North Carolina § 130A-335 - Wastewater collection, treatment and disposal; rules.

§ 130A-335. Wastewater collection, treatment and disposal; rules.

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. 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. Evaluations conducted by a licensed soil scientist or a licensed geologist pursuant to subsection (a1) of this section to produce 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 authorization to construct or for permitting, shall be approved by the applicable permitting authorities under G.S. 130A-336 and G.S. 130A-336.1, provided both of the following conditions are met: 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. 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. All wastewater systems shall either (i) be regulated by the Department under rules adopted by the Commission or (ii) conform with the engineered option permit criteria set forth in G.S. 130A-336.1 and under rules adopted by the Commission except for the following wastewater systems that shall be regulated by the Department under rules adopted by the Environmental Management Commission: Wastewater collection, treatment, and disposal systems designed to discharge effluent to the land surface or surface waters. Wastewater systems designed for groundwater remediation, groundwater injection, or landfill leachate collection and disposal. Wastewater systems designed for the complete recycle or reuse of industrial process wastewater. Gray water systems as defined in G.S. 143-350. A wastewater system subject to approval under rules of the Commission shall be reviewed and approved under rules of a local board of health in the following circumstances: The local board of health, on its own motion, has requested the Department to review its proposed rules concerning wastewater systems; and The local board of health has adopted by reference the wastewater system rules adopted by the Commission, with any more stringent modifications or additions deemed necessary by the local board of health to protect the public health. Local boards of health shall use historical experience to establish modifications or additions to rules established by the Commission; and The Department has found that the rules, including modifications or additions to the Commission's rules, of the local board of health concerning wastewater collection, treatment and disposal systems are at least as stringent as rules adopted by the Commission and are sufficient and necessary to safeguard the public health. The rules adopted by the Commission for wastewater systems approved under the engineered option permit criteria pursuant to G.S. 130A-336.1 shall be, at a minimum, as stringent as the rules for wastewater systems established by the Commission. Notwithstanding any other provision of law, a municipality 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. The Department may, upon its own motion, upon the request of a local board of health or upon the request of a citizen of an affected county, review its findings under subsection (c) of this section. 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. The rules of the Commission and the rules of the local board of health shall address at least the following: Wastewater characteristics; Design unit; Design capacity; Design volume; Criteria for the design, installation, operation, maintenance and performance of wastewater collection, treatment and disposal systems; Soil morphology and drainage; Topography and landscape position; Depth to seasonally high water table, rock and water impeding formations; Proximity to water supply wells, shellfish waters, estuaries, marshes, wetlands, areas subject to frequent flooding, streams, lakes, swamps and other bodies of surface or groundwaters; Density of wastewater collection, treatment and disposal systems in a geographical area; Requirements for issuance, suspension and revocation of permits; and Other factors which affect the effective operation and performance of wastewater collection, treatment and disposal systems. The rules regarding required design capacity and required design volume for wastewater systems shall provide that exceptions may be granted upon a showing that a system is adequate to meet actual daily water consumption. 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 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. 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 authorization for wastewater system construction issued with an 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 authorization for wastewater system construction incorporating the rule changes upon the written request of the owner or developer. For each septic tank system that is designed to treat 3,000 gallons per day or less of sewage, rules adopted pursuant to subsection (f) of this section shall require the use of an effluent filter to reduce the total suspended solids entering the drainfield and the use of an access device for each compartment of the septic tank to provide access to the compartment in order to facilitate maintenance of the septic tank. The Commission shall not adopt specifications for the effluent filter and access device that