GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2023-90
HOUSE BILL 628
AN ACT to amend the statutes governing on‑site wastewater systems, to make certain NC ON‑SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION BOARD CHANGES, TO DIRECT THE BUILDING CODE COUNCIL TO CREATE AN ON‑SITE WASTEWATER EXISTING SYSTEM AFFIDAVIT, to make certain WASTEWATER ELECTRICAL CHANGES, to make certain changes to private drinking water well building inspection and installation, to PROHIBIT FORCED SEWER CONNECTIONS IN CERTAIN SITUATIONS, and TO ESTABLISH A REGISTERED ENVIRONMENTAL HEALTH Associate CERTIFICATION UNDER THE STATE BOARD OF Environmental Health Specialist Examiners.
The General Assembly of North Carolina enacts:
ON‑Site Wastewater Changes
SECTION 1. G.S. 130A‑335 reads as rewritten:
"§ 130A‑335. Wastewater collection, treatment and disposal; rules.
(a) A person owning or controlling a residence, place of business or a place of public assembly shall provide an approved wastewater system. Except as may be allowed under another provision of law, all wastewater from water‑using fixtures and appliances connected to a water supply source shall discharge to the approved wastewater system. A wastewater system may include components for collection, treatment and disposal of wastewater.
(a1) Any proposed site for a residence, place of business, or a place of public assembly located in an area that is not served by an approved wastewater system for which a new wastewater system is proposed or repair is necessary for compliance may be evaluated for soil conditions and site features by a person licensed pursuant to Chapter 89F of the General Statutes as a licensed soil scientist. For purposes of this subsection, "site features" include topography and landscape position; soil characteristics (morphology); soil wetness; soil depth; restrictive horizons; available space; and other applicable factors that involve accepted public health principles. A person licensed pursuant to Chapter 89E of the General Statutes as a licensed geologist may evaluate the proposed site or repair area, as applicable, for geologic and hydrogeologic conditions.
(a2) Evaluations conducted by
a licensed soil scientist or a licensed geologist pursuant to subsection (a1)
of this section shall be used in developing 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 improvement
permit Improvement Permit or a construction authorization, Construction
Authorization, shall be approved by the applicable permitting authorities
under G.S. 130A‑336 provided both of the following conditions are
met:
(1) The 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.
(a3) When an applicant for an improvement
permit Improvement Permit submits to a local health department an
application Improvement Permit application, the permit fee charged by
the local health department, the common form developed by the Department, and
a soil evaluation pursuant to subsection (a2) of this section, the local health
department shall, within 10 five business days of receiving the application,
take one of the following actions:application, conduct a completeness
review of the submittal. A determination of completeness means that the Improvement
Permit includes all of the required components. If the local health department
determines that the Improvement Permit is incomplete, the local health
department shall notify the applicant of the components needed to complete the Improvement
Permit. The applicant may submit additional information to the local health
department to cure the deficiencies in the Improvement Permit. The local health
department shall make a final determination as to whether the Improvement
Permit is complete within five business days after the local health department
receives the additional information from the applicant. If the local health
department fails to act within any period set out in this subsection, the
applicant may treat the failure to act as a determination of completeness. The Department
shall develop a common form for use as the Improvement Permit.
(1) Issue the improvement permit.
(2) Deny the permit application and provide a
signed, written report to the applicant citing the applicable rule(s) for
permit denial.
(3) Notify the applicant that additional information
is needed if the application is incomplete.
(a4) If a local health
department fails to act on an application for an improvement permit submitted
pursuant to subsection (a3) of this section within 10 business days of receipt
of a complete application, the local health department shall issue the
improvement permit.The licensed soil scientist or licensed geologist
submitting the evaluation pursuant to subsection (a2) of this section shall
have the right to request that the local health department revoke or suspend
the Improvement Permit for cause. Upon written request by the licensed soil
scientist or licensed geologist, the local health department shall suspend or
revoke the Improvement Permit pursuant to G.S. 130A‑23.
(a5) When an applicant for a construction
authorization Construction Authorization, or an Improvement Permit and Construction
Authorization together, submits an application along with a
Construction Authorization, or an Improvement Permit and Construction Authorization
application together, the permit fee charged by the local health department,
the common form developed by the Department, and any necessary signed and
sealed plans or evaluations, as required by the local health department, evaluations
conducted by a person licensed pursuant to Chapter 89C of the General
Statutes as a licensed engineer or a person certified pursuant to Article 5 of
Chapter 90A of the General Statutes as an Authorized On‑Site Wastewater
Evaluator, the local health department shall, within 10 five business
days of receiving the application, take one of the following actions:conduct
a completeness review of the submittal. A determination of completeness means
that the Construction Authorization or Improvement Permit and Construction
Authorization includes all of the required components. If the local health
department determines that the Construction Authorization or Improvement Permit
and Construction Authorization is incomplete, the local health department shall
notify the applicant of the components needed to complete the Construction
Authorization or Improvement Permit and Construction Authorization. The
applicant may submit additional information to the local health department to
cure the deficiencies in the Construction Authorization or Improvement Permit
and Construction Authorization. The local health department shall make a final
determination as to whether the Construction Authorization or Improvement
Permit and Construction Authorization is complete within five business days
after the local health department receives the additional information from the
applicant. If the local health department fails to act within any period set
out in this subsection, the applicant may treat the failure to act as a
determination of completeness. The applicant may apply for the building permit
for the project upon the decision of completeness of the Construction
Authorization or Improvement Permit and Construction Authorization by the local
health department or if the local health department fails to act within five
business days. The Authorized On‑Site Wastewater Evaluator or licensed
engineer submitting the evaluation pursuant to this subsection may request that
the local health department revoke or suspend the Construction Authorization or
Improvement Permit and Construction Authorization for cause. Upon written
request of the Authorized On‑Site Wastewater Evaluator or licensed
engineer, the local health department shall suspend or revoke the Construction
Authorization or Improvement Permit and Construction Authorization pursuant to G.S. 130A‑23.
The Department shall develop a common form for use as the Construction
Authorization.
(1) Approve the permit application.
(2) Deny the permit application and provide a
signed, written report to the applicant citing the applicable rule(s) for
permit denial.
(3) Notify the applicant that additional information
is needed if the application is incomplete.
(a6) If a local health
department fails to act on an application for a construction authorization
submitted pursuant to subsection (a5) of this section within 10 business days
of receipt of a complete application, the local health department shall issue
the construction authorization.The local health department may assess a
fee for the Construction Authorization or the Improvement Permit/Construction
Authorization combination permit of up to forty percent (40%) of the fee established
for similar systems permitted by the local health department.
(a7) The wastewater system
contractor shall notify the local health department, or professional engineer
or Authorized On‑Site Wastewater Evaluator, as applicable, prior to the
start of construction of the proposed wastewater system by telephone or other
electronic means. The local health department, professional engineer, or
Authorized On‑Site Wastewater Evaluator conducting the evaluation pursuant
to subsection (a5) of this section shall retain the ability to delay
construction until determination of site conditions. conditions,
including soil wetness, grading or landscaping that damages the soil
evaluation, soil compaction, or landscape position. The owner or certified on‑site
wastewater contractor shall notify the authorizing agent and is responsible for
contacting the authorizing agent, as applicable, and the certified on‑site
wastewater contractor prior to the start of system construction of any known
changes to the site that alter the site evaluation or conditions.
The applicant or the wastewater
system contractor certified under rules established by the North Carolina
On‑Site Wastewater Contractors and Inspectors Certification Board shall
notify the local health department of completion of the wastewater system for
the inspection and issuance of the operation permit pursuant to G.S. 130A‑337
after determination of compliance with the construction authorization.
(a8) The Department, the Department's authorized agents, and the local health departments 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 evaluations, submittals, or actions from a licensed soil scientist or licensed geologist pursuant to subsection (a2) of this section. The Department, the Department's authorized agents, and the local health departments 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 plans, evaluations, preconstruction conference findings, submittals, or actions from a person licensed pursuant to Chapter 89C of the General Statutes as a licensed engineer or a person certified pursuant to Article 5 of Chapter 90A of the General Statutes as an Authorized On‑Site Wastewater Evaluator in subsections (a2), (a5), and (a7) of this section. The Department, the Department's authorized agents, and the local health departments shall be responsible and bear liability for their actions and evaluations and other obligations under State law or rule, including the issuance of the operations permit pursuant to G.S. 130A‑337.
(a9) Proposed wastewater systems submitted to the local health department pursuant to this section shall not be required to meet the requirements of 15A NCAC 18A .1938(e) or 15A NCAC 18A .1938(f). Any proposals sent to the Department for review shall not be required to meet the time constraints set forth in this section.
