GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 687

Short Title:  Improvement Permits/Sewage Systems.	(Public)

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Sponsors: Senators Warren, Albertson, Martin of Guilford, Edwards, Dannelly, and Rand.

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Referred to:  Agriculture/Environment/Natural Resources

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April 13, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR IMPROVEMENT PERMITS FOR SEWAGE DISPOSAL SYSTEMS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-335(f) reads as rewritten:
"(f)	The rules of the Commission and the rules of the local board of health shall classify systems of 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 systems of 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 and authorizations shall be valid for a period prescribed by the rules, except that improvement permits shall be valid without expiration upon a showing satisfactory to the Department or the local health department that the site and soil conditions are unaltered, the facility construction plans are not changed, the design wastewater flow of the facility is not increased and the wastewater characteristics are not increased, and a wastewater system can be installed that meets the site permitting requirements in effect on the date the improvement permit was issued and the provisions of 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."
Sec. 2.  G.S. 130A-336 reads as rewritten:
"§ 130A-336.  Improvement permit and construction authorization required.
(a)	Any proposed site for a residence, place of business, or place of public assembly in an area not served by an approved wastewater system shall be evaluated by the local health department in accordance with the rules of the Commission.  An improvement permit issued in compliance with the rules of the Commission shall include:  a description of the facility the proposed site is to serve; recommended wastewater system; design wastewater flow and characteristics; plat of the property showing the specific location of the facility, site for the proposed wastewater system, property lines, water supplies, surface waters; conditions for any site modifications; and other information required by the rules of the Commission.  The improvement permit shall not be affected by change in ownership of the site for the wastewater system provided the site for the wastewater system and the facility it is to serve remains under the ownership or control of the person owning the facility.  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 wastewater system unless an improvement permit and authorization for wastewater system construction 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 authorization for wastewater system construction  authorizing work to proceed and the installation or repair of a wastewater system when the person installing the wastewater system submits to the local health department the proposed system and system layout and the local health department has determined after a field investigation that the conditions of the improvement permit are met, and that the proposed 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 wastewater system unless an authorization for wastewater system construction has been obtained from the local health department. No improvement permit or authorization for wastewater system construction 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 and an authorization for wastewater system construction.
(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. 3.  G.S. 130A-337 reads as rewritten:
"§ 130A-337.  Inspection; operation permit required.
(a)	No system of 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 authorization for wastewater system construction, 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 authorization for wastewater system construction, 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.  
(c)	Upon determination that an existing wastewater system has a valid operation permit 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 and an authorization for wastewater system construction is not required for the connection of a manufactured home to an existing system with a valid operation permit  in a manufactured home park.
(d)	No person shall occupy a residence, place of business or place of public assembly, or place a wastewater system into use or reuse for a residence, place of business or place of public assembly until an operation permit has been issued or authorization has been obtained pursuant to G.S. 130A-337(c)."
Sec. 4.  G.S. 130A-338 reads as rewritten:
"§ 130A-338.  Authorization for wastewater system construction or authorization required before other permits to be issued.
Where construction, location or relocation is proposed to be done upon a residence, place of business or place of public assembly, no permit required for electrical, plumbing, heating, air conditioning or other construction, location or relocation activity under any provision of general or special law shall be issued until an authorization for wastewater system construction has been issued under G.S. 130A-336(a)	or authorization has been obtained under G.S. 130A-337(c)."
Sec. 5.  G.S. 130A-339 reads as rewritten:
"§ 130A-339.  Limitation on electrical service.
No person shall allow permanent electrical service to a residence, place of business or place of public assembly upon construction, location or relocation until the official electrical inspector with jurisdiction as provided in G.S. 143-143.2 certifies to the electrical supplier that the required improvement permit, authorization for wastewater system construction, and an operation permit or authorization under G.S. 130A-337(c)	has been obtained. Temporary electrical service necessary for constructing a residence, place of business or place of public assembly can be provided upon compliance with G.S. 130A-338."
Sec. 6.  This act is effective upon ratification.