exceed the requirements of G.S. 130A-335.1. Neither this section nor G.S. 130A-335.1 shall be construed to prohibit the use of an effluent filter or access device that exceeds the requirements of G.S. 130A-335.1. The Department shall approve effluent filters that meet the requirements of this section, G.S. 130A-335.1, and rules adopted by the Commission. Prior to denial of an 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 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 was requested is located. Except as provided in this subsection, a chemical or portable toilet may be placed at any location where the chemical or portable toilet can be operated and maintained under sanitary conditions. A chemical or portable toilet shall not be used as a replacement or substitute for a water closet or urinal where a water closet or urinal connected to a permanent wastewater treatment system is required by the North Carolina State Building Code, except that a chemical or portable toilet may be used to supplement a water closet or urinal during periods of peak use. A chemical or portable toilet shall not be used as an alternative to the repair of a water closet, urinal, or wastewater treatment system. It shall be unlawful to discharge sewage or other waste from a chemical or portable toilet used for human waste except into a wastewater system that has been approved by the Department under rules adopted by the Commission or by the Environmental Management Commission or at a site that is permitted by the Department under G.S. 130A-291.1. The Department shall notify the Department of Revenue of all wastewater dispersal product approvals and revocations within 60 days of approval or revocation. Upon receipt of a signed written evaluation from the soil scientist or licensed geologist, 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 in common law from any claim arising out of or attributed to the soil conditions, site features, geologic conditions, or hydrogeologic conditions for which the signed written evaluation was submitted. The Department shall review its findings under subsection (c) of this section upon modification by the Commission of the rules applicable to wastewater systems. The Department may deny, suspend, or revoke the approval of local board of health wastewater system rules upon a finding that the local wastewater rules are not as stringent as rules adopted by the Commission, are not sufficient and necessary to safeguard the public health, or are not being enforced. Suspension and revocation of approval shall be in accordance with G.S. 130A-23 . History (1957, c. 1357, s. 1; 1973, c. 471, s. 1; c. 476, s. 128; c. 860; 1977, c. 857, s. 1; 1979, c. 788, s. 2; 1981, c. 949, s. 3; c. 1127, s. 47; 1983, c. 891, s. 2; 1987, c. 267, ss. 1, 2; 1989, c. 727, s. 147; c. 764, ss. 6, 7; 1989 (Reg. Sess., 1990), c. 1075, s. 2; 1991 (Reg. Sess., 1992), c. 944, s. 4; 1993, c. 173, s. 5; 1995, c. 285, s. 1; 1995 (Reg. Sess., 1996), c. 585, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 27.31(c); 1998-126, s. 1; 1998-217, s. 46(a); 2008-143, s. 13; 2011-394, s. 12(c); 2014-115, s. 10.1; 2014-120, s. 40(b); 2015-286, s. 4.14(b); 2017-139, s. 3; 2017-209, s. 18(a); 2018-114, s. 11(c); 2019-126, s. 1; 2019-131, s. 1; 2019-177, s. 7.1.) United States Postal Service Cluster Box Units/No Stormwater Permit Modification Required. - Session Laws 2014-120, s. 47(a)-(e), provides: "(a) The definitions set out in G.S. 130A-343 shall apply to this section. "(b) 15A NCAC 18A .1969(j) (Modification of Approved Systems). - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 47(d) of this act, the Commission and the Department shall implement 15A NCAC 18A .1969(j) (Modification of Approved Systems) as provided in Section 47(c) of this act. "(c) Implementation. - Notwithstanding 15A NCAC 18A .1969(j) (Modification of Approved Systems), the rule shall be implemented so as to not require a survey or audit of installed modified accepted systems in order to confirm the satisfactory performance of such systems. "(d) Additional Rule-Making Authority. - The Commission for Public Health shall adopt a rule to amend 15A NCAC 18A .1969(j) (Modification of Approved Systems) consistent with Section 47(c) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 47(c) of this act. 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 by G.S. 150B-21.3(b2) . "(e) Sunset. - Section 47(c) of this act expires on the date that the rule adopted pursuant to Section 47(d) of this act becomes effective." On-Site Wastewater Task Force - Session Laws 2019-151, ss. 5-12, provide: "Section 5. There is established the On-Site Wastewater Task Force (Task Force). "Section 6. The Task Force shall consist of 10 members, as follows: "(1) A representative of the North Carolina Division of Public Health, On-Site Water Protection Branch. "(2) A person currently certified as a Water Pollution Control Systems Operator and actively conducting business as an operator of on-site wastewater systems. "(3) A representative of the North Carolina Environmental Health Supervisors Association. "(4) A representative of the North Carolina Home Builders Association. "(5) A representative of the North