(b) All wastewater systems
shall either (i) be regulated by the Department under rules adopted by the Commission
or Commission, (ii) conform with the engineered option permit
criteria set forth in G.S. 130A‑336.1 and under rules adopted by the
Commission Commission, or (iii) conform with the Authorized On‑Site
Wastewater Evaluator permit criteria pursuant to G.S. 130A‑336.2 and
rules adopted by the North Carolina On‑Site Wastewater Contractors and
Inspectors Certification Board except for the following wastewater systems
that shall be regulated by the Department of Environmental Quality under
rules adopted by the Environmental Management Commission:
(1) Wastewater collection, treatment, and disposal systems designed to discharge effluent to the land surface or surface waters.
(2) Wastewater systems designed for groundwater remediation, groundwater injection, or landfill leachate collection and disposal.
(3) Wastewater systems designed for the complete recycle or reuse of industrial process wastewater.
(4) Gray water systems as defined in G.S. 143‑350.
(c2) Notwithstanding any other
provision of law, a municipality unit of local government shall
not prohibit or regulate by ordinance or enforce an existing ordinance
regulating the use of off‑site wastewater systems or other systems
approved by the Department under rules adopted by the Commission when the
proposed system meets the specific conditions of the approval.
(d1) The Department or owner of
a wastewater system may file a written complaint with the North Carolina Board
of Examiners for Engineers and Surveyors in accordance with rules and
procedures adopted by the Board pursuant to Chapter 89C of the General Statutes
citing failure of a professional engineer to adhere to the rules adopted by the
Commission pursuant to this Article. The Department or owner of a wastewater
system may file a written complaint with the North Carolina Board of Licensed
Soil Scientists in accordance with rules and procedures adopted by the Board
pursuant to Chapter 89F of the General Statutes citing failure of a licensed
soil scientist to adhere to the rules adopted by the Commission pursuant to
this Article. The Department or owner of a wastewater system may file a written
complaint with the North Carolina Board for Licensing of Geologists in
accordance with rules and procedures adopted by the Board pursuant to Chapter
89E of the General Statutes citing failure of a licensed geologist to adhere to
the rules adopted by the Commission pursuant to this Article. The Department or
owner of a wastewater system may file a written complaint with the North
Carolina On‑Site Wastewater Contractors and Inspectors Certification
Board in accordance with rules and procedures adopted by the Board pursuant to
Article 5 of Chapter 90A of the General Statutes citing failure of a contractor
to adhere to the rules adopted by the Commission pursuant to this Article.Article
or for failure of an Authorized On‑Site Wastewater Evaluator to adhere to
rules adopted by the Commission or the Board pursuant to this Article.
(f) The rules of the
Commission and the rules of the local board of health shall classify systems of
wastewater collection, treatment and disposal according to size, type of
treatment and any other appropriate factors. The rules shall provide
construction requirements, including pretreatment and system control
requirements, standards for operation, maintenance, monitoring, reporting, and
ownership requirements for each classification of systems of wastewater
collection, treatment and disposal in order to prevent, as far as reasonably
possible, any contamination of the land, groundwater and surface waters. The
Department and local health departments may impose conditions on the issuance
of permits and may revoke the permits for failure of the system to satisfy the
conditions, the rules, or this Article. Permits other than improvement permits
shall be valid for a period prescribed by rule. Improvement permits shall be
valid upon a showing satisfactory to the Department or the local health
department that the site and soil conditions are unaltered, that the facility,
design wastewater flow, and wastewater characteristics are not increased, and
that a wastewater system can be installed that meets the permitting
requirements in effect on the date the improvement permit Improvement
Permit was issued. Improvement permits for which a plat is provided shall
be valid without expiration. Improvement permits for which a site plan is
provided shall be valid for five years. The period of time for which the permit
is valid and a statement that the permit is subject to revocation if the site
plan or plat, whichever is applicable, or the intended use changes shall be
displayed prominently on both the application form for the permit and the permit.
(f1) A preconstruction
conference with the owner or developer, or an agent of the owner or developer,
and a representative of the local health department shall be required for any construction
authorization Construction Authorization issued with an improvement
permit Improvement Permit under G.S. 130A‑336 when the
authorization is greater than five years old. Following the conference, the
local health department shall advise the owner or developer of any rule changes
for wastewater system construction incorporating current technology that can
reasonably be expected to improve the performance of the system. The local
health department shall issue a revised construction authorization Construction
Authorization incorporating the rule changes upon the written request of
the owner or developer.
(g) Prior to denial of an improvement
permit, Improvement Permit, the local health department shall advise
the applicant of possible site modifications or alternative systems, and shall
provide a brief description of those systems. When an improvement permit Improvement
Permit is denied, the local health department shall issue the site
evaluation in writing stating the reasons for the unsuitable classification.
The evaluation shall also inform the applicant of the right to an informal
review by the Department, the right to appeal under G.S. 130A‑24,
and to have the appeal held in the county in which the site for which the improvement
permit Improvement Permit was requested is located.
."
SECTION 2. G.S. 130A‑335.1 reads as rewritten:
"§ 130A‑335.1. Effluent filters and access devices for certain septic tank systems.
(b) The access device required by G.S. 130A‑335(f) shall provide access to each compartment of a septic tank for inspection and maintenance either by means of an opening in the top of the septic tank or by a riser assembly and shall include an appropriate cover. The access device shall:
(1) Be of sufficient size to facilitate inspection and service.
(2) Be designed and constructed to equal or exceed the minimum loading specifications applicable to the septic tank.
(3) Prevent water entry.
(4) Come to within six inches of the finished grade.
(5) Be visibly marked so that the access device can
be readily located."
SECTION 3. G.S. 130A‑336.1 reads as rewritten:
"§ 130A‑336.1. Alternative process for wastewater system approvals.
(a) Engineered Option Permit Authorized. A professional engineer licensed under Chapter 89C of the General Statutes may, at the direction of the owner of a proposed wastewater system who wishes to utilize the engineered option permit, prepare signed and sealed drawings, specifications, plans, and reports for the design, construction, operation, and maintenance of the wastewater system in accordance with this section and rules adopted thereunder.
(b) Notice of Intent to
Construct. Prior to commencing or assisting in the construction, siting, repair,
or relocation of a wastewater system, the owner of a proposed wastewater
system who wishes to utilize the engineered option permit, or a professional
engineer authorized as the legal representative of the owner, shall submit to
the local health department with jurisdiction over the location of the proposed
wastewater system a notice of intent to construct Notice of Intent to
Construct a wastewater system utilizing the engineered permit option. Engineered
Option Permit along with the fee required pursuant to subsection (n) of this
section. The owner may apply for a building permit for the project upon submitting
a complete Notice of Intent to Construct to the local health department. The
owner shall notify the local health department upon completing installation of
the wastewater system, adherence to the submitted Notice of Intent to Construct,
and the submittal of the Authorization to Operate to the local health
department. The Department shall develop a common form for use as the notice
of intent to construct Notice of Intent to Construct that includes
all of the following:
(1) The owner's name, address, e‑mail address, and telephone number.
(2) The professional engineer's name, license number, address, e‑mail address, and telephone number.
(3) For the professional engineer, the licensed soil scientist, the licensed geologist, and any on‑site wastewater contractors, proof of errors and omissions insurance coverage or other appropriate liability insurance.
(4) A description of the facility the proposed site is to serve and any factors that would affect the wastewater load.
(5) The type of proposed wastewater system and its location.
(6) The design wastewater flow and characteristics.
(7) Any proposed landscape, site, drainage, or soil modifications.
(8) A soil evaluation that is conducted and signed and sealed by a either a licensed soil scientist or licensed geologist.
(9) A plat, as defined in G.S. 130A‑334(7a), or a site plan, as defined in G.S. 130A‑334(13a).
(c) Completeness Review for Notice of Intent to
Construct. The local health department shall determine whether a notice of
intent to construct, as required pursuant subsection (b) of this section, is
complete within 15 business days after the local health department receives the
notice of intent to construct. A determination of completeness means that the
notice of intent to construct includes all of the required components. If the
local health department determines that the notice of intent to construct is
incomplete, the department shall notify the owner or the professional engineer
of the components needed to complete the notice. The owner or professional
engineer may submit additional information to the department to cure the
deficiencies in the notice. The local health department shall make a final
determination as to whether the notice of intent to construct is complete
within 10 business days after the department receives the additional
information from the owner or professional engineer. If the department fails to
act within any time period set out in this subsection, the owner or
professional engineer may treat the failure to act as a determination of completeness.
(d) Submission of Notice of
Intent to Construct to Department for Certain Systems. Prior to commencing in
the construction, siting, repair, or relocation of a wastewater system
designed (i) for the collection, treatment, and disposal of industrial process
wastewater or (ii) to treat greater than 3,000 gallons per day, the owner of a
proposed wastewater system who wishes to utilize the engineered option
permit, Engineered Option Permit, or a professional engineer
authorized as the legal representative of the owner, shall provide to the
Department a duplicate copy of the notice of intent to construct Notice
of Intent to Construct submitted to the local health department required
pursuant to subsection (b) of this section.
(e) Site Design, Construction, and Activities.
