisbury Street
Raleigh, North Carolmaj;z44427603
Persons or agencies on this mailing list will be
billed annually. Names will be deleted from the
mailing list if payment is not received by June 31)
each \car. 4-bt» roquoot must ;:.tut(i the iiubjoot
areas within the authonty ef t^ oommisoion fof
which notice i* rt'quei. tL'd.
f&f 4-he comini 'i fiion &f ite dcjignoo ohall roviow
i4* mailing fot- periodically aft4 metf write to afty
poroon ©ft %h» fet te inquire whether that poroon
wioheG t«- remain ©» tfe# li^ if fto rosponoo is
rooeivod, that person may be removed from the
fotr
ef rulemaking proooodingG shall be seftt i» com
munity, opocial interest, govommont, trade, et
professional organiaations fof pubhoation.
fe^ UTion the agency intends to adopt a Fwle
by reference, the rulemaking notice shall include ,
ift addition to the roquiromonto stated m G.S.
15QB 13(a):
f44 ^he name aR4 address »f the agency ef
organii'.ation v.'hioh pro'i iously adopted
the material,
(4) the title emd identifying number »f previ
ously adopted material, aft4
f^ the date im4 edition 94^ pres iously adopted
material.
(c) ff^ .\ny person desiring information in addi-tion
to that provided in a particular rulemaking
notice may contact:
Special Assistant to the Director —
Division of Social Services
Department of Human Resources
325 North Salisbury Street
Raleigh, North Carolina^544427603
Statutory Authority G.S. J43B-/53; I50B-2I.2.
Nootice is hereby given in accordance with G.S.
I50B-2I.2 that the Social Services Commission
(Division of Facility Services) intends to amend
ndes cited as 10 NCAC 42C .2303 - .2304 and
adopt rule cited as 10 NCAC 42C .3601.
1 he proposed effective date of this action is Au-gust
I, 1992.
1 he public hearing will be conducted at 10:00
a.m. on June 3, 1992 at the Albemarle Bldg.,
Room S64, 325 North Salisbury St., Raleigh, NC
27603.
I\eason for Proposed Action: 10 NC.\C 42C
.2303 - .2304. These rules were recommendations
of the DFS HIV Disease Rules Workgroups be-cause
residents in HI V designated domiciliary fa-cilities
have special needs not accommodated by
existing rules.
10 NCAC 42C .3601. To strengthen the adminis-trative
penalty process by incorporating it into a
rule.
183 7:3 NORTH CAROLINA REGISTER May I, 1992
PROPOSED RULES
Coomment Procedures: Comments may be pre-sented
in writing any time before or at the public
hearing or orally at the hearing. Time limits for
oral remarks may be imposed by the Commission
Chairman. Any person may request copies of
these rules by calling or writing to Donna Creech,
Division of Social Services, 325 M. Salisbury St.,
Raleigh, NC 27611, (919) 733-3055.
CHAPTER 42 - IND[VIDLAL AND FAMILY
SUPPORT
SUBCHAPTER 42C - LICENSING OF FAMILY
CARE HOMES
SECTION .2300 - SERVICES
.2303 FOOD SERVICE
(a) Preparation and Serving of Food:
(1) Sufficient staff, space, and equipment must
be provided for safe, sanitary food prepa-ration
and service, including individual
assistance to residents as needed;
(2) The kitchen, dining, and food storage areas
must be clean, orderly, and protected from
possible contamination;
(3) All meat processing must occur at a North
Carolina Department of Agriculture ap-proved
processing plant;
(4) Table service, which means the place
where the resident is served food, must
include an appropriate place setting.
Typically, the place setting is to include a
minimum of a knife, fork, teaspoon, glass,
napkin and a plate;
(5) Hot food shall be served hot and cold food
served cold and in a consistency to meet
individual needs. If residents require as-sistance
in eating, food shall be main-tained
at serving temperature until
assistance is provided.
(b) Storage of Food:
(1) Ail food being stored, prepared, and served
must be protected from contamination;
(2) Any home carming of fruits or vegetables
must be processed using the pressure
method; and
(3) At least one week's supply of food must
be in the home.
(c) Menu Plaiming:
(1) Menus must be planned in accordance
with the requirements cited in Paragraph
(d) of this Rule regarding daily service.
Menus must be in writing with serving
quantities specified. The menus are to be
prepared at least one week in advance;
(2) Menus must be dated and posted in the
kitchen for the guidance of the food ser-vice
staff;
(3) Any substitutions made in the menu must
be of equal nutritional value and must be
recorded before being served to indicate
the foods actually served to residents;
(4) Meals shall be planned taking into account
the food preferences and customs of the
residents. Meat substitutes must be pro-vided
to residents who choose to be
vegetarians or who by reUgious or cultural
preferences do not eat meat. However,
an administrator may not impose
vegetarian practices, or other rehgious or
cultural food practices on a resident;
(5) A copy of the NCDA Diet Manual must
be in the home for use in its food service.
Where there is a cluster of homes, one diet
manual may be shared by the homes;
(6) Menus as served and invoices or other
appropriate receipts of purchases must be
kept on file by the month for a year and
are subject to periodic review by the
monitoring and licensing agencies.
(d) Daily Service:
(1) Each resident is to be served a minimum
of three nutritionally adequate, palatable
meals a day at regular hours with at least
10 hours between the breakfast and the
evening meal. Variations from the re-quired
three meals, menus and specified
time intervals to meet individualized needs
of residents in an HIV designated facility
shall be plarmed or reviewed by a physi-cian
and registered dietitian and docu-mented;
(2) Suitable foods or liquids (e.g., fruit, milk,
juices) must be offered between meals and
shown on the menu as a snack;
(3) Daily menus must include the following:
(A) Homogenized or low fat milk or
buttermilk. One cup (8 ounces) must be
offered to each resident at least twice a
day. Because milk is an important source
of calcium and vitamin D, the resident
must be encouraged to consume two cups
( 16 ounces) of miUc daily as a beverage or
as part of a meal (e.g., with dry cereal).
Reconstituted dry milk or diluted evapo-rated
milk may be used only in cooking
and not for drinking purposes due to the
risk of bacterial contamination during
mi.xing and the lower nutritional value of
the product if too much water is used;
(B) Fruit. Two one-half cup ser\'ings (8
ounces). A one-half cup (4 ounces) of
citrus fruit or juice, and a one-half cup (4
7:3 NORTH CAROLINA REGISTER May I, 1992 184
PROPOSED RULES
ounces) of another variety of fresh, dried,
or canned fruit must be ser\'ed. Citrus
fruits include oranges and grapefruits.
One orange or one-half grapefruit is con-sidered
a serving. One cup of tomato
juice or tomatoes may be used instead of
citrus. Single strength carmed or frozen
fruit juices which are vitamin C fortified
may be substituted for a citrus fruit or
juice if it is noted on the label that there
is 100 percent of the recommended dietary
allowance of vitamin C in each six ounces
of juice;
(C) Vegetables. Two one-half cup servings
(8 ounces). One of these must be a dark
green leafy or deep yeUow vegetable every
other day or three times a week;
(Dj Eggs. At least three times a week un-less
limited by physician's orders:
(E) Fats. Include butter, oil, or margarine.
Restrict the use of seasoning with meat
fats when there are older residents since
older people fmd these difficult to digest;
(F) Protein. At least two ounces of cooked
meat must be served at both the noon and
evening meal except a meat substitute
equal to two ounces of cooked meat may
be ser\'ed three times a week but not more
than once a day. E.xamples of adequate
meat substitutes are two eggs, two ounces
of pure cheese, and one cup of dry beans
or peas;
Note: Bacon is considered a fat instead
of a meat.
(G) Cereals and Breads. At least four
servings, whole grain or enriched (such as
oatmeal, enriched rice, com meal, en-riched
prepared cereals or bread). Exam-ples
of one serving of bread are one slice,
one biscuit, one roU, and one square of
com bread. One serv^ing of cereal equals
one-half cup cooked or three-fourths cup
dry cereal. Cereal for the evening meal is
not, by itself, acceptable due to the lack
of variety and lack of needed nutrients;
and
(H) Water and Other Beverages. Water
must be offered at each meal in addition
to other beverages. Six to eight cups of
liquids are needed daily to keep the body
functioning properly;
(4) Sandwiches shall not be served alone for
any meal: and
(5) Generally the energy intake for persons
aged 51-75 should be 2400 calories for
males and 1800 calories for females ac-cordmg
to the 1980 recommended dietary
allowances of the National Research
Council, National Academy of Sciences,
(e) Modified Diets:
(1) .'Ml modified diet orders must be in writing
from the resident's physician. Modified
diet orders must be calorie or gram spe-cific
unless standing orders, which include
the definition of any modified diets, have
been obtained from the physician and are
on file in the home.
(2) Menus for these modified diets must be
planned or reviewed and signed (including
registration number) by a registered
dietitian;
(3) The administrator is responsible for
maintainmg an accurate and current list-ing
of residents for whom modified diets
have been prescribed and the modified
diet ordered, for use by food service per-sonnel;
(4) The administrator shall ask a physician or
registered dietitian for answers to
questions about the diets of residents; and
(5) The administrator is resp>onsible for as-sisting
residents who need modified diets
in understanding and accepting these di-ets.
Statutory Authority G.S. I3ID-2; I43B-I53.
.2304 .ACTIVITIES PROGRAM
(a) Each home must develop a program of ac-tivities
designed to promote the residents' active
involvement with each other, their families, and
the community. Ths program is to provide so-cial,
physical, intellectual, and recreational activ-ities
in a plarmed, coordmated, and stmctured
manner, using the Activities Coordinator's
Guide, a copy of which each facility is required
to have. When there is a cluster of homes, one
Activities Coordmator's Guide may be shared by
the homes.
