AN ACT TO MAKE VARIOUS CHANGES TO ON-SITE WASTEWATER PROVISIONS, TO ESTABLISH THE PRIVATE DRINKING WATER WELL TASK FORCE, AND TO ALLOW CERTAIN CERTIFIED WELL CONTRACTORS TO PERFORM WELL SITE EVALUATIONS.

The General Assembly of North Carolina enacts:

ON-SITE WASTEWATER BOARD CHANGES

SECTION 1.(a)  G.S. 90A‑73 reads as rewritten:

§ 90A‑73.  Creation and membership of the Board.

(a)        Creation and Appointments. – There is created the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board. The Board shall consist of nine members appointed to three‑year terms as follows:

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(j)         Term Limits. – No member of the Board may serve more than two consecutive three‑year terms.

SECTION 1.(b)  This section is effective when it becomes law and applies to Board terms beginning on or after July 1, 2026.

SECTION 2.(a)  G.S. 90A‑77, as amended by S.L. 2024‑49, reads as rewritten:

§ 90A‑77.  Certification requirements.

(a)        Certification. – The Board shall issue a certificate to an applicant who satisfies all of the following conditions:

(1)        Is at least 18 years of age.

(2)        Submits a properly completed application with all required supporting documents for the certification being applied for to the Board.

(3)        For grade level II contractor certification, applicant shall satisfy the following conditions:

a.         Complete the basic on‑site wastewater education approved by the Board for any level.

b.         Complete any additional class hours required for grade level II.

(3a)      For grade level IV contractor certification, applicant shall satisfy the following conditions:

a.         Hold current and satisfactory certification of grade level II for a minimum of two years prior to application for grade level IV.

b.         Complete any additional class hours required for grade level IV.

(3b)      For inspector certification, applicant shall satisfy the following conditions:

a.         Complete the point‑of‑sale inspector education approved by the Board.

b.         Complete any additional class hours required for point‑of‑sale inspector certification.

c.         Hold current and satisfactory certification of grade level IV contractor, or Authorized On‑Site Wastewater Evaluator or subsurface operator certification for a minimum of two years.

d.         In lieu of the experience requirements in this subdivision, an applicant may instead complete the approved education requirements for the grade IV contractor certification as required by the Board. This sub‑subdivision shall not apply to a person certified as a grade II contractor.

(3c)      For Authorized On‑Site Wastewater Evaluator, applicant shall complete the Authorized On‑Site Wastewater Evaluator education approved by the Board.

(3d)     For Private Compliance Inspector, applicant shall satisfy the following conditions:

a.         Complete the Private Compliance Inspector education approved by the Board.

b.         Complete any additional class hours required by the Board for compliance inspector certification.

c.         Have a minimum of 5 years of experience as a certified contractor, Authorized On‑Site Wastewater Evaluator, subsurface operator, or a registered environmental health specialist with experience in on‑site wastewater matters.

d.         Not be employed by a local health department.

(4)        Repealed by Session Laws 2010‑31, s. 13.2(l), effective July 1, 2010.

(5)        Completes any additional training program designed by the Board specific to the grade level for which the applicant is applying.

(6)        Pays the applicable fees set by the Board for the particular application.

(7)        Passes a written or oral examination that tests the applicant's proficiency in all of the following areas:

a.         Principles of public and environmental health associated with on‑site wastewater systems.

b.         Principles of construction and safety.

c.         Technical and practical knowledge of on‑site wastewater systems.

d.         Laws and rules related to the installation, construction, repair, point‑of‑sale inspection, evaluation, or private compliance inspection of on‑site wastewater systems.

(8)        Holds sufficient general liability coverage and professional liability coverage for the project as well as errors and omissions coverage, where applicable.

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SECTION 2.(b)  G.S. 90A‑78 reads as rewritten:

§ 90A‑78.  Certification renewal.

(a)        Renewal. – All certifications shall expire on December 31 of each year unless they are renewed. To renew a certification, a contractor, inspector, Authorized On‑Site Wastewater Evaluator, or Private Compliance Inspector must meet all of the following conditions:

(1)        Submit an application for renewal on the form prescribed by the Board, which includes all supporting documents requested on the renewal form.form, and proof that the applicant holds sufficient liability coverage pursuant to G.S. 90A‑77(a)(8).

(2)        Meet the following continuing education requirements:

a.         Grade level II contractor:                              3 hours per year.

b.         Grade level IV contractor:                             6 hours per year.

c.         Point‑of‑sale inspector:                                 6 hours per year.

d.         Authorized on‑site wastewater evaluator:     12 hours per year.

e.         Private compliance inspector:                       12 hours per year.

f.          For persons holding more than one certification issued by the Board, the higher annual hours continuing education requirement of all certificates held.

(3)        Pay the certification renewal fee.

(4)        Submit the renewal completed renewal package by November 15 annually.