(1) The professional engineer designing the proposed wastewater system shall use recognized principles and practices of engineering and applicable rules of the Commission in the calculations and design of the wastewater system. The investigations and findings of the professional engineer shall include, at a minimum, the information required in rules adopted by the Commission pursuant to G.S. 130A‑335(e). The professional engineer may, at the engineer's discretion, employ pretreatment technologies not yet approved in this State.
(2) Notwithstanding G.S. 130A‑335(a1), the owner of the proposed wastewater system shall employ a person licensed pursuant to Chapter 89F of the General Statutes as a licensed soil scientist to conduct soil and site evaluations and, as applicable, a person licensed pursuant to Chapter 89E of the General Statutes as a licensed geologist to evaluate geologic and hydrogeologic conditions.
(3) The professional engineer designing the proposed wastewater system:
a. Shall be responsible for the engineer's scope of work, including all aspects of the design and any drawings, specifications, plans, or reports that are signed and sealed by the professional engineer.
b. Shall prepare a signed and sealed statement of special inspections that includes the following items:
1. The materials, systems, components, and work subject to special inspection or testing.
2. The type and extent of each special inspection and each test.
3. The frequency of each type of special inspection. For purposes of this sub‑sub‑subdivision, frequency of special inspections shall be required on either a continuous or periodic basis. Continuous special inspections mean the full‑time observation of work requiring special inspection by an approved special inspector who is present in the area where the work is performed. Periodic special inspections mean the part‑time or intermittent observation of work requiring a special inspection by an approved special inspector who is present in the area where the work is or has been performed and at the completion of the work.
c. May assist the owner of the proposed wastewater system with the selection of an on‑site wastewater system contractor certified pursuant to Article 5 of Chapter 90A of the General Statutes.
(4) An on‑site wastewater system contractor, licensed pursuant to Article 5 of Chapter 90A of the General Statutes, who is employed by the owner of the wastewater system, shall:
a. Be responsible for all aspects of the construction and installation of the wastewater system or components of the wastewater system, including adherence to the design, specifications, and any special inspections that are prepared, signed, and sealed by the professional engineer in accordance with all the applicable provisions of this section.
b. Submit a signed and dated statement of responsibility to the owner of the wastewater system, prior to the commencement of work, that contains acknowledgement and awareness of the requirements in the professional engineer's statement of special inspections.
(5) Where the professional engineer's designs,
plans, and specifications call for the installation of a conventional
wastewater system, such designs, plans, and specifications shall allow for the
installation of an accepted system in lieu of a conventional system in
accordance with the accepted system approval.
(6) In addition to the requirements of this section, the owner, the professional engineer designing the proposed wastewater system, and any on‑site wastewater system contractors employed to construct or install the wastewater system shall comply with applicable federal, State, and local laws, regulations, rules, and ordinances.
(f) No Public Liability.
The Department, the Department's authorized agents, or local health departments
shall have no liability for wastewater systems designed, constructed, and
installed pursuant to a engineered option permit.an Engineered Option
Permit.
(g) Inspections, Construction Observations, and Reports.
(1) Site visits. The local health department may,
at any time, conduct a site visit of the wastewater system.
(2) Construction observations. The professional engineer who designed the wastewater system shall make periodic visits to the site, at intervals appropriate to the stage of construction, to observe the progress and quality of the construction and to determine, generally, if the construction is proceeding in accordance with the engineer's plans and specifications.
(3) Special inspections. The owner of the proposed wastewater system shall employ one or more approved special inspectors to conduct special inspections during the construction of the wastewater system. The professional engineer who designed the wastewater system, or the engineer's personnel, may function as an approved agency to conduct special inspections required by this subdivision. The professional engineer's personnel shall only operate as an approved agency for special inspections if the personnel can demonstrate competence and relevant experience or training. For purposes of this subdivision, experience or training shall be considered relevant when the documented experience or training is related in complexity to the same type of special inspection activities for projects of similar complexity and material qualities.
(4) Inspection reports. Approved special inspectors shall maintain and furnish all inspection records to the professional engineer who designed the wastewater system. The records shall indicate whether the work inspected was completed in conformance with the engineer's design and specifications. Any discrepancies identified between the completed work and the engineer's design shall be brought to the immediate attention of the on‑site wastewater system contractor for correction. If discrepancies are not corrected, they shall be brought to the attention of the professional engineer who designed the wastewater system prior to completion of work. A final inspection report documenting the required special inspections and the correction of any identified discrepancies shall be provided to the professional engineer and the owner of the wastewater system for review at the post‑construction conference required pursuant to subsection (j) of this section.
(h) Local Authority. This
section shall not relieve the owner or operator of a wastewater system from
complying with any and all modifications or additions to rules adopted by a
local health department to protect public health pursuant to G.S. 130A‑335(c)
that are required at the time the owner or operator submits the notice of intent
to construct Notice of Intent to Construct pursuant to
G.S. 130A‑336.1(b). The local health department shall notify the
owner or operator of the wastewater system of any issues of compliance related
to such modifications or additions.
(j) Post‑Construction
Conference. The professional engineer designing the wastewater system shall
hold a post‑construction conference with the owner of the wastewater
system; the licensed soil scientist or licensed geologist who performed the
soils evaluation for the wastewater system; the on‑site wastewater system
contractor, certified pursuant to Article 5 of Chapter 90A of the General
Statutes, who installed the wastewater system; and the certified
operator of the wastewater system, if any; and representatives from the
local health department and, as applicable, the Department. any. The
post‑construction conference shall include start‑up of the
wastewater system and any required verification of system design or system
components. The post‑construction conference required by this subsection
may be waived for Type I, II, and III wastewater systems, as listed in 15A NCAC
18A.1961 Table V(a), upon written request by the professional engineer and
written approval by the owner of the wastewater system.
(k) Required Documentation.
(1) At the completion of the post‑construction conference conducted pursuant to subsection (j) of this section, the professional engineer who designed the wastewater system shall deliver to the owner signed, sealed, and dated copies of the engineer's report, which, for purposes of this subsection, shall include the following:
a. The evaluation of soil conditions and site features as prepared by either the licensed soil scientist or licensed geologist.
b. The drawings, specifications, plans, and reports of the wastewater system, including the statement of special inspections required pursuant to G.S. 130A‑336.1(e)(3); the on‑site wastewater system contractor's signed statement of responsibility required pursuant to G.S. 130A‑336.1(e)(4); records of all special inspections; and the final inspection report documenting the correction of any identified discrepancies required pursuant to subsection (g) of this section.
c. The operator's management program manual that includes a copy of the contract with the certified water pollution control system operator required pursuant to subsection (i) of this section.
d. Any reports and findings related to the design and installation of the wastewater system.
e. A copy of the authorization to operate that can be used for the certificate of occupancy for the facility.
(2) Upon reviewing the
professional engineer's report, the owner of the wastewater system shall sign and
notarize the report as having been received.the report confirming
acceptance and receipt of the report.
(l) Reporting Requirements.
(1) The owner of the wastewater system shall submit the following to the local health department:
a. A copy of the professional engineer's report required pursuant to G.S. 130A‑336.1(k)(1).
b. A copy of the operations and management program.
c. The fee required pursuant to subsection (n) of
this section.
d. A notarized letter
that documents the owner's acceptance of the system from the professional
engineer.
e. A copy of the Authorization to Operate.
(2) The owner of any wastewater system that is subject to subsection (d) of this section shall deliver to the Department copies of the engineer's report, as described G.S. 130A‑336.1(k)(1).
(m) Authorization to Operate. Within 15 business
days of receipt of the documents and fees required pursuant to G.S. 130A‑336.1(l)(1),
the local health department shall issue the owner a letter of confirmation that
states the documents and information contained therein have been received and
that the wastewater system may operate in accordance with rules adopted by the
Commission.
(n) Fees. The local health
department may assess a an administrative fee for the
engineered option permit of up to thirty percent (30%) of the cumulative total
of the fees the department has established to obtain an improvement permit, an
authorization to construct, and an operations permit for wastewater systems
under its jurisdiction. The fee shall only be used by the department in support
of its work pursuant to this section to conduct site inspections; support the
department's staff participation at post‑construction conference
meetings; and archive the engineered permit with the county register of deeds
or other recordation of the wastewater system as required.of no more
than thirty‑five dollars ($35.00) for filing costs.
(o) Change in System
Ownership. A wastewater system authorized pursuant to this section shall not
be affected by change in ownership of the site for the wastewater system,
provided both the site for the wastewater system and the facility the system
serves are unchanged and remain under the ownership or control of the person
owning the facility.be transferrable to a new owner with the consent of
the professional engineer. The new owner and the professional engineer shall enter
a contract for the wastewater system.
