GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 944
The General Assembly of North Carolina enacts:
Section 1. The title of Article 11 of Chapter 130A of the General Statutes reads as rewritten:
"ARTICLE 11.
Sanitary Sewage
Systems.
Wastewater Systems."
Sec. 2. G.S. 130A-333 reads as rewritten:
"§ 130A-333. Purpose.
The General Assembly finds and declares that continued
installation, at a rapidly and constantly accelerating rate, of septic tank
systems and other types of sanitary sewage wastewater systems in
a faulty or improper manner and in areas where unsuitable soil and population
density adversely affect the efficiency and functioning of these systems, has a
detrimental effect on the public health and environment through contamination
of land, groundwater and surface waters. Recognizing, however, that sewage wastewater
can be rendered ecologically safe and the public health protected if
methods of sewage wastewater collection, treatment and disposal
are properly regulated and recognizing that sanitary sewage wastewater
collection, treatment and disposal will continue to be necessary to meet
the needs of an expanding population, the General Assembly intends to ensure
the regulation of sewage wastewater collection, treatment and
disposal systems so that these systems may continue to be used, where
appropriate, without jeopardizing the public health."
Sec. 3. G.S. 130A-334 reads as rewritten:
"§ 130A-334. Definitions.
The following definitions shall apply throughout this Article:
(1) 'Construction' means any work at the site of placement done for the purpose of preparing a residence, place of business or place of public assembly for initial occupancy, or subsequent additions or modifications which increase sewage flow.
(2) Repealed by Session Laws 1985, c. 462, s. 18.
(2a) 'Industrial process wastewater' means any water-carried waste resulting from any process of industry, manufacture, trade, or business.
(3) 'Location' means the initial placement for occupancy of a residence, place of business or place of public assembly.
(3a) 'Maintenance' means normal or
routine maintenance including replacement of broken pipes, cleaning, or
adjustment to an existing sanitary sewage wastewater system.
(4),(5) Repealed by Session Laws 1985, c. 462, s. 18.
(6) 'Place of business' means a store, warehouse, manufacturing establishment, place of amusement or recreation, service station, office building or any other place where people work.
(7) 'Place of public assembly' means a fairground, auditorium, stadium, church, campground, theater or any other place where people assemble.
(8) 'Public or community sewage
wastewater system' means a single system of sewage wastewater
collection, treatment and disposal owned and operated by a sanitary
district, a metropolitan sewage district, a water and sewer authority, a county
or municipality or a public utility.
(9) 'Relocation' means the displacement of a residence or place of business from one site to another.
(9a) 'Repair' means the extension,
alteration, replacement, or relocation of existing components of a sanitary
sewage wastewater system.
(10) 'Residence' means a private home, dwelling unit in a multiple family structure, hotel, motel, summer camp, labor work camp, manufactured home, institution or any other place where people reside.
(11) 'Sanitary sewage system' means
a complete system of sewage collection, treatment and disposal including
approved privies, septic tank systems, connection to public or community sewage
systems, sewage reuse or recycle systems, mechanical or biological treatment
systems, or other such systems.
Properly managed chemical toilets used only for human waste at mass
gatherings, construction sites and labor work camps are considered sanitary
sewage systems.
(12) 'Septic tank system' means a
subsurface sanitary sewage wastewater system consisting of a
settling tank and a subsurface disposal field.
(13) 'Sewage' means the liquid and solid human body waste and liquid waste generated by water-using fixtures and appliances, including those associated with foodhandling. The term does not include industrial process wastewater or sewage that is combined with industrial process wastewater.
(14) 'Wastewater' means any sewage or industrial process wastewater discharged, transmitted, or collected from a residence, place of business, place of public assembly, or other places into a wastewater system.
(15) 'Wastewater system' means a system of wastewater collection, treatment, and disposal including approved privies, septic tank systems, connection to public or community wastewater systems, wastewater reuse or recycle systems, mechanical or biological treatment systems, other such systems, or chemical toilets used only for human waste."
