§ 130A-343. Approval of on-site subsurface wastewater systems.
§ 130A‑343. Approval ofon‑site subsurface wastewater systems.
(a) Definitions. Asused in this section:
(1) "Acceptedwastewater system" means any wastewater system, other than a conventionalwastewater system, or any technology, device, or component of a wastewatersystem that: (i) has been previously approved as an innovative wastewatersystem by the Department; (ii) has been in general use in this State as aninnovative wastewater system for more than five years; and (iii) has beenapproved by the Commission for general use or use in one or more specificapplications. An accepted wastewater system may be approved for use inapplications for which a conventional wastewater system is unsuitable. TheCommission may impose any design, operation, maintenance, monitoring, andmanagement requirements on the use of an accepted wastewater system that itdetermines to be appropriate.
(2) "Controlleddemonstration wastewater system" means any wastewater system or anytechnology, device, or component of a wastewater system that, on the basis ofacceptable research, is approved by the Department for research, testing, ortrial use under actual field conditions in this State pursuant to a protocolthat has been approved by the Department.
(3) "Conventionalwastewater system", "conventional sewage system", or"conventional septic tank system" means a wastewater system thatconsists of a traditional septic or settling tank and a gravity‑fedsubsurface disposal field that uses washed gravel or crushed stone todistribute effluent to soil in one or more nitrification trenches and that doesnot include any other appurtenance.
(4) "Experimentalwastewater system" means any wastewater system or any technology, device,or component of a wastewater system that is approved by the Department forresearch, testing, or limited trial use under actual field conditions in thisState pursuant to a protocol that has been approved by the Department.
(5) "Innovativewastewater system" means any wastewater system, or any technology, device,or component of a wastewater system that: (i) has been demonstrated to performin a manner equal or superior to a conventional wastewater system; (ii) isconstructed of materials whose physical and chemical properties provide thestrength, durability, and chemical resistance to allow the system to withstandloads and conditions as required by rules adopted by the Commission; and (iii)has been approved by the Department for general use or for one or more specificapplications. An innovative wastewater system may be approved for use inapplications for which a conventional wastewater system is unsuitable. TheDepartment may impose any design, operation, maintenance, monitoring, andmanagement requirements on the use of an innovative wastewater system that itdetermines to be appropriate.
(b) Adoption of RulesGoverning Approvals. The Commission shall adopt rules for the approval andpermitting of experimental, controlled demonstration, innovative, and acceptedwastewater systems. The rules shall address the criteria to be considered priorto issuing a permit for a system, requirements for preliminary design plans andspecifications that must be submitted, methodology to be used, standards formonitoring and evaluating the system, research evaluation of the system, theplan of work for monitoring system performance and maintenance, and anyadditional matters the Commission deems appropriate.
(c) Approved Systems. The Department may modify, suspend, or revoke the approval of a wastewatersystem if the Department determines that the approval is based on false,incomplete, or misleading information or if the Department finds thatmodification, suspension, or revocation is necessary to protect public health,safety, or welfare. The Department shall provide a listing of all approvedexperimental, controlled demonstration, innovative, and accepted wastewatersystems to the local health departments annually, and more frequently, when theDepartment makes a final agency decision related to the approval of a wastewatersystem or the Commission adopts rules related to the approval of a wastewatersystem.
(d) EvaluationProtocols. The Department shall approve one or more nationally recognizedprotocols for the evaluation of on‑site subsurface wastewater systems.Any protocol approved by the Department shall specify a minimum number of sitesthat must be evaluated and the duration of the evaluation period. At therequest of a manufacturer of a wastewater system, the Department may approve analternative protocol for use in the evaluation of the performance of themanufacturer's wastewater system. A protocol for the evaluation of an on‑sitesubsurface wastewater system is a scientific standard within the meaning ofG.S. 150B‑2(8a)h.
