H.B. 628
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 17, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10271-BRf-8
Short Title: Amend On-Site Wastewater/Environment Statutes. (Public)
Sponsors: Representative Brody.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO AMEND THE STATUTES GOVERNING ON-SITE WASTEWATER
3 SYSTEMS, TO MAKE CERTAIN NC ON-SITE WASTEWATER CONTRACTORS AND
4 INSPECTORS CERTIFICATION BOARD CHANGES, TO CREATE AN ADVISORY
5 WASTEWATER CODE COUNCIL, TO MAKE CERTAIN WASTEWATER PLUMBING
6 AND ELECTRICAL CHANGES, TO CLARIFY FEE CALCULATION FOR EROSION
7 AND SEDIMENTATION CONTROL PLAN REVIEWS, TO DIRECT DEQ TO SEEK
8 APPROVAL FROM USEPA TO STREAMLINE IMPLEMENTATION OF
9 REQUIREMENTS OF THE SEDIMENTATION POLLUTION CONTROL ACT AND
10 FEDERAL REQUIREMENTS FOR STORMWATER DISCHARGES FROM
11 CONSTRUCTION ACTIVITIES, TO PROHIBIT FORCED SEWER CONNECTIONS IN
12 CERTAIN SITUATIONS, TO PROHIBIT LOCAL GOVERNMENTS FROM
13 REQUIRING PAYMENTS FROM OWNERS OF STORMWATER CONTROL SYSTEMS
14 FOR FUTURE MAINTENANCE OR REPLACEMENT COSTS OF A SYSTEM, AND TO
15 DIRECT THE BUILDING CODE COUNCIL TO CREATE AN ON-SITE WASTEWATER
16 EXISTING SYSTEM AFFIDAVIT.
17 The General Assembly of North Carolina enacts:
18
19 ON-SITE WASTEWATER CHANGES
20 SECTION 1. G.S. 130A-335 reads as rewritten:
21 "§ 130A-335. Wastewater collection, treatment and disposal; rules.
22 (a) A person owning or controlling a residence, place of business or a place of public
23 assembly shall provide an approved wastewater system. Except as may be allowed under another
24 provision of law, all wastewater from water-using fixtures and appliances connected to a water
25 supply source shall discharge to the approved wastewater system. A wastewater system may
26 include components for collection, treatment and disposal of wastewater.
27 (a1) Any proposed site for a residence, place of business, or a place of public assembly
28 located in an area that is not served by an approved wastewater system for which a new
29 wastewater system is proposed or repair is necessary for compliance may be evaluated for soil
30 conditions and site features by a person licensed pursuant to Chapter 89F of the General Statutes
31 as a licensed soil scientist. For purposes of this subsection, "site features" include topography
32 and landscape position; soil characteristics (morphology); soil wetness; soil depth; restrictive
33 horizons; available space; and other applicable factors that involve accepted public health
34 principles. A person licensed pursuant to Chapter 89E of the General Statutes as a licensed
35 geologist may evaluate the proposed site or repair area, as applicable, for geologic and
36 hydrogeologic conditions.
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1 (a2) Evaluations conducted by a licensed soil scientist or a licensed geologist pursuant to
2 subsection (a1) of this section shall be used in developing design and construction features for a
3 new proposed wastewater system or a proposed repair project for an existing wastewater system,
4 including the addressing of any special hydrologic conditions that may be required under the
5 applicable rules for an improvement permit Improvement Permit or a construction authorization,
6 Construction Authorization, shall be approved by the applicable permitting authorities under
7 G.S. 130A-336 provided both of the following conditions are met:
8 (1) The evaluation of soil conditions, site features, or geologic and hydrogeologic
9 conditions satisfies all requirements of this Article. The evaluation shall not
10 cover areas outside the scope of the applicable license.
11 (2) The licensed soil scientist or licensed geologist conducting the evaluation
12 maintains an errors and omissions liability insurance policy issued by an
13 insurer licensed under Chapter 58 of the General Statutes in an amount
14 commensurate with the risk.
15 (a3) When an applicant for an improvement permit Improvement Permit submits to a local
16 health department an application Improvement Permit application, the permit fee charged by the
17 local health department, the common form developed by the Department, and a soil evaluation
18 pursuant to subsection (a2) of this section, the local health department shall, within 10 five
19 business days of receiving the application, take one of the following actions:application, conduct
20 a completeness review of the submittal. A determination of completeness means that the
21 Improvement Permit includes all of the required components. If the local health department
22 determines that the Improvement Permit is incomplete, the local health department shall notify
23 the applicant of the components needed to complete the Improvement Permit. The applicant may
24 submit additional information to the local health department to cure the deficiencies in the
25 Improvement Permit. The local health department shall make a final determination as to whether
26 the Improvement Permit is complete within five business days after the local health department
27 receives the additional information from the applicant. If the local health department fails to act
28 within any period set out in this subsection, the applicant may treat the failure to act as a
29 determination of completeness. The Department shall develop a common form for use as the
30 Improvement Permit.
31 (1) Issue the improvement permit.
