Section 1

Amends GS 130A-335 concerning wastewater collection, treatment and disposal, as follows. No longer specifies that for the evaluation conducted by a licensed soil scientist or licensed geologist used in developing design and construction features for a new proposed wastewater system or proposed repair project for an existing system, that the evaluation of soil conditions, site features, or geologic and hydrologic conditions must satisfy the requirements of Article 11 (wastewater systems). Amends the process for review of an application for an Improvement Permit to now provide that the application submitted to a local health department must be accompanied by the permit fee, the common form developed by the Department of Health and Human Services (DHHS), and the soil evaluation. Requires the local health department to conduct a completeness review within five business days (was, approve, deny, or notify the applicant that more information is needed within 10 business days). Allows the applicant to cure deficiencies if the application is deemed incomplete; requires making a final decision on completeness within five business days of receiving additional information. Allows the applicant to treat the local health department’s failure to act in the required time frame as a determination of completeness. Requires DHHS to develop a common form to be used as the Improvement Permit. Allows the licensed soil scientist or licensed geologist who submitted the required evaluation to request that an Improvement Permit be revoked or suspended for cause and requires the Permit to be suspended or revoked upon such a written request.

Amends the application process for a Construction Authorization as follows. Allows an Improvement Permit and Construction Authorization to be submitted together. Requires the application to be accompanied by the permit fee and common form as well as any necessary signed and sealed plans or evaluations. Requires the local health department to conduct a completeness review within five business days (was, approve, deny, or notify the applicant that more information is needed within 10 business days). Allows the applicant to cure deficiencies if the application is deemed incomplete; requires making a final decision on completeness within five business days of receiving additional information. Allows the applicant to treat the local health department’s failure to act in the required time frame as a determination of completeness. Allows the applicant to apply for a building permit for a project upon the determination of completeness of the Construction Authorization or Improvement Permit and Construction Authorization by the local health department or if the local health department fails to act within five business days. Allows the Authorized On-Site Wastewater Evaluator or licensed engineer who submitted the required evaluation to request that an Authorization or Permit be revoked or suspended for cause and requires the Authorization or Permit to be suspended or revoked upon such a written request. Requires DHHS to develop a common form to be used as the Construction Authorization.

Adds that a local health department may assess a fee for the Construction Authorization or the Improvement Permit/Construction Authorization combination permit of up to 40% of the fee established for similar systems the department permits.

Requires the wastewater system contractor (was, the contractor or applicant) to notify the local health department of completion of the wastewater system for the inspection and issuance of the operation permit after determination of compliance with the construction authorization.

Exempts proposed wastewater systems submitted to the local health department from the requirements of 15A NCAC 18A .1938(e) (requiring the State to review and approve the system layout on a site plan or plat plans and specifications for all systems serving a design unit with a design flow greater than 3,000 gallons per day, except for specified systems) or 15A NCAC 18A .1938(f) (requiring the state to also review and approve plans and specifications for any industrial process wastewater system required to be designed by a registered professional engineer and any other system so specified by the local health department). Exempts proposals sent to DHHS for review from the statute’s time constraints.

Requires all wastewater systems to either (1) be regulated by DHHS under rules adopted by the Commission for Public Health (Commission) or Commission, (2) conform with the engineered option permit criteria  under GS 130A-336.1 and under rules adopted by the Commission, or (3) conform with the Authorized On-Site Wastewater Evaluator permit criteria under GS 130A-336.2 and rules adopted by the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board except for specified wastewater systems regulated by the Department of Environmental Quality (under current law, option 3 does not exist).

Adds that DHHS or the owner of a wastewater system may file a written complaint with the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board for failure of an Authorized Wastewater Evaluator to adhere to rules adopted by the Commission or Board under Article 11.

Makes additional conforming and technical changes to the statute.

Section 2

Amends GS 130A-335.1 to no longer require that an access device providing access to each compartment of a septic tank for inspection and maintenance be visibly marked so that the access device can be readily located.