(o1) Revocation. A Notice of Intent to Construct or an Authorization to Operate issued by an engineer under this section may be revoked by the engineer that issued the Notice of Intent to Construct or the Authorization to Operate. The professional engineer shall send written notification of the revocation to the owner, the licensed soil scientist, the licensed geologist, if any, the certified contractor, the local health department, and the certified water pollution control system operator, if any. The professional engineer shall cite the specific reason for the revocation in the written notification.
(o2) Repair of Malfunctioning Systems. The owner may apply for an Improvement Permit and a Construction Authorization from the local health department or obtain a Notice of Intent to Construct to repair a malfunctioning wastewater system initially established under this section.
(p) Remedies. Notwithstanding any other provision of this section or any other provision of law, owners; operators; professional engineers who utilize the engineered option permit, who prepare drawings, specifications, plans, and reports; licensed soil scientists; licensed geologists; and on‑site wastewater system contractors employed for the construction or installation of the wastewater system shall be subject to the provisions and remedies provided to the Department and local health departments pursuant to Article 1 of this Chapter.
(q) Rule Making. The Commission shall adopt rules to implement the provisions of this section.
(r) Reports. The Department shall report to the
Environmental Review Commission and the Joint Legislative Oversight Committee
on Health and Human Services on or before January 1, 2017, and annually thereafter,
on the implementation and effectiveness of this section. For the report due on
or before January 1, 2017, the Department shall specifically study (i) whether
the engineered option permit resulted in a reduction in the length of time
improvement permits or authorizations to construct are pending; (ii) whether
the engineered option permit resulted in increased system failures or other
adverse impacts; (iii) if the engineered option permit resulted in new or
increased environmental or public health impacts; (iv) an amount of errors and
omissions insurance or other liability sufficient for covering professional
engineers, licensed soil scientists, licensed geologists, and contractors who
employ the engineered option permit; and (v) the fees charged by local health
departments to administer the engineered option permit pursuant to subsection
(n) of this section. The Department may include recommendations, including any
legislative proposals, in its reports to the Commission and Committee."
SECTION 4. G.S. 130A‑336.2 reads as rewritten:
"§ 130A‑336.2. Alternative wastewater system approvals for nonengineered systems.
(a) Authorized On‑Site Wastewater Evaluator. An individual licensed as a soil scientist pursuant to Chapter 89F of the General Statutes and further certified under conditions developed and administered by the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board may, at the direction of the owner of a proposed wastewater system, prepare signed and sealed soil and site evaluations, specifications, plans, and reports for the site layout, construction, operation, and maintenance of a wastewater system in accordance with this section and rules adopted pursuant to this section. An Authorized On‑Site Wastewater Evaluator shall not perform any of the functions performed by a professional engineer for engineered wastewater systems described in G.S. 130A‑336.1.
(b) Notice of Intent to
Construct. Prior to commencing or assisting in the construction, siting,
relocation, or repair of a wastewater system, the owner of a proposed
wastewater system who wishes to use an Authorized On‑Site Wastewater
Evaluator shall submit a notice of intent to construct complete Notice
of Intent to Construct a wastewater system using an Authorized On‑Site
Wastewater Evaluator to the local health department with jurisdiction over the
location of the proposed wastewater system. The owner may apply for a
building permit for the project upon submitting a complete Notice of Intent to
Construct and the fee required pursuant to subsection (n) of this section to
the local health department. The Department of Health and Human Services
North Carolina On‑Site Wastewater Contractors and Inspectors
Certification Board shall develop
a common form for use as a notice of intent to construct that includes all
of the following:Notice of Intent to Construct.
(1) The owner's name, e‑mail address, mailing
address, and phone number.
(2) The Authorized On‑Site Wastewater
Evaluator's name, certification number, mailing address, e‑mail address,
and telephone number.
(3) The physical location of proposed site.
(4) Proof of errors and omissions, liability, or
other insurance adequate for the proposed wastewater system.
(5) A description of the facility the proposed site
is to serve and any factors that would affect the wastewater load.
(6) The type of wastewater system proposed.
(7) The estimated wastewater flow and wastewater
characteristics.
(8) Any proposed landscape, site, drainage, or soil
modifications.
(9) An evaluation of soil conditions and site
features that is conducted and signed and sealed by a licensed soil scientist
or for geologic or hydrogeologic conditions by a licensed geologist.
(10) A plat, as defined in G.S. 130A‑334(7a),
or a site plan, as defined in G.S. 130A‑334(13a).
(c) Completeness Review for Notice of Intent to
Construct. The local health department shall determine whether the notice of
intent to construct required pursuant to subsection (b) of this section is
complete within five business days after receiving the notice of intent to
construct. A determination of completeness means that the notice of intent to
construct includes all of the required components. If the local health
department determines that the notice of intent to construct is incomplete, the
local health department shall notify the owner and list the information needed
to complete the notice. The owner may then submit additional information to the
local health department to cure the deficiencies in the initial notice. The
local health department shall make a final determination as to whether the
notice of intent to construct is complete within five business days after the
department receives the additional information. If the local health department
fails to act within any time period set out in this subsection, the owner may
treat the failure to act as a determination of completeness. The owner shall be
able to apply for the building permit for the project upon the decision of
completeness of the notice of intent by the local health department or if the
local health department fails to act within the five business day time period.
(d) Soil and Site Evaluation, Construction, and Activities.
(1) The Authorized On‑Site Wastewater Evaluator shall use standards incorporated in recognized soil and siting practices in North Carolina. The evaluation and findings shall include, at a minimum, the information required in rules adopted by the Commission pursuant to G.S. 130A‑335(e). An Authorized On‑Site Wastewater Evaluator shall not form a direct business relationship with any technology that may result in a conflict of interest.
(2) The Authorized On‑Site Wastewater Evaluator shall prepare a signed and sealed statement of special inspections that includes the following items:
a. The materials, systems, components, and work subject to special inspections and testing.
b. The type, frequency, and extent of each special inspection and each test. For the purposes of this subdivision, "special inspection" means any continuous or intermittent inspection or visitation performed by the Authorized On‑Site Wastewater Evaluator at the construction site on behalf of the owner.
(3) The Authorized On‑Site Wastewater Evaluator shall assist the owner in the selection of an on‑site wastewater system contractor who shall be under contractual obligation to the owner of the system and have sufficient errors and omissions, liability, or other insurance for the system constructed.
(4) The Authorized On‑Site Wastewater Evaluator may assist in the construction, siting, relocation, or repair of any wastewater system described in G.S. 130A‑343.
(5) Where the Authorized On‑Site Wastewater
Evaluator's designs, plans, and specifications call for the installation of a
conventional wastewater system, those designs, plans, and specifications shall
allow for the installation of an Accepted system in lieu of a conventional
system in accordance with the Accepted system approval.
(g) Inspections, Construction Observations, and Reports.
(1) A local health department may, at any time,
conduct a site visit of the wastewater system.
(2) An Authorized On‑Site Wastewater Evaluator shall make periodic visits to the site to observe the progress and quality of the construction.
(3) An Authorized On‑Site Wastewater Evaluator may employ independent inspectors to observe and direct the construction of the wastewater system. Authorized On‑Site Wastewater Evaluators shall be liable for any errors or omissions made by independent inspectors they employ or contract with.
(4) All construction and inspection reports shall be signed by the authorized inspector or Authorized On‑Site Wastewater Evaluator. Copies shall be furnished to the owner and the certified contractor and shall be included in the submittal package to the local health department.
(h) Local Authority.
Nothing in this section shall relieve the owner of the wastewater system from
complying with all rules adopted by a local health department pursuant to
G.S. 130A‑335(c) that are in effect at the time the owner submits
the notice of intent to construct Notice of Intent to Construct described
in subsection (b) of this section. The local health department shall notify the
owner of the wastewater system of any issues of compliance related to such
modifications or additions.
(i) Operation and Management.
(1) An Authorized On‑Site Wastewater Evaluator shall establish a written operation and management program based on the rules established for similar wastewater systems and shall provide this information to the owner of the system.
(2) If necessary to comply
with rules adopted by the Commission, North Carolina On‑Site
Wastewater Contractors and Inspectors Certification Board, the owner shall
enter into a contract with a water pollution control system operator certified
pursuant to Part 1 of Article 3 of Chapter 90A of the General Statutes.
(3) The owner shall be responsible for the continued adherence to the operations and management program established by the Authorized On‑Site Wastewater Evaluator pursuant to subdivision (1) of this subsection.
(j) Post‑Construction Conference. The Authorized On‑Site Wastewater Evaluator shall hold a post‑construction conference with the owner, the certified contractor, and the certified water pollution control system operator, if any. The post‑construction conference shall include start‑up and any required verification of system components.
(k) Required Documents. At the post‑construction conference, the Authorized On‑Site Wastewater Evaluator shall provide the owner with the following documents:
(1) A signed and sealed copy of reports on soil conditions and site features, layouts, drawings, specifications, justification on any proposed design daily flow reductions, and any special inspection reports or corrections made during the construction of the system.
(2) The owner's operation and management program established for the specific wastewater system under subdivision (1) of subsection (i) of this section.
