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126 <br /> (2) As part of its petition, the manufacturer shall provide to the Commission all <br /> of the following information: <br /> a. Specifications of the wastewater trench system. <br /> b. Data necessary to demonstrate that the wastewater trench system is <br /> functionally equivalent to a wastewater trench system that is <br /> approved as an accepted wastewater system. <br /> C. A certified statement from an independent, third-party professional <br /> engineer or testing laboratory that, based on verified documentation, <br /> the wastewater trench system is functionally equivalent to an <br /> accepted wastewater system. <br /> (3) Approval of a wastewater trench system as an innovative wastewater system <br /> shall not be conditioned on the manufacturer of the wastewater trench <br /> system having operational systems installed in the State. <br /> (4) The Commission shall authorize the use of a wastewater trench system as an <br /> innovative wastewater system in the same applications as the accepted <br /> wastewater trench system. <br /> (5) The Commission shall not include conditions and limitations in the approval <br /> of a wastewater trench system as an innovative wastewater system that are <br /> not included in the approval of the accepted wastewater trench system. <br /> (h) Accepted Wastewater Dispersal Systems. – A manufacturer of an innovative <br /> wastewater dispersal system that has been in general use in this State for mer-e fliana minimum <br /> of five years may petition the Commission to have the system designated as an accepted <br /> wastewater system as provided in this subsection. The manufacturer shall provide the <br /> Commission with the data and findings of all prior evaluations of the performance of the <br /> systemrsystem in this State and other states referenced in the petition, including disclosure of <br /> any conditions found to result in unacceptable structural integrity, treatment, or hydraulic <br /> performance. In addition, the manufacturer shall provide the Commission with information <br /> sufficient to enable the Commission to fully evaluate the performance of the system in this <br /> State for at least the five-year period immediately preceding the petition. The Commission shall <br /> designate a wastewater system as an accepted wastewater system only if it finds that there is <br /> clear, convincing, and cogent evidence (i) to confirm the findings made by the Department at <br /> the time the Department approved the system as an innovative wastewater system and (ii) that <br /> the system performs in a manner that is equal or superior to a conventional wastewater system <br /> under actual field conditions in this State. The Commission shall specify the circumstances in <br /> which use of the system is appropriate and any conditions and limitations related to the use of <br /> the system. <br /> (i) Miseell-aneetts P on-s—Nonproprietary Wastewater Systems. – <br /> in evaittating applieations rzvr-izgpivvar=ciinzcr-this rscvti6rr-crrea epat4m€�3-c <br /> ma-y eefisttlt y", 4 pefsens T 1,e have peeia tF1n °exp 1 *°1 to en site sttbsttffaeev�,astev�,atef systems <br /> ** m°e-iic� rieeeer <br /> ee ttee-fef this �. esof,the D 4 o sible fe-F <br /> (24 The Department may initiate a review of a nonproprietary wastewater <br /> system and approve the system for en site s„>,suffac-e use n --p—mental <br /> ,asce,v�a tee-system, a eentfotileEti demenstfation V=,cstev�,&teF system, as a <br /> provisional wastewater system or an innovative wastewater system without <br /> having received an application from a manufacturer. The Department may <br /> recommend that the Commission designate a nonproprietary wastewater <br /> system as an accepted wastewater system without having received a petition <br /> from a manufacturer. <br /> aeeepted v�,astev�,ateF system handling tmtfeated septie tank ef9ttent of meFe than twenty fiW <br /> peFeent 0 <br /> Page 52 Session Law 2015-286 House Bill 765-Ratified <br />