CHAPTER 18 - ENVIRONMENTAL HEALTH

 

SUBCHAPTER 18A ‑ SANITATION

 

SECTION .0100 ‑ HANDLING: PACKING: AND SHIPPING OF CRUSTACEA MEAT

 

Rules .0101 ‑ .0133 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0101 ‑ .0133); has been transferred and recodified from Rules .0701 ‑ .0733 Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .0701 ‑ .0733), effective April 4, 1990.

 

 

15A NCAC 18A .0101       DEFINITIONS

15A NCAC 18A .0102       REQUIREMENTS FOR OPERATION

15A NCAC 18A .0103       PLANTS AND GROUNDS

15A NCAC 18A .0104       FLOORS, WALLS, AND CEILINGS

15A NCAC 18A .0105       ANIMAL AND VECTOR CONTROL MEASURES

15A NCAC 18A .0106       LIGHTING

15A NCAC 18A .0107       VENTILATION

15A NCAC 18A .0108       WATER SUPPLY

15A NCAC 18A .0109       PLUMBING AND RELATED FACILITIES

15A NCAC 18A .0110       SEWAGE DISPOSAL

15A NCAC 18A .0111       CONSTRUCTION OF UTENSILS AND EQUIPMENT

15A NCAC 18A .0112       GENERAL CLEANLINESS

15A NCAC 18A .0113       CLEANING OF BUILDING AND EQUIPMENT

15A NCAC 18A .0114       BACTERICIDAL TREATMENT OF UTENSILS AND EQUIPMENT

15A NCAC 18A .0115       STORAGE OF EQUIPMENT

15A NCAC 18A .0116       RECEIVING OF CRUSTACEA

15A NCAC 18A .0117       COOKING

15A NCAC 18A .0118       COOLING

15A NCAC 18A .0119       PICKING AND PACKING

15A NCAC 18A .0120       FREEZING

15A NCAC 18A .0121       CRUSTACEA SCRAP DISPOSAL

15A NCAC 18A .0122       SINGLE‑SERVICE CONTAINERS

15A NCAC 18A .0123       REFRIGERATION

15A NCAC 18A .0124       HEALTH AND CLEANLINESS OF PERSONNEL

15A NCAC 18A .0125       SUPERVISION

15A NCAC 18A .0126       MICROBIOLOGICAL STANDARDS

15A NCAC 18A .0127       PASTEURIZATION PROCESS CONTROLS ‑ THERMOMETERS

15A NCAC 18A .0128       PREPARATION OF CRUSTACEA MEAT

15A NCAC 18A .0129       PASTEURIZATION OF CRUSTACEA MEAT

15A NCAC 18A .0130       LABELING OF PASTEURIZED CRUSTACEA MEAT

15A NCAC 18A .0131       SEVERABILITY

15A NCAC 18A .0132       APPEALS PROCEDURE

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1991; September 1, 1990; December 1, 1987; July 1, 1985, 1980;

Repealed Eff. October 1, 1992.

15A NCAC 18A .0133       REFERENCE

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1985;

Repealed Eff. September 1, 1990.

 

 

 

15A NCAC 18A .0134       DEFINITIONS

The following definitions shall apply throughout this Section; however, nothing in this Section shall be construed as expanding or restricting the definitions in G.S. 106-129 and G.S. 106-130:

(1)           "Adulterated" as used in G.S. 106-129 means the following:

(a)           Any cooked crustacea or crustacea meat that does not comply with these Rules;

(b)           Any cooked crustacea or crustacea meat which exceeds the bacteriological standards in Rule .0182 of this Section;

(c)           Any cooked crustacea or crustacea meat which has been deemed to be an imminent hazard;

(2)           "Code date" means the date conspicuously placed on the container to indicate the date that the product was packed.

(3)           "Cook" means to prepare or treat raw crustacea by heating.

(4)           "Critical control point" means a point, step or procedure in a food process at which control can be applied, and a food safety hazard can as a result be prevented, eliminated or reduced to acceptable levels.

(5)           "Critical limit" means the maximum or minimum value to which a physical, biological or chemical parameter must be controlled at a critical control point to prevent, eliminate or reduce to an acceptable level the occurrence of the identified food safety hazard.

(6)           "Crustacea meat" means the meat of crabs, lobster, shrimp or crayfish.

(7)           "Division" means the Division of Environmental Health or its authorized agent.

(8)           "Food‑contact surface" means the parts of equipment, including auxiliary equipment, which may be in contact with the food being processed, or which may drain into the portion of equipment with which food is in contact.

(9)           "Food safety hazard" means any biological, chemical or physical property that may cause a food to be unsafe for human consumption.

(10)         "Foreign" means any place or location outside the United States.

(11)         "Fresh crustacea" means a live, raw or frozen raw crab, lobster, shrimp or crayfish which shows no decomposition.

(12)         "HACCP plan" means a written document that delineates the formal procedures a dealer follows to implement food safety controls.

(13)         "Hazard analysis critical control point (HACCP)" means a system of inspection, control and monitoring measures initiated by a dealer to identify microbiological, chemical or physical food safety hazards which are likely to occur in shellfish products produced by the dealer.

(14)         "Imminent hazard" means a situation which is likely to cause an immediate threat to human life, an immediate threat of serious physical injury, an immediate threat of serious physical adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken.

(15)         "Internal temperature" means the temperature of the product as opposed to the ambient temperature.

(16)         "Misbranded" as used in G.S. 106-130 means any container of cooked crustacea or crustacea meat which is not labeled in compliance with these Rules.

(17)         "Operating season" means the season of the year during which a crustacea product is processed.

(18)         "Pasteurization" means the process of heating every particle of crustacea meat in a hermetically‑sealed 401 by 301 one pound container to a temperature of at least 185°F (85°C) and holding it continuously at or above this temperature for at least one minute in properly operated equipment.  The term includes any other process which has been found equally effective by the Division.

(19)         "Pasteurization date" means a code conspicuously placed on the container to indicate the date that the product was pasteurized.

(20)         "Person" means an individual, corporation, company, association, partnership, unit of government or other legal entity.

(21)         "Processing" means any of the following operations when carried out in conjunction with the cooking of crustacea or crustacea meat:  receiving, refrigerating, air‑cooling, picking, packing, repacking, thermal processing, or pasteurizing.

(22)         "Repacker" means a facility which repacks cooked crustacea meat into other containers.

(23)         "Responsible person" means the individual present in a cooked crustacea facility who is the apparent supervisor of the cooked crustacea facility at the time of the inspection.  If no individual is the apparent supervisor, then any employee is the responsible person.

(24)         "Sanitize" means a bactericidal treatment by a process which meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.

(25)         "Standardization report" means a report of tests which show that a piece of equipment can produce time/temperature results as required by these Rules.

(26)         "Thermal processing" means the heating of previously cooked crustacea or crustacea meat to a desired temperature for a specified time in properly operated equipment.

 

History Note:        Authority G.S. 106‑129; 106‑130; 130A‑230;

Eff. October 1, 1992;

Amended Eff. August 1, 2000; August 1, 1998; February 1, 1997.

 

15A NCAC 18A .0135       PERMITS

(a)  No person shall operate a processing facility without a permit issued by the Division.

(b)  No person shall operate a repacker facility without a repacker permit issued by the Division.

(c)  Application for a permit shall be submitted in writing on an application form available from the Division.

(d)  No permit shall be issued by the Division until an inspection shows that the facility and equipment comply with applicable rules of this Section.

(e)  A permit issued to one person is not transferrable to another person.

(f)  The permit shall be posted in a conspicuous place in the facility.  All permits shall expire on March 31 of each year.

(g)  Plans and specifications for proposed new construction, expansion of operations or changes in operating processes shall be submitted to the Division for review and approval prior to beginning construction.

(h)  A permit may be revoked or suspended pursuant to G.S. 130A‑23.

(i)  The owner or responsible person shall sign the completed inspection sheet to acknowledge receipt of the inspection sheet.

 

History Note:        Authority G.S. 130A‑23; 130A-230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0136       APPLICABILITY OF RULES

The Rules in this Section shall apply to the operation of all facilities and persons permitted in Rule .0135 of this Section and all other businesses and persons that buy, sell, transport or ship cooked crustacea or crustacea meat which has not been transformed into another product.  Foreign crustacea meat processed in North Carolina shall comply with all applicable Federal requirements.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. April 1, 1997.

 

 

 

15A NCAC 18A .0137       GENERAL REQUIREMENTS FOR OPERATION

(a)  During the operating season the processing portion of the facility shall be used for no purpose other than the processing of cooked crustacea or crustacea meat.

(b)  Retail sales of cooked crustacea or crustacea meat shall not be made from any processing portion of the facility.

(c)  Accurate records of all purchases and sales of crustacea and crustacea meat shall be maintained for one year.  The records shall be available for inspection by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. April 1, 1997.

 

 

 

15A NCAC 18A .0138       SUPERVISION

(a)  The owner or responsible person shall supervise the processing operation and be responsible for compliance with the rules of this Section.

(b)  No unauthorized persons shall be allowed in the facility during the periods of operation.

(c)  The owner or responsible person shall observe employees daily to ensure compliance with Rule .0153 of this Section.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0139       FACILITY FLOODING

If the facility floors are flooded, processing shall be discontinued until flood waters have receded and the facility and equipment are cleaned and sanitized.  Any cooked crustacea or crustacea meat which may have been contaminated by flood waters shall be deemed adulterated and disposed of in accordance with G.S. 130A‑21(c).

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0140       FLOORS

Floors shall be of concrete or other equally impervious material, constructed so that they may be easily cleaned and shall be sloped so that water drains.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0141       WALLS AND CEILINGS

(a)  Walls and ceilings shall be constructed of smooth, easily cleanable, non‑corrosive, impervious material.

(b)  Insulation on cooked crustacea cooler walls shall be covered to the ceiling with a smooth, easily cleanable, non‑corrosive, impervious material.

(c)  Doors and windows shall be properly fitted and maintained in good repair.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0142       LIGHTING

(a)  Natural or artificial lighting shall be provided in all parts of the facility.  Minimum lighting intensities shall be as follows:

(1)           50 foot‑candles on working surfaces in the picking and packing rooms and areas.

(2)           10 foot‑candles measured at a height of 30 inches above the floor throughout the rest of the processing portion of the facility.

(b)  Light bulbs within the processing portion of the facility shall be shatterproof or shielded to prevent product contamination in case of breakage.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0143       VENTILATION

All rooms and areas shall be ventilated.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0144       INSECT CONTROL

All outside openings shall be screened, provided with wind curtains or be provided with other methods to eliminate the entrance of insects.  All screens shall be kept in good repair.  All outside doors shall open outward and shall be self‑closing.  The use and storage of pesticides shall comply with all applicable State and Federal laws and rules.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0145       RODENT AND ANIMAL CONTROL

Measures shall be taken to keep animals, fowl, rodents, and other vermin out of the facility.  The storage and use of rodenticides shall comply with all applicable State and Federal laws and rules.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0146       PREMISES

(a)  Premises under the control of the owner shall be kept clean at all times.  Waste materials, rubbish, other articles or litter shall not be permitted to accumulate on the premises.  Other items shall be properly stored.

(b)  Measures shall be taken to prevent the harborage and breeding of insects, rodents and other vermin on premises.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0147       WATER SUPPLY

(a)  The water supply used shall be in accordance with 15A NCAC 18A .1700.

(b)  A cooked crustacea facility using a non‑community water supply shall be listed with the Public Water Supply Section, Division of Environmental Health.

(c)  Water samples for bacteriological analysis shall be collected at least annually by the Division and submitted to the Laboratory Division of the Department or another laboratory certified by the Department for analysis.

(d)  Cross‑connections with unapproved water supplies are prohibited.  Hot and cold running water under pressure shall be provided to food preparation, utensils and handwashing areas and any other areas in which water is required for cleaning.  Running water under pressure shall be provided in sufficient quantity to carry out all food preparation, utensil washing, hand washing, cleaning and other water‑using operations.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0148       ICE

(a)  Ice shall be obtained from a water supply approved by the Division pursuant to Rule .0147 of this Section and shall be stored and handled in accordance with these Rules.

(b)  All equipment used in the handling of ice shall be used for no other purpose and shall be cleaned and sanitized at least once each day the facility is in operation.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0149       PLUMBING

(a)  Plumbing fixtures shall be located to facilitate the flow of processing activities and to prevent the splashing of water on food‑contact surfaces or cooked crustacea and crustacea meat.

(b)  Fixtures, ducts and pipes shall not be suspended over working areas.

(c)  Handwash lavatories shall be located so that the supervisor can readily observe that employees wash and sanitize their hands before beginning work and after each interruption.

(d)  Handwash lavatories shall be provided in the following locations:

(1)           Packing room or area.

(2)           Toilet or lounge area.

(3)           Picking room.

(e)  At least one handwash lavatory shall be provided for every 20 employees among the first 100 employees and at least one handwash lavatory shall be provided for every 25 employees in excess of the first 100 employees.

(f)  Additional lavatories required by Paragraph (e) of this Rule shall be located in the picking room.

(g)  A container shall be located near each handwash lavatory in the picking room and packing room or area to sanitize hands in a solution containing at least 100 parts per million (ppm) of available chlorine or other equally effective bactericide.  A suitable testing method or equipment shall be available and regularly used to test chemical sanitizers to insure minimum prescribed strengths.

(h)  Soap and single service towels in protected dispensers, or other approved hand drying devices, shall be available near the handwash lavatories.

(i)  All pre‑cool rooms, picking rooms, packing rooms or areas, and cooking areas shall be provided with hosebibs and wash down hoses.  Storage racks shall be provided to keep the hoses elevated off the floor when not in use.

(j)  An automatically regulated hot‑water system shall be provided to furnish a sufficient volume of hot water with a temperature of at least 130° F (54.5° C) to carry out all processing operations.

(k)  All handwash lavatories and sinks shall be equipped with mixing faucets.

(l)  A three‑compartment sink with drainboards, large enough to wash the largest utensils used in the facility, shall be located in the picking room near the delivery shelf.  One three‑compartment sink, with drainboards, shall be provided for every 50 employees or fraction thereof.

(m)  The floor drains in coolers shall not be connected directly to a sewer in processing or repacking facilities constructed after October 1, 1992.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0150       SEWAGE DISPOSAL

All sewage and other liquid wastes shall be disposed of in a public sewer system or in the absence of a public sewer system, by an on‑site method approved by the Division or the Department of Environment, Health, and Natural Resources.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0151       TOILETS

(a)  Toilets shall be provided in the facility; however, privies may be substituted for toilets when the conditions in Paragraph (d) of this Rule are met.

(b)  Toilet tissue shall be provided.

(c)  Toilet room doors shall not open directly into processing areas of the facility and shall be self‑closing.

(d)  Only privies that meet the requirements of Section .1900 of this Subchapter and that were in place at a processing or repacking facility prior to October 1, 1992 may be used at the facility after October 1, 1992.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0152       SOLID WASTE

(a)  Cooked crustacea scrap and other putrescible wastes shall be removed from the premises at least daily.  Other solid wastes shall be removed from the premises at least weekly.

(b)  Scrap containers shall be removed from the picking room immediately after filling and placed in storage areas approved by the Division.

(c)  Scrap containers shall be non‑corrosive and cleaned at least daily.

(d)  Scrap containers shall be cleaned in an area approved by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0153       PERSONAL HYGIENE

(a)  All employees shall wash their hands with soap and running water before beginning work and again after each interruption.  Signs to this effect shall be posted in conspicuous places in the facility by the owner.

(b)  All persons handling cooked crustacea or crustacea meat shall sanitize their hands before beginning work and again after each interruption.

(c)  All persons employed or engaged in the handling, picking or packing of cooked crustacea or crustacea meat shall wear clean, washable outer clothing.

(d)  Employees shall not eat food, drink nor use tobacco in any form in the areas where cooked crustacea or crustacea meat are stored, processed or handled.

(e)  Any person known to be a carrier of any disease which can be transmitted through the handling of cooked crustacea or crustacea meat or who has an infected wound or open lesion on any exposed portion of the body shall be prohibited from handling cooked crustacea or crustacea meat.

(f)  Hair restraints shall be worn by all employees who handle cooked crustacea or crustacea meat.

(g)  The arms of personnel who pick or pack cooked crustacea or crustacea meat shall be bare to the elbow or covered with an arm guard approved by the Division.

(h)  Personnel who pick and pack cooked crustacea or crustacea meat shall have clean short fingernails, free from nail polish and shall not wear jewelry other than easily cleanable rings.  The use of absorbent wraps or absorbent finger cots shall not be permitted.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0154       EMPLOYEES' PERSONAL ARTICLES

Employees' street clothing, aprons, gloves and personal articles shall not be stored in rooms or areas described in Rule .0159(b) of this Section.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0155       SUPPLY STORAGE

Shipping containers, boxes and other supplies shall be stored in a storage room or area.  The storage room or area shall be kept clean.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0156       EQUIPMENT AND UTENSIL CONSTRUCTION

All processing equipment and utensils shall be smooth, easily cleanable, durable and kept in good repair.  The food‑contact surfaces of equipment, utensils and processing machinery shall be easily accessible for cleaning, non‑toxic, non‑corrosive, non‑absorbent and free of open seams.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0157       FACILITY AND EQUIPMENT SANITATION

(a)  The walls and floors in the picking and packing areas shall be kept clean while operating and shall be sanitized at least daily and whenever there is evidence of contamination.

(b)  All food‑contact surfaces shall be washed, rinsed and sanitized prior to starting operation each day and whenever there is evidence of contamination.

(c)  Reusable picking containers and knives shall be washed, rinsed and sanitized each time crustacea meat is delivered to the packing room.

(d)  Sanitizing methods are as follows:

(1)           By steam in a steam chamber or box equipped with an indicating thermometer located in the coldest zone, by exposure to a temperature of 170° F (77° C) for at least 15 minutes or to a temperature of 200° F (93° C) for at least five minutes.

(2)           By immersion for at least one minute in the third compartment in clean hot water at a temperature of at least 170° F (77° C).  A thermometer accurate to 3°F (1.5° C) shall be available to the compartment.  Where hot water is used for bactericidal treatment, a booster heater that maintains a water temperature of at least 170° F (77° C) in the third compartment at all times when utensils are being washed shall be provided.  The heating device may be integral with the immersion compartment.

(3)           By immersion for at least one minute in, or exposure for at least one minute to a constant flow of, a solution containing not less than 100 ppm chlorine residual.  Utensils and equipment which have to be washed in place will require washing, rinsing and sanitizing.

(4)           By other equivalent products and procedures approved in 21 CFR 178.1010 "Sanitizing solutions" from the "Food Service Sanitation Manual" published by the U.S. Food and Drug Administration.  21 CFR 178.1010 is hereby incorporated by reference including any subsequent amendments and editions.  This material is available for inspection, and copies may be obtained at no cost, at the Shellfish Sanitation Branch, 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557.  A suitable testing method or equipment shall be available and regularly used to test chemical sanitizers to insure minimum prescribed strengths.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

15A NCAC 18A .0158       EQUIPMENT STORAGE

Equipment and utensils that have been cleaned and sanitized shall be stored to protect against contamination.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0159       SEPARATION OF OPERATIONS

(a)  Facility design shall provide for continuous flow of raw materials and product to prevent contamination by exposure to areas involved in earlier processing steps, refuse or other areas subject to contamination.

(b)  The following processes shall be carried out in separate rooms or areas:

(1)           Raw crustacea receiving or refrigeration.

(2)           Crustacea cooking.

(3)           Cooked crustacea air‑cool.

(4)           Cooked crustacea refrigeration.

(5)           Picking.

(6)           Packing.

(7)           Picked crustacea meat refrigeration.

(8)           Pasteurizing/thermal processing.

(9)           Machine picking.

(10)         Repacking.

(11)         Other processes when carried out in conjunction with the cooking of crustacea or crustacea meat.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. April 1, 1997.

 

 

 

15A NCAC 18A .0160       RAW CRUSTACEA RECEIVING AND REFRIGERATION

(a)  Only fresh crustacea shall be accepted for processing.

(b)  Within two hours of receipt at the facility, crustacea shall be cooked or placed in a refrigerated area maintaining a temperature of 50° F (10 C) or below.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

15A NCAC 18A .0161       CRUSTACEA COOKING

(a)  The cooking area or room shall be under a roof located between the area for receiving raw crustacea and the air‑cool room and shall be vented to assure the removal of steam.

(b)  Crustacea shall be cooked in accordance with the following:

(1)           Crabs shall be cooked under steam pressure until the internal temperature of the center‑most crab reaches 235° F (112.8° C).  Temperature shall be measured with an accurate, indicating thermometer having a range of 170‑270° F (77‑132° C).

(2)           Other crustacea shall be cooked until the internal temperature of the center‑most crustacean reaches 180° F (83° C) and is held at this temperature for one minute.  Temperature shall be measured with an accurate, indicating thermometer.  Crayfish shall be culled and cleaned prior to cooking.

(3)           Nothing in this Rule shall prohibit any other cooking process which has been found equally effective and approved by the Division.

(c)  The retort shall be constructed to permit a working pressure of at least 20 pounds per square inch (psig).  Steam inlet and venting shall provide a uniform and complete distribution of steam.  Venting shall be sufficient to permit complete elimination of air from the retort.  Drains and vents shall be located at least two feet above mean high tide.

(d)  The retorts shall be equipped with:

(1)           An accurate, indicating thermometer with a range that will include 170‑270° F (77‑132° C) and located with the sensor extending into the heat chamber.

(2)           An operating pressure indicator, at least three inches in diameter, with a 0‑30 psig range and located adjacent to the indicating thermometer.

(3)           A safety valve operational at 18‑30 psig, located in the upper portion of the retort, protected from tampering and designed to prevent injury to the operator.

(e)  The boiler shall be of such capacity as to maintain 45 to 100 psig during cooking.  The steam line from the boiler to the retort shall be at least one and one‑fourth inch inside diameter.

(f)  Overhead hoists shall be equipped with chain bags or other means of preventing foreign material from falling onto the cooked product.

(g)  Retort cooking baskets shall be of stainless steel or equally impervious, non‑corrosive and durable material, and shall be designed to allow for equal steam disbursement, ease of handling, dumping and cleaning.

(h)  All construction or replacement of retorts after October 1, 1992 shall be "flow‑through" type and opening directly into the air‑cool room or a protected passageway into the air‑cool room.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

15A NCAC 18A .0162       COOKED CRUSTACEA AIR‑COOL

(a)  Cooked crustacea, after removal from the retort, shall be moved immediately to the cooked crustacea air cool area to be air cooled to ambient temperature without being disturbed.  Cooked crustacea shall be stored in original cooking basket.

(b)  The construction and arrangement of the air‑cool room shall be designed to provide protection from contamination of the cooked crustacea.  The air‑cool room shall open directly into the cooked crustacea cooler or other protected area.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0163       COOKED CRUSTACEA REFRIGERATION

(a)  The cooked crustacea cooler shall be large enough to store all cooked crustacea and maintain a minimum temperature of 40° F (4.4° C).  The cooler shall open directly into the picking room or into a clean, enclosed area leading into the picking room.

(b)  Cooked crustacea shall be stored at a temperature between 33° F (0.5° C) and 40° F (4.4° C) ambient air temperature if not immediately processed.  The cooler shall be equipped with an accurate, operating thermometer.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

15A NCAC 18A .0164       COOKED CRUSTACEA PICKING

(a)  The picking operation shall be conducted in a manner to prevent contamination.

(b)  All cooked crustacea shall be picked before a new supply is delivered to the picking table.

(c)  Picked crustacea meat shall be delivered to the packing room at least every 90 minutes or upon the accumulation of five pounds per picker whichever is sooner.

(d)  Paper towels used at the picking table shall be discarded after initial use.

(e)  If provided, bactericidal solutions at picking tables shall be maintained at 100 ppm chlorine solution or an equivalent bactericidal solution.  A testing method or equipment to insure minimum prescribed strengths shall be available and used to test chemical sanitizers.

(f)  Handles of picking knives shall not be covered with any material.

(g)  Crustacea shall be cooked and picked in the same permitted facility unless a written plan for interfacility shipment has been filed with the Division.  The plan shall address and be approved based upon the following:

(1)           time-temperature;

(2)           shipping-destination;

(3)           handling;

(4)           labeling;

(5)           records;

(6)           processing;

(7)           sanitation; and

(8)           HACCP plan.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Temporary Amendment Eff. July 1, 2000;

Temporary Rule Expired on March 12, 2001;

Amended Eff. August 1, 2002.

 

15A NCAC 18A .0165       PACKING

(a)  Crustacea meat shall be packed in a container, iced and cooled to an internal temperature of 40° F (4.4° C) or below within two hours of receipt in the packing room.

(b)  The storage of ice in the packing room shall be in an easily cleanable, non‑corrosive, non‑toxic container.

(c)  Blending or combining of any of the following shall be prohibited:

(1)           Fresh crustacea meat.

(2)           Frozen crustacea meat.

(3)           Pasteurized crustacea meat.

(4)           Crustacea meat packed in another facility.

(d)  Clean shipping containers shall be provided for storing and shipping of packed crustacea meat.

(e)  The return of overage to a picker shall be prohibited.

(f)  Washing of picked crustacea meat shall be under running potable water.  The crustacea meat shall be thoroughly drained prior to packing.

(g)  Any substance added to cooked crustacea or crustacea meat shall be approved and labeled according to Federal and State rules and regulations.

(h)  Only those individuals responsible for packing the crustacea or crustacea meat shall be allowed in the packing room or area.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

15A NCAC 18A .0166       PICKED CRUSTACEA MEAT REFRIGERATION

(a)  The refrigeration room or ice box shall be of sufficient size so that a full day's production, with ice, can be properly stored and shall be equipped with an accurate, operating thermometer.

(b)  Ice boxes shall be easily cleanable, non‑corrosive, non‑toxic with an impervious lining and a drain.

(c)  Picked crustacea meat shall be stored between 33° F (0.5° C) and 40° F (4.4° C).

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

15A NCAC 18A .0167       DELIVERY WINDOW OR SHELF

A delivery window or a non‑corrosive shelf shall be provided between the picking room and packing room or area.  The delivery window shall be equipped with a shelf completely covered with smooth, non‑corrosive metal or other material approved by the Division and sloped to drain towards the picking room.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0168       SINGLE‑SERVICE CONTAINERS

(a)  Single‑service containers used for packing or repacking cooked crustacea and crustacea meat shall be made from food safe materials approved by the United States Food and Drug Administration.

(b)  Containers shall not be reused for packing or repacking cooked crustacea and crustacea meat.

(c)  No person shall use containers bearing a permit number other than the number assigned to the facility.

(d)  Each container or lid shall be legibly impressed, embossed or lithographed with the name and address of the original packer, repacker or distributor. The original packer's or repacker's permit number preceded by the state abbreviation shall be legibly impressed, embossed or lithographed on each container or lid.

(e)  Each container or lid shall be permanently and legibly identified with a code date.

(f)  All containers and lids shall be stored and handled in accordance with these Rules, sanitized by a procedure as stated in Rule .0157 of this Section and drained prior to filling.

(g)  All containers shall be sealed so that tampering can be detected.  The words "Sealed For Your Protection" or equivalent shall be prominently displayed on the container or lid.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. August 1, 1998; February 1, 1997.

 

 

 

15A NCAC 18A .0169       FREEZING

(a)  If crustacea or crustacea meat is to be frozen, the code date shall be followed by the letter "F."

(b)  Frozen crustacea or crustacea meat shall be stored at a temperature of 0° F (-18° C) or less.

(c)  The frozen storage rooms shall be equipped with an accurate, operating thermometer.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. August 1, 2002; April 1, 1997.

 

15A NCAC 18A .0170       SHIPPING

Cooked crustacea and crustacea meat shall be shipped between 33° F (0.5° C) and 40° F (4.4° C).  Frozen crustacea products shall be shipped at 0° F (‑18° C) or below.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

15A NCAC 18A .0171       WHOLE CRUSTACEA OR CRUSTACEA PRODUCTS

Whole crustacea, claws or any other crustacea products shall be prepared, packaged and labeled in accordance with the rules of this Section.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0172       COOKED CLAW SHIPPING CONDITIONS

(a)  Vehicles used to transport cooked claws shall be mechanically refrigerated, enclosed, tightly constructed, kept clean and equipped with an operating thermometer.

(b)  Cooked crab claws shall be stored and transported between 33° F (0.5° C) and 40° F (4.4° C) ambient air temperature.

(c)  All vehicles shall be approved by the Division prior to use.

(d)  Cooked claw shipping containers shall be marked for intended use, cleaned and sanitized prior to use and approved by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

15A NCAC 18A .0173       repacking

 (a)  Crustacea meat for repacking which is processed in North Carolina shall comply with Rules .0134 through .0187 of this Section.  Crustacea meat for repacking which is processed outside of North Carolina shall comply with Rule .0182 of this Section.  Quarterly bacteriological reports shall be provided to the Division by the repacker of all foreign crustacea meat for repacking.

(b)  The repacker shall provide the Division a current written list of all sources of crustacea meat used for repacking.

(c)  Repacking of crustacea meat:

(1)           Crustacea meat shall not exceed 45° F (7.1° C) during the repacking process.

(2)           Repacking shall be conducted separately by time or space from the routine crustacea meat picking and packing process.

(3)           The food contact surfaces and utensils utilized in the repacking process shall be cleaned and sanitized prior to repacking and thereafter on 30 minute intervals during repacking.

(4)           Repacked crustacea meat shall be maintained at or below 40° F (4.4° C).

(5)           Blending or combining of any of the following shall be prohibited:

(A)          Fresh crustacea meat.

(B)          Frozen crustacea meat.

(C)          Pasteurized crustacea meat.

(D)          Crustacea meat packed in another facility.

(6)           Crustacea meat shall not be repacked more than one time.

(7)           All empty containers shall be rendered unusable.

(d)  Labeling of repacked crustacea meat:

(1)           Each container shall be legibly embossed, impressed or lithographed with the repacker's or the distributor's name and address.

(2)           Each container shall be legibly embossed, impressed or lithographed with the repacker's certification number followed by the letters "RP."

(3)           Each container shall be permanently and legibly identified with a code indicating the repack date.

(4)           Each container shall be sealed so that tampering can be detected.

(5)           Each container of foreign crustacea meat which has been repacked shall be labeled in accordance with Federal labeling requirements.

(e)  Records shall be kept for all purchases of crustacea meat for repacking and sales of repacked meat for one year.  The records shall be available for inspection by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. August 1, 2002; April 1, 1997.

 

15A NCAC 18A .0174       PASTEURIZATION PROCESS CONTROLS ‑ THERMOMETERS

(a)  All pasteurizing equipment shall have a time‑temperature recording thermometer with a temperature controller (combined or separately) and an indicating thermometer.  The thermometers shall be located to give a true representation of the operating temperature of the water bath.  The recording thermometer chart shall be at least a 12‑hour chart and at least 10 inches in diameter.

(b)  The recording thermometer shall be installed so that it will be protected from vibration and from striking by loading operations or facility traffic.  The thermometer mechanism shall be protected from moisture under prevailing conditions.  The thermometer case shall not be opened during the pasteurizing cycle, except for temperature check or for emergency or repair.  A record shall be made when the thermometer case has been opened.

(c)  The recording thermometer shall have a range of at least 120‑220° F (48.9‑104.4° C).  It shall be accurate within plus or minus 1° F between 160° F (71° C)  and 200° F (93° C).  The chart shall be scaled at a maximum of 2° F intervals in the range of 160° F (71° C) and 200° F (93° C).

(d)  The indicating thermometer shall be a thermometer with an accuracy and readability of plus or minus 1° F between 160° F (71° C) and 200° F (93° C).  The thermometer shall be protected against damage.

(e)  The recording thermometer shall be equipped with a spring‑operated or electrically operated clock.  The recorded elapsed time as indicated by the chart rotation shall not exceed the true elapsed time as shown by an accurate watch.  The rotating chart support shall be provided with pins upon which the chart shall be affixed by puncturing the chart.

(f)  The pasteurization unit shall not be operated without a recording thermometer chart in place, the pen in contact with the chart and an inked record being made of the operating time‑temperature cycle.  Any indication of falsification of a thermometer chart shall constitute a violation.  A permanent file of the used thermometer charts shall be maintained by the pasteurizer and kept available for inspection by the Division for a period of one year.  The following information shall be recorded within the confines of the pen markings after the pasteurization cycle has been completed:

(1)           Date of pasteurization.

(2)           Quantity of each batch pasteurized (pounds of crustacea meat or number and size of containers).

(3)           Processor's code of each pack.

