§ 130A-317. Department to provide advice; submission and approval of public water system plans. - North Carolina Statutes

§ 130A‑317.  Departmentto provide advice; submission and approval of public water system plans.

(a)        The Departmentshall advise all persons and units of local government locating, constructing,altering or operating or intending to locate, construct, alter or operate apublic water system of the most appropriate source of water supply and the bestpractical method of purifying water from that source having regard to thepresent and prospective needs and interests of other persons and units of localgovernment which may be affected. The Department shall also advise concerningaccepted engineering practices in the location, construction, alteration andoperation of public water systems.

(b)        All persons andunits of local government constructing or altering a public water system shallgive prior notice and submit plans, specifications and other information to theDepartment. The Commission shall adopt rules providing for the amount of priornotice required to be given and the nature and detail of the plans, specificationsand other information required to be submitted. The Commission shall take intoconsideration the complexity of the construction or alteration which may beinvolved and the resources of the Department to review the plans,specifications and other information. The Department shall review the plans,specifications and other information, and notify the person, UtilitiesCommission and unit of local government of compliance or lack of compliancewith applicable statutes and rules of the Commission.

(c)        No person or unitof local government shall begin construction or alteration of a public watersystem or award a contract for construction or alteration unless all of thefollowing conditions are met:

(1)        The plans forconstruction or alteration have been prepared by an engineer licensed by thisState.

(2)        The Department hasdetermined that the system, as constructed or altered, will be capable ofcompliance with the drinking water rules.

(3)        The Department hasdetermined that the system is capable of interconnection at an appropriate timewith an expanding municipal, county or regional system.

(4)        The Department hasdetermined that adequate arrangements have been made for the continuedoperation, service and maintenance of the public water system.

(5)        The Department hasapproved the plans and specifications.

(d)        Municipalities,counties, local boards or commissions, water and sewer authorities, or groupsof municipalities and counties may establish and administer within theirutility service areas their own approval program in lieu of State approval ofwater system plans required in subsection (c) of this section for constructionor alteration of the distribution system of a proposed or existing public watersystem, subject to the prior certification of the Department. For purposes ofthis subsection, the service area of a municipality shall include only thatarea within the corporate limits of the municipality and that area outside amunicipality in its extraterritorial jurisdiction where water service is alreadybeing provided to the permit applicant by the municipality or connection to themunicipal water system is immediately available to the applicant; the serviceareas of counties and the other entities or groups shall include only thoseareas where water service is already being provided to the applicant by thepermitting authority or connection to the permitting authority's system isimmediately available. No later than the 180th day after the receipt of anapproval program and statement submitted by any local government, commission,authority, or board, the Department shall certify any local program that meetsall of the following conditions:

(1)        Provides byordinance or local law for requirements compatible with those imposed by thisArticle, and the standards and rules adopted pursuant to this Article.

(2)        Provides that theDepartment receives notice and a copy of each application for approval and thatthe Department receives copies of approved plans.

(3)        Provides that plansand specifications for all construction and alterations be prepared by or underthe direct supervision of an engineer licensed to practice in this State.

(4)        Provides for theadequate enforcement of the program requirements by appropriate administrativeand judicial process.

(5)        Provides for theadequate administrative organization, engineering staff, financial and otherresources necessary to effectively carry out its plan review program. A localgovernment, commission, authority, or board may either employ an engineerlicensed under Chapter 89C of the General Statutes to practice as aprofessional engineer in the State or contract with an engineer licensed underChapter 89C of the General Statutes to practice as a professional engineer inthe State in order to provide for adequate engineering staff under thissubdivision.

(6)        Provides that thesystem is capable of interconnection at an appropriate time with an expandingmunicipal, county, or regional system.

(7)        Provides for theadequate arrangement for the continued operation, service, and maintenance ofthe public water system.

(8)        Provides that anapproved system, as constructed or altered, will be capable of compliance withthe drinking water rules.

(9)        Is approved by theDepartment as adequate to meet the requirements of this Article and anyapplicable rules adopted pursuant to this Article.

(e)        The Department maydeny, suspend, or revoke the certification of a local program upon a findingthat a violation of the provisions in subsection (d) of this section hasoccurred. A local government administering an approval program shall be givennotice that there has been a tentative decision to deny, suspend, or revokecertification and that an administrative hearing will be held in accordancewith Chapter 150B of the General Statutes where the decision may be challenged.If a violation of the provisions in subsection (d) of this section presents animminent hazard, certification may be suspended or revoked immediately. TheDepartment shall give notice of the immediate suspension or revocation andnotice that an administrative hearing will be held in accordance with Chapter150B of the General Statutes where the decision may be challenged.

(f)         Notwithstandingany other provisions of subsection (d) of this section, if the Departmentdetermines that a public water system is violating plan approval requirementsof a local program and that the local government has not acted to enforce thoseapproval requirements, the Department may, after written notice to the localgovernment, take enforcement action in accordance with the provisions of thisArticle. (1979,c. 788, s. 1; 1983, c. 891, s. 2; 1985, c. 697, s. 1; 1987, c. 827, s. 1; 2006‑238,s. 1.)