Section 3

Amends GS 130A-336.1 , concerning alternative process for wastewater system approvals, as follows. Expands upon when a Notice of Intent to Construct a wastewater system using the engineered permit option is required to include repair of a wastewater system; makes conforming changes. Allow the owner of a proposed wastewater system to apply for a building permit for the project upon receiving the Notice of Intent to Construct by the local health department. Requires the owner to notify the local health department upon completion of installation of the system, adherence to the submitted Notice of Intent to Construct, and the submittal of the Authorization to Operate to the local health department. Deletes the provisions requiring a completeness review of a Notice of Intent to Construct. Removes the requirement of an on-site wastewater system contractor employed by the owner of the wastewater system that where the professional engineer’s designs, plans, and specifications call for the installation of a conventional wastewater system, the designs, plans, and specifications must allow for the installation of an accepted system instead of a conventional system in accordance with the accepted system approval. Removes the provision allowing the local health department to conduct a site visit of the wastewater system at any time. Amends who must be included in the post-construction conference by removing the local health department and DHHS. Adds a copy of the authorization to operate that can be used for the certificate of occupancy for the facility to the documentation that must be submitted by the professional engineer who designed the wastewater system to the owner at the completion of the post-construction conference. Requires the owner to sign the report (was, sign and notarize the report) and specifies that this confirms both acceptance and receipt of the report (was, receipt); makes conforming changes. Expands upon the items that the owner must submit to the local health department to also include a copy of the Authorization to Operate. Deletes provisions related to a letter of confirmation and authorization to operate. Amends the fee provision by removing the current provisions and instead allows the local health department to assess a fee of no more than $35 for filing costs. Provides that a wastewater system authorized under this statute is transferrable to a new owner with the consent of the professional engineer (was, not affected by change in ownership of the site for the system, if the site and the facility the system serves are unchanged and remain under the ownership or control of the person owning the facility). Adds that the new owner and professional engineer must enter a contract for the wastewater system.

Adds that a Notice of Intent to Construct or an Authorization to Operate issued by an engineer under this statute may be revoked by the engineer that issued the Notice or Authorization. Requires written notification of the revocation, citing the specific reason for the revocation, to be sent to the owner; the licensed soil scientist; the licensed geologist, if any; the certified contractor; the local health department; and the certified water pollution control system operator, if any.

Allows the owner to apply for an Improvement Permit or a Construction Authorization from the local health department or obtain a Notice of Intent to Construct to repair a malfunctioning wastewater system initially established under this statute.

Deletes the DHHS’s reporting requirements.

Makes additional conforming and technical changes.

Section 4

Amends GS 130A-336.2, concerning alternative wastewater system approvals for nonengineered systems, as follows. Allows the owner to apply for a building permit for the project upon submitting a complete Notice of Intent to Construct to the local health department. Requires the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board, instead of DHHS, to develop a common form for use as a Notice of Intent to Construct; deletes the specified items that were required to be included in the common form. Deletes the requirements for a completeness review for Notice of Intent to Construct. Deletes the requirement that where the Authorized On-Site Wastewater Evaluator’s designs, plans, and specifications call for the installation of a conventional wastewater system, the designs, plans and specifications must allow for the installation of an accepted system instead of a conventional system in accordance with the accepted system approval. Removes the provision allowing the local health department to conduct a site visit of the wastewater system at any time.

Provides that if necessary to comply with rules adopted by the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board (was, adopted by the Commission), the owner must enter into a contract with a water pollution control system operator. Adds the Authorization to Operate to be used for the certificate of occupancy for the facility to the items the Authorized On-Site Wastewater Evaluator must provide to the owner at the post-construction conference. No longer requires the owner to notarize the document confirming acceptance and receipt of the Authorized On-Site Wastewater Evaluator’s report; makes conforming changes. No longer requires the issuance of an authorization to operate. Deletes the existing fee provisions and instead allows the local health department to assess a fee of no more than $35 for filing costs.

Provides that a wastewater system authorized under this statute is transferrable to a new owner with the consent of the Authorized On-Site Wastewater Evaluator (was, not affected by change in ownership of the site for the system, if the site and the facility the system serves are unchanged). Adds that the new owner and professional engineer must enter a contract for the wastewater system.

Adds that a Notice of Intent to Construct or an Authorization to Operate issued by an Authorized On-Site Wastewater Evaluator may be revoked by the Evaluator that issued the Notice or Authorization. Requires written notification of the revocation, citing the specific reason for the revocation, to be sent to the owner, the licensed soil scientist, the licensed geologist, the certified contractor, the local health department, and the certified water pollution control system operator.