32 (2) Deny the permit application and provide a signed, written report to the
33 applicant citing the applicable rule(s) for permit denial.
34 (3) Notify the applicant that additional information is needed if the application is
35 incomplete.
36 (a4) If a local health department fails to act on an application for an improvement permit
37 submitted pursuant to subsection (a3) of this section within 10 business days of receipt of a
38 complete application, the local health department shall issue the improvement permit.The
39 licensed soil scientist or licensed geologist submitting the evaluation pursuant to subsection (a2)
40 of this section shall have the right to request that the local health department revoke or suspend
41 the Improvement Permit for cause. Upon written request by the licensed soil scientist or licensed
42 geologist, the local health department shall suspend or revoke the Improvement Permit pursuant
43 to G.S. 130A-23.
44 (a5) When an applicant for a construction authorization Construction Authorization, or an
45 Improvement Permit and Construction Authorization together, submits an application along with
46 a Construction Authorization, or an Improvement Permit and Construction Authorization
47 application together, the permit fee charged by the local health department, the common form
48 developed by the Department, and any necessary signed and sealed plans or evaluations, as
49 required by the local health department, evaluations conducted by a person licensed pursuant to
50 Chapter 89C of the General Statutes as a licensed engineer or a person certified pursuant to
51 Article 5 of Chapter 90A of the General Statutes as an Authorized On-Site Wastewater Evaluator,
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1 the local health department shall, within 10 five business days of receiving the application, take
2 one of the following actions:conduct a completeness review of the submittal. A determination of
3 completeness means that the Construction Authorization or Improvement Permit and
4 Construction Authorization includes all of the required components. If the local health
5 department determines that the Construction Authorization or Improvement Permit and
6 Construction Authorization is incomplete, the local health department shall notify the applicant
7 of the components needed to complete the Construction Authorization or Improvement Permit
8 and Construction Authorization. The applicant may submit additional information to the local
9 health department to cure the deficiencies in the Construction Authorization or Improvement
10 Permit and Construction Authorization. The local health department shall make a final
11 determination as to whether the Construction Authorization or Improvement Permit and
12 Construction Authorization is complete within five business days after the local health
13 department receives the additional information from the applicant. If the local health department
14 fails to act within any period set out in this subsection, the applicant may treat the failure to act
15 as a determination of completeness. The applicant may apply for the building permit for the
16 project upon the decision of completeness of the Construction Authorization or Improvement
17 Permit and Construction Authorization by the local health department or if the local health
18 department fails to act within five business days. The Authorized On-Site Wastewater Evaluator
19 or licensed engineer submitting the evaluation pursuant to subsection (a5) of this section may
20 request that the local health department revoke or suspend the Construction Authorization or
21 Improvement Permit and Construction Authorization for cause. Upon written request of the
22 Authorized On-Site Wastewater Evaluator or licensed engineer, the local health department shall
23 suspend or revoke the Construction Authorization or Improvement Permit and Construction
24 Authorization pursuant to G.S. 130A-23. The Department shall develop a common form for use
25 as the Construction Authorization.
26 (1) Approve the permit application.
27 (2) Deny the permit application and provide a signed, written report to the
28 applicant citing the applicable rule(s) for permit denial.
29 (3) Notify the applicant that additional information is needed if the application is
30 incomplete.
31 (a6) If a local health department fails to act on an application for a construction
32 authorization submitted pursuant to subsection (a5) of this section within 10 business days of
33 receipt of a complete application, the local health department shall issue the construction
34 authorization.The local health department may assess a fee for the Construction Authorization or
35 the Improvement Permit/Construction Authorization combination permit of up to forty percent
36 (40%) of the fee established for similar systems permitted by the local health department.
37 (a7) The wastewater system contractor shall notify the local health department, or
38 professional engineer or Authorized On-Site Wastewater Evaluator, as applicable, prior to the
39 start of construction of the proposed wastewater system by telephone or other electronic means.
40 The local health department, professional engineer, or Authorized On-Site Wastewater Evaluator
41 conducting the evaluation pursuant to subsection (a5) of this section shall retain the ability to
42 delay construction until determination of site conditions. The applicant or the wastewater system
43 contractor certified under rules established by the North Carolina On-Site Wastewater
44 Contractors and Inspectors Certification Board shall notify the local health department of
45 completion of the wastewater system for the inspection and issuance of the operation permit
46 pursuant to G.S. 130A-337 after determination of compliance with the construction
47 authorization.