Carolina On-Site Wastewater Contractor Inspector Certification Board. "(6) A representative of the North Carolina Licensing Board for General Contractors. "(7) A representative of the North Carolina Septic Tank Association. "(8) A representative of the Consulting Soil Scientists Association of North Carolina with experience conducting private consultative services of sites evaluated for on-site wastewater systems. "(9) A representative of the North Carolina Board of Examiners for Engineers and Surveyors with experience in designing on-site wastewater systems. "(10) A representative of the North Carolina Board for Licensing of Soil Scientists with experience conducting private consultative services of sites evaluated for on-site wastewater systems. "Section 7. The first meeting of the Task Force shall be held no later than October 31, 2019. The Task Force member from the North Carolina Home Builders Association shall chair the first meeting of the Task Force. The permanent chair of the Task Force shall be elected by a majority of the members of the Task Force present and voting at the first meeting. A majority of the Task Force members shall constitute a quorum for the transaction of business. No action may be taken except by a majority vote at a meeting at which a quorum is present. "Section 8. The Task Force may meet at various locations around the State in order to promote greater public participation in its deliberations and to accommodate the travel considerations of the members. The Legislative Services Commission shall grant adequate meeting space to the Task Force in the State Legislative Building or the Legislative Office Building. The Legislative Services Commission shall allocate from a portion of the funds appropriated to the General Assembly sufficient funds for the operation of the Task Force. The Task Force may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02 . Members of the Task Force shall receive subsistence and travel expenses at the rates provided in G.S. 120-3.1 , 138-5, or 138-6, as appropriate. "Section 9. The Task Force shall conduct a study and issue a report to recommend new wastewater rules to the Commission of Public Health. In conducting this study, the Task Force may collaborate with any stakeholders it deems appropriate. The report must make recommendations for all of the following: "(1) New rules to replace the rules adopted by the Commission for Public Health and approved by the Rules Review Commission, which were to be codified in Chapter 18E of Title 15A of the North Carolina Administrative Code. The new rule recommendations should replace the rules disapproved by Section 1 through Section 4 of this act, as well as any rules that meet all of the following criteria: (i) adoption by the Commission of Public Health on August 8, 2018, (ii) approval by the Rules Review Commission on October 18, 2018, or November 15, 2018, (iii) codification in Chapter 18E of Title 15A of the North Carolina Administrative Code, and (iv) relation to on-site wastewater treatment and dispersal. "(2) New rules to prevent the implementation of rules and ordinances and enforcement against the use of on-site wastewater treatment and dispersal systems in non-sewered areas of the State. "Section 10. The Task Force shall transmit its report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Environmental Review Commission, the Joint Legislative Oversight Committee on Health and Human Services, and the Commission for Public Health no later than February 1, 2020. The Task Force will terminate on the earlier of the date it transmits its report or February 1, 2020. "Section 11. 15A NCAC 18A.1934 through.1971 shall remain in effect until new rules adopted by the Commission for Public Health to replace them become effective. 15A NCAC 18A .1934 through .1971 shall be exempt from the periodic review and expiration of existing rules process required by G.S. 150B-21.3 A. "Section 12. The rules for on-site wastewater treatment and dispersal cited as 15A NCAC 18E.0101-.0102, .0104, .0201-.0207, .0301-.0302, .0304-.0305, .0501- .0507, .0509-.0510, .0601-.0602, .0701-.0703, .0801-.0804, .0901-.0911, .1001, .1103, .1201, .1302, .1403, .1405-.1406, .1501-.1505, .1601-.1603, adopted by the Commission for Public Health on August 8, 2018, and approved by the Rules Review Commission on October 18, 2018, and November 15, 2018, shall not become effective if the rules specifically enumerated in Sections 1 through 4 of this act are disapproved." Session Laws 2019-151, ss. 1-4, provide: "Section 1. Pursuant to G.S. 150B-21.3(b1) , the following rules, as adopted by the North Carolina Commission for Public Health on August 8, 2018, and approved by the Rules Review Commission on October 18, 2018, are disapproved: "15A NCAC 18E.0103 (Incorporation by Reference) "15A NCAC 18E.0105 (Definitions) "15A NCAC 18E.0303 (Licensed or Certified Professionals) "15A NCAC 18E.0401 (Design Daily Flow) "15A NCAC 18E.0402 (Septic Tank Effluent Characteristics) "15A NCAC 18E.0403 (Adjustments to Design Daily Flow) "15A NCAC 18E.0505 (Soil Depth) "15A NCAC 18E.0805 (Tank Leak Testing and Installation Requirements) "15A NCAC 18E.1401 (Plans for Prefabricated