§ 130A-335. Wastewater collection, treatment and disposal; rules. - North Carolina Statutes

§ 130A‑335.  Wastewatercollection, treatment and disposal; rules.

(a)        A person owning orcontrolling a residence, place of business or a place of public assembly shallprovide an approved wastewater system. Except as may be allowed under anotherprovision of law, all wastewater from water‑using fixtures and appliancesconnected to a water supply source shall discharge to the approved wastewatersystem. A wastewater system may include components for collection, treatmentand disposal of wastewater.

(b)        All wastewatersystems shall be regulated by the Department under rules adopted by theCommission except for the following wastewater systems that shall be regulatedby the Department under rules adopted by the Environmental ManagementCommission:

(1)        Wastewatercollection, treatment, and disposal systems designed to discharge effluent tothe land surface or surface waters.

(2)        Wastewater systemsdesigned for groundwater remediation, groundwater injection, or landfillleachate collection and disposal.

(3)        Wastewater systemsdesigned for the complete recycle or reuse of industrial process wastewater.

(c)        A wastewater systemsubject to approval under rules of the Commission shall be reviewed andapproved under rules of a local board of health in the following circumstances:

(1)        The local board ofhealth, on its own motion, has requested the Department to review its proposedrules concerning wastewater systems; and

(2)        The local board ofhealth has adopted by reference the wastewater system rules adopted by the Commission,with any more stringent modifications or additions deemed necessary by thelocal board of health to protect the public health; and

(3)        The Department hasfound that the rules of the local board of health concerning wastewatercollection, treatment and disposal systems are at least as stringent as rulesadopted by the Commission and are sufficient and necessary to safeguard thepublic health.

(d)        The Department may,upon its own motion, upon the request of a local board of health or upon therequest of a citizen of an affected county, review its findings undersubsection (c) of this section.

The Department shall reviewits findings under subsection (c) of this section upon modification by theCommission of the rules applicable to wastewater systems. The Department maydeny, suspend, or revoke the approval of local board of health wastewatersystem rules upon a finding that the local wastewater rules are not asstringent as rules adopted by the Commission, are not sufficient and necessaryto safeguard the public health, or are not being enforced. Suspension andrevocation of approval shall be in accordance with G.S. 130A‑23.

(e)        The rules of theCommission and the rules of the local board of health shall address at leastthe following: Wastewater characteristics; Design unit; Design capacity; Designvolume; Criteria for the design, installation, operation, maintenance andperformance of wastewater collection, treatment and disposal systems; Soilmorphology and drainage; Topography and landscape position; Depth to seasonallyhigh water table, rock and water impeding formations; Proximity to water supplywells, shellfish waters, estuaries, marshes, wetlands, areas subject tofrequent flooding, streams, lakes, swamps and other bodies of surface orgroundwaters; Density of wastewater collection, treatment and disposal systemsin a geographical area; Requirements for issuance, suspension and revocation ofpermits; and Other factors which affect the effective operation and performanceof wastewater collection, treatment and disposal systems. The rules regardingrequired design capacity and required design volume for wastewater systemsshall provide that exceptions may be granted upon a showing that a system isadequate to meet actual daily water consumption.

(f)         The rules of theCommission and the rules of the local board of health shall classify systems ofwastewater collection, treatment and disposal according to size, type oftreatment and any other appropriate factors. The rules shall provideconstruction requirements, including pretreatment and system controlrequirements, standards for operation, maintenance, monitoring, reporting, andownership requirements for each classification of systems of wastewatercollection, treatment and disposal in order to prevent, as far as reasonablypossible, any contamination of the land, groundwater and surface waters. TheDepartment and local health departments may impose conditions on the issuanceof permits and may revoke the permits for failure of the system to satisfy theconditions, the rules, or this Article. Permits other than improvement permitsshall be valid for a period prescribed by rule. Improvement permits shall bevalid upon a showing satisfactory to the Department or the local healthdepartment that the site and soil conditions are unaltered, that the facility,design wastewater flow, and wastewater characteristics are not increased, andthat a wastewater system can be installed that meets the permittingrequirements in effect on the date the improvement permit was issued.Improvement permits for which a plat is provided shall be valid withoutexpiration. Improvement permits for which a site plan is provided shall bevalid for five years. The period of time for which the permit is valid and astatement that the permit is subject to revocation if the site plan or plat,whichever is applicable, or the intended use changes shall be displayedprominently on both the application form for the permit and the permit.

(f1)       A preconstructionconference with the owner or developer, or an agent of the owner or developer,and a representative of the local health department shall be required for anyauthorization for wastewater system construction issued with an improvementpermit under G.S. 130‑336 when the authorization is greater than fiveyears old. Following the conference, the local health department shall issue arevised authorization for wastewater system construction that includes currenttechnology that can reasonably be expected to improve the performance of thesystem.

(f2)       For each septictank system that is designed to treat 3,000 gallons per day or less of sewage,rules adopted pursuant to subsection (f) of this section shall require the useof an effluent filter to reduce the total suspended solids entering the drainfieldand the use of an access device for each compartment of the septic tank toprovide access to the compartment in order to facilitate maintenance of theseptic tank. The Commission shall not adopt specifications for the effluentfilter and access device that exceed the requirements of G.S. 130A‑335.1.Neither this section nor G.S. 130A‑335.1 shall be construed to prohibitthe use of an effluent filter or access device that exceeds the requirements ofG.S. 130A‑335.1. The Department shall approve effluent filters that meetthe requirements of this section, G.S. 130A‑335.1, and rules adopted bythe Commission.

(g)        Prior to denial ofan improvement permit, the local health department shall advise the applicantof possible site modifications or alternative systems, and shall provide abrief description of those systems. When an improvement permit is denied, thelocal health department shall issue the site evaluation in writing stating thereasons for the unsuitable classification. The evaluation shall also inform theapplicant of the right to an informal review by the Department, the right toappeal under G.S. 130A‑24, and to have the appeal held in the county inwhich the site for which the improvement permit was requested is located.

(h)        Except as providedin this subsection, a chemical or portable toilet may be placed at any locationwhere the chemical or portable toilet can be operated and maintained undersanitary conditions. A chemical or portable toilet shall not be used as areplacement or substitute for a water closet or urinal where a water closet orurinal connected to a permanent wastewater treatment system is required by theNorth Carolina State Building Code, except that a chemical or portable toiletmay be used to supplement a water closet or urinal during periods of peak use.A chemical or portable toilet shall not be used as an alternative to the repairof a water closet, urinal, or wastewater treatment system. It shall be unlawfulto discharge sewage or other waste from a chemical or portable toilet used forhuman waste except into a wastewater system that has been approved by theDepartment under rules adopted by the Commission or by the EnvironmentalManagement Commission or at a site that is permitted by the Department underG.S. 130A‑291.1.  (1957, c. 1357, s. 1; 1973, c. 471, s. 1; c. 476, s. 128; c. 860;1977, c. 857, s. 1; 1979, c. 788, s. 2; 1981, c. 949, s. 3; c. 1127, s. 47;1983, c. 891, s. 2; 1987, c. 267, ss. 1, 2; 1989, c. 727, s. 147; c. 764, ss.6, 7; 1989 (Reg. Sess., 1990), c. 1075, s. 2; 1991 (Reg. Sess., 1992), c. 944,s. 4; 1993, c. 173, s. 5; 1995, c. 285, s. 1; 1995 (Reg. Sess., 1996), c. 585,s. 2; 1996, 2nd Ex. Sess., c. 18, s. 27.31(c); 1998‑126, s. 1; 1998‑217,s. 46(a); 2008‑143, s. 13.)