Allows the owner to apply for an Improvement Permit or a Construction Authorization from the local health department or obtain a Notice of Intent to Construct to repair a malfunctioning wastewater system initially established under this statute.

Gives the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board, instead of the Commission, power to adopt rules to implement this statute. Adds that the rules for wastewater systems approved under the alternative wastewater system approvals for nonengineered systems criteria must be at least as stringent as the rules for wastewater systems established by the Commission.

Removes the DHHS’s reporting requirements.

Makes additional conforming and technical changes.

Section 5

Amends GS 130A-337 to allow an applicant to contract with a certified Authorized On-Site Wastewater Evaluator to conduct any required verifications or inspections. Requires the Evaluator to give the applicant written verification that all conditions of the Improvement Permit and Construction Authorization have been met, including a sketch of the wastewater system as verified by the evaluator. Allows the applicant to cover the system and place it into operation after receiving the Evaluator's written verification and requires submitting the verification to the local health department within two business days. Discharges and releases DHHS, DHHS’s authorized agents, and the local health department from any liabilities, duties, and responsibilities imposed by statute or common law from any claim arising out of or attributed to the on-site wastewater system installation. Makes technical changes.

Section 6

Amends GS 130A-343 by adding that the Commission is prohibited from including more restrictive conditions and limitations established in the approval of a wastewater system as Accepted that are not included in the approval in system as Innovative. Sets out the following requirements for a wastewater dispersal system designated as an Accepted wastewater system: (1) the approval must be limited to the manufacturer who submitted the petition and received the Accepted status from the Commission and (2) neither the Commission, DHHS, or any local health department shall condition, delay, or deny the substitution of any Accepted wastewater system based on location of nitrification lines when all parts of the dispersal field can be installed within the approved initial dispersal field area while complying with all Commission rules. No longer allows DHHS to recommend that the Commission designate a nonproprietary wastewater system as an accepted system without having received a petition from a manufacturer. Applies retroactively to any wastewater system approvals issued by the Commission or DHHS.

Section 7

Amends GS 90A-73 by amending the membership of the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board (Certification Board) as follows. Requires that one of the members appointed upon recommendation of the Speaker of the House be (1) a registered (was, employed as an) environmental health specialist and (2) engaged primarily in the inspection of on-site wastewater systems under Article 5, and the operation of onsite wastewater systems (was, engaged primarily in the inspection and permitting of on-site wastewater systems). Amends the qualifications of the member appointed upon the recommendation of the Speaker of the House to require the person be a certified Authorized On-Site Wastewater Evaluator instead of a licensed soil scientist.

Section 8

Amends the Certification Board’s powers and duties in GS 90A-74 to also include implementation of GS 130A-336.2.

Section 9

Adds new Article 6 in GS Chapter 90A, providing as follows. Establishes the nine-member North Carolina On-Site Wastewater Code Council to: (1) develop and amend on-site wastewater system rule proposals for submission to the Commission for Public Health for consideration and adoption and (2) confer with any relevant stakeholders at the discretion of the Council in developing proposed rules. Sets out membership requirements with members appointed by the Governor and NCGA to three-year terms. Provides for filling vacancies, removal of members, election of officers, per diem, and quorum. Requires meeting at least twice a year.

Section 10

Amends GS 87-21 to exempt from Article 2 of GS Chapter 87, Plumbing and Heating Contractors, a person who is a certified on-site wastewater contractor when they are connecting waste plumbing from the facility stub-out to the inlet opening of a septic tank. Amends GS 87-43.1 to exempt from Article 4 of GS Chapter 87, Electrical Contractors, the installation, construction, maintenance, or repair of electrical wiring or devices, appliances, or equipment by a person who is a certified on-site wastewater contractor when wiring the wastewater pump to the control panel for the wastewater system.

Section 11

Amends GS 113A-60 by amending the allowable fee for the review of an erosion and sedimentation control plan and related activities, so that the fee is on the option of the applicant, either (1) calculated on the basis of the number of acres disturbed or (2) no more than $1,000 per lot developed, in the case of a single-family lot that is less than one acre, including a lot that is part of a larger common plan of development.

