North Carolina § 130A-334 - Definitions.

§ 130A-334. Definitions.

The following definitions shall apply throughout this Article: "Accepted wastewater system" has the same meaning as in G.S. 130A-343. "Approved agency for special inspection" means an individual, corporation, company, association, or partnership that is objective, competent, and independent from the contractor who is responsible for the work that is inspected. The agency shall disclose possible conflicts of interest in a manner such that objectivity can be confirmed. "Approved special inspector" means a person who demonstrates competence to the satisfaction of the professional engineer who designed the wastewater system for the inspection of the construction or operation subject to special inspection. "Construction" means any work at the site of placement done for the purpose of preparing a residence, place of business or place of public assembly for initial occupancy, or subsequent additions or modifications which increase sewage flow. "Construction observation" means the visual observation of the construction and installation of the wastewater system for general conformance with the construction documents prepared by the professional engineer who designed the wastewater system. Construction observation that is conducted by the professional engineer who designed the wastewater system does not include or waive the requirement to conduct special inspections. "Conventional wastewater system" has the same meaning as in G.S. 130A-343. "Department" means the Department of Health and Human Services. "Engineered option permit" means an on-site wastewater system that is permitted pursuant to the rules adopted by the Commission in accordance with this Article, meets the criteria established by G.S. 130A-336.1, and is designed by a professional engineer who is licensed under Chapter 89C of the General Statutes who has expertise in the design of on-site wastewater systems. "Ground absorption system" means a system of tanks, treatment units, nitrification fields, and appurtenances for wastewater collection, treatment, and subsurface disposal. Repealed by Session Laws 1985, c. 462, s. 18. "Industrial process wastewater" means any water-carried waste resulting from any process of industry, manufacture, trade, or business. "Licensed geologist" means a person who is licensed as a geologist under the provisions of Chapter 89E of the General Statutes. "Licensed soil scientist" has the same meaning as in G.S. 89F-3. "Location" means the initial placement for occupancy of a residence, place of business or place of public assembly. "Maintenance" means normal or routine maintenance including replacement of broken pipes, cleaning, or adjustment to an existing wastewater system. , (5) Repealed by Session Laws 1985, c. 462, s. 18. "Plat" means a property survey prepared by a registered land surveyor, drawn to a scale of one inch equals no more than 60 feet, that includes: the specific location of the proposed facility and appurtenances, the site for the proposed wastewater system, and the location of water supplies and surface waters. "Plat" also means, for subdivision lots approved by the local planning authority if a local planning authority exists at the time of application for a permit under this Article, a copy of the subdivision plat that has been recorded with the county register of deeds and is accompanied by a site plan that is drawn to scale. "Pretreatment" means any biological, chemical, or physical process or system for improving wastewater quality and reducing wastewater constituents prior to final treatment and disposal in a subsurface wastewater system and includes, but is not limited to aeration, clarification, digestion, disinfection, filtration, separation, and settling. "Professional engineer" has the same meaning as in G.S. 89C-3. "Repair" means the extension, alteration, replacement, or relocation of existing components of a wastewater system. Replacement of a damaged gravity distribution box by an on-site wastewater contractor certified under Article 5 of Chapter 90A of the General Statutes shall not constitute a repair to a permitted wastewater system. "Secretary" means the Secretary of Health and Human Services. "Site plan" means a drawing not necessarily drawn to scale that shows the existing and proposed property lines with dimensions, the location of the facility and appurtenances, the site for the proposed wastewater system, and the location of water supplies and surface waters. "Special inspection" means a required inspection of the materials, installation, fabrication, erection, or placement of components and systems that require special expertise to ensure compliance with referenced standards and the construction documents prepared by the professional engineer. "Wastewater dispersal product" means a product approved by the Department for dispersing wastewater effluent within the subsurface dispersal field in a ground absorption system. (6) "Place of business" means a store, warehouse, manufacturing