A BILL TO BE ENTITLED
AN ACT to provide for the certification of Wastewater site evaluators.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 3 of Chapter 90A of the General Statutes is amended by adding a new Part to read:
"Part 3. Certification of Wastewater Site Evaluators.
"§ 90A-48.  Purpose.
The purposes of this Part are to reduce nonpoint source pollution in order to protect the public health and to conserve and protect the quality of the water resources of the State, to protect the investment of homeowners and others who purchase property served by wastewater systems, and to promote the highest of technical competence and ethical standards among those who design and install wastewater systems by requiring examination of site evaluators and certification of their competency.
"§ 90A-48.1.  Definitions.
(a)	As used in this Part:
(1)	'Certified Site Evaluator' means a person who is certified by the Commission under this Part.
(2)	'Commission' means the Water Pollution Control System Operators Certification Commission.
(3)	'Wastewater system' means a wastewater system, as defined in G.S. 130A-334, that is designed to treat 3,000 gallons of wastewater per day or less and that disposes of effluent by means of a subsurface disposal field.
(b)	The definitions set out in G.S. 130A-334 apply to this Part.
"§ 90A-48.2.  Certified Site Evaluator; functions.
(a)	A Certified Site Evaluator may perform any of the following functions:
(1)	Collection of site-specific information necessary for the design, permitting, and installation of a wastewater system.
(2)	Evaluation and recommendation of specific wastewater system technologies on the basis of their applicability to a particular site.
(3)	Development of performance criteria for the operation of a wastewater system. 
(4)	Development of installation, operation, and maintenance requirements for a wastewater system.
(5)	Determination as to whether an improvement permit or an authorization to construct should be issued for a site to be served by a wastewater system.
(b)	A Certified Site Evaluator may not perform the practice of soil science unless the Certified Site Evaluator is also a Licensed Soil Scientist under the provisions of Chapter 89F of the General Statutes.
(c)	An application for an improvement permit or an authorization to construct for construction that will be served by a wastewater system shall be certified by a Certified Site Evaluator before the application is submitted to a local health department. An application for an improvement permit or an authorization to construct for construction that will be served by a wastewater system shall be reviewed and approved or denied only by a Certified Site Evaluator employed by the local health department.
(d)	No person shall perform the duties of a Certified Site Evaluator without being certified as provided in this Part. A Certified Site Evaluator may be assisted by other persons if the Certified Site Evaluator directly supervises and assumes responsibility for the work.
"§ 90A-48.3.  Qualifications for certification; training; examination.
(a)	The Commission shall develop and administer a certification program for a Certified Site Evaluator that provides for training, examination of applicants, and investigation of the qualifications of applicants. An applicant for certification must be one or more of the following:
(1)	A Professional Engineer licensed under Chapter 89C of the General Statutes.
(2)	A Licensed Geologist licensed under Chapter 89E of the General Statutes.
(3)	A Licensed Soil Scientist licensed under Chapter 89F of the General Statutes.
(4)	A Registered Sanitarian licensed under Article 4 of Chapter 90A of the General Statutes.
(b)	The Commission, in cooperation with the Division of Environmental Health of the Department of Environment and Natural Resources and the Cooperative Extension Service, shall develop and administer a training program for Certified Site Evaluators. An applicant for initial certification shall complete 30 hours of classroom instruction prior to taking the examination. In order to remain certified, a Certified Site Evaluator shall complete 45 hours of approved additional training during each three-year period following initial certification.
(c)	The certificate of a Certified Site Evaluator who fails to complete approved additional training within 60 days of the end of the three-year period is void. A Certified Site Evaluator whose certificate is voided by reason of failure to complete approved additional training may be renewed only if the person reapplies to the Commission for certification, pays the examination fee, and successfully completes the examination.
"§ 90A-48.4.  Fees; certificate renewals.
(a)	An applicant for certification under this Part shall pay a fee of three hundred dollars ($300.00) for the examination and initial certification.
