§ 32-45. Regulation of potable water supply.

(a)

It shall be unlawful for any person to dig, drill, or otherwise draw water from pump solids or liquid solutions into any water bearing geological strata deeper than 75 feet, as measured from ground surface, or in any manner penetrate into the water bearing geological strata from which the town draws its potable water supply, whichever depth is less. It shall also be unlawful to solicit, assist, procure to violation of this section.

(b)

It shall constitute a violation of this section, and it shall be conclusively presumed that a polluting substance was introduced into the town's water supply to have drilled or penetrated to a depth greater than 75 feet or into such strata.

(c)

It shall be unlawful for any person to dig, drill or otherwise begin such drilling work without having first obtained a permit from the town to do so. After completion of the drilling, the contractor performing the work shall within 15 days thereafter certify to the town in writing and under oath upon a supplied form, verification of the depth drilled.

(d)

Violation of this section shall be conclusively deemed to constitute negligence per se, and is a misdemeanor under section 1-6(g) for which a penalty may be imposed under G.S. 14-4(a) in the amount as provided in table 2 in section 1-8.

(Code 1979, § 5-1031; Code 1990, § 19-52; Ord. of 6-12-1985, § 5-1031; Ord. No. 2012-001, § 1(31), 3-14-2012)