S148: Wastewater System Permit Extension. Latest Version

Session: 2021 - 2022

Senate
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
House
Passed 1st Reading
Rules
Committee



AN ACT to extend the validity of improvement permits or authorizations for wastewater system construction to january 1, 2024, in certain circumstances.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 130A‑336 reads as rewritten:

§ 130A‑336.  Improvement permit and authorization for wastewater system construction required.



(b1)      An improvement permit or authorization for wastewater system construction issued with a wastewater system classification of Type V in accordance with 15A NCAC 18A .1961 by a local health department from January 1, 2000, January 1, 2007, to January 1, 2015, January 1, 2019, which has not been acted on and would have otherwise expired, shall remain valid until January 1, 2020, January 1, 2024, without penalty, unless there are changes in the hydraulic flows or wastewater characteristics from the original local health department evaluation. Permits are transferrable with ownership of the property. Permits shall retain the site, soil evaluations, and construction conditions of the original permit. Site activities under the improvement permit or the authorization for wastewater system construction begun pursuant to this section shall continue until the operation permit is issued. Site activities begun or completed pursuant to requirements from the local health department under the original permit, however, shall not be construed to be altered conditions and shall not constitute a basis for refusal of the permit extension. The property owner may contract with a person licensed pursuant to Chapter 89F of the General Statutes as a licensed soil scientist to conduct a site verification to determine whether the conditions of the original permit are unchanged. Written verification by the licensed soil scientist shall be accepted by the local health department, used in lieu of verification by the local health department, and be attached to the permit. Verification of original site conditions by a licensed soil scientist shall not be considered an evaluation, and the permit shall remain an issuance of the local health department.

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SECTION 2.  This act is effective when it becomes law.