(4)           If the pasteurizer processes crustacea meat for someone else, then the packer's name, address and permit number must be recorded.  A copy of the recording chart shall be provided to the owner of the crustacea meat.

(5)           Notation of mechanical or power failure or opening of the recording thermometer case for adjustment or repair during the pasteurizing cycle.

(6)           After the optimum temperature in the water bath has been reached and during the holding time, the reading of the indicating thermometer and the time of reading shall be recorded on the chart.

(7)           Signature of the pasteurizer operator.

(g)  A constant flow steam control valve is required, if steam is used as a source of heat.

(h)  The water bath shall be provided with effective agitation to maintain a uniform temperature.

(i)  Other technologies that provide the data, information and records as required in this Rule may be used if approved by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. April 1, 1997.

 

15A NCAC 18A .0175       PREPARATION OF CRUSTACEA MEAT FOR PASTEURIZATION

The preparation of crustacea meat for pasteurization shall be in compliance with the following:

(1)           Crustacea meat shall be prepared in compliance with Rules .0134 through .0183 of this Section.

(2)           The containers of crustacea meat shall be sealed as quickly as possible after the crustacea meat is picked.

(3)           The sealed container of crustacea meat shall be placed immediately in ice and refrigerated until pasteurized.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. April 1, 1997.

 

 

 

15A NCAC 18A .0176       PASTEURIZATION OF CRUSTACEA MEAT

The pasteurization of crustacea meat shall be in compliance with the following:

(1)           The minimum pasteurization specifications shall be the raising of the internal temperature of the container of crustacea meat to 185° F (85° C) and holding at that temperature for at least one minute at the geometric center of a container.  Each set of pasteurizing equipment shall be standardized so that the minimum pasteurization procedure in this Subparagraph can be obtained.  The pasteurization procedure shall be performed in accordance with the standardization report.  This process shall also be posted adjacent to the pasteurization vat.  The pasteurizer shall keep on file the standardization report and shall provide the Division a copy of such report.

(2)           Alteration of the equipment or loading of containers shall require the procedure be restandardized.

(3)           The containers of crustacea meat shall be cooled to 50° F (10° C) or below within three hours.

(4)           Refrigerated storage shall be provided for the cooled crustacea meat and shall maintain a storage temperature at or below 36° F (2.2° C).

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. August 1, 1998.

 

15A NCAC 18A .0177       LABELING OF PASTEURIZED CRUSTACEA MEAT

Labeling of pasteurized crustacea meat shall be in compliance with the following:

(1)           The label used shall clearly identify the contents of the container as pasteurized crustacea meat.

(2)           Each container shall be permanently and legibly identified with a code indicating the batch and day of processing.

(3)           The words "Perishable‑Keep Under Refrigeration", or equivalent, shall be prominently displayed on the container.

(4)           The original packer's or repacker's permit number preceded by the state abbreviation shall be legibly impressed, embossed or lithographed on each container.  Each container shall be legibly impressed, embossed or lithographed with the name and address of the original packer, repacker or distributor.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0178       INTERFACILITY PASTEURIZATION PROCEDURES

No person shall initiate interfacility pasteurization of crustacea meat without prior written approval by the Division.  Interfacility pasteurization of crustacea meat shall be in conjunction with the following:

(1)           Crustacea meat shall be packed, labeled and refrigerated in compliance with Rules .0134 through .0182 of this Section.  Records shall be maintained to identify each batch of crustacea meat pasteurized.

(2)           Crustacea meat shall be shipped in an enclosed, easily cleanable vehicle at a temperature between 33° F (0.5° C) and 40° F (4.4° C).

(3)           Crustacea meat shall be pasteurized in compliance with Rules .0175 through .0177 of this Section.  The pasteurizer shall provide a copy of each pasteurization chart to the original packer.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

15A NCAC 18A .0179       RECALL PROCEDURE

Each owner of a cooked crustacea or crustacea meat facility or repacker facility shall keep on file a written product recall procedure.  A copy of this recall procedure shall be provided to the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0180       SAMPLING AND TESTING

Samples of cooked crustacea or crustacea meat may be taken and examined by the Division at any time or place.  Samples of cooked crustacea or crustacea meat shall be furnished by the owner or operator of facilities, trucks, carriers, stores, restaurants and other places where cooked crustacea or crustacea meat are sold.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0181       EMBARGO OR DISPOSAL OF COOKED CRUSTACEA OR CRUSTACEA MEAT

(a)  When it has been determined by the Division that cooked crustacea or crustacea meat have not been stored, transported, handled, cooked, picked, packed or offered for sale in compliance with this Section, the cooked crustacea or crustacea meat shall be deemed adulterated.

(b)  Cooked crustacea or crustacea meat prepared for sale to the public determined to be adulterated or misbranded, shall be subject to embargo or disposal by the Division in accordance with G.S. 130A‑21(c).  The Division may embargo, condemn, destroy or otherwise dispose of all cooked crustacea or crustacea meat found to be adulterated or misbranded.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992.

 

 

 

15A NCAC 18A .0182       BACTERIOLOGICAL AND CONTAMINATION STANDARDS

(a)  Cooked crustacea or crustacea meat shall not exceed Escherichia coli Most Probable Number (MPN) of 36 per 100 grams of sample or exceed a standard plate count of 100,000 per gram.

(b)  Pasteurized crustacea meat shall contain no Escherichia coli or fecal coliform.  Samples of pasteurized crustacea meat, taken within 24 hours of pasteurizing, shall not have a standard plate count of more than 3,000 per gram.

(c)  Thermally processed crustacea or crustacea meat shall not exceed Escherichia coli MPN of 36 per 100 grams of sample or exceed a standard plate count of 100,000 per gram.

(d)  Cooked crustacea or crustacea meat shall not be handled in a manner to make it an imminent hazard.

(e)  Cooked crustacea or crustacea meat found not complying with the standards as stated in Paragraph (a), (b),  (c) or (d) of this Rule may be deemed adulterated by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. October 1, 1992;

Amended Eff. August 1, 1998; February 1, 1997.

 

 

 

15A NCAC 18A .0183       ALTERNATIVE LABELING

A durable label, permanently affixed to the container may be used to meet any labeling requirement in this Section.

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 1998.

 

 

 

15A NCAC 18A .0184       THERMAL PROCESSING CONTROLS ‑ THERMOMETERS

(a)  All thermal processing equipment shall have a time‑temperature recording thermometer with a temperature controller (combined or separately) and an indicating thermometer.  The thermometers shall be located to give a true representation of the operating temperature of the process.  The recording thermometer chart shall be at least a 12‑hour chart and at least 10 inches in diameter.

(b)  The recording thermometer shall be installed so that it will be protected from vibration and from striking by loading operations or facility traffic.  The thermometer mechanism shall be protected from moisture under prevailing conditions.  The thermometer case shall not be opened during the thermal processing cycle, except for temperature check or for emergency or repair.  A record shall be made when the thermometer case has been opened.

(c)  The recording thermometer shall have a range of at least 120‑220° F (48.9‑104.4° C).  It shall be accurate within plus or minus 1° F between 160° F (71° C)  and 200° F (93° C).  The chart shall be scaled at a maximum of 2° F intervals in the range of 160° F (71° C) and 200° F (93° C).

(d)  The indicating thermometer shall be a thermometer with an accuracy and readability of plus or minus 1° F between 160° F (71° C) and 200° F (93° C).  The thermometer shall be protected against damage.

(e)  The recording thermometer shall be equipped with a spring‑operated or electrically operated clock.  The recorded elapsed time as indicated by the chart rotation shall not exceed the true elapsed time as shown by an accurate watch.  The rotating chart support shall be provided with pins upon which the chart shall be affixed by puncturing the chart.

(f)  The thermal processing unit shall not be operated without a recording thermometer chart in place, the pen in contact with the chart and an inked record being made of the operating time‑temperature cycle.  Any indication of falsification of a thermometer chart shall constitute a violation.  A permanent file of the used thermometer charts shall be maintained by the thermal processor and kept available for inspection by the Division for a period of one year.  The following information shall be recorded within the confines of the pen markings after the thermal processing cycle has been completed:

(1)           Date of thermal processing.

(2)           Quantity of each batch thermally processed (pounds of crustacea meat or number and size of containers).

(3)           Thermal processor's code of each pack.

(4)           If the thermal processor processes crustacea meat for someone else, then the packer's name, address and permit number must be recorded.  A copy of the recording chart shall be provided to the owner of the crustacea meat.

(5)           Notation of mechanical or power failure or opening of the recording thermometer case for adjustment or repair during the thermal processing cycle.

(6)           After the optimum temperature in the thermal process has been reached and during the holding time, the reading of the indicating thermometer and the time of reading shall be recorded on the chart.

(7)           Signature of the thermal process operator.

(g)  A constant flow steam control valve is required, if steam is used as a source of heat.

(h)  The thermal processing unit shall be provided with effective and uniform temperature.

(i)  Other technologies that provide the data, information and records as required in this Rule may be used if approved by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. April 1, 1997.

 

15A NCAC 18A .0185       THERMAL PROCESSING OF CRUSTACEA AND CRUSTACEA MEAT

The thermal processing of crustacea or crustacea meat shall be in compliance with the following:

(1)           The minimum thermal processing specifications shall be the raising of the internal temperature of the container of crustacea or crustacea meat to a desired temperature and time at the geometric center of a container.  Each set of thermal processing equipment shall be standardized so that the minimum procedure can be obtained.  The thermal process procedure shall be performed in accordance with the standardization report.  This process shall also be posted adjacent to the thermal processing unit.  The thermal processor shall keep on file the standardization report and shall provide the Division a copy of such report.

(2)           Alteration of the equipment or loading of containers shall require the procedure be restandardized.

(3)           The containers of crustacea or crustacea meat shall be cooled to 50° F (10° C) or below within three hours.

(4)           Refrigerated storage shall be provided for the cooled crustacea or crustacea meat and shall maintain a storage temperature at or below 36° F (2.2° C).

 

History Note:        Authority G.S. 130A‑230;

Eff. August 1, 1998.

 

15A NCAC 18A .0186       LABELING OF THERMALLY PROCESSED CRUSTACEA OR CRUSTACEA MEAT

Labeling of thermally processed crustacea or crustacea meat shall be in compliance with the following:

(1)           The label used shall clearly identify the contents of the container as thermally processed crustacea or crustacea meat.

(2)           Each container shall be permanently and legibly identified with a code indicating the batch and day of processing.

(3)           The words "Perishable‑Keep Under Refrigeration" or equivalent shall be prominently displayed on the container.

(4)           The original packer's or repacker's permit number preceded by the state abbreviation shall be legibly impressed, embossed or lithographed on each container.  Each container shall be legibly impressed, embossed or lithographed with the name and address of the original packer, repacker or distributor.

 

History Note:        Authority G.S. 130A‑230;

Eff. April 1, 1997.

 

 

 

15A NCAC 18A .0187       INTERFACILITY THERMAL PROCESSING PROCEDURES

Interfacility thermal processing of crustacea or crustacea meat shall be in conjunction with the following:

(1)           Crustacea or crustacea meat shall be packed, labeled and refrigerated in compliance with Rules .0134 through .0187 of this Section.  Records shall be maintained to identify each batch of crustacea or crustacea meat thermally processed.

(2)           Crustacea or crustacea meat shall be shipped in an enclosed, easily cleanable vehicle at a temperature between 33° F (0.5° C) and 40° F (4.4° C).

(3)           Crustacea or crustacea meat shall be thermally processed in compliance with Rules .0184 through .0187 of this Section.  The thermal processor shall provide a copy of each thermal processing chart to the original packer.

 

History Note:        Authority G.S. 130A‑230;

Eff. August 1, 1998.

 

15A NCAC 18A .0188       HAZARD ANALYSIS

Each dealer shall conduct a hazard analysis to determine the food safety hazards that are reasonably likely to occur for each kind of crustacea or crustacea meat product processed by that dealer and to identify the preventative measures that the dealer can apply to control those hazards. 

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 2000.

 

15a ncac 18a .0189       HACCP PLAN

Each dealer shall have and implement a written HACCP Plan.  The owner or authorized designee shall sign the plan when implemented and after any modification.  The plan shall be reviewed and updated, if necessary, at least annually.  The plan shall, at a minimum:

(1)           List the food safety hazards that are reasonably likely to occur;

(2)           List the critical control points for each of the food safety hazards;

(3)           List the critical limits that must be met for each of the critical control points;

(4)           List the procedures, and frequency thereof, that will be used to monitor each of the critical control points to ensure compliance with the critical limits;

(5)           List any corrective action plans to be followed in response to deviations from critical limits at critical control points;

(6)           Provide a record keeping system that documents critical control point monitoring; and

(7)           List the verification procedures, and frequency thereof, that the dealer will use.  

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 2000.

 

15A NCAC 18A .0190       SANITATION MONITORING REQUIREMENTS

Each dealer shall monitor, at a minimum, the following sanitation items:

(1)           Safety of water;

(2)           Condition and cleanliness of food contact surfaces;

(3)           Prevention of cross contamination;

(4)           Maintenance of hand washing, hand sanitizing and toilet facilities;

(5)           Protection of crustacea or crustacea meat, crustacea or crustacea meat packaging materials and food contact surfaces from adulteration;

(6)           Proper labeling, storage and use of toxic compounds;

(7)           Control of employees with adverse health conditions; and

(8)           Exclusion of pests from the facility.

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 2000.

 

15A NCAC 18A .0191       MONITORING RECORDS

Monitoring records of critical control points and general sanitation requirements shall be recorded, as specified in plan, signed and dated when recorded.  The records shall be reviewed by owner or designee within one week of recording.

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 2000.

 

SECTION .0200 ‑ SANITATION OF SCALLOPS

 

Rules .0201 - .0204 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0201 - .0204); has been transferred and recodified from Rules .0501 - .0504 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .0501 - .0504);  Rules .0205 - .0231 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0205 - .0233); has been transferred and recodified from Rules .0601 - .0627 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .0601 - .0627; effective April 4, 1990.

 

15A NCAC 18A .0201       DEFINITIONS

15A NCAC 18A .0202       ADULTERATED OR MISBRANDED SCALLOPS

15A NCAC 18A .0203       GROWING AND GATHERING: SCALLOPS SHUCKED AT SEA

15A NCAC 18A .0204       SEVERABILITY

15A NCAC 18A .0205       INSPECTION AND APPROVAL

15A NCAC 18A .0206       PERMITS

15A NCAC 18A .0207       APPLICATION

15A NCAC 18A .0208       REVOCATIONS

15A NCAC 18A .0209       SEPARATION OF OPERATIONS

15A NCAC 18A .0210       LIGHTING AND VENTILATION

15A NCAC 18A .0211       FLOORS

15A NCAC 18A .0212       WALLS AND CEILINGS

15A NCAC 18A .0213       INSECT AND RODENT CONTROL

15A NCAC 18A .0214       SHUCKING BENCHES

15A NCAC 18A .0215       REFRIGERATION

15A NCAC 18A .0216       TOILET FACILITIES

15A NCAC 18A .0217       WATER SUPPLY

15A NCAC 18A .0218       HAND WASHING FACILITIES

15A NCAC 18A .0219       WASHING AND SANITIZING FACILITIES

15A NCAC 18A .0220       CONSTRUCTION OF EQUIPMENT

15A NCAC 18A .0221       PERSONAL HEALTH

15A NCAC 18A .0222       PERSONAL HYGIENE

15A NCAC 18A .0223       WASHING OF SCALLOPS

15A NCAC 18A .0224       CONTAINERS

15A NCAC 18A .0225       PACKING

15A NCAC 18A .0226       CLEANSING OF EQUIPMENT

15A NCAC 18A .0227       INTERIOR OF PLANTS

15A NCAC 18A .0228       WASTE DISPOSAL

15A NCAC 18A .0229       REPACKING

15A NCAC 18A .0230       APPEALS PROCEDURE

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; December 1, 1987; July 1, 1985; June 30, 1980;

Repealed Eff. January 4, 1994.

 

 

 

15A NCAC 18A .0231       REFERENCE RULES

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1985;

Repealed Eff. September 1, 1990.

 

 

 

 

SECTION .0300 – sanitation of shellfish - general

 

15A NCAC 18A .0301       DEFINITIONS

The following definitions shall apply throughout Sections .0300 to .0900 of this Subchapter:

(1)           "Adulterated" means the following:

(a)           Any shellfish that have been harvested from prohibited areas;

(b)           Any shellfish that have been shucked, packed, or otherwise processed in a plant which has not been permitted by the Division in accordance with these Rules;

(c)           Any shellfish which exceed the bacteriological standards in Rule .0430 of this Subchapter; and

(d)           Any shellfish which are deemed to be an imminent hazard;

(2)           "Approved area" means an area determined suitable for the harvest of shellfish for direct market purposes.

(3)           "Bulk shipment" means a shipment of loose shellstock.

(4)           "Buy boat or buy truck" means any boat which complies with Rule .0419 of this Subchapter or truck which complies with Rule .0420 of this Subchapter that is used by a person permitted under these Rules to transport shellstock from one or more harvesters to a facility permitted under these Rules.

(5)           "Certification number" means the number assigned by the state shellfish control agency to each certified shellfish dealer.  It consists of a one to five digit number preceded by the two letter state abbreviation and followed by the two letter symbol designating the type of operation certified.

(6)           "Critical control point" means a point, step or procedure in a food process at which control can be applied, and a food safety hazard can as a result be prevented, eliminated or reduced to acceptable levels.

(7)           "Critical limit" means the maximum or minimum value to which a physical, biological or chemical parameter must be controlled at a critical control point to prevent, eliminate or reduce to an acceptable level the occurrence of the identified food safety hazard.

(8)           "Depuration" means mechanical purification or the removal of adulteration from live shellstock by any artificially controlled means.

(9)           "Depuration facility" means the physical structure wherein depuration is accomplished, including all the appurtenances necessary to the effective operation thereof.

(10)         "Division" means the Division of Environmental Health or its authorized agent.

(11)         "Food safety hazard" means any biological, chemical or physical property that may cause a food to be unsafe for human consumption.

(12)         "HACCP plan" means a written document that delineates the procedures a dealer follows to implement food safety controls. 

(13)         "Hazard analysis critical control point (HACCP)" means a system of inspection, control and monitoring measures initiated by a dealer to identify microbiological, chemical or physical food safety hazards which are likely to occur in shellfish products produced by the dealer.

(14)         "Heat shock process" means the practice of heating shellstock to facilitate removal of the shellfish meat from the shell.

(15)         "Imminent hazard" means a situation which is likely to cause an immediate threat to human life, and immediate threat of serious physical injury, an immediate threat of serious physical adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken.

(16)         "Misbranded" means the following:

(a)           Any shellfish which are not labeled with a valid identification number awarded by regulatory authority of the state or territory of origin of the shellfish; or

(b)           Any shellfish which are not labeled as required by these Rules.

(17)         "Operating season" means the season of the year during which a shellfish product is processed.

(18)         "Person" means an individual, corporation, company, association, partnership, unit of government or other legal entity.

(19)         "Prohibited area" means an area unsuitable for the harvesting of shellfish for direct market purposes.

(20)         "Recall procedure" means the detailed procedure the permitted dealer will use to retrieve product from the market when it is determined that the product may not be safe for human consumption as determined by the State Health Director.

(21)         "Relaying or transplanting" means the act of removing shellfish from one growing area or shellfish grounds to another area or ground for any purpose.

(22)         "Repacking plant" means a shipper, other than the original shucker‑packer, who repacks shucked shellfish into containers for delivery to the consumer.

(23)         "Reshipper" means a shipper who ships shucked shellfish in original containers, or shellstock, from permitted shellstock dealers to other dealers or to consumers.

(24)         "Sanitary survey" means the evaluation of factors having a bearing on the sanitary quality of a shellfish growing area including sources of pollution, the effects of wind, tides and currents in the distribution and dilution of polluting materials, and the bacteriological quality of water.

(25)         "Sanitize" means the a bactericidal treatment by a process which meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.

(26)         "SELL BY date" means a date conspicuously placed on a container or tag by which a consumer is informed of the latest date the product will remain suitable for sale.

(27)         "Shellfish" means oysters, mussels, scallops and all varieties of clams.  However, the term shall not include scallops when the final product is the shucked adductor muscle only.

(28)         "Shellstock" means any shellfish which remain in their shells.

(29)         "Shellstock conveyance" means all trucks, trailers, or other conveyances used to transport shellstock.

(30)         "Shellstock dealer" means a person who buys, sells, stores, or transports or causes to be transported shellstock which was not obtained from a person permitted under these Rules.

(31)         "Shellstock plant" means any establishment where shellstock are washed, packed, or otherwise prepared for sale.

(32)         "Shucking and packing plant" means any establishment or place where shellfish are shucked and packed for sale.

(33)         "Wet storage" means the temporary placement of shellstock from approved areas, in containers or floats in natural bodies of water or in tanks containing natural sea water.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. August 1, 2000; August 1, 1998; February 1, 1997; January 4, 1994; September 1, 1990; December 1, 1987.

 

15A NCAC 18A .0302       PERMITS

(a)  No person shall operate any of the following facilities without a permit issued by the Division:

(1)           Depuration facilities;

(2)           Shellstock plants;

(3)           Shucking and packing plants;

(4)           Repacking plants.

(b)  No person shall operate as a shellstock dealer without a permit issued by the Division.

(c)  A permit may be issued to a reshipper when required for out of state shipment.

(d)  Approval for wet storage of shellstock shall be granted only to persons permitted pursuant to this Rule.

(e)  Application for a permit shall be submitted in writing to the Division at the Shellfish Sanitation Office, Fisheries Building, Arendell Street, Morehead City, North Carolina, 28557.  Application forms are available from the Division.

(f)  No permit shall be issued by the Division until an inspection shows that the facilities and equipment comply with all applicable rules of this Subchapter.

(g)  All permits shall be posted in a conspicuous place in the facilities.  All permits shall expire on April 30 of each year.

(h)  Plans and specifications for proposed new construction or remodeling shall be submitted to the Division for review and approval.

(i)  A permit may be revoked or suspended pursuant to G.S. 130A‑23.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. April 1, 1997.

 

15A NCAC 18A .0303       RELAYING PERMITS

If a person is granted a relaying permit by the Division and the Division of Marine Fisheries, shellfish may be removed from certain designated prohibited areas for conditioning and purification prior to marketing and marketed after relaying in a large body of clean water, but only under the following conditions:

(1)           Application for relaying must be received by the North Carolina Division of Marine Fisheries and the Division 15 days prior to relaying.

(2)           Removal and relaying shall be under the supervision of the Division and the Division of Marine Fisheries.

(3)           Shellfish relayed from a prohibited area to a designated area of approved water shall remain down for a period of not less than fourteen days when the water in which shellfish are relayed has a temperature above 50°F (10°C).  When the water temperature is below 50°F (10°C), shellfish shall not be relayed.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

15A NCAC 18A .0304       DEPURATION HARVESTING PERMITS

If a person is granted a depuration harvesting permit by the Division and the Division of Marine Fisheries, shellfish may be removed from certain designated prohibited areas for depuration prior to marketing and marketed after depuration in a permitted facility, but only under the following conditions:

(1)           Application for a depuration harvesting permit must be received by the Division of Marine Fisheries and the Division 15 days prior to harvesting for depuration purposes.

(2)           Harvesting for depuration purposes shall be under the supervision of the Division and the Division of Marine Fisheries.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .0305       APPEALS PROCEDURE

Appeals concerning the interpretation and enforcement of the rules in this Subchapter shall be made in accordance with G.S. 150B.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

 

 

 

 

SECTION .0400 ‑ SANITATION OF SHELLFISH ‑ GENERAL OPERATION STANDARDS

 

Rules .0401 - .0431 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0401 - .0431); has been transferred and recodified from Rules .0901 - .0931 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .0901 - .0931), effective April 4, 1990.

 

15A NCAC 18A .0401       APPLICABILITY OF RULES

The rules in this Section shall apply to the operation of all facilities and persons permitted in Rule .0302 and all other businesses and persons that buy, sell, transport, or ship shellfish.  These Rules do not apply to persons possessing shellfish for personal use.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. April 1, 1997; December 1, 1987.

 

15A NCAC 18A .0402       GENERAL REQUIREMENTS FOR OPERATION

(a)  During the operating season the plant shall be used for no purpose other than the handling of shellfish.  All unnecessary equipment and materials shall be removed from the plant and the floors kept clear for thorough cleaning.

(b)  All floors, walls, shucking benches and stools, shucking blocks, tables, skimmers, blowers, colanders, buckets, or any other equipment or utensils used in the processing operation shall be cleaned and sanitized daily, or more frequently as may be necessary during the day's operation to prevent the introduction of undesirable microbiological organisms and filth into the shellfish product.

(c)  Ceilings and windows shall also be kept clean.  Refrigerators, refrigeration rooms, and ice boxes shall be washed and sanitized.

(d)  Wheelbarrows, measures, baskets, shovels, and other implements used in the handling of shellstock shall not be used for any other purpose and shall be cleaned and stored in the shellstock room when not in use.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0403       SUPERVISION

The owner shall personally supervise or shall designate an individual whose principal duty shall be to supervise and be responsible for compliance with the Rules of this Subchapter.  No unauthorized persons shall be allowed in the plant during periods of operation.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0404       CONSTRUCTION

Shellfish plants shall be adequate in size and construction to permit compliance with the operational provisions of this Subchapter.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0405       PLANT LOCATION

Shellfish plants shall be located so that they will not be subject to flooding by high tides.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0406       FLOORS

Floors shall be of concrete or other equally impervious material, constructed so that they may be easily and thoroughly cleaned and shall be sloped so that water drains completely and rapidly.  For new construction, the joints between walls and floors shall be rounded to expedite cleaning.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0407       WALLS AND CEILINGS

Walls to a height of at least two feet above the floor shall be constructed of smooth concrete or other equally impervious material.  The remainder of the walls and ceilings shall be smooth concrete, cement plaster, or other material approved by the Division and shall be painted with a light color washable paint.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0408       LIGHTING

Natural or artificial lighting shall be provided in all parts of the plant.  Light bulbs, fixtures, or other glass suspended within the plant shall be safety type or otherwise protected to prevent contamination in case of breakage.  Lighting intensities shall be a minimum of 25 foot candles on working surfaces in packing and shucking rooms.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0409       VENTILATION

Ventilation shall be provided to eliminate odors and condensation.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0410       FLY CONTROL

All outside openings shall be screened, provided with wind curtains or be provided with other fly control methods approved by the Division.  All screens shall be kept in good repair.  All outside doors shall open outward and shall be self‑closing.  The use and storage of pesticides shall comply with all applicable state and federal guidelines.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0411       RODENT AND ANIMAL CONTROL

The plant shall be constructed to prevent entrance of rodents and other vermin.  The storage and use of rodenticides shall comply with all applicable state and federal guidelines.  No animals shall be allowed in the plant at any time.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0412       PLUMBING

All plumbing shall be in compliance with applicable plumbing codes.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0413       WATER SUPPLY

(a)  The water supply shall be from a source approved by the Division.

(b)  The water supply used shall be located, constructed, maintained, and operated in accordance with the Commission for Public Health's rules governing water supplies.  Copies of 15A NCAC 18A .1700 and 15A NCAC 18C may be obtained from the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .0414       TOILET FACILITIES

Separate and convenient toilet facilities shall be provided for each sex employed and shall comply with the N.C. State Building Code, Volume 2, Plumbing.  Floors, walls, and ceilings shall be smooth, easily cleanable and kept clean.  Fixtures shall be kept clean.  All toilet wastes and other sewage shall be disposed of in a public sewer system or in the absence of a public sewer system, by an on site sewage disposal system approved by the Department in accordance with G.S. 130A‑335.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .0415       WASTE DISPOSAL

Shells, washings, and other wastes shall be disposed of in a sanitary landfill or in a sanitary manner approved by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0416       PERSONAL HYGIENE

(a)  All employees shall wash their hands thoroughly with soap and running water before beginning work and again after each interruption.  Signs to this effect shall be posted in conspicuous places in the plant by the operator.

(b)  All persons handling shucked shellfish shall sanitize their hands before beginning work and again after each interruption.

(c)  All persons employed or engaged in the handling, shucking, or packing of shellfish shall wear clean, washable outer clothing.  Clean plastic or rubber aprons, overalls, and rubber gloves shall be considered satisfactory.

(d)  Employees shall not use tobacco in any form in the rooms where shellfish are stored, processed, or handled.

(e)  All persons known to be a carrier of any disease which can be transmitted through the handling of shellfish or who have an infected wound or open lesion on any exposed portion of their bodies shall be prohibited from handling shellfish.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0417       LOCKERS

A separate room or locker shall be provided for storing employees' street clothing, aprons, gloves, and personal articles.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0418       SUPPLY STORAGE

Storage room shall be provided for storing shipping containers, tags, and other supplies.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0419       HARVEST BOATS

All boats used in the harvesting and handling of shellstock shall be kept clean and repaired such that the shellstock thereon shall not be subject to adulteration by bilge water, by leakage of water from prohibited areas, or by other means.  Decks, holds, or bins used for shellstock on boats shall not be washed with water from prohibited areas.  Human wastes shall not be discharged into shellfish waters.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0420       TRANSPORTING SHELLSTOCK

(a)  All shellstock storage areas in trucks, buy boats, buy trucks, trailers, and other conveyances used for transporting shellstock shall be enclosed, tightly constructed, painted with a light color washable paint, kept clean, and shall be subject to inspection by the Division.

(b)  Shellstock shall be shipped under temperature and sanitary conditions in accordance with these Rules which will keep them alive and clean and will prevent adulteration or deterioration.  All shellstock shall be kept under mechanical refrigeration at a temperature of 45°F (7.1°C) or below.  All conveyances used to transport shellstock shall be equipped with an operating thermometer.

(c)  Buy boats and buy trucks shall be kept clean with water from a source approved by the Division under Rule .0413 of this Subchapter.  Buy boats and buy trucks shall provide storage space for clean shipping containers, identification tags, and records.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. May 1, 1994.

 

15A NCAC 18A .0421       DAILY RECORD

All permitted persons who conduct any business of buying, selling, or shipping shellfish shall keep an accurate, daily record which shall show the names and addresses of all persons from whom shellfish are received, the location of the source of shellfish, and the names and addresses of all persons to whom shellfish are sold or shipped.  These records shall be recorded and shall be kept on file for one year.  All records shall be open to inspection by the Division at any time during business hours.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. August 1, 1998.

 

 

 

15A NCAC 18A .0422       SHELLSTOCK CLEANING

No person shall offer for sale any shellstock which have not been washed free of bottom sediments and detritus.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0423       SALE OF LIVE SHELLSTOCK

Only live shellstock shall be offered for sale.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0424       SHELLFISH RECEIVING

No person shall receive or accept any shellfish unless the container or package bears the tag or label required by these Rules.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. April 1, 1997.

 

 

 

15A NCAC 18A .0425       TAGGING

(a)  In order that information may be available to the Division with reference to the origin of shellstock, containers holding shellstock shall be identified with a uniform tag or label.  The tag shall be durable, waterproof and measure at least 2-5/8 by 5-1/4 inches (6.7 by 13.3 centimeters).  The tag shall contain legible information arranged in specific order as follows:

(1)           the dealer's name, address and certification number assigned by the appropriate shellfish control agency;

(2)           the original shipper's certification number;

(3)           the harvest date;

(4)           the harvest location, including the country or state abbreviation;

(5)           when the shellstock has been in wet storage, the statement "THIS PRODUCT WAS IN WET STORAGE AT (FACILITY CERTIFICATION NUMBER) FROM (DATE) TO (DATE)";

(6)           the type and quantity of shellfish;

(7)           the following statement shall appear in bold capitalized type "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS."; and

(8)           the following statement, or equivalent,

"Consumer Advisory

Eating raw oysters, clams or mussels may cause severe illness.  People with the following conditions are at especially high risk: liver disease, alcoholism, diabetes, cancer, stomach or blood disorder, or weakened immune system.  Ask your doctor if you are unsure of your risk.  If you eat raw shellfish and become sick, see a doctor immediately."

(b)  The uniform tag or label shall remain attached to the shellstock container until the container is empty and thereafter shall be kept on file for 90 days.

(c)  All shellstock from a depuration facility must be identified as having been cleansed by a depuration facility identified by a name and permit number on the tag.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. April 1, 1997; January 4, 1994; December 1, 1987;

Temporary Amendment Eff. October 12, 1998; February 1, 1998;

Amended Eff. April 1, 1999.

