Bill Summary – FastDemocracy

H.B. 627
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Apr 17, 2023
                                      SESSION 2023                                    HOUSE PRINCIPAL CLERK
     H                                                                                               D
                                    HOUSE BILL DRH40287-BR-10
     Short Title:   On-Site Wastewater Rules Implementation.                                   (Public)
     Sponsors:      Representative Brody.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO DIRECT THE COMMISSION FOR PUBLIC HEALTH TO IMPLEMENT ITS
     ON-SITE WASTEWATER RULES DIFFERENTLY AND READOPT ITS RULES
     CONSISTENT WITH THAT IMPLEMENTATION.
 The General Assembly of North Carolina enacts:
             SECTION 1.(a) Definitions. – For purposes of this section and its implementation,
 "Applicability Rule" means 15A NCAC 18E .0102 (Applicability).
             SECTION 1.(b) Applicability Rule. – Until the effective date of the revised
 permanent rule that the Commission for Public Health is required to adopt pursuant to subsection
 (d) of this section, the Commission shall implement the Applicability Rule as provided in
 subsection (c) of this section.
             SECTION 1.(c) Implementation. – The rules of 15A NCAC 18E shall not apply to
 any wastewater system for which an Improvement Permit, Construction Authorization,
 Operation Permit, Notice of Intent to Construct, Authorization to Operate, Certificate of
 Completion, or an equivalent approval has been issued prior to January 1, 2024, unless the design
 daily flow or wastewater strength is increased. Wastewater strength shall not be deemed
 increased unless the facility is a commercial facility or becomes a commercial facility and the
 wastewater strength is determined to meet the definition of high-strength effluent in accordance
 with 15A NCAC 18E .0402. Wastewater systems permitted prior to January 1, 2024, shall
 comply with the setback requirements in place at the time the Improvement Permit, Construction
 Authorization, Operation Permit, Notice of Intent to Construct, Authorization to Operate,
 Certificate of Completion, or equivalent was issued. Notwithstanding any other provision of law,
 all wastewater systems installed prior to July 1, 1977, and existing wastewater systems with
 permits that cannot be found, shall not be considered to meet the conditions of Rule 18E
 .0302(c)(5) or (c)(6) of Subchapter E of Chapter 18 of Title 15A of the North Carolina
 Administrative Code. All wastewater systems shall comply with Rule .1303(a)(1) of Subchapter
 E of Chapter 18 of Title 15A of the North Carolina Administrative Code.
             SECTION 1.(d) Additional Rulemaking Authority. – The Commission shall adopt
 a rule to amend the Applicability Rule consistent with subsection (c) of this section.
 Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section
 shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted
 pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General
 Statutes. Rules adopted pursuant to this section shall become effective as provided in
 G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in
 G.S. 150B-21.3(b2).
                                    *DRH40287-BR-10*
     General Assembly Of North Carolina                                                   Session 2023
             SECTION 1.(e) Sunset. – This section expires when permanent rules adopted as
 required by subsection (d) of this section become effective.
             SECTION 2.(a) Definitions. – For purposes of this section and its implementation,
 "Definitions Rule" means 15A NCAC 18E .0105 (Definitions).
             SECTION 2.(b) Definitions Rule. – Until the effective date of the revised permanent
 rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this
 section, the Commission shall implement the Definitions Rule as provided in subsection (c) of
 this section.
             SECTION 2.(c) Implementation. – "Accessory dwelling unit" means a secondary
 dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit,
 whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on
 the same lot. The design daily flow for an accessory dwelling unit shall be based on 120 gallons
 per day per bedroom, or 60 gallons per day per person when occupancy exceeds two persons per
 bedroom. "Applicant" means the individual who submits an application to the local health
 department for an Improvement Permit, Construction Authorization, Operating Permit, Notice
 of Intent to Construct, Authorization to Operate, or existing system authorization. "Serial
 distribution" means a distribution method in which effluent is loaded into one trench and fills it
 to a predetermined level before passing through a pipe to the succeeding trench at the same or a
 lower elevation.
             SECTION 2.(d) Additional Rulemaking Authority. – The Commission shall adopt
 a rule to amend the Definitions Rule consistent with subsection (c) of this section.
 Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section
 shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted
 pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General
 Statutes. Rules adopted pursuant to this section shall become effective as provided in
 G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in
 G.S. 150B-21.3(b2).