Sec. 4. G.S. 130A-335 reads as rewritten:
"§
130A-335. Sanitary sewage Wastewater collection, treatment
and disposal; rules.
(a) A person owning or
controlling a residence, place of business or a place of public assembly shall
provide a sanitary sewage wastewater system. A sanitary sewage
wastewater system may include components for collection, treatment
and disposal of sewagewastewater.
(b) Any public or
community sanitary sewage system and any sanitary sewage system which is
designed to discharge effluent to the land surface or surface waters shall be
approved by the Department under rules adopted by the Environmental Management
Commission. All other sanitary sewage wastewater systems
shall be approved regulated by the Department under rules adopted
by the Commission for Health Services. except for the following
wastewater systems that shall be regulated by the Department under rules
adopted by the Environmental Management Commission:
(1) Wastewater systems designed to discharge effluent to the land surface or surface waters.
(2) Wastewater systems designed for groundwater remediation, groundwater injection, or landfill leachate collection and disposal.
(3) Wastewater systems designed for the complete recycle or reuse of industrial process wastewater.
(c) A sanitary sewage wastewater
system subject to approval under rules of the Commission shall be reviewed
and approved under rules of a local board of health in the following
circumstances:
(1) The local board of
health, on its own motion, has requested the Department to review its proposed
rules concerning sanitary sewage wastewater systems; and
(2) The local board of
health has adopted by reference the sanitary sewage wastewater system
rules adopted by the Commission, with any more stringent modifications or
additions deemed necessary by the local board of health to protect the public
health; and
(3) The Department has
found that the rules of the local board of health concerning sanitary sewage
wastewater collection, treatment and disposal systems are at least
as stringent as the Commission's rules, rules adopted by the
Commission and are sufficient and necessary to safeguard the public health.
(d) The Department may, upon its own motion, upon the request of a local board of health or upon the request of a citizen of an affected county, review its findings under subsection (c) of this section.
The Department shall review its findings under subsection (c)
of this section upon modification by the Commission of the Commission's
sanitary sewage system rules. rules applicable to wastewater
systems. The Department may deny, suspend, or revoke the approval of
local board of health sanitary sewage wastewater system rules
upon a finding that the local sewage wastewater rules are not as
stringent as the Commission's rules, rules adopted by the Commission,
are not sufficient and necessary to safeguard the public health, or are not
being enforced. Suspension and revocation of approval shall be in
accordance with G.S. 130A-23.
(e) The rules of the
Commission and the rules of the local board of health shall address at least
the following: Sewage Wastewater characteristics; Design unit;
Design capacity; Design volume; Criteria for the design, installation,
operation, maintenance and performance of sanitary sewage wastewater collection,
treatment and disposal systems; Soil morphology and drainage; Topography and
landscape position; Depth to seasonally high water table, rock and water
impeding formations; Proximity to water supply wells, shellfish waters,
estuaries, marshes, wetlands, areas subject to frequent flooding, streams,
lakes, swamps and other bodies of surface or groundwaters; Density of sanitary
sewage wastewater collection, treatment and disposal systems in a
geographical area; Requirements for issuance, suspension and revocation of
permits; and Other factors which affect the effective operation and performance
of sanitary sewage wastewater collection, treatment and disposal
systems. The rules regarding required design capacity and required design
volume for sanitary sewage wastewater systems shall provide that
exceptions may be granted upon a showing that a system is adequate to meet
actual daily water consumption.
(f) The rules of
the Commission and the rules of the local board of health shall classify sanitary
systems of sewage wastewater collection, treatment and
disposal according to size, type of treatment and any other appropriate
factors. The rules shall provide construction requirements, standards for
operation and ownership requirements for each classification of sanitary systems
of sewage wastewater collection, treatment and disposal in order
to prevent, as far as reasonably possible, any contamination of the land,
groundwater and surface waters. The Department and local health departments may
impose conditions on the issuance of permits and may revoke the permits for
failure of the system to satisfy the conditions, the rules or this Article. The
permits shall be valid for a period prescribed by the rules, except that
improvement permits shall be valid for a period of five years, and may be
renewed upon a showing satisfactory to the Department or the local health
department that the system is in compliance with the current rules and this
Article. The period of time for which the permit is valid and a statement
that the permit is subject to revocation if site plans or the intended use
change shall be displayed prominently on both the application form for the permit
and the permit.