(e) ExperimentalSystems. A manufacturer of a wastewater system that is intended for on‑sitesubsurface use may apply to the Department to have the system evaluated as anexperimental wastewater system as provided in this subsection. The manufacturershall submit a proposal for evaluation of the system to the Department. Theproposal for evaluation shall include the design of the system, a descriptionof any laboratory or field research or testing that will be used to evaluatethe system, a description of the research or testing protocol, and thecredentials of the independent laboratory, consultant, or other entity thatwill be conducting the research or testing on the system. The proposal mayinclude an evaluation of research and testing conducted in other states to theextent that the research and testing involves soil types, climate, hydrology,and other relevant conditions that are comparable to conditions in this Stateand if the research or testing was conducted pursuant to a protocol acceptableto the Department. The manufacturer shall enter into a contract for anevaluation of the performance of the experimental wastewater system with anindependent laboratory, consultant, or other entity that has expertise in theevaluation of wastewater systems and that is approved by the Department. Themanufacturer may install up to 50 experimental systems pursuant to a protocolapproved by the Department on sites that are suitable for a conventionalwastewater system and that have a repair area of sufficient size to allowinstallation of a conventional wastewater system, an approved innovativewastewater system, or an accepted wastewater system if the experimentalwastewater system fails to perform properly.
(f) ControlledDemonstration Systems. A manufacturer of a wastewater system intended for on‑sitesubsurface use may apply to the Department to have the system evaluated as acontrolled demonstration wastewater system as provided in this subsection. Themanufacturer shall submit a proposal for evaluation of the system to theDepartment. The proposal for evaluation shall include the design of the system,a description of any laboratory or field research or testing that will be usedto evaluate the system, a description of the research or testing protocol, andthe credentials of the independent laboratory, consultant, or other entity thatwill be conducting the research or testing on the system. If the system wasevaluated as an experimental system under subsection (e) of this section, theproposal shall include the results of the evaluation. The proposal may includean evaluation of research and testing conducted in other states to the extentthat the research and testing involves soil types, climate, hydrology, andother relevant conditions that are comparable to conditions in this State andif the research or testing was conducted pursuant to a protocol acceptable tothe Department. The manufacturer shall enter into a contract for an evaluationof the performance of the controlled demonstration wastewater system with anindependent laboratory, consultant, or other entity that has expertise in theevaluation of wastewater systems and that is approved by the Department. Themanufacturer may install up to 200 controlled demonstration wastewater systemspursuant to a protocol approved by the Department on sites that are suitablefor a conventional wastewater system and that have a repair area of sufficientsize to allow installation of a conventional wastewater system, an approvedinnovative wastewater system, or an accepted wastewater system if the controlleddemonstration wastewater system fails to perform properly. If the controlleddemonstration wastewater system is intended for use on sites that are notsuitable, or that are provisionally suitable, for a conventional wastewatersystem, the Department may approve the installation of the controlleddemonstration wastewater system if the Department determines that themanufacturer can provide an acceptable alternative method for collection,treatment, and disposal of the wastewater.
(g) Innovative Systems. A manufacturer of a wastewater system for on‑site subsurface use thathas been evaluated as an experimental wastewater system as provided insubsection (e) of this section or that has been evaluated as a controlleddemonstration wastewater system as provided in subsection (f) of this sectionmay apply to the Department to have the system approved as an innovativewastewater system as provided in this subsection. A manufacturer of awastewater system for on‑site subsurface use that has not been evaluatedas an experimental wastewater system or as a controlled demonstrationwastewater system may also apply to the Department to have the system approvedas an innovative wastewater system on the basis of research and testingconducted in other states. The manufacturer shall provide the Department withthe data and findings of all evaluations of the performance of the system thathave been conducted in any state by or on behalf of the manufacturer. Themanufacturer shall also provide the Department with a summary of the data andfindings of all other evaluations of the performance of the system that areknown to the manufacturer. The Department shall publish a notice that themanufacturer has submitted an application under this subsection in the NorthCarolina Register and may provide additional notice to the public via theInternet or by other means. The Department shall receive public comment on theapplication for at least 30 days after the date the notice is published in theNorth Carolina Register. In making a determination under this subsection, theDepartment shall consider the data, findings, and recommendations submitted bythe manufacturer and all public comment. The Department may also consider anyother information that the Department determines to be relevant. The Departmentshall determine: (i) whether the system performs in a manner equal or superiorto a conventional wastewater system; (ii) whether the system is constructed ofmaterials whose physical and chemical properties provide the strength, durability,and chemical resistance to allow the system to withstand loads and conditionsas required by rules adopted by the Commission; (iii) the circumstances inwhich use of the system is appropriate; and (iv) any conditions and limitationsrelated to the use of the system. The Department shall make the determinationsrequired by this subsection and approve or deny the application within 180 daysafter the Department receives a complete application from a manufacturer. Ifthe Department fails to act on the application within 180 days, themanufacturer may treat the application as denied and challenge the denial byfiling a contested case as provided in Article 3 of Chapter 150B of the GeneralStatutes. If the Department approves an innovative wastewater system, theDepartment shall specify the circumstances in which use of the system isappropriate and any conditions and limitations related to the use of thesystem.