establishment, place of amusement or recreation, service station, office building or any other place where people work. (7) "Place of public assembly" means a fairground, auditorium, stadium, church, campground, theater or any other place where people assemble. (8) "Public or community wastewater system" means a single system of wastewater collection, treatment and disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county or municipality or a public utility. (9) "Relocation" means the displacement of a residence or place of business from one site to another. (10) "Residence" means a private home, dwelling unit in a multiple family structure, hotel, motel, summer camp, labor work camp, manufactured home, institution or any other place where people reside. (11) Repealed by Session Laws 1992, c. 944, s. 3. (12) "Septic tank system" means a subsurface wastewater system consisting of a settling tank and a subsurface disposal field. (13) "Sewage" means the liquid and solid human body waste and liquid waste generated by water-using fixtures and appliances, including those associated with foodhandling. The term does not include industrial process wastewater or sewage that is combined with industrial process wastewater. (14) "Wastewater" means any sewage or industrial process wastewater discharged, transmitted, or collected from a residence, place of business, place of public assembly, or other places into a wastewater system. (15) "Wastewater system" means a system of wastewater collection, treatment, and disposal in single or multiple components, including a ground absorption system, privy, septic tank system, public or community wastewater system, wastewater reuse or recycle system, mechanical or biological wastewater treatment system, any other similar system, and any chemical toilet used only for human waste. History (1973, c. 452, s. 4; 1981, c. 949, s. 3; 1983, c. 891, s. 2; 1985, c. 462, s. 18; c. 487, s. 9; 1987, c. 435; 1991, c. 256, s. 1; 1991 (Reg. Sess., 1992), c. 944, s. 3; c. 1028, s. 4; 1995, c. 285, s. 1; 1995 (Reg. Sess., 1996), c. 585, s. 1; 1996, 2nd Ex. Sess., c. 18, ss. 27.31(a), (b); 1997-443, s. 11A.82; 2011-145, s. 13.3(bbb); 2014-120, s. 40(a); 2015-241, s. 14.30(v); 2015-286, s. 4.14(a); 2017-139, s. 2; 2018-114, s. 11(a), (b).) Editor's Note. - The subdivision designations (7a) and (7b) were redesignated at the direction of the Revisor of Statutes, the definition of "Plat" having been enacted as subdivision (7b). Session Laws 2006-136, s. 1, provides: "The definitions in G.S. 130A-334 apply throughout this act. For the purposes of this act, 'Commission' means the Commission for Health Services [now the Commission for Public Health]. 'Licensed soil scientist' has the same meaning as in G.S. 89F-3(3) ." Session Laws 2006-136, s. 2(a), provides: "The Department of Environment and Natural Resources shall develop and implement a pilot program to begin no later than 1 August 2006 and to terminate 1 July 2011 regarding the process for the issuance of an improvement permit for an on-site wastewater system pursuant to Article 11 of Chapter 130A of the General Statutes. A county that meets all of the following criteria may participate in the pilot program: "(1) The population of the county must not exceed 25,000 according to the most recent federal decennial census. "(2) The county must have more than 900 applications for improvement permits or authorizations to construct that are pending before the local health department on the effective date of this act. "(3) The board of county commissioners and the local board of health for the county must both approve a resolution requesting to participate in the pilot program." Session Laws 2006-136, s. 2(b), provides: "Notwithstanding G.S. 130A-336 , the Department of Environment and Natural Resources shall authorize licensed soil scientists and the local health department to evaluate any proposed site for a residence, place of business, or place of public assembly in an area not served by an approved wastewater system. The local health department shall issue an improvement permit after one of the following has occurred: "(1) A soil and site evaluation has been completed by an authorized agent of the Department or local health department that finds that the site is suitable for a wastewater system. "(2) The local health department receives a completed soil and site evaluation for a wastewater system designed to treat 3,000 gallons per day or less of sewage that has been signed and sealed by a licensed soil scientist that finds that the site is suitable for a wastewater system." Session Laws 2006-136, s. 2(c), provides: "A licensed soil scientist who submits a completed soil and site evaluation pursuant to this section shall have in force errors and omissions coverage or other appropriate liability insurance that has policy limits of not less than one million dollars ($1,000,000) per claim and that shall remain in force for at least six years after the date on which the improvement permit is approved. The