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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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11/23/2015
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Public Hearing
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Agenda
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E1
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Minutes 11-23-2015
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120 <br /> Neither the improvement permit nor the authorization for wastewater system construction <br /> shall Abe affected by change Hof ownership of the site for the wastewater system provided <br /> both the site for the wastewater system and the facility the system serves are unchanged and <br /> remain under the ownership or control of the person owning the facility. No person shall <br /> commence or assist in the construction, location, or relocation of a residence, place of business, <br /> or place of public assembly in an area not served by an approved wastewater system unless an <br /> improvement permit and an authorization for wastewater system construction are obtained from <br /> the local health dep department unless that person is acting in accordance with the <br /> conditions and criteria of an engineered option permit pursuant to G.S. 130A-336.1. This <br /> requirement shall not apply to a manufactured residence exhibited for sale or stored for later <br /> sale and intended to be located at another site after sale. <br /> (b) The local health department shall issue an authorization for wastewater system <br /> construction authorizing work to proceed and the installation or repair of a wastewater system <br /> when it has determined after a field investigation that the system can be installed and operated <br /> in compliance with this Article and rules adopted pursuant to this Article. This authorization for <br /> wastewater system construction shall be valid for a period equal to the period of validity of the <br /> improvement permit and may be issued at the same time the improvement permit is issued. No <br /> person shall commence or assist in the installation, construction, or repair of a wastewater <br /> system unless an improvement permit and an authorization for wastewater system construction <br /> have been obtained from the Department or the local health depaftm unless that <br /> person is acting in accordance with the conditions and criteria of an engineered option permit <br /> pursuant to G.S. 130A-336.1. No improvement permit or authorization for wastewater system <br /> construction shall be required for maintenance of a wastewater system. The Department and the <br /> local health department may impose conditions on the issuance of an improvement permit and <br /> an authorization for wastewater system construction. <br /> (c) Unless the Commission otherwise provides by rule, plans, and specifications for all <br /> wastewater systems designed for the collection, treatment, and disposal of industrial process <br /> wastewater shall be reviewed and approved by the Department prior to the issuance of an <br /> authorization for wastewater system construction by the local health department. <br /> (d) If a local health department repeatedly fails to issue or deny improvement permits <br /> for conventional or accepted septic tank systems within 60days, or within 90 days for <br /> provisional or innovative systems, after receiving completed applications for the permits, then <br /> the Department of Efiv ..,,,,tnefit and ,.r„t,,..,,l Rese ,fees Health and Human Services may <br /> withhold public health funding from that local health department." <br /> SECTION 414.(h) The Commission for Public Health, in consultation with the <br /> Department of Health and Human Services, local health departments, stakeholders who <br /> represent the wastewater system industry, and other interested parties shall study the period of <br /> validity for improvement permits and authorizations for wastewater system construction and <br /> evaluate the costs and benefits of a range of periods of validity. In the conduct of this study, the <br /> Commission shall also evaluate the feasibility and desirability of conducting an abbreviated <br /> review and possible extension of a permit or authorization that is due to expire at a lower cost <br /> to the applicant. The Commission shall report its findings and recommendations, including any <br /> legislative proposals, to the Environmental Review Commission and the Joint Legislative <br /> Oversight Committee on Health and Human Services on or before April 1, 2016. <br /> SECTION 414.(i) Any improvement permit or authorization for wastewater <br /> system construction that is in effect on the effective date of this act which is scheduled to <br /> expire on or before July 1, 2016, shall remain in effect until July 1, 2016. <br /> SECTION 4.14.0) G.S. 130A-342 reads as rewritten: <br /> "§ 130A-342. Residential wastewater treatment systems. <br /> (a) Individual residential wastewater treatment systems that are approved and listed in <br /> accordance with the standards adopted by the National Sanitation Foundation, Inc. for Class I <br /> residential wastewater treatment systems, as set out in Standard 40 of the National Sanitation <br /> Foundation, Inc., (as approved 13 January 2001) as amended, shall be permitted under rules <br /> adopted by the Commission. The Commission may establish standards in addition to those set <br /> by the National Sanitation Foundation, Inc. <br /> (b) A permitted system with a design flow of less than 1,500 gallons per day shall be <br /> operated and maintained by a et:ti e , astev,atet: treatment f,,eility et:ato by a person who <br /> is a Subsurface Water Pollution Control System Operator as certified by the Water Pollution <br /> Control System Operators Certification Commission and authorized by the manufacturer of the <br /> Page 46 Session Law 2015-286 House Bill 765-Ratified <br />
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