 

15A NCAC 18A .0426       BULK SHIPMENTS

Shipment in bulk shall not be made except where the shipment is from only one consignor to one consignee and accompanied by the uniform shipping tag.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0427       SHELLSTOCK STORAGE

Shellstock held in wet or dry storage must be kept so that they will not become adulterated.  All shellstock held in dry storage shall be kept under mechanical refrigeration at a temperature of 45°F (7.1°C) or below.  All refrigerated shellstock storage areas shall be equipped with an operating thermometer.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. May 1, 1994; December 1, 1987.

 

15A NCAC 18A .0428       SAMPLING AND TESTING

Samples of shellfish may be taken and bacteriologically examined for any public health reason by agents of the Division at any time or place.  Samples of shellfish shall be furnished, upon request, by operators of plants, trucks, carriers, stores, restaurants, and other places where shellfish are sold.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0429       STOPSALE OR DISPOSAL OF SHELLFISH

(a)  When it has been determined by the Division that shellfish have not been grown, harvested, stored, treated, transported, handled, shucked, packed or offered for sale in compliance with 15A NCAC 18A .0300 through .0900 of this Subchapter, those shellfish shall be deemed adulterated.

(b)  Shellfish or shellfish products processed or prepared for sale to the public determined to be adulterated or misbranded shall be subject to stopsale or disposal by the Division.  The Division may temporarily or permanently issue an order to stop sale or condemn, destroy, or otherwise dispose of all shellfish or shellfish containers found to be adulterated or misbranded.

(c)  All shellfish shall be disposed of in a manner prescribed by the Division or by a court of appropriate jurisdiction.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0430       BACTERIOLOGICAL STANDARDS

Shellfish shucked or in the shell and intended or offered for sale in North Carolina that exceed an Escherichia coli Most Probable Number of 230 per 100 grams of sample or a total bacteria count of more than 500,000 per gram or contain pathogenic organisms in sufficient numbers to be hazardous to the public health shall be deemed adulterated by the Division.  Shellfish contaminated by any other substance which renders it unsafe for human consumption shall be deemed adulterated by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0431       STANDARDS FOR AN APPROVED SHELLFISH GROWING AREA

In order that an area be approved for shellfish harvesting for direct market purposes the following criteria must be satisfied as indicated by sanitary survey:

(1)           the shoreline survey has indicated that there is no significant point source contamination;

(2)           the area is not so contaminated with fecal material that consumption of the shellfish might be hazardous;

(3)           the area is not so contaminated with radionuclides or industrial wastes that consumption of the shellfish might be hazardous; and

(4)           the median fecal coliform Most Probable Number (MPN) or the geometric mean MPN of water shall not exceed 14 per 100 milliliters, and not more than 10 percent of the samples shall exceed a fecal coliform MPN of 43 per 100 milliliters (per five tube decimal dilution) in those portions of areas most probably exposed to fecal contamination during most unfavorable hydrographic conditions.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0432       PUBLIC DISPLAY OF CONSUMER ADVISORY

All facilities and persons permitted in Rule .0302 of this Subchapter and all other businesses and persons that sell raw shellfish shall post in a conspicuous place where it may be readily observed by the public the following consumer advisory:

"Consumer Advisory

Eating raw oysters, clams or mussels may cause severe illness.  People with the following conditions are at especially high risk: liver disease, alcoholism, diabetes, cancer, stomach or blood disorder, or weakened immune system.  Ask your doctor if you are unsure of your risk.  If you eat shellfish and become sick, see a doctor immediately."

 

History Note:        Authority G.S. 130A‑230;

Temporary Adoption Eff. October 12, 1998; February 1, 1998;

Eff. April 1, 1999.

 

15A NCAC 18A .0433       HAZARD ANALYSIS

Each dealer shall conduct a hazard analysis to determine the food safety hazards that are reasonably likely to occur for each kind of shellfish product processed by that dealer and to identify the preventative measures that the dealer can apply to control those hazards.

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 2000.

 

15A NCAC 18A .0434       HACCP PLAN

Each dealer shall have and implement a written HACCP Plan.  The owner or authorized designee shall sign the plan when implemented and after any modification.  The plan shall be reviewed and updated, if necessary, at least annually.  The plan shall, at a minimum:

(1)           List the food safety hazards that are reasonably likely to occur;

(2)           List the critical control points for each of the food safety hazards;

(3)           List the critical limits that must be met for each of the critical control points;

(4)           List the procedures, and frequency thereof, that will be used to monitor each of the critical control points to ensure compliance with the critical limits;

(5)           List any corrective action plans to be followed in response to deviations from critical limits at critical control points;

(6)           Provide a record keeping system that documents critical control point monitoring; and

(7)           List the verification procedures, and frequency thereof, that the dealer will use.

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 2000.

 

15A NCAC 18A .0435       SANITATION MONITORING REQUIREMENTS

Each dealer shall monitor, at a minimum, the following sanitation items:

(1)           Safety of water;

(2)           Condition and cleanliness of food contact surfaces;

(3)           Prevention of cross contamination;

(4)           Maintenance of hand washing, hand sanitizing and toilet facilities;

(5)           Protection of shellfish, shellfish packaging materials and food contact surfaces from adulteration;

(6)           Proper labeling, storage and use of toxic compounds;

(7)           Control of employees with adverse health conditions; and

(8)           Exclusion of pests from the facility.

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 2000.

 

15A NCAC 18A .0436       MONITORING RECORDS

Monitoring records of critical control points and general sanitation requirements shall be recorded, as specified in the plan, signed and dated when recorded.  The records shall be reviewed by the owner or designee within one week of recording.

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 2002.

 

SECTION .0500 ‑ OPERATION OF SHELLSTOCK PLANTS AND RESHIPPERS

 

Rules .0501 ‑ .0504 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0501 ‑ .0504); has been transferred and recodified from Rules .1001 ‑ .1004 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .1001 ‑ .1004), effective April 4, 1990.

 

15A NCAC 18A .0501       GENERAL REQUIREMENTS

The rules in Section .0400 shall apply for the operation of shellstock plants and reshippers.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0502       GRADING SHELLSTOCK

(a)  The grading of shellstock shall be conducted only in a permitted shellstock plant.

(b)  A separate grading room or area shall be required for the grading of shellstock.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0503       GRADER

The grader used to grade shellstock, and any other accessories or tables used in the grading operation, shall be constructed for ease of cleaning and shall be properly maintained.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0504       RESHIPPERS

(a)  Reshippers shall meet all applicable requirements for shellstock plants.  When shucked shellfish are reshipped, they shall be obtained from a permitted shipper.  The shucked shellfish shall be received in approved shipping containers at a temperature of 40°F (4°C) or below.  The temperature of the shellfish shall not exceed 40°F (4°C) during the holding and shipping periods.

(b)  Reshippers shall keep adequate and accurate records indicating the source from which shellfish were purchased, the date purchased, the name of the waters from which the shellfish were harvested, and the names and addresses of persons to whom the shellfish were sold for a period of one year.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

SECTION .0600 ‑ OPERATION OF SHELLFISH SHUCKING AND PACKING PLANTS AND REPACKING PLANTS

 

 

Rules .0601 ‑ .0619 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0601 ‑ .0619); has been transferred and recodified from Rules .1101 ‑ .1119 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .1101 ‑ .1119), effective April 4, 1990.

 

 

15A NCAC 18A .0601       GENERAL REQUIREMENTS

The rules in Section .0400 shall apply for the operation of shucking and packing plants and repacking plants.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0602       SEPARATION OF OPERATIONS

A shucking and packing plant shall provide separate rooms for shellstock storage, shucking, heat shock, and general storage.  A separate packing area with delivery shelf shall be required.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0603       HOT WATER SYSTEM

An automatically regulated hot water system shall be provided which has sufficient capacity to furnish water at a temperature of at least 130°F (54°C) during all hours of plant operation.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0604       HANDWASHING FACILITIES

Handwashing facilities, including lavatories, hot and cold running water (combination supply faucet), soap, and individual towels shall be provided in a convenient place in the shucking and packing rooms.  Signs requiring handwashing shall be conspicuously displayed within the plant.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0605       DELIVERY WINDOW OR SHELF

A delivery window or a non‑corrosive shelf shall be installed in the partition between the shucking room and packing area.  No shuckers or unauthorized personnel shall be allowed in the packing room or area.  The delivery window shall be equipped with a shelf completely covered with smooth, non‑corrosive metal or other material approved by the Division for such purpose, sloped to drain towards the shucking room.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0606       NON‑FOOD CONTACT SURFACES

All non‑food contact surfaces of equipment shall be non‑absorbent, and constructed to be easily cleaned.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0607       SHUCKING BENCHES

Shucking benches, tables, and contiguous walls to a height of at least two feet above the bench top, shall be of smooth concrete, non‑corrosive metal, or other durable non‑absorbent material, free from cracks and pits, and so constructed that drainage is complete and rapid and is directed away from the stored shellfish.  Shucking blocks shall be solid, one‑piece construction, removable, and easily cleanable.  The stands, stalls and stools shall be of smooth material and shall be painted with a light colored washable paint.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0608       EQUIPMENT CONSTRUCTION

(a)  All pails, skimmers, measures, tanks, tubs, blowers, paddles, and other equipment, which come into contact with shucked shellfish or with ice used for direct cooling of shellfish, shall be made of smooth, non‑corrosive, impervious materials and constructed so as to be easily cleanable and shall be kept clean and in good repair.

(b)  All equipment, including external and internal blower lines and hoses below a point two inches above the overflow level of the tank and blower drain valves, shall be constructed as to be easily cleanable; and there shall be no V‑type threads in the food‑product zone of the blower.

(c)  The blower and skimmer drain shall not be directly connected with the sewer.  There shall be an air gap, approved by the Division, between the blower and skimmer outlets.   A floor drain shall be provided.

(d)  Air‑pump intakes shall be located in a place protected from dirt and other contamination, and shall be equipped with filters.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .0609       SANITIZING EQUIPMENT

Washing and sanitizing facilities, including a three‑compartment wash sink of adequate size to wash the largest utensils used in the plant shall be provided in a section of the plant convenient to the work areas.  The sink shall be kept in good repair.  Permanent hot and cold water connections, with combination supply faucets, shall be installed so that all vats may receive hot and cold water.  Either steam, hot water, or a sanitizing solution shall be used to sanitize utensils and equipment.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. December 1, 1987.

 

 

 

15A NCAC 18A .0610       EQUIPMENT SANITATION

All utensils and tools, such as opening knives, shucking pails, measures, skimmers, colanders, tanks, tubs, paddles, and containers which come in contact with the shellfish shall be thoroughly cleaned and then sanitized:

(1)           by steam in a steam chamber or box equipped with an indicating thermometer located in the coldest zone, by exposure to a temperature of 170°F (76°C) for at least 15 minutes, or to a temperature of 200°F (93°C) for at least five minutes;

(2)           by immersion in hot water at a temperature of 170°F (76°C) for at least two minutes (a thermometer is required);

(3)           by immersion for at least one minute in, or exposure for at least one minute to, a constant flow of a solution containing not less than 100 parts per million chlorine residual.  Utensils and equipment which have to be washed in place will require washing, rinsing, and sanitizing; or

(4)           by a bactericidal treatment method which will provide equivalent sanitization to that provided by the methods authorized in (1), (2), or (3), as determined by the Division.  If the bactericidal immersion or spray treatment is employed, testing kits shall be used to ensure that minimum solution strengths are maintained throughout the cleaning process.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0611       EQUIPMENT STORAGE

Equipment and utensils which have been cleaned and given bactericidal treatment shall be stored to protect against contamination.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0612       ICE

Ice shall be obtained from a water supply approved by the Division pursuant to Rule .0413 of this Subchapter and shall be stored and handled in a sanitary manner.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0613       SHELLFISH SHUCKING

(a)  Shellfish shall be shucked in a manner that they are not subject to adulteration.  Shellstock shall be reasonably free of mud when shucked.  Only live shellstock shall be shucked.

(b)  Shucking of shellstock shall only be permitted on approved shucking tables or benches.  Floors used by shuckers shall not be used for the storage of shellfish or the retention of shucking pails or other food contact containers.

(c)  When shellstock are stored in the shucking room, protection shall be provided for the storage space to prevent possible adulteration from wash water wastes and from the feet of the employees.

(d)  Shucking pails shall be placed so as to exclude the drippings from shells and from the hands of shuckers.  The pails shall be rinsed with running tap water before each filling.

(e)  Shucked shellfish, when washed, shall be thoroughly washed on a skimmer or a container approved by the Division with cold running water from a source approved by the Division under Rule .0413 of this Subchapter.

(f)  The return of excess shucked shellfish from the packing room shall not be allowed.  All shucked shellfish shall be packed before leaving the packing room.

(g)  If blowers are used for cleansing, the total time that shellfish are in contact with water after leaving the shucker, including the time of washing, rinsing, and any other contact with water shall not be more than 30 minutes.  In computing the time of contact with water, the length of time that shellfish are in contact with water that is agitated, shall be calculated at twice its actual length.  Before packing into containers for shipment or delivery for consumption, the shellfish shall be drained and packed without any added substance.

(h)  Pre‑cooling of shucked shellfish shall be done in equipment which meets National Sanitation Foundation standards or the equivalent.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .0614       CONTAINERS

(a)  Containers used for transporting shucked shellfish shall be made from food safe materials approved by the United States Food and Drug Administration.  These containers shall not be reused for packing shellfish.

(b)  Shucked shellfish shall be packed and shipped in containers, sealed so that tampering can be detected.  Each individual container shall have permanently recorded on the container, so as to be conspicuous, the shucker‑packer's, repacker's, or distributor's name and address, and the shucker‑packer's or repacker's certification number.

(c)  Any container of shucked shellfish which has a capacity of 64 fluid ounces or more shall be dated as of the date shucked on both the lid and sidewall or bottom.  Any container of shucked shellfish which has a capacity of less than 64 fluid ounces shall indicate a SELL BY date.

(d)  No person shall use containers bearing a certification number other than the number assigned to him.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. August 1, 1998; February 1, 1997; December 1, 1987.

 

 

 

15A NCAC 18A .0615       SHELLFISH COOLING

Shucked shellfish shall be cooled to an internal temperature of 45°F (7°C) or less within two hours after delivery to the packing room.  Storage temperatures shall be 40° F (4° C) or below.  No ice or other foreign substance shall be allowed to come into contact with the shellfish after processing has been completed.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. April 1, 1997.

 

15A NCAC 18A .0616       SHELLFISH FREEZING

(a)  If shellfish are to be frozen, they shall be frozen within three days of shucking and packing and the shucked date shall be preceded by the letter (F).

(b)  A temperature of 0° F (-18° C) or less shall be maintained in the frozen storage rooms.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. April 1, 1997; December 1, 1987.

 

15A NCAC 18A .0617       SHIPPING

(a)  Shucked shellfish shall be stored and shipped at 40° F (4° C) or below.

(b)  Shipments shall be tagged or labeled to show the name and address of the consignee, the name and address of the shipper, the name of the state or territory of origin, and the permit number of the shipper.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. April 1, 1997.

 

15A NCAC 18A .0618       HEAT SHOCK METHOD OF PREPARATION OF SHELLFISH

(a)  Facilities.  If a shucking and packing plant uses the heat shock process, it shall be done in a separate room adjacent to the shellstock storage room and the shucking room.

(b)  Tank construction.  The heat shock tank shall be constructed of smooth, non‑corrosive metal, designed to drain quickly and completely and to be easily and thoroughly cleaned.

(c)  Booster heaters.  All heat shock tanks shall be equipped with booster heaters that are thermostatically controlled.

(d)  Shellstock washing.  All shellstock subjected to the heat shock process shall be thoroughly washed with flowing potable water immediately prior to the heat shock operation.

(e)  Water temperature.  During the heat shock process the water shall be maintained at not less than 140°F (60°C) or more than 150°F (65°C).  An accurate thermometer shall be available and used to determine the temperature during the heat shock process.  The heat shock tanks shall be drained and cleaned at the end of each day's operation.

(f)  Alternatives to heat shock method.  Nothing in these Rules shall be construed to prohibit any other process which has been found equally effective.

(g)  Water requirements.  At least eight gallons of heat shock water shall be maintained in the tank for each one half bushel of shellstock being treated.  All water used in the heat shock process shall be from a source approved by the Division under Rule .0413 of this Subchapter.

(h)  Cooling.  Immediately after the heat shock process, all treated shellstock shall be subjected to a cool‑down with potable tap water.  All heat shocked shellstock shall be handled in a manner to prevent adulteration of the product.  Shellfish which have been subjected to the heat shock process shall be cooled to an internal temperature of 45°F (7°C) or below within two hours after this process and shall be placed in storage at 40°F (4°C) or below.

(i)  Cleaning.  At the close of each day's operation, the heat shock tank shall be completely emptied of all water, mud, detritus, and thoroughly cleaned and then rinsed with flowing potable water.

(j)  Sanitizing.  All heat shock tanks shall be sanitized immediately before starting each day's operation.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. August 1, 2002; August 1, 1998; February 1, 1997; September 1, 1990.

 

15A NCAC 18A .0619       REPACKING OF SHELLFISH

(a)  If repacking is practiced, it shall be done strictly in accordance with all the requirements stipulated for shucking and packing plants except those related to shucking.

(b)  The shucked shellfish to be repacked shall be received at the repacking plant in approved shipping containers at a temperature of 32° - 40°F (0° - 4°C) or less.

(c)  Shellfish shall not be repacked more than one time.

(d)  The temperature of the shellfish shall not exceed 45°F (7°C) during the repacking process.

(e)  Containers with a capacity of 64 fluid ounces or less in which shucked shellfish are repacked shall indicate a SELL BY date preceded by the letter R.  Containers with a capacity above 64 fluid ounces in which shucked shellfish are repacked shall be dated to show the original shucking date and repacking date, which will be preceded by the letter (R).

(f)  Repackers shall keep accurate records indicating source from which shellfish were purchased, the date packed, the date of purchase, the area within the state or territory from which the shellfish were harvested, and the names and addresses of persons to whom the shellfish were sold.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. December 1, 1987.

 

15A NCAC 18A .0620       SHELLFISH THAWING AND REPACKING

(a)  Frozen shellfish shall be thawed under temperatures not to exceed 45° F (7° C).

(b)  Shellfish held for thawing shall be separated from other shellfish.

(c)  Thawed shellfish shall not exceed 45° F (7° C) during the repacking process.

(d)  Containers of repacked, thawed shellfish shall be labeled as required in Rule .0619 of this Section and shall also be labeled as "PREVIOUSLY FROZEN", or equivalent.

(e)  Thawed shellfish, which remain in original containers, shall be labeled as required in Rule .0614 of this Section and shall also be labeled as "PREVIOUSLY FROZEN", or equivalent.

 

History Note:        Authority G.S. 130A‑230;

Eff. April 1, 1997.

 

15A NCAC 18A .0621       RECALL PROCEDURE

Each owner of a shellfish facility shall keep on file a written shellfish recall procedure.  A copy of this procedure shall be provided to the Division.

 

History Note:        Authority G.S. 130A-230;

Eff. August 1, 1998.

 

 

 

 

 

SECTION .0700 ‑ OPERATION OF DEPURATION (MECHANICAL PURIFICATION) FACILITIES

 

Rules .0701 ‑ .0713 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0701 ‑ .0713); has been transferred and recodified from Rules .1201 ‑ .1213 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .1201 ‑ .1213), effective April 4, 1990.

 

15A NCAC 18A .0701       GENERAL REQUIREMENTS

The Rules in Section .0400 shall apply for the operation of depuration facilities.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0702       FACILITY SUPERVISION

(a)  The owner shall either personally supervise or designate an individual to be responsible for compliance with the rules of this Subchapter.

(b)  The depuration facility shall be used for no purpose other than the treatment of shellfish and research activities related thereto.  No unauthorized persons shall be allowed in the depuration facility.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0703       FACILITY DESIGN AND SANITATION

(a)  The plant layout shall be designed to physically separate undepurated shellstock from depurated shellstock and be approved by the Division.

(b)  Tank design and construction.  The tank shall be designed to allow for good water circulation.  The tank shall be of sufficient size to allow at least eight cubic feet of sea water per bushel of shellstock in the tank except for soft clams (Mya arenaria), which requires at least five cubic feet of sea water per bushel.   If the tank is rectangular in shape, length to width ratio shall be from two to one (2:1) to four to one (4:1).

(c)  The tank shall be designed so that scum and sludge (shellfish feces, pseudo feces, sand grit, etc.), can be easily removed or flushed out.  The bottom shall be sloped longitudinally at least one fourth to one half inch per foot toward the outlet end.

(d)  To facilitate proper cleaning and sanitation, as well as proper depuration of shellfish, tanks shall be constructed from impervious, non‑toxic, and inert materials.  Coatings, when used, shall be approved by the Division.  Pipes conveying process water throughout the plant shall be so constructed as to be easily disassembled to facilitate cleaning and sanitizing.

(e)  Facility sanitation.  The general sanitation requirement of the facility, physical structure, equipment and utensils, and the sanitary requirements for operations, processes, and personnel shall be approved by the Division.

(f)  Material.  The equipment in the food product zone shall be made of smooth, corrosion resistant, impervious, non‑toxic material and shall meet National Sanitation Foundation standards or the equivalent.

(g)  Plumbing and related facilities.  Plumbing shall be installed in compliance with state and local plumbing ordinances.  Lavatories shall have running hot and cold water.  Lavatories, other than those located in restrooms, shall be located so that their use by personnel can be readily observed.  An automatically regulated hot water system shall be provided which has sufficient capacity to furnish water at a temperature of at least 130°F (54°C) during all hours of plant operation.  Signs shall be posted in toilet rooms and near lavatories, directing employees to wash their hands before starting work and after each interruption.  Pump volutes and impellers shall be of material which is non‑toxic.  The facilities domestic sewage shall be discharged into a sewage disposal system constructed in accordance with state and local requirements.

(h)  Floors.  Floors of rooms in which shellstock are handled or stored shall be constructed of concrete or other material impervious to water; shall be graded to drain quickly; shall be free from cracks and uneven surfaces that interfere with proper cleaning or drainage; and shall be maintained in good repair.

(i)  Walls and ceilings.  The interior surfaces of rooms in which shellstock are handled or stored shall be smooth, washable, a light color, and kept in good repair.

(j)  Lighting.  Natural or artificial light shall be provided in all working and storage rooms.  Light bulbs, fixtures, or other glass suspended within the facility shall be of safety‑type or otherwise protected to prevent contamination in case of breakage.  The water surface of the depuration tanks shall not be subjected to direct sunlight.

(k)  Heating and ventilation.  Working rooms shall be ventilated. Working rooms shall be equipped with heating equipment for use as necessary during the months of September to April.

(l)  Water supply.  The water supply for non‑depuration uses shall be from a source approved by the Division under Rule .0413 of this Subchapter.

(m)  Rodent control.  The depuration facility shall comply with the provisions of Rule .0411 of this Subchapter.

(n)  General cleanliness.  The depuration facility shall be kept clean and free of litter and rubbish.  Miscellaneous and unused equipment and articles which are not necessary to the facility operations shall not be stored in rooms used for depuration or shellstock storage.  Culled shellstock shall be removed promptly from the facility.

(o)  Health of personnel.  Any person known to be infected with any disease in a communicable form, or to be a carrier of any disease which can be transmitted through the handling of shellfish, or who has an infected wound or open lesion on any exposed portion of his body, shall be excluded from handling shellfish in the facility.

(p)  Disposal of all waste water shall be permitted by the appropriate agency.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0704       LABORATORY PROCEDURES

(a)  The laboratory and the laboratory operator shall be approved by the Division.

(b)  The laboratory shall conduct routine bacterial examinations of process water and shellfish, and special examinations when necessary or required in accordance with Rule .0706 of this Subchapter.

(c)  Bacterial examinations of shellfish and sea water shall be made in accordance with "Recommended Procedures for Examination of Sea Water and Shellfish", American Public Health Association, Inc., which is adopted by reference in accordance with G.S. 150B‑14(c), or other methods approved by the Division.  A copy of this publication is available for inspection at the Shellfish Sanitation Office, Marine Fisheries Building, Arendell Street, Morehead City, North Carolina 28557.

(d)  All other physical, chemical, or biological tests shall be conducted according to "Standard Methods for the Examination of Water and Waste Water", prepared and published by American Public Health Association, American Water Works Association, and Water Pollution Control Federation, which is adopted by reference in accordance with G.S. 150B‑14(c), or other methods approved by the Division.  A copy of this publication is available for inspection at the Shellfish Sanitation Office, Fisheries Building, Arendell Street, Morehead City, North Carolina 28557.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1991; September 1, 1990.

 

 

 

15A NCAC 18A .0705       FACILITY OPERATIONS

(a)  Source of shellfish.  Shellfish shall be accepted for treatment at a shellfish depuration facility only from areas designated for this purpose by the Division and the Division of Marine Fisheries.  A detailed description of all areas from which shellfish may be taken for depuration purposes, updated as necessary, shall be prepared by the Division and the Division of Marine Fisheries, and kept on file by the facility owner or operator.  The facility operator shall inspect all containers of raw shellstock upon arrival at the facility to verify that they contain the shellfish species and quantity stated on the surveillance officer's reports.

(b)  Shellstock containers.  Shellstock shall be accepted for treatment and released after depuration in clean containers only.  All containers shall be constructed of non‑absorbent and rust‑proof material, and kept clean and free from foreign matter.  Burlap bags or similar absorbent material shall not be used for transporting shellstock to the depuration facility nor for the removal of shellstock from the facility.

(c)  Culling.  All untreated shellstock prior to, or upon arrival at the facility, shall be thoroughly inspected and culled.  All dead shellfish, or shellfish in broken or cracked shells shall be disposed of in a manner approved by the Division.  The owner or operator shall be held responsible for suitable culling and for the removal and disposal of dead shellfish or shellfish in broken or cracked shells after depuration.

(d)  Washing shellstock.  Before and after depuration all shellstock shall be thoroughly washed or hosed with water taken from a source approved by the Division under Rule .0413 of this Subchapter.  Immersion of shellstock for washing purposes is prohibited.

(e)  Depuration Baskets.  All baskets used in the depuration process shall be made of impervious material and shall not be more than four inches deep.  Baskets shall be of a design to allow water to flow freely over the shellstock in the depuration tanks.  Shellstock shall not be placed more than three inches deep in the baskets.  Baskets shall be stacked in a manner to allow free circulation of water.  There shall be at least three inches clearance separating containers of shellfish in tanks and between the containers and the bottom and sides of the tank.  Containers used for depuration purposes shall not be used for any other purpose and no containers or other equipment shall be placed in the depuration tanks.

(f)  Depuration.  All shellstock upon receipt at the depuration facility, shall be immediately placed in depuration or placed in controlled storage.  Shellstock shall be depurated for a period of 48 hours or longer as required to meet the bacteriological standards established in Rule .0709 of this Subchapter.

(g)  Washing depuration tanks.  After each 24 hours the sea water in the tanks shall be drained out and the shellstock hosed down thoroughly with water from a supply approved by the Division under Rule .0413 of this Subchapter.  All waste matter must be flushed out of the tank.  Immediately after hosing, the tanks shall again be filled with treated sea water.

(h)  Scheduled process.  A scheduled control purification process shall be established outlining the critical parameters for each depuration facility.  This scheduled process shall be written and posted conspicuously at the depuration site.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990; December 1, 1987.

 

 

 

15A NCAC 18A .0706       SHELLFISH SAMPLING PROCEDURES

(a)  Start‑up phase.  When shellfish are delivered to the depuration facility, the following schedule shall be followed:

(1)           One or more shellfish samples (12 or more shellfish per sample) shall be collected for bacterial examination before the shellfish are submitted to the depuration process.

(2)           Three or more shellfish samples, randomly selected from three or more locations in each tank, shall be collected for bacterial examination after 24 hours of depuration.

(3)           Three or more shellfish samples, randomly selected from three or more locations in each tank, shall be collected for bacterial examination after the shellfish have completed the depuration process.

(b)  The above schedule shall be followed until the time that the Division and the facility operator, after review of the results, determine that the shellfish from the area(s) are responding properly to the depuration process, and that the depuration process is successfully reducing bacterial levels.  After the determination, the routine sampling procedures shall be followed.  A routine sampling procedure defining a program of daily sampling shall be established by the Division.  Written permission from the Division must be obtained before the initiation of routine monitoring procedures.

(c)  Any change in laboratory equipment, operators, or procedures, shall be approved by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .0707       DEPURATION PROCESS WATER CONTROL ‑ SAMPLING PROCEDURES

The treatment of shellfish is a controlled process designed to reduce bacterial contamination to an acceptable level.  To insure the continuing effectiveness of the shellfish depuration process, the minimum sampling procedure as described below shall be followed:

(1)           Incoming sea water;

(a)           type of test: temperature, turbidity, salinity, dissolved oxygen, bacteriological;

(b)           frequency: each time sea water is withdrawn;

(2)           Tank water;

(a)           type of test:  bacteriological;

(b)           frequency:  once per day per tank.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0708       DEPURATION TREATMENT PROCESS WATER ‑ STANDARDS

(a)  Water Source.  Depuration process water shall not exceed fourteen fecal coliform Most Probable Number (MPN) per 100 milliliters of water prior to treatment.

(b)  Bacteriological.  All water to be used in shellfish depuration tanks shall be subjected to ultraviolet light treatment.  The tank water bacterial quality shall not exceed one total coliform Most Probable Number (MPN) per 100 milliliters of water.

(c)  Dissolved oxygen.  The amount of dissolved oxygen in the water in the depuration tanks shall be at least five milligrams per liter and shall be measured daily.

(d)  Temperature.  Depuration tank temperature shall be measured daily during the depuration process.  Temperatures of sea water used in the depuration process shall not be below 50°F (10°C) nor above 77°F (25°C).

(e)  Turbidity.  Turbidity in the depuration water shall not exceed 20 Jackson Turbidity Units or other equivalent methods and shall be measured daily.

(f)  Salinity.  Salinity of the depuration water shall deviate no more than plus or minus 20 percent of the value of the harvest area and shall be measured daily.

(g)  pH.  pH of the depuration water shall range from 7.0 to 8.4 and shall be measured daily.

(h)  Metallic ions and compounds.  Levels of metallic ions and compounds shall not exceed levels found in approved shellfish harvesting areas and shall be measured if required by the Division.

(i)  Pesticides, detergents, and radionuclides.  Levels of pesticides, detergents, and radionuclides shall not exceed levels found in approved harvesting areas and shall be measured if required by the Division.

(j)  Marine toxins.  Levels of marine toxins in the incoming sea water and in the source water shall not exceed levels found in approved shellfish harvesting areas and shall be measured if required by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0709       DEPURATION ‑ SHELLFISH MEAT STANDARDS

Shellfish shall not be released for sale if the geometric mean of the fecal coliform MPN of the treated shellfish samples exceeds 20 per 100 grams of sample, or if more than 10 percent of the samples exceed a fecal coliform MPN of 70 per 100 grams of sample, or if any sample fecal coliform MPN exceeds 100 per 100 grams of sample.

(1)           The use of the Elevated Temperature Coliform Plate Count is authorized for the bacteriological evaluation of hard clams, Mercenaria species, and soft clam, Mya arenaria.

(2)           Should the Division suspect adulteration of shellfish by metallic ions and compounds, pesticides, detergents, radionuclides, marine toxins, or any toxic substance or adulterate, the Division shall require that shellfish meats be analyzed for these adulterants before suspect shellfish are released for sale.

 

History Note:        Authority G.A. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0710       ULTRAVIOLET UNIT

Any ultraviolet unit which provides the required treatment and desired results may be used for the purification of water to be used in the depuration process.  The unit shall be designed to deliver, at peak load, at least one gallon per minute of treated water per bushel of shellfish, measured by an approved measuring device or method.

(1)           Cautions and maintenance.  Ultraviolet tubes shall be checked for intensity on a monthly basis and shall be replaced when they reach a point of 60 percent efficiency.  A log of intensity shall be kept and an orderly numbering procedure for units and bulb established.

(2)           Ultraviolet tubes and reflectors shall be cleaned as necessary.  Cleaning may be done with a clean damp cloth or sponge.

(3)           Signs stating "Ultraviolet Light Danger to Eyes ‑ Do Not Look at Bulbs Without Eye Protection" shall be displayed in full view of personnel and authorized visitors.  Skin protection, especially for the face and hands, shall be provided for personnel monitoring the bulbs.  Eye protection may be accomplished by use of ordinary glasses with solid side pieces or special goggles made for this purpose.  Protection for the head may be afforded by a hat and hand protection may be accomplished by the use of gloves.  Face protection may be afforded by the use of certain clear plastics.