(b) The program must be designed to promote
active involvement by all residents but is not to
require any individual to participate in any ac-tivity
against his will.
(c) Each home must assign a person to be the
activities coordinator, who meets the qualifica-tions
specified in Rule .2006 of this Subchapter.
The activities coordinator is resp>onsible for re-sponding
to the residents' need and desire for
meaningful activities, by:
(I) Reviewing upon admission personal in-formation
about each resident's interests
and capabilities recorded on an individ-ualized
index card or the equivalent. This
card is to be completed from, at least, the
information recorded on the Resident
IS5 7:3 AORTH CAROLINA REGISTER May I, 1992
PROPOSED RULES
Register, Form DSS-1865. It must be
maintained for use by the activities coor-dinator
for developing activities and is to
be updated as needed;
(2) Using the information on the residents'
interests and capabilities to arrange for
and provide plarmed individual and group
activities for the residents. In addition to
individual activities, there must be a min-imum
of 10 hours of plaimed group ac-tivities
per week. Homes designated for
residents with HIV disease are exempt
from the 10-hour requirement as long as
the facihty can demonstrate each resi-dent's
involvement in a structured volun-teer
program that provides the required
range of activities;
(3) Preparing a monthly calendar of planned
group activities which is to be in easily
readable, large print, posted in a promi-nent
location on the first day of each
month, and updated when there are any
changes;
(4) Involving community resources, such as
recreational, volunteer, religious, aging
and developmentally disabled-associated
agencies, to enhance the activities avail-able
to residents. The coordinator may
use the home's aides in carrying out some
activities with residents; and
(5) Evaluating and documenting the overall
effectiveness of the activities program at
least every six months with input from the
residents to determine what have been the
most valued activities and to eUcit sug-gestions
of ways to enhance the program.
(d) A variety of group and individual activities
must be provided. The program is to include,
at least, the following types of activities:
(1) Social and Recreational Activities:
(A) Opportunity must be available for both
individual and group social and recre-ational
activities sufficiently diverse to ac-commodate
the residents' varied interests
and capabilities. These activities empha-size
increasing self-confidence and stimu-lating
interest and friendships;
(B) Individual activity includes one to one
interaction in mutually enjoyable activity,
such as buddy walks, card playing and
horseshoes as well as activity by oneself,
such as bird-watching, nature walks, and
card playing;
(C) Each resident must have the opportu-nity
to participate in at least one planned
group social or recreational activity
weekly. A group activity is one which
involves a number of residents in physical
and mental interaction. Each resident
shall be encouraged to participate in an
activity which best matches his physical,
mental and emotional capability. Such
activities may include group singing,
dancing, bingo, and exercise classes;
(D) Each resident must have the opportu-nity
to participate in at least one outing
every other month. A resident interested
in involving himself in the community
more frequently shall be encouraged and
helped to do so. The coordinator is to
contact volunteers and residents' families
to assist in the effort to get residents in-volved
in activities outside the home;
(E) If a resident cannot participate actively
in community events, arrangements shall
be made so that the more active residents
can still participate in such outings. If
there is a question about a resident's abil-ity
to participate in an activity, the resi-dent's
physician must be consulted to
obtain a statement regarding the resident's
capabilities; and
(F) The activities plaimed and offered must
take into account possible cultural differ-ences
of the residents;
(2) Diversional and InteUectual Activities:
(A) Opportunity for both individual and
group diversional and intellectual activities
sufficiently diverse to accommodate the
residents' varied interests and capabilities
must be available. There must be ade-quate
supplies and supervision provided
to enable each resident to participate;
(B) Individual activities emphasize individ-ual
accomplishments, creative expression,
increased knowledge and the learning of
new skills. Such activities may include
sewing, crafts, painting, reading, creative
writing, and wood carving;
(C) Each resident must have the opportu-nity
to participate in at least one planned
group activity weekly that emphasizes
group accomplishment, creative ex-pression,
increased knowledge, and the
learning of new skills. Such activities may
include discussion groups, drama, resident
council meetings, book reviews, music
appreciation, review of current events, and
spelling bees; and
(D) The activities planned and offered must
take into account possible cultural differ-ences
of the residents.
(3) Work-Type and Volunteer Service Activ-ities:
Each resident must have the opportunity
to participate in meaningful work-type
7:3 NORTH CAROLINA REGISTER May I, 1992 186
PROPOSED RULES
and volunteer service activities in the
home or Ln the community, but partic-ipation
must be on an entirely voluntary'
basis. Under no circumstances shall this
activity be forced upon a resident. Resi-dents
shall not be assigned these tasks in
place of staff. Examples of work-type and
volunteer services activities range from
bedmaking, personal ironing, and assisting
another resident, to more structured ac-tivities
such as general ironing, making or
repairing toys for children, telephone re-assurance,
and gardening.
Statutory Authority G.S. I3ID-2: I43B-I53.
SECTION .3600 - .ADM1MSTR.\TIVE PENALTY
DETERMINATION PROCESS
.3601 ADMINISTR.\TIVE PENALTY
DETERMIN.^TION PROCESS
(a) The county department of social services
shall identify areas of non-compliance resulting
from an m\e5tigation or monitoring visit which
may be \iolations of residents nghts contained
in G.S
relating to the proposed administrative penalty.
Such information shall be made available to the
department of social services in the county where
the facility is located. The administrator shall
have five working days from receipt of the no-tification
to advise the Division as to whether the
administrator, and authorized representative or
both plan to meet with the Internal Review
Committee.
(e) If the administrator chooses to attend the
meeting as provided in Paragraph (d) of this
Rule, the Division shall notify representatives of
the count\ department of social services and the
Division of .Aang of the admmistrator's plans to
meet with the Committee or anv change in the
date or time of the meeting. Ihe agency that
conducted the investigation shall be responsible
for noti.f\int; the complainant, if any.
(f) the Internal Review Committee shall re-
\iew all Negative Action Proposals, any sup-porting
evidence, and any additional information
proNJded by the administrator that may have a
beanng on the proposal such as documentation
not a\ailable dunng the mvestigation or moni-tonng
\isit, action taken to correct the violation
1-^,1 D--1 21 mles contained in this Sub^ and plans to prevent t_he violation from recumng.
chapter. Ihe areas of non-compliance shall be
documented by the adult homes speaaList and
the Netiative Action Proposal submitted to the
Group Care Facilities Branch. The branch shall
re\iew the proposal and forward it to the Internal
RcMcw Committee. Pnor to recommending a
penalty, the county department of soaal services
shall pro\ide the administrator written notice of
the recommendation. Ihe notice shall include
copies of all documentation to be submitted to
the Duision of Facility Services and extend to
the administrator an opportunity to request a
local conference with the county department, al-lowing
the administrator 10 days to respond.
The conference, if requested, shall mclude county
department management staff.
(b) 1 he Internal Re\iew Committee shall be
comprised of three members:
( 1 ) The assistant chief of the licensure Sec-tion,
who shall scn.e as chairman;
(g) Ihere shall be no taking of sworn testimony
nor cross-examination of anyone dunng the
course of Internal Resiew Committee meetings.
(h) T ime shall be allowed during the Internal
Review Committee meetings for mdi\idual pres-entations,
the total for which shall normally be
one hour for each facility where the violations
took place, but shall not exceed two hours. The
amount of time allowed, up to two hours, shall
be at the discretion of the Internal Re\iew
Committee chair. The order m which presenters
shall speak and length of presentations shall be
at the discretion of the chair.
(jl If it is determined that the administrator has
violated applicable rules or statutes, the Internal
Re\iew Committee shall recommend an admin-istrative
penalty t\pe and amount for each vio-lation
pursuant to G.S. 1.31D-.M. I he Di\ision
shall notify the administrator by certified mail of
the Committee's decision withm five working
(2) The head of the Group Care Facilities days following the Internal Re\iew Committee
Branch: and
(3) A third partv selected bv the chief of the
Licensure Section.
(c) The Di\ision of Facility Services shall no-tify
the administrator by certified mail within 10
working davs from the time the proposal is re-ceived
by the Internal Re\iew Committee that
an administrative penalty is being considered.
(d) The administrator shall have 10 working
days from receipt of the notil'ication to provide
the Division an\ additional wnttcn information
meeting. Copies of the letter to the administrator
shaU be forwarded bv the Division to all parties
involved with the penalty recommendation. The
agency that conducted the in\estigation shall be
responsible lor notifying the complainant, if any,
(i
)
If the recommended penalty is classified as
r\pe 13 but is not a repeat violation (as defined
by C j . S . l.MD-34). the administrator may accept
the recommendation and notif\ the Division by
certitied mail withm fi\'e working days following
receipt of the recommendation. If the penalty is
187 7:i NORTH CAROLINA REGISTER May 1, 1992
PROPOSED RULES
accepted, the administrator has 60 days from re-ceipt
of the recommendation to pay the penalty.
(k) If the recommended penalty is a Type A
violation; is a Type B violation for which a
monetary or non-monetarv penalty was assessed
during the previous 12 months or within the time
period of the previous licensure inspection, which
ever time period is longer; or is a 1 ype ^ vio-lation
as provided in Paragraph (i| of this Rule
but is not accepted by the administrator, the
Internal Review Committee shaU forward to the
Penalty Review Committee the penalty recom-mendation,
the rationale for the recommendation
and all information reviewed by the Internal Re-view
Committee.
(1) The Penalty Review Conmiittee meets
monthly, if there are administrative penalty rec-ommendations
from the Internal Review Com-mittee.
The Penalty Review Committee may
agree with or recommend changes to the Internal
Review Committee's recommendations. If the
Information, 407 North Blount Street, Raleigh,
North Carolina 27601.
Internal Review Committee, the Division shall
notify the administrator the day of the Penalty
Review Committee meeting.
