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).