(4)           An automatic shutoff switch shall be provided to break the electric current, this shutting off the current to the ultraviolet bulb when the lid of the ultraviolet unit is raised.

(5)           A clock, off‑on current recorder, or other device approved by the Division, shall be installed in line with all ultraviolet units to measure continuity of operation as well as to measure bulb life.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0711       SHELLSTOCK STORAGE

(a)  Refrigeration of shellstock.  Treated shellstock shall be placed in cold storage if they are not released immediately.  The temperature for cold storage shall be 50°F (10°C) or  lower.  A refrigerated storage room shall be provided for depurated shellstock.  All untreated shellstock shall be kept in a separate shellstock storage room.  Measures shall be taken to prevent the unauthorized removal of any shellstock.  All shellstock shall be handled and stored under sanitary conditions in accordance with the rules in this Subchapter.

(b)  Controlled storage.  Shellstock which is received at the depuration facility which cannot be processed immediately shall be placed in controlled storage.  In controlled storage the temperature shall be 50°F (10°C) or lower.  A gradual change of temperature from the storage temperature to the depuration water temperature may then be necessary to insure proper treatment.  Any shellstock which has been held under refrigeration at a depuration facility for more than 48 hours shall not be depurated.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0712       DEPURATION ‑ TAGGING AND RELEASE OF SHELLFISH

No shellstock shall be removed from the depuration facility until approved for release by the operator of the facility as provided in these Rules.  All containers of depurated shellstock shall be tagged before being released from the shellstock depuration facility.  The tag shall contain the name and permit number given the depuration facility by the Division, the quantity of shellstock, and the date the shellstock were released from the depuration facility.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0713       DEPURATION ‑ RECORDS

Records containing the following information shall be available at the depuration facility at all times:

(1)           For shellstock presently undergoing the depuration process:

(a)           name and location of harvesting area(s);

(b)           depuration harvesting permit number(s);

(c)           date received;

(d)           quantity of shellstock in tank(s); and

(e)           date and time of initiation of depuration.

(2)           For each lot of shellstock which have completed the depuration process:

(a)           name and location of harvesting area(s);

(b)           depuration harvesting permit number(s);

(c)           date received into facility;

(d)           date released from the facility;

(e)           date and time of initiation of depuration;

(f)            date and time of termination of depuration;

(g)           number of hours depurated; and

(h)           all laboratory results as specified.

(3)           Every two weeks the facility operator shall send to the Division a copy of the daily records required under this Rule and the results of all shellfish and water samples analyzed during that biweekly period.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

SECTION .0800 ‑ WET STORAGE OF SHELLSTOCK

 

Rules .0801 ‑ .0806 of Title 15A Subchapter 10B of the North Carolina Administrative Code (T15A.10B .0801 ‑ .0806); has been transferred and recodified from Rules .1301 ‑ .1306 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .1301 ‑.1306), effective April 4, 1990.

 

15A NCAC 18A .0801       GENERAL REQUIREMENTS

The rules in Section .0400 shall apply for wet storage of shellstock.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

15A NCAC 18A .0802       PLANT DESIGN: SANITATION: AND WET STORAGE

Plant design, sanitation, and wet storage shall be approved by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0803       WET STORAGE WATER

Water used for wet storage shall be approved by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0804       SHELLSTOCK CLEANING

Shellstock shall be thoroughly washed with water from an approved source and culled to remove dead, broken, or cracked shellstock prior to wet storage in tanks.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0805       WET STORAGE TANKS

Wet storage tanks shall be constructed of smooth, impervious materials approved by the Division and shall be kept clean.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

15A NCAC 18A .0806       SHELLSTOCK CONTAINERS

All containers used during wet storage shall be constructed of non‑absorbant and rust‑proof material, and shall be kept clean.

 

History Note:        Authority G.S. 130A‑230;

Eff. February 1, 1987.

 

 

 

SECTION .0900 ‑ CLASSIFICATION OF SHELLFISH GROWING WATERS

 

Rules .0901 ‑ .0914 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0901 ‑ .0914); has been transferred and recodified from Rules .1401 ‑ .1414 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .1401 ‑ .1414), effective April 4, 1990.

 

15A NCAC 18A .0901       DEFINITIONS

The following definitions shall apply throughout this Section.

(1)           "Approved area" means an area determined suitable for the harvesting of shellfish for direct market purposes.

(2)           "Closed ‑ system marina" means a marina constructed in canals, basins, tributaries or any other area with restricted tidal flow.

(3)           "Commercial marina" means marinas that offer one or more of the following services:  fuel, transient dockage, haul‑out facilities, or repair services.

(4)           "Conditionally approved area" means an area subject to predictable intermittent pollution that may be used for harvesting shellfish for direct market purposes when management plan criteria are met.

(5)           "Depuration" means mechanical purification or the removal of adulteration from live shellstock by any artificially controlled method.

(6)           "Division" means the Division of Environmental Health or its authorized agent.

(7)           "Fecal coliform" means bacteria of the coliform group which will produce gas from lactose in a multiple tube procedure liquid medium (EC or A‑1) within 24 plus or minus two hours at 44.5°C plus or minus 0.2°C in a water bath.

(8)           "Growing waters" means waters which support or could support shellfish life.

(9)           "Marina" means any water area with a structure (dock, basin, floating dock, etc.) which is utilized for docking or otherwise mooring vessels and constructed to provide temporary or permanent docking space for more than 10 boats.

(10)         "Marine biotoxins" means a poisonous substance accumulated by shellfish feeding upon dinoflagellates containing toxins.

(11)         "Most probable number (MPN)" means a statistical estimate of the number of bacteria per unit volume and is determined from the number of positive results in a series of fermentation tubes.

(12)         "Open ‑ system marina" means a marina constructed in an area where tidal currents have not been impeded by natural or man‑made barriers.

(13)         "Private marina" means any marina that is not a commercial marina as defined in this Rule.

(14)         "Prohibited area" means an area unsuitable for the harvesting of shellfish for direct market purposes.

(15)         "Public health emergency" means any condition that may immediately cause shellfish waters to be unsafe for the harvest of shellfish for human consumption.

(16)         "Relaying" means the act of removing shellfish from one growing area or shellfish grounds to another area or ground for any purpose.

(17)         "Restricted area" means an area from which shellfish may be harvested only by permit and subjected to an approved depuration process or relayed to an approved area.

(18)         "Sanitary survey" means the evaluation of factors that affect the sanitary quality of a shellfish growing area including sources of pollution, the effects of wind, tides and currents in the distribution and dilution of polluting materials, and the bacteriological quality of water.

(19)         "Shellfish" means oysters, mussels, scallops and all varieties of clams.  However, the term shall not include scallops when the final product is the shucked adductor muscle only.

(20)         "Shoreline survey" means a visual inspection of the environmental factors that affect the sanitary quality of a growing area and identifies sources of pollution when possible.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989;

Amended Eff. August 1, 1998; February 1, 1997; September 1, 1990.

 

15A NCAC 18A .0902       CLASSIFICATION OF SHELLFISH GROWING WATERS

(a)  All actual and potential shellfish growing areas shall be classified as to their suitability for shellfish harvesting.  Growing waters shall be designated with one of the following classifications:

(1)           Approved area,

(2)           Conditionally approved area,

(3)           Restricted area, or

(4)           Prohibited area.

(b)  Maps showing the boundaries and classification of growing areas shall be maintained by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0903       SANITARY SURVEY

(a)  Growing waters shall be divided into growing areas by the Division.

(b)  A sanitary survey shall be conducted for each growing area every three years except growing areas that are totally prohibited, and shall include the following:

(1)           A shoreline survey to evaluate pollution sources that may affect the area.

(2)           A hydrographic survey to evaluate meteorological and hydrographic factors that may affect distribution of pollutants.

(3)           A bacteriological survey to assess water quality.  A bacteriological survey shall include the collection of growing area water samples and their analysis for fecal coliforms.  The number and location of sampling stations shall be selected to produce the data necessary to effectively evaluate point and non‑point pollution sources.  A minimum of 15 sets of samples shall be collected from growing areas during the three year evaluation period.  Areas without a shoreline may be sampled less frequently.

(c)  Sanitary survey reports shall be prepared every three years.

(d)  All sanitary survey reports shall be maintained by the Division.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0904       APPROVED AREAS

An area classified as approved for shellfish harvesting for direct market purposes, must satisfy the following criteria as indicated by a sanitary survey:

(1)           the shoreline survey has indicated that there is no significant point source contamination;

(2)           the area is not contaminated with fecal material, pathogenic microorganisms, poisonous and deleterious substances, or marine biotoxins that may render consumption of the shellfish hazardous;

(3)           the median fecal coliform Most Probable Number (MPN) or the geometric mean MPN of water shall not exceed 14 per 100 milliliters, and not more than ten percent of the samples shall exceed a fecal coliform MPN of 43 per 100 milliliters (per five tube decimal dilution) in those portions of areas most probably exposed to fecal contamination during adverse pollution conditions.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0905       CONDITIONALLY APPROVED AREAS

(a)  An area may be classified as conditionally approved if the sanitary survey indicates the area will meet approved area classification criteria for a reasonable period of time and the factors determining these periods are known and predictable.

(b)  A written management plan shall be developed by the Division for conditionally approved areas.

(c)  When management plan criteria are met the Division may recommend to the Division of Marine Fisheries the area may be opened to shellfish harvesting on a temporary basis.

(d)  When management plan criteria are no longer met or public health appears to be jeopardized, the Division will recommend to the Division of Marine Fisheries immediate closure of the area to shellfish harvesting.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0906       RESTRICTED AREAS

(a)  An area may be classified as restricted when a sanitary survey indicates a limited degree of pollution and the area is not contaminated to the extent that indicates that consumption of shellfish could be hazardous after controlled depuration or relaying.

(b)  Relaying of shellfish shall be conducted in accordance with 15A NCAC 18A, Rules Governing the Sanitation of Shellfish.

(c)  Depuration of shellfish shall be conducted in accordance with 15A NCAC 18A, Rules Governing the Sanitation of Shellfish.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0907       PROHIBITED AREAS

A growing area shall be classified prohibited if there is no current sanitary survey or if the sanitary survey or other monitoring program data indicate that the area does not meet the criteria as specified in approved, conditionally approved or restricted classifications.  The taking of shellfish for any human food purposes from such areas shall be prohibited.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0908       UNSURVEYED AREAS

Growing areas which have not been subjected to a sanitary survey shall be classified as prohibited.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0909       BUFFER ZONE

A prohibited area shall be established as a buffer zone around each wastewater treatment plant outfall.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0910       RECLASSIFICATION

(a)  Any upward revision of an area classification shall be supported by a sanitary survey and documented in the sanitary survey report.

(b)  A downward revision of an area classification may be made without a sanitary survey.

(c)  When growing waters are reclassified, appropriate recommendations shall be made to the Division of Marine Fisheries regarding the opening and closure of the waters for the harvest of shellfish for human consumption.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0911       MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS

Classification of shellfish growing waters with respect to marinas, docking facilities, and other mooring areas shall be done in accordance with the following:

(1)           All waters within the immediate vicinity of a marina shall be classified as prohibited to the harvesting of shellfish for human consumption.  Excluded from this classification are marinas with less than 30 slips, having no boats over 24 feet in length, no boats with heads and no boats with cabins.  Marinas permitted prior to the effective date of this Rule may continue to have boats up to 21 feet in length with cabins and not be subject to the mandatory water classification of prohibited in the immediate vicinity of the marina.

(2)           Owners of marinas conforming to the exclusion provisions in Item (1) of this Rule shall make quarterly reports to the Division.  These reports shall include the following information:

(a)           number of slips;

(b)           number and length of boats;

(c)           number and length of boats with cabins;

(d)           number of boats with heads; and

(e)           number of boats with "porta‑potties."

Reports to the Division shall cover the occupancy of the marina on the fifth day of the first month of each quarter of the calendar year and shall be post marked on or before the fifteenth day of the reporting month.

(3)           The minimum requirement for the prohibited area beyond the marina shall be based on the number of slips and the type of marina (open or closed system).  The prohibited area shall extend beyond the marina from all boat slips, docks, and docking facilities, according to the following:

 

Number of Slips in Marina                                                Size of Prohibited Area (Feet)

Open System                        Closed System

 

11 ‑  25                                                  100                                         200

26 ‑  50                                                  150                                         275

51 ‑  75                                                  175                                         325

76 ‑ 100                                                 200                                         400

 

Open system marinas exceeding 100 slips shall require an additional 25 feet for each 25 slips or portion thereof over 100.  A closed system marina shall require 50 feet for each 25 slips or portion thereof over 100.  Closed system private or residential marinas with more than 75 slips shall require a prohibited area of the number of feet determined above, or 100 feet outside the entrance canal, whichever is greater.  Closed system commercial marinas with more than 50 slips shall require a prohibited area of the number of feet determined above, or 100 feet outside the entrance canal, whichever is greater.

(4)           After a marina is put in use water quality impacts of marina facilities may require a change in classification.  In determining if a change in classification is necessary, marina design, marina usage, dilution, dispersion, bacteriological, hydrographic, meteorological, and chemical factors will be considered.

(5)           Areas, other than marinas, where boats are moored or docked may be considered on a case‑by‑case basis with respect to sanitary significance relative to actual or potential contamination and classification shall be made as necessary.

(6)           The cumulative impacts of multiple marinas, entrance canals, or other mooring areas, in close proximity to each other are expected to adversely affect public trust waters.  When these situations occur the Division will recommend closures exceeding those outlined in Item (3) of this Rule.  The following guides will be used in determining close proximity:

(a)           marina entrance canals within 225 feet of each other;

(b)           open system marinas within 450 feet of each other (Mooring areas shall be considered open system marinas);

(c)           where closure areas meet or overlap; and

(d)           open system marinas within 300 feet of a marina entrance canal.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989;

Amended Eff. July 1, 1993.

 

15A NCAC 18A .0912       SHELLFISH MANAGEMENT AREAS

When the Division of Marine Fisheries begins operations to relocate shellfish from a restricted or conditionally approved area to an approved area, the Division will recommend to the Division of Marine Fisheries that the area of relocation be closed until cleansing requirements for relayed shellfish have been satisfied.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0913       PUBLIC HEALTH EMERGENCY

(a)  The Division shall recommend to the Division of Marine Fisheries immediate closure of shellfish waters to the harvesting of shellfish in the event of a public health emergency.

(b)  The Division shall recommend to the Division of Marine Fisheries re‑opening shellfish waters when the condition causing the public health emergency no longer exists and shellfish have had sufficient time to purify naturally from possible contamination.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989.

 

 

 

15A NCAC 18A .0914       LABORATORY PROCEDURES

All laboratory examinations for water and shellfish used for the evaluation of growing areas shall be made in accordance with the latest approved edition by the Food and Drug Administration of "Recommended Procedures for Examination of Sea Water and Shellfish", American Public Health Association, Inc., which is adopted by reference in accordance with G.S. 150B‑14(c).  A copy of this publication is available for inspection at the Shellfish Sanitation Office, Marine Fisheries Building, Arendell Street, Morehead City, North Carolina  28557.

 

History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989;

Amended Eff. September 1, 1991; September 1, 1990.

 

 

 

 

 

SECTION .1000 ‑ SANITATION OF SUMMER CAMPS

 

Rules .1001 ‑ .1028 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1001 ‑ .1028); has been transferred and recodified from Rules .1001 ‑ .1028 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .1001 ‑ .1028).  Rule .1030 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1030); has been transferred and recodified from Rule .1029 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .1029), effective April 4, 1990.  Rules .1030 ‑ .1031 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1030 ‑ .1031); has been transferred and recodified from Rules .1032 ‑ .1033 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .1032 ‑ .1033), effective April 4, 1990.

 

15A NCAC 18A .1001       DEFINITIONS

The following definitions shall apply throughout this Section:

(1)           "Summer camp" includes those camp establishments which provide food or lodging accommodations for groups of children or adults engaged in organized recreational or educational programs.  It also includes day camps, church assemblies, and retreats.

(2)           "Department" shall mean the Secretary of the Department of Environment and Natural Resources or his authorized representative.

(3)           "Sanitarian" shall mean a person authorized to represent the Department on the local or state level in making inspections pursuant to state laws and regulations.

(4)           "Person" means an individual, firm, association, organization, partnership, business trust, corporation, or company.

(5)           "Potentially hazardous food" means any food or ingredient, natural or synthetic, in a form capable of supporting the growth of infectious or toxigenic microorganisms, including Clostridium botulinum.  This term includes raw or heat treated foods of animal origin, raw seed sprouts, and treated foods of plant origin.  The term does not include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less.

(6)           "Sanitize" means the approved bactericidal treatment by a process which meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. November 1, 2002; September 1, 1990.

 

15A NCAC 18A .1002       FIELD SANITATION

Summer camps or other organizations may conduct overnight hikes or similar primitive camping activities if accepted field sanitation standards are maintained.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1003       INVESTIGATION AND APPROVAL

(a)  The sponsor of a proposed site for a summer camp may make an advance appointment with a sanitarian from the health department of the county in which the site is located for a joint visit to the site by representatives of the sponsor and the health department.  During the site visit, the sponsor's preliminary plans for development of needed structures and facilities will be evaluated, including water supply, sewage disposal, swimming facilities, solid waste disposal, and insect and rodent control.  If it is determined that the proposed site and facilities, if properly developed and operated, will comply with this Section, the sponsor should proceed to develop final plans and specifications.

(b)  Plans and specifications for camp buildings and equipment, water supply system, sewerage system, and swimming pool or other swimming facility shall be submitted in duplicate to the health department of the county in which the site is located.  Construction shall not be started until the plans and specifications have been approved by the local health department.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1004       PERMITS

(a)  No person shall operate a summer camp within the State of North Carolina who does not possess a valid permit from the Department.  No permit to operate shall be issued until an inspection by a sanitarian shows that the establishment complies with this Section.  Permits or transitional permits are issued by and inspections made by the Department.

(b)  If camp food service is provided by a caterer, the overall responsibility for food service sanitation remains with the camp management.

(c)  Upon transfer of ownership of an existing summer camp, the Department shall evaluate the facility to determine compliance with the rules.  If the establishment satisfies all the requirements of the rules, a permit shall be issued.  If the establishment does not satisfy all the requirements of the rules, a permit shall not be issued.  However, if the Department determines that the noncompliant items are construction or equipment problems that do not represent an immediate threat to the public health, a transitional permit may be issued.  The transitional permit shall expire 90 days after the date of issuance, unless suspended or revoked before that date, and shall not be renewed. Upon expiration of the transitional permit, the owner or operator shall have corrected the noncompliant items and obtained a permit, or the summer camp shall not continue to operate.

(d)  The Department may impose conditions on the issuance of a permit or transitional permit.  Conditions may be specified for one or more of the following areas:

(1)           The number of persons served.

(2)           The categories of food served.

(3)           Time schedules in completing minor construction items.

(4)           Modification or maintenance of water supplies, water use fixtures and sanitary sewage systems.

(5)           Use of facilities for more than one purpose.

(6)           Continuation of contractual arrangements upon which basis the permit was issued.

(7)           Submission and approval of plans for renovation.

(8)           Any other conditions necessary for the summer camp to remain in compliance with this Section.

(e)  A permit or transitional permit shall be immediately revoked in accordance with G.S. 130A‑23(d) for failure of the facility to maintain a minimum grade of C.  A permit or transitional permit may otherwise be suspended or revoked in accordance with G.S. 130A‑23.  A new permit to operate shall be issued only after the establishment has been reinspected by the Department and found to comply with this Section.  This reinspection shall be conducted within a reasonable length of time, not to exceed 30 days, after the request is made by the operator.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. April 1, 1992; September 1, 1990; March 1, 1988.

 

 

 

15A NCAC 18A .1005       PUBLIC DISPLAY OF GRADE CARD

Inspections of summer camps shall be made in accordance with this Section at least once during each season's operation.  Upon completion of an inspection, the sanitarian shall remove the existing grade card, issue a grade card, and post the new grade card in a conspicuous place where it may be readily observed by the public upon entering the facility.  The owner or operator shall be responsible for keeping the grade card posted at the location designated by the sanitarian at all times.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1986.

 

 

 

15A NCAC 18A .1006       REINSPECTIONS

Upon receipt of a request from the management for a reinspection for the purpose of raising the posted grade, the sanitarian shall make an unannounced inspection after the lapse of a reasonable period of time.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1007       INSPECTION FORMS

The grading of summer camps shall be done on an inspection form furnished by the Department to local health departments.  The form shall include at least the following information:

(1)           name and address of each facility,

(2)           length of season,

(3)           number of residents,

(4)           signature of authorized representative,

(5)           score,

(6)           standards of construction and operation as listed in .1009 to .1029 of this Section.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 30, 1980.

 

 

 

15A NCAC 18A .1008       GRADING

The sanitation grading of all summer camps shall be based on a system of scoring wherein all summer camps receiving a score of at least 90 percent shall be awarded Grade A; all summer camps receiving a score of at least 80 percent and less than 90 percent shall be awarded Grade B; all summer camps receiving a score of at least 70 percent and less than 80 percent shall be awarded Grade C; and no summer camp receiving a score of less than 70 percent, or Grade C, shall operate.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1009       STANDARDS

The grading of summer camps shall be based on the standards of construction and operations set out in .1010 to .1029 of this Section.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1010       SITE

The topography, drainage and other site factors shall be satisfactory for the camp facilities and activities, and the site shall be free of actual or potential health hazards.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1011       WATER SUPPLY

(a)  Water supplies shall meet the requirements in 15A NCAC 18A .1700.

(b)  The water supply used shall be located, constructed, maintained, and operated in accordance with the Commission for Public Health's rules governing water supplies.  At least once a year, a sample of water shall be collected by the Department and submitted to the Division of Laboratory Services or other laboratory certified by the Department to perform bacteriological examinations.  A sample of water from a private or public non‑community water supply serving a summer camp shall be collected by the sanitarian and submitted at least once a year to the laboratory section of the Department or other approved laboratory for bacteriological examination.

(c)  Cross‑connections with unapproved water supplies are prohibited. All plumbing fixtures for potable water shall be provided and installed as required by the North Carolina State Building Code.  Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, North Carolina  27611.

(d)  Hot water heating facilities shall be provided.  Hot and cold running water under pressure shall be provided to food preparation areas, and any other areas in which water is required for cleaning.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; July 1, 1986.

 

 

 

15A NCAC 18A .1012       RECREATIONAL WATERS

(a)  A natural or artificial body of water may be approved by the Department for the recreational purposes based upon the results of inspections, bacteriological examinations of the water, and sanitary surveys.

(b)  Swimming Pools shall meet the requirements in 15A NCAC 18A .2500.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1013       LIQUID WASTES

All sewage and other liquid wastes shall be disposed of in a public sewer system or, in the absence of a public sewer system, by a properly operating sanitary sewage system approved by the Department.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; July 1, 1986.

 

 

 

15A NCAC 18A .1014       TOILET: HANDWASHING: LAUNDRY: AND BATHING FACILITIES

(a)  All summer camps shall be provided with toilet, handwashing, and bathing facilities which are adequate, conveniently located and readily accessible.  These facilities, and laundry facilities when provided, shall comply with the North Carolina State Building Code, Volume II.

(b)  A sufficient number of water closets or privies approved by the Department shall be provided.

(c)  Adequate lavatories supplied with running water shall be provided and located convenient to all flush toilet facilities.  At least one lavatory supplied with hot and cold running water through mixing faucets and with soap and towels shall be provided in the kitchen and any other food preparation areas.

(d)  Bathing facilities shall be provided and located convenient to sleeping quarters.

(e)  Laundry facilities, if provided, shall be kept clean and in good repair.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1015       DRINKING WATER FACILITIES

Drinking water facilities shall be provided so that water can be dispensed in a sanitary manner.  Drinking fountains, if provided, shall be of a sanitary angle‑jet design, shall be kept clean and shall be properly regulated.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1016       LODGING FACILITIES

Permanent sleeping quarters shall provide cross ventilation, at least 30 inches between beds, a minimum of six feet between heads of sleepers and at least one bed for every camper.  Only single beds or double level bunk beds shall be allowed.  Lodging facilities, whether provided by the camp or by individual campers, shall be kept clean and in good repair.  Clean linen and soiled linen shall be stored and handled separately and in a sanitary manner.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. October 1, 1992; September 1, 1990.

 

 

 

15A NCAC 18A .1017       FOOD SERVICE FACILITIES

Food service facilities shall include a kitchen of adequate size and of completely enclosed, permanent construction, and a dining hall providing protection from the elements.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1018       FOOD SERVICE UTENSILS AND EQUIPMENT

(a)  All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be kept clean and in good repair; and the food‑contact surfaces of such equipment and utensils, shall, in addition, be easily accessible for cleaning, non‑toxic, corrosion‑resistant, relatively nonabsorbent, and free of open crevices; provided, that hard maple or equivalent may be used for bakers' tables and cutting blocks and boards.

(b)  All multi‑use eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage.  All kitchenware and food‑contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils, shall be thoroughly cleaned after each use.  Cooking surfaces of equipment shall be cleaned at least once each day.  All utensils and food‑contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous foods shall be cleaned and sanitized prior to each use.  Non‑food‑contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.

(c)  Necessary facilities shall be provided and used for the cleaning and sanitizing of utensils and equipment.  All such utensils and equipment shall then be stored so as to drain dry, and be protected from splash, dust or contamination.  In‑place cleaning of fixed equipment shall be acceptable when found effective.  All single service articles shall be stored, handled, and dispensed in a sanitary manner, and shall be used only once.  All cloths used by chefs and other employees in the kitchen shall be clean.

(d)  The National Sanitation Foundation has developed standards for many food service equipment items.  Equipment which meets these or equivalent standards shall be accepted as meeting the requirements of this Section.

(e)  Facilities and methods for the cleaning and sanitizing of utensils and equipment shall comply with "Sanitation of Restaurants and Other Foodhandling Establishments," 15A NCAC 18A .2600.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1019       FOOD SUPPLIES

All food shall be from approved sources and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption.  All meat and meat food products and all poultry and poultry products shall have been inspected for wholesomeness under an official inspection program; and, in all cases, the source shall be identifiable from labeling on carcasses, cuts, unit packages, bulk packages, or from bills of sale.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1020       SHELLFISH

(a)  All shellfish and crustacea meat shall be obtained from sources in compliance with 15A NCAC 18A .0100 ‑ .0900.  If the source of clams, oysters, or mussels is outside the state, the shipper's name shall be on the list of Interstate Certified Shellfish Shippers.  If the source of cooked crustacea meat is outside the state, the establishment in which the crustacea meat was packed shall be certified by the regulatory authority of the state or territory of origin, and attested by the presence of an official permit number on the container.

(b)  All shucked shellfish and all cooked crustacea meat shall be obtained and stored in the clean single‑service shipping containers in which packed at the source.  Each unit container shall be clearly identified with the name and address of the packer, repacker, or distributor; the certificate number of the packer or repacker; and the abbreviated name of the state.  The re‑use of single‑service shipping containers and the storage of shucked shellfish in other containers are not permitted.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1021       MILK AND MILK PRODUCTS

(a)  Only Grade "A" pasteurized milk and milk products shall be used.  The term "milk products" shall mean milk products as defined in 15A NCAC 18A .1200.  Milk and milk products shall be served in the individual, original containers in which they were received from the distributor, so that the name and grade of the contents and the name of the milk distributor may be readily observed by the consumers; provided that approved sanitary bulk milk dispensers may be used if so located and so labeled that the name and grade of the contents and the name of the distributor may be observed readily by the consumers; provided further, that the milk dispenser may be installed in the food serving area of the kitchen if the label information required by this item is displayed or posted so as to be observed readily by the consumer.

(b)  An exception may be made in the case of cream served with coffee, cereals, etc., as the distributor cannot deliver cream in the unit sizes that would be required.  For such service, transferring to individual service units from the original container of not more than one‑half gallon capacity, or from pumps, or other approved dispensers is permissible.  The mixing of cream and milk or the pouring of either into jars, bottles, or other containers for storage therein shall be prohibited.  Where meals are served in a communal or family type dining area, milk may be served by pouring it into individual glasses or cups from original containers of not more than one gallon capacity which have been provided by a milk distributor.  Such pouring shall be done by the counselor at each table or by responsible food service personnel of the summer camp immediately before the milk is to be consumed.  The milk remaining in the container shall be immediately refrigerated and used for cooking purposes only.  The transfer of milk from its original one gallon container into any type of container other than glasses or cups as specified in this Rule is prohibited.

(c)  Bulk milk dispenser containers, as received from the distributor, shall be properly sealed, labeled with the name and grade of the contents and identity of the distributor, and only the outlet seal shall be broken in the establishment.

(d)  Milk and milk products shall be stored in a sanitary manner and shall be kept refrigerated, except when being served. Milk containers shall not be completely submerged in water.

(e)  Dry milk and milk products may be reconstituted in the establishment if used for cooking purposes only.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; July 1, 1984.

 

 

 

15A NCAC 18A .1022       FOOD PROTECTION

(a)  All food while being stored, prepared, displayed, and served shall be protected from contamination.  All perishable foods shall be stored at such temperatures as will protect against spoilage.  All potentially hazardous food shall be maintained at safe temperatures (45° F. or below, or 140° F. or above) except during necessary periods of preparation and serving.  Ground beef and foods containing ground beef shall be cooked to an internal temperature of at least 155° F (68° C).  Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to 165° F (74° C) or higher throughout before being served or before being placed in a hot food storage facility, except that food in intact packages from regulated food manufacturing plants may initially be reheated to 140° F (60° C).

(b)  Raw fruits and vegetables shall be washed thoroughly before use.  Stuffings, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before being served.  Salads made of meat, poultry, potatoes, fish, shellfish, or eggs, and other potentially hazardous prepared foods shall be prepared, preferably from chilled products, with a minimum of manual contact, and on surfaces and with utensils which are clean and which, prior to use, have been sanitized.  Individual portions of food once served to a person shall not be served again.

(c)  Conveniently located refrigeration facilities, hot food storage and display facilities, and effective insulated facilities, shall be provided as needed to assure the maintenance of all food at required temperatures during storage, preparation, display, and serving.  Each cold‑storage facility used for the storage of perishable food in a non‑frozen state shall be provided with an indicating thermometer of such type and so situated that the thermometer can be easily read.

(d)  Containers of food shall be stored above the floor, on clean racks, dollies, slatted shelves, or other clean surfaces in such a manner as to be protected from splash and other contamination.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. October 1, 1993.

 

15A NCAC 18A .1023       ICE HANDLING

Ice shall be handled, transported, stored, and dispensed in such a manner as to be protected from contamination.  If block ice is used, outer surfaces shall be thoroughly rinsed before crushing.  Ice crushers, buckets, containers and scoops shall be kept clean and shall be stored and handled in a sanitary manner.  Facilities for the making and storage of ice shall be kept clean and in good repair and shall be so located as to be protected from the elements, splash, drip, dust, vermin, and other contamination, and from use by unauthorized personnel.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1024       CONSTRUCTION AND MAINTENANCE REQUIREMENTS

All camp buildings shall be of sound construction, shall comply with the North Carolina Building Code, Volume I, II, shall be kept clean and in good repair and shall comply with the following specific requirements:

(1)           All floors shall be of such materials and so constructed as to be easily cleanable, shall be kept free of obstacles to cleaning and shall be kept clean and in good repair.  The floor area shall be sufficient to accommodate all necessary operations.  Floors in the rooms used for the handling, storage, and preparation of food; rooms in which utensils are washed; walk‑in refrigerators; dressing or locker rooms; laundry rooms; and toilet rooms shall be of nonabsorbent materials such as concrete, terrazzo, tile, durable grades of linoleum or plastic, or equal, provided that floors in non‑refrigerated dry storage areas need not be nonabsorbent.  In all rooms in which water is routinely discharged to the floor, or in which floors are subjected to flooding‑type cleaning, floors shall be concrete, terrazzo, tile or equal, shall slope to drain, and be provided with floor drains.

(2)           The walls of all rooms shall be kept clean and in good repair.  All walls and ceilings in rooms used for the handling, storage and preparation of food; rooms in which utensils or equipment are washed; dressing or locker rooms; toilet rooms and bath rooms shall be easily cleanable and light colored; and walls shall have washable surfaces to the highest level reached by splash or spray in rooms or areas where such occur.