licensed soil scientist shall provide the local health department with evidence satisfactory to the local health department that the coverage required by this section is in force. The local health department shall maintain a register of all licensed soil scientists who work in the county that have submitted completed soil and site evaluations under this section." Session Laws 2006-136, s. 2(d), provides: "An improvement permit issued pursuant to this section shall include: "(1) For permits that are valid for five years, a site plan drawn to scale with setbacks labeled. No permits shall be issued that are valid without expiration. "(2) A description of the facility the proposed site is to serve and any factors that would affect the wastewater load. "(3) The type and layout of the proposed wastewater system and its location. "(4) The design wastewater flow and characteristics. "(5) Any proposed landscape, site, drainage, or soil modifications. "(6) A detailed soil profile description of at least two locations within the proposed disposal area. The detailed soil profile descriptions shall include soil taxonomic classifications, horizons, depth, texture, structure, soil wetness conditions, restrictive horizons, matrix color, and redoximorphic colors. "(7) Any other information required by the rules of the Commission." Session Laws 2006-136, s. 2(e), provides: "An improvement permit issued 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. No person shall commence or assist in the construction, location, or relocation of a residence, place of business, or place of public assembly in an area not served by an approved wastewater system unless an improvement permit and an authorization for wastewater system construction are obtained from the local health department. This requirement shall not apply to a manufactured residence exhibited for sale or stored for later sale and intended to be located at another site after sale." Session Laws 2006-136, s. 2(f), provides: "The local health department shall issue an authorization for wastewater system construction authorizing work to proceed and the installation or repair of a wastewater system when it has determined after a field investigation that the system can be installed and operated in compliance with Article 11 of Chapter 130A of the General Statutes and rules adopted pursuant to the Article. This authorization for wastewater system construction shall be valid for a period equal to the period of validity of the improvement permit, not to exceed five years, and may be issued at the same time the improvement permit is issued. No person shall commence or assist in the installation, construction, or repair of a wastewater system unless an improvement permit and an authorization for wastewater system construction have been obtained from the local health department. No improvement permit or authorization for wastewater system construction shall be required for maintenance of a wastewater system. The Department of Environment and Natural Resources and the local health department may impose conditions on the issuance of an improvement permit and an authorization for wastewater system construction." Session Laws 2006-136, s. 2(g), provides: "When a local health department issues an improvement permit or authorization to construct based upon work performed by a licensed soil scientist pursuant to this section, the improvement permit or authorization to construct shall bear a statement that reads: 'The soil, site, and system evaluation and documentation necessary to issue this ________ (improvement permit or authorization to construct) was performed by ________ (name of licensed soil scientist), a licensed soil scientist, license number ________ (license number).'." Session Laws 2006-136, s. 2(h), provides: "When a local health department denies an application for an improvement permit or authorization to construct prepared by a licensed soil scientist pursuant to this section, the denial shall include a written report that specifically identifies the provisions of Article 11 of Chapter 130A of the General Statutes or rules adopted pursuant to the Article on which the denial is based." Session Laws 2006-136, s. 2(i), provides: "A local health department may employ or contract with a licensed soil scientist for the review of an application for an improvement permit or authorization to construct. A licensed soil scientist who reviews a completed application for an improvement permit or authorization to construct under this subsection shall have in force errors and omissions coverage or other appropriate liability insurance that has policy limits of not less than one million dollars ($1,000,000) per claim." Session Laws 2006-136, s. 2(j), provides: "The Department of Environment and Natural Resources shall: (i) specify uniform procedures for the review of an application prepared by a licensed soil scientist; (ii) establish documentation that must be included in the application; (iii) establish the necessary documentation that