SESSION LAW 2019-126




AN ACT to clarify that the department of health and human services, its authorized agents, and local health departments shall have no liability for wastewater systems failures that are a direct result of certain evaluations conducted by licensed soil scientists and licensed geologists.


The General Assembly of North Carolina enacts:


SECTION 1.  G.S. 130A‑335(a2) reads as rewritten:

"(a2)    Evaluations conducted by a licensed soil scientist or a licensed geologist pursuant to subsection (a1) of this section to produce design and construction features for a new proposed wastewater system or a proposed repair project for an existing wastewater system, including the addressing of any special hydrologic conditions that may be required under the applicable rules for an authorization to construct or for permitting, shall be approved by the applicable permitting authorities under G.S. 130A‑336 and G.S. 130A‑336.1, provided both of the following conditions are met:

(1)        The evalutation evaluation of soil conditions, site features, or geologic and hydrogeologic conditions satisfies all requirements of this Article. The evaluation shall not cover areas outside the scope of the applicable license.

(2)        The licensed soil scientist or licensed geologist conducting the evaluation maintains an errors and omissions liability insurance policy issued by an insurer licensed under Chapter 58 of the General Statutes in an amount commensurate with the risk.

Upon receipt of a signed written evaluation from the soil scientist or licensed geologist, the Department, the Department's authorized agents, and the local health department shall be discharged and released from any liabilities, duties, and responsibilities imposed by statute or in common law from any claim arising out of or attributed to the soil conditions, site features, geologic conditions, or hydrogeologic conditions for which the signed written evaluation was submitted."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 9th day of July, 2019.



                                                                    s/  Ralph E. Hise

                                                                         Presiding Officer of the Senate



                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives



                                                                    s/  Roy Cooper




Approved 1:29 p.m. this 19th day of July, 2019