(m) Recommendations by the Penaltv Review
Committee shall be forwarded to the Chief of
Licensure who shall ha\e live working days from
the date of the Penalty Review Committee
meeting to determine and impose administrative
penalties for each violation as provided by G.S.
13 ID- 34 and notify the administrator by certified
mail.
(n) The administrator shall have 60 days from
receipt of the notification to pay the assessment
as provided by G.S. 13 ID- 34 or 30 days to ap-peal
the decision as provided by G.S. 150B-22.
The Division shall notify the Attorney General's
Office of any outstanding assessments.
Statutory Authority
I43B-I53.
G.S. I3ID- I3ID-34:
TITLE 12 - DEPARTMENT OF JUSTICE
I\ otice is hereby given in accordance with G.S.
1 508-21. 2 that the N.C. Department of Justice,
State Bureau of Investigation, Division of Crimi-nal
Information intends to amend nde(s) cited as
12 NCAC 4F .0601: and adopt rule(s) cited as
12 NCAC4F .0602 - .0604.
1 he proposed effective date of this action is Au-gust
3. 1992.
1 he public hearing will be conducted at 9:00
a.m. on .May 19, 1992 at the Di\ision of Criminal
Reasons for Proposed .4 ctions:
12 NCAC 4F .0601 - To add the acronym of
"AFIS" for the Automated Fingerprint Identifi-cation
System.
12 NCAC 4F .0602 - To state the procedural steps
necessary for an agency to obtain an AFIS termi-nal.
12 NCAC 4F .0603 - To state the necessity of each
eligible agency signing an AFIS User Agreement,
and abiding by the terms thereof.
12 NCAC 4F .0604 - To state the data that is
available from the AFIS System.
recommendations are different from those of the (^,omment Procedures: Comments may be sub-mitted
in writing, or may be presented orally at
the public hearing. Written comments should be
submitted to E. K. Best, Division of Criminal In-formation,
407 N. Blount Street, Raleigh, North
Carolina 27601. The comment period is open
until May 31, 1992.
CHAPTER 4 - DIVISION OF CRIMINAL
INFORMATION
SUBCHAPTER 4F - SECURITY AND PRIVACY
SECTION .0600 - AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM
.0601 AUTOMATED FINGERPRINT
IDENTIFICAI ION SYSTEM
(a) Agencies which meet the requirements of
Subchapter 4E Rule .0201(a) of this Chapter
have the capabihty to access the SBI's Auto-mated
Fingerprint Identification System for
criminal justice purposes.
(b) Direct access may be obtained by submit-ting
a letter of request to the SBI Assistant Di-rector
for DCI.
(c) The following data is available and may be
used to make comparisons and/or obtain CCH
data:
(1) fmgerprint classification;
(2) fingerprint minutiae;
(3) fmgerprint images; and
(4) state identification number.
(d) WTien the state identification number is
used to obtain CCH data, dissemination require-ments
outlined in Rule .0401 Paragraphs (c) and
(d) of this Subchapter must be followed.
7:3 NORTH CAROLINA REGISTER May I, 1992 188
PROPOSED RULES
(e) The acronym used for the SBI's Automated
Fingerprint Identification System shall be the
Alls.
******************
Statutory Authority
1 14-10. 1; 114-16.
G.S. I5A-502: 114-10:
.0602 ELIGIBILITY FOR FULL OR LIMITED
ACCESS TO THE AFIS NETWORK
fa) Agencies which meet the requirements of
Subchapter 4E Rule .(J2Ul(a) of thus Chapter
shall be eligible to access the AMS for criminal
justice purposes.
(b) A request for direct access shall be submit-ted
in writing to the SBl Assistant Director for
PCI.
(c) Any request for an .\FIS terminal and ac-cess
must be approyed by the SBl DCl Adyisor\'
Polic\- Board.
Statutory Authority G.S. 1/4-/0; //4-10.I.
.0603 LSER AGREEMENT
(a) Each eligible agency under Rule .0201 of
this Subchapter requestmg an .AFIS terminal
shall sign an AFIS User Agreement certifym.g
that the agency head has read, and understands
the requirements for secunty within DCI, and
that the agenc>' head will uphold the agreement,
and abide b> the standards and guidelines out-hned
in the L ser .Agreement.
(b) A current copy of the L'ser Agreement may
be reyievsed at 407 North Blount Street. Raleigh,
North Carolina.
(c) L pen determination that a \iolation of the
User .Agreement has occurred, requirements out-hned
in Rule .0201 Paragraphs (a) and (b) of this
Subchapter must be followed.
Statutory Authority G.S. /5A-502; //4-/0:
/ 14-/0./: //4-/6.
.0604 A\ AILABLE DATA
(a) The following data is ayailable and may be
used to make compansons and or obtain CCH
data:
ill
Ql
ill
Lii
(b) When the state identification number is
used to obtam CCH data, dissemination require-ments
outUned m Rule .0401 Paragraphs (c) and
(d) of this Subchapter must he followed.
fingerprint classification;
fmgerprmt mmutiae;
tingerprint miages: and
state identification number.
Statutory .-iuthority
/I4-/0.'/: //4-/6.
G.S. /5A-502; /14-/0:
Nootice is hereby given in accordance with G.S.
1SOB- 21 .2 that the North Carolina Alarm Systems
Licensing Board intends to amend rule(s) cited
as /2 XCAC J/ .020/.
1 he proposed effective date of this action is Au-gust
3, 1992.
1 he public hearing will be conducted at 11:00
a.m. on June 5. 1992 at the State Bureau of In-vestigation,
Conference Room, 3320 Old Garner
Road, Raleigh, \C 27626-0500.
l\eason for Proposed Action: To extend length
of criminal record search from 24 months to 48
months.
Coomment Procedures: Interested persons may
present their views either orally or in writing at the
hearing. In addition, the record of hearing will
be open for receipt of written comments until the
hearing. Written comments must be delivered to
or mailed to: Mr. James F. Kirk, .\'C Alarm
Systems Licensing Board, 3320 Old Garner Rd.,
P.O. Box 29500. Raleigh. XC 27626-0500.
CHAPTER 11 - N.C. ALARM SYSTEMS
LICENSING BOARD
SECTION .0200 - PROYISIONS FOR
LICENSEES
.0201 APPLIC.\TION FOR LICENSE
(a) Each applicant for a license shall complete
an application form proyided by the Board. This
form and one additional copy shall be submitted
to the administrator and shall be accompanied
by:
( 1
)
one set of classifiable fingerprints on an
appUcant card proyided by the Board;
(2) two recent head and shoulders color pho-tographs
of the applicant of acceptable
quality for identification one inch by one
inch in size:
(3) statements of the results of a local criminal
history records search by the city-county
identification bureau or clerk of superior
court in each county where the applicant
has resided within the immediate preced-ing
34 4S months; and
(4) the applicant's application fee.
(bi Each apphcant must proyide eyidence of
high school graduation either by diploma,
G.E.D. certificate, or other acceptable proof.
1S9 7:3 SORTH CAROLINA REGISTER May I, 1992
PROPOSED RULES
(c) Each applicant for a branch office license
shall complete an application form provided by
the Board. This form and one additional copy
shall be submitted to the administrator and shall
be accompanied by the branch office apphcation
fee.
Statutory Authority G.S. 74D-2; 74D-3; 74D-5;
74D-7.
TITLE 15A DEPARTMENT OF
EW IROWIENT, HEALTH, AND
NATURAL RESOURCES
1\ otice is hereby given in accordance with G.S.
150B-2I.2 that the EHNR - Division of Emiron-mental
Management intends to amend rules cited
as ISA NCAC 2C .0101 - .0103, .0105, .0/07 -
.0114. .0116, .0118 - .0119; 2L .0107.
1 he proposed effective date of this action is
September 1, 1992.
1 he public hearings will be conducted at the fol-lowing
locations, dates and times:
NEW BERN
May 18, 1992
7:00 p.m.
Superior Court, 2nd Floor
Craven County Courthouse
RALEIGH
May 26. 1992
7:00 p.m.
Ground Floor Hearing Room
Archdale Building
512 N. Salisbury Street
HICKORY
May 28, 1992
7:00 p.m.
A uditorium
Catawba Valley Community College
I\eason for Proposed Action: ISA NCAC 2C
.0101 - .0103, .0105, .0107 - .0114, .0116, .0118 -
.0119. Fhe proposed amendments to ISA NCAC
2C will amend the Well Construction Rules re-garding
permit requirements, variances, casing in-stallation
and grouting, and reporting: and will
establish fees for well driller registration.
ISA NCAC 2L .0107. Modify compliance bound-ary
requirements so that permittees can maintain
fixed boundary after subdivision; com-eyance of
property.
Cocomment Procedures: All persons interested in
these matters are invited to attend the public
hearing. Written comments may be presented at
the public hearing or submitted through May 31,
1992. Please submit comments to Mr. David
Hance, Division of Environmental Management,
Groundwater Section, P.O. Box 29535, Raleigh,
NC 27626-0535, (919) 733-3221. Please notify
Mr. Hance prior to the public hearing ifyou desire
to speak. Oral presentation lengths may be lim-ited
depending on the number of people that wish
to speak at the public hearing.
IT IS VERY IMPORTANT THAT ALL INTER-ESTED
AND POTENTIALLY AFFECTED PER-SONS,
GROUPS, BUSINESSES,
ASSOCIATIONS, INSTITUTIONS OR AGEN-CIES
MAKE THEIR VIEWS AND OPINIONS
KNOWN TO THE DEPARTMENT THROUGH
THE PUBLIC HEARING AND COMMENT
PROCESS, WHETHER THEY SUPPORT OR OP-POSE
ANY OR AUL PROVISIONS OF THE
PROPOSED RULES.