(b)	A Certified Site Evaluator shall pay an annual renewal fee of one hundred dollars ($100.00). The certificate of a Certified Site Evaluator who fails to pay the annual renewal fee within 30 days after the fee is due is void and may be renewed only by payment of the annual renewal fee plus a late fee of one hundred dollars ($100.00). A Certified Site Evaluator who fails to pay the annual renewal fee and late fee within 120 days may be recertified only as provided in G.S. 90A-48.3(c).
"§ 90A-48.5.  Suspension; revocation of certificate.
(a)	The Commission, in accordance with the provisions of Chapter 150B of the General Statutes, may suspend or revoke the certificate of any Certified Site Evaluator who:
(1)	Engages in fraud or deceit in connection with obtaining certification or in connection with the performance of the duties of a Certified Site Evaluator.
(2)	Fails to exercise reasonable care, judgment, or use of the site evaluator's knowledge and ability in the performance of the duties of a Certified Site Evaluator.
(b)	In addition to suspension or revocation of a certificate, the Commission may levy a civil penalty of not more than one thousand dollars ($1,000) per violation against any Certified Site Evaluator or person acting as a Certified Site Evaluator for a violation of any requirement of this Part.
(c)	The clear proceeds of civil penalties levied pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
"§ 90A-48.6.  Rules.
The Commission shall adopt rules to implement the provisions of this Part."
SECTION 2.  G.S. 130A‑334 is amended by adding a new subdivision to read:
"(1)	'Certified Site Evaluator' means a person who is certified under the provisions of Part 3 of Article 3 of Chapter 90A of the General Statutes."
SECTION 3.  G.S. 130A‑336 reads as rewritten:
"§ 130A‑336.  Improvement permit and authorization for wastewater system construction 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 rules adopted pursuant to this Article. An improvement permit shall be issued in compliance with the rules adopted pursuant to this Article. An improvement permit shall include:
(1)	For permits that are valid without expiration, a plat or, for permits that are valid for five years, a site plan.
(2)	A description of the facility the proposed site is to serve.
(3)	The proposed wastewater system and its location.
(4)	The design wastewater flow and characteristics.
(5)	The conditions for any site modifications.
(6)	Any other information required by the rules of the Commission.
(a1)	The improvement permit shall not be affected by change in ownership of the site for the wastewater system provided both the site for the wastewater system and the facility the system serves are unchanged and remain 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 an authorization for wastewater system construction are obtained from the local health department. This requirement shall not apply to a manufactured 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 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. This authorization for wastewater system construction shall be valid for a period equal to the period of validity of the improvement permit, not to exceed five years, and may be issued at the same time the improvement permit is issued. No person shall commence or assist in the installation, construction, or repair of a wastewater system unless an improvement permit and an authorization for wastewater system construction have been obtained from the Department or 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 authorization for wastewater system construction by the local health department.
(d)	If a local health department repeatedly fails to issue or deny improvement permits for conventional septic tank systems within 60 days of receiving completed applications for the permits, then the Department of Environment and Natural Resources may withhold public health funding from that local health department.
(e)	When a local health department issues an improvement permit or authorization to construct based upon work performed by a Licensed Soil Scientist and a Certified Site Evaluator, the improvement permit or authorization to construct shall bear a statement that reads:
'The soil and site work necessary to issue this improvement permit or authorization to construct was performed by: _________________, a Licensed Soil Scientist, License # ________, and _________________, a Certified Site Evaluator, Certification # _________.'
(f)	When a local health department denies an application for an improvement permit or authorization to construct prepared by a Licensed Soil Scientist and Certified Site Evaluator, the denial shall specifically identify the provisions of G.S. 130A-336 or rules adopted pursuant to G.S. 130A-336 on which the denial was based. No complete application for an improvement permit or authorization to construct prepared by a Licensed Soil Scientist and Certified Site Evaluator shall be denied without prior contact between the applicant and local health department as documented in a written permit application review checklist. Prior to health department denial, the written permit application review checklist must be given to the applicant which identifies the date and time of contacts between the local health department and applicant to resolve deficiencies in the soil evaluation or proposed wastewater system."