(3)           All rooms and areas shall be well lighted and ventilated, by natural or artificial means, which shall be effective under actual use conditions.  Lighting fixtures and ventilating equipment shall be kept clean and in good repair.  Ventilation systems shall comply with the North Carolina Building Code, Volume III, and vents to the outside air shall discharge in such a manner as not to create a nuisance.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1025       SOLID WASTES

(a)  All solid wastes containing food scraps and other decomposable material shall, prior to disposal, be kept in leak‑proof, nonabsorbent containers such as standard garbage cans, which shall be kept covered with tight‑fitting lids when filled or stored, or not in continuous use.  Storage racks elevated above the ground are required for outside storage of garbage cans.  All dry rubbish (including scrap paper, cardboard, etc.) shall be stored in containers, rooms, or designated areas, in an approved manner.

(b)  The rooms, enclosures, designated areas, and containers shall be adequate for the storage of all solid wastes accumulating on the premises.  Container cleaning facilities, including a mixing faucet with hose threads, shall be provided and each container, room, or designated area shall be thoroughly cleaned after emptying or removal of wastes.  All solid wastes shall be disposed of with sufficient frequency and in such a manner approved by the Department.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1026       VERMIN CONTROL: PREMISES: STABLES

(a)  Effective measures shall be taken to keep flies, rodents, and other vermin out of the food service areas and permanent sleeping quarters, and to prevent their breeding or presence on the premises.  Unless flies or other flying insects are absent from the immediate vicinity of the camp, all openings to the outer air of food service areas and sleeping quarters shall be effectively protected against the entrance of such insects by self‑closing doors, closed windows, 16‑inch mesh or finer screening, controlled air currents, or other effective means.

(b)  Only those pesticides shall be used which have been approved for a specific use and properly registered with the Environmental Protection Agency and with the North Carolina Department of Agriculture in accordance with the "Federal Environmental Pesticide Control Act" and the "North Carolina Pesticide Law".  Such pesticides shall be used as directed on the label and shall be so handled and stored as to avoid health hazards.

(c)  The premises under control of the management shall be kept neat, clean and free of litter.

(d)  No live birds or animals shall be permitted in the kitchen or dining areas.

(e)  Horse stables, if provided, shall be in a location removed from the main recreation center of activity to minimize potential odor and nuisance problems.  All manure shall be stored, removed, or disposed of in such a manner as to minimize the breeding of flies.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1027       FOOD SERVICE EMPLOYEES

(a)  All employees shall wear clean outer clothing and shall be clean as to their person and methods of foodhandling.  No employee shall use tobacco in any form while engaged in the washing of eating and cooking utensils or in the preparation, handling, or serving of food.

(b)  Employees shall wash their hands thoroughly in an approved handwashing lavatory before starting work, after each visit to the toilet, and as often as may be necessary to remove soil and contamination.

(c)  Employees engaged in the preparation, handling, or serving of food shall wear hairnets, caps, or other effective hair restraints to prevent the contamination of food or food contact surfaces.  Wigs and hairspray do not constitute compliance with this Rule.

(d)  Cooks and other kitchen employees shall wear clean outer clothing or other special dress (uniforms) when on duty.

(e)  No person who has a communicable or infectious disease that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or who has a boil, infected wound, or an acute respiratory infection with cough and nasal discharge, shall work in food service in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces, with disease‑causing organisms or transmitting the illness to other persons.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1028       MISCELLANEOUS

(a)  Potentially hazardous materials, such as fuel, chemicals, explosives, equipment and apparatuses, shall be handled and stored so as to minimize health hazards.

(b)  Protective railings, fences, or similar enclosures shall be provided where necessary and shall be kept in good repair.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1029       SEVERABILITY

If any rule of this Section, or the application thereof to any person or circumstances, is held invalid, the remainder of these Rules, or the application of such provision to other persons or circumstances, shall not be affected thereby.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1030       REFERENCE RULES

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1986; June 10, 1978;

Repealed Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1031       APPEALS PROCEDURE

Appeals concerning the interpretation and enforcement of the rules in this Section shall be made in accordance with G.S. 150B.

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1987;

Amended Eff. September 1, 1990.

 

 

 

 

 

SECTION .1100 ‑ SANITATION OF FOOD AND BEVERAGE VENDING MACHINES

 

Rules .1101 ‑ .1135 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1101 ‑ .1135); has been transferred and recodified from Rules .1101 ‑ .1135 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .1101 ‑ .1135).  Rules .1136 ‑ .1137 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1136 ‑ .1137); has been transferred and recodified from Rules .1137 ‑ .1138 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .1137 ‑ .1138), effective April 4, 1990.

 

 

15A NCAC 18A .1101       DEFINITIONS

15A NCAC 18A .1102       ISSUANCE OF PERMIT

15A NCAC 18A .1103       APPLICATION FOR COMMISSARY PERMIT

15A NCAC 18A .1104       APPLICATION FOR VENDING MACHINE PERMIT

15A NCAC 18A .1105       DISPLAY

15A NCAC 18A .1106       LIST OF MACHINES

15A NCAC 18A .1107       SUSPENSION OR REVOCATION OF PERMITS

15A NCAC 18A .1108       ADVANCE NOTICE OF CERTAIN INSTALLATIONS

15A NCAC 18A .1109       INSPECTIONS OF VENDING MACHINES AND COMMISSARIES

15A NCAC 18A .1110       ADULTERATED OR MISBRANDED FOOD OR BEVERAGE

15A NCAC 18A .1111       REQUIREMENTS FOR VENDING MACHINES

15A NCAC 18A .1112       SATISFACTORY COMPLIANCE

15A NCAC 18A .1113       MACHINE LOCATION

15A NCAC 18A .1114       EXTERIOR CONSTRUCTION AND MAINTENANCE

15A NCAC 18A .1115       INTERIOR CONSTRUCTION AND MAINTENANCE

15A NCAC 18A .1116       APPROVED MACHINES

15A NCAC 18A .1117       WATER SUPPLY

15A NCAC 18A .1118       WASTE DISPOSAL

15A NCAC 18A .1119       DELIVERY OF FOODS AND SUPPLIES

15A NCAC 18A .1120       REQUIREMENTS FOR PERSONNEL

15A NCAC 18A .1121       DISEASE CONTROL

15A NCAC 18A .1122       COMMISSARIES PREPARING FOOD

15A NCAC 18A .1123       COMMISSARIES NOT PREPARING FOOD

15A NCAC 18A .1124       FLOOR

15A NCAC 18A .1125       WALLS AND CEILINGS

15A NCAC 18A .1126       DOORS AND WINDOWS

15A NCAC 18A .1127       LIGHTING AND VENTILATION

15A NCAC 18A .1128       TOILET FACILITIES

15A NCAC 18A .1129       LAVATORY FACILITIES

15A NCAC 18A .1130       FOOD STORAGE AREAS

15A NCAC 18A .1131       FACILITIES FOR CLEANING

15A NCAC 18A .1132       LIQUID WASTES

15A NCAC 18A .1133       OTHER WASTES

15A NCAC 18A .1134       PREMISES

15A NCAC 18A .1135       SEVERABILITY

15A NCAC 18A .1136       REFERENCES

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. June 30, 1980;

Repealed Eff. July 1, 1990 in accordance with G.S. 150B‑59(c).

 

 

 

15A NCAC 18A .1137       APPEALS PROCEDURE

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1987;

Repealed Eff. July 1, 1990 in accordance with G.S. 150B‑59(c).

 

 

 

SECTION .1200 ‑ GRADE A MILK SANITATION (Transferred to 02 NCAC 09G .2001-.2010)

 

15A NCAC 18A .1201-.1208 were transferred and recodified from 10 NCAC 10A .1205-.1212, 15A NCAC 18A .1209 was transferred and recodified from 10 NCAC 10A .1214, transfers and recodifications effective April 4, 1990.

 

15A NCAC 18A .1201       GENERAL ‑ ADOPTION BY REFERENCE (transferred to 02 NCAC 09G .2001)

 

15A NCAC 18A .1202       MODIFICATIONS OF THE ADOPTION BY REFERENCE (transferred to 02 ncac 09g .2002)

 

15A NCAC 18A .1203       DEFINITIONS (transferred to 02 ncac 09g .2003)

 

15A NCAC 18A .1204       PERMITS REQUIRED (transferred to 02 ncac 09g .2004)

 

15A NCAC 18A .1205       PROCEDURE FOR ISSUANCE OF PERMIT: SAMPLING: EMBARGO (tranferred to 02 ncac 09g .2005)

 

15A NCAC 18A .1206       PERMIT SUSPENSION AND REVOCATION (transferred to 02 NCAC 09G .2006)

 

15A NCAC 18A .1207       ENFORCEMENT AND PENALTIES (Transferred to 02 ncac 09g .2007)

 

15A NCAC 18A .1208       SEVERABILITY (transferred to 02 ncac 09g .2008)

 

15A NCAC 18A .1209       APPEALS PROCEDURE (transferred to 02 ncac 09g .2009)

 

15a ncac 18a .1210       RESTRICTIONS ON DISPENSING RAW MILK (transferred to 02 ncac 09g .2010)

 

section .1300 - SANITATION OF HOSPITALS, NURSING HOMES, Adult care homes, and OTHER INSTITUTIONS

 

15a ncac 18a .1301       DEFINITIONS

The following definitions shall apply throughout this Section in the interpretation and enforcement of this Section:

(1)           "Disinfect" means a process used on inanimate surfaces to destroy or irreversibly inactivate infectious fungi and bacteria but not necessarily their spores.

(2)           "Environmental Health Specialist" means a person authorized by the Department of Environment and Natural Resources under G.S. 130A-6 to enforce environmental health rules adopted by the Commission for Public Health.

(3)           "Institution" includes the following establishments providing room or board and for which a license or certificate of payment must be obtained from the Department of Health and Human Services, other than those operated exclusively by the State of North Carolina:

(a)           hospital, as defined in G.S. 131E‑76 including doctors' clinics with food preparation facilities;

(b)           nursing home, as defined in G.S. 131E‑101;

(c)           sanitarium, sanatorium, and any similar establishment, other than hospital and nursing home, for the recuperation and treatment of 13 or more persons suffering from physical or mental disorders;

(d)           adult care home, providing custodial care on a 24‑hour basis for 13 or more persons, including homes for the aged;

(e)           orphanage, or children's home providing care on a 24‑hour basis for 13 or more children. 

However, the term shall not include a child day care facility, an adult day service facility as defined in 15A NCAC 18A .3300 or a residential care facility as defined in 15A NCAC 18A .1600.

(4)           "Department of Environment and Natural Resources" shall mean the Secretary, or his authorized representative.

(5)           "Local health director" shall mean local health director as defined in G.S. 130A‑2(6) or his authorized representative.

(6)           "Patient" means a patient or resident living in an institution as defined in this Section.

(7)           "Person" shall mean an individual, firm, association, organization, partnership, business trust, corporation, or company.

(8)           "Personal Hygiene" means maintenance of personal health, including grooming, brushing teeth, showering, applying makeup, or washing/drying face, hands, and body.

(9)           "Potentially hazardous food" means any food or ingredient, natural or synthetic, in a form capable of supporting the growth of infectious or toxigenic microorganisms, including Clostridium botulinum.  This term includes raw or heat treated foods of animal origin, raw seed sprouts, and treated foods of plant origin.  The term does not include foods that have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less.

(10)         "Sanitize" means a bactericidal treatment that meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.

(11)         "Soiled utility room" means a room or area with fixtures used for cleaning and disinfecting soiled patient-care items.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); August 1, 1998; February 1, 1997; September 1, 1990; March 1, 1988;

Temporary Amendment Eff. June 1, 2003;

Amended Eff. February 1, 2004.

 

15a ncac 18a .1302       APPROVAL OF PLANS

In addition to any other licensure requirements, plans shall be submitted to the local health department for review and approval before beginning construction.  Construction shall comply with the Rules of this Section.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); April 1, 1997; September 1, 1990; June 30, 1980.

 

15A NCAC 18A .1303       WATER SUPPLY AND SEWERAGE FACILITIES

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Repealed Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1304       INSPECTIONS

(a)  Institutions shall be graded once each six months and food services at institutions that prepare and serve meals to 13 or more patients or residents shall be inspected at least once each quarter.

(b)  The grading of institutions shall be done on inspection forms furnished by the Department to local health departments. The form shall include the following information:

(1)           the name and address of the facility;

(2)           the name of the person in charge of the facility;

(3)           the standards of construction and operation as listed in .1309 ‑ .1324 of this Section;

(4)           the score; and

(5)           the signature of the authorized agent of the Department.

(c)  Whether or not a permit is required under G.S. 130A-248, inspections of food preparation and central dining areas in institutions serving meals to 13 or more patients or residents shall be documented separately using the inspection forms and grading system used for grading restaurants as specified in current "Rules Governing the Sanitation of Restaurants and Other Foodhandling Establishments" 15A NCAC 18A .2600. When grading the food preparation and central dining areas of institutional food services that are not required to obtain a permit under G.S. 130A-248, the provisions of Rule .1323(d) of this Section shall supercede the provisions of Rule 15A NCAC 18A .2610(e) regarding animals in dining areas.  Except as required by G.S. 130A-247 through 250, food services at institutions shall not be required to obtain foodhandling establishment permits.  Facilities that the "Rules Governing the Sanitation of Restaurants and Other Foodhandling Establishments" are made effective by the rules of this Section that were in operation before March 1, 2003 may continue to use equipment and construction in use on that date if no imminent hazard exists.  Points shall not be deducted from the food service sanitation score for existing equipment that is kept clean and performs the task for which it is used.  Replacement equipment for these facilities shall comply with 15A NCAC 18A .2600.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 1, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990; June 30, 1980;

Temporary Amendment Eff. June 1, 2003;

Amended Eff. February 1, 2004.

 

15A ncac 18a .1305       GRADING RESIDENTIAL CARE FACILITIES IN INSTITUTIONS

If an institution includes one or more residential care facilities each providing room or board for 12 persons or fewer, the rules in 15A NCAC 18A .1600 shall apply and grading of the residential care facilities shall be in accordance with the residential care and these Rules do not apply.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990.

 

15a ncac 18a .1306       PUBLIC DISPLAY OF GRADE CARD

(a)  Whenever an inspection of an institution is made, the Environmental Health Specialist shall remove the existing grade card, issue a new grade card, and post the new grade card where it may be readily observed by the public upon entering the facility.  The administrator shall be responsible for keeping the grade card posted at the location designated by the Environmental Health Specialist at all times.  If the administrator objects to the location designated by the Environmental Health Specialist, then the administrator may suggest an alternative location which meets the criteria of this Rule.

(b)  Private institutions are inspected and graded by Environmental Health Specialists employed by the local health departments, under the direction of the local health directors.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); July 1, 1986.

 

15a ncac 18a .1307       REINSPECTIONS

Upon receipt of a request from the management for a reinspection for the purpose of raising the alphabetical grade of the institution, the Environmental Health Specialist shall make an unannounced inspection after the lapse of a reasonable period of time, not to exceed 30 days.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160).

 

15a ncac 18a .1308       APPROVED INSTITUTIONS and scoring system

(a)  The sanitation grading of all institutions shall be based on a system of scoring wherein all institutions receiving a score of at least 90 percent shall be awarded Grade A; all institutions receiving a score of at least 80 percent and less than 90 percent shall be awarded Grade B; all institutions receiving a score of at least 70 percent and less than 80 percent shall be awarded Grade C; and all institutions receiving a score of less than 70 percent do not meet the minimum sanitation standards.  If an institution or an institutional food service fails to maintain a sanitation score of at least 70 percent or if the Environmental Health Specialist determines that conditions found at the institution at the time of any inspection are dangerous to the health of residents or the public, the Environmental Health Specialist shall notify the licensing agency within 24 hours.  A copy of the inspection report documenting the dangerous conditions shall be sent to the licensing agency within two working days following the inspection.

(b)  Sanitation scores for institutions shall be determined by an Environmental Health Specialist authorized by the Department by completing an inspection report Form DENR 1213.  The score is a percentage compliance determined by deducting points from 100 percent for each item found not to be in compliance with the Rules of this Section.  The authorized Environmental Health Specialist shall deduct full or half credit for non-compliant items based on the severity, pervasiveness and persistence of the rule violation.  The percentage point value of each item is determined as follows:

(1)           Violation of Rule .1309 of this Section regarding cleanability of floors and provision of floor drains shall be assessed a value of two points

(2)           Violation of Rule .1309 of this Section regarding cleaning and maintenance of floors and carpet shall be assessed a value of two points.

(3)           Violation of Rule .1310 of this Section regarding cleanability and repair of walls and ceilings shall be assessed a value of two points.

(4)           Violation of Rule .1311(a) of this Section regarding lighting levels shall be assessed a value of two points.

(5)           Violation of Rule .1311(b) or (c) of this Section regarding ambient air temperatures and cleaning of ventilation equipment shall be assessed a value of two points.

(6)           Violation of Rule .1311(d) of this Section regarding moisture control shall be assessed a value of three points.

(7)           Violation of Rule .1311(e) of this Section regarding control of indoor smoke exposure shall be assessed a value of two points.

(8)           Violation of Rules .1312(a), (b), or (f) of this Section regarding location, cleaning and repair of toilet, handwashing and bathing facilities shall be assessed a value of two points.

(9)           Violation of Rule .1312(b) of this Section regarding toilet rooms shall be assessed a value of one point.

(10)         Violation of Rule .1312(c) of this Section regarding bedpans, urinals, bedside commodes and emesis basins shall be assessed a value of one point.

(11)         Violation of Rule .1312(c) or (d) of this Section regarding provision, accessibility and use of hand sinks shall be assessed a value of two points.

(12)         Violation of Rule .1312(d) of this Section regarding equipment for handwashing facilities shall be assessed a value of three points.

(13)         Violation of Rule .1312(e) of this Section regarding hot water temperature at lavatory and bathing facilities shall be assessed a value of two points.

(14)         Violation of Rule .1312(f) of this Section regarding accessability and mixing of cleaning and disinfectant agents shall be assessed a value of two points.

(15)         Violation of Rule .1313(a) or (d) of this Section regarding water supply and cross-connections shall be assessed a value of four points.

(16)         Violation of Rule .1313 (e) or (f) of this Section regarding quantity of hot water and backup water supply plans shall be assessed a value of two points.

(17)         Violation of Rule .1314(a) of this Section regarding cleaning, repair and flow regulation of drinking fountains shall be assessed a value of two points.

(18)         Violation of Rule .1314(a) of this Section regarding drinking utensils shall be assessed a value of two points.

(19)         Violation of Rule .1314(b) of this Section regarding protection of ice and cleaning and repair of ice making and handling equipment and utensils shall be assessed a value of two points.

(20)         Violation of Rule .1315 of this Section regarding wastewater disposal shall be assessed a value of four points.

(21)         Violation of Rule .1316(a), (b) or (c) of this Section regarding solid waste storage and container cleaning facilities shall be assessed a value of four points.

(22)         Violation of Rule .1316(d) of this Section regarding solid waste disposal and control of insect breeding or nuisance shall be assessed a value of two points.

(23)         Violation of Rule .1316(e) of this Section regarding handling and disposal of medical wastes shall be assessed a value of two points.

(24)         Violation of Rule .1317(a) of this Section regarding exclusion of vermin shall be assessed a value of three points.

(25)         Violation of Rule .1317(b) of this Section regarding storage and handling of pesticides shall be assessed a value of two points.

(26)         Violation of Rule .1317(c) of this Section regarding cleaning and maintenance of premises shall be assessed a value of two points.

(27)         Violation of Rule .1317(e) or (f) of this Section regarding pet maintenance shall be assessed a value of two points.

(28)         Violation of Rule .1318(a) of this Section regarding storage areas shall be assessed a value of one point.

(29)         Violation of Rule .1318(b) of this Section regarding mop sinks shall be assessed a value of one point.

(30)         Violation of Rule .1318(c) of this Section regarding medication carts shall be assessed a value of two points.

(31)         Violation of Rule .1318(d) of this Section regarding feeding syringes, oral suction catheters and tube-feeding bags shall be assessed a value of two points.

(32)         Violation of Rule .1319(a) of this Section regarding cleaning and repair of furniture and use of mattress covers shall be assessed a value of two points.

(33)         Violation of Rule .1319(b) of this Section regarding linen changes and handling of soiled laundry shall be assessed a value of two points.

(34)         Violation of Rule .1319 of this Section regarding laundry areas and equipment, cleaning and sanitizing of laundry, and storage and handling of clean laundry shall be assessed a value of two points.

(35)         Violation of Rule .1319(c) of this Section regarding repair, storage, cleaning and disinfection of patient contact items shall be assessed a value of one point.

(36)         Violation of Rule .1320 of this Section regarding approval, cleaning and sanitizing food contact items shall be assessed a value of two points.

(37)         Violation of Rule .1320 of this Section regarding approved uses of activity kitchens shall be assessed a value of one point.

(38)         Violation of Rule .1320(b) of this Section regarding handwashing lavatories in foodhandling areas shall be assessed a value of two points.

(39)         Violation or Rule .1321(a) of this Section regarding food sources and supplies shall be assessed a value of four points.

(40)         Violation of Rule .1321(b) of this Section regarding disposition of food brought by employees or visitors shall be assessed a value of one point.

(41)         Violation of Rule .1322 of this Section regarding milk and milk products shall be assessed a value of two points.

(42)         Violation of Rule .1323(a) of this Section regarding food protection, temperature control and time in lieu of temperature shall be assessed a value of four points.

(43)         Violation of Rule .1323(b) of this Section regarding hot and cold food storage and display units and thermometers shall be assessed a value of one point.

(44)         Violation of Rule .1323(c) of this Section regarding food storage shall be assessed a value of one point.

(45)         Violation of Rule .1323(d) of this Section regarding control of live animals in food service areas shall be assessed a value of two points.

(46)         Violation of Rule .1324(a) of this Section regarding employee clothing and tobacco use while handling food shall be assessed a value of one point.

(47)         Violation of Rule .1324(a) or (b) of this Section regarding employee hand washing and hand antisepsis shall be assessed a value of three points.

(48)         Violation of Rule .1324(c) of this Section regarding exclusion of persons with infections from food service work shall be assessed a value of two points.

 

History Note:        Authority G.S. 130A-235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. February 1, 2004; August 1, 2002.

 

15a ncac 18a .1309       FLOORS

(a)  All floors in intensive care units, bathrooms, showers, hydrotherapy areas, operating rooms, soiled utility rooms and laundry areas shall be of smooth, non-absorbent materials and so constructed as to be easy to clean.  Floors shall be free of obstacles to cleaning, and shall be kept clean and in good repair.  Carpeting shall be maintained clean, odor free, dry and in good repair. 

(b)  In all rooms in which floors are subjected to flooding‑type cleaning, floors shall be of nonabsorbent materials, shall be sloped to drain and be provided with floor drains.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990.

 

15a ncac 18a .1310       WALLS AND CEILINGS

The walls and ceilings of all rooms and areas shall be kept clean and in good repair.  All walls shall be easily cleanable and shall have washable surfaces to the highest level reached by splash or spray in rooms or areas where such occur.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160).

 

15A NCAC 18A .1311       LIGHTING, VENTILATION AND MOISTURE CONTROL

(a)  All areas shall be provided with sufficient illumination to effectively perform all operations, including cleaning, and shall have at least 10 foot candles of light at 30 inches above the floor in all areas other than food service areas.  Food service areas shall be lighted as required for restaurants in "Rules Governing The Sanitation of Restaurants and other Foodhandling Establishments" 15A NCAC 18A .2600.

(b)  Ventilation equipment shall be kept clean and in good repair.

(c)  Ambient air temperatures shall be maintained in the range of 65° F to 85° F.

(d)  Moisture shall be controlled such that there is no evidence of microbial growth on interior surfaces and objects.

(e)  Indoor smoking, including the carrying of any lit cigarette, pipe, cigar, or other similar product containing tobacco or other substances shall be restricted to dedicated smoking rooms.  Smoking rooms shall be ventilated to prevent environmental tobacco smoke from moving into other occupied portions of the building.  There shall be no obligation to establish such smoking rooms.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990; July 1, 1986; October 1, 1985.

 

15A NCAC 18A .1312       TOILET: HANDWASHING: LAUNDRY: AND BATHING FACILITIES

(a)  All institutions shall be provided with toilet, handwashing, and bathing facilities that are conveniently located and readily accessible to residents and staff.   These facilities, and laundry facilities when provided, shall be kept clean and in good repair.

(b)  Toilet facilities shall comply with the requirements of the state agency licensing the facility.  Toilet rooms shall not be used for storage.  Fixtures and furnishings shall be kept clean and in good repair.  Durable, legible signs shall be posted or stenciled conspicuously in each toilet room for food service employees directing them to wash their hands before returning to work.

(c)  Institutions where bedpans, urinals or emesis basins are used shall provide facilities for emptying, cleaning, and disinfecting bedpans, urinals and emesis basins.  Bedpans, urinals and emesis basins shall be cleaned after each use and shall be disinfected before use by other patients. Where bedpans are cleaned in patient rooms, bedpan cleaning facilities shall consist of a water closet with bedpan lugs or spray arms.  Where facilities for cleaning bedpans are not provided in patient rooms, bedpans shall be taken to a soiled utility room and be cleaned and disinfected using an EPA registered hospital disinfectant after each use.  Where disposable bedpans are reused, they shall be labeled with the patient's name and date and shall not be used by more than one patient.  Bedside commodes shall be cleaned after each use and shall be cleaned and disinfected before use by successive patients.  Hand sinks shall not be used for cleaning bedpans or bedside commodes.

(d)  Handwashing facilities shall be accessible to all areas where personnel may be exposed to bodily excretions or secretions and in sterile supply processing areas, medication rooms, laundry areas, and soiled utility rooms.  Any area where personnel may be exposed to bodily excretions or secretions shall have handwashing facilities located in the same room or have a doorway connecting to an adjacent room or corridor containing handwashing facilities.  All lavatories shall be supplied with hot and cold running water through a mixing faucet, or with tempered warm water, soap, and sanitary towels or hand‑drying devices.  Facilities in operation prior to March 1, 2003 that do not have handwashing lavatories in all areas required shall not be required to install additional lavatories if an approved hand hygiene program is used.  Hand hygiene programs shall be approved by the Environmental Health Specialist case-by-case based on type and frequency of activities involving contamination with bodily excretions or secretions, use of gloves to reduce contamination, availability of pre-moistened detergent wipes for hand cleaning, use of alcohol rubs or other skin antiseptics, and availability of handwashing facilities on the same wing or floor of the building.  Handwashing facilities shall be provided in kitchens and any other food preparation areas in addition to any lavatories provided at employees' toilet rooms.  Sinks used for washing utensils and equipment shall not be accepted as a substitute for required handwashing facilities.  Handwash lavatories shall be used only for handwashing.  Lavatories provided for use of patients or residents shall be used only for handwashing, personal hygiene, rinsing feeding tubes and obtaining water.  Lavatories used for handwashing or personal hygiene shall not be used for disposal of body fluids or cleaning soiled linens.  Lavatories in medication rooms used primarily for handwashing can be used for other purposes, such as disposal of medications, which do not interfere with effective handwashing.

(e)  Water heating facilities shall provide hot water within the temperature range of 100 degrees F to 116 degrees F at all lavatories and bathing facilities.

(f)  Bathing facilities as required by the licensing agency shall be provided, maintained and kept clean. Bathing facilities shall be supplied with hot and cold running water and a mixing device, or tempering device.  Shared bathing equipment that has contact with patient's skin shall be cleaned with detergent and an EPA registered hospital disinfectant between patient uses.  Manufacturer's instructions shall be followed for cleaning equipment with pumps.  A supply of cleaning and disinfectant agents shall be accessible to bathing areas.  Where disinfectants are mixed on site, the concentration of the mix shall be assured by use of a metering pump, measuring device or chemical test kit.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;

Temporary Amendment Eff. June 1, 2003;

Amended Eff. February 1, 2004.

 

15A NCAC 18A .1313       WATER SUPPLY

(a)  Water supplies at institutions shall meet the requirements in 15A NCAC 18C or 15A NCAC 18A .1700.

(b)  Non-community public water supplies shall be listed with the Public Water Supply Section, Division of Environmental Health.

(c)  In institutions that use a non-community water supply, a sample of water shall be collected by the Department at least once a year and submitted to the Division of Laboratory Services or other laboratory certified by the Department to perform bacteriological examinations.

(d)  Cross‑connections with sewage lines, non-potable water supplies, or other potential sources of contamination are prohibited.

(e)  Hot water heating facilities shall be provided.  Hot and cold running water under pressure shall be provided to food preparation areas, and to any other areas where water is required in sufficient quantities to carry out all operations.

(f)  The local health department shall be immediately notified if the primary water supply is interrupted for more than four hours.  Each institution shall have a plan to obtain a backup water supply in the event that the water supply is lost for more than four hours.  The backup water supply plan shall provide for two liters of water per day per person for drinking.  The backup water supply plan shall include a plan for either relocating residents or providing an alternative source of water for essential functions such as food preparation, hand washing, bathing, cleaning, dishwashing, laundry and disposal of bodily waste.  The amount of water provided for uses other than drinking may be reduced if the plan includes alternatives for water use for services such as laundry and dishwashing.  If an assessment determines that tap water is not to be used for drinking, sources shall be prominently labeled or hooded to restrict use and potable water shall be provided.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990; July 1, 1986;

Temporary Amendment Eff. June 1, 2003;

Amended Eff. February 1, 2004.

 

15a ncac 18a .1314       DRINKING WATER FACILITIES: ICE HANDLING

(a)  Drinking fountains shall be of sanitary angle‑jet design, kept clean, and properly regulated.  All multi‑use utensils used for service of water in patients' rooms, including glasses, pitchers, and drinking tubes, shall be cleaned and sanitized before being used by any other individuals.  Disposable water pitchers shall be marked with the patient's name, used only by that patient and shall be disposed of and replaced when visibly soiled.

(b)  Ice shall be handled, transported, stored, and dispensed in such a manner as to be protected against contamination.  Ice machines, buckets, other containers, and scoops shall be cleaned on a regular schedule such that they are kept free of scum, rust, mold or other contamination.   Ice machines, buckets, other containers and scoops shall be maintained in good repair and shall be protected from the elements, splash, drip, dust, vermin, other contamination, and from use by unauthorized personnel.  Ice machines and storage chests which are accessible to patients or the public shall provide ice through automatic ice dispensing equipment which prevents the contamination of stored ice.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990.

 

15A NCAC 18A .1315       LIQUID WASTES

All wastewater shall be disposed of in accordance with 15A NCAC 18A .1900 or 15A NCAC 02H .0200.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990.

 

15a ncac 18a .1316       SOLID WASTES

(a)  All solid wastes containing food scraps or other decomposable materials shall, prior to disposal, be kept in leak‑proof, non‑absorbent containers, such as standard garbage cans, which shall be kept covered with tight‑fitting lids when filled or stored, or not in continual use; provided that such containers need not be covered when stored in a special vermin‑proofed room, such as a refrigerated garbage room, or enclosure.

(b)  All dry rubbish (including scrap paper, cardboard boxes, packing crates, etc.) shall be stored in containers, rooms, or designated  areas.

(c)  The rooms, enclosures, designated areas, and containers shall be adequate for the storage of all solid wastes accumulating on the premises.  Cleaning facilities for waste containers shall be provided. Containers, rooms, or designated areas shall be kept clean.

(d)  All solid wastes shall be disposed of with sufficient frequency and in such a manner as to prevent insect breeding or public health nuisances.

(e)  Medical wastes shall be handled and disposed of as required in North Carolina "Solid Waste Management Rules" 15A NCAC 13B .1200 Medical Waste Management.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990.

 

15a ncac 18a .1317       VERMIN CONTROL: premises: animal maintenance

(a)  Effective measures shall be taken to keep flies, rodents, cockroaches, and other vermin out of the establishment and to prevent their breeding or presence on the premises.  All openings to the outer air shall be protected against the entrance of flies and other flying insects by self‑closing doors, closed windows, 16‑mesh or finer screening, controlled air currents, or other effective means.

(b)  Only those pesticides shall be used which have been approved for a specific use and registered with the Environmental Protection Agency and with the North Carolina Department of Agriculture in accordance with the "Federal Insecticide, Fungicide and Rodenticide Act" and the "North Carolina Pesticide Law".  Such pesticides shall be used as directed on the label and shall be so handled and stored as to avoid health hazards.

(c)  The premises under control of the management shall be kept neat, clean, and free of litter.  There shall be no fly or mosquito breeding places, rodent harborages, or undrained areas on the premises.

(d)  Cleaning shall minimize accumulation of feces and other allergens generated by insects and other vermin.

(e)  Animal pens, litter boxes, bird cages and other areas on the premises shall be cleaned to minimize accumulation of animal wastes, pet dander and allergens.

(f)  Copies of veterinary records for all resident pets shall be kept on the premises.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990.