CHAPTER 2 - ENVIRONMENTAL
MANAGEMENT
SUBCHAPTER 2C - WELL CONSTRUCTION
STANDARDS
SECTION .0100 - CRITERIA AND STANDARDS
APPLICABLE TO WATER SUPPLY AND
CERTAIN OTHER TYPE WELLS
.0101 GENERAL PROVISIONS
(a) Authorization. The North Carolina Envi-ronmental
Management Commission is required,
under the provisions of Chapter 87, Article 7,
Section 87, General Statutes of North Carolina
(short title; North CaroUna Well Construction
Act) to adopt appropriate rules aftd rogulationg
governing the location, construction, repair, and
abandonment of wells, and the installation and
repair of pumps and pumping equipment.
(b) Purpose. Consistent with the duty to safe-guard
the public welfare, safety, health, and to
protect and beneficially develop the ground water
resources of the state, it is declared to be the
policy of this state to require that the location,
construction, repair and abandonment of wells,
and the installation of pumps and pumping
equipment conform to such reasonable standards
and requirements as may be necessary to protect
the public welfare, safety, health, and ground
water resources.
Statutory Authority G.S. 87-87.
.0102 DEFINITIONS
7:3 NORTH CAROLINA REGISTER May I, 1992 190
PROPOSED RULES
As used herein, unless the context otherwise re-quires:
(1) "Abandon" means to discontinue the use
of and to seal the well according to the re-quirements
of Rule .01 13 of this Section.
(2) "Access port" means an opening in the
weU casing or weU head installed for the
primary purpose of determining the position
of the water level in the well.
(3) "Agent" means any person who by mutual
and legal agreement with a well owner has
authority to act in his behalf in executing
apphcations for permits. The agent may be
either general agent or a limited agent au-thorized
to do one particular act.
(4) "ASTM" means the American Society for
TestLnii and .Materials.
(5) (4^ "Casing" means pipe or tubing con-structed
of specified materials and having
specified dimensions and weights, that is in-stalled
in a borehole, during or after com-pletion
of the borehole, to support the side
of the hole and thereby prevent caving, to
allow completion of a well, to prevent for-mation
material from entering the well, to
prevent the loss of drilling fluids into per-meable
formations, and to prevent entry of
undesirable water.
(6) fi^ "Commission" means the North
Carolina Environmental Management
Commission or its successor, unless other-wise
indicated.
(7) (4^ "Consolidated rock" means rock that is
firm and coherent, solidified or cemented,
such as granite, gneiss, limestone, slate or
sandstone, that has not been decomposed
by weathering.
(8) (4^ "Contamination" means tfe© ae* ef ift-troducing
iftto water foreign materials of
such nature, quality, and quantity as to
cause degradation of the quality of the water.
(9) "Department" means the Department of
l-n\ironment, Health, and Natural Re-sources.
( 10) {^ "Designed capacity" shall mean that
capacity that is equal to the rate of discharge
or yield that is specified prior to construction
of the well.
(11) f3-)-f "Director" means the Director of the
Dnision of Environmental Management.
(12) (-^ "Division" means the Division of En-vironmental
Management.
(13) (% "Domestic use" means water used for
drinking, bathing, household purposes, hve-stock
or gardens.
( 14) "GPM" and "GPD ' mean gallons per
minute and gallons per dav. respectivelv.
(15) fW^ "Grout" shall mean and include the
following:
(a) "Neat cement grout" means a mixture of
not more than six gallons of clear, non-polluted
water to one 94 pound bag of
Portland cement, -t^ te five percent, hf
we ight, ef bentonite efey fft#r ^ \imd ie-improve
flow aft4 reduce shrinlvage .
"Sand cement grout" means a mixture of
not more than two parts sand and one
part cement and not more than six gallons
of clear, non-polluted water per 94 pound
bag of Portland cement.
"Concrete grout" means a mixture of not
more than two parts gravel to one part
cement and not more than six gallons of
clear, non-polluted water per 94 pound
bag of Portland cement. One hundred
percent of the gravel must pass through a
one-half inch mesh screen.
"Gravel cement grout, sand cement grout
or rock cuttmg cement grout" means a
mixture of not more than two parts gravel
and sand or rock cuttings to one part ce-ment
and not more than six gallons of
clear, non-polluted water per 94 pound
bag of Portland cement.
"Bentonite grout" means the mixture of
(b)
(c)
(d)
(el
no less than one and one-half pounds of
commercial granulated bentonite with
sutficient clear, non-polluted water to
m
produce a grout weighing no less than
eleven (11) pounds per gallon of mixture.
Non-organic, non-toxic substances may
be added to improve particle distnbution
and pumpability. Bentonite grout may
only be used in those instances where
specifically approved in this Section.
"Specialty grout" means a mixture
non-orgaruc,
characteristics
of
non-toxic materials with
ot expansion, chemical-resistance,
rate or heat of hydration,
viscosity, density or temperature-sensitivity
applicable to specific grouting
requirements. Speciality grouts may not
be used without prior approval by the
Director.
(16) f44^ "Liner pipe" means pipe that is in-stalled
inside a completed and cased well for
the purpose of sealing off undesirable water
or for repairing ruptured or punctured casing
or screens.
( 17) f4^ "Monitoring well" means any well
constructed for the primary e* incidental
purpose of obtaining i
.'
.ubii urt'ac(3 samples of
groundwater wator or other liquids for ex-amination
or testing, or for the obscr\-ation
or measurement of groundwater levels. This
191 7:3 NORTH CAROLINA REGISTER May 1, 1992
PROPOSED RULES
definition excludes lysimeters, tensiometers,
and other devices used to investigate the
characteristics of the unsaturated zone.
(44) "Oboonation woU" means aHy well con
otruct ed fof tfe» purpooo ef obtairung
groundwater levdt informatiea only.
(18) (44) "Owner" means any person who holds
the fee or other property rights in the well
being constructed. A well is real property
and its construction on land rests ownership
in the land owner in the absence of contrary
agreement in writing.
(19) (3^ "Pitless adapter ««it i* a do^ico adapt-ers"
or "pitless units" are devices specifically
manufactured to the standards sp>ecified un-der
Rule .0107(1) (4) (5) of this Section for
the purpose of allowing a subsurface lateral
connection between a well and plumbing
appurtenances.
(20) (44) "Public water system"
(a) "Public water oyotem" means a water sys-tem
as defmed in ^SA NCAC 18C .0702
(Rules Governing Pubhc Water SuppUes).
fof the provision, to tfee public, ef piped
>i
i'ater fof human coDGumption if such
syst em has at- least 4-5 sePi'ioo connootions
ef regularly sepi
^e s aft as'erage ef at- least
34 individuals daily at- least 6ft days e«t
ef the year. Such term includes:
(4) afty ooUootion, treatment, storage, aed
distribution facihty under control ef t4w
operator ef such system aftd used prima
(ii) afty coll ection ef pro treatment storage
facility Hot- under such control ' shich is
used primarily i» connection witfe such
system.
(fe) A public water system is either a "com
munity water system" ef a "non
community water system":
(i) "Community '
I'ator system" means a
public water system which ser^'es at- least
residents ef regularly serves at- least 35
year round residents.
(ii) "Non community water system" moans
a public water syst em ' ' hich is aet- a
community water system.
(21) (-i4) "Recovery well" means any well con-structed
for the purpose of removing con-taminated
groundwater or other liquids from
the subsurface.
(22) "Settleable sohds" means the volume of
solid particles in a well-mixed one liter sam-ple
which will settle out of suspension, in the
bottom of an Imhoff Cone^ after one hour.
physically located, including adjacent or
nearby land used in connection with the fa-cility,
activity or situation.
(24) (4-^ "Speciiic capacity" means the yield of
the well expressed in gallons per minute per
foot of draw-down of the water level
(gpm/ft.-dd).
(25) fW) "Static water level" means the level at
which the water stands in the well when the
well is not being pumped and is expressed
as the distance from a fixed reference point
to the water level in the well.
(26) "Suspended sohds" means the weight of
those sohd particles in a sample which are
retained by a standard glass rmcrofiber lllter,
with pore openings of one and one-half
microns, when dried at a temperature of 103
to 105 degrees Fahrenheit.
(27) "Temporary well" means a monitor weU,
or a weU that is constructed to determine
aquifer characteristics, and which wiU be
properly abandoned or converted to a per-manent
well within five days (120 hours) of
completion of driUing of the borehole.
(28) "Turbidity" means the cloudiness in water,
due to the presence of suspended particles
such as clay and sdt, that may create esthetic
problems or analylical difficulties for con-tamination.
Turbidity measured in
Nephelometric Turbidity Units (NTIJ) is
based on a comparison of the cloudiness in
the water with that in a specially prepared
standard.
(29) "WeU" means any excavation that is
(23) (4^ "Site" means the land or water area
where any facility, activity or situation is
cored, bored, drilled, jetted, dug or otherwise
constructed for the purpose of locating,
testing, developing, draining or recharging
any groundwater reservoirs or aquifer, or
that may control, divert, or otherwise cause
the movement of water from or into any
aquifer. Provided, however, this shall not
include a well constructed by an individual
on land which is owned or leased by him,
appurtenant to a single-family dwellmg, and
intended for domestic use (including house-hold
purposes, farm Livestock or gardens).
(30) (3ft^ "Well capacity" shall mean the maxi-mum
quantity of water that a well wiU yield
continuously.
(31) f34) "Well head" means the upper terminal
of the well including adapters, ports, valves,
seals, and other attachments.
(32) (43) "Well system" means two or more
wells serving the same facihty.
Statutoiy Authority G.S. S7-S5; 87-87;
143-214.2; 143-215.3.
