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. SL 2019-126. Enacted July 19, 2019. Effective July 19, 2019.
Bill Summaries: H%20761 CLARIFY WASTEWATER PERMITTING LIABILITY.
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Bill H 761 (2019-2020)Summary date: Jul 22 2019 - View Summary
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Bill H 761 (2019-2020)Summary date: Jul 1 2019 - View Summary
Senate amendment to the 2nd edition makes the following changes.
Amends the proposed immunity provisions of GS 130A-335(a2). Establishes that the Department of Health and Human Services, its authorized agents, and local health departments are discharged and released from any liabilities, duties, and responsibilities imposed by statute or in common law from any claim arising out of or attributed to the soil conditions, site features, geologic conditions, or hydrogeologic conditions for which a signed written evaluation is submitted, upon its receipt from the soil scientist or licensed geologist (previously, provided immunity for wastewater system failures that are a direct result of evaluations conducted by a licensed soil scientist or licensed geologist).
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Bill H 761 (2019-2020)Summary date: Apr 30 2019 - View Summary
House committee substitute makes the following changes to the 1st edition.
Deletes the proposed changes to GS 130A-336(b1) and instead modifies the proposed changes to GS 130A-335(a2) to provide that the Department of Health and Human Services, its authorized agents, and local health departments have no liability for wastewater system failures that are a direct result of evaluations conducted by a licensed soil scientist or licensed geologist under subsection (a2) (previously, limited immunity to local health departments and did not specify the evaluation's direct causation of a failure; also specifically included immunity from liability arising from the licensed professionals' site verification). Amends the act's long title.
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Bill H 761 (2019-2020)Summary date: Apr 15 2019 - View 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.