House committee substitute to the 1st edition makes the following changes.
Makes the changes to GS 90A-77 and GS 90A-78 effective January 1, 2026, and applicable to applications for certification or certificate renewal on or after that date.
Amends GS 130A-335 to require that the Department determine the validity of proposals from local boards of health seeking modifications or addition to rules established by the Commission based on whether the rules are at least as stringent as those adopted by the Commission and necessary to protect the public health (was, based solely on the necessity to protect public health).
Amends GS 130A-336 to allow the owner of the site where an on-site wastewater system is proposed for installation to waive the site verification before the start of construction of the wastewater system (was, the owner of the site where an on-site wastewater system is proposed for installation may waive the right to a verification visit) by submitting the verification waiver form. Amends the liability waiver provision so that it applies to site condition changes after the issuance of a Construction Authorization no longer limiting it to any Construction Authorization issued after receiving a verification waiver form from the site owner.
Adds the requirement that the application Submittal Rule, 15A NCAC 02T .0604, be implemented so that a letter from either the local county health department or a certified Authorized On-Site Wastewater Evaluator denying the site for all subsurface systems be submitted to the Division by the applicant. Requires adopting a new perment rule consistent with these provisions, at which time this section will expire.
Amends GS 87-96 reinstating the provision concerning conflicts with other laws by providing that any law, rule, or local ordinance establishing standards for testing groundwater resources will prevail over the provisions of Article 7 (North Carolina Well Construction Act) and rules adopted under the Article. Allows a local board of health to adopt more stringent rules for testing of water resources when necessary to protect the public health.
Amends GS 87-97 to require counties to implement the private drinking water well permitting and inspection (was, permitting, inspection, and testing program) established and adopted by the Environmental Management Commission.
Amends GS 130A-39 by excepting testing standards under GS 87-96 from the prohibition on local boards of health from adopting rules concerning the permitting of private water wells.
VARIOUS ON-SITE WASTEWATER & WELL PROVISIONS.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MAKE VARIOUS CHANGES TO ON-SITE WASTEWATER PROVISIONS AND TO MAKE VARIOUS CHANGES TO THE PRIVATE DRINKING WATER WELL PROGRAM ADMINISTRATION AND PERMITTING.Intro. by Brody, Zenger, Riddell.
Bill History:
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Tue, 11 Mar 2025 House: Filed(link is external)
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Thu, 13 Mar 2025 House: Passed 1st Reading(link is external)
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Wed, 2 Apr 2025 House: Reptd Fav Com Substitute(link is external)
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Wed, 16 Apr 2025 House: Reptd Fav Com Sub 2(link is external)
Bill Summaries:
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Bill H 376 (2025-2026)Summary date: Apr 16 2025 - View Summary
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Bill H 376 (2025-2026)Summary date: Apr 2 2025 - View Summary
House committee substitute to the 1st edition makes the following changes. Makes conforming changes, including to act’s long title. Makes organizational changes.
Section 3.
Removes provisions from GS 130A-335 prohibiting a local board of health from adopting any more stringent modifications or additions to wastewater system rules unless the local board of health has entered into an agreement with the Department of Health and Human Services (DHHS) under GS 143-300.8 (defense of local sanitarians), and DHHS has reviewed and approved the modification or addition. Removes reference to “rules of evidence” as part of the act’s requirement that DHHS determine the validity of proposals from local boards of health seeking modifications or additions to rules established by the Commission based solely on the necessity to protect the public health. Removes references to “evaluating the validity of a local health department's proposed modifications or additions under (c)(3),” as part of DHHS’s obligation to hold public hearings and set out notice requirements. Removes requirement that DHHS review all approved rules adopted by a local health department under this provision every four years and rescind approval for any rule DHHS finds is unnecessary to protect the public health. Removes provisions (1) making improvement permits for which a plat or site plan (was plat) is provided valid without expiration and (2) requiring display of a statement on an application permit and permit that an Improvement Permit or a Construction Authorization is subject to revocation or amendment if the intended use, design daily flow, or site conditions change.