Section 12

Requires the Department of Environmental Quality (DEQ), by September 1, 2023, to develop a plan for submittal to the US EPA that eliminates any program redundancies between the State's Sedimentation Pollution Control Act of 1973 (Act) and its implementation of requirements for stormwater discharges from construction activities under the 2022 Clean Water Act National Pollution Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities (Construction Permit), 87 Federal Register 3522, through NPDES General Permit NCG010000 (NCG01). Sets out items that must be included in the plan for streamlining permitting requirements. Requires a status report to the Environmental Review Commission quarterly, beginning August 1, 2024, until the NCGA repeals the reporting requirement.

Section 13

Amends GS 160A-317 by adding the following. Sets out the following applicable to a city’s authority to require connection of an owner’s premises to a water or sewer line. Exempts a property owner from mandatory connection to a city’s sewer if: (1) the city has inadequate capacity to transport and treat the proposed new wastewater from the premises at the time of connection or (2) the costs of connection, including the costs of underground piping and connections to the dwelling or building, exceed the costs of installing an on-site wastewater system, with the cost determination assessed by the specified individuals. Exempts a property owner from a mandatory connection to a city's water supply if adequate water pressure cannot be achieved using the same piping size as the meter provides to the owner's premises. Prohibits requiring a property owner to install a larger meter and corresponding larger piping connection, or imposing an increased fee, to achieve adequate water pressure. Sets out additional provisions governing the adequacy of water pressure. Allows a property owner to install a private drinking water well if water pressure is determined to be inadequate and specifies that a city has no liability for the quality or quantity of water or water pressure from a private drinking water well installed under these provisions.

Amends GS 153A-284 by adding that a county may only require connection of an owner’s premises to a sewer line if the county has adequate capacity to transport and treat the proposed new wastewater from the premises at the time of the connection.

Section 14

Amends GS 160D-925 concerning a local government’s regulation of a stormwater control program necessary to comply with an NPDES permit, by no longer allowing the adopting of a regulation that requires financial arrangements to ensure that adequate funds are available for the maintenance and replacement costs of the project. Prohibits a local government from adopting any regulation that requires an owner of a privately owned and maintained stormwater control project to make payments to the local government for the purpose of ensuring assets are available for maintenance, repair, replacement, and reconstruction costs of (1) the owner's stormwater control project or (2) other stormwater control projects within the local government's jurisdiction. Allows a local government to require an owner of a privately owned and maintained stormwater control project to establish and retain funds for maintenance, repair, replacement, and reconstruction costs for the owner's stormwater control project, not to exceed 10% of the stormwater control project's original cost of construction and shall be retained by the owner of the system.

Provides that if, before the above provision becomes effective, a local government has required an owner of a privately owned and maintained stormwater control project to make payments to the local government to ensure assets are available for maintenance, repair, replacement, and reconstruction costs of the owner's stormwater control project or other stormwater control projects within the local government's jurisdiction, the local government must make such funds accessible to the owner to cover necessary maintenance, repair, replacement, and reconstruction costs for the owner's stormwater control project. Specifies that for stormwater control projects in residential communities, if maintenance, repair, replacement, or reconstruction of a project is needed, such funds must be exhausted before the local government may assess costs of the necessary work on individual homeowners within the community or any applicable owner's association.

Section 15

Amends GS 160D-1110 by adding prohibiting a local government from withholding a building permit under the statute where the project does not propose to increase the design daily flow or wastewater strength of the existing system, and the property owner submits an on-site wastewater existing system inspection exemption affidavit. Requires the property owner to affirm that any modifications will meet wastewater system setback requirements.

Requires the Building Code Council, with assistance from the Department of Insurance, to create an on-site wastewater existing system inspection exemption affidavit for distribution to all building inspection departments. Requires the affidavit to inform the property owner of their ability to consult with an authorized on-site wastewater evaluator certified by the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board or an inspector to locate the on-site wastewater existing system and verify system setback requirements prior to executing the affidavit at the option of the property owner. Does not require the property owner to consult with an authorized on-site wastewater evaluator or an inspector to submit an on-site wastewater existing system inspection exemption affidavit to a local health department. Requires the affidavit to be created and distributed by October 1, 2023.

Section 16

Includes a severability clause.