North Carolina § 130A-291 - 3. Septage operator training required.

§ 130A-291. 3. Septage operator training required.

Each septage management firm operator shall attend a training course approved pursuant to subsection (d) of this section of no less than four hours of instruction per year. New septage management firm operators and those that have not operated a septage management firm in the 24 months preceding the submittal of an application shall complete the training before commencing operation. Each septage land application site operator shall attend a training course approved pursuant to subsection (d) of this section of no less than three hours of instruction per year. New septage land application site operators and those that have not operated a septage land application site in the 24 months preceding the submittal of an application shall complete the training before commencing operation. The Department shall notify all septage management firm operators of changes to rules no later than 30 days after those changes have been adopted by the Commission and shall post all septage management program rules to its website. Upon the completion of the permit requirements under G.S. 130A-291.1 and the training requirements under this section, the Department shall issue the septage management firm a certificate to operate as a registered portable sanitation firm or a registered septage management firm, or both. The Department shall develop and maintain a list of approved instruction courses that have a direct or indirect relevance to septage management firms, septage land application site operators, and septage detention or treatment facility operators. The instruction courses shall be technical in nature and address business management practices, professional ethics, quality assurance, codes, or similar topics which facilitate professional development and serve to safeguard health, safety, and welfare of citizens. The Department may approve additional training courses on a case-by-case basis. History (2001-505, s. 1.2; 2021-83, s. 2.) Editor's Note. - Session Laws 2001-505, s. 1.3, provides: "The Commission for Health Services [now the Commission for Public Health] shall adopt temporary and permanent rules to implement Sections 1.1 and 1.2 of this act. The Commission for Health Services [now the Commission for Public Health] and the Department of Environment and Natural Resources shall initiate temporary rule-making proceedings within 30 days of the date this act becomes effective. Temporary rules to implement the provisions of Sections 1.1 and 1.2 of this act become effective 1 January 2002." Session Laws 2021-83, s. 3(a)-(e), provides: "(a) Definitions. - For purposes of this section and its implementation, "Septage Land Application Site and Septage Detention and Treatment Facility Renewal Rule" means 15A NCAC 13B.0832 (General Provisions). "(b) Septage Land Application Site and Septage Detention and Treatment Facility Renewal Rule. - Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Septage Land Application Site and Septage Detention and Treatment Facility Renewal Rule as provided in subsection (c) of this section. "(c) Implementation. - Subsequent permit renewals for septage land application sites and septage detention and treatment facilities shall be valid for 10 years. "(d) Additional Rulemaking Authority. - The Commission shall adopt a rule to amend the Septage Land Application Site and Septage Detention and Treatment Facility Renewal 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) . "(e) Applicability and Sunset. - This section and rules adopted pursuant to this section apply to all septage land application site and septage detention and treatment facility permit renewals issued on or after July 1, 2021. This section expires when permanent rules adopted as required by subsection (d) of this section become effective." Session Laws 2021-83, s. 4(a), (b), provides: "(a) The Department of Environmental Quality shall not offer renewal education online for septage management firm operators or septage land application operators unless needed on a case-by-case basis in coordination with the septage industry associations. "(b) This section becomes effective July 1, 2021, or upon the date an executive order rescinding Section 5 of Executive Order No. 209 (2021), Removing the Outdoor Face Covering Requirement, Relaxing Restrictions on Gatherings, and Extending the Capacity and Social Distancing Measures of EO 204, becomes effective, whichever is earlier." Effect of Amendments. - Session Laws 2021-83, s. 2, effective July 8, 2021, added the last sentence in subsection (b); and rewrote subsection (d).