(g) Prior to denial of an improvement permit, the local health department shall advise the applicant of possible site modifications or alternative systems, and shall provide a brief description of those systems. When an improvement permit is denied, the local health department shall issue the site evaluation in writing stating the reasons for the unsuitable classification. The evaluation shall also inform the applicant of the right to an informal review by the Department, the right to appeal under G.S. 130A-24, and to have the appeal held in the county in which the site for which the improvement permit was requested is located.
(h) It shall be unlawful
to discharge sewage or other waste from chemical or portable toilets used for
human waste at places of public assembly, construction sites, or labor camps
except into a sanitary sewage wastewater system which has
been approved by the Department."
Sec. 5. G.S. 130A-336 reads as rewritten:
"§ 130A-336. Improvement permit required.
(a) No person shall
commence or assist in the construction, location, or relocation of a residence,
place of business, or place of public assembly in an area not served by an
approved sanitary sewage wastewater system unless an improvement
permit is obtained from the local health department. This requirement
shall not apply to a residence exhibited for sale or stored for later sale and
intended to be located at another site after sale.
(b) The local health
department shall issue an improvement permit authorizing work to proceed and
the installation or repair of a sanitary sewage wastewater system
when it has determined after a field investigation that the system can be
installed and operated in compliance with this Article and rules adopted
pursuant to this Article. No person shall commence or assist in the
installation, construction, or repair of a sanitary sewage system, other
than a connection to an approved public or community sewage system or
maintenance of a sanitary sewage system, wastewater system unless an
improvement permit has been obtained from the Department or the local
health department. No improvement permit shall be required for
maintenance of a wastewater system. The Department and the local
health department may impose conditions on the issuance of an improvement
permit.
(c) Unless the Commission otherwise provides by rule, plans, and specifications for all wastewater systems designed for the collection, treatment, and disposal of industrial process wastewater shall be reviewed and approved by the Department prior to the issuance of an improvement permit by the local health department."
Sec. 6. G.S. 130A-337 reads as rewritten:
"§ 130A-337. Inspection; operation permit or certificate of completion required.
(a) No sanitary system
of sewage wastewater collection, treatment and disposal shall be
covered or placed into use by any person until an inspection by the local
health department has determined that the system has been installed or repaired
in accordance with any conditions of the improvement permit, the rules and this
Article.
(b) Upon determining that the system is properly installed or repaired and that the system is capable of being operated in accordance with the conditions of the improvement permit, the rules, this Article and any conditions to be imposed in the operation permit, the local health department shall issue an operation permit authorizing the residence, place of business or place of public assembly to be occupied and for the system to be placed into use. However, if the system is limited to a single septic tank system without a pump or other appurtenances serving a single one-family dwelling, then a certificate of completion shall be issued instead of an operation permit; also, if the system is limited to a single septic tank system without a pump or other appurtenances serving a single residence other than a one-family dwelling, or serving a place of business or a place of public assembly and having a design daily flow of not more than 480 gallons, then a certificate of completion shall be issued instead of an operation permit. A certificate of completion shall be issued when the septic tank system is properly installed or repaired and is capable of being operated in accordance with the conditions of the improvement permit, the rules and this Article.
(c) Upon determination
that an existing sanitary sewage wastewater system has a valid
operation permit or a valid certificate of completion and is operating properly
in a manufactured home park, the local health department shall issue
authorization in writing for a manufactured home to be connected to the
existing system and to be occupied. Notwithstanding G.S. 130A-336, an
improvement permit is not required for the connection of a manufactured home to
an existing system with a valid operation permit or a valid certificate of
completion in a manufactured home park.