(3) Any reports and findings related to the evaluation, siting, and construction of the wastewater system.
(4) The Authorization to Operate to be used for the certificate of occupancy for the facility.
(l) After reviewing
the Authorized On‑Site Wastewater Evaluator's report, the owner shall
sign and notarize a document confirming acceptance and receipt of the
report. The owner shall then submit the following to the local health
department:
(1) A copy of the Authorized
On‑Site Wastewater Evaluator's report.report, including the Authorization
to Operate.
(2) A copy of the operations and management program established for the system by the Authorized On‑Site Wastewater Evaluator.
(3) The fee established pursuant to subsection (n) of this section.
(4) A notarized letter
that documents the owner's acceptance of the system.A copy of the
document confirming acceptance and receipt of the report by the owner.
(m) Authorization to Operate. Within five business
days of receipt of the required documents and fees described in subsection (l)
of this section, the local health department shall issue the owner an authorization
to operate confirming all the requirements of this section have been met and
all rules adopted by the Commission pertaining to nonengineered on‑site
wastewater systems have been complied with.
(n) Fees. The local health
department may assess a an administrative fee for the system
developed by the Authorized On‑Site Wastewater Evaluator of up to thirty
percent (30%) of the cumulative total of the fees established for similar
systems permitted by the local health department. The fee shall only be used by
the local health department in support of its work pursuant to duties
established by this section.of no more than thirty‑five dollars ($35.00)
for filing costs.
(o) Change in System
Ownership. A wastewater system authorized pursuant to this section shall not
be affected by change of ownership of the site for the wastewater system,
provided both the site for the wastewater system and the type of facility the
system serves are unchanged.be transferrable to a new owner with the
consent of the Authorized On‑Site Wastewater Evaluator. The new owner and
the Authorized On‑Site Wastewater Evaluator shall enter a contract for
the wastewater system.
(o1) Revocation. A Notice of Intent to Construct or an Authorization to Operate issued by an Authorized On‑Site Wastewater Evaluator under this section may be revoked by the Authorized On‑Site Wastewater Evaluator that issued the Notice of Intent to Construct or the Authorization to Operate. The Authorized On‑Site Wastewater Evaluator shall send written notification of the revocation to the owner, the licensed soil scientist, if applicable, the licensed geologist, if any, the certified contractor, the local health department, and the certified water pollution control system operator, if any. The Authorized On‑Site Wastewater Evaluator shall cite the specific reason for the revocation in the written notification.
(o2) Repair of Malfunctioning Systems. The owner may apply for an Improvement Permit and a Construction Authorization from the local health department or obtain a Notice of Intent to Construct to repair a malfunctioning wastewater system initially established under this section.
(p) Remedies. Notwithstanding any other provision of law to the contrary, Authorized On‑Site Wastewater Evaluators, certified contractors described in subsection (e) of this section, and certified water pollution control systems operators described in subdivision (2) of subsection (i) of this section shall be subject only to the disciplinary authority of their individual certifying boards.
(q) Rule Making.
(1) The Commission North
Carolina On‑Site Wastewater Contractors and Inspectors Certification
Board shall have the power to adopt rules to implement the provisions of
this section.
(2) Notwithstanding any provision of law to the contrary, the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board shall have the exclusive authority to promulgate rules regarding certification of Authorized On‑Site Wastewater Evaluators where review and seal of a professional engineer is not necessary pursuant to this section.
(3) The rules adopted by the Board for wastewater systems approved under the alternative wastewater system approvals for nonengineered system criteria pursuant to G.S. 130A‑336.2 shall be, at a minimum, as stringent as the rules for wastewater systems established by the Commission.
(r) Reports. The Department shall report to the
Environmental Review Commission and the Joint Legislative Oversight Committee
on Health and Human Services by January 1, 2020, and annually thereafter, on
the program established under this section. The Department shall specifically
include the efficiency and effectiveness of the program developed under this
section and whether the program aided in reducing the length of time in issuing
permits. The Department shall obtain activity reports from the local health
departments showing the wastewater systems developed under this section. The
annual report shall include any suggestions for the improvement of this
section, including adequate and appropriate insurance coverage, operator
reporting requirements, or fee allowance."
SECTION 5. G.S. 130A‑337 reads as rewritten:
"§ 130A‑337. Inspection; operation permit required.
(a) No system of wastewater
collection, treatment and disposal shall be covered or placed into use by any
person until an inspection by the local health department has determined that
the system has been installed or repaired in accordance with any conditions of
the improvement permit, Improvement Permit, the rules, and this
Article.
(a1) Notwithstanding subsection (a) of this section, an applicant may contract with an Authorized On‑Site Wastewater Evaluator certified pursuant to Article 5 of Chapter 90A of the General Statutes to conduct any required verifications or inspections. The evaluator shall provide the applicant with written verification that all conditions of the Improvement Permit and Construction Authorization have been met, including an as‑built drawing meeting the standards and scale of the local health department issuing the Construction Authorization as certified by the evaluator. The applicant may cover the system and place it into operation upon receipt of the evaluator's written verification and shall submit the verification to the local health department within two business days of receipt of the verification. 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 common law from any claim arising out of or attributed to the on‑site wastewater system installation.
(b) Upon determining that
the system is properly installed or repaired and that the system is capable of
being operated in accordance with the conditions of the improvement permit, Improvement
Permit, the rules, this Article and any conditions to be imposed in the
operation permit, as applicable, the local health department shall issue an operation
permit authorizing the residence, place of business or place of public assembly
to be occupied and for the system to be placed into use or reuse.
(c) Upon determination that
an existing wastewater system has a valid operation permit and is operating
properly in a manufactured home park, the local health department shall issue
authorization in writing for a manufactured home to be connected to the
existing system and to be occupied. Notwithstanding G.S. 130A‑336,
an improvement permit Improvement Permit is not required for the
connection of a manufactured home to an existing system with a valid operation
permit in a manufactured home park.
(d) No person shall occupy a residence, place of business or place of public assembly, or place a wastewater system into use or reuse for a residence, place of business or place of public assembly until an operation permit has been issued or authorization has been obtained pursuant to G.S. 130A‑337(c)."
SECTION 6.(a) G.S. 130A‑343 reads as rewritten:
"§ 130A‑343. Approval of on‑site subsurface wastewater systems.
(h) Accepted Wastewater Dispersal Systems. A manufacturer of an Innovative wastewater dispersal system or other approved trench dispersal system specifically identified in a rule adopted by the Commission that has been in general use in this State for a minimum of five years may petition the Commission to have the system designated as an Accepted wastewater system as provided in this subsection. The manufacturer shall provide the Commission with the data and findings of all prior evaluations of the performance of the system in this State and other states referenced in the petition, including disclosure of any conditions found to result in unacceptable structural integrity, treatment, or hydraulic performance. In addition, the manufacturer shall provide the Commission with information sufficient to enable the Commission to fully evaluate the performance of the system in this State for at least the five‑year period immediately preceding the petition. The Commission shall designate a wastewater dispersal system as an Accepted wastewater system only if it finds that there is clear, convincing, and cogent evidence based on actual field surveys and county activity reports (i) to confirm the findings made by the Department at the time the Department approved the system as a wastewater dispersal system and (ii) that the system performs in a manner that is equal or superior to a conventional or Accepted wastewater system under actual field conditions in this State. The Commission shall specify the circumstances in which use of the system is appropriate and any conditions and limitations related to the use of the system. If the Commission designates a wastewater dispersal system as an Accepted wastewater system pursuant to this section, the following shall apply:
(1) The approval shall be limited to the manufacturer who submitted the petition and received the Accepted status from the Commission.
(2) Neither the Commission, the Department, or any local health department shall condition, delay, or deny the substitution of any Accepted wastewater system based on location of nitrification lines when all parts of the dispersal field can be installed within the approved initial dispersal field area while complying with all Commission rules.
(i) Nonproprietary
Wastewater Systems. The Department may initiate a review of a nonproprietary
wastewater system and approve the system for use as a provisional wastewater
system or an innovative wastewater system without having received an
application from a manufacturer. The Department may recommend that the
Commission designate a nonproprietary wastewater system as an accepted
wastewater system without having received a petition from a manufacturer.
(j) Repealed by Session Laws 2015‑286, s. 4.15(a), effective October 22, 2015.
(j1) Clarification With Respect to Certain Dispersal Media. In considering the application by a manufacturer of a wastewater system utilizing expanded polystyrene synthetic aggregate particles as a septic effluent dispersal medium for approval of the system under this section, neither the Commission nor the Department may condition, delay, or deny the approval based on the particle or bulk density of the expanded polystyrene material. With respect to approvals already issued by the Department or Commission that include conditions or requirements related to the particle or bulk density of expanded polystyrene material, the Commission or Department, as applicable, shall promptly reissue all such approvals with the conditions and requirements relating to the density of expanded polystyrene material permanently deleted while leaving all other terms and conditions of the approval intact.
