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124 <br /> approval by a nationally recognized certification body must be designed and installed in a <br /> manner consistent with the system evaluated and approved by the nationally recognized <br /> gnized <br /> certification body. The manufacturer shall submit a proposal for evaluation of the system to the <br /> Department. The proposal shall contain procedures for obtaining specified information <br /> necessary to achieve innovative status upon completion of the provisional status. The proposal <br /> for evaluation shall include the design of the system, a description of any laboratory or field <br /> research or testing that will be used to evaluate the system, a description of the research or <br /> testing protocol, and the credentials of the independent laboratory, consultant, or other entity <br /> that will be conducting the research or testing on the system. if t4e system V,as °.,aitt to an <br /> ^f*he evaittation. The proposal may include an evaluation of research and testing conducted in <br /> other states to the extent that the research and testing involves soil types, climate, hydrology, <br /> and other relevant conditions that are comparable to conditions in this State and if the research <br /> or testing was conducted pursuant to a protocol acceptable to the Department. The <br /> manufacturer shall enter into a contract for an evaluation of the performance of the controlled <br /> demonstration wastewater system with an independent laboratory, consultant, or other entity <br /> that has expertise in the evaluation of wastewater systems and that is approved by the <br /> Department. The manufacturer may install up to 200 eertre»°a demenstfatieff provisional <br /> wastewater systems pttFsttaat to apFeteeel appFev°a by the T'.epaFtfnefit on sites that are <br /> suitable for a conventional wastewater system and that have a repair area of sufficient size to <br /> allow installation of a conventional wastewater system, an approved innovative wastewater <br /> system, or an accepted wastewater system if the eefitFelled a°menst..atie,, provisional <br /> wastewater system fails to perform properly. If the eefitFelled a°mefistF `ieff visional <br /> wastewater system is intended for use on sites that are not sttitable, eF t4at aFe pFevisiefially <br /> suitable for a conventional wastewater system, the Department may approve the <br /> installation of the eefitFelled a°mefistF `ieff visional wastewater system if the Department <br /> determines that the manufacturer can provide an acceptable alternative method for collection, <br /> treatment, and disposal-dispersal of the wastewater. The Department shall approve applications <br /> for provisional systems based on approval by a nationally recognized certification body within <br /> 90 days of receipt of a complete application. A manufacturer that chooses to remove its product <br /> from the nationally recognized standard during the provisional approval may continue its <br /> application in this State pursuant to requirements and procedures established by the <br /> Department. <br /> (g) Innovative Systems. —A manufacturer of a wastewater system for on-site subsurface <br /> use <br /> may apply for and <br /> be considered for innovative system status by the Department in one of the following ways: <br /> (1) If the wastewater system has been approved as a provisional wastewater <br /> system pursuant to subsection (f) of this section, the manufacturer may apply <br /> to have the system approved as an innovative wastewater system based on <br /> successful completion of the evaluation protocols established pursuant to <br /> subsection (d) of this section. <br /> ^ maattfaetttFeF of a If the wastewater system f r to sttbs tF f ee ttse t4at. <br /> has not been evaluated or approved as an expeFimeafftala provisional <br /> wastewater system et: as eentr-en°dd€ ttatien V�,astev�,at n <br /> pursuant to subsection (f) of this section, the manufacturer may apply to <br /> the Department to have the system approved as an innovative wastewater <br /> system on the basis of comparable research and testing conducted in other <br /> states. The manufacturer shall provide the Department with the data and <br /> findings of all evaluations of the performance of the system that have been <br /> conducted in any state by or on behalf of the manufacturer. The <br /> manufacturer shall also provide the Department with a summary of the data <br /> and findings of all other evaluations of the performance of the system that <br /> are known to the manufacturer. <br /> (33,) If the wastewater system has not been evaluated or approved as a provisional <br /> system pursuant to subsection (f) of this section, but has been evaluated <br /> under protocol established by a nationally recognized certification body for <br /> Page 50 Session Law 2015-286 House Bill 765-Ratified <br />