7:3 NORTH CAROLINA REGISTER May I, 1992 192
PROPOSED RULES
.0103 REGISTRATION
(a) Well Driller Registration;
(1) Every person, firm or corporation engaged
in the business of drilling, boring, coring
or constructing wells in any maimer with
the use of power machmery in the state
shall register annually with the depart-ment.
(2) Registration shall be accomplished, during
the period from January 1 to January 31
of each year, by completing and submit-ting
to the department a registration ap-phcation
form provided by the
department for this purpose.
(3) A non-refundable processing fee, in the
form of a check or money order made
payable to N.C. Department of Hnviron-ment,
Health, and Natural Resources,
shall be submitted with each registration
application form. Fees, for the year in
which the registration will be valid, are as
follows:
(A) I-'or renewal of registration by any per-son,
firm or corporation having registered
at any time durmg the fi\'e calendar years
prior to the date of application:
rij fifty dollars (S50.0U) for applications
postmarked prior to F'ebruarv \^ and
(ii) sixty dollars (S60.Q()) for application
postmarked after J:muar\' 31.
(B) 1 or registration bv an\' person, firm or
corporation that did not register at any
time dunng the five calendar years prior
to the date of application:
ri) fifty dollars ($50.(10) for applications
postmarked pnor to February jj^ or
(li) for each succeeding calendar month
after J^muaPt , the fee shall be reduced
by three dollars ($3.00) from that due
in the proceeding month. As examples,
the fee for applications postmarked
February j_ through 29 would be forty-seven
dollars ($47.00). while the fee for
applications postmarked November \_
through 30 would be twenty dollars
($20.00).
(4) An apphcation is incomplete until the re-quired
processing fee has been received.
Incorrect or incomplete applications may
be returned to the apphcant.
(5) fi+ Upon receipt of a properh completed
application form, the applicant will be is-sued
a certificate of registration.
(b) Pump Installer Registration:
( 1 ) All persons, firms, or corporations engaged
in the business of installing or repairing
pumps or other equipment in wells shall
register bi-annually with the department.
(2) Registration shall be accomplished, during
the period from April 1 to April 30 of ev-ery
odd-numbered year, by completing
and submitting to the department a regis-tration
form provided by the department
for this purpose.
(3) Upon receipt of a properly completed ap-plication
form, the applicant will be issued
a certificate of registration.
Statutory Authority G.S. 87-87; 143-2 1.3 (a)
(la): 143-355 (e).
.0105 PERMITS
(a) It is the fmding of the Commission that the
entire geographical area of the state is vulnerable
to groundwater poUution from improperly lo-cated,
constructed, operated, altered, or aban-doned
non-water supply wells and water supply
wells not constructed in accordance with the
standards set forth in Rule .0107 of this Section.
Therefore, in order to insure reasonable pro-tection
of the groundwater resources, prior per-mission
from the Division must be obtained for
the construction of the types of wells enumerated
in Paragraph (b) of this Rule.
(b) No person shall locate or construct any of
the followmg wells until a permit has been issued
by the Director:
(1) any water-well or well system with a de-sign
capacity of 100,000 gallons per day
(gpd) or greater;
(2) any well added to an existing system where
the total design capacity of such existing
well system and added well will equal or
exceed 100,000 gpd;
f^ afty iest- v¥ell if tbe dcoign capacity &f the
production well »f w^U system VriH h%
100,000 gp4 Bf great er;
(3) (4) any monitoring weU, constructed to as-sess
the impact of an activity not permit-ted
by the state, when installed on
property other than that on which the
unpermitted activity took place;
(4) (-^ any recovery well;
(5) f^ any well intended for the recovery of
minerals or ores;
(^ afty goo physical exploration well;
(6) f*} any oil or gas exploration or recovery
weU;
'
(7) {^ any well for recharge or injection pur-poses;
f+O^ aw cathodio protootion well;
(8) f4-l-) any well with a design deviation from
the standards specified under the rules of
this Subchapter.
(«) Monitoring wells associated witfe a
wastewater treatment aft4 disposal facility fof
193 7:3 NORTH CAROLINA REGISTER May I, 1992
PROPOSED RULES
i
.vhich a pormit must be obtained from the io-partmont
may be permittod as part »f tbat facil
rtyt pro'i idod, hovi ovor, tbat the permit applicant
comply with all- provisions ef tbi« Subchapter
including construction otandardo e>ftA report Lng
roquiroments.
(c) (4^ The CommiDsion Director may delegate,
through a Memorandum of Agreement, to an-other
stat e governmental agency, the authority to
permit wells that are an integral part of a facility
requiring a permit from the agency. Provided,
however, that the permittee comply with all pro-visions
of this Subchapter, including construction
standards and the reporting requirements as
specified in Rule .01 14. In the absence of such
agreement, all wells specified in Paragraph (b) of
this Rule require a well construction f)ermit in
addition to any other permits.
(d) (e) An appUcation for a permit shall be
submitted by the owner or his agent. i» duph
^^^^y f f-\ ti^A -^ '^*~^'"' *^ r-r^ jayit ^^^ T j-i r-f>^ c- Til r-w-\ t i.- 1-na.i-J V-»t > tl^^
dopartment. aft4 shall include the following: In
the event that the permit applicant is not the
owner of the property on which the well or well
system is to be constructed, the permit applica-tion
must contain written approval from the
property owner and a statement that the apph-cant
assumes total responsibiUty for ensuring that
the well(s) will be located, constructed, main-tained
and abandoned in accordance with the re-quirements
of this Subchapter.
(e) The apphcation shall be submitted in du-plicate
to the Division, on forms furnished by the
Division, and shaU include the following:
(1) For all weUs:
(A) the owner's name (facihty name);
(B) the owner's mailing address (facility
address);
(C) description of the well type and activity
requiring a permit;
(D) facility location (map);
(E) site f4a» showing location ©f aJi sources
©f potential sources e( groundwater con
tomination aft4 locations e( proposed
woUs; a map of the facility and general site
area, to scale, showing the locations of:
(i) all property boundanes, at least one
of which is referenced to a minimum
of two landmarks such as identified
roads, intersections, streams or lakes;
(ii) all existing wells, identified by type
of use, within the property boundaries;
(iii) the proposed well or well system;
(iv) any test bonngs; and
(\) all sources of known or potential
groundwater contamination (such as
septic tank systems; pesticide, chemical
or fuel storage areas; animal feedlots;
landfills or other waste disposal areas)
within 500 feet of the proposed well
site;
(F) location aft4 description ei e xisting wells
system; the well drilling contractor's
name, if known;
fG^ location ef am- test- borings;
(G) (44) construction diagram of the pro-posed
W' L' lls well(s) including specifications
describing all materials to be used, meth-ods
of construction and means for assur-ing
the integrity and quality of the finished
well(s).
(2) For water supply wells or well systems
with a designed capacity of 100,000 gpd
or greater the apphcation shall include, in
addition to the information required in
Subparagraph (e)(1) of this Rule: tbe
apphcation shall include:
(A) the number, yield and location of ex-isting
weUs in the system;
(B) the design capacity of the proposed
well(s);
(C) any other information that the depart
ment Division may reasonably deem nec-essary.
(3) For those monitoring weUs aft4 reoovop/
woUs with a design deviation from the
specifications of Rule .0108 of this Sec-tion,
in addition to the information re-quired
in Subparagraph (e)(1) of this
Rule:
(A) a description of the subsurface condi-tions
sufficient to evaluate the site. Data
from test borings, wells pumping tests,
etc., may be required as necessary;
(B) a description of the quantity, character
and origin of the contamination;
(C) a justification for the necessity of the
design deviation; and
(D) fG) any other information that the 4e-partment
Division may reasonably deem
necessary.
(4) For those recovery wells with a design
deviation from the specifications in Rule
.0108 of this Section, in addition to the
information required in Subparagraph
(e)(1) and Parts (e)(3)(A). (B) and (C) of
this Rule, the apphcation shah describe
the disposition of any fluids reco\'ered if
the disposal of those fluids will have an
impact on any existing wells other than
those installed for the express purpose of
measuring the cffecti\cncss of the recovery'
weU(s).
(f) In the event of an emergency, monitoring
wells and or recover)' wells ma)' be constructed
7:3 NORTH CAROLINA REGISTER May 1, 1992 194
PROPOSED RULES
after verbal approval is provided by the Director (g) It shall be the responsibility of the well
or his delegate. Aftw Ae foe* After-the-fact ap- owner or his agent to see that a permit is secured
plications shall be submitted by the driller or prior to the be.gjnning of construction of any well
owner within ten days alter construction begins.
J^^
^^^^'^^ a permit is required under the rules of
The apphcation shaU include construction details **^Subchapter,
of the monitoring weU(s) and/or recovery weU(s).
statutory Authority G.S. 87-87.
.0107 ST.ANDARDS OF CONSTRLCTION: WATER-SLPPLY WELLS
(a) Location.