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ON-SITE WASTEWATER SYSTEM CHANGES

SECTION 3.(a)  G.S. 130A‑335 reads as rewritten:

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

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(c)        A 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 wastewater systems; and

(2)        The local board of health has adopted by reference the 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. Local boards of health shall use historical experience to establish modifications or additions to rules established by the Commission; andA local board of health may not adopt any more stringent modifications or additions unless the local board of health has entered into an agreement with the Department pursuant to G.S. 143‑300.8, and the Department has reviewed and approved the modification or addition; and

(3)        The Department has has, consistent with subsection (c3) of this section, found that the rules, including modifications or additions to the Commission's rules, of the local board of health concerning wastewater collection, treatment and disposal systems are at least as stringent as rules adopted by the Commission and are sufficient and necessary to safeguard the public health.

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(c3)      The Department shall adopt rules of evidence to determine the validity of proposals from local boards of health seeking modifications or additions to rules established by the Commission based solely on the necessity to protect the public health. In evaluating the validity of a local health department's proposed modifications or additions pursuant to subdivision (3) of subsection (c) of this section, the Department shall hold public hearings and notice those hearings the Department's webpage upon application for modification or addition of Commission rules by the local health department. The Department shall make its findings available to the public before approving or denying a proposed modification or addition.

(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 rules applicable to wastewater systems. The Department may deny, suspend, or revoke the approval of local board of health wastewater system rules upon a finding that the local wastewater rules are not as stringent as 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. The Department shall review all approved rules adopted by a local health department pursuant to subsection (c) of this section every four years and shall rescind approval for any rule the Department finds is unnecessary to protect the public health.

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(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, including pretreatment and system control requirements, standards for operation, maintenance, monitoring, reporting, 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. Permits other than improvement permits shall be valid for a period prescribed by rule. Improvement permits shall be valid upon a showing satisfactory to the Department or the local health department that the site and soil conditions are unaltered, that the facility, design wastewater flow, and wastewater characteristics are not increased, and that a wastewater system can be installed that meets the permitting requirements in effect on the date the Improvement Permit was issued. Improvement permits for which a plat or site plan is provided shall be valid without expiration. Improvement permits for which a site plan is provided shall be valid for five years. The period of time for which the permit is valid and a A statement that the permit an Improvement Permit or a Construction Authorization is subject to revocation if the site plan or plat, whichever is applicable, or the intended use changes revocation or amendment if the intended use, design daily flow, or site conditions change shall be displayed prominently on both the application form for the permit and the permit.

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SECTION 3.(b)  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 either (i) the local health department in accordance with rules adopted pursuant to this Article or (ii) by a professional engineer, licensed soil scientist, or licensed geologist acting within the engineer's, soil scientist's, or geologist's scope of work, as applicable, and pursuant to the conditions of the engineered option permit in G.S. 130A‑336.1 or the Authorized On‑Site Wastewater Evaluator permit option in G.S. 130A‑336.2. An improvement permit issued by a local health department shall include:

(1)        For permits that are valid without expiration, a plat, or, for permits that are valid for five years, A plat or 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.

Neither the improvement permit nor the construction authorization shall be affected by change of 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 a construction authorization are obtained from the local health department unless that person is acting in accordance with the conditions and criteria of an engineered option permit pursuant to G.S. 130A‑336.1 or the Authorized On‑Site Wastewater Evaluator permit option pursuant to G.S. 130A‑336.2. 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 a construction authorization 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 construction authorization shall be valid for a period equal to the period of validity of the improvement permit 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 a construction authorization have been obtained from the Department or the local health department unless that person is acting in accordance with the conditions and criteria of an engineered option permit pursuant to G.S. 130A‑336.1 or the Authorized On‑Site Wastewater Evaluator permit option pursuant to G.S. 130A‑336.2. No improvement permit or construction authorization 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 a construction authorization. The Department or the local health department may delay the start of construction of any system until a verification shows that site conditions are unchanged from the issuance of the improvement permit, except that the verification shall not include a geological soil assessment. The owner of the proposed wastewater system may accept or decline the findings of a reassessment of the soils on the site.

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SECTION 3.(c)  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 rules, and this Article.

(a1)      Notwithstanding subsection (a) of this section, an applicant may contract with an Authorized On‑Site Wastewater Evaluator certified pursuant to Article 5 of Chapter 90A of the General Statutes or an engineer licensed pursuant to Chapter 89C of the General Statutes to conduct any required verifications or inspections. The evaluator or engineer shall provide the applicant with written verification that all conditions of the Improvement Permit and Construction Authorization have been met, including an as‑built drawing meeting the standards and scale of the local health department issuing the Construction Authorization as certified by the evaluator. evaluator or engineer. The applicant may cover the system and place it into operation upon receipt of the evaluator's written verification and shall submit the verification to the local health department within two business days of receipt of the verification. The Department, the Department's authorized agents, and the local health department shall be discharged and released from any liabilities, duties, and responsibilities imposed by statute or common law from any claim arising out of or attributed to the on‑site wastewater system installation.

