Bill Summary for H 627 (2023-2024)

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Summary date: 

Apr 27 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 627 (Public) Filed Monday, April 17, 2023
AN ACT TO DIRECT THE COMMISSION FOR PUBLIC HEALTH TO IMPLEMENT ITS ON-SITE WASTEWATER RULES DIFFERENTLY AND READOPT ITS RULES CONSISTENT WITH THAT IMPLEMENTATION.
Intro. by Brody, Dahle, N. Jackson, Cairns.

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Bill summary

House committee substitute amends the 1st edition as follows.

Section 1

Amends the directives relating to the implementation of 15 NCAC 18E.0102 (Applicability), now requiring all wastewater systems to comply with Rule .1300 (was .1303(a)(1)) of Subchapter E, 15A NCAC 18.

Section 2

Regarding the directives relating to the implementation of 15 NCAC 18E .0105 (Definitions), adds that (1) accessory dwelling units are not considered a separate dwelling unit when sizing a septic tank for a primary and accessory dwelling unit, and (2) when in common ownership as the primary dwelling unit, the addition of an accessory dwelling unit does not require a multiparty agreement.

Section 4

Amends the directives relating to the implementation of 15A NCAC 18E .0203 (Improvement Permit), now requiring improvement permits to include the usable depth to a limiting condition for a long-term acceptance rate for initial and repair systems and maximum trench depth that considers percent slope (for initial and repair systems and percent slope).

Section 5

Amends the directives relating to the implementation of 15 NCAC 18E .0206 (Existing System Approvals for Recommendations and Property Additions), deeming the owner (rather than the "applicant") responsible for providing property lines and modifications, locating the existing wastewater system and providing that information to the specified entity or professional, as applicable, ensuring the accuracy of the information provided in the application, and ensuring that all setback requirements under rule .600, Subchapter E, 15A NCAC 18 are met for the addition.

Section 6

Amends the directives relating to the implementation of 15A NCAC 18E .0207 (Alternative Wastewater System Permitting Options). For systems issued an engineer option permit, allows the engineer to use pretreatment technologies (previously, technologies generally) not approved in the State provided the attached report to the authorization specifies the technology and the manufacturer's approval for the site conditions. Makes the owner (was, the applicant) responsible for preventing modifications or alterations of the site, obtaining professional approvals prior to described changes, and identifying wells, water supplies, and wastewater systems within and adjoining the property within setback requirements. Authorizes the owner (was, the applicant) to obtain an improvement permit, construction authorization, or notice of intent to construct, as applicable.

Section 7

Amends the directive relating to the implementation of 15A NCAC 18E .0301 (Owners), now requiring the entire initial wastewater system and repair area to be on property controlled by the wastewater system owner (previously, barred requiring the initial system and repair area to be on the property owned or controlled by the system owner). Adds that property is considered controlled by the wastewater system owner when the owner has an easement or encroachment agreement for the property where the system or repair area is located. 

Section 8

Amends the directive relating to the implementation of 15 NCAC 18E .0303 (Licensed or Certified Professionals), adding a requirement for wastewater systems with adjusted design daily flow pursuant to Rule .0403 to be designed by a professional engineer if used in combination with another condition listed in Rule .0303.

Section 13

Amends the directives relating to the implementation of 15 NCAC 18E .0508 (Available Space Rule), specifying that a wastewater system certified in accordance with NSF International Standard 350 or that has data from a two-year field demonstration documenting that the wastewater system meets NSF International Standard 350 or better may eliminate the requirement for repair area when installed in Group I soils and that include classification as a Type VI(b) pursuant to 15 NCAC 18E .1301 (was, when installed in Group I soils).

Section 14

Adds a new directive requiring the Commission for Public Health to implement 15A NCAC 18E .0801 (Septic Tank Capacity Requirements) by not requiring septic tanks for multiple dwelling units to be sized pursuant to Table XV of Rule .0801. Requires the minimum septic tank capacity serving two or more dwelling units to be based on the total design daily flow of 120 gallons per day per bedroom or 60 gallons per day per occupant for all dwelling units. Directs the Commission to adopt a rule amending this Rule consistent with the described directive. Renumbers the remaining sections of the act.

Section 15

Amends the directives relating to 15A NCAC 18E .0805 (Tank Leak Testing and Installation Requirements), more specifically requiring that for a hydrostatic test, the tanks for corrugated tanks must be filled to the bottom of the uppermost corrugation that forms the top of the tank. 

Section 16

Eliminates the directives regarding the implementation of 15A NCAC 18E .0905 (Prefabricated Permeable Block Panel Systems). 

Section 18

Amends the directives regarding the implementation of 15A NCAC 18E .1101 (General Dosing System Requirements), to require the installer of the system to give the local health department the option to witness the dosing system test (previously, barred requiring the test to be witnessed by the local health department, but required the local department to witness tests for systems permitted by the department). 

Section 20

Amends the directives relating to the implementation of 15 NCAC 18E .1306 (System Malfunction and Repair) to generally require wastewater systems to be repaired to eliminate public health hazards. Concerning the authority granted and procedures required for owners to request and make certain noncompliant repairs, no longer specifies that the request is limited to when it is not possible to repair a wastewater system into compliance with the Rules of Subchapter E, 15A NCAC 18.

Section 21

Adds a new directive requiring the Commission for Public Health to implement 15A NCAC 18E .1713 (Local Health Department Responsibilities) by allowing systems designated as Accepted in an equivalent manner to a conventional system without the owner having to request equivalent treatment from the department.