( 1) The well shall not be located
(A) in an area »»*• generally subject to flooding. Areas which have a prof)ensity for flooding in-clude
those with concave slope, alluvial or colluvial soils, gullies, depressions, and drainage ways;
(©^ at- a minimum horiiTontal distanco ef §0 feet- from afty- wator tight Gowago aH4 liquid waoto
coUoction facihty (such a* east ifeft pipo) oxcopt m the ease »f ' 'ells intondod fof a oinglo family
dwelling where it is fiet feasible te obtain 50 feet ooporation botwoon a well and a Vi'ator tight
Liquid waste coll ection facility booauoo ©f l»t s«e ef other fixed conditiono, tl*e horizontal sepa
rTTTT^TTT UUIUI ^-T.' U I ITXTI l,^J 1 1 H-' rTWT^U 1 1 TJ III ^^WTTJU^f IVJ 1.1 IJ I \XJ IVTT^ (_' <Jl LI I I l\J lAlLnj IV-T^J IIIUII J ' I^^^^ 1
1 1 l\J ^^\J TT ^'1 IXIIl^ r^ I.^J11JII Ul^'l\.'U Lfl lUUJV 1_^1 \J^^1 L' I L.HJ , UU^' 1 1 Cr^ ^'UU I rTTTTT cTTTT^y T1 1111 ICTt^TC^T UI 1
joints:
afty disposal facility (such a* a septic tafik aft4 drain fields) aft4 aw other oouroo ©f existing »f
potential pollution »f contamination, oxcopt i» ti*e ea^ie »f wells intondod fof a single family
dss^elling where it i* Ret feasible te- obtain -WO feet horizontal separation botwoon a weU aft4 a
source because ef let see ef other fixed conditions, tbe separation distance shall be maximum
feasible distance , b«t i«- »» ease less than ^ feetr
(2) The minimum horizontal separation between a well, intended for a single-family residence or
other non-public water system, and potential sources of groundwater contammation shall be as
follows unless otherwise specified:
(A) Septic tank and drainficld 100 fL
(B) Other subsurface ground absorption waste disposal system 100 ft
(C) Industrial or mumcipal sludge-spreading or wastewater-irrigation sites 100 ft.
(D) Water-tight sewage or liquid-waste collection or transfer facility 50 ft.
(E) Other sewage and Liquid-waste collection or transfer facility 100 ft.
(F) Cesspools and privies 100 fL
(G) /Vnimal leedlots or manure pUes 100 fL
(II) Fertiliy.er, pesticide, herbicide or other chemical storage areas 100 ft.
(1) Non-hazardous waste storage, treatment or disposal lagoons 100 ft.
ijj Sanitary landfills 500 ft.
(K) Other non-hazardous solid waste landfills 100 fL
(I.) Animal bams 100 fL
(\1) Building foundations 50 fL
(N) Surface water bodies 50 fL
(O) (Chemical or petroleum fuel underground storage tanks regulated under 15A NCAC 2N:
(i) with secondar\' containment 50 fL
(ii) without secondary containment 100 fL
(P) All other sources of groundwater contamination 100 fL
(3) For a well serving a sin.glc-familv dwelling where lot size or other fixed conditions preclude the
separation distances specified in Subparagraph (a)(2) of this Rule, the required separation dis-tances
may be reduced to the maximum possible but in no case less than the following:
(A) Septic tank and drainficld 50 ft.
(B) Water-tight sewage or liquid-waste collection or transfer facihty 25 ft.
(C) Building foundations 15 fL
(D) Cesspool or pnvies 50 fL
(4) A well or wcU s\ stem. ser\'ing more than one single-family dwelling but with a designed capacity
of less than 100.000 gpd. must meet the separation requirements specified in Subparagraph (a)
(2) of this Rule;
195 7:3 NORTH CAROLINA REGISTER May I, 1992
PROPOSED RULES
(5) A well or well system with a designed capacity of 100,000 gpd or ^eater must be located a
sufficient distance from known or anticipated sources of groundwater contamination so as to
pre\ent a violation of applicable groundwater quality standards, resulting from the movement
of contaminants, in response to the operation of the well or well system at the proposed rate
and schedule of pumping;
(6) (5) Actual separation distances must conform with the more stringent of applicable federal, state
and local requirements;
(7) f^ Wells drilled for public water supply systems regulated by the Deportmant ef Human Re-sourooG
Division of Environmental Health shall meet the siting and all other requirements of that
dopartmont. Division.
(b) Source of water.
(1) The source of water for any well intended for domestic use shaU not be from a water bearing
zone or aquifer that is known to be contaminated;
(2) In designated areas described in Rule .0117 of this Section, the source shall be greater than 35
feet;
(3) In designated areas described in Rule .0116 of this Section, the source may be less than 20 feet,
but in no case less than 10 feet; and
(4) In all other areas the source shall be at least 20 feet below land surface.
(c) (fe) Drilling Fluids and Additives. Drilling Fluids and Additives shall be matorialo specifiod fop »se
m not contain organic or toxic substances and may be comprised only of:
( 1) the formational material encountered during drilling; or
(2) materials manufactured specifically for the purpose of borehole conditioning or water well
construction. aft4 appro vod hf tbe Divioion.
(d} (©) Casing.
(1) If steel casing is used, then:
(A) The casing shall be new, seamless or electric-resistance welded galvanized or black steel pipe.
Galvanizing shall be done in accordance with requirements of ASTM A- 120.
(B) The casing, threads and couplings shall meet or exceed the specifications of ASTM A- 53,
A-120or A589.
(C) The minimum wall thickness for a given diameter shall equal or exceed that specified in Table
1.
TABLE 1: MINIMUM WALL THICKNESS FOR STEEL CASING:
Nominal Diameter Wall Thickness
(in.) (in.)
For 3-1/2" or smaller pipe. schedule 40 is required
4 0.142
5 0.156
5-1/2 0.164
6 0.185
•8 0.250
10 0.279
12 0.330
14 and larger 0.375
(D) Stainless steel casing, threads, and couplings shall conform in specifications to the general
requirements in ANSI/ ASTM A- 530 and also shall conform to the specific requirements in the
7:3 NORTH CAROLINA REGISTER May I, 1992 196
PROPOSED RULES
ASTM standard that best describes the chemical makeup of the stainless steel casing that is in-tended
for use in the construction of the well;
(E) Stainless steel casing shall have a minimum wall thickness that is equivalent to standard
schedule number lOS;
(F) Steel casing shall be equipped with a drive shoe if the casing is seated in a consoHdated rock
formation and for any other wells if the casing is driven. The drive shoe shall be made of forged,
high carbon, tempered seamless steel and shall have a beveled, hardened cutting edge. A drive
shoe will not be requjed for wells in which the grout surrounds and extends the entire length
of the casing.
2) If Thermoplastic Casing is used, then:
(A) the casing shall be new;
(B) the casing and joints shall meet or exceed all the specifications of ASTM F-480-8 1 , except that
the outside diameters will not be restricted to those listed in F-480;
(C) the maximum depth of installation for a given SDR or Schedule number shall not exceed that
listed in Table 2;
Editor's Note: This Table has been moved from Part (e)(1)(C) in this Rule. The amendments to the
fable are shown below. The table is shown as deleted from Part (e)(1)(C).
TABLE 2: Maximum allowable depths (in feet) of Installation of
Thermoplastic Water Well Casing
Nominal Diameter (in inches) -
Schedule
number- 2 2.5 3 3.5 4 5 6 8 10 12 14 16
Schedule
40- 485 635 415 315 253 180 130 85 65 65 50 50
Schedule
80- 1460 1685 1170 920 755 550 495 340 290 270 265 255
SDR Number All Diameters (in inches)
SDR 41 20
SDR 32.5 50
SDR 27.5 m 100
SDR 26 95
SDR 21 185
SDR 17 355
SDR 13.5 735
(D) The top of the casing shall be terminated by the drilling contractor at least twelve inches
above land surface;
(F) For wells in which the casing will extend into consolidated rock, thermoplastic casing shall
be equipped with a section of steel casmg at least three feet in length, or other de\ice approved
by the Director, sufficient to protect the ph\sical integrity of the thermoplastic casing dunng the
processes of seating and grouting the casing and subsequent dniling operations.
(3) t» ccin '.tnicting asy \\<A\. AH water-bearing zones tb*t- aft^ known fe contain containing polluted,
salme, or other non-potable water, that are encountered or penetrated during dnlLmg, shall be
197 7:3 NORTH CAROLINA REGISTER May 1, 1992
PROPOSED RULES
adequately cased and cemented off so that pollution of the overlying and underlying
groundwater zones will not occur.
(4) Every weD shall be cased witb so that the bottom of the casing e xtending extends to a minimum
depth as follows:
(A) Wells located within the area described in Rule .0117 of this Subchapter Section shall be cased
from land surface to a depth of at least 35 feet;
(B) Wells located within the area described in Rule .01 16 of this Subchaptor Section shall be cased
from land surface to a depth of at least 10 feet;
(C) Wells located in any other area shall be cased from land surface to a depth of at least 20 feet.
(5) The top of the casing shall be terminated by the drilling contractor at least 12 inches above land
surface.
(6) The casing in wells constructed to obtain water from a consolidated rock formation shall be:
(A) adequate to prevent any formational material from entering the well in excess of the levels
specified in Paragraph (i) of this Rule; and
(B) Firmly seated at least one foot into the rock, and
(i) sealed with grout at least one foot into the rock; or
(ii) sealed by some other method, approved by the Director, that wUl provide equal protection
against the entrance of formation material or contaminants one foot below the top of the
consolidated rock.
(7) The casing in wells constructed to obtain water from an unconsolidated rock formation (such
as gravel, sand or shells) shall extend at least one foot into the to£ of the water-bearing forma-tion.
(8) Upon completion of the well, the well casing shall be sufficiently free of obstacles as necessary
to allow for the instaUation and proper operation of -pumps and associated equipment.
(e) (4) Grouting.
(1) Casing shall be grouted to a minimum depth of twenty feet below land surface except that:
(A) In those areas designated by the Director to meet the criteria of Rule .0116 of this Subchaptor
Section, grout shall extend to a depth of two feet above the screen or, for open end wells, to the
bottom of the casing, but in no case less than 10 feet.
(B) In those areas designated in Rule .0117 of this Subchapter, Section, grout shall extend to a
minimum of 35 feet below land surface.
(C) The casing shall be grouted as necessary to seal off all aquifers or zones with water of a poorer
quality than that of the producing zone(s).