SECTION 4.  Article 2 of Chapter 47 of the General Statutes is amended by adding a new section to read:
"§ 47-30.1A.  Plats and subdivision; additional requirements for lots not served by a public sewer system.
A Licensed Soil Scientist licensed under Chapter 89F of the General Statutes who is also a Certified Site Evaluator certified under G.S. 90A-48 shall prepare a signed and sealed report that determines the soil types within the proposed subdivision and states the potential of each proposed lot to be permitted for a wastewater system by the local health department in accordance with Article 11 of Chapter 130A of the General Statutes. Unless otherwise prescribed by a local planning board, the report shall address topography, landscape position, soil morphology, saprolite morphology, soil depth, depth to seasonal high water table, presence of any restrictive horizons, estimated long term acceptance rate of wastewater application, and any additional information pertinent to the siting and approval of a proposed wastewater system."
SECTION 5.  G.S. 47‑30.2(a) reads as rewritten:
"(a)	The board of commissioners of each county shall, by resolution, designate by name one or more persons experienced in mapping or land records management as a Review Officer to review each map, plat, and soil scientist report required to be submitted for review before the map or plat is presented to the register of deeds for recording. Each person designated a Review Officer shall, if reasonably feasible, be certified as a property mapper pursuant to G.S. 147‑54.4. A resolution designating a Review Officer shall be recorded in the county registry and indexed on the grantor index in the name of the Review Officer."
SECTION 6.  G.S. 143B‑301 reads as rewritten:
"§ 143B‑301.  Water Pollution Control System Operators Certification Commission – members; selection; removal; compensation; quorum; services.
(a)	The Water Pollution Control System Operators Certification Commission shall consist of 13 members. Two members shall be from the animal agriculture industry and shall be appointed to three-year terms by the Commissioner of Agriculture. Eleven members shall be appointed by the Secretary of Environment and Natural Resources with the approval of the Environmental Management Commission to three-year terms as follows:
(1)	One member shall be currently employed as a water pollution control facility operator, water pollution control system superintendent or director, water and sewer superintendent or director, or an equivalent position with a North Carolina municipality, to a term that expires on 1 July of years evenly divisible by three.
(2)	One member shall be currently employed as a water pollution control facility operator, water pollution control system superintendent or director, water and sewer superintendent or director, or an equivalent position with a North Carolina municipality, to a term that expires on 1 July of years that precede by one year those years that are evenly divisible by three.
(3)	One member shall be manager of a North Carolina municipality having a population of more than 10,000 as of the most recent federal census,  to a term that expires on 1 July of years that follow by one year those years that are evenly divisible by three.
(4)	One member shall be manager of a North Carolina municipality having a population of less than 10,000 as of the most recent federal census, to a term that expires on 1 July of years evenly divisible by three.
(5)	One member shall be employed by a private industry and shall be responsible for supervising the treatment or pretreatment of industrial wastewater, to a term that expires on 1 July of years that precede by one year those years that are evenly divisible by three.
(6)	One member who is a faculty member of a four‑year college or university and whose major field is related to wastewater treatment, to a term that expires on 1 July of years that follow by one year those years that are evenly divisible by three.
(7)	One member who is a faculty member of a four‑year college or university and whose major field is related to water pollution control,  to a term that expires on 1 July of years evenly divisible by three.
(8)	One member who is employed by the Department of Environment and Natural Resources and works in the field of water pollution control, pursuant to Article 21 of Chapter 143 of the General Statutes, who shall serve at the pleasure of the Secretary and shall be the Cochair of the Commission.
(9)	One member who is employed by the Department of Environment and Natural Resources and works in the field of wastewater systems, pursuant to Article 11 of Chapter 130A of the General Statutes, who shall serve at the pleasure of the Secretary and shall be the Cochair of the Commission.
(10)One member who is employed by a commercial water pollution control system operating firm, to a term that expires on 1 July of years that follow by one year those years that are evenly divisible by three.(11)One member shall be currently employed as a water pollution control system collection operator, superintendent, director, or equivalent position with a North Carolina municipality, to a term that expires on 1 July of years that precede by one year those years that are evenly divisible by three. 