             SECTION 2.(e) Sunset. – This section expires when permanent rules adopted as
 required by subsection (d) of this section become effective.
             SECTION 3.(a) Definitions. – For purposes of this section and its implementation,
 "Application Rule" means 15A NCAC 18E .0202 (Application).
             SECTION 3.(b) Application Rule. – Until the effective date of the revised permanent
 rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this
 section, the Commission shall implement the Application Rule as provided in subsection (c) of
 this section.
             SECTION 3.(c) Implementation. – An application for an Improvement Permit and
 Construction Authorization shall be submitted by the applicant to the local health department
 prior to construction, location, or relocation of a residence, place of business, place of public
 assembly, or wastewater system or when an increase in the design daily flow or wastewater
 strength is proposed for an existing wastewater system. An application for an existing system
 authorization shall be submitted to the local health department prior to site modifications that
 require the issuance of a building permit.
             SECTION 3.(d) Additional Rulemaking Authority. – The Commission shall adopt
 a rule to amend the Application Rule consistent with subsection (c) of this section.
 Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section
 shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted
 pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General
 Statutes. Rules adopted pursuant to this section shall become effective as provided in
 G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in
 G.S. 150B-21.3(b2).
     Page 2                                                                         DRH40287-BR-10
     General Assembly Of North Carolina                                                      Session 2023
              SECTION 3.(e) Sunset. – This section expires when permanent rules adopted as
 required by subsection (d) of this section become effective.
              SECTION 4.(a) Definitions. – For purposes of this section and its implementation,
 "Improvement Permit Rule" means 15A NCAC 18E .0203 (Improvement Permit).
              SECTION 4.(b) Improvement Permit Rule. – Until the effective date of the revised
 permanent rule that the Commission for Public Health is required to adopt pursuant to subsection
 (d) of this section, the Commission shall implement the Improvement Permit Rule as provided
 in subsection (c) of this section.
              SECTION 4.(c) Implementation. – When an authorized agent issues an improvement
 permit for a site, the permit information shall include the usable depth to a limiting condition for
 a long-term acceptance rate for initial and repair systems and percent slope.
              SECTION 4.(d) Additional Rulemaking Authority. – The Commission shall adopt
 a rule to amend the Improvement Permit Rule consistent with subsection (c) of this section.
 Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section
 shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted
 pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General
 Statutes. Rules adopted pursuant to this section shall become effective as provided in
 G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in
 G.S. 150B-21.3(b2).
              SECTION 4.(e) Sunset. – This section expires when permanent rules adopted as
 required by subsection (d) of this section become effective.
              SECTION 5.(a) Definitions. – For purposes of this section and its implementation,
 "Existing System Approvals for Reconnections and Property Additions Rule" means 15A NCAC
 18E .0206 (Existing System Approvals for Reconnections and Property Additions).
              SECTION 5.(b) Existing System Approvals for Reconnections and Property
 Additions Rule. – Until the effective date of the revised permanent rule that the Commission for
 Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall
 implement the Existing System Approvals for Reconnections and Property Additions Rule as
 provided in subsection (c) of this section.
              SECTION 5.(c) Implementation. – The local health department, an Authorized
 On-Site Wastewater Evaluator, or a certified inspector may issue an approval for an existing
 system reconnection when the new or improved facility is within the same footprint of the
 previous existing facility and when there is no increase in design daily flow or wastewater
 strength. Prior to an increase in design daily flow or wastewater strength, or if the location of the
 facility is not positioned in the same footprint of the previous existing facility, the applicant shall
 obtain a Construction Authorization from the local health department or a Notice of Intent to
 Construct from an Authorized On-Site Wastewater Evaluator certified by the North Carolina
 On-Site Wastewater Certification Board before starting construction. The issuance of the existing
 system approvals for modifications or expansions shall follow the provisions of this Rule. Prior
 to the relocation of a structure or the expansion of an existing facility's footprint that requires the
 issuance of a building permit but does not increase design daily flow or wastewater strength, an
 approval shall be issued by an authorized agent or an Authorized On-Site Wastewater Evaluator
 upon determination of the compliance of the proposed structure with setback requirements in
 Rule .0600 of Subchapter E of Chapter 18 of Title 15A of the North Carolina Administrative
 Code. For written documentation provided in connection with an approval issued pursuant to this
 Rule, the documentation shall include the maximum number of occupants or people served and
 any other information relating to the facility use, including showing the location of existing and
 proposed structures. The applicant is responsible for providing the location of the property lines
 and site modifications. When the existing wastewater system cannot be located, the applicant is
 responsible for locating the existing wastewater system and providing that information to the
 local health department, Authorized On-Site Wastewater Evaluator, or certified inspector. The
     DRH40287-BR-10                                                                                 Page 3
     General Assembly Of North Carolina                                                    Session 2023
 applicant is responsible for the accuracy of the information they provide and for ensuring that all
 setback requirements in Rule .0600 of Subchapter E of Chapter 18 of Title 15A of the North
 Carolina Administrative Code are met for the property addition. An authorized agent, Authorized
 On-Site Wastewater Evaluator, or certified inspector shall provide to the applicant a signed,
 written report describing the reason for denial when an approval cannot be issued pursuant to this
 Rule.