Removes conforming changes to GS 130A-336(a) as well as changes to GS 130A-336(b). Instead, makes the following changes to GS 130A-336(b) (concerning improvement permits and construction authorization). Removes provisions authorizing a local health department to issue a Construction Authorization at the same time as an Improvement Permit. Requires DHHS, the local health department, or the Authorized On-Site Wastewater Evaluator (Evaluator) to verify that the system can be installed and operated according to the specified rules and that it is unchanged from the site conditions found on the Improvement Permit prior to the issuance of a Construction Authorization. Requires DHHS, the local health department, or the Evaluator to delay the start of construction until such verification is provided. Specifies that site verifications are not required prior to beginning a repair of an existing wastewater system unless the verification is required as a condition of the system’s Construction Authorization. Excludes evaluations of long-term acceptance rates or the requirement of pits from verification of site conditions. Provides for waiver of right to verification by the owner, as described. Specifies that DHHS, its employees and agents, local health departments, Evaluators or contractors will have no liability for site condition changes after the issuance of a Construction Authorization for any Construction Authorization after receiving a verification waiver form from the site owner. Makes technical changes to GS 130A-337 and now requires that an inspection by a local health department confirm that a system of wastewater collection conform to the requirements of the Construction Authorization, in addition to the Improvement Permit, rules and Article 11 of GS Chapter 130A.
Applies to permits applied for on or after the act becomes law.
Makes technical changes.
Section 4.
Removes provisions pertaining to a private drinking water well task force.
New Section 4 (was, Section 5).
Removes provisions in GS 87-96(a) that specify that the provisions of any law, rule, or local ordinance which establish standards affording greater protection to groundwater resources or public health, safety, or welfare prevail, within the jurisdiction to which they apply, over the provisions of the NC Well Construction Act (Act) and rules adopted under the Act. Removes a local board of health’s authority to adopt by reference rules adopted by the Environmental Management Commission pursuant to the Act, and may adopt more stringent rules when necessary to protect the public health. Makes conforming changes.
Amends GS 87-97, as follows. Clarifies that the private drinking water well permitting, inspection, and testing program is managed by the Environmental Management Commission. Makes technical changes. Sets ten-business-day deadline for local health department to make a decision on a permit application, with the permit to be issued automatically if the local health department misses the deadline. Clarifies that a permit cannot be denied on the basis of a local government ordinance in addition to local government policy that discourages or prohibits the drilling of new wells. Makes conforming changes to GS 130A-39.
Deletes amendments to GS 87-97(d), (allowing either the local health department or a person certified both as a well contractor and as either a Level IV contractor, inspector, or Authorized On-Site Wastewater Evaluator to conduct a field investigation to evaluate the site on which a private drinking water well is proposed to be located before issuing a permit. Specified that the well contractor of record for a proposed well site cannot perform the field investigation. Specified that the Department of Environmental Quality and its authorized agents and local health departments are not liable for site evaluations performed by a certified well contractor).
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Bill H 376 (2025-2026)Summary date: Mar 11 2025 - View Summary
Amends GS 90A-73 by prohibiting members of the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board from serving more than two consecutive three-year terms. Applies to terms beginning on or after July 1, 2026.
Amends GS 90A-77, as amended, by specifying that the requirement to be met in order to be awarded an on-site wastewater inspector certification that allows an applicant to complete the approved education requirements for the grade IV contractor instead of the specified experience requirements does not apply to a person certified as a grade II contractor. Also adds to the requirements to be met in order to receive an on‑site wastewater contractor or inspector certification that the individual must hold sufficient general liability coverage and professional liability coverage for the project as well as errors and omissions coverage, where applicable.