(b)	Members of the Commission shall serve until their successors are appointed and duly qualified as provided by G.S. 128‑7. 
(c)	The Commission shall elect a Vice-Chair from among its members. The Vice-Chair shall serve a one-year term, subject to reelection.
(d)	Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
(e)	The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, and nonfeasance according to the provisions of G.S. 143B‑13.
(f)	The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5 and G.S. 143B‑15.
(g)	A majority of the Commission shall constitute a quorum for the transaction of business.
(h)	All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources."
SECTION 7.  In order to provide for a system of staggered three‑year terms for the members of the Water Pollution Control System Operators Certification Commission, the following provisions shall apply:
(1)	The term of the member appointed to serve in the position established by G.S. 143B‑301(a)(1) shall be four years and shall expire on 1 July 2007.
(2)	The term of the member appointed to serve in the position established by G.S. 143B‑301(a)(2) shall be three years and shall expire on 1 July 2006.
(3)	The term of the member appointed to serve in the position established by G.S. 143B‑301(a)(3) shall be five years and shall expire on 1 July 2008.
(4)	The term of the member appointed to serve in the position established by G.S. 143B‑301(a)(4) shall be four years and shall expire on 1 July 2007.
(5)	The term of the member appointed to serve in the position established by G.S. 143B‑301(a)(5) shall be three years and shall expire on 1 July 2006.
(6)	The term of the member appointed to serve in the position established by G.S. 143B‑301(a)(6) shall be five years and shall expire on 1 July 2008.
(7)	The term of the member initially appointed to serve in the position established by G.S. 143B‑301(a)(7) shall be four years and shall expire on 1 July 2007.
(8)	The term of the member appointed to serve in the position established by G.S. 143B‑301(a)(10) shall be five years and shall expire on 1 July 2008.
(9)	The term of the member appointed to serve in the position established by G.S. 143B‑301(a)(11) shall be three years and shall expire on 1 July 2006.
SECTION 8.  Unless an applicant is found to have engaged in conduct that would constitute grounds for suspension or revocation of certification under G.S. 90A‑48.5, as enacted by Section 1 of this act, the Water Pollution Control System Operators Certification Commission shall certify an applicant as a Certified Site Evaluator without examination if the applicant is qualified under G.S. 90A‑48.3, as enacted by Section 1 of this act, and if the applicant demonstrates to the satisfaction of the Commission that the applicant has actively and continuously engaged in evaluation of sites for at least five years beginning 1 July 2000.
SECTION 9.  Subdivisions (1) and (1a) of G.S. 130A‑334 are recodified as subdivisions (1a) and (1b).
SECTION 10.  This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B‑21.1.  The Water Pollution Control System Operators Certification Commission may adopt temporary rules to implement the provisions of this act until 1 July 2005.  Notwithstanding G.S. 150B‑21.1(d), a temporary rule adopted in accordance with this section shall remain in effect until a permanent rule adopted to replace the temporary rule becomes effective. Prior to the adoption of temporary rules under this section, the Board shall:
(1)	Consult with persons who may be interested in the subject matter of the temporary rule during the development of the text of the proposed temporary rule.
(2)	Notify persons on the mailing list that the Commission maintains pursuant to G.S. 150B‑21.2(d) and notify persons on the mailing list of its intent to adopt a temporary rule.
(3)	Publish a notice of intent to adopt a temporary rule in the North Carolina Register. The notice shall set out the text of the proposed temporary rule and include the name of the person to whom questions and written comments on the proposed rule may be submitted. The Board shall accept written comments on the proposed temporary rule for at least 30 days after the notice of intent to adopt the temporary rule as published in the North Carolina Register.
(4)	Hold at least one public hearing on the proposed temporary rule.
SECTION 11.  Section 1 of this act is effective when it becomes law except that G.S. 90A‑48.2, 90A‑48.4, and 90A‑48.5, as enacted by Section 1 of this act, become effective 1 July 2005. Sections 2 and 6 through 11 of this act are effective when the act becomes law.  Sections 3, 4, and 5 of this act become effective 1 July 2005.