(h) Accepted Systems. A manufacturer of an innovative wastewater system that has been in general usein this State for more than five years may petition the Commission to have thesystem designated as an accepted wastewater system as provided in thissubsection. The manufacturer shall provide the Commission with the data andfindings of all prior evaluations of the performance of the system. Inaddition, the manufacturer shall provide the Commission with informationsufficient to enable the Commission to fully evaluate the performance of thesystem in this State for at least the five‑year period immediatelypreceding the petition. The Commission shall designate a wastewater system asan accepted wastewater system only if it finds that there is clear, convincing,and cogent evidence (i) to confirm the findings made by the Department at thetime the Department approved the system as an innovative wastewater system and(ii) that the system performs in a manner that is equal or superior to aconventional wastewater system under actual field conditions in this State. TheCommission shall specify the circumstances in which use of the system isappropriate and any conditions and limitations related to the use of thesystem.
(i) MiscellaneousProvisions.
(1) In evaluatingapplications for approval under this section, the Department may consult withpersons who have special training and experience related to on‑sitesubsurface wastewater systems and may form a technical advisory committee forthis purpose. However, the Department is responsible for making timely andappropriate determinations under this section.
(2) The Department mayinitiate a review of a nonproprietary wastewater system and approve the systemfor on‑site subsurface use as an experimental wastewater system, acontrolled demonstration wastewater system, or an innovative wastewater systemwithout having received an application from a manufacturer. The Department mayrecommend that the Commission designate a nonproprietary wastewater system asan accepted wastewater system without having received a petition from amanufacturer.
(j) Warranty Requiredin Certain Circumstances. The Department shall not approve a reduction of thetotal nitrification trench length for an innovative wastewater system oraccepted wastewater system handling untreated septic tank effluent of more thantwenty‑five percent (25%) as compared to the total nitrification trenchlength required for a 36‑inch‑wide conventional wastewater systemunless the manufacturer of the innovative wastewater system or acceptedwastewater system provides a performance warranty for the nitrification trenchsystem to each owner or purchaser of the system for a warranty period of atleast five years from the date on which the wastewater system is placed inoperation. The warranty shall provide that the manufacturer shall provide allmaterial and labor that may be necessary to provide a fully functionalwastewater system. The Commission shall establish minimum terms and conditionsfor the warranty required by this subsection. This subsection shall not beconstrued to require that a manufacturer warrant a wastewater system that isnot properly sized to meet the design load required for a particular use, thatis improperly installed, or that is improperly operated and maintained.
(k) Fees. TheDepartment shall collect the following fees under this section:
(1) Reviewof an alternative protocol under
subsection (d) of this section $1,000.00
(2) Reviewof an experimental system $3,000.00
(3) Reviewof a controlled demonstration system $3,000.00
(4) Reviewof an innovative system $3,000.00
(5) Reviewof an accepted system $3,000.00
(6) Reviewof a residential wastewater treatment
system pursuant to G.S. 130A‑342 $1,500.00
(7) Reviewof a component of a system $ 100.00
(8) Modificationto approved innovative system $1,000.00
(l) On‑SiteWastewater System Account. The On‑Site Wastewater System Account isestablished as a nonreverting account within the Department. Fees collectedpursuant to this section shall be placed in the On‑Site Wastewater SystemAccount and shall be applied only to the costs of implementing this section. (1989, c. 764, s. 10; 1991(Reg. Sess., 1992), c. 944, s. 9; 1995, c. 285, s. 1; 2001‑505, s. 2.2.)