(d) No person shall
occupy a residence, place of business or place of public assembly, or place a sanitary
sewage wastewater system into use or reuse for a residence, place of
business or place of public assembly until an operation permit or a certificate
of completion has been issued or authorization has been obtained pursuant to
G.S. 130A-337(c)."
Sec. 7. G.S. 130A-341 reads as rewritten:
"§ 130A-341. Consideration of a site with existing fill.
Upon application to the local health department, a site that
has existing fill, including one on which fill material was placed prior to
July 1, 1977, and that has sand or loamy sand for a depth of at least 36 inches
below the existing ground surface, shall be evaluated for an on-site sewage wastewater
system. The Commission for Health Services shall adopt rules
to implement this section."
Sec. 8. G.S. 130A-342 reads as rewritten:
"§ 130A-342. Aerobic systems.
(a) Individual aerobic
sewage treatment plants that are approved and listed in accordance with the
standards adopted by the the National Sanitation Foundation, Inc. for
Class I sewage treatment plants as set out in Standard 40, as amended, shall be
permitted under rules promulgated by the Commission for Health Services. Commission.
The Commission for Health Services may establish standards in
addition to those set by the National Sanitation Foundation, Inc.
(b) A permitted plant shall be operated and maintained by a certified wastewater treatment facility operator employed by or under contract to the county in which the plant is located.
(c) The performance of individual aerobic treatment plants is to be documented by the counties and sent to the Department of Environment, Health, and Natural Resources."
Sec. 9. G.S. 130A-343 reads as rewritten:
"§ 130A-343. Experimental and innovative systems permitted.
(a) The Commission for
Health Services shall adopt rules for the approval and permitting of
experimental and innovative sanitary sewage wastewater systems.
The rules shall address the criteria to be considered prior to issuing a permit
for such a system, requirements for preliminary design plans and specifications
that must be submitted, methodology to be used, standards for monitoring and
evaluating the system, research evaluation of the system, the plan of work for
monitoring system performance and maintenance, and any additional matters the
Commission for Health Services deems appropriate.
(b) The Commission for
Health Services shall adopt rules governing the operation and maintenance
of experimental and innovative sanitary sewage wastewater systems
approved and permitted under subsection (a) of this section."
Sec. 10. G.S. 130A-39 reads as rewritten:
"§ 130A-39. Powers and duties of a local board of health.
(a) A local board of health shall have the responsibility to protect and promote the public health. The board shall have the authority to adopt rules necessary for that purpose.
(b) A local board of
health may adopt a more stringent rule in an area regulated by the Commission
for Health Services or the Environmental Management Commission where, in the
opinion of the local board of health, a more stringent rule is required to
protect the public health; otherwise, the rules of the Commission for Health
Services or the rules of the Environmental Management Commission shall prevail
over local board of health rules. However, a local board of health may not
adopt a rule concerning the grading and permitting of food and lodging
facilities as listed in Part 6 of Article 8 of this Chapter and a local board
of health may adopt rules concerning sanitary sewage wastewater collection,
treatment and disposal systems which are not designed to discharge effluent to
the land surface or surface waters and which are not public or community
systems only in accordance with G.S. 130A-335(c).
(c) The rules of a local board of health shall apply to all municipalities within the local board's jurisdiction.
(d) Not less than 10 days before the adoption, amendment or repeal of any local board of health rule, the proposed rule shall be made available at the office of each county clerk within the board's jurisdiction, and a notice shall be published in a newspaper having general circulation within the area of the board's jurisdiction. The notice shall contain a statement of the substance of the proposed rule or a description of the subjects and issues involved, the proposed effective date of the rule and a statement that copies of the proposed rule are available at the local health department. A local board of health rule shall become effective upon adoption unless a later effective date is specified in the rule.
(e) Copies of all rules shall be filed with the secretary of the local board of health.
(f) A local board of health may, in its rules, adopt by reference any code, standard, rule or regulation which has been adopted by any agency of this State, another state, any agency of the United States or by a generally recognized association. Copies of any material adopted by reference shall be filed with the rules.