Tanks) "15A NCAC 18E.1402 (Tank Design and Construction) "15A NCAC 18E.1404 (Plans and Specifications for Risers, Effluent Filters, and Pipe Penetration Boots) "Section 2. Pursuant to G.S. 150B-21.3(b1) , the following rules, as adopted by the North Carolina Commission for Public Health on August 8, 2018, and approved by the Rules Review Commission on November 15, 2018, are disapproved: "15A NCAC 18E.1002 (Reclaimed Water Systems) "15A NCAC 18E.1101 (General Dosing System Requirements) "15A NCAC 18E.1102 (Pump Dosing) "15A NCAC 18E.1104 (Siphon Dosing) "15A NCAC 18E.1105 (Timed Dosing) "15A NCAC 18E.1106 (Pressure Dosed Gravity Distribution Devices) "15A NCAC 18E.1202 (Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Less Than or Equal to 1,500 Gallons/Day) "15A NCAC 18E.1203 (Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Greater Than 1,500 Gallons/Day and Less Than or Equal to 3,000 Gallons/Day) "15A NCAC 18E.1204 (Advanced Pretreatment Drip Dispersal Systems) "15A NCAC 18E.1205 (Advanced Pretreatment Sand Lined Trench Systems) "15A NCAC 18E.1206 (Advanced Pretreatment Bed Systems) "15A NCAC 18E.1303 (Owner Responsibilities for Wastewater System Operation and Maintenance) "15A NCAC 18E.1304 (Management Entity Responsibilities for Wastewater System Operation and Maintenance) "15A NCAC 18E.1305 (Local Health Department Responsibilities for Wastewater System Operation and Maintenance) "15A NCAC 18E.1306 (System Malfunction and Repair) "15A NCAC 18E.1307 (Wastewater System Abandonment) "15A NCAC 18E.1701 (General) "15A NCAC 18E.1702 (Application) "15A NCAC 18E.1703 (Department and Commission Application Review) "15A NCAC 18E.1704 (Approval Criteria for Provisional Systems) "15A NCAC 18E.1705 (Approval Criteria for Innovative Systems) "15A NCAC 18E.1706 (Approval Criteria for Accepted Systems) "15A NCAC 18E.1707 (Design and Installation Criteria for Provisional, Innovative, and Accepted Approvals) "15A NCAC 18E.1709 (Wastewater Sampling Requirements for Advanced Pretreatment Systems) "15A NCAC 18E.1710 (Compliance Criteria for Advanced Pretreatment Systems) "15A NCAC 18E.1711 (Provisional and Innovative Approval Renewal) "15A NCAC 18E.1712 (Authorized Designers, Installers, and Management Entities) "15A NCAC 18E.1713 (Local Health Department Responsibilities) "Section 3. Pursuant to G.S. 150B-21.3(b1) and S.L. 2015-147, the following rules, as adopted by the North Carolina Commission for Public Health on August 8, 2018, are disapproved: "15A NCAC 18E.0508 (Available Space) "15A NCAC 18E.1301 (Operation and Maintenance of Wastewater Systems) "Section 4. Pursuant to G.S. 150B-21.3(b1) and S.L. 2014-120, Section 47, the following rule, as adopted by the North Carolina Commission for Public Health on August 8, 2018, is disapproved: "15A NCAC 18E.1708 (Modification, Suspension, and Revocation of Approvals)." Editor's Note. - Session Laws 2004-140, s. 1, provides: "A subsurface wastewater disposal system shall be located the maximum feasible horizontal distance, but not less than 10 feet from any other subsurface wastewater disposal system, when all of the following conditions are met: "(1) The lot or tract of land on which the system will be located is specifically described in a deed, other instrument conveying fee simple title, or on a plat recorded prior to 1 July 1977. "(2) The lot or tract of land is of insufficient size to allow the minimum horizontal separation distance for a conventional wastewater system required in 15A NCAC 18A .1950. "(3) The system will receive sewage from only one single-family residence not to exceed four bedrooms. "(4) The residence is not capable of being served by a public or community wastewater system at the time construction of the system commences. "(5) The system will be installed in sand or loamy sand soils as defined in 15A NCAC 18A .1935 and installed in accordance with rules adopted pursuant to Article 11 of Chapter 130A of the General Statutes." Session Laws 2004-140, s. 2, provides: "The Commission for Health Services [now the Commission for Public Health] may adopt rules that incorporate the provisions of Section 1 of this act [Session Laws 2004-140]. Except as provided by Section 1 of this act [Session Laws 2004-140], this act [Session Laws 2004-140] does not limit the authority of the Commission for Health Services [now the Commission for Public Health] or the Environmental Management Commission to adopt rules governing the location, construction, operation, maintenance, or repair of subsurface wastewater disposal systems pursuant to G.S. 130A-335 or other provisions of Article 11 of Chapter 130A of the General Statutes." Session Laws 2008-143, s. 14, provides: "(a) For purposes of this section, 'gray water' means wastewater removed from household wash basins, bathtubs, and showers. "(b) The Commission for Health Services shall adopt rules to authorize the use of gray water during periods of drought to hand water trees, shrubs, and inedible plants on single-family residential property. The rules shall encourage the use of gray water as provided in this section while protecting public health, safety, welfare, and the environment. In developing the rules, the Commission shall review the