Amends GS 90A-78 to also require a contractor, inspector, Authorized On-Site Wastewater Evaluator, or Private Compliance Inspector renewing a certification to submit proof that they hold sufficient liability coverage, as required above. Makes conforming changes.
Amends GS 130A-335 by prohibiting a local board of health from adopting any more stringent modifications or additions to wastewater system rules unless the local board of health has entered into an agreement with the Department of Health and Human Services (DHHS) under GS 143-300.8 (defense of local sanitarians), and DHHS has reviewed and approved the modification or addition. Requires DHHS to adopt rules of evidence to determine the validity of proposals from local boards of health seeking modifications or additions to rules established by the Commission based solely on the necessity to protect the public health. Requires DHHS, in evaluating the validity of a local health department's proposed modifications or additions under (c)(3) (requiring a wastewater system subject to approval under rules of the Commission to be reviewed and approved under rules of a local board of health when DHHS has found that the local board’s rules concerning wastewater collection, treatment, and disposal systems are at least as stringent as rules adopted by the Commission and are sufficient and necessary to safeguard the public health), to hold public hearings and set out notice requirements. Requires DHHS to make its findings available to the public before approving or denying a proposed modification or addition. Requires DHHS to review all approved rules adopted by a local health department under this provision every four years and rescind approval for any rule DHHS finds is unnecessary to protect the public health. Makes conforming changes. Makes improvement permits for which a plat or site plan (was plat) is provided valid without expiration (was, improvement permits for which a site plan is provided were valid for five years). Requires displaying a statement on an application permit and permit that an Improvement Permit or a Construction Authorization is subject to revocation or amendment if the intended use, design daily flow, or site conditions change. Makes conforming changes to GS 130A-336 and also adds that DHHS or the local health department may delay the start of construction of any wastewater system until a verification shows that site conditions are unchanged from the issuance of the improvement permit, except that the verification must not include a geological soil assessment; allows the system’s owner to accept or decline the findings of a reassessment of the soils on the site.
Amends GS 130A-337 to also allow an applicant to contract with a licensed engineer instead of a certified Authorized On-Site Wastewater Evaluator to conduct any required verifications or inspections; makes conforming changes. Requires that the installation or repair of a wastewater system be done according to the Improvement Permit and the Construction Authorization, including any noted site modification conditions, or that the specified written verifications be received, before the local health department must issue an operation permit authorizing the residence, place of business, or place of public assembly to be occupied and for the system to be placed into use or reuse. Adds that a local health department may not withhold issuance of an operation permit if the wastewater system was installed or repaired pursuant to the Improvement Permit, Construction Authorization, and any noted conditions at the time of issuance unless the system owner agrees to additional conditions in the operation permit; requires these additional conditions to be recorded in the operation permit.
Establishes the seven-member Private Drinking Water Well Task Force, consisting of the specified members, to study and issue a report to recommend streamlining private drinking water well rules to the Environmental Management Commission. Sets out issues that must be considered. Sets out requirements about meetings, election of a chair, and quorum. Requires a report to the specified NCGA committees and the Environmental Management Commission by December 31, 2025, and terminates the Task Force upon the earlier of the date it transmits its report or December 31, 2025.
Amends GS 87-97, by allowing either the local health department or a person certified both as a well contractor and as either a Level IV contractor, inspector, or Authorized On-Site Wastewater Evaluator to conduct a field investigation to evaluate the site on which a private drinking water well is proposed to be located before issuing a permit. Specifies that the well contractor of record for a proposed well site cannot perform the field investigation. Specifies that the Department of Environmental Quality and its authorized agents and local health departments are not liable for site evaluations performed by a certified well contractor.
Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO MAKE VARIOUS CHANGES TO ON-SITE WASTEWATER PROVISIONS, TO ESTABLISH THE PRIVATE DRINKING WATER WELL TASK FORCE, AND TO ALLOW CERTAIN CERTIFIED WELL CONTRACTORS TO PERFORM WELL SITE EVALUATIONS.