(g) A local board of
health may impose a fee for services to be rendered by a local health
department, except where the imposition of a fee is prohibited by statute or
where an employee of the local health department is performing the services as
an agent of the State. Notwithstanding any other provisions of law, a
local board of health may impose cost-related fees for services performed
pursuant to Article 11 of this Chapter, 'Sanitary Sewage Systems,' 'Wastewater
Systems,' and services performed pursuant to Part 10, Article 8 of this
Chapter, 'Public Swimming Pools.' Fees shall be based upon a plan
recommended by the local health director and approved by the local board of
health and the appropriate county board or boards of commissioners. The
fees collected under the authority of this subsection are to be deposited to
the account of the local health department so that they may be expended for
public health purposes in accordance with the provisions of the Local
Government Budget and Fiscal Control Act."
Sec. 11. G.S. 130A-22 reads as rewritten:
"§ 130A-22. Administrative penalties.
(a) The Secretary may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Commission pursuant to Article 9, or any order issued under Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty shall not exceed five thousand dollars ($5,000) per day in the case of a violation involving nonhazardous waste. The penalty shall not exceed twenty-five thousand dollars ($25,000) per day in case of a first violation involving hazardous waste as defined in G.S. 130A-290 or involving the disposal of medical waste as defined in G.S. 130A-290 in or upon water in a manner that results in medical waste entering waters or lands of the State; and shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation involving the disposal of medical waste as defined in G.S. 130A-290 in or upon water in a manner that results in medical waste entering waters or lands of the State. If a person fails to pay a civil penalty within 60 days after the final agency decision or court order has been served on the violator, the Secretary shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. Such civil actions must be filed within three years of the date the final agency decision or court order was served on the violator.
(a1) Part 5 of Article 21A of Chapter 143 of the General Statutes shall apply to the determination of civil liability or penalty pursuant to subsection (a) of this section.
(b) The Secretary may impose an administrative penalty on a person who violates G.S. 130A-325. Each day of a continuing violation shall constitute a separate violation. The penalty shall not exceed twenty-five thousand dollars ($25,000) for each day the violation continues.
(c) The Secretary may
impose an administrative penalty on a person who willfully violates Article 11
of this Chapter, rules adopted by the Commission pursuant to Article 11 or any
condition imposed upon a permit issued under Article 11. An
administrative penalty may not be imposed upon a person who establishes that
neither the site nor the system may be improved or a new system installed so as
to comply with Article 11 of this Chapter. Each day of a continuing
violation shall constitute a separate violation. The penalty shall not
exceed fifty dollars ($50.00) per day in the case of a sewage wastewater
collection, treatment and disposal system with a design daily flow of no
more than 480 gallons or in the case of any system serving a single one-family
dwelling. The penalty shall not exceed three hundred dollars ($300.00)
per day in the case of a sewage wastewater collection, treatment
and disposal system with a design daily flow of more than 480 gallons which
does not serve a single one-family dwelling.
(c1) The Secretary may impose a monetary penalty on a vendor who violates rules adopted by the Commission pursuant to Article 13 of this Chapter when the Secretary determines that disqualification would result in hardship to participants in the Women, Infants, and Children (WIC) program. The penalty shall be calculated using the following formula: multiply five percent (5%) times the average dollar amount of the vendor's monthly redemptions of WIC food instruments for the 12-month period immediately preceding disqualification, then multiply that product by the number of months of the disqualification period determined by the Secretary.
(d) In determining the amount of the penalty in subsections (a), (b) and (c), the Secretary shall consider the degree and extent of the harm caused by the violation and the cost of rectifying the damage.
(e) A person contesting a penalty shall, by filing a petition pursuant to G.S. 150B-23(a) not later than 30 days after receipt by the petitioner of the document which constitutes agency action, be entitled to an administrative hearing and judicial review in accordance with Chapter 150B of the General Statutes, the Administrative Procedure Act.
(f) The Commission shall adopt rules concerning the imposition of administrative penalties under this section.
