CHAPTER 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION BOARD

SECTION .0100 - DUTIES AND DEFINITIONS

21 NCAC 39 .0101             DEFINITIONS

In addition to the terms defined in Article 5 of Chapter 90A of the General Statutes, the following definitions apply to the Rules in this Chapter:

(1)           "Authorized On-Site Wastewater Evaluator" means the same as defined in G.S. 130A-336.2(a); hereafter referred to as "evaluator".

(2)           "Building being constructed" means construction of a site-built single family residence constructed pursuant to Article 1, Chapter 87 of the General Statutes.

(3)           "College course" means a semester unit or quarter unit-based instruction given at a college or university that is relevant to on-site wastewater contractor or point-of-sale inspector activities, and is pre-approved by the board as set out in Rule .0602 of this Chapter.

(4)           "Course or Activity" means any course or activity with a purpose and objective that maintains, improves, or expands skills and knowledge relevant to the practice of on-site wastewater contractor or point-of-sale inspector activities and is pre-approved in accordance with G.S. 90A-79(b) and Rule .0602 of this Section.

(5)           "Evaluation" shall include the following information:

(a)           wastewater characteristics;

(b)           design unit;

(c)           design capacity;

(d)           design volume;

(e)           criteria for the design, installation, operation, maintenance and performance of wastewater collection, treatment and disposal systems;

(f)            soil morphology and drainage;

(g)           topography and landscape position;

(h)           depth to seasonally high water table, rock and water impeding formations;

(i)            proximity to water supply wells, shellfish waters, estuaries, marshes, wetlands, areas subject to flooding, streams, lakes, swamps and other bodies of surface or groundwaters;

(j)            Density of wastewater collection, treatment and disposal systems in a geographical area;

(k)           Other factors that, in the opinion of the evaluator, affect the operation and performance of wastewater collection, treatment and disposal systems; and

(l)            Any other information that may be required by G.S. 130A-335(e).

(6)           "Introduction course" means a class required to be eligible to apply for certification.

(7)           "Licensed soil scientist" means an individual licensed in accordance with Chapter 89F of the General Statutes.

(8)           "Notice of Intent to Construct" means, at a minimum, that information required by G.S. 130A-336.2(b) and is provided as a form as set forth in Rule .1102 of this Chapter.

(9)           "Personally supervise" means to direct and control all on-site wastewater contractor, point-of-sale inspector, or private compliance inspector activities during the time those activities are being conducted.

(10)         "Point-of-sale inspector" means a person who performs an inspection of an on-site wastewater system as part of a real estate transaction.

(11)         "Private compliance inspector" means the same as defined in G.S. 90A-71(10).

(12)         "Professional development hour" or "PDH" means an hour of instruction or presentation and is the basic unit of credit for all courses or activities related to satisfying continuing education requirements.

(13)         "Repair" means construction activity or alteration to an existing on-site wastewater system that is necessary to comply with a Construction Authorization for a repair permit issued by the Local Health Department or through the Authorized On-Site Wastewater Evaluator option pursuant to G.S. 130A-336.2.

(14)         "Seal" means the seal required by G.S. 130A-336.2(d)(2) for certified Authorized On-Site Wastewater Evaluator.

(15)         "Subordinate" means the same as defined in G.S. 89F-3(10).

History Note:        Authority G.S. 90A-71; 90A-72; 90A-74; 130A-336.2;

Eff. February 1, 2011;

Amended Eff. January 1, 2016; January 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;

Amended Eff. June 1, 2021;

Readopted Eff. November 1, 2025.