must be included in the local health department's written permit application review report; and (iv) specify the rights and obligations of each party." Session Laws 2006-136, s. 2(k), provides: "In addition to any fees authorized under G.S. 130A-39(g) , a local board of health may impose an additional fee not to exceed two hundred dollars ($200.00) for the costs of review and consideration of applications for an improvement permit or an authorization to construct that has been prepared by a licensed soil scientist pursuant to this section." Session Laws 2006-136, s. 2( l ), provides: "Except as provided in this section, the provisions of Article 11 of Chapter 130A of the General Statutes and rules adopted pursuant to that Article apply to this section. This section applies only to the counties eligible to participate in the pilot program." Session Laws 2006-136, s. 3, provides: "In order to determine the effectiveness of the pilot program, the Department of Environment and Natural Resources shall evaluate whether: (i) the program resulted in a reduction in the length of time improvement permits or authorizations to construct are pending in the participating counties; (ii) the program resulted in increased system failures or other adverse impacts; and (iii) the program resulted in new or increased environmental impacts. The Department shall annually report its interim findings and recommendations, including any legislative proposals, to the Environmental Review Commission beginning 1 October 2007. The Department shall report its final findings and recommendations, including any legislative proposals, to the Environmental Review Commission no later than 1 October 2011." Session Laws 2014-120, s. 60, is a severability clause. Session Laws 2015-241, s. 14.30(v), and Session Laws 2015-286, s. 4.14(a), both amended this section in the coded bill drafting format provided by G.S. 120-20.1 . Session Laws 2015-286, s. 4.14(a) rewrote the section without accounting for the substitutions made by Session Laws 2015-241, s. 14.30(v). Pursuant to the conforming authority provided in Session Laws 2015-241, s. 14.30(c), the words "Secretary of Environmental Quality" have been deleted at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2015-286, s. 4.15(c), provides: "Beginning January 1, 2016, and every quarter thereafter until all rules required pursuant to Sections 4.14 and 4.15 of this act are adopted or amended, the Commission for Public Health shall submit written reports as to its progress on adopting or amending rules as required by Sections 4.14 and 4.15 of this act to the Environmental Review Commission and the Joint Legislative Oversight Committee on Health and Human Services. The Commission shall supplement the written reports required by this subsection with additional written and oral reports as may be requested by the Environmental Review Commission and the Joint Legislative Oversight Committee on Health and Human Services. The Commission shall submit the written reports required by this subsection whether or not the General Assembly is in session at the time the report is due." Session Laws 2017-139, s. 4, made subdivision (14a) of this section, as added by Session Laws 2017-139, s. 2, effective July 1, 2017, and applicable to sales made on or after that date, and further provided: "As soon as practicable after this act becomes law, but no later than 30 days after that date, the Department of Health and Human Services shall notify the Department of Revenue of all existing wastewater dispersal product approvals." Effect of Amendments. - Session Laws 2011-145, s. 13.3(bbb), effective July 1, 2011, substituted "Health and Human Services" for "Environment and Natural Resources" in subsection (1a). Session Laws 2014-120, s. 40(a), effective September 18, 2014, added subdivision (1b); in the last sentence of subdivision (7a), substituted "if a local planning authority exists at the time of application for a permit under this Article, a copy of the subdivision plat that has been recorded with the county register of deeds and" for "and recorded with the county register of deeds, a copy of the recorded subdivision plat that"; in subdivision (15) inserted "ground absorption system," in the first sentence and added the last sentence. Session Laws 2015-241, s. 14.30(v), effective July 1, 2015, substituted "Secretary of Environmental Quality" for "Secretary of Environment and Natural Resources" in subdivision (10a). Session Laws 2015-286, s. 4.14(a), effective October 22, 2015, rewrote the section. Session Laws 2017-139, s. 2, added subdivision (14a). For effective date and applicability, see editor's note. Session Laws 2018-114, ss. 11(a), 11(b), effective June 27, 2018, added the last sentence in subdivision (9a); and deleted the last sentence in subdivision (15) which formerly read: "A wastewater system located on multiple adjoining lots or tracts of land under common ownership or control shall be considered a single system for purposes of permitting under this Article."