.0206 EXISTING SYSTEM APPROVALS FOR RECONNECTIONS AND PROPERTY ADDITIONS

(a) The LHD, an AOWE, or a certified inspector may issue an approval for an existing system reconnection when the new or improved facility is within the same footprint of the previous existing facility and when there is no increase in DDF or wastewater strength.

(b) Approvals for reconnecting a facility shall be issued by an authorized agent agent, AOWE, or certified inspector upon determination of the following:

(1) the site complies with its OP or the wastewater system was in use prior to July 1, 1977;

(2) there is no current or past uncorrected malfunction of the system as described in Rule .1303(a)(2) of this Subchapter;

(3) the DDF and wastewater strength for the proposed facility do not exceed that of the existing system;

(4) the facility meets the setbacks in Section .0600 of this Subchapter; and

(5) the existing system is being operated and maintained as specified in G.S. 130A, Article 11, this Subchapter, and permit conditions.

(c) The issuance of the existing system approvals for modifications or expansions shall follow the provisions of this Rule.

(d) Prior to the relocation of a structure or the expansion of an existing facility's footprint that requires the issuance of a building permit, but that do does not increase DDF or wastewater strength, an approval shall be issued by an authorized agent or an AOWE upon determination of the compliance of the proposed structure with setback requirements in Section .0600 of this Subchapter.

(e) An applicant shall obtain a CA from the LHD or an NOI from an AOWE prior to starting construction for any of the following:

(1) an increase in DDF;

(2) an increase in wastewater strength; or

(3) the location of the facility is not within the same footprint as the previous existing facility.

(f) For approvals issued in accordance with this Rule the authorized agent agent, AOWE, or certified inspector shall provide written documentation of the approval to the applicant. The written documentation of the approval shall include the maximum number of occupants or people served and any other information relating to the facility use, including showing the location of existing and proposed structures.

(g) When an approval cannot be issued in accordance with this Rule, a signed, written report shall be provided by the authorized agent agent, AOWE, or certified inspector, as applicable, to the applicant describing the reasons for the denial, citing the applicable rule(s), and including notice of the right to appeal under G.S. 130A-24 and 150B.

(h) The owner is responsible for providing the location of the property lines and site modifications. When the existing wastewater system cannot be located, the owner is responsible for locating the existing wastewater system and providing that information to the LHD, AOWE, or certified inspector. The owner is responsible for the accuracy of the information provided on the application. The owner is responsible for ensuring that all setback requirements in Section .0600 of this Subchapter are met for the property addition.

History Note: Authority G.S. 130A-335; 130A-337(c) and (d); S.L. 2023-77, s.5.