.0102 APPLICABILITY

(a) The rules of this Subchapter shall not apply to any wastewater systems system for which an IP, CA, OP, NOI, ATO, certificate of completion, or an equivalent approval has been issued prior to January 1, 2024, in use which are not malfunctioning as described in Rule .1303(a)(2) of this Subchapter, unless the DDF or wastewater strength increases. increases or unless otherwise specified in this Subchapter. Wastewater systems that are malfunctioning in accordance with Rule .1303(a)(2) of this Subchapter shall adhere to the rules of this Subchapter.

(b) The rules of this Subchapter shall not apply to IPs and CAs issued prior to the effective date of this Rule. For purposes of this Rule, wastewater strength shall not be determined to be increased unless the facility is a commercial facility or becomes a commercial facility and the wastewater strength is determined to meet the definition of HSE in accordance with Rule .0402 of this Subchapter.

(c) Prior to any increase in DDF or wastewater strength for an existing facility, the owner shall submit an application in accordance with Rule .0202 of this Subchapter.

(d) Wastewater systems permitted prior to January 1, 2024, shall comply with the setback requirements in place at the time the IP, CA, OP, NOI, ATO, certificate of completion, or equivalent was issued.

(e) Wastewater systems installed prior to July 1, 1977, and existing wastewater systems for which a permit cannot be found are not considered to meet the conditions of Rules .0302(c)(5) or .0302(c)(6) of this Subchapter.

(d)(f) Notwithstanding Paragraph (a) of this Rule, all wastewater systems shall comply with Section .1300 of this Subchapter.

History Note: Authority G.S. 130A-335(e). 130A-335(e); S.L. 2023-77, s.1.