."
SECTION 6.(b) This section is effective when it becomes law and applies retroactively to any wastewater system approvals issued by the Commission for Public Health or the Department of Health and Human Services.
NC On‑site Wastewater Contractors and Inspectors Certification Board Changes
SECTION 7.(a) G.S. 90A‑73 reads as rewritten:
"§ 90A‑73. Creation and membership of the Board.
(a) Creation and Appointments. There is created the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board. The Board shall consist of nine members appointed to three‑year terms as follows:
(1) One member appointed by the Governor who, at the time of appointment, is engaged in the construction, installation, repair, or inspection of on‑site wastewater systems, to a term that expires on 1 July of years that precede by one year those years that are evenly divisible by three.
(2) One member appointed by the Governor who, at the time of appointment, is a certified water pollution control system operator pursuant to Article 3 of this Chapter, to a term that expires on 1 July of years evenly divisible by three.
(3) One member appointed by the Governor who is a registered professional engineer licensed under Chapter 89C of the General Statutes and whose work experience includes the design of on‑site wastewater systems to a term that expires on 1 July of years that follow by one year those years that are evenly divisible by three.
(4) One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate who, at the time of appointment, is engaged in the construction, installation, repair, or inspection of on‑site wastewater systems, to a term that expires on 1 July of years that follow by one year those years that are evenly divisible by three.
(5) One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate who, at the time of appointment, is engaged in the business of inspecting on‑site wastewater systems, to a term that expires on 1 July of years that precede by one year those years that are evenly divisible by three.
(6) One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate upon the recommendation of the North Carolina Home Builders Association, to a term that expires on 1 July of years evenly divisible by three.
(7) One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who, at the time of appointment, is engaged in the construction, installation, repair, or inspection of on‑site wastewater systems, to a term that expires on 1 July of years evenly divisible by three.
(8) One member appointed by
the General Assembly upon recommendation of the Speaker of the House of
Representatives who, at the time of appointment, is (i) employed as an a
registered environmental health specialist, and (ii) engaged primarily in
the inspection and permitting of on‑site wastewater systems, systems
pursuant to Article 5 of this Chapter, and the operation of on‑site
wastewater systems, to a term that expires on 1 July of years that follow
by one year those years that are evenly divisible by three.
(9) One member appointed by
the General Assembly upon recommendation of the Speaker of the House of
Representatives who, at the time of appointment, is a soil scientist
licensed under Chapter 89F of the General Statutes with experience in soil and
site evaluation for on‑site wastewater systems, an Authorized On‑Site Wastewater Evaluator
certified pursuant to Article 5 of this Chapter, to a term that expires on
1 July of years that precede by one year those years that are evenly divisible
by three.
(b) Vacancies. An appointment to fill a vacancy on the Commission created by the resignation, dismissal, disability, or death of a member shall be for the balance of the unexpired term. Vacancies in appointments made by the General Assembly shall be filled as provided in G.S. 120‑122.
(c), (d) Repealed by Session Laws 2010‑31, s. 13.2(h), effective July 1, 2010.
(e) Officers. The Board shall elect a Chair from among its members. The Chair shall serve from the time of election until 30 June of the following year, or until a successor is elected.
(f) Compensation. Board members who are State employees shall receive no per diem compensation for serving on the Board but shall be reimbursed for their expenses in accordance with G.S. 138‑6. All other Board members shall receive per diem compensation and reimbursement in accordance with the compensation rate established in G.S. 93B‑5.
(g) Quorum. A majority of the members of the Board constitutes a quorum for the transaction of business.
(h) Meetings. The Board shall meet at least twice each year and may hold special meetings at the call of the Chair or a majority of the members of the Board.
(i) Repealed by Session Laws 2010‑31, s. 13.2(h), effective July 1, 2010."
SECTION 7.(b) This section is effective when it becomes law and applies to terms beginning on or after that date.
SECTION 8. G.S. 90A‑74 reads as rewritten:
"§ 90A‑74. Powers and duties of the Board.
The Board shall have the following general powers and duties:
(1) To adopt rules in the
manner prescribed by Chapter 150B of the General Statutes to govern its actions
and to implement the provisions of this Article.Article, as well as
the provisions of G.S. 130A‑336.2.
(2) To determine the eligibility requirements for persons seeking certification pursuant to this Article.
(3) To establish grade levels of certifications based on design capacity, complexity, projected costs, and other features of approved on‑site wastewater systems.
(4) To develop and administer examinations for specific grade levels of certification as approved by the Board. The Board may approve applications by recognized associations for certification of its members after a review of the requirements of the association to ensure that they are equivalent to the requirements of the Board.
(5) To issue, renew, deny, restrict, suspend, or revoke certifications and to carry out any of the other actions authorized by this Article.
(6) To establish, publish, and enforce rules of professional conduct of persons who are certified pursuant to this Article.
(7) To maintain a record of all proceedings and make available to persons certified under this Article, and to other concerned parties, an annual report of all Board action.
(8) To establish reasonable fees for application, certification, and renewal, and other services provided by the Board.
(9) To conduct investigations to determine whether violations of this Article or grounds for disciplining persons certified under this Article exist.
(10) To adopt a common seal containing the name of the Board for use on all certificates and official reports issued by the Board.
(10a) To employ staff necessary to carry out the provisions of this Article and to determine the compensation, duties, and other terms and conditions of employment of its staff.
(10b) To employ professional, clerical, investigative, or special personnel necessary to carry out the provisions of this Article.
(10c) To acquire, hold, convey, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to the approval of the Governor and Council of State. The rents, proceeds, and other revenues and benefits of the ownership of real property shall inure to the Board. Collateral pledged by the Board for any encumbrance of real property shall be limited to the assets, income, and revenues of the Board.
(11) To conduct other services necessary to carry out the purposes of this Article."
Direct The Building Code COuncil to Create an On‑Site WasteWater Existing System AFFIDAVIT
SECTION 8.1.(a) G.S. 160D‑1110 is amended by adding a new subsection to read:
"(h1) No local government may withhold a building permit under this section where the project does not propose to increase the design daily flow or wastewater strength of the existing system, and the property owner submits an on‑site wastewater existing system inspection exemption affidavit. The property owner shall affirm that any modifications will meet local and State on‑site wastewater system setback requirements pursuant to G.S. 130A‑335."
SECTION 8.1.(b) The North Carolina Building Code Council, with assistance from the North Carolina Department of Insurance, shall create an on‑site wastewater existing system inspection exemption affidavit for distribution to all building inspection departments throughout the State. The on‑site wastewater existing system inspection exemption affidavit shall inform the property owner of their ability to consult with an authorized on‑site wastewater evaluator certified by the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board or an inspector, as defined in G.S. 90A‑71(5), to locate the on‑site wastewater existing system and verify system setback requirements prior to executing the affidavit at the option of the property owner. The property owner shall not be required to consult with an authorized on‑site wastewater evaluator or an inspector to submit an on‑site wastewater existing system inspection exemption affidavit to a local health department.
SECTION 8.1.(c) The Building Code Council shall create and distribute the affidavit required by subsection (b) of this section no later than October 1, 2023.
Wastewater electrical changes
SECTION 9. G.S. 87‑43.1 reads as rewritten:
"§ 87‑43.1. Exceptions.
The provisions of this Article shall not apply:
(11) To the installation, construction, maintenance, or repair of electrical wiring or devices, appliances, or equipment by a person who is an on‑site wastewater contractor certified pursuant to Article 5 of Chapter 90A of the General Statutes when the contractor is wiring the wastewater pump to the control panel for the wastewater system."
REPEAL OPTIONAL BUILDING INSPECTION FOR PRIVATE DRINKING WATER WELLS AND MODIFY PERMIT AUTHORIZATION
SECTION 9.5. G.S. 87‑97 reads as rewritten:
"§ 87‑97. Permitting, inspection, Permitting
and testing of private drinking water wells.
(a) Mandatory Local Well Programs. Each county, through the local health department that serves the county, shall implement a private drinking water well permitting, inspection, and testing program. The local health department shall be the exclusive authority for the permitting of wells and well systems as described in G.S. 143‑138(b17)(2). Local health departments shall administer the program and enforce the minimum well construction, permitting, inspection, repair, and testing requirements set out in this Article and rules adopted pursuant to this Article. No person shall unduly delay or refuse to permit a well that can be constructed or repaired and operated in compliance with the requirements set out in this Article and rules adopted pursuant to this Article.
(b1) Inspections. When a permit is issued under this
section, the local health department shall be responsible for notifying the
appropriate building inspector of the issuance of the well permit. The
appropriate building inspector may request from the local health department the
opportunity to inspect the activities authorized by the permit. The inspection
must be performed prior to the final inspection performed by the local health
department, and the well contractor shall not be required to be onsite for the
inspection by the building inspector. If an inspection by a building inspector
after the final inspection has been performed by the local health department is
determined to be necessary for the protection of public health, safety, or
welfare, the local building inspections department shall be responsible for (i)
the additional costs for the inspection and related activities necessary for
the inspection and (ii) any damages to the well system caused during the
inspection.