 

15a ncac 18a .1318       MISCELLANEOUS

(a)  Suitable rooms or spaces shall be provided for the storage of all necessary equipment, furniture and supplies, and kept clean.  All patient care or consumable items shall be stored at least eight inches above the floor to prevent water contamination from cleaning floors and shall not be stored below exposed sewer lines. 

(b)  Mop receptors or sinks shall be provided and used for the cleaning of mops and the disposal of mop water.  Other plumbing fixtures shall not be used for these purposes.

(c)  Medication carts shall be cleaned when visibly soiled.  Food and utensils used on medication carts shall be handled in a sanitary manner. Unused medication cups shall be kept covered or inverted.  Sharps containers on medication carts shall be affixed or secured to prevent spillage.

(d)  Feeding syringes which are reused shall be labeled with the patient's name and date opened, shall be disassembled and rinsed after each use, and shall be disposed of within 24 hours of first use.  Tube feeding bags shall be changed within the time period specified by the manufacturer.  Oral suction catheters which are reused shall be flushed after each use and shall be disposed of within 24 hours of first use.  Feeding syringes and oral suction catheters shall be stored in a clean container.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160).

 

15A NCAC 18A .1319       FURNISHINGS and patient contact items

(a)  All furniture, bed springs, mattresses, sleeping mats, draperies, curtains, shades, venetian blinds, or other furnishings in institutions shall be kept clean and in good repair.  Mattresses shall be kept clean, dry and odor free.

(b)  Clean bed linen in good repair shall be provided for each individual and shall be changed when soiled.  Soiled linen shall be placed in a covered container or bag at the point of use and stored and handled so as to contain and minimize aerosolization of and exposure to any waste products.  Soiled laundry shall be handled and stored separately from clean laundry using separate cleanable carts or bags.  Carts used for soiled laundry shall be labeled for soiled laundry use only. If hot water is used, linen including sheets, pillow cases, absorbent pads, towels and wash cloths provided by the facility shall be washed with a detergent in water at least 71°C (160°F) for 25 minutes.  If low temperature (less than 71° C) laundry cycles are used, linens shall be washed in at least 50 parts per million chlorine or an EPA Listed laundry sanitizer shall be used in accordance with the manufacturer's instructions.  This shall not preclude the approval of other chemicals or processes shown to produce a 99.9 percent reduction of the pathogens Staphylococcus aureus, Klebsiella pneumoniae and Pseudomonas aeruginosa on laundry.  The wash temperatures and chemicals required for linens shall not apply to personal laundry provided and used by a resident.  Clean linen shall be stored and handled in a separate room or area, or in another manner that will prevent contamination of clean linen. Laundry areas and equipment shall be kept clean.

(c)  Patient contact items shall be kept clean and in good repair.  Soiled patient contact items shall be taken to a designated area for cleaning and shall be stored separately from clean items.  A room or area shall be provided for cleaning patient contact equipment such as wheelchairs.  Patient contact items such as diaper changing surfaces that become contaminated during use shall be cleaned and disinfected after each use.  Shared toys subject to mouthing shall be washed and rinsed with soap and water and disinfected with 70 percent alcohol or 100 parts per million chlorine after each day's use.  Shared plush toys shall be laundered after each day's use.  Shared toys that are not washable shall be gas sterilized or disposed of when soiled.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); August 1, 1998; February 1, 1997; September 1, 1990;

Temporary Amendment Eff. June 1, 2003;

Amended Eff. February 1, 2004.

 

15A NCAC 18A .1320       FOOD SERVICE UTENSILS AND EQUIPMENT

(a)  All food service equipment and utensils used in institutions for preparing meals for 13 or more people shall comply with the requirements of "Rules Governing the Sanitation of Restaurants and Other Foodhandling Establishments" 15A NCAC 18A .2600.  Residential style rehabilitation activity kitchens with domestic utensils and equipment may be used by groups of 12 or less people to prepare meals only for members of the group.  Potentially hazardous foods prepared in rehabilitation activity kitchens shall not be served to groups of more than 12 people.  This shall not preclude the use of an activity kitchen as a serving area for meals catered from a main kitchen and served to groups of 13 or more people in connection with a planned event from which the public is excluded. For planned events, the equipment in the activity kitchen may be used for heating prepared foods received from a main kitchen or a commercial source.  Bread machines, soup kettles and other food contact items used at nutrition stations shall be so constructed as to be easily cleanable.

(b)  At activity kitchens or nutrition stations, provisions shall be made for cleaning all food service utensils and equipment and sanitizing utensils and equipment not continuously subjected to high temperatures.  Where utensils and equipment are not returned to a central kitchen for cleaning, designated nutrition stations shall be equipped with at least a two compartment sink with 24 inch drainboards or counter top space at each end for handling dirty items and air drying clean items.  Sinks shall be of sufficient size to submerge, wash, rinse and sanitize utensils and equipment.  At nutrition stations, dish machines listed with NSF International shall meet this provision.  Any area where food is portioned, served or handled shall be equipped with a separate handwash lavatory with hot and cold mixing faucet, soap and individual towels or hand drying device.  Separate handwashing lavatories shall not be required for activity kitchens used only by groups of 12 or less people.

(c)  All kitchenware and food‑contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils, shall be cleaned after each use.  Cooking surfaces of equipment shall be cleaned at least once each day.  All utensils and food‑contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous foods shall be cleaned and sanitized prior to each use.  Non‑food‑contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;

Temporary Amendment Eff. June 1, 2003;

Amended Eff. February 1, 2004.

 

15a ncac 18a .1321       FOOD SUPPLIES

(a)  All food and food supplies provided by an institution shall be from sources that comply with North Carolina "Rules Governing the Sanitation of Restaurants and Other Foodhandling Establishments" 15A NCAC 18A .2600 and shall be clean, free from spoilage, free from adulteration and misbranding, and safe for human consumption.

(b) Food brought from home by employees or visitors of patients or residents shall be stored separately from the institution's food supply and shall be labeled with the name of the person to receive the food and the date the food was brought in and shall be kept only as long as it is clean, and free from spoilage.  Labeling shall not be required for food items stored in employee-designated or individual resident’s refrigerators or rooms.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;

Temporary Amendment Eff. June 1, 2003;

Amended Eff. February 1, 2004.

 

15A NCAC 18a .1322       MILK AND MILK PRODUCTS

Milk and milk products shall comply with 15A NCAC 18A .1200 "Rules Governing Grade A Milk Sanitation".

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990; July 1, 1979.

 

15a ncac 18a .1323       FOOD PROTECTION

(a)  All food while being stored, prepared, transported, displayed, and served, shall be protected from contamination.  All perishable foods shall be stored at temperatures which will protect against spoilage.  All potentially hazardous food shall be maintained at safe temperatures (45 degrees F. or below, or 140 degrees F. or above) except during necessary periods of preparation and serving. Potentially hazardous foods served shall be either consumed or discarded within two hours of being removed from temperature control.  Medications shall be stored in a manner which will not contaminate food or food products such as in separate covered containers or in separate refrigerators.

(b)  Conveniently located refrigeration units, hot food storage and display units and effective insulated units shall be provided as needed to assure the maintenance of all food at required temperatures during storage, preparation, display, service, and transportation.  Each refrigeration unit shall be provided with an indicating thermometer of such type and so situated that the thermometer can be easily read except that indicating thermometers shall not be required for food iced in coolers for transport.

(c)  Containers of food shall be stored above the floor, on clean racks, dollies, slatted shelves, or other clean surfaces in such a manner as to be protected from splash or other contamination.

(d)  No live animals shall be allowed in any room where food is prepared or stored.  Live animals shall be allowed in dining areas if their presence will not result in contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles in the following situations:

(1)           Fish or crustacea in aquariums or display tanks, or other animals in enclosed terrariums or glass enclosed aviaries;

(2)           Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

(3)           In areas that are not used for food preparation such as dining and sales areas, support animals such as guide dogs that are trained to assist an employee or other person who is handicapped, are controlled by the handicapped employee or person, and are not allowed to be on seats or tables; and

(4)           Pets in the common dining areas of group residences at times other than during meals if:

(A)          Effective partitioning or self-closing doors prevent pets from entering food storage and food preparation areas;

(B)          Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and

(C)          Dining areas including tables, countertops, and similar surfaces are cleaned after all pets have left the area and before the next meal service.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); October 1, 1993; September 1, 1990.

 

15A ncac 18a .1324       EMPLOYEES

(a)  While on duty, all employees shall wear visibly clean outer clothing and shall be clean as to their persons.  No employee shall use tobacco in any form while engaged in the preparation and handling of food.  Employees shall wash or decontaminate their hands:

(1)           before beginning work;

(2)           after each visit to the toilet;

(3)           before and after patient contact, including oral feeding;

(4)           after contact with a source of microorganisms (body fluids and substances, mucous membranes, nonintact skin, inanimate objects that are likely to be contaminated); and

(5)           after removing gloves.

(b)  When hands are visibly soiled, routine handwashing shall include a vigorous rubbing together of all surfaces of lathered hands for at least 10 seconds followed by thorough rinsing under a stream of water and drying with individual disposable towels or hand drying devices.  When hands are not visibly soiled, hand antiseptics with alcohol-based hand rubs shall be acceptable for decontamination of hands.  In the event of interruption of water supply or in settings where handwashing facilities are inadequate or inaccessible, hand decontamination can be achieved by using detergent containing toweletts and alcohol-based hand rubs.

(c)  No person who has a communicable or infectious disease that can be transmitted by foods, or who knowingly is a carrier of organisms that cause such a disease, or who has a boil, infected wound, or an acute respiratory infection with cough or nasal discharge, shall work in food service in any capacity in which there is a likelihood of such person contaminating food or food‑contact surfaces, with disease‑causing organisms or transmitting the illness to other persons.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990.

 

15A NCAC 18A .1325       SEVERABILITY

If any provision of this Section or the application thereof to any person or circumstance, is held invalid, the remainder of the rules, or the application, of such provision to other persons or circumstances shall not be affected thereby.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1326       REFERENCE RULES

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. June 10, 1978;

Repealed Eff. September 1, 1990.

 

 

 

 

 

15A NCAC 18A .1327       INCORPORATED RULES

(a)  The North Carolina "Rules Governing the Sanitation of Restaurants and Other Foodhandling Establishments" 15A NCAC 18A .2600 are incorporated by reference including any subsequent amendments or editions.  This material is available for inspection at the Department of Environment and Natural Resources, Division of Environmental Health, 2728 Capital Boulevard, Raleigh, NC.  Copies may be obtained from Environmental Health Services Section, 1632 Mail Service Center, Raleigh, NC 27699-1632 at no cost.

(b)  The North Carolina "Rules Governing Public Water Systems" 15A NCAC 18C are incorporated by reference including any subsequent amendments or editions.  This material is available for inspection at the Department of Environment and Natural Resources, Division of Environmental Health, 2728 Capital Boulevard, Raleigh, NC.  Copies may be obtained from Public Water Supply Section, 1634 Mail Service Center, Raleigh, NC 27699-1634 at no cost.

(c)  The North Carolina "Rules Governing Protection of Water Supplies" 15A NCAC 18A .1700 are incorporated by reference including any subsequent amendments or editions.  This material is available for inspection at the Department of Environment and Natural Resources, Division of Environmental Health, 2728 Capital Boulevard, Raleigh, NC.  Copies may be obtained from Environmental Health Services Section, 1632 Mail Service Center, Raleigh, NC 27699-1632 at no cost.

(d)  The North Carolina "Solid Waste Rules" 15A NCAC 13B .1200 Medical Waste Management are incorporated by reference including any subsequent amendments or editions.  This material is available for inspection at the Department of Environment and Natural Resources, Division of Environmental Health, 2728 Capital Boulevard, Raleigh, NC.  Copies may be obtained from Solid Waste Section, 1646 Mail Service Center, Raleigh NC 27699-1646 at a cost of nine dollars ($9.00).

(e)  The North Carolina "Rules Governing Grade A Milk Sanitation" 15A NCAC 18A .1200 are incorporated by reference including any subsequent amendments or editions.  This material is available for inspection at the Department of Environment and Natural Resources, Division of Environmental Health, 2728 Capital Boulevard, Raleigh, NC.  Copies may be obtained from Environmental Health Services Section, 1632 Mail Service Center, Raleigh, NC 27699-1632 at no cost.

 

History Note:        Authority G.S. 130A‑235;

Eff. March 1, 2003 (See S.L. 2002-160).

 

SECTION .1400 ‑ MASS GATHERINGS

 

Rules .1401 ‑ .1426 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1401‑ .1426); has been transferred and recodified from Rules .1401 ‑ .1426 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .1401 ‑ .1426), effective April 4, 1990.

 

 

15A NCAC 18A .1401       DEFINITIONS

15A NCAC 18A .1402       STANDARDS AND REQUIREMENTS

15A NCAC 18A .1403       FACILITIES AND SERVICES

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1985;

Repealed Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1404       ACTIVITY AREA

An activity area shall be provided of sufficient size to accommodate the estimated number of persons reasonably expected to be in attendance at any one time.  This activity area is in addition to those areas required for parking in .1410, for camping in .1407, and for the command post in .1408 of this Section.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1405       DISTANCE FROM DWELLINGS

No part of the perimeter of the activity and camping areas shall be within 1500 feet of any residence unless the occupant or owner has signed a written waiver.  Notarized copies of any such waivers shall accompany the application.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1406       DISTANCE FROM CERTAIN PUBLIC WATER SUPPLY SOURCES

No part of the perimeters of the activity, including camping areas, shall be located within one mile of a class I or class II reservoir, as classified by the Division of Environmental Health, or within three miles of a protected watershed which drains into an A‑I stream, as classified by the Division of Environmental Management, and which stream is used as a source of public water supply.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. June 30, 1980.

 

 

 

15A NCAC 18A .1407       CAMPING AREA

An area of adequate size to accommodate the provision of safe drinking water and sewage collection and disposal shall be provided and designated for camping.  Such area shall be in addition to the areas provided for activities in Rule .1404 and for parking in Rule .1410 of this Section.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1408       COMMAND POST

A command post at a conveniently accessible location approved by the Department shall be provided for use by the Department, law enforcement, and other governmental agencies with regulatory authority for such events.  The command post shall consist of at least one building or mobile unit equipped with telephones, other utilities and parking spaces.  The permittee shall provide access to the command post at all times for use by the Department and the other entities listed in this Rule.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1409       INGRESS AND EGRESS ROADS: ENTRANCES AND EXITS

The permittee shall provide personnel and arrangements necessary to keep entrances and exits to public highways open to traffic at all times. The permittee shall make arrangements with private parties or consult with the North Carolina Department of Transportation and Highway Safety regarding adequate ingress and egress roads.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1410       PARKING

Parking spaces shall be provided on the basis of one space for every four persons expected to attend.  Vehicles used for camping shall park in the camping area provided in Rule .1407 of this Section.  Parking on shoulders of public highways shall not be permitted and temporary signs shall be erected by permittee to so indicate.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1411       CROWD CONTROL AND SECURITY ENFORCEMENT

The application for permit shall be accompanied by a written plan for limiting attendance to the number stated in the application for permit, the exclusion of persons not holding tickets, and a written plan for security enforcement, including the number of security guards to be provided for internal and external crowd control and security enforcement.  The plan shall be accompanied by a written statement by the sheriff or chief of police, whichever has jurisdiction over the area, that the plan seems adequate.  The permittee shall execute the plan.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1412       DUST CONTROL

The application shall be accompanied by a written plan for dust control.  The permittee shall execute the plan.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1413       FIRE PREVENTION AND CONTROL

The application shall be accompanied by a written plan for fire prevention and control.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1414       PLANS FOR EMERGENCIES

The application shall be accompanied by written plans for dealing with emergency situations involving the occurrence of incidents requiring rapid evacuation, including arrangements for use of emergency egress roads.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1415       PROVISION OF MEDICAL CARE

The application for permit shall be accompanied by a written plan for the provision of medical care, such plan having been approved in writing by the local health director.  At the time of the inspection, the structure and all supplies and equipment provided for in the plan shall be in place; and the agreements and statements provided for in the plan shall be determined to be valid.  The plan shall include provisions for:

(1)           the name and address of a physician licensed to practice medicine in North Carolina to be responsible for the organization and delivery of emergency medical services; A signed notarized statement by the physician accepting the responsibility shall accompany the plan.  He shall determine how many licensed physicians, licensed nurses, and other medical personnel shall be on duty on the premises at any particular time;

(2)           at least one enclosed covered structure to be used as a medical treatment center; The structure or structures shall provide at least a total of 450 square feet and shall have running water under pressure from an approved source;

(3)           a list of medical supplies and equipment sufficient to support reasonably anticipated medical care requirements;

(4)           notification of all general public hospitals within 20 miles of the mass gathering location as to scheduled dates and anticipated attendance of the mass gathering;

(5)           the name and address of at least one licensed ambulance service agency to be responsible for providing emergency transportation; A signed notarized statement by an official of the agency accepting the responsibility shall accompany the plan.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1416       WATER SUPPLY

(a)  There shall be provided a water supply from an approved source. An approved emergency source shall be provided in addition where necessary.  Facilities approved by the Department for the distribution and dispensing of water shall be provided.  The sponsor shall have in his possession, at the time of inspection, the reports of bacteriological and chemical examinations of water samples performed by the Division of Laboratory Services or another laboratory certified by the Department to perform such examinations.  The water shall be chlorinated so as to provide a free chlorine residual of at least 1.0 part per million at all outlets at all times during the gathering.  The water supply and the facilities for distribution and dispensing shall be provided with effective safeguards to prevent the introduction of hallucinogenic drugs or other contamination.

(b)  If water is to be provided only for drinking and washing, water shall be supplied at a rate of three gallons per person per day and a peak hour demand of one and one‑half pints per person.  If water is to be provided for drinking, washing, and bathing, water shall be supplied at a rate of 12 gallons per day per person and a peak hour demand of six pints per person.

(c)  Water shall be obtained from a public or community water supply approved by the Department.  If a new source of water supply is to be provided, the application shall be accompanied by the necessary plans, engineer's report, and specifications (in triplicate) as required for review and approval by the Department.  The application shall include plans, engineer's report, and specifications for an emergency source capable of supplying at least three gallons per day per person.  If water is to be hauled from an off‑site source, storage facilities shall be provided in the area sufficient in volume to supply the needs of the gathering for its duration.  Before being filled with water for use during the gathering, all such storage tanks shall be cleaned thoroughly, filled with clean water containing a chlorine residual of at least 100 parts per million, and, after a contact time of at least 24 hours, all such tanks shall be emptied.  Subsequently, and prior to the issuance of a permit, all such tanks shall be filled with water from an approved source and all inlets to such tanks shall be closed and locked so as to give positive protection against the introduction of contamination.

(d)  Water outlets shall be provided at an adequate number of convenient and readily accessible locations properly distributed throughout the activity and camping areas.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 30, 1980.

 

 

 

15A NCAC 18A .1417       TOILET FACILITIES: SEWAGE DISPOSAL

(a)  Sanitary toilet facilities shall be provided at convenient and readily accessible locations properly distributed throughout the activity and camping areas at a rate of not more than 100 persons per toilet seat.

(b)  If chemical toilet rental service is to be employed, all toilets shall be so located as to be readily accessible by service vehicles and shall be serviced as often as necessary.  Material removed from such toilets shall be disposed of in a public or community sewerage system, or in a disposal trench to be constructed in the area.  Each load of material deposited in such trench shall be covered immediately with earth or lime.  At the end of each 24‑hour period, the material shall be covered with a layer of at least six inches of earth.

(c)  If trench latrines are to be used, all trenches shall be covered with fly‑tight seat boxes with hinged lids.

(d)  If water‑carried sewerage facilities are provided, the sewer system shall be connected to a public or community sewerage system having wastewater treatment facilities of adequate capacity to treat the flow of wastewater from the mass gathering.  The application shall be accompanied by a signed statement by the Division of Environmental Management attesting to the adequacy of the treatment facilities.  A similar statement shall accompany the application if material removed from chemical toilets is to be disposed of in a public or community sewerage system.  No sewage shall be discharged to the surface of the ground or into any watercourse without the approval of the Division of Environmental Management.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1418       SOLID WASTE COLLECTION AND DISPOSAL

(a)  Facilities shall be provided for all solid wastes to be collected and stored in leak‑proof, nonabsorbent containers, and all solid wastes shall be removed daily or more often and disposed of in a community solid waste disposal facility or in a sanitary landfill to be constructed in the area.  Solid wastes shall be placed in the landfill, compacted as densely as possible, and covered after each day of operation with a compacted layer of at least six inches of dirt.

(b)  Approved receptacles having a maximum capacity of 32 gallons shall be provided at places conveniently located throughout the activity, camping and parking areas, and at each food service facility for the deposition of solid wastes.

(c)  If bulk solid waste storage containers are used, at least two four‑cubic‑yard containers shall be provided per 1,000 persons in the case of once‑daily removal, or two two‑cubic‑yard containers per 1,000 persons in the case of twice‑daily removal, and these containers shall be so located as to be accessible to solid waste service vehicles.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1419       FOOD DISPENSING

(a)  Sanitary food dispensing facilities shall be provided at accessible and convenient locations, and shall be maintained in a sanitary condition.

(b)  Perishable food items dispensed from such facilities shall be limited to prepackaged items, such as wrapped sandwiches, prepared in commercial establishments and under official sanitary supervision, and shall be dispensed in the unbroken packages; provided, that chicken, hamburgers, and frankfurters obtained from approved sources may be cooked and packaged at the site if all operations of preparation, cooking and packaging in unit packages for dispensing to individuals are done inside an approved structure or vehicle, in a sanitary manner, and otherwise in compliance with the "Sanitation of Restaurants and Other Foodhandling Establishments," 15A NCAC 18A .2600.  Perishable foods shall be stored at or below 45 degrees F., or in the frozen state, until heated or cooked immediately before serving.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1420       INSECT AND RODENT CONTROL

There shall be no fly or mosquito‑breeding places, rodent harborages, or undrained areas on the premises.  Necessary measures shall be taken to control flies, mosquitoes, rodents, or other vermin.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1421       POST‑GATHERING CLEAN‑UP

Within one week after the end of the gathering, all sanitary landfills and any trenches or pits used for sewage and liquid waste disposal shall be covered with at least two feet of compacted earth material; and the areas and immediate surrounding properties shall be cleaned of all litter and solid wastes attributable to the mass gatherings.  In addition, any signs, litter, and solid wastes on roads leading from the areas and within one mile of the areas and which can be attributed to the mass gathering shall be removed.  All solid wastes shall be disposed of as provided in .1418 of this Section.  Unless otherwise directed by the owner of the property, all temporary facilities (such as solid waste receptacles and signs) shall be removed from the areas.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1422       NOISE LEVEL AT PERIMETER

The application shall be accompanied by detailed plans for amplifying equipment, which shall be so located and operated as to limit the noise level at the perimeter of the site to no more than 70 decibels on the A scale of a sound level meter which meets the specifications of the American National Standards Institute, which are adopted by reference in accordance with G.S. 150B‑14(c).  The applicant shall include a signed statement certifying that the noise level limit as herein specified will not be exceeded.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1423       LIGHTING

The application shall be accompanied by detailed plans for lighting designed to illuminate the site.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1424       SIGNS

Signs shall be posted throughout the area showing the locations of toilet facilities, water supply outlets, solid waste receptacles, food stands, first aid facilities, and the command post.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1425       SEVERABILITY

If any provisions of this Section, or the application thereof to any person or circumstances, is held invalid, the remainder of the rules, or the application of such provision to other persons or circumstances, shall not be affected thereby.

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1426       REFERENCE RULES

 

History Note:        Authority G.S. 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1985;

Repealed Eff. September 1, 1990.

 

 

 

SECTION .1500 ‑ SANITATION OF LOCAL CONFINEMENT FACILITIES

 

Rules .1501 ‑ .1525 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1501 ‑ .1525); has been transferred and recodified from Rules .0101 ‑ .0125 of Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .0101 ‑ .0125), effective April 4, 1990.

 

15A NCAC 18A .1501       DEFINITIONS

The following definitions shall apply throughout this Section in the interpretation and enforcement of this Section:

(1)           "Local confinement facility" shall include the following and similar establishments:  any county or municipal confinement facility, local lockup, regional or district confinement facility, any detention facility for children or adults, any county or municipal workhouse or house of correction, and any other confinement facility operated by any local government for confinement of persons awaiting trial or sentences.

(2)           "Department" shall mean the Secretary of the Department of Environment and Natural Resources or his authorized representative.

(3)           "Local health director" shall mean local health director as defined in G.S. 130A‑2(6) or his authorized representative.

(4)           "Sanitarian" shall mean a person authorized to represent the Department on the local or state level in making inspections pursuant to state laws and rules.

(5)           "Sanitize" means the approved bactericidal treatment by a process which meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.

(6)           "Potentially hazardous food" means any food or ingredient, natural or synthetic, in a form capable of supporting the growth of infectious or toxigenic microorganisms, including Clostridium botulinum.  This term includes raw or heat treated foods of animal origin, raw seed sprouts, and treated foods of plant origin.  The term does not include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. November 1, 2002; September 1, 1990.

 

15A NCAC 18A .1502       APPROVAL OF PLANS

Plans and specifications for new construction or major modification of local confinement facilities shall be submitted to the local health director for review and endorsement prior to, or concurrent with, submission to the Division of Health Service Regulation, Department of Human Resources, for approval.

 

History Note:        Authority G.S. 153A‑226; 143B‑165;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1503       INSPECTIONS

Inspections of local confinement facilities shall be made at least once a year.  A copy of each inspection form shall be left with the person in charge of the facility at the time of the inspection.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1504       REINSPECTIONS

A sanitarian may reinspect a local confinement facility at any time to insure compliance with these Rules and to give assistance in the interpretation of these Rules.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1505       INSPECTION FORMS

The grading of local confinement facilities shall be done on an inspection form furnished by the Department to local health departments. The form shall include at least the following information:

(1)           the name and address of the facility,

(2)           the name of the person in charge of the facility,

(3)           the classification of the facility,

(4)           the standards of construction and operation as listed in .0107 to .0123 of this Section,

(5)           the signature of the authorized representative of the Department.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 30, 1980.

 

 

 

15A NCAC 18A .1506       GRADING

(a)  The grading of local confinement facilities shall be based on the standards of construction and operation as set out in .0107 to .0123 of this Section.

(b)  The grade of the facility shall be classified as follows:

(1)           as approved if the demerit score is 20 or less and no six demerit point item is violated;

(2)           As provisional if any six demerit point item is violated, or if the demerit score is more than 20 but not more than 40; The duration of such classification shall not exceed seven days; provided, that a longer period may be established if construction or renovation is involved;

(3)           as disapproved if the demerit score is more than 40, if the conditions found are dangerous to the health of the persons confined, or if the conditions resulting in the provisional classification have not been corrected within the specified time period.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. January 1, 1978.

 

 

 

15A NCAC 18A .1507       FLOORS

(a)  All floors shall be so constructed as to be easily cleanable and shall be kept clean and in good repair.

(b)  In all areas in which water is routinely discharged to the floor, or in which the floors are subjected to flooding‑type cleaning, floors shall be of nonabsorbent materials, shall be sloped to drain and be provided with floor drains.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1508       WALLS AND CEILINGS

(a)  The walls and ceilings of all rooms and areas shall be kept clean and in good repair.

(b)  All walls shall be easily cleanable and light colored, and shall have washable surfaces to the highest level reached by splash or spray in rooms or areas where such occur.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1509       LIGHTING AND VENTILATION

(a)  All rooms shall be well lighted by natural or artificial means.

(b)  Ventilation shall be provided and installed as required by the North Carolina State Building Code.  Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, North Carolina  27611.

(c)  Ventilation equipment shall be kept clean and in good repair.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. October 1, 1985.

 

 

 

15A NCAC 18A .1510       TOILET, HANDWASHING AND BATHING FACILITIES

(a)  Each cell shall be provided with access to toilet and handwashing facilities, and soap and individual towels shall be provided.  The fixtures shall be kept clean and in good repair.

(b)  Each cell block or section shall be provided with bathing facilities which shall be easily cleanable and shall be kept clean.

(c)  Convenient toilet facilities shall be provided for kitchen workers.

(d)  Handwashing facilities with hot and cold water and mixing faucet shall be provided in kitchens and any food preparation areas in addition to any lavatories which may be provided at workers' toilet rooms.

(e)  A supply of hot water adequate to meet all requirement for hot water in these Rules shall be provided.

(f)  Plumbing shall comply with the North Carolina State Building Code, Volume II.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. April 1, 1992; September 1, 1990.

 

 

 

15A NCAC 18A .1511       WATER SUPPLY

(a)  Water supplies shall meet the requirements in 15A NCAC 18A .1700.

(b)  At least once a year, a sample of water shall be collected by the Department and submitted to the Division of Laboratory Services or other laboratory certified by the Department to perform bacteriological examinations.

(c)  No backflow connections or cross connections with unapproved water supplies shall exist.

(d)  Hot water heating facilities shall be provided.  Hot and cold running water under pressure shall be provided to food preparation areas, and any other areas in which water is required for cleaning.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1512       DRINKING WATER FACILITIES

(a)  Drinking fountains approved by the Department or individual drinking cups shall be provided.

(b)  Cups with open seams or surfaces readily corrodible and difficult to clean and maintain shall not be used.  All multi‑use drinking cups shall be thoroughly cleaned and sanitized daily and before being used by succeeding persons.  Drinking fountains, if provided, shall be properly regulated and kept clean.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1513       LIQUID WASTES

(a)  All sewage and other liquid wastes shall be disposed of in a public sewer system or, in the absence of a public sewer system, by a sanitary sewage disposal method approved as provided in "Sewage Disposal Systems," 15A NCAC 18A .1900.

(b)  All sewage and other liquid wastes shall be so disposed of as not to create a public‑health hazard.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1514       SOLID WASTES

(a)  All solid wastes containing food scraps or other decomposable materials shall, prior to disposal, be kept in leak‑proof, nonabsorbent containers such as standard garbage cans, which shall be kept covered with tight‑fitting lids when filled or stored, or not in continuous use.

(b)  All dry rubbish (including scrap paper, cardboard boxes, or similar items) shall be stored in containers, rooms, or designated areas in a manner approved by the Department. Cleaning facilities for waste containers shall be provided.  Containers shall be cleaned after emptying or removal of garbage or rubbish.

(c)  All solid wastes shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1515       VERMIN CONTROL: PREMISES

(a)  Effective measures shall be taken to keep flies, rodents, and other vermin out of the local confinement facility and to prevent their breeding or presence on the premises.

(b)  The premises under control of the custodian shall be kept neat, clean, and free of litter.

(c)  Unless flies and other flying insects are absent from the immediate vicinity of the local confinement facility, all openings to the outer air shall be effectively protected against entrance of such insects by self‑closing doors, closed windows, 16‑mesh or finer screening, or other effective means.

(d)  Only those pesticides shall be used which have been approved for a specific use and properly registered with the Environmental Protection Agency and with the North Carolina Department of Agriculture in accordance with the "Federal Environmental Pesticide Control Act" and the "North Carolina Pesticide Law."

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1516       STORAGE

(a)  The local confinement facility shall provide at least one sufficiently sized janitor's closet equipped with a mop receptor, shelving, hooks, and other items necessary for the storage of all janitorial supplies and equipment.

(b)  The facility shall also provide storage closets or rooms for all bed linens, mattresses, and general supplies.  Such rooms shall be kept clean.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1517       MATTRESSES, MATTRESS COVERS, BED LINEN

(a)  All furniture, bunks, mattresses, and other furnishings shall be kept clean and in good repair.

(b)  Clean bed linen and easily cleanable or washable mattress covers, washable mattresses, or equivalent, shall be provided for each occupant and shall be changed as often as necessary.

(c)  Clean linen shall be stored and handled in a sanitary manner. Soiled linen shall be stored and handled in such a manner as not to spread contamination, as by use of suitable bags or closed hampers.  Suitable rooms or spaces shall be provided for the separate storage of clean and soiled linens.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1518       FOOD SERVICE UTENSILS AND EQUIPMENT

(a)  All equipment and utensils shall be so designed and of such material and workmanship as to be smooth and easily cleanable, and shall be kept in good repair.

(b)  The food‑contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, non‑toxic, corrosion‑resistant, relatively nonabsorbent, and free of open crevices; provided, that hard maple or its equivalent may be used for bakers' tables and cutting boards or blocks.

(c)  The National Sanitation Foundation has developed standards for many food service equipment items.  Equipment which meets these or equivalent standards shall be accepted as meeting the requirements of this Section.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1519       CLEANING AND SANITIZING OF UTENSILS AND EQUIPMENT

(a)  All multi‑use eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage.

