North Carolina § 130A-342 - Residential wastewater treatment systems.

§ 130A-342. Residential wastewater treatment systems.

Individual residential wastewater treatment systems that are approved and listed in accordance with the standards adopted by the National Sanitation Foundation, Inc. for Class I residential wastewater treatment systems, as set out in Standard 40 of the National Sanitation Foundation, Inc., (as approved 13 January 2001) as amended, shall be permitted under rules adopted by the Commission. The Commission may establish standards in addition to those set by the National Sanitation Foundation, Inc. A permitted system with a design flow of less than 1,500 gallons per day shall be operated by a person who is a Subsurface Water Pollution Control System Operator as certified by the Water Pollution Control System Operators Certification Commission and authorized by the manufacturer of the individual residential wastewater treatment system. The Commission may, in addition to the requirement for a certified Subsurface Water Pollution Control System Operator, establish additional standards for wastewater systems with a design flow of 1,500 gallons or greater per day. Each county, in which one or more residential wastewater treatment systems permitted pursuant to this section are in use, shall document the performance of each system and report the results to the Department annually. History (1989, c. 727, s. 223(b); c. 764, s. 9; 1989 (Reg. Sess., 1990), c. 1004, ss. 12, 37; 1991 (Reg. Sess., 1992), c. 944, s. 8; 1995, c. 285, s. 1; 1997-443, ss. 11A.84, 11A.119(a); 2001-505, s. 2.1; 2015-286, s. 4.14(j).) Editor's Note. - Session Laws 2001-505, s. 2.5, provides: "The Commission for Health Services [now the Commission for Public Health] shall adopt temporary and permanent rules to implement the provisions of Sections 2.1 and 2.2 of this act. The Commission may review its current rules to determine whether any wastewater system, as defined by G.S. 130A-334 , that is described in its rules should be designated as an accepted wastewater system or approved as an innovative wastewater system, as those terms are defined in G.S. 130A-343 , as amended by Section 2.2 of this act. Notwithstanding G.S. 130A-343 , as amended by Section 2.2 of this act, the Commission may designate a wastewater system that, prior to 1 October 2001, is described in its rules as an accepted wastewater system whether or not the wastewater system was described or approved as an innovative wastewater system prior to 1 October 2001. If the Commission determines that a wastewater system that is described in its rules prior to 1 October 2001 should not be designated as an accepted wastewater system, the Commission may amend its rules to remove the description of the wastewater system. If the Commission amends its rules to remove a description of a wastewater system pursuant to this section [s. 2.5 of Session Laws 2001-505], the wastewater system shall be deemed to be an approved innovative wastewater system without further action by the Department of Environment and Natural Resources. This section [s. 2.5 of Session Laws 2001-505] shall not be construed to require the Commission or the Department to change the current designation or approval status of any wastewater system." 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 2015-286, s. 4.14(k), provides, in part: "The Commission for Public Health shall adopt temporary rules pursuant to Sections 4.14(a) through 4.14(e), Section 4.14(g), and Section 4.14(j) of this act no later than June 1, 2016, and shall adopt permanent rules pursuant to Sections 4.14(a) through 4.14(e), Section 4.14(g), and Section 4.14(j) of this act no later than January 1, 2017." 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." Effect of Amendments. - Session Laws 2015-286, s. 4.14(j), effective October 22, 2015, rewrote subsection (b), which read: "A permitted system shall be operated and maintained by a certified wastewater treatment facility operator."