(b2) Permit to Include Authorization for Piping and Electrical. A permit issued under this section shall also be deemed to include authorization for all of the following:
(1) The installation, construction, maintenance, or repair of electrical wiring, devices, appliances, or equipment by a person certified as a well contractor under Article 7A of this Chapter when running electrical wires from the well pump to the pressure switch.
(2) The installation, construction, maintenance, or repair of water pipes by a person certified as a well contractor under Article 7A of this Chapter when running water pipes from the well to the water tank.
(3) The installation of both water pipes and electrical wiring in a single ditch by a person certified as a well contractor under Article 7A of this Chapter when running electrical wires from the well pump to the pressure switch or other pressure sensing device and water pipes from the well to the water tank. The ditch shall be as deep as the minimum cover requirements for either electrical wiring or water pipes, whichever is greater. The ditch shall be covered by a person certified as a well contractor under Article 7A of this Chapter upon the completion of the activities conducted pursuant to this subsection.
This subsection shall not be interpreted to prohibit any person licensed by an independent occupational licensing board from performing any authorized services within the scope of practice of the person's license.
."
PROHIBIT FORCED SEWER CONNECTIONS IN CERTAIN SITUATIONS
SECTION 10.(a) G.S. 160A‑317(a) reads as rewritten:
"§ 160A‑317. Power to require connections to water or sewer service and the use of solid waste collection services.
(a) Connections. A Except
as provided in subdivisions (1) and (2) of this subsection, a city may
require an owner of developed property on which there are situated one or more
residential dwelling units or commercial establishments located within the city
limits and within a reasonable distance of any water line or sewer collection
line owned, leased as lessee, or operated by the city or on behalf of the city
to connect the owner's premises with the water or sewer line or both, and may
fix charges for the connections. In lieu of requiring connection under this
subsection and in order to avoid hardship, the city may require payment of a
periodic availability charge, not to exceed the minimum periodic service charge
for properties that are connected. The following provisions apply to a city's
authority to require connection of an owner's premises to a water or sewer
line:
(1) A property owner shall be exempt from mandatory connection to a city's sewer if:
a. The city has inadequate capacity to transport and treat the proposed new wastewater from the premises at the time of connection.
b. The costs of connection, including the costs of underground piping and connections to the dwelling or building, exceed the costs of installing an on‑site wastewater system authorized pursuant to Article 11 of Chapter 130A of the General Statutes. Determination of the comparative costs of connection shall be assessed by (i) a licensed soil scientist, as defined in G.S. 89F‑3, (ii) an on‑site wastewater contractor certified under Article 5 of Chapter 90A of the General Statutes, or (iii) a plumbing contractor licensed under Article 2 of Chapter 87 of the General Statutes. If a property owner elects to install an on‑site wastewater system in lieu of connection to the city's sewer system pursuant to this subdivision, (i) the on‑site wastewater system shall comply with all applicable requirements of Article 11 of Chapter 130A of the General Statutes, and rules adopted thereunder, and (ii) the owner shall have sole responsibility for the system and its use and performance.
(2) A property owner shall be exempt from a mandatory connection to a city's water supply if adequate water pressure cannot be achieved using the same piping size as the meter provides to the owner's premises. A city is prohibited from requiring a property owner to install a larger meter and corresponding larger piping connection, or imposing an increased fee, to achieve adequate water pressure. For purposes of this subdivision, the term "adequate water pressure" shall mean the average water pressure delivered to all connected customers within a one‑quarter mile radius in either direction of the owner's point of connection. In order to establish the adequacy or inadequacy of water pressure for purposes of this subdivision, a property owner shall submit to the city a determination of same prepared by a professional engineer, licensed in accordance with the provisions of Chapter 89C of the General Statutes. In the event water pressure is determined to be inadequate, a property owner may elect, in lieu of connection to the city's water supply, to install a private drinking water well, as that term is defined under G.S. 87‑85, which well shall be approved by the city if the well meets the requirements of Chapter 87 of the General Statutes and rules adopted thereunder. A city, however, shall have no liability for the quality or quantity of water, or water pressure, from a private drinking water well installed pursuant to this subdivision."
SECTION 10.(b) G.S. 153A‑284 reads as rewritten:
"§ 153A‑284. Power to require connections.
(a) A county may require the owner of developed property on which there are situated one or more residential dwelling units or commercial establishments located so as to be served by a water line or sewer collection line owned, leased as lessee, or operated by the county or on behalf of the county to connect the owner's premises with the water or sewer line and may fix charges for these connections. A county may only require connection of an owner's premises to a sewer line, however, if the county has adequate capacity to transport and treat the proposed new wastewater from the premises at the time of connection.
."
ESTABLISH A REGISTERED ENVIRONMENTAL HEALTH ASSOCIATE CERTIFICATION
SECTION 10.1.(a) Subdivisions (2a) and (2b) of G.S. 90A‑51 are recodified as subdivisions (2b) and (2c) of G.S. 90A‑51.
SECTION 10.1.(b) Article 4 of Chapter 90A of the General Statutes, as amended by subsection (a) of this section, reads as rewritten:
"Article 4.
"Registrations of Environmental Health Specialists.
"§ 90A‑51. Definitions.
The words and phrases defined below shall when used in this Article have the following meaning unless the context clearly indicates otherwise:
(1) "Board"
means the Board. The Board of Environmental Health Specialist
Examiners.
(2) "Certificate of
registration" means a Certificate of registration. A document
issued by the Board as evidence of registration and qualification to practice
as a registered environmental health specialist or a registered environmental
health specialist intern under this Article. The certificate shall bear the
designation "Registered Environmental Health Specialist" or
"Registered Environmental Health Specialist Intern" and show the name
of the person, date of issue, serial number, seal, and signatures of the
members of the Board.
(2a) Environmental health associate. A public health professional who meets the educational requirements under this Article, has attained specialized training, and reports directly to a registered environmental health specialist.
(2b) "Environmental
health practice" means the Environmental health practice. The provision
of environmental health services, including administration, organization,
management, education, enforcement, and consultation regarding environmental
health services provided to or for the public. These services are offered to
prevent environmental hazards and promote and protect the health of the public
in the following areas: food, lodging, and institutional sanitation; on‑site
wastewater treatment and disposal; public swimming pool sanitation; childhood
lead poisoning prevention; well permitting and inspection; tattoo parlor
sanitation; and all other areas of environmental health requiring the
delegation of authority by the Division of Public Health of the Department of
Health and Human Services to State and local environmental health professionals
to enforce rules adopted by the Commission for Public Health. The definition
also includes local environmental health professionals enforcing rules of local
boards of health for on‑site wastewater systems and wells.
(2c) "Environmental
health specialist" means a Environmental health specialist. A public
health professional who meets the educational requirements under this Article
and has attained specialized training and acceptable environmental health field
experience effectively to plan, organize, manage, provide, execute, and
evaluate one or more of the many diverse elements comprising the field of
environmental health practice.
(2d) Registered environmental health associate. An environmental health associate registered in accordance with the provisions of this Article.
(3) Repealed by Session Laws 2009‑443, s. 2, effective August 7, 2009.
(4) "Registered
environmental health specialist" means an Registered environmental
health specialist. An environmental health specialist registered in
accordance with the provisions of this Article.
For purposes of this Article the following are not included within the definition of "registered environmental health specialist" unless the person is working as an environmental health specialist:
a. A person teaching, lecturing, or engaging in research.
b. A person who is a sanitary engineer, public health engineer, public health engineering assistant, registered professional engineer, industrial hygienist, health physicist, chemist, epidemiologist, toxicologist, geologist, hydrogeologist, waste management specialist, or soil scientist.
c. A public health officer or public health department director.
d. A person who holds a North Carolina license to practice medicine, veterinary medicine, or nursing.
e. Laboratory personnel when performing or supervising the performance of sanitation related laboratory functions.
(5) "Registered
environmental health specialist intern" means a Registered
environmental health specialist intern. A person who possesses the
necessary educational qualifications as prescribed in G.S. 90A‑53,
but who has not completed the experience and specialized training requirements
in the field of public health sanitation as required for registration.
"§ 90A‑52. Practice without certificate unlawful.
(a) In order to safeguard life, health and the environment, it shall be unlawful for any person to practice as an environmental health specialist or an environmental health specialist intern in the State of North Carolina or use the title "registered environmental health specialist" or "registered environmental health specialist intern" unless the person shall have obtained a certificate of registration from the Board. No person shall offer services as a registered environmental health specialist or registered environmental health specialist intern or use, assume or advertise in any way any title or description tending to convey the impression that the person is a registered environmental health specialist or registered environmental health specialist intern unless the person is the holder of a current certificate of registration issued by the Board.