(b)  All kitchenware and food‑contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils, shall be thoroughly cleaned after each use.  Cooking surfaces of equipment shall be cleaned at least once each day.  All utensils and food‑contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous foods shall be cleaned and sanitized prior to each use.  Non‑food‑contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.

(c)  Necessary facilities shall be provided and used for the cleaning and sanitizing of utensils and equipment.  All such utensils and equipment shall then be stored so as to drain, dry and be protected from splash, dust, or contamination.  In‑place cleaning of fixed equipment shall be accepted when found effective.

(d)  Hand dishwashing facilities shall consist of an approved three‑compartment sink of adequate size and depth, with hot and cold water service for each vat, and drainboards on each end of ample size to accommodate the number of eating and drinking utensils involved.  When hot water is used for sanitizing, a booster heater of adequate capacity shall be provided to maintain a water temperature of at least 170 degrees F. in the third compartment.

(e)  A separate sink with drainboards on each end shall be provided where necessary for the washing of pots, pans, and vegetables.

(f)  If a dishwashing machine is provided, the capacity shall be adequate to handle the number of utensils to be washed.  The machine shall be fitted with a drainboard of ample size on each side; and the dirty dish lane shall be provided with a counter‑sunk sink, or other effective means for the pre‑cleaning, pre‑flushing, or pre‑soaking of the utensils.

(g)  All cloths used by workers in the kitchen shall be clean. Single service containers shall be used only once.

(h)  No polish or other substance containing cyanide or other poisonous material shall be used for the cleaning or polishing of eating or cooking utensils.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1520       STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT

(a)  Sanitized utensils shall be stored in a clean place.  Containers and utensils shall be covered, inverted, or stored in tight, clean cabinets.  After cleaning and until use, food‑contact surfaces of equipment shall be protected from contamination.  Utensils shall be handled in such a manner as to prevent contamination.

(b)  Single service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1521       FOOD SUPPLIES

(a)  All food shall be from approved sources and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption.

(b)  All meat and meat food products and all poultry and poultry products shall have been inspected for wholesomeness under an official federal, state, or local regulatory program; and, in all cases, the source shall be identifiable from labeling on carcasses, cuts, unit packages, bulk packages, or from bills of sale.

(c)  Only Grade A pasteurized fluid milk and fluid milk products or canned milk shall be used.  Dry milk and milk products may be reconstituted if used for cooking purposes only.

(d)  When necessary to provide meals for prisoners in a jail or lockup which is not equipped with a kitchen, such meals shall be obtained from a foodhandling establishment approved by the local health director.  Such meals or food shall be served in single service eating and drinking utensils.  The procedures and equipment used for transporting of meals shall be approved by the local health director.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1522       FOOD PROTECTION

(a)  All food, while being stored, prepared, served, and during transportation, shall be protected from contamination.  All perishable food shall be stored at such temperatures as will protect against spoilage.  All potentially hazardous food shall be maintained at safe temperatures (45° F. or below, or 140° F. or above) except during necessary periods of preparation and serving.  Ground beef and foods containing ground beef shall be cooked to an internal temperature of at least 155° F (68° C).  Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to 165° F (74° C) or higher throughout before being served or before being placed in a hot food storage facility, except that food in intact packages from regulated food manufacturing plants may initially be reheated to 140° F (60° C).  Raw fruits and vegetables shall be washed thoroughly before use.  Stuffings, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before being served.  Salads made of meat, poultry, potatoes, fish, shellfish, or eggs, and other potentially hazardous prepared food shall be prepared, preferably from chilled products, with a minimum of manual contact, and on surfaces and with utensils which are clean and which, prior to use, have been sanitized.  Individual portions of food once served shall not be served again.

(b)  No live animals or fowl shall be allowed in any room or area in which food is prepared, served, or stored.

(c)  Refrigeration facilities, hot food storage facilities, and effective insulated facilities, shall be provided as needed to assure the maintenance of all food at required temperatures during storage, preparation, and serving.

(d)  Each cold‑storage facility used for the storage of perishable food in a non‑frozen state shall be provided with an indicating thermometer of such type and so situated that the thermometer can be easily read.

(e)  Containers of food shall be stored above the floor, on clean racks, dollies, slatted shelves, or other clean surfaces, in such a manner as to be protected from splash and other contamination.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. October 1, 1993.

 

15A NCAC 18A .1523       FOOD SERVICE WORKERS

(a)  All food service workers shall wear clean outer garments and conform to proper hygienic practices.  They shall wash their hands thoroughly in an approved handwashing facility before starting work, and as often as may be necessary to remove soil and contamination.

(b)  No worker shall resume work after visiting the toilet room without first washing his hands.  Hair nets, headbands, caps, or other effective hair restraints, shall be used by workers engaged in the preparation and service of food to keep hair from food and food‑contact surfaces.  Workers shall not use tobacco in any form while engaged in food preparation, or while in equipment and utensil‑washing or food‑preparation areas.

(c)  No person who has a communicable or infectious disease that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or who has a boil, infected wound, or an acute respiratory infection with cough and nasal discharge, shall work in food service in any capacity in which there is a likelihood of such person contaminating food or food‑contact surfaces, with disease‑causing organisms or transmitting the illness to other persons.

(d)  If the custodian has reason to suspect that any person has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the local health department or county physician immediately.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1524       SEVERABILITY

If any provision of this Section, or the application thereof to any person or circumstance, is held invalid, the remainder of these Rules, or the application of such provision to other persons or circumstances, shall not be affected thereby.

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1525       REFERENCE RULES

 

History Note:        Authority G.S. 153A‑226;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. June 10, 1978;

Repealed Eff. September 1, 1990.

 

 

 

 

 

SECTION .1600 ‑ SANITATION OF RESIDENTIAL CARE FACILITIES

 

Rules .1601 ‑ .1622 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1601 ‑ .1622); has been transferred and recodified from Rules .0201 ‑ .0222 of Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .0201 ‑ .0222), effective April 4, 1990.

 

15A NCAC 18A .1601       DEFINITIONS

The following definitions shall apply throughout this Section:

(1)           "Department of Environment and Natural Resources" means the Secretary, or his authorized representative.

(2)           "Director" means the State Health Director.

(3)           "Foster Care" means the care of individuals as defined in G.S. 131D-10.2(9).

(4)           "Family foster home" means a facility as defined in G.S. 131D-10.2(8).

(5)           "Manager" means the person in responsible charge of a residential care facility.

(6)           "Potentially hazardous food" means any food or ingredient, natural or synthetic, in a form capable of supporting the growth of infectious or toxigenic microorganisms, including Clostridium botulinum.  This term includes raw or heat treated foods of animal origin, raw seed sprouts, and treated foods of plant origin.  The term does not include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less.

(7)           "Residential care facility" means an establishment providing room or board and for which a license or certificate for payment is obtained from the Department of Human Resources.  However, the term shall not include a child day care facility or an institution as defined in 15A NCAC 18A .1300.

(8)           "Resident" means a person, other than the manager, his immediate family, and staff, residing in a residential care facility.

(9)           "Sanitarian" means a person authorized to represent the Department on the local or state level in making inspections pursuant to state laws and rules.

(10)         "Sanitize" means the approved bactericidal treatment by a process which meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.

 

History Note:        Authority G.S. 130A-235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1993; September 1, 1990; March 1, 1988; July 1, 1984;

Temporary Amendment Eff. May 5, 1998;

Temporary Amendment Expired January 26, 1999;

Amended Eff. November 1, 2002

 

15A NCAC 18A .1602       APPROVAL OF PLANS

Plans and specifications for new construction or modification of residential care facilities, except family foster homes, shall be submitted to the agency designated by the state licensure regulations and to the local health department for review and approval before beginning construction.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1603       INSPECTIONS

Inspections of residential care facilities shall be made by the Department at least once a year prior to the expiration of the license.  Inspections are required for family foster homes only for those homes served by individual or non‑community water supplies or on‑site sewage systems.  A copy of the inspection form shall be provided to the person in charge of the facility.  If conditions found at the time of the inspection are dangerous to the health of the residents, the agency supervising the family foster home shall be notified immediately by telephone or other direct means by the sanitarian.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1993.

 

 

 

15A NCAC 18A .1604       REINSPECTIONS: VISITS

The sanitarian may reinspect or visit residential care facilities at any time to insure compliance with these Rules.  When requested by the manager to inspect for the purpose of improving a classification, the sanitarian shall make at least one unannounced inspection within 30 days.  The sanitarian shall give assistance in the explanation and interpretation of these Rules.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1605       INSPECTION FORMS

The grading of residential care facilities shall be done on an inspection form furnished by the Department to local health departments. The form shall include at least the following information:

(1)           name and address of facility,

(2)           name of person in charge,

(3)           number of residents,

(4)           classification,

(5)           standards of construction and operation as listed in Rule .1607 to .1621 of this Section,

(6)           signature of authorized representative.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 30, 1980.

 

 

 

15A NCAC 18A .1606       GRADING

(a)  The grading of residential care facilities shall be based upon the standards of construction and operation set out in Rules .1607 ‑ .1621 of this Section; however, family foster homes are required to comply only with Rule .1611(a) and (b) and Rule .1613 of this Section.

(b)  The grade of the facility shall be classified as follows:

(1)           as approved if the demerit score is 20 or less and no six demerit point item is violated;

(2)           as provisional if any six demerit point item is violated, or if the demerit score is more than 20 but not more than 40; The duration of such classification shall not exceed seven days; provided, that a longer period may be established if construction or renovation is involved;

(3)           as disapproved if the demerit score is more than 40, if the conditions found are dangerous to the health of the residents, or if the conditions resulting in the provisional classification have not been corrected within the specified time.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1993; January 1, 1978.

 

 

 

15A NCAC 18A .1607       FLOORS

All floors shall be easily cleanable and shall be kept clean and in good repair.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1608       WALLS AND CEILINGS

The walls and ceilings of all rooms and areas shall be kept clean and in good repair.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1609       LIGHTING AND VENTILATION

(a)  All rooms shall be well lighted by natural or artificial means.

(b)  Ventilation equipment shall be kept clean and in good repair.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1993; October 1, 1985; July 1, 1984.

 

 

 

15A NCAC 18A .1610       TOILET: HANDWASHING: LAUNDRY AND BATHING FACILITIES

(a)  All residential care facilities shall be provided with approved sanitary toilet, handwashing and bathing facilities complying with state licensure requirements.  These facilities, and laundry facilities when provided, shall be kept clean and in good repair.

(b)  All lavatories and baths shall be supplied with hot and cold running water through mixing devices.  Each resident will be provided soap and individual towels.  These towels will be stored separately after being used.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18A .1611       WATER SUPPLY

(a)  Water supplies shall meet the requirements in 15A NCAC 18A .1700; however wells shall be approved without meeting the setback to building foundation requirements found in 15A NCAC 18A .1720, if water sampling in accordance with Paragraph (b) of this Rule does not indicate a health threat.

(b)  At least once a year, samples of water shall be collected by the Department and submitted to the North Carolina State Laboratory of Public Health or other laboratory certified by the Department to perform examinations for Nitrates and Coliform bacteria.  If the well is located less than 25 feet from a building foundation, the well shall also be sampled for pesticides upon application for licensure or approval.  After the initial pesticide sample is collected and analyzed, the well shall be sampled again for pesticides following any treatment for structural pests.

(c)  No backflow connections or cross connections with unapproved supplies shall exist.

(d)  Adequate hot water heating facilities shall be provided.  Hot and cold running water under pressure shall be provided to food preparation areas and any other areas in which water is required for cleaning.

 

History Note:        Authority G.S. 95-225; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; July 1, 1984;

Temporary Amendment Eff.; May 5, 1998;

Temporary Amendment Expired January 26, 1999;

Temporary Amendment Eff. January 1, 1999;

Amended Eff. August 1, 2000.

 

15A NCAC 18A .1612       DRINKING WATER FACILITIES: ICE HANDLING

Common drinking cups shall not be provided or used.  If ice is provided for residents, it shall be handled, transported, stored and dispensed in such a manner as to be protected against contamination.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1613       LIQUID WASTES

All sewage and other liquid wastes shall be disposed of in a public sewer system or, in the absence of a public sewer system, by an approved, properly operating sanitary sewage system.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1984.

 

 

 

15A NCAC 18A .1614       SOLID WASTES

(a)  All solid wastes shall be kept in durable, rust‑resistant, nonabsorbent, watertight, rodent‑proof standard waste containers which shall be kept covered when filled or stored or not in continuous use.

(b)  Outdoor containers shall be stored on a rack to prevent overturning.  Waste containers shall be kept clean.

(c)  All solid wastes shall be disposed of with sufficient frequency and in such a manner as to prevent insect breeding and public health nuisances.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1615       VERMIN CONTROL: PREMISES

(a)  Effective measures shall be taken to keep insects, rodents, and other vermin out of the residential care facility and to prevent their breeding, harborage, or presence on the premises.  The premises shall be kept neat, clean, adequately drained, and free of litter and vermin harborage.  All openings to the outer air shall be effectively protected against the entrance of flying insects by screens, closed doors, closed windows, or other effective means.

(b)  Only those pesticides shall be used which have been approved for a specific use and properly registered with the Environmental Protection Agency and with the North Carolina Department of Agriculture.  Such pesticides shall be used as directed on the label and shall be so handled and stored as to avoid health hazards.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1984.

 

 

 

15A NCAC 18A .1616       STORAGE: MISCELLANEOUS

(a)  Rooms or spaces which are provided and used for the storage of clothing, personal effects, luggage, necessary equipment and supplies and for items not in routine use, shall be kept clean.

(b)  Pesticides, herbicides and other substances which may be hazardous if ingested, inhaled, or handled, shall be stored in a closet, cabinet or box not accessible to young children unless otherwise required in the rules of the licensing agency.

(c)  Household cleaning agents such as bleaches, detergents and polishes shall be stored out of the reach of young children unless otherwise required in the rules of the licensing agency.

(d)  Medications shall be stored in a separate cabinet, closet or box not accessible to young children unless otherwise required in the rules of the licensing agency.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1617       BEDS: LINEN: FURNITURE

(a)  All furniture, mattresses, curtains, draperies, and other furnishings shall be kept clean and in good repair.

(b)  Clean bed linen in good repair shall be provided for each resident and shall be changed when soiled.

(c)  Clean linen shall be stored and handled in a sanitary manner and separate from soiled linen.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1618       FOOD SERVICE UTENSILS AND EQUIPMENT

(a)  All equipment and utensils shall be so constructed as to be easily cleaned and shall be kept in good repair.  All surfaces with which food or drink comes in contact shall, in addition, be easily accessible for cleaning, nontoxic, corrosion‑resistant, nonabsorbent, and free of open crevices.  Disposable articles shall be made from nontoxic materials.

(b)  All multi‑use eating and drinking utensils shall be thoroughly cleaned after each usage, and the facilities needed for the operations of washing and rinsing shall be provided.

(c)  All pots, pans and other utensils used in the preparation or serving of food or drink, and all food storage utensils, shall be thoroughly cleaned after each use.  Cooking surfaces of equipment, if any, shall be cleaned at least once each day.  Non‑food‑contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.

(d)  No polish or other substance containing cyanide or other poisonous material shall be used for the cleaning or polishing of eating or cooking utensils.

(e)  All cloths used in the kitchen shall be clean.  Disposable items shall be used only once.

(f)  All containers and clean utensils shall be stored in a clean place.  Containers and clean utensils shall be covered, inverted, stored in tight, clean cabinets, or otherwise stored in such a manner as to prevent contamination.  After cleaning and until use, food‑contact surfaces of equipment shall be protected from contamination.  Utensils shall be handled in such a manner as to prevent contamination.

(g)  Disposable utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner.

(h)  Acceptable facilities for washing multi‑use eating and drinking utensils, and pots, pans and other cooking utensils, include 2‑section residential sinks, in counters.  It is not necessary that such sinks be deep enough to permit immersion of large utensils.

(i)  Acceptable storage facilities include residential kitchen cabinets, which should be kept clean and free of vermin.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

15A NCAC 18A .1619       FOOD SUPPLIES

(a)  All food, including milk and milk products, shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption.

(b)  If non‑acid or low‑acid home‑canned foods are used, they shall be boiled for ten minutes in order to destroy any toxin that may have been produced by bacteria surviving the canning process.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1620       FOOD PROTECTION

(a)  All foods, while being stored, prepared, served, and during transportation, shall be protected from contamination.  All perishable foods shall be stored at such temperatures as will protect against spoilage.  All potentially hazardous food shall be maintained at safe temperatures (45° F. or below, or 140° F. or above) except during necessary periods of preparation and serving.  Frozen food shall be kept at such temperatures as to remain frozen, except when being thawed for preparation or use.  Potentially hazardous frozen food shall be thawed at refrigerator temperatures of 45° F. or below; or quick-thawed as part of the cooking process; or by a method approved by the sanitarian.  An indicating thermometer shall be located in each refrigerator.  Raw fruits and vegetables shall be washed thoroughly before use.  Ground beef and foods containing ground beef shall be cooked to an internal temperature of at least 155° F (68° C).  Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to 165° F (74° C) or higher throughout before being served or before being placed in a hot food storage facility, except that food in intact packages from regulated food manufacturing plants may initially be reheated to 140° F (60° C).  Stuffings, poultry, stuffed meats and poultry, and pork and pork products, shall be thoroughly cooked before being served.  Salads made of meat, poultry, potatoes, fish, shellfish, or eggs, and other potentially hazardous prepared food shall be prepared, preferably from chilled products, with a minimum of manual contact, and on surfaces and with utensils which are clean.  Portions of food once served to an individual shall not be served again.

(b)  Live pets shall not be allowed in any room or area in which food is prepared or stored.  Live pets, unless caged and restricted from the immediate eating area, shall not be allowed in any room or area in which food is served.

(c)  Refrigeration facilities, hot food storage facilities, and effective insulated facilities, shall be provided as needed to assure the maintenance of all food at required temperatures during storage, preparation, and serving.

(d)  Containers of food shall be stored above the floor, on clean racks, shelves, or other clean surfaces, in such a manner as to be protected from splash and other contamination.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. October 1, 1993; September 1, 1990.

 

15A NCAC 18A .1621       FOOD SERVICE PERSONS

(a)  All persons, while preparing or serving food or washing equipment or utensils, shall wear clean outer garments, and conform to proper hygienic practices.  They shall wash their hands thoroughly before starting work and as often as necessary to remove soil and contamination. After visiting a toilet room, such persons shall wash their hands thoroughly in a lavatory and in no case in the kitchen sink.  They shall not use tobacco in any form while preparing or serving food.

(b)  No person who has a communicable or infectious disease that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or who has a boil, infected wound, or an acute respiratory infection with cough and nasal discharge, shall work in food service in any capacity in which there is a likelihood of such person contaminating food or food‑contact surfaces, with disease‑causing organisms or transmitting the illness to other persons.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1622       SEVERABILITY

If any provision of this Section, or the application thereof to any person or circumstance is held invalid, the remainder of these Rules or the application of such provision to other persons or circumstances, shall not be affected thereby.

 

History Note:        Authority G.S. 130A‑235;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

 

SECTION .1700 ‑ PROTECTION OF WATER SUPPLIES

 

Rules .1701 ‑ .1719 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1701 ‑ .1719); has been transferred and recodified from Rules .1701 ‑ .1719 of Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .1701 ‑ .1719), effective April 4, 1990.

 

15A NCAC 18A .1701       PURPOSE

15A NCAC 18A .1702       DESIGN AND CONSTRUCTION

15A NCAC 18A .1703       SITE SELECTION

15A NCAC 18A .1704       WELL CONSTRUCTION

15A NCAC 18A .1705       PROTECTION

15A NCAC 18A .1706       WATER SUPPLY NEEDED

15A NCAC 18A .1707       DISINFECTION

15A NCAC 18A .1708       TEST WATER QUALITY

15A NCAC 18A .1709       TYPES OF WELLS

15A NCAC 18A .1710       CONTAMINATION

15A NCAC 18A .1711       PROTECTION OF SPRINGS

15A NCAC 18A .1712       CISTERNS

15A NCAC 18A .1713       HORIZONTAL SUCTION LINES

15A NCAC 18A .1714       PITLESS ADAPTER

15A NCAC 18A .1715       DISINFECTION PROCEDURES

15A NCAC 18A .1716       DISINFECTION OF WELLS

15A NCAC 18A .1717       DISINFECTION OF SPRINGS

15A NCAC 18A .1718       DISINFECTION OF DISTRIBUTION SYSTEM

15A NCAC 18A .1719       AVAILABILITY OF BULLETIN

 

History Note:        Authority G.S. 130A‑5(3); 130A‑120; 130A‑228; 130A‑230; 130A‑235; 130A‑236; 130A‑239;

130A‑248; 130A‑257;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. June 10, 1978;

Repealed Eff. September 1, 1990.

 

15A NCAC 18A .1720       WATER SUPPLIES

(a)  A water supply for which requirements are established in this Subchapter, shall be from a community water supply regulated pursuant to 15A NCAC 18C or from a supply located, constructed, maintained, and operated in accordance with this Section.

(b)  The requirements found in Rules .1720(c) through .1728 of this Section shall not apply to community water supplies.

(c)  The following setback requirements shall apply:

(1)           A well shall not be located in an area propensity for flooding.  Areas which have a propensity for flooding include those with concave slope, alluvial or colluvial soils, gullies, depressions or drainage ways.

(2)           A well constructed on or after July 1, 1993 shall be located at a minimum horizontal distance from:

(A)          Septic tank or nitrification field;                                                                                       100 ft.

(B)          Other subsurface ground absorption waste disposal;                                                   100 ft.

(C)          Industrial or municipal sludge spreading or wastewater irrigation site;                     100 ft.

(D)          Watertight sewage or liquid‑waste collection or transfer facility;                               50 ft.

(E)           Other sewage or liquid‑waste collection or transfer facility;                                        100 ft.

(F)           Animal feedlot or manure pile;                                                                                         100 ft.

(G)          Fertilizer, pesticide, herbicide or other chemical storage area;                                    100 ft.

(H)          Non‑hazardous waste storage, treatment or disposal lagoon;                                    100 ft.

(I)            Sanitary landfill;                                                                                                                  500 ft.

(J)            Other non‑hazardous solid waste landfill;                                                                      100 ft.

(K)          Animal barn;                                                                                                                        100 ft.

(L)           Building foundation;                                                                                                          50 ft.

(M)         Surface water body;                                                                                                           50 ft.

(N)          Chemical or petroleum fuel underground storage tank regulated under 15A NCAC 2N:

(i)            with secondary containment;                                                                           50 ft.

(ii)           without secondary containment;                                                                     100 ft.

(O)          Any other source of groundwater contamination.                                                        100 ft.

(3)           For a well constructed prior to July 1, 1993, the minimum horizontal distances specified in Parts (C)(2)(A), (B), (D), and (L) of this Rule shall be reduced to no less than the following:

(A)          Septic tank or nitrification field;                                                                                       50 ft.

(B)          Other subsurface ground absorption waste disposal system;                                     50 ft.

(C)          Water‑tight sewage or liquid‑waste collection or transfer facility;                             25 ft.

(D)          Building foundation.                                                                                                           25 ft.

(4)           A well constructed prior to July 1, 1993 serving an establishment regulated under 15A NCAC 18A in operation prior to July 1, 1993 shall be required to meet only the following minimum horizontal distance requirements:

(A)          Septic tank or nitrification field;                                                                                       50 ft.

(B)          Other subsurface ground absorption waste disposal system.                                      50 ft.

(5)           An owner, licensee or permittee shall not place or have placed a new source of contamination within the minimum horizontal distances in Subparagraphs (c)(1)‑(4) of this Rule.

(6)           If different minimum horizontal distances requirements are set by the Division of Environmental Management pursuant to 15A NCAC 2C .0118 and .0119, those minimum horizontal distance requirements shall be used.  The owner, licensee or permittees shall provide a written copy of the adjusted minimum horizontal distance requirements from the Division of Environmental Management to the local health department.

 

History Note:        Authority G.S. 95‑225; 130A‑5(3); 130A‑230; 130A‑235; 130A‑236; 130A‑248; 130A‑257;

Eff. September 1, 1990;

Amended Eff. May 1, 1996; July 1, 1993;

Temporary Amendment Eff. May 25, 1998; May 5, 1998; March 1, 1998;

Temporary Amendment (March 1, 1998) Expired December 11, 1998;

Temporary Amendment (May 5, 1998) Expired January 26, 1999;

Temporary Amendment (May 25, 1998) Expired March 12, 1999.

 

15A NCAC 18A .1721       WELL CASING

(a)  For a well constructed after July 1, 1993, the well casing shall be terminated at least 12 inches above the land surface.

(b)  For a well constructed prior to July 1, 1993, the well casing shall be terminated at least six inches above the land surface.

 

History Note:        Authority G.S. 95‑225; 130A‑5(3); 130A‑228; 130A‑230; 130A‑235; 130A‑236; 130A‑248; 130A‑257;

Eff. July 1, 1993.

 

 

 

15A NCAC 18A .1722       WELL HEAD PROTECTION

(a)  The base plate of a pump placed directly over the well shall be designed to form a watertight seal with the well casing or pump foundation.

(b)  In an installation where the pump is not located directly over the well, the annular space between the casing and pump intake or discharge piping shall be closed with a watertight seal designed specifically for this purpose.

(c)  The well shall be vented at the well head to allow for pressure changes within the well except when a suction lift type pump is used.  Any vent pipe or tube shall be screened or otherwise designed to prevent the entrance of insects or other foreign materials.

(d)  For a well constructed after July 1, 1993, a hose bib shall be installed at the well head for obtaining samples.  In the case of offset jet pump installations, the hose bib shall be installed directed downward on the pressure side of the jet pump piping.  A vacuum breaker or backflow prevention device shall be installed on the hose bib.

(e)  For a well constructed after July 1, 1993, a continuous bond concrete slab or well house concrete floor extending at least three feet horizontally around the outside of the well casing shall be provided.  The minimum thickness for the concrete slab or floor shall be four inches.  The slab or floor shall slope to drain away from the well casing.

(f)  Any establishments permitted or licensed after July 1, 1993 shall have a continuous bond concrete slab or well house concrete floor extending at least three feet horizontally around the outside of the well casing.  The minimum thickness for the concrete slab or floor shall be four inches.  The slab or floor shall slope to drain away from the well casing.

 

History Note:        Authority G.S. 95‑225; 130A‑5(3); 130A‑230; 130A‑235; 130A‑236; 130A‑248; 130A‑257;

Eff. July 1, 1993;

Amended Eff. May 1, 1996.

 

 

 

15A NCAC 18A .1723       SPRINGS

(a)  If a spring is serving an establishment regulated under 15A NCAC 18A on or before July 1, 1993, the spring shall be approved unless a violation of Rule .1725 of this Section is identified.  If Rule .1725 of this Section is violated and violation remains after disinfection in accordance with Rule .1724(b) of this Section, or the removal of chemical constituents, the spring shall comply with all requirements of Paragraph (b) of this Rule.  However, a spring which is in violation of Rule .1725(c) of this Section may continue to be used if equipped with a continuous disinfection device in accordance with Rule .1727 of this Section.

(b)  Any establishment permitted or licensed under 15A NCAC 18A after July 1, 1993, and any establishment developing a new spring shall meet the requirements of 2 NCAC 9C .0703, except Paragraphs (a), (b) and (f) shall not apply.  2 NCAC 9C .0703, except Paragraphs (a), (b) and (f) are hereby incorporated by reference including any subsequent amendments and editions.  This material is available for inspection at the NC Department of Environment, Health, and Natural Resources, Environmental Health Services Section, 2728 Capital Blvd., Raleigh, North Carolina.  Copies may be obtained from the Environmental Health Services Section at no cost.

(c)  Springs approved pursuant to Paragraph (b) of this Rule shall not be connected to the establishment until compliance with this Section has been completed and the Department receives written certification from the owner of the establishment or a registered engineer, that the spring has been constructed in accordance with the approved plans and specifications.

 

History Note:        Authority G.S. 95‑225; 130A‑5(3); 130A‑230; 130A‑235; 130A‑236; 130A‑248; 130A‑257;

Eff. July 1, 1993;

Amended Eff. May 1, 1996.

 

 

 

15A NCAC 18A .1724       DISINFECTION OF WATER SUPPLIES

(a)  A water supply serving an establishment regulated under this Subchapter shall be disinfected upon completion of construction, maintenance, repairs, pump installation, or a report of a positive coliform sample as follows:

(1)           chlorine in sufficient quantities to produce a chlorine residual of at least 100 milligrams per liter (mg/l) shall be placed in the supply;

(2)           a chlorine solution shall be placed in the supply in such a manner as to contact any water‑contact parts and materials above the normal water level;

(3)           a chlorine solution shall stand in the supply for a period of at least 24 hours; and,

(4)           the supply shall flow to waste until no disinfectant can be measured with a test kit that measures chlorine levels.

(b)  A spring enclosure shall be disinfected upon completion of construction, maintenance, repairs, pump installation, or a report of a positive coliform sample as follows:

(1)           the interior walls of the spring enclosure shall be washed or swabbed with a chlorine solution of at least 100 milligrams per liter (mg/1) or greater of chlorine residual approved by the Department;

(2)           the disinfectant shall be poured into the spring, the service pipe shall be plugged, and water shall be  retained in the spring storage for at least 24 hours, or, disinfectant shall be fed into the spring continuously for at least 24 hours; and

(3)           the spring shall flow to waste until no disinfectant can be measured with a test kit that measures chlorine levels.

 

History Note:        Authority G.S. 95‑225; 130A‑5(3); 130A‑228; 130A‑230; 130A‑235; 130A‑236; 130A‑248; 130A‑257;

Eff. July 1, 1993.

 

 

 

15A NCAC 18A .1725       WATER QUALITY

(a)  Prior to the initial use of a water supply, or after construction, maintenance, repairs, pump installation, or a report of a positive coliform sample, two consecutive bacteriological water samples taken at least 48 hours apart shall be collected by the Department and submitted to the Division of Laboratory Services of the Department of Environment, Health, and Natural Resources or another laboratory certified pursuant to 15A NCAC 20D for analysis.  Prior to collecting the sample, the water shall be tested and shall be negative for chlorine residual.  For the purposes of this Rule, confirmation means another positive sample result following the initial positive sample unless the last positive sample was preceded by two consecutive negative samples.

(b)  The water supply shall be deemed an imminent hazard under the following circumstances:

(1)           confirmation of the presence of fecal coliform bacteria.

(2)           determination by the Environmental Epidemiology Section of the Department that the presence of chemical constituents are present at levels that constitute an imminent hazard as defined in G.S. 130A-2(3).

(c)  The water supply shall be deemed unsafe for use under the following conditions:

(1)           confirmation of the presence of total coliform.

(2)           determination by the Environmental Epidemiology Section of the Department that the presence of chemical constituents are present at levels in violation of water quality standards found in 15A NCAC 18C .1500 and do not constitute an imminent hazard as defined in G.S. 130A-2(3).

(d)  After a positive sample has been followed by two consecutive negative samples collected at least 48 hours apart, follow-up samples shall be collected by the Department at least once each quarter, while the supply is in use, for one year.  There shall be no treatment procedures between the two consecutive negative samples.

 

History Note:        Authority G.S. 95‑225; 130A‑5(3); 130A‑230; 130A‑235; 130A‑236; 130A‑248; 130A‑257;

Eff. July 1, 1993;

Amended Eff. May 1, 1996.

 

 

 

15A NCAC 18A .1726       EMERGENCY SUPPLY SYSTEMS

A water supply serving an establishment regulated under 15A NCAC 18A which is in violation of Rule .1725 of this Section may be replaced by an emergency supply system for a time period not to exceed three months provided the Public Water Supply Section determines that the emergency supply system meets all the following requirements:

(1)           The source of water used by the emergency supply shall meet the requirements of 15A NCAC 18C;

(2)           Containers, hoses, pumps, lines, or other means of conveyance used to transport the water is disinfected with a chlorine solution of at least 100 mg/l of chlorine prior to being placed into use and after each transfer of water;

(3)           A chlorine residual of no less than 0.2 mg/l of free chlorine is maintained at all times and the owner, licensee, or permittee shall maintain a log to record the level of free chlorine residual at least twice a day while the facility is in operation; and

(4)           The emergency supply system is sampled for bacteriological analysis at least every other week by the Department and at least weekly by the owner, permittee, or licensee.  All samples shall be submitted to the laboratory section of the Department or another laboratory certified by the Department for the analysis.  A copy of all sample reports collected by the owner, permittee, or licensee shall be submitted to the local health department having jurisdiction within three days of receipt of the report.