TABLE ir Maximum allowablo depths fift feet^ ef Iniitallation ef
Thgrmoplar.tio Water WeU Casing
Nominal Diamotor
Schodulo
numbor 2 2^4 i 2^ A $ 4 « 40 4a 44 44
Schodulo
40- A^ 4^ 4+4 ^44 2» 4*0 4^0 ^ 45 ^ m ^
Sohodulo um +4»^ UV^ i^OO ;i^ 450 4^ 340 im ¥m 34§ 5^
SDR Numbor AH Diamotors
U^Vf m
S&R-^S^ ^
S©R:37^ m
^»R:36 ^
7:5 NORTH CAROLINA REGISTER May 1,1992 198
PROPOSED RULES
S©J4r34- W^
s©«:-t;i i^
S»ft44rii 5^
(2) For large diameter weUs, commonly referred to as "bored" wells, cased with concrete pipe or
ceramic tile, the foUowmg shall apply:
(A) The diameter of the bore hole shall be at least six inches larger than the outside diameter of
the casing;
(B) The annular space around the casing shall be filled with a cement -type grout to a depth of
at least 20 feet, excepting those designated areas specified in Rules .01 16 and .01 17 of this Sec-tion.
The grout shall be placed in accordance with the requirements of this Paragraph.
(3) For any well constructed to obtain water from consolidated rock, the well casing shall be
grouted, using a cement type grout, to a height of five feet above the intersection of the casing
and the consolidated rock.
(4) Bentonite grout may only be used in that portion of the borehole that is below the water table
throughout the year.
(5) f3^ Grout shall be placed around the casing by one of the following methods:
(A) Pressure. ¥be annular space bot'ivoon tbe casing aft4 Ae formation shall fe# a minimum ef
4-r§ inchos. Grout shall be pumped or forced under pressure through the bottom of the casing
until it fills the annular area around the casing and overflows at the surface.
(B) Pumping. The iinnulor space botweon Ae casing aft4 formatio-Rr shall be a minimum ©f 4r4
inchos. Grout shall be pumped into place through a hose or pipe extended to the bottom of the
aimular space which can be raised as the grout is applied. The grout hose or pipe should remain
submerged in grout during the entire application.
space* shall b^ complotoly liUod with grout by aftv method tfeat will insure complutod filling »f
A# space: providi'd tfee annular »ft»» does He* contain water. Jf A*» annular awa contains water
it- shall be dowatorod »f Ae grout shall be placed by either tl*e pumping »f pressures method.
Grout may be emplaced in the annular space, by gra\ity flow through a pipe, to a ma.ximum
depth of 20 feet below land surface.
(6) (4^ If an outer casmg is installed, it shall be grouted by either the pumping or pressure method.
(7) (-4^ All grout mixtures shall be prepared prior to emplacement.
(5) {4^ The well shall be grouted withm five working days after the casing is set.
(9) (4) No additives which wiU accelerate the process of hydration shall be used in grout for
thermoplastic well casing.
(10) Where grouting is required by the provisions of this Section, the grout shall extend outward
from the casmg wall to a minimum thickness equal to either one-third of the diameter of the
outside dimension of the casing or two inches, whichever is greater; excepting. ho\\e\er, that
large diameter bored wells shall meet the requirements of Subparagraph (e)(2) of this Rule.
(f} ^ Well Screens.
(1) The well, if constructed to obtain water from an unconsolidated rock formation, shall be
equipped with a screen that will adequately prevent the entrance of formation material into the
well after the weU has been developed and completed by the weU contractor.
(2) The weU screen be of a design to permit the optimum development of the aquifer with minimum
head loss consistent with the intended use of the well. The openings shall be designed to prevent
clogging and shall be free of rough edges, irregularities or other defects that may accelerate or
contribute to corrosion or clogging.
(3) Multi-screen wells shall not connect aquifers or zones which have differences
(A4 in water quality which would result in contamination of any aquifer or zone.
f^ m water lesels tfert vvould result m depletion »f water from a»¥ aquifer &f zone &f significant
change m head m- afty aquifer e+ i',one .
(g) (f^ Gravel- and Sand- Packed Wells.
(1) In constructmg a gravel- or sand- packed well:
199 7:3 NORTH CAROLINA REGISTER May I, 1992
PROPOSED RULES
(A) The gravel packing material shall be composed of quartz, granite, or similar rock material and
shall be clean, rounded, of uniform size, water-washed and free from clay, silt, or other delete-rious
material.
(B) The si^e of the gra'.-el packing material shall be determined from a grain size analysis of the
formation material and tihould be compatible with tb» grain &«» &f the aquifor. shall be of a size
sufficient to prohibit the entrance of formation material into the well in concentrations above
those permitted by Paragraph (h) of this Rule.
(C) The gra^'el packing material shall be placed in the annular space around the screens and casing
by a fluid circulation method, preferably through a conductor pipe &f to insure accurate place-ment
and avoid bridging.
(D) The gra^'ol packing material shall be adequately disinfected.
(E) For gravel ^or sand- packed wells in which an outer casing, that is grouted its entire length,
does not extend to the top of the producing zone, a neat cement plug of at least 10 feet in vertical
thickness shall be placed in the annular area between the inner casing and formation opposite
the fu"st clay above the top screen. The remaining space shall be fdled with grout or clay except
the upper 20 feet, which shall be filled with grout.
(F) Centering guides must be installed within five feet of the top packing material to ensure even
distribution of the packi.ng material in the borehole.
(2) The grawl puck packing material shall not connect aquifers or zones which have differences
(A^ in water quality that would result in deterioration of the water quaUty in any aquifer or zone.
fS) tft water lovoki that- would result » doplotion ef wator from afty aquifor Bf aono &f cignificant
change m head m any aquifor »f go no.
(g) Largo Diameter WeUs
{Ar^ A large diamet er weli cased with concrete pipe afi4 commonly roforrod te as a "borod" wdBy
fPt&f be conotructod.
(3) tf the casing joints stf% net sealed, the conotruotion shaU be as follows:
(A-^ The bore hele shall have a minimum diamotor ©f si* inches larger than the outside diamotor
»f the casing.
\ i-r I 1 1 IV HI li 1 LIILU L'LHJ.^_TJ LU \J \i I lU 1 1 I\J ^TTT^n^^T ^TTTHT t^J r^^^P^T ^T^T^T n^^tV X^-T I T%~! III! CTCTT^^T Ul^ 1 i ^T^TT" tTT CTTTT^TT^nW
grout te- a depth &f at least 30 feet bolow laftA surface. The grout shall be placed ia aocordanco
with roquiromonto »f Rule .0107 (d)(3) »f this Subchapter.
(G^ The annular spaco around the casing below the grout f.hall be filled with sand Bf gravel.
f©) The gra'i' ol pack material shall be ccnnposod ©f quart?., granite, »f similar rock material aft4
shall be clean, rounded, uniform, water ' sashed aR4 free from clay, stk^ ©f other deleterious
material.
(^ The gras el shall be adequately disinfoctod. ^ tf the casing joints afe coaled, the boro hole shall have a minimum diameter ©f si* inches larger
than the outside diameter »f the casing t©- a dopth ©f at least 30 feet bolo'iS' the land surface.
The annular space around the casing shall be filled with aeat ©* sand cement grout to- a depth
©f at least Hi feet below lafi4 surfaco.
f4^ The weh- head shall be completed m the same manner as required fef other vrator supply wells.
(h) Well Development.
(1) /VU water supply wells shall be properly developed by the well driller;
(2) Development shall include removal of formation materials, mud, drilling fluids and additives A
total suspended solids concentrations ef less than $ milhgrams pep hteF ef formation materials
is considered acceptablo. such that the water contains no more than:
(A) five milligrams per hter ( 19 milUgrams per gallon) of settleable solids; or
(B| ten NTLs of turbidity as suspended solids.
(i) Well Head Completion.
(1) Access Port. Ever>' water supply well and such other wells as may be specified by the Com-mission
shall be equipped with a usable access port or air line. The access port shall be at least
one half inch inside diameter opening so that the position of the water level can be determined
at any time. Such port shall be installed and maintained in such manner as to prevent entrance
of water or foreign material.
(2) Well Contractor Identification Plate.
(A) /Vn identiiication plate, showing the drilling contractor and registration number and the in-formation
specified in Part (i)(2)(F) of this Rule, shall be installed on the well within 34 72 hours
after completion of the drillmg.
7:3 NORTH CAROLINA REGISTER May 1, 1992 200
PROPOSED RULES
(B) The identification plate shall be constructed of a durable weatherproof rustproof metal, or
equivalent material approved by the Director.
(C) The identification plate shall be Gticurely permanently attached to the well casing or enclosure
floor around the casing where it is readily visible.
(D) The identification plate shall not be removed from the well casing or enclosure floor by any
person.
(E) The identification teg plate shall be stamped with a permanent marking within ^ da^ ef
oompk'tion ©f drilling to show the:
(i) total depth of well;
(ii) casing depth (ft.) and inside diameter (in.);
(iii) screened intervals of screened wells;
(iv) gravel packing interval of gravel- or sand- packed wells;
(v) yield, in gallons per minute (gpm), or specific capacity in gallons per minute per foot of
drawdown (gpm;ft.-dd); and
(vi) static water level and date measured;
(vii^ drilling contractor aB4 rogictration number;
(viii) (vii) date well completed.
(3) Pump Installer Identification Plate.
(A) An identification plate, displa\ing the name and registration number of the pump installation
contractor, shaU be permanently attached to either the aboveground portion of the weU casing,
or the enclosure floor if present, within 72 hours after completion of the pump instaflation;
(B) The identification plate shall be constructed of a durable waterproof mstproof metal, or
equi\alent matenal appro\ed by the Director;
(C) The identification plate shall not be remo\ed from the well casing or enclosure floor by any
person; and
(D) fhe identification plate shall be stamped with a permanent marking to show the:
(i) date the pump was installed;
(li) the depth of the pump intake; and
(iii) the horsepower rating of the pump.