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(b)        Upon determining that the system is properly installed or repaired and that the system is capable of being operated in installation or repair of a wastewater system in accordance with the conditions of the Improvement Permit, the rules, this Article and any conditions to be imposed in the operation permit, Permit and the Construction Authorization, including any site modification conditions noted in the Improvement Permit or Construction Authorization, as applicable, applicable, or upon receipt of written verification submitted pursuant to subsection (a1) or (a2) of this section, 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 or reuse. A local health department may not withhold issuance of an operation permit if the wastewater system was installed or repaired pursuant to the Improvement Permit, Construction Authorization, and any conditions noted in either permit at the time of issuance unless the wastewater system owner agrees, in writing, to additional conditions in the operation permit. Any additional conditions in the operation permit agreed to by the wastewater system owner shall be recorded in the operation permit.

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PRIVATE DRINKING WATER WELL TASK FORCE

SECTION 4.(a)  There is established the Private Drinking Water Well Task Force (Task Force). The Task Force shall consist of seven members, as follows:

(1)        A representative of the North Carolina Department of Health and Human Services, Division of Public Health, Environmental Health Section.

(2)        A representative of the Department of Environmental Quality, Division of Water Resources, Groundwater Resources Section.

(3)        A representative of the North Carolina Environmental Health Supervisors Association.

(4)        A person recommended by the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board.

(5)        A person recommended by the Well Contractors Certification Commission and actively conducting business constructing private wells.

(6)        A representative of the North Carolina Groundwater Association who currently holds a Level A certification.

(7)        A representative of the North Carolina Groundwater Association who currently holds a Level C certification.

SECTION 4.(b)  The first meeting of the Task Force shall be held no later than June 1, 2025. The Task Force member from the Department of Health and Human Services shall chair the first meeting of the Task Force. The permanent chair of the Task Force shall be elected by a majority of the members of the Task Force present and voting at the first meeting. A majority of the Task Force members shall constitute a quorum for the transaction of business. No action may be taken except by a majority vote at a meeting at which a quorum is present.

SECTION 4.(c)  The Task Force shall conduct a study and issue a report to recommend streamlining private drinking water well rules to the Environmental Management Commission. In conducting this study, the Task Force may collaborate with any stakeholders it deems appropriate. The report must make recommendations for all of the following:

(1)        Streamlining existing regulations for the installation, construction, maintenance, and repair of private drinking water wells.

(2)        Whether to eliminate local drinking water well programs, in favor of a uniform statewide program.

(3)        Whether to consolidate authority and oversight of drinking water wells within one rulemaking body or agency.

(4)        Whether to allow certified well contractors to install interior well filtration units when also constructing a private water well on site, providing that certified well contractors shall not hold themselves out as licensed plumbers when conducting this installation.

(5)        Any other recommendations the Task Force considers relevant to this section.

SECTION 4.(d)  The Task Force shall transmit its report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Environmental Review Commission, the Joint Legislative Oversight Committee on Health and Human Services, and the Environmental Management Commission no later than December 31, 2025. The Task Force will terminate on the earlier of the date it transmits its report or December 31, 2025.

PRIVATE DRINKING WATER WELL PROGRAM

SECTION 5.  G.S. 87‑97 reads as rewritten:

§ 87‑97.  Permitting and testing of private drinking water wells.

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(d)       Well Site Evaluation. – The local health department or a person certified both as a well contractor pursuant to Article 7A of this Chapter and as either a Level IV contractor, inspector, or Authorized On‑Site Wastewater Evaluator pursuant to Article 5 of Chapter 90A of the General Statutes shall conduct a field investigation to evaluate the site on which a private drinking water well is proposed to be located before issuing a permit pursuant to this section. The well contractor of record for a proposed well site cannot perform the field investigation required by this subsection. The field investigation shall determine whether there is any abandoned well located on the site, and if so, the construction permit shall be conditioned upon the proper closure of all abandoned wells located on the site in accordance with the requirements of this Article and rules adopted pursuant to this Article. If a private drinking water well is proposed to be located on a site on which a wastewater system subject to the requirements of Article 11 of Chapter 130A of the General Statutes is located or proposed to be located, the application for a construction permit shall be accompanied by a plat or site plan, as defined in G.S. 130A‑334.

If the well location marked on the map submitted with an application to a local well program is also marked with a stake or similar marker on the property, then the local well program may not require the contractor to be on site during the on‑site predrill inspection, as long as the contractor is available by telephone to answer questions.

The Department, the Department's authorized agents, or local health departments shall have no liability for site evaluations performed by a certified well contractor pursuant to this subsection.

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EFFECTIVE DATE

SECTION 6.  Except as otherwise provided, this act is effective when it becomes law.