provisions set out in subsection (c) of this section. "(c) Notwithstanding G.S. 130A-335(a) , untreated gray water may be used in periods of drought to hand water trees, shrubs, and inedible plants on single-family residential property under the following conditions: "(1) Gray water shall be applied as soon as practicable. Untreated gray water should not be stored for later use. "(2) Gray water containing hazardous chemicals including, but not limited to, residue from solvents shall not be used. "(3) Use of untreated gray water is restricted to the residential property where the gray water originates. Untreated gray water shall not be allowed to run off onto adjoining property, roadways, or into drainage features such as ditches and storm drains. "(4) Untreated gray water shall be applied using buckets, watering cans, or other handheld containers. Gray water may not be used in an irrigation system unless the gray water has been treated in accordance with standards set out in the State Plumbing Code. "(5) Gray water shall not be applied closer than 100 feet to surface waters or a water supply well." Session Laws 2008-143, s. 20, provides: "Nothing in this act shall be construed to expand or limit the authority of a unit of government or public water supply system to regulate water use from a well located outside of its jurisdiction, a well not connected to its water system, or any other private well." Session Laws 2008-143, s. 21 provides that Session Laws 2008-143, s. 14(c), noted above, is effective July 31, 2008, and expires when rules adopted pursuant to Session Laws 2008-143, s. 14(b), become effective. Session Laws 2013-413, s. 34(a)-(d), as amended by Session Laws 2014-120, s. 53, provides: "(a) 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units). - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 34(c) of this act, the Commission, the Department, and any other political subdivision of the State shall implement 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units) as provided in Section 34(b) of this act. "(b) Implementation. - Notwithstanding the Daily Flow for Design rates listed for dwelling units in 15A NCAC 18A .1949(a) or for other establishments in Table No. 1 of 15A NCAC 18A .1949(b)(Sewage Flow Rates for Design Units), a wastewater system shall be exempt from the Daily Flow for Design, and any other design flow standards that are established by the Department of Health and Human Services or the Commission for Public Health provided flow rates that are less than those listed in 15A NCAC 18A .1949 (Sewage Flow Rates for Design Units) can be achieved through engineering design that utilizes low-flow fixtures and low-flow technologies and the design is prepared, sealed, and signed by a professional engineer licensed pursuant to Chapter 89C of the General Statutes. The Department and Commission may establish, by rule, lower limits on reduced flow rates as necessary to ensure wastewater system integrity and protect public health, safety, and welfare, provided that the Commission relies on scientific evidence specific to soil types found in North Carolina that the lower limits are necessary for those soil types. 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 by G.S. 150B-21.3(b2) . Proposed daily design flows for wastewater systems that are calculated to be less than 3,000 total gallons per day shall not require State review pursuant to 15A NCAC 18A .1938(e). Neither the State nor any local health department shall be liable for any damages caused by a system approved or permitted pursuant to this section. "(c) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units) consistent with Section 34(b) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 34(b) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.8 through G.S. 150B-21.14 . 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 by G.S. 150B-21.3(b2) . "(d) Sunset. - Section 34(b) of this act expires on the date that rules adopted pursuant to Section 34(c) of this act become effective." Session Laws 2013-413, s. 61(a), is a severability clause. Session Laws 2014-120, s. 60, is a severability clause. Session Laws 2015-147, s. 1(a)-(e), provides: "(a) Definitions. - 'Repair Reserve Rule' means 15A NCAC 18A.1945 (Available Space) for purposes of this section and its implementation. "(b) Repair Reserve Rule. - Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to Section 1(d) of this act, the Commission and the Department of Health and Human Services shall implement the Repair Reserve Rule, as provided in Section 1(c) of this act. "(c) Implementation. - Notwithstanding the Repair Reserve Rule, the Commission shall allow a repair area that accommodates replacement systems described under 15A NCAC 18A.1955 (Design Installation Criteria for Conventional Sewage Systems), 15A NCAC 18A.1956 (Modifications to Septic Tank Systems), 15A NCAC 18A.1957 (Criteria for Design of Alternative Sewage Systems), and innovative or accepted systems approved under 15A NCAC 18A.1969 (Approval and Permitting of On-Site Subsurface Wastewater Systems, Technologies, Components, or Devices), provided that the designated repair area otherwise meets the requirements for those types of replacement systems. Nothing in this act is intended to repeal or amend existing portions of the Repair Reserve Rule granting exemptions from repair area requirements. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend the Repair Reserve Rule consistent with Section 1(c) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 1(c) of this act. 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 by G.S. 150B-21.3(b2) . "(e) Sunset. - Section 1(c) of this act expires when permanent rules adopted as required by Section 1(d) of this act become effective." Session Laws 2015-147, s. 2(a)-(e), provides: "(a) Definitions. - 'Sand Lined Trench System Rule' means 15A NCAC 18A.1956(7)(d)(Modifications to Septic Tank Systems: Sand Line Trench System) for purposes of this section and its implementation. "(b) Sand Lined Trench System Rule. - Until the effective date of the revised permanent rules that the Commission for Public Health is required to adopt pursuant to Section 2(d) of this act, the Commission and the Department of Health and Human Services shall implement the Sand Lined Trench System Rule, as provided in Section 2(c) of this act. "(c) Implementation. - Notwithstanding the Sand Lined Trench System Rule, a Public Management Entity with a Certified Operator, if required by Article 3 of Chapter 90A of the General Statutes, shall not be required for sand lined trench systems when drainage is utilized to lower the water table on a site. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend the Sand Lined Trench System Rule consistent with Section 2(c) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 2(c) of this act. 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 by G.S. 150B-21.3(b2) . "(e) Sunset. - Section 2(c) of this act expires when permanent rules adopted as required by Section 2(d) of this act become effective." Session Laws 2015-147, s. 3, provides: "The Department of Health and Human Services or the Commission for Public Health, as appropriate, shall repeal 15A NCAC 18A.1956(6)(c)(Modifications to Septic Tank Systems Rule: Saprolite System, Design Daily Flow) on or before December 1, 2015. Until the effective date of the repeal of the rule required pursuant to this section, the Secretary of Health and Human Services, the Department of Health and Human Services, the Commission for Public Health, local health departments, or any other political subdivision of the State shall not implement or enforce 15A NCAC 18A.1956(6)(c)(Modifications to Septic Tank Systems Rule: Saprolite System, Design Daily Flow)." 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 subsection (i) of this section, as added by Session Laws 2017-139, s. 3, 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." Session Laws 2019-215, s. 2, provides: "Notwithstanding 15A NCAC 18A.1950(a)(15)(A)(iii), the minimum horizontal distance between every sanitary sewage treatment and disposal system to downslope interceptor drains, foundation drains, and stormwater diversions shall be 15 feet. 15A NCAC 18A.1950(a)(15) shall only apply to stormwater diversions with cuts of 2 feet or more in vertical height." Effect of Amendments. - Session Laws 2008-143, s. 13, effective July 31, 2008, inserted the second sentence in subsection (a). Session Laws 2011-394, s. 12(c), effective July 1, 2011, added subdivision (b)(4). Session Laws 2014-115, s. 10.1, effective August 11, 2014, substituted "G.S. 130A-336" for "G.S. 130-336" in the first sentence of subsection (f1). Session Laws 2014-120, s. 40(b), effective September 18, 2014, substituted "advise the owner or developer of any rule changes for wastewater system construction incorporating" for "issue a revised authorization for wastewater system construction that includes" in the second sentence and added the last sentence to subsection (f1). Session Laws 2015-286, s. 4.14(b), effective October 22, 2015, added subsection (a1); inserted "or (ii) conform with the engineered option permit criteria set forth in G.S. 130A-336.1 and under rules adopted by the Commission" in subsection (b); and added subsections (c1) and (d1). Session Laws 2017-139, s. 3, added subsection (i). For effective date and applicability, see editor's note. Session Laws 2017-209, s. 18(a), effective October 4, 2017, in subsection (a1), substituted "person licensed pursuant to Chapter 89F of the General Statutes as a licensed soil scientist" for "licensed soil scientist or licensed geologist" at the end of the first sentence, and added the third sentence. Session Laws 2018-114, s. 11(c), effective June 27, 2018, added subsection (a2); and in subsection (c), added the second sentence and made a related change in subdivision (c)(2), and inserted ", including modifications or additions to the Commission's rules," following "that the rules" in subdivision (c)(3). Session Laws 2019-126, s. 1, effective July 19, 2019, substituted "evaluation" for "evalutation" in subdivision (a2)(1); and added a paragraph at the end of subsection (a2). Session Laws 2019-131, s. 1, effective July 19, 2019, added subsection (c2). Session Laws 2019-177, s. 7.1, effective July 26, 2019, substituted "evaluation" for "evalutation" in subdivision (a2)(1).