Bill Summary for H 761 (2019-2020)

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Bill: CLARIFY WASTEWATER PERMITTING LIABILITY.

Summary date: 

Apr 15 2019
S.L. 2019-126

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 761 (Public) Filed Monday, April 15, 2019
AN ACT TO CLARIFY THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, ITS AUTHORIZED AGENTS, AND LOCAL HEALTH DEPARTMENTS SHALL HAVE NO LIABILITY FOR WASTEWATER SYSTEMS FAILURES THAT ARE A DIRECT RESULT OF CERTAIN EVALUATIONS CONDUCTED BY LICENSED SOIL SCIENTISTS AND LICENSED GEOLOGISTS.
Intro. by Yarborough, McElraft, Carney, Corbin.

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Bill summary

Amends GS 130A-336(b1) by adding that the local health department has no liability for causes of action arising from wastewater improvements or systems designed, constructed, and installed in reliance upon the site verification performed by a licensed soil scientist under (b1).

Amends GS 130A-335(a2) by adding that the applicable permitting authority has no liability for causes of action which arise from wastewater systems constructed or repaired based on evaluations conducted by a licensed soil scientist or licensed geologist under (a2). Makes a technical change.