(4) f^ \"alved flow. E\ery artesian weU that flows under natural artesian pressure shall be equipped
with a valve so that the flow can be completely stopped. WeU owners shall be responsible for
the operation and maintenance of the valve.
(5) (4^ Pitless adapter adapters or pitless units shall be allowed as a method of well head completion
under the following conditions:
(A) The pitless adaptL«r wh* de\ice be ef ctandard doLiign aft4 manufactured specifically for the
purpose of water well construction;
(B) th<» Hftit- f. hall moot induotry standard
o
fo* otrongth a«4 water tightnoas; Design, installation and
performance standards shall be those specified in P.\S-1 (Pitless Adapter Standard No. \]_ as
adopted by the Water S\stem Council s Pitless .Adapter Division;
(C) The ««+{• pitless device will be compatible with the well casing;
f©^ j^ tiftrt fe>e joined to t^ well casing bt» cith er a threaded coupling g>f woldod joint;
(D) ffei The top of the ««**• pitless device shall be extend at least 8 inches above land surface;
(E) (4^ The Hftit- pitless de\ice shall have an access port.
(5) AU openings for piping, wiring, and vents shall enter into the weU at least eight inches above land
surface, except where pitless adapter adapters or pitless units are used, and shall be adequately
sealed to preclude the entrance of contaminants mto the well.
Statutorv Aulhoriiv G.S. 87-87; 87-h
.0108 ST.WD.ARDS OF CONSTRL CTION:
WEI IS OTHER THAN WATER SLPPLY
(a) No weU shall be located, constructed, op-erated,
or repaired in any manner that may ad-versely
impact the quality of groundwater. Any
test holes »fi4 borings hole or boring shall be
permanently abandoned by the dnUer in accord-ance
with Rule .0113 of this Section within two
days after drilling or two days after testing is
complete, whichever is least restrictive; except in
the case that a test weU is being conycrted to a
production weU, in which case conversion shall
be completed within 30 days.
(b) Injection weUs shall conform to the stand-ards
set forth in Section .0200 of this Subchapter.
(c) Monitoring weUs and recovery weUs shaU
be located, designed, constructed, operated and
abandoned with materials and bN' methods which
201 7:3 NORTH CAROLINA REGISTER May I, 1992
PROPOSED RULES
are compatible with the chemical and physical
properties of the contaminants involved, specific
site conditions and sp>ecific subsurface conditions.
Specific construction standards will be itemized
in the construction permit, if such a permit is re-quired,
but the following general requirements
will apply:
(1) For wells from which samples of
groundwater or other Uquids wiU be ob-tained
for the purpose of examination or
testing, or for the recovery of polluted
groundwater:
(A) (-4^ The borehole shall not penetrate to
a depth greater than the depth to be
monitored or the depth from which con-taminants
are to be recovered.
(B) f3) The well shall not hydraulically
connect separate aquifers.
(C) (^ The construction materials shall be
compatible with the contaminants to be
monitored or recovered.
(D) f4^ The well shall be constructed in such
a manner that water or contaminants
from the land surface cannot migrate
along the borehole aimulus into p^vet
pack the packing material or wcU screen
area.
(E) f§) WTion a fflas'ol pack is Packing ma-terial
placed around the screen a seai shall
be instaHed above the gravol. shall extend
to a depth at least one foot above the top
of the screen. A one foot thick seal,
comprised of bentonitic clav or other ma-terial
approved by the Director, shall be
emplaced directly above and in contact
with the packing material.
(F) (4^ Grout shall be placed in the annular
space between the casing and the borehole
wall from land surface to a depth within
Uve feet- above the top »f Ae weli ocroon
the top of the clay seal or to the bottom
of the casing for open end weUs.
(G) f?) iAU wells shall be secured to reason-ably
insure against unauthorized access
and use.
(H) {^ AH wells shall be afforded reasonable
protection against damage during con-struction
and use.
(I) f^ Any wells which are flowing artesian
wells shall be valved so that the flow can
be regulated.
(J) The well casing shall be terminated no
less than 12 inches above land surface da-tum
unless both of the following condi-tions
are met:
(i2 site-specific conditions directly related
to business activities, such as vehicle
traffic, would endanger the physical in-tegrity
of the well, and
(ii) the weU head is completed in such a
manner so as to preclude surficial con-taminants
from entering the well.
(K) (44^ Each well shall have permanently
affixed an identification plate constructed
of a durable material and shall contain the
following information:
(i) (A) drilling contractor name and regis-tration
number;
(ii) f^ date well completed;
(iii) fG> total depth of well;
(iv) f©) a warning that the well is not the
for water supply and that the
groundwater may contain hazardous
materials; and
(v) f^ depth(s) to screen(s).
(L) Each well shall be developed such that
the level of turbidity or settleable solids
does not preclude accurate chemical ana-
Ivses of any fluid samples collected.
(2) For any well which will only be used to
measure groundwater levels, the foUowing
general requirements will apply:
(A) The borehole shall not penetrate to a
depth greater than the depth at which
fluid elevation measurements will be
made;
(B) The well shall nc:)t hydrauhcaUy connect
separate aquifers;
(C) The well shaU be constructed in such a
manner that water or contaminants from
the land surface cannot migrate along the
borehole channel into the packing mate-rial
or well screen areas;
(D) Grout shall be placed in the annular
space between the casing and the borehole
from land surface to the clav seal above
the packing material or to the bottom of
the casing for open end wells;
(E) Unless the wells will not be left unat-tended,
such as during a well capacity or
aquifer capacity test, all wells shall be se-cured
to reasonably insure against unau-thorized
access and use;
(F) All wells shall be afforded reasonable
protection against damage during con-struction
and use;
(G) Any wcU which is a flowing artesian
well shall be \alvcd such that flow can be
regulated;
(H) The well casing shall be terminated no
less than 12 inches above land surface da-tum
unless both of the following condi-tions
are met:
(i) site-specific conditions related to
business activities, such as vehicle traf-
7:5 NORTH CAROLINA REGISTER May I, 1992 202
PROPOSED RULES
fic, would endanger the physical integ-rity
of the well, and
(ii) the well head is completed in such a
manner so as to preclude surficial con-taminants
from entering the well.
(I) An identification plate constructed of a
rustproof, durable material shall be per-manently
aiflxed to the well and shall
contain the following information:
(i) dniling contractor name and registra-tion
number,
(ii) date well completed,
(lii) total depth of well,
(iy) a wiiming that the well is not a water
supply vsell and that the groundwater
may contain contaminants.
(d) Qb'.;OPi ation We' ll s. Wells constructed for
the purpose of monitoring or testmg for the
presence of liquids associated vyjth tanks regu-lated
under 15.-\ NCAC 2N (Cnteria and Stand-ards
.Applicable to I'nderground Storage Tanks)
shall be constructed in accord:mce with 15A
NCAC 2N .05U4.
<4i
m
ffhaU ^ caood a* spocifiod m .0107(g) e^
titts Subchapter unlor.fi otharis-ifie af>-
provod by A« dopartmont.
ohall h<d groutod \» within twe feet- ef tbe
Vr^ scrcono efr fof open <*ft4 wl'IIs, te tbe
bottom ef Ae caciing unlt'oo othoniviso ap-provod
by t+» dopartmont.
(e) \\'ells constructed for the purpose of moni-tormg
for the presence of yapors associated with
tanks regulated under \5A NCAC 2N shall:
( 1) be constructed in such a manner as to
preyent the entrance of surficial contam-inants
or water into or alongside the well
casing: and
(2) be proNided with a lockable cap in order
to reasonably insure agamst unauthorized
access and use.
(f) Temporary weUs and all other non-water
suppK' wells shall be constructed in such a man-ner
as to preclude the yertical migration of con-taminants
within and along the borehole channel.
(g) for sand-or gra\el-packed weUs, centenng
guides must be installed w ithin tjye feet of the top
of the packing materia] to ensure eyen distrib-ution
of the packmg material m the borehole.
Statutory Authority G.S. 87-87; 87-88.
.0109 PLMPS .AND PUMPING EQUIPMENT
(a) The pumping capacity of the pump shall
be consistent \yith the intended use and yield
characteristics of the well.
(b) The pump and related equipment for the
well shall be conyeniently located to permit easy
access and remoyal for repair and maintenance.
(c) TTie base plate of a pump placed directly
oyer the weU shall be designed to form a
watertight seal with the well casing or pump
foundation.
(d) In installations where the pump is not lo-cated
directly over the well, the annular space
between the casing and pump intake or discharge
piping shall be closed with a watertight seal pref-erably
designed specifically for this purpose.
(e) The well shall be properly vented at the well
head to allow for the pressure changes within the
weU except when a suction lift typ)e pump is used.
(f) A hose bibb shall be installed at the well
head by the person installing the pump for ob-taining
water samples. In the case of offset jet
pump installations the hose bibb shall be in-stalled
on the return (pressure) side of the jet
pump piping.
(g) A priming tee shall be installed at the well
head in conjunction with offset jet pump instal-lations.
(h) Joints of any suction line installed under-ground
between the weU and pump shall be sur-rounded
by St* inchoo »f cement, or encased in a
larger pipe that is sealed at each end.
(i) The drop piping and electrical wiring used
in connection with the pump shall meet all ap-phcable
underwriters spiecLlications. acceptable
to the dopartmont.
(j) Contaminated water shall not be used for
priming the pump.
Statutory Authority G.S. 87-87; 87-88.
.01 10 WELL TESTS FOR YIELD
(a) Every water supply weU shall be tested for
capacity by a method and for a period of time
acceptable to the department.
(b) The permittee may be required as a permit
condition to test any weU for capacity by a
method stipulated in the permit.
(c) Standard methods for testing domestic weU
capacities include:
(1) Pump .Method
(A) selec