Bill Summary for H 376 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MAKE VARIOUS CHANGES TO ON-SITE WASTEWATER PROVISIONS AND TO MAKE VARIOUS CHANGES TO THE PRIVATE DRINKING WATER WELL PROGRAM ADMINISTRATION AND PERMITTING.Intro. by Brody, Zenger, Riddell.
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Bill summary
House committee substitute to the 1st edition makes the following changes.
Makes the changes to GS 90A-77 and GS 90A-78 effective January 1, 2026, and applicable to applications for certification or certificate renewal on or after that date.
Amends GS 130A-335 to require that the Department determine the validity of proposals from local boards of health seeking modifications or addition to rules established by the Commission based on whether the rules are at least as stringent as those adopted by the Commission and necessary to protect the public health (was, based solely on the necessity to protect public health).
Amends GS 130A-336 to allow the owner of the site where an on-site wastewater system is proposed for installation to waive the site verification before the start of construction of the wastewater system (was, the owner of the site where an on-site wastewater system is proposed for installation may waive the right to a verification visit) by submitting the verification waiver form. Amends the liability waiver provision so that it applies to site condition changes after the issuance of a Construction Authorization no longer limiting it to any Construction Authorization issued after receiving a verification waiver form from the site owner.
Adds the requirement that the application Submittal Rule, 15A NCAC 02T .0604, be implemented so that a letter from either the local county health department or a certified Authorized On-Site Wastewater Evaluator denying the site for all subsurface systems be submitted to the Division by the applicant. Requires adopting a new perment rule consistent with these provisions, at which time this section will expire.
Amends GS 87-96 reinstating the provision concerning conflicts with other laws by providing that any law, rule, or local ordinance establishing standards for testing groundwater resources will prevail over the provisions of Article 7 (North Carolina Well Construction Act) and rules adopted under the Article. Allows a local board of health to adopt more stringent rules for testing of water resources when necessary to protect the public health.
Amends GS 87-97 to require counties to implement the private drinking water well permitting and inspection (was, permitting, inspection, and testing program) established and adopted by the Environmental Management Commission.
Amends GS 130A-39 by excepting testing standards under GS 87-96 from the prohibition on local boards of health from adopting rules concerning the permitting of private water wells.