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)<FM/-7V'3^//*Vf^^Vc I 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
Object Description
Description
Title | North Carolina register |
Date | 1992-05-01 |
Description | Vol. 7, issue 3 (May 1, 1992) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 166 p.; 13.87 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19920501.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text |
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