(g) The Secretary may bring a civil action in the superior court of the county where the violation occurred or where the defendant resides to recover the amount of the administrative penalty whenever a person:
(1) Who has not requested an administrative hearing in accordance with subsection (e) of this section fails to pay the penalty within 60 days after being notified of the penalty; or
(2) Who has requested an administrative hearing fails to pay the penalty within 60 days after service of a written copy of the final agency decision.
(h) A local health
director may impose an administrative penalty on any person who willfully
violates the sewage wastewater collection, treatment, and
disposal rules of the local board of health adopted pursuant to G.S.
130A-335(c) or who willfully violates a condition imposed upon a permit issued
under the approved local rules. An administrative penalty may not be
imposed upon a person who establishes that neither the site nor the system may
be improved or a new system installed so as to comply with Article 11 of this
Chapter. The local health director shall establish and recover the amount
of the administrative penalty in accordance with subsections (d) and (g).
Each day of a continuing violation shall constitute a separate violation.
The penalty shall not exceed fifty dollars ($50.00) per day in the case of a sewage
wastewater collection, treatment and disposal system with a design
daily flow of no more than 480 gallons or in the case of any system serving a
single one-family dwelling. The penalty shall not exceed three hundred
dollars ($300.00) per day in the case of a sewage wastewater collection,
treatment and disposal system with a design daily flow of more than 480 gallons
which does not serve a single one-family dwelling. A person contesting a
penalty imposed under this subsection shall be entitled to an administrative
hearing and judicial review in accordance with G.S. 130A-24. A local
board of health shall adopt rules concerning the imposition of administrative
penalties under this subsection."
Sec. 12. G.S. 143-215.1 is amended by adding a new subsection to read:
"(a1) The Department shall regulate wastewater systems under rules adopted by the Commission for Health Services pursuant to Article 11 of Chapter 130A of the General Statutes except as otherwise provided in this subsection. No permit shall be required under this section for a wastewater system regulated under Article 11 of Chapter 130A of the General Statutes. The following wastewater systems shall be regulated by the Department under rules adopted by the Commission:
(1) Wastewater systems designed to discharge effluent to the land surface or surface waters.
(2) Wastewater systems designed for groundwater remediation, groundwater injection, or landfill leachate collection and disposal.
(3) Wastewater systems designed for the complete recycle or reuse of industrial process wastewater."
Sec. 13. G.S. 153A-274 reads as rewritten:
"§ 153A-274. Public enterprise defined.
As used in this Article, 'public enterprise' includes:
(1) Water supply and distribution systems,
(2) Sewage collection Wastewater
collection, treatment, and disposal systems of all types, including septic
tank systems or other on-site collection or disposal facilities or systems,
(3) Solid waste collection and disposal systems and facilities,
(4) Airports,
(5) Off-street parking facilities,
(6) Public transportation systems,
(7) Structural and natural stormwater and drainage systems of all types."
Sec. 14. G.S. 160A-311 reads as rewritten:
"§ 160A-311. Public enterprise defined.
As used in this Article, the term 'public enterprise' includes:
(1) Electric power generation, transmission, and distribution systems;
(2) Water supply and distribution systems;
(3) Sewage collection Wastewater
collection, treatment, and disposal systems of all types, including septic
tank systems or other on-site collection or disposal facilities or systems;
(4) Gas production, storage, transmission, and distribution systems, where systems shall also include the purchase and/or lease of natural gas fields and natural gas reserves, the purchase of natural gas supplies, and the surveying, drilling and any other activities related to the exploration for natural gas, whether within the State or without;
(5) Public transportation systems;
(6) Solid waste collection and disposal systems and facilities;
(7) Cable television systems;
(8) Off-street parking facilities and systems;
(9) Airports;
(10) Structural and natural stormwater and drainage systems of all types."
Sec. 15. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 14th day of July, 1992.
James C. Gardner
President of the Senate
Daniel Blue, Jr.
Speaker of the House of Representatives