             SECTION 5.(d) Additional Rulemaking Authority. – The Commission shall adopt
 a rule to amend the Existing System Approvals for Reconnections and Property Additions Rule
 consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4), the rule adopted
 by the Commission pursuant to this section shall be substantively identical to the provisions of
 subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of
 Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall
 become effective as provided in G.S. 150B-21.3(b1), as though 10 or more written objections
 had been received as provided in G.S. 150B-21.3(b2).
             SECTION 5.(e) Sunset. – This section expires when permanent rules adopted as
 required by subsection (d) of this section become effective.
             SECTION 6.(a) Definitions. – For purposes of this section and its implementation,
 "Alternative Wastewater System Permitting Options Rule" means 15A NCAC 18E .0207
 (Alternative Wastewater System Permitting Options).
             SECTION 6.(b) Alternative Wastewater System Permitting Options Rule. – Until
 the effective date of the revised permanent rule that the Commission for Public Health is required
 to adopt pursuant to subsection (d) of this section, the Commission shall implement the
 Alternative Wastewater System Permitting Options Rule as provided in subsection (c) of this
 section.
             SECTION 6.(c) Implementation. – An applicant may choose to use a professional
 engineer in accordance with G.S. 130A-336.1 or an Authorized On-Site Wastewater Evaluator
 in accordance with G.S. 130A-336.2 to obtain a wastewater system approval. For systems issued
 as an Engineer Option Permit, the engineer may use technologies not approved in this State
 provided the engineering report attached to the Authorization to Operate includes the
 specification of the technology and the manufacturer's approval for the conditions of the site. The
 applicant shall be responsible for preventing modifications or alterations of the site, including
 the designated initial and repair dispersal areas, shall obtain written approval by the professional
 engineer or Authorized On-Site Wastewater Evaluator prior to changes to design daily flow,
 wastewater strength, or landscape positioning of the facility, and shall identify any drinking water
 well, public water supply, or wastewater system on the property and adjoining properties if within
 the setback requirements in Rule .0600 of Subchapter E of Chapter 18 of Title 15A of the North
 Carolina Administrative Code. The applicant for a repair of a wastewater system may obtain an
 Improvement Permit or a Construction Authorization from the local health department or a
 Notice of Intent to Construct from an engineer or Authorized On-Site Wastewater Evaluator, as
 applicable. In the case of a repaired wastewater system, a site is not required to have an additional
 repair area. Wastewater systems issued under G.S. 130A-336.2 shall follow rules established by
 the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board.
             SECTION 6.(d) Additional Rulemaking Authority. – The Commission shall adopt
 a rule to amend the Alternative Wastewater System Permitting Options Rule consistent with
 subsection (c) of this section. Notwithstanding G.S. 150B-19(4), the rule adopted by the
 Commission pursuant to this section shall be substantively identical to the provisions of
 subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of
 Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall
 become effective as provided in G.S. 150B-21.3(b1), as though 10 or more written objections
 had been received as provided in G.S. 150B-21.3(b2).
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     General Assembly Of North Carolina                                                   Session 2023
              SECTION 6.(e) Sunset. – This section expires when permanent rules adopted as
 required by subsection (d) of this section become effective.
              SECTION 7.(a) Definitions. – For purposes of this section and its implementation,
 "Owners Rule" means 15A NCAC 18E .0301 (Owners).
              SECTION 7.(b) Owners Rule. – Until the effective date of the revised permanent
 rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this
 section, the