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K MH /IOG 8/16/90 — Rev. A NOTE REGARDING NORTH CAROLINA LAWS AND REGULATIONS 3 3 CONCERNING SEWER LINE TAPS Attached are excerpts from several North Carolina statutes and state rules that may have a bearing on controlling sewer line taps. This note reflects recent conversations with the water quality section of the DEHNR Division of Environmental Management (DEM). (1) "lion—Discharge" Permits The DEM program that is most closely related to sewer line taps is the permit program for "Waste Not Discharged to Surface Waters " - -often referred to as "Non— discharge permits." Under the state rules adopted by the Environmental Management Commission (EMC), non - discharge permits are required, among other things, for sewer systems.* NCAC Title 15A, Subch. 2H, §§ .0200 and .0204. These rules were adopted pursuant to GS § 143- 215.1(a) (2) —(3), which prohibits construction, alteration, or operation of a sewer system without obtaining an EMC permit and complying with its conditions. Under the state rules, a non — discharge permit can be denied on any of five grounds, of which the first is "where necessary to effectuate the purposes of GS Chapter 143, Article 21." (The other four denial grounds involve matters not relevant to this note.) From my conversations with DEM it appears that DEM may deny a sewer line permit on the basis of soil science or engineering considerations, or because the associated treatment system is at capacity, but is unlikely to deny sewer line permits or taps into permitted lines for growth control or zoning — related reasons. I was given no examples of permit conditions that effectuate growth control or zoning purposes. From a read - ing, of the statute and state rules, and from what I can learn about the administration of the non — discharge permit system, I think it is unlikely that DEM would use this permit s stem to control taps into sewer lines except where, the to would overload the capacitv of the treatment system,- or for technical reasons (e-g., en ineerin or soil science reasons). 2. Delegation of Sewer System Permits to Local Governments EMC may delegate to a local government the conduct of the permit program for sewer lines, under authority granted by GS 143- 215.1(f) and 15A NCAC 2H, § .0218. The procedures and criteria for delegation, as spelled out in the statute and rules, are rather complicated. Under the statute, EMC may revoke or suspend its certification of a local program which is not functioning to its satisfaction. * "Sewer systems" are defined'as "pipelines or conduits, pumping stations, and appliances appurtenant thereto." NCAC Title 15A, Subch. 2H, § .0203 (19).