(b) Notwithstanding the
provisions of The following limited exceptions apply to the practice prohibitions
in subsection (a) of this section, a section:
(1) A person may practice as an environmental
health specialist intern for a period not to exceed three two years
from the date of the initial registration, provided the person has obtained a
temporary certificate of registration from the Board.
(2) A registered environmental health associate, directly reporting to a registered environmental health specialist, may perform all of the following duties in accordance with the rules adopted by the Commission for Public Health:
a. Permitting and inspections of private water wells.
b. Inspections of Category I food establishments, temporary food establishments, and limited food service establishments.
c. Inspections of lodging establishments.
d. Permitting and inspections of any Type II or Type III on‑site wastewater systems, including system layouts and existing wastewater systems.
e. Inspections of migrant housing.
f. Inspections of private, public, and religious schools.
g. Inspections of local confinement facilities.
h. Inspections of residential care facilities.
"§ 90A‑53. Qualifications and examination for registration as an environmental health specialist or environmental health specialist intern.
(a) The Board shall issue a
certificate to a qualified person as a registered environmental health
specialist or a registered environmental health specialist intern. A
certificate as a registered environmental health specialist or a registered
environmental health specialist intern shall be issued to any person upon the
Board's determination that the person:person meets the following
criteria:
(1) Has made application to the Board on a form prescribed by the Board and paid a fee not to exceed one hundred dollars ($100.00);
(2) Is of good moral and ethical character and has signed an agreement to adhere to the Code of Ethics adopted by the Board;
(3) Meets any of the
following combinations of education and practice experience standards:
a. Graduated from a
baccalaureate or with a bachelor's degree or a postgraduate degree from
a program that is accredited by the National Environmental Health Science
and Protection Accreditation Council (EHAC) and has one or more years of
experience in the field of environmental health practice; or(EHAC).
b. Graduated from a
baccalaureate or postgraduate degree program that is accredited by an
accrediting organization recognized by the United States Department of
Education, Council for Higher Education Accreditation (CHEA) and meets both of
the following:with a bachelor's degree or a postgraduate degree in
public health and has one or more years of experience in the field of
environmental health practice.
1. Earned a minimum of 30 semester hours or its
equivalent in the physical or biological sciences; and
2. Has two or more years of experience in the
field of environmental health practice.
c. Graduated from a
baccalaureate program rated as acceptable by the Board and meets both of the
following:
1. Earned with a bachelor's degree or
postgraduate degree, has earned a minimum of 30 semester hours or its
equivalent or 45 quarter hours in the physical or biological sciences;
and
2. Has two physical, biological, natural,
life, or health sciences and has one or more years of experience in the
field of environmental health practice.
d. Has worked five or more continuous years as a registered environmental health associate.
(4) Has satisfactorily
completed a course in specialized instruction and training approved by the
Board in the practice of environmental health;health.
(5) Repealed by Session Laws 2009‑443, s. 4, effective August 7, 2009.
(6) Has passed an examination
administered by the Board designed to test for competence in the subject
matters of environmental health sanitation. The examination shall be in a form
prescribed by the Board and may be oral, written, or both. The examination for
applicants shall be held annually or more frequently as the Board may by rule
prescribe, at a time and place to be determined by the Board. A person shall
not be registered if such person fails to meet the minimum grade requirements
for examination specified by the Board. Failure to pass an examination shall
not prohibit such person from being examined at subsequent times and places as
specified by the Board; andBoard.
(7) Has paid a fee set by the Board not to exceed the cost of purchasing the examination and an administrative fee not to exceed one hundred fifty dollars ($150.00).
(b) The Board may issue a
certificate to a person serving as a registered environmental health specialist
intern without the person meeting the full requirements for experience of a
registered environmental health specialist for a period not to exceed three two
years from the date of initial registration as a registered environmental
health specialist intern, provided, the person meets the educational
requirements in G.S. 90A‑53 and is in the field of environmental
health practice.
"§ 90A‑53.1. Qualifications for registration as an environmental health associate.
The Board shall issue a certificate to a qualified person as a registered environmental health associate upon the Board's determination that the person satisfies all of the following criteria:
(1) Has made application to the Board on a form prescribed by the Board and paid a fee not to exceed one hundred dollars ($100.00).
(2) Is of good moral and ethical character and has signed an agreement to adhere to the Code of Ethics adopted by the Board.
(3) Possesses one or more of the following educational qualifications:
a. Graduated with an associate, bachelor's, or postgraduate degree from a program that is accredited by the National Environmental Health Science and Protection Accreditation Council (EHAC) and satisfactorily completed general and specialized instruction and training in environmental health approved by the Department.
b. Graduated with an associate, bachelor's, or postgraduate degree and earned a minimum of 15 semester hours in the physical, biological, natural, life, or health sciences and satisfactorily completed general and specialized instruction and training in environmental health approved by the Department.
"§ 90A‑53.2. Revocation or suspension of a registered environmental health associate.
The authorization of a registered environmental health associate by the Department under the authority provided in G.S. 130A‑4(b) may be suspended or revoked as set forth in rules adopted by the Department.
"§ 90A‑63. Renewal of certificates.
(a) A certificate as a registered environmental health
specialist or specialist, registered environmental health
specialist intern intern, or registered environmental health associate
issued pursuant to the provisions of this Article will expire on the thirty‑first
day of December of the current year and must be renewed annually on or before
the first day of January. Each application for renewal must be accompanied by a
renewal fee to be determined by the Board, but not to exceed one hundred twenty‑five
dollars ($125.00). However, for renewals postmarked before January 1 of each
year, the renewal fee shall not exceed one hundred dollars ($100.00).
(b) Registrations expired for failure to pay renewal fees may be reinstated under the rules and regulations adopted by the Board.
(c) A registered environmental health specialist specialist,
registered environmental health intern, or registered environmental health
associate shall complete any continuing education requirements specified by
the Board for renewal of a certificate.
"§ 90A‑65.
Representing oneself as a registered environmental health specialist or specialist,
registered environmental health specialist intern.intern, or
registered environmental health associate.
A holder of a current certificate of registration may append
to his or her name the letters, "R.E.H.S." or
"R.E.H.S.I.""R.E.H.S.," "R.E.H.S.I.," or
"R.E.H.A."
."
SECTION 10.1.(c) The Board of Environmental Health Specialist Examiners shall amend its rules consistent with this act.
SECTION 10.1.(d) Subsections (a) and (b) of this section become effective May 1, 2024. The remainder of this section is effective when it becomes law.
WASTEWATER APPROVAL AUTHORITY TECHNICAL CORRECTION
SECTION 10.2. If Senate Bill 582, 2023 Regular Session, becomes law, then G.S. 130A-343(h), as amended by Section 17(a) of that act and as amended by Section 6(a) of this act, reads as rewritten:
"(h) Accepted Wastewater
Dispersal Systems. A manufacturer of an Innovative wastewater dispersal
system or other approved trench dispersal system specifically identified in a
rule adopted by the Commission that has been in general use in this State for a
minimum of five years may petition the Commission to have the system designated
as an Accepted wastewater system as provided in this subsection. The
manufacturer shall provide the Commission with the data and findings of all
prior evaluations of the performance of the system in this State and other
states referenced in the petition, including disclosure of any conditions found
to result in unacceptable structural integrity, treatment, or hydraulic
performance. In addition, the manufacturer shall provide the Commission with
information sufficient to enable the Commission to fully evaluate the
performance of the system in this State for at least the five‑year period
immediately preceding the petition. The Commission shall designate a wastewater
dispersal system as an Accepted wastewater system only if it finds that there
is clear, convincing, and cogent evidence based on actual field surveys and
county activity reports (i) to confirm the findings made by the Department at
the time the Department approved the system as a wastewater dispersal system
and (ii) that the system performs in a manner that is equal or superior to a
conventional or Accepted wastewater system under actual field conditions in
this State. The Commission shall specify the circumstances in which use of the
system is appropriate and any conditions and limitations related to the use of
the system. If the Department Commission designates a wastewater
dispersal system as an Accepted wastewater system pursuant to this section, the
following shall apply:
(1) The approval shall be limited to the manufacturer who submitted the petition and received the Accepted status from the Commission.
(2) Neither the Commission, the Department, or any local health department shall condition, delay, or deny the substitution of any Accepted wastewater system based on location of nitrification lines when all parts of the dispersal field can be installed within the approved initial dispersal field area while complying with all Commission rules."
SEVERABILITY CLAUSE
SECTION 11. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional or invalid.
Effective Date
SECTION 12. Fees assessed pursuant to G.S. 130A-335(a6), as amended by Section 1 of this act, fees assessed pursuant to G.S. 130A‑336.1(n), as amended by Section 3 of this act, and fees assessed pursuant to G.S. 130A‑336.2(n), as amended by Section 4 of this act, shall become effective September 1, 2023. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29th day of June, 2023.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 12:27 p.m. this 10th day of July, 2023