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125 <br /> at least two consecutive years, has been found to perform acceptably based <br /> on the criteria of the protocol, and is designed and will be installed in a <br /> manner consistent with the system evaluated and approved by the nationally <br /> recognized certification body, the manufacturer may apply to have the <br /> system approved as an innovative wastewater system. <br /> Within 30 days of receipt of the initial application, the Department shall either (i) notify the <br /> manufacturer of any items necessary to complete the application or (ii) notify the manufacturer <br /> that its application is complete. The Department shall publish a notice that the manufacturer has <br /> submitted an application under this subsection in the North Carolina Register and may provide <br /> additional notice to the public via the Internet or by other means. The Department shall receive <br /> public comment on the application for at least 30 days after the date the notice is published in <br /> the North Carolina Register. In making a determination under this subsection, the Department <br /> shall consider the data, findings, and recommendations submitted by the manufacturer and all <br /> public comment. The Department may also consider any other information that the Department <br /> determines to be relevant. The Department shall determine: (i) whether the system performs in <br /> a manner equal or superior to a conventional wastewater syste 1rsystem, in terms of structural <br /> integrity, treatment, and hydraulic performance, (ii) whether the system is constructed of <br /> materials whose physical and chemical properties provide the strength, durability, and chemical <br /> resistance to allow the system to withstand loads and conditions as required by rules adopted by <br /> the Commission; (iii) the circumstances in which use of the system is appropriate; and (iv) any <br /> conditions and limitations related to the use of the system. The Department shall make the <br /> determinations required by this subsection and approve or deny the application within 4,90-90 <br /> days after the Department receives a complete application from a manufacturer. If the <br /> Department fails to act on the application within 180 day-,,2�Q� as of the notice of receipt of the <br /> complete application, the manufacturer may treat the application as denied and challenge the <br /> denial by filing a contested case as provided in Article 3 of Chapter 150B of the General <br /> Statutes. If the Department approves an innovative wastewater system, the Department shall <br /> notify the manufacturer of the approval and specify the circumstances in which use of the <br /> system is appropriate and any conditions and limitations related to the use of the system. <br /> (gl) Approval of Functionally Equivalent Trench Systems as Innovative Systems. - A <br /> manufacturer of a wastewater trench system may petition the Commission to have the <br /> wastewater trench system approved as an innovative wastewater system as provided in this <br /> subsection. <br /> (1) The Commission shall approve a wastewater trench system as an innovative <br /> wastewater system if it finds that there is clear, convincing, and cogent <br /> evidence that the wastewater trench system is functionally equivalent to a <br /> wastewater trench system that is approved as an accepted wastewater <br /> system. A wastewater trench system shall be considered functionally <br /> equivalent to an accepted wastewater trench system if the performance <br /> characteristics of the wastewater trench system satisfy all of the following <br /> requirements: <br /> a. The physical properties and chemical durability of the materials from <br /> which the wastewater trench system is constructed are equal to or <br /> superior to the physical properties and chemical durability of the <br /> materials from which the accepted wastewater trench system is <br /> constructed. <br /> b. The permeable sidewall area and bottom infiltrative area of the <br /> wastewater trench system are equal to or greater than the permeable <br /> sidewall area and bottom infiltrative area of the accepted wastewater <br /> trench system at a field-installed size. <br /> C. The wastewater trench system utilizes a similar method and manner <br /> of function for the conveyance and application of effluent as the <br /> accepted wastewater trench system. <br /> d. The structural integrity of the wastewater trench system is equal to or <br /> superior to the structural integrity of the accepted wastewater trench <br /> system. <br /> e. The wastewater trench system shall provide a field installed system <br /> storage volume equal to or greater than the field installed system <br /> storage volume of the accepted wastewater trench system. <br /> House Bill 765-Ratified Session Law 2015-286 Page 51 <br />