48 (a8) The Department, the Department's authorized agents, and the local health departments
49 shall be discharged and released from any liabilities, duties, and responsibilities imposed by
50 statute or in common law from any claim arising out of or attributed to evaluations, submittals,
51 or actions from a licensed soil scientist or licensed geologist pursuant to subsection (a2) of this
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1 section. The Department, the Department's authorized agents, and the local health departments
2 shall be discharged and released from any liabilities, duties, and responsibilities imposed by
3 statute or in common law from any claim arising out of or attributed to plans, evaluations,
4 preconstruction conference findings, submittals, or actions from a person licensed pursuant to
5 Chapter 89C of the General Statutes as a licensed engineer or a person certified pursuant to
6 Article 5 of Chapter 90A of the General Statutes as an Authorized On-Site Wastewater Evaluator
7 in subsections (a2), (a5), and (a7) of this section. The Department, the Department's authorized
8 agents, and the local health departments shall be responsible and bear liability for their actions
9 and evaluations and other obligations under State law or rule, including the issuance of the
10 operations permit pursuant to G.S. 130A-337.
11 (a9) Proposed wastewater systems submitted to the local health department pursuant to
12 this section shall not be required to meet the requirements of 15A NCAC 18A .1938(e) or 15A
13 NCAC 18A .1938(f). Any proposals sent to the Department for review shall not be required to
14 meet the time constraints set forth in this section.
15 (b) All wastewater systems shall either (i) be regulated by the Department under rules
16 adopted by the Commission or Commission, (ii) conform with the engineered option permit
17 criteria set forth in G.S. 130A-336.1 and under rules adopted by the Commission Commission,
18 or (iii) conform with the Authorized On-Site Wastewater Evaluator permit criteria pursuant to
19 G.S. 130A-336.2 and rules adopted by the North Carolina On-Site Wastewater Contractors and
20 Inspectors Certification Board except for the following wastewater systems that shall be
21 regulated by the Department of Environmental Quality under rules adopted by the Environmental
22 Management Commission:
23 (1) Wastewater collection, treatment, and disposal systems designed to discharge
24 effluent to the land surface or surface waters.
25 (2) Wastewater systems designed for groundwater remediation, groundwater
26 injection, or landfill leachate collection and disposal.
27 (3) Wastewater systems designed for the complete recycle or reuse of industrial
28 process wastewater.
29 (4) Gray water systems as defined in G.S. 143-350.
30 …
31 (d1) The Department or owner of a wastewater system may file a written complaint with
32 the North Carolina Board of Examiners for Engineers and Surveyors in accordance with rules
33 and procedures adopted by the Board pursuant to Chapter 89C of the General Statutes citing
34 failure of a professional engineer to adhere to the rules adopted by the Commission pursuant to
35 this Article. The Department or owner of a wastewater system may file a written complaint with
36 the North Carolina Board of Licensed Soil Scientists in accordance with rules and procedures
37 adopted by the Board pursuant to Chapter 89F of the General Statutes citing failure of a licensed
38 soil scientist to adhere to the rules adopted by the Commission pursuant to this Article. The
39 Department or owner of a wastewater system may file a written complaint with the North
40 Carolina Board for Licensing of Geologists in accordance with rules and procedures adopted by
41 the Board pursuant to Chapter 89E of the General Statutes citing failure of a licensed geologist
42 to adhere to the rules adopted by the Commission pursuant to this Article. The Department or
43 owner of a wastewater system may file a written complaint with the North Carolina On-Site
44 Wastewater Contractors and Inspectors Certification Board in accordance with rules and
45 procedures adopted by the Board pursuant to Article 5 of Chapter 90A of the General Statutes
46 citing failure of a contractor to adhere to the rules adopted by the Commission pursuant to this
47 Article.Article or for failure of an Authorized On-Site Wastewater Evaluator to adhere to rules
48 adopted by the Commission or the Board pursuant to this Article.
49 …
50 (f) The rules of the Commission and the rules of the local board of health shall classify
51 systems of wastewater collection, treatment and disposal according to size, type of treatment and
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1 any other appropriate factors. The rules shall provide construction requirements, including
2 pretreatment and system control requirements, standards for operation, maintenance, monitoring,
3 reporting, and ownership requirements for each classification of systems of wastewater
4 collection, treatment and disposal in order to prevent, as far as reasonably possible, any
5 contamination of the land, groundwater and surface waters. The Department and local health
6 departments may impose conditions on the issuance of permits and may revoke the permits for
7 failure of the system to satisfy the conditions, the