(a) The owner of a wastewater system may obtain an IP or a CA from the LHD or an NOI from a PE or AOWE, as applicable.

(b) An applicant may choose to use an EOP in accordance with G.S. 130A-336.1 or an AOWE in accordance with G.S. 130A-336.2. 130A-336.2 to obtain a wastewater system approval. The EOP shall be used if the wastewater system design requires a PE in accordance with Rule .0303(a) of this Subchapter.

(c) For an EOP, a PE may use pretreatment technologies not approved in the State provided the engineering report attached to the ATO specifies that pretreatment technology and includes the manufacturer’s approval for use of the pretreatment technology for the conditions at that site.

(b)(d) Prior to the submittal of an NOI for an EOP or an AOWE system as required by G.S. 130A-336.1(b) or G.S. 130A-336.2(b), respectively, a soil and site evaluation shall be conducted in accordance these Statutes and the Rules of this Subchapter.

(e) The owner of an EOP system or an AOWE system shall be responsible for the following:

(1) preventing modifications or alterations on the site, including the designated initial and repair dispersal areas;

(2) obtaining written approval from the PE or AOWE prior to making changes to the DDF, wastewater strength, or landscape position of the facility; and

(3) identifying any drinking water wells, public water supplies, or wastewater systems on the property and on adjoining property if within the setback requirements found in Section .0600 of this Subchapter.

(f) The NOI for an EOP or AOWE system shall be submitted to the LHD in the county where the facility is located by the applicant, owner, PE authorized as the legal representative of the owner, or AOWE authorized as the legal representative of the owner. The NOI shall be submitted on the common form for EOP provided by the Department or the common form for AOWE provided by the North Carolina On-Site Wastewater Contractor Inspector Certification Board. The common forms are available by accessing the Department's website at https://ehs.ncpublichealth.com/oswp/. The EOP common form shall include all the information specified in G.S. 130A-336.1(b) and the following:

(1) the LSS's, LG’s, and installer’s name, license number, address, e-mail address, and telephone number, as applicable.

(2) information required in Rule .0202 of this Section for IP and CA applications;

(3) identification and location on the site plan of existing or proposed potable water supplies, geothermal heating and cooling wells, and groundwater monitoring wells for the proposed site. The PE or AOWE shall reference any existing permit issued for a private drinking water well, public water system as defined in G.S. 130A-313(10), or a wastewater system on both the subject and adjoining properties to provide documentation of compliance with setback requirements in Section .0600 of this Subchapter; and

(4) proof of insurance for the PE, LSS, LG, and installer, as applicable.

(g) The PE or AOWE design shall incorporate findings and recommendations on soil and site conditions, limitations, site modifications, and geologic and hydrogeologic conditions specified by the LSS or LG, as applicable, and in accordance with G.S. 130A-336.1(b)(8) or G.S. 130A-336.2(b)(9), respectively.

(h) If there are any changes in the site plan that can impact the wastewater system, such as moving the house or driveway, site alterations, or if the applicant chooses to change the DDF or the wastewater strength prior to wastewater system construction, a new NOI shall be submitted to the LHD. The applicant shall request in writing that the PE or AOWE invalidate the prior NOI with a signed and sealed letter sent to the applicant and LHD.

(i) Construction of the wastewater system shall not commence until the system design plans and specifications have been provided to the installer and the signed and dated statement by the installer is provided to the applicant as required by G.S. 130A-.336.1(e)(4)(b) or G.S. 130A-336.2(e)(3). The applicant shall be responsible for preventing modifications or alterations of the site for the wastewater system and the system repair area before, during, and after any construction activities for the facility, unless approved by the licensed professionals.

(j) The owner of a wastewater system approved in accordance with this Rule shall be responsible for maintaining the wastewater system in accordance with the written operation and management program required in G.S. 130A-336.1(i)(1) or 130A-336.2(i)(1) and Section .1300 of this Subchapter.

(k) The applicant of an EOP or AOWE system who proposes to change the use of the facility shall contact the licensed professionals on the NOI to determine whether the current system would continue to comply with the Rules of this Subchapter for the proposed change of use. The licensed professionals shall determine what, if any, modifications shall be necessary for the wastewater system to continue to comply with the Rules of this Subchapter following the proposed change of use. An NOI reflecting the change of use and any required modifications to the system shall be submitted to the LHD. The permitting process set forth in this Rule shall be followed

(l) For EOP and AOWE systems, the LHD shall:

(1) file all EOP and AOWE documentation consistent with current permit filing procedures at the LHD;

(2) revoke an IP or CA for a wastewater system for the same design unit on the same property, if applicable;

(3) revoke an OP for a wastewater system for the same design unit on the same property, if applicable;

(4) review the performance and operation reports submitted and perform on-site compliance inspections of the wastewater system in accordance with Rule .1305(c) and Table XXXII of Rule .1301(b) of this Subchapter;

(5) investigate complaints regarding EOP and AOWE systems

(6) issue a NOV for systems determined to be malfunctioning in accordance with Rule .1303(a)(2) of this Subchapter; and

(7) require an owner receiving a NOV to pump and haul sewage in accordance with Rule .1306 of this Subchapter.

(m) The applicant may contract with different licensed professionals than those originally identified on the initial NOI to complete an EOP project. When the applicant contracts with different licensed professionals, a revised NOI reflecting the new licensed professionals and proof of insurance shall be submitted to the LHD.

(n) The applicant and all licensed professionals shall comply with all applicable federal, State, and local laws, rules, and ordinances.

(o) A wastewater system that has been repaired is not required to have an additional repair area.

(p) A wastewater system permitted in accordance with G.S. 130A-336.2 shall follow the rules established by the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board.

History Note: Authority G.S. 130A-335; 130A-336.1; 130A-336.2; S.L. 2019-151, s.14; S.L. 2023-77, s.6; S.L. 2023-90, s.3 and 4.