 

History Note:        Authority G.S. 95‑225; 130A‑5(3); 130A‑230; 130A‑235; 130A‑236; 130A‑248; 130A‑257;

Eff. July 1, 1993;

Amended Eff. May 1, 1996.

 

 

 

15A NCAC 18A .1727       CONTINUOUS DISINFECTION

(a)  A supply which is in violation of Rule .1725(c)(1) of this Section may be used provided that the supply shall be continuously disinfected and a chlorine residual is maintained of at least 0.2 mg/l by use of equipment designed for this purpose.  An operator shall be required for a water supply using continuous disinfection.  The operator shall hold a valid certificate issued by the N.C. Water Treatment Facility Operators Certification Board. 

(b)  The owner, operator, or permittee shall provide to the Department a statement from the operator that a supply using continuous disinfection has a minimum chlorine residual of 0.2 mg/l and a chlorine contact time of at least 20 minutes.

(c)  A disinfection device shall not be used to comply with a violation of Rule .1725 (b)(1) of this Section.

 

History Note:        Authority G.S. 95‑225; 130A‑5(3); 130A‑228; 130A‑230; 130A‑235; 130A‑236; 130A‑248; 130A‑257;

Eff. July 1, 1993.

 

 

 

15A NCAC 18A .1728       PROHIBITED SUPPLIES

(a)  A supply in violation of Rule .1725(b)(1) of this Section shall be prohibited.

(b)  Cisterns shall be prohibited.

 

History Note:        Authority G.S. 95‑225; 130A‑5(3); 130A‑228; 130A‑230; 130A‑235; 130A‑236; 130A‑248; 130A‑257;

Eff. July 1, 1993.

 

 

 

 

 

SECTION .1800 ‑ SANITATION OF LODGING PLACES

 

15A NCAC 18A .1801       DEFINITIONS

15A NCAC 18A .1802       PERMITS

15A NCAC 18A .1803       PUBLIC DISPLAY OF GRADE CARD

15A NCAC 18A .1804       INSPECTIONS

15A NCAC 18A .1805       INSPECTION FORMS

15A NCAC 18A .1806       GRADING

15A NCAC 18A .1807       APPROVED LODGING ESTABLISHMENTS

15A NCAC 18A .1808       LOBBY: HALLS: STAIRS: AND VENDING AREAS

15A NCAC 18A .1809       LAVATORIES AND BATHS

15A NCAC 18A .1810       WATER SUPPLY

15A NCAC 18A .1811       DRINKING WATER FACILITIES

15A NCAC 18A .1812       GUESTROOMS

15A NCAC 18A .1813       STORAGE AND LAUNDRY FACILITIES

15A NCAC 18A .1814       DISPOSAL OF GARBAGE AND TRASH: PREMISES

15A NCAC 18A .1815       SEVERABILITY

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. April 1, 1997; August 1, 1996; January 1, 1996; April 1, 1992; September 1, 1990; December 1, 1988; March 1, 1988; July 1, 1986; June 30, 1980; September 1, 1979;

Temporary Amendment Eff. June 22, 1998;

Temporary Amendment Expired March 12, 1999;

Temporary Amendment Eff. March 18, 1999;

Temporary Amendment Eff. January 31, 2000;

Amended Eff. November 1, 2006; September 1, 2002; April 1, 2001; August 1, 2000;

Repealed Eff. October 1, 2017.

 

15A NCAC 18A .1816       REFERENCE RULES

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. June 10, 1978;

Repealed Eff. September 1, 1990.

 

 

 

15A NCAC 18A .1817       APPEALS PROCEDURE

 

History Note:        Authority G.S. 130A‑248;

Eff. February 1, 1987;

Amended Eff. September 1, 1990;

Repealed Eff. October 1, 2017.

 

15A NCAC 18A .1818       PLAN REVIEW

 

History Note:        Authority G.S. 130A‑248;

Eff. August 1, 1990;

Amended Eff. January 1, 1996;

Repealed Eff. October 1, 2017.

 

SUBCHAPTER 18A ‑ SANITATION

 

SECTION .1800 ‑ SANITATION OF LODGING PLACES

 

15A NCAC 18A .1821       DEFINITIONS

The following definitions shall apply throughout this Section:

(1)           "Accredited Program"

(a)           "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.

(b)           "Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline, and grievance procedures; and test development and administration.

(c)           "Accredited program" does not refer to training functions or educational programs.

(2)           "Adulterated" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, 402, 21 U.S.C. 342, which is hereby incorporated by reference, including subsequent amendments and Editions and which can be accessed free of charge at https://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/html/USCODE-2010-title21-chap9-subchapIV-sec342.htm.

(3)           "Approved" means acceptable to the regulatory authority based upon a determination of conformity with principles, practices, and generally recognized standards that protect public health.

(4)           "Bed and Breakfast Home" means bed and breakfast home as defined in G.S. 130A-247(5a).

(5)           "Bed and Breakfast Inn" means bed and breakfast inn as defined in G.S. 130A-247(6).

(6)           "CFR" means Code of Federal Regulations.

(7)           "Clean" means washed and free from dirt, marks, or unwanted matter.

(8)           "Department" means the North Carolina Department of Health and Human Services.

(9)           "Employee" means the permit holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a lodging establishment.

(10)         "Equipment" means an article that is used in the operation of a lodging establishment such as a freezer, grinder, hood, ice machine, water fountain, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine.

(11)         "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

(12)         "Food-contact surface" means:

(a)           A surface of equipment or a utensil with which food normally comes into contact; or

(b)           A surface of equipment or a utensil from which food may drain, drip, or splash:

(i)            Into a food product; or

(ii)           Onto a surface normally in contact with food.

(13)         "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

(14)         "Furnishings" means furniture, fittings, window coverings, and other accessories, including decorative accessories.

(15)         "Good Repair" means equipment and utensils shall be maintained in a state of repair and condition that meets the requirements specified under Parts 4-1 and 4-2 of the Food Code as incorporated by reference in Rule 15A NCAC 18A .2650.

(16)         "Guest Rooms" means the accommodations or designated areas for persons who pay for the services of the lodging establishment, such as bedrooms, suite areas, and bathrooms.

(17)         "Handwashing sink" means a lavatory, basin, or vessel for washing, a washbasin, or a plumbing fixture placed for use in personal hygiene and designed for the washing of the hands. This includes an automatic handwashing facility.

(18)         "Kitchenware" means food preparation and storage utensils.

(19)         "Linen" means fabric items such as bedding, towels, cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

(20)         "Lodging establishment" means all hotels, motels, inns, tourist homes, and other places providing lodging accommodations for pay. Facilities described in G.S. 130A-250 (1) through (5) shall not be regulated as "lodging establishment." For the purposes of this Section, the term "lodging establishment" also includes bed and breakfast homes and bed and breakfast inns.

(21)         "mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm).

(22)         "Packaged" means bottled, canned, cartoned, bagged, or wrapped, whether packaged in a food establishment or a food processing plant.

(23)         "Permit" means the document issued by the regulatory authority that authorizes a person to operate a lodging establishment.

(24)         "Permit Holder" means:

(a)           The person in charge who resides in and owns or rents the bed and breakfast home or bed and breakfast inn.

(b)           The legal entity responsible for the operation of the lodging establishment, such as the owner, the owner's agent, or other person.

(25)         "Person" means person as defined in G.S. 130A-2(7).

(26)         "Person in charge" means the individual present at a lodging establishment who is responsible for the operation at the time of inspection.

(27)         "Physical facilities" means the structure and interior surfaces of a lodging establishment, including furnishings and accessories such as soap and towel dispensers and attachments, such as light fixtures and heating or air conditioning system vents.

(28)         "Poisonous or toxic materials" means substances that are not intended for ingestion and are included in four categories:

(a)           Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;

(b)           Pesticides, except sanitizers, which include substances such as insecticides and rodenticides;

(c)           Substances that are necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items; and

(d)           Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

(29)         "Potentially Hazardous Food" means potentially hazardous food (time/temperature control for safety food) to limit pathogenic microorganism growth or toxin formation.

(30)         "Premises" means the physical facility, its contents, and the contiguous land or property under the control of the permit holder.

(31)         "Refuse" means solid waste not carried by water through the sewage system.

(32)         "Registered Environmental Health Specialist" means an Environmental Health Specialist as defined in G.S. 90A-51(2b) who has registered in accordance with G.S. 90A-51(4).

(33)         "Regulatory Authority" means the Department or authorized agent of the Department.

(34)         "Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a 99.999% reduction, of representative disease microorganisms.

(35)         "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

(36)         "Single-use articles" means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard. It also includes utensils and bulk food containers designed and constructed to be used once and discarded, such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans.

(37)         "Tableware" means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.

(38)         "Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.

(39)         "Transitional Permit" means a permit issued by the regulatory authority upon the transfer of ownership or lease of an existing lodging establishment to allow the correction of construction and equipment problems that do not represent an immediate threat to public health.

(40)         "Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.

(41)         "Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1822       MANAGEMENT AND PERSONNEL

(a)  Bed and breakfast homes or bed and breakfast inns shall comply with Parts 2-1 through 2-4 of the Food Code as amended by Rule 15A NCAC 18A .2652, with the following exceptions:

(1)           Food preparation shall not be prohibited in a bed and breakfast home or bed and breakfast inn.

(2)           Nothing shall prohibit family style dining or return to self-service areas such as buffets in a bed and breakfast home or bed and breakfast inn.

(3)           The requirement in Section 2-102.12 of the Food Code as amended by Rule 15A NCAC 18A .2652 shall be effective one year after the effective date of this Rule.

(b)  Lodging establishment employees shall comply with the requirements of Sections 2-301.11, 2-301.12, 2-301.14, 2-301.15, 2-304.11, 2-401.11, 2-401.12, and 2-403.11 of the Food Code as amended by Rule 15A NCAC 18A .2652.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1823       FOOD

(a)  Lodging establishments that prepare and serve food shall obtain a food establishment permit unless exempted by G.S. 130A-250.

(b)  Food prepared in a bed and breakfast home or a bed and breakfast inn shall comply with Chapter 3 of the Food Code as amended by Rule 15A NCAC 18A .2653. The rules in this Section shall not prohibit family style service in bed and breakfast homes and bed and breakfast inns, and no additional protection or labeling of food shall be required during display and service in these establishments.

(c)  In lodging establishments, ice used for room service shall be manufactured from a water supply that complies with 15A NCAC 18A .1700, "Rules Governing the Sanitation of Protection of Water Supplies Rules" and 15A NCAC 18C and shall be stored and handled in a manner so as to prevent contamination. All ice machines for use by guests shall dispense ice without exposing stored ice to guests.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1824       EQUIPMENT AND UTENSILS

(a)  Food-contact surfaces shall comply with Parts 4-1 and 4-2 of the Food Code as amended by Rule 15A NCAC 18A .2654. This shall not prohibit the use of domestic equipment.

(b)  Equipment and utensils shall be kept clean and in good repair.

(c)  All kitchenware and food-contact surfaces of equipment, excluding cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils, in a bed and breakfast home or bed and breakfast inn shall be cleaned and sanitized, as required in Parts 4-6 and 4-7 of the Food Code as amended by Rule 15A NCAC 18A .2654 after each use, air dried, and stored in a manner to prevent contamination.

(d)  Cooking and baking equipment in a bed and breakfast home or bed and breakfast inn shall be cleaned no less than once each day.

(e)  Nonfood-contact surfaces of equipment shall be clean.

(f)  Sanitizers used for sanitization of kitchenware and food-contact surfaces shall be maintained as required in Part 4-5 of the Food Code as amended by Rule 15A NCAC 18A .2564.

(g)  Nothing in this Rule shall require sanitization as exempted in guest rooms per G.S. 130A-248(a3)(3).

(h)  Sinks in guest rooms shall be sanitized before washing multi-use utensils.

(i)  Single-use articles may be used if discarded after each use. Single-use articles must be stored and handled to prevent contamination.

(j)  A food temperature measuring device with a small diameter probe shall be provided and accessible for use by employees in ensuring attainment and maintenance of food temperatures.

(k)  A test kit or other device that measures the concentration in mg/L of sanitizing solutions shall be

provided by the lodging establishment.

(l)  Equipment for preparing coffee and tea shall be kept clean, but is exempt from sanitization required by Paragraph (c) of this Rule.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1825       WATER, PLUMBING, AND WASTE

(a)  Water, plumbing, and waste shall comply with Chapter 5 of the Food Code as amended by Rule 15A NCAC 18A .2655. The requirements of Sections 5-202.12, 5-203.11, 5-203.12, 5-203.13, 5-204.11, and 5-205.11 of the Food Code as amended by Rule 15A NCAC 18A .2655 shall be effective one year after the effective date of this Rule.

(b)  Bed and Breakfast Homes that are permitted prior to April 2017 and only serve the breakfast meal shall not be required to provide a separate handwashing sink in the kitchen.

(c)  A handwashing sink, located to allow use by employees handling clean and soiled linen, shall be provided. This requirement shall be effective one year after the effective date of this Rule. Facilities that do not have handwashing sinks in soiled linen areas shall not be required to install additional lavatories if a hand hygiene program, approved by the regulatory authority, is used.

(d)  Baths, handwashing sinks, and toilets shall be provided for each guest room or unit in lodging establishments constructed on or after December 1, 1988.

(e)  All refuse shall be collected and stored in covered receptacles. Refuse receptacles shall be kept clean and in good repair.

(f)  Where dumpsters are used, a contract for off-site cleaning shall constitute compliance with Paragraph (e) of this rule.

(g)  Refuse shall be removed from the premises at a frequency that will prevent the development of odors and other conditions that attract or harbor insects and rodents.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1826       PHYSICAL FACILITIES

(a)  Handwashing sinks as required in Rule .1825 in this Section shall be supplied with hand soap, and either individual, disposable towels; a continuous towel system that supplies the user with a clean towel; a heated-air hand drying device; or a hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures. Handwashing sinks in guest rooms shall be supplied with soap and clean towels.

(b)  Toilets or urinals shall be provided as in Rule .1825 of this Section and shall have a supply of toilet tissues available at each toilet.

(c)  Sinks, vanities, toilets, and showers in guest rooms shall be cleaned and sanitized between guests.

(d)  The light intensity shall be minimum 215 lux/20 foot candles at a distance of 75 cm/30 inches above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms.

(e)  Where natural ventilation only is provided, outside openings shall be screened and in good repair. Windows and doors shall be kept clean and in good repair.

(f)  Physical facilities shall be kept clean and in good repair.

(g)  Perimeter walls and roofs shall protect the lodging establishment from the weather and the entry of insects, rodents, and other pests.

(h)  Furnishings, bathroom fixtures, carpets, and other accessories in guest rooms, shall be kept clean and in good repair.

(i)  The premises and guest rooms shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the premises by: inspecting incoming shipments of food and supplies; inspecting the premises for evidence of pests; and eliminating harborage conditions.

(j)  Live animals shall be prohibited from entering areas of food preparation, storage, sales, display, or dining. This excludes service animals accompanying persons with disabilities in areas that are not used for food preparation.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1827       PREMISES, STORAGE, POISONOUS OR TOXIC MATERIALS

(a)  There shall be no fly or mosquito breeding places, rodent harborages, or undrained areas on the premises. The premises shall free of litter and items unnecessary to the operation or maintenance of the lodging establishment, such as equipment that is nonfunctional or no longer used.

(b)  Only pesticides that have been registered with the EPA and with the N.C. Department of Agriculture and Consumer Services shall be used and only for the specific use for which they have been approved. Such pesticides shall be used as directed on the label and shall be handled and stored to avoid health hazards. Pesticides shall not be accessible to guests.

(c)  Household cleaning agents such as bleaches, detergents, and polishes shall be used and stored according to manufacturer's recommendations.

(d)  Sanitizing solutions shall not be stored in or dispensed from containers previously containing other poisonous or toxic materials.

(e)  Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements specified in "40 CFR 180.940," tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions). 40 CFR 180.940 is hereby incorporated by reference, including all subsequent editions and amendments, and can be accessed free of charge at https://www.gpo.gov/fdsys/granule/CFR-2012-title40-vol25/CFR-2012-title40-vol25-sec180-940.

(f)  Medications under the control of the permit holder shall be stored in a manner to avoid contamination of food and food contact surfaces.

(g)  A storage area shall be provided for building and ground maintenance tools and supplies and stored in a manner to avoid contamination of food and food contact surfaces, linen, and single-use articles.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1828       LAUNDRY AND LINENS

(a)  Except as specified in Paragraph (b) of this Rule, clean bed and bath linen in good repair shall be provided for each guest who is provided accommodations and shall be changed between successive guests. Two sheets shall be provided for each bed. The lower sheet shall be folded under both ends of the mattress. The upper sheet shall be folded under the mattress at the lower end.

(b)  If bed covers are not cleaned between successive guests, the upper sheet shall be folded under the mattress at the lower end and folded over the bed cover minimum six inches at the top end.

(c)  Clean linen and supplies shall be stored in cabinets, or on shelves in linen and supply storage rooms. Cabinets, shelves, and storage rooms shall be in good repair and kept clean.

(d)  Items on housekeeping carts shall be arranged in a manner to prevent cross-contamination between soiled and cleaned items. Housekeeping carts shall be kept clean and stored to protect items from contamination.

(e)  Soiled laundry shall be handled and stored separately from clean laundry using separate cleanable carts or bags. Carts used for soiled laundry shall be labeled or identified for soiled laundry use only.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1829       PERMITS

(a)  No permit for a lodging establishment shall be issued to a person until an application is submitted in accordance with Rule .1833 and an evaluation by the regulatory authority shows that the establishment complies with this Section. However, for bed and breakfast homes and inns, the regulatory authority shall allow a period of 210 days after the date of issuance of the permit to comply with the certified food protection manager requirements in Rule .1822 of this Section.

(b)  Upon transfer of ownership of an existing lodging establishment, the regulatory authority shall complete an evaluation. If the lodging establishment satisfies all the requirements of the rules, a permit shall be issued. If the lodging establishment does not satisfy all the requirements of the rules, a permit shall not be issued. A transitional permit shall be issued if the regulatory authority determines that the noncompliant items are construction or equipment problems that do not represent an immediate threat to public health. The transitional permit shall expire 180 days after the date of issuance, unless suspended or revoked before that date, and shall not be renewed. Upon expiration of a transitional permit, the permit holder shall have corrected the noncompliant items and obtained a permit, or the lodging establishment shall not continue to operate.

(c)  The regulatory authority shall impose conditions on the issuance of a permit or a transitional permit if necessary to ensure that a lodging establishment remains in compliance with this Section. Conditions may be specified for one or more of the following areas:

(1)           The number of bedrooms or persons housed;

(2)           The amount of laundry or kitchen and warewashing equipment on the premises;

(3)           Time schedules in completing minor construction items;

(4)           Modification or maintenance of water supplies, water use fixtures, and sanitary sewage systems;

(5)           Use of facilities for more than one purpose;

(6)           Continuation of contractual arrangements upon which basis the permit was issued; or

(7)           Any other conditions necessary for a lodging place to remain in compliance with this Section.

(d)  If a permit or transitional permit has been suspended, the suspension shall be lifted if the regulatory authority has evaluated the lodging establishment and found that the violations causing the suspension have been corrected. If a permit or transitional permit has been revoked, a new permit shall be issued only after a request is made by the permit holder and the regulatory authority has evaluated the lodging establishment and found it to comply with the rules of this Section. The evaluations shall be conducted within 15 days after the request is made by the permit holder.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1830       PUBLIC DISPLAY OF GRADE CARD

(a)  Upon initial inspection of a lodging establishment or if a renovation or other change in the establishment makes the grade card not visible, the regulatory authority shall designate the location for posting the grade card. The grade card shall be located in a conspicuous place where it may be readily observed by the public upon entering the lodging establishment. If the person in charge of the lodging establishment objects to the location designated by the regulatory authority, the grade card may be posted in another location that meets the criteria of this Rule if agreed upon by the person in charge and the regulatory authority.

(b)  When an inspection of a lodging establishment is made, the regulatory authority shall remove the existing grade card, issue a new grade card, and post the new grade card in the same location where the grade card was previously posted as long as that location remains conspicuous. The person in charge of the lodging establishment shall keep the grade card posted at the designated location at all times. The grade card may be posted in another location that meets the criteria of this Rule if agreed upon by the person in charge and the regulatory authority.

(c)  The grade card issued by the Department shall be posted. The posted grade card shall be black on a white background. The alphabetical and numerical rating shall be 1.5 inches in height.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248; 130A-249;

Eff. October 1, 2017.

 

15A NCAC 18A .1831       INSPECTIONS AND REINSPECTIONS

(a)  Upon entry into a lodging establishment, the regulatory authority shall provide identification and the purpose in visiting that establishment. The regulatory authority shall inquire as to the identity of the person in charge and invite the person in charge to accompany the regulatory authority during the inspection. If no employee is identified as the person in charge, the regulatory authority shall invite an employee to accompany them on the inspection. Following the inspection, the regulatory authority shall offer to review the results of the inspection with the person in charge or employee, as applicable.

(b)  The grading of lodging establishments shall be conducted using an inspection form furnished by the regulatory authority. The form shall provide the following information:

(1)           The name and mailing address of the lodging establishment;

(2)           The name of the permit holder;

(3)           The permit status and score given;

(4)           Standards of construction and operation as listed in Rules .1821 through .1834 of this Section;

(5)           An explanation for all points deducted;

(6)           The signature of the regulatory authority; and

(7)           The date.

(c)  The grading of lodging establishments shall be based on the standards of operation and construction as set forth in Rules .1821 through .1834 of this Section.

(d)  The Inspection of Lodging Establishment form shall be used to document points assessed for violation of the rules of this Section as follows:

(1)           Violation of Part 2-1 of the Food Code incorporated by reference in Rule .1822 of this Section related to person in charge present, certification by accredited program or performs duties shall equal no more than 2 points.

(2)           Violation of Part 2-1 of the Food Code incorporated by reference in Rule .1822 of this Section related to management awareness, policy present, and allergy awareness shall equal no more than 2 points.

(3)           Violation of Part 2-2 of the Food Code incorporated by reference in Rule.1822 of this Section related to use of reporting, restriction, and exclusion shall equal no more than 2 points.

(4)           Violation of Part 2-4 or Chapter 3 of the Food Code incorporated by reference in Rules .1822 and .1823 of this Section related to eating, tasting, drinking, or tobacco use shall equal no more than 1 point.

(5)           Violation of Parts 2-3 through 2-4 of the Food Code incorporated by reference in Rule .1822 of this Section related to personal cleanliness and hair restraints shall equal no more than 1 point.

(6)           Violation of Part 2-3 or Chapter 3 of the Food Code incorporated by reference in Rules .1822 and .1823 of this Section related to hands clean shall equal no more than 4 points.

(7)           Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to food obtained from approved source, good condition, safe, and unadulterated shall equal no more than 3 points.

(8)           Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to food separated and protected from contamination shall equal no more than 3 points.

(9)           Violation of Rule .1823 or Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to food protected from environmental or other sources of contamination, including proper dispensing of ice, shall equal no more than 3 points.

(10)         Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to cooking/reheating temperatures shall equal no more than 3 points.

(11)         Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to proper cooling and approved methods shall equal no more than 3 points.

(12)         Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to cold/hot holding temperatures shall equal no more than 3 points.

(13)         Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to date marking shall equal no more than 3 points.

(14)         Violation of Rule .1824 or Parts 4-1 through 4-2 of the Food Code incorporated by reference in Rule .1824 of this Section related to equipment, food and nonfood-contact surfaces approved, cleanable, properly designed, constructed and used shall equal no more than 1 point.

(15)         Violation of Rule .1824 of this Section related to utensils, equipment properly stored, dried and handled shall equal no more than 1 point.

(16)         Violation of Rule .1824 or Part 4-6 of the Food Code incorporated by reference in Rule .1824 of this Section related to warewashing facilities installed, maintained and used shall equal no more than 2 points.

(17)         Violation of Rule 1824 or Parts 4-5 through 4-7 of the Food Code incorporated by reference in Rule .1824 of this Section or of Rule .1827 of this Section related to food-contact surfaces cleaned and sanitized where required and sanitizers maintained as required shall equal no more than 3 points.

(18)         Violation of Rule .1824 of this Section related to cooking surfaces of equipment and nonfood-contact surfaces clean shall equal no more than 1 point.

(19)         Violation of Rule .1824 of this Section related to single-use articles properly stored and used shall equal no more than 1 point.

(20)         Violation of Rule 1824 of this Section related to temperature measuring devices and sanitizer test kits provided shall equal no more than 2 points.

(21)         Violation of Rule .1825 or Chapter 5 of the Food Code incorporated by reference in Rule .1825 or .1826 of this Section related to handwashing sinks supplied and accessible and toilet tissue supplied shall equal no more than 2 points.

(22)         Violation of Rule .1823 of this Section or Chapter 5 of the Food Code incorporated by reference in Rule .1825 of this Section related to water from approved source, backflow prevention, plumbing in good repair shall equal no more than 4 points.

(23)         Violation of Chapter 5 of the Food Code incorporated by reference in Rule .1825 of this Section related to service sink or other approved method and mop storage shall equal no more than 2 points.

(24)         Violation of Chapter 5 of the Food Code incorporated by reference in Rule .1825 of this Section related to sewage and waste water disposal shall equal no more than 4 points.

(25)         Violation of Rule .1826 of this Section related to natural ventilation and lighting requirements shall equal no more than 2 points.

(26)         Violation of Rule .1826 of this Section related to furnishings clean and in good repair and guest room bathroom fixtures clean and sanitized between guests shall equal no more than 4 points.

(27)         Violation of Rule .1826 of this Section related to physical facilities installed, maintained and clean shall equal no more than 4 points.

(28)         Violation of Rule .1826 of this Section related to insects and rodents present shall equal no more than 4 points.

(29)         Violation of Rule .1828 of this Section related to linens changed as required shall equal no more than 3 points.

(30)         Violation of Rule .1828 of this Section related to linen clean and in good repair shall equal no more than 4 points.

(31)         Violation of Rule .1828 of this Section related to linen properly handled and stored shall equal no more than 3 points.

(32)         Violation of Rule .1828 of this Section related to housekeeping carts shall equal no more than 4 points.

(33)         Violation of Rule .1825 or Chapter 5 of the Food Code incorporated by reference in Rule .1825 of this Section or of Rule .1827 of this Section related to garbage and refuse disposal and facilities maintained shall equal no more than 2 points.

(34)         Violation of Rule .1826 or .1827 of this Section related to premises maintained to prevent breeding and harborages shall equal no more than 3 points.

(35)         Violation of Rule .1827 of this Section related to storage areas maintained clean, provided for maintenance equipment shall equal no more than 3 points.

(36)         Violation of Rule .1827 of this Section related to approved pesticide use shall equal no more than 3 points.

(37)         Violation of Rule .1827 of this Section related to household cleaning agents, sanitizers, and medicines properly stored and handled shall equal no more than 3 points.

(38)         Violation of Rule .1827 of this Section related to premises kept neat and clean shall equal no more than 2 points.

(e)  Upon request of the permit holder or his or her representative a reinspection shall be made. In the case of establishments that request an inspection for the purpose of raising the alphabetical grade, and that hold unrevoked permits, the regulatory authority shall make an unannounced inspection within 15 days from the date of the request.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248; 130A-249;

Eff. October 1, 2017.

 

15A NCAC 18A .1832       GRADING

(a)  The grading of lodging establishments shall be based on a system of scoring. A lodging establishment that earns a score of:

(1)           90 percent or more shall receive a grade A;

(2)           80 percent and less than 90 percent shall receive a grade B;

(3)           70 percent and less than 80 percent shall receive a grade C.

(b)  Permits shall be immediately revoked in accordance with G.S. 130A-23(d) for lodging establishments receiving a score of less than 70 percent.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-4; 130A-6; 130A-248; 130A-249;

Eff. October 1, 2017.

 

15A NCAC 18A .1833       APPLICATION AND PLAN REVIEW

(a)  Plans drawn to scale for new lodging establishments shall be submitted for review and approval to the local health department prior to initiating construction, or prior to construction of additions or renovations, excluding cosmetic or nonstructural changes to existing lodging establishments.

(b)  An applicant shall submit an application for a permit or transitional permit at least 30 days before the date planned for opening the lodging establishment. The applicant shall submit to the regulatory authority a written application for a permit on a form provided by the regulatory authority.

(c)  The application form shall include:

(1)           The name, mailing address, telephone number, and signature of the person applying for the permit and the name, mailing address, and location of the lodging establishment;

(2)           Information specifying whether the lodging establishment is owned by an association, corporation, individual, partnership, or other legal entity;

(3)           The name, title, address, and telephone number of the person in charge responsible for the lodging establishment;

(4)           A statement specifying the number of guest rooms or units and whether the lodging establishment is an operation that includes one or more of the following:

(A)          Prepares, or serves potentially hazardous food (time/temperature control for safety food) for guests;

(B)          Prepares only food that is not potentially hazardous (time/temperature control for safety food) for guests;

(C)          Does not prepare, but serves only prepackaged food that is not potentially hazardous (time/temperature control for safety food) for guests;

(5)           Number and type of meals served, and the menu;

(6)           Source of water supply and wastewater disposal; and

(7)           A statement signed by the applicant that attests to the accuracy of the information provided in the application.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248;

Eff. October 1, 2017.

 

15A NCAC 18A .1834       INFORMAL REVIEW PROCESS

(a)  If a permit holder disagrees with a decision of the local health department on the enforcement of the rules of this Section the permit holder may request an informal review in accordance with Paragraphs (b) and (c) of this Rule.

(b)  If the permit holder requests an informal review, the request shall be in writing and shall be postmarked or hand delivered to the local health department within seven days of notice of the decision giving rise to the review. The request shall state the issues in dispute. The informal review shall be conducted by a Registered Environmental Health Specialist authorized as an agent of the Department. If the inspection giving rise to the informal review was conducted by the Environmental Health Supervisor in the county or area where the lodging establishment is located, or when the county or area has only one Registered Environmental Health Specialist assigned to inspect lodging establishments, the Departmental Environmental Health Regional Specialist assigned to that county or area shall conduct the local informal review. As soon as possible, but no later than 30 days of receipt of the request, the person conducting the review shall:

(1)           Contact the permit holder;

(2)           Provide that permit holder an opportunity to be heard on the issues in dispute; and

(3)           Issue a written decision addressing the issues raised in the informal review.

Copies of the decision shall be delivered by the local health department to the permit holder and to the State Health Director. That decision shall be followed by the Department for the purposes of future inspections of the establishment in question unless modified pursuant to Paragraph (c) of this Rule.

(c)  Following receipt of the written decision issued pursuant to Paragraph (b) of this Rule, the permit holder who initiated the informal review may request a State informal review of the resulting decision to an Informal Review Officer employed by and designated by the Department as responsible for final decisions on requests for State informal review from throughout the State. Notice of the request for State informal review shall be in writing, shall include a copy of the Environmental Health Supervisor's or his or her representative's decision, and shall be postmarked or hand-delivered to the local health department and to the Department within seven days of receipt of the written decision issued pursuant to Paragraph (b) of this Rule. Within 35 days of receipt of this request for State informal review, the designated Informal Review Officer shall hold a conference in Wake County. At least 10 days prior to the conference, the Informal Review Officer shall provide notice of the time and place of this conference to the permit holder and the Environmental Health Supervisor for the county or area where the issue arose. Within 10 days following the date of the conference, the Informal Review Officer shall issue a written decision addressing the issues raised in the State informal review and that decision shall be followed by the Department for purposes of future inspections of the establishment in question.

(d)  If the informal review results in a change in the score resulting from an inspection of the establishment, the regulatory authority shall post a new grade card reflecting that new score.

(e)  Nothing in this Rule shall impact the right of a permit holder to a reinspection pursuant to Rule .1831 of this Section.

(f)  Nothing in this Rule shall prohibit the permit holder from seeking remedies as set forth under G.S. 150B.

 

History Note:        Authority G.S. 130A-4; 130A-6; 130A-248; 248-249;

Eff. October 1, 2017.

 

SECTION .1900 ‑ SEWAGE TREATMENT AND DISPOSAL SYSTEMS

 

Rules .1901 ‑ .1968 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .1901 ‑ .1968); has been transferred and recodified from Rules .1901 ‑ .1968 of Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .1901 ‑ .1968), effective April 4, 1990.

 

15A NCAC 18A .1901       PURPOSE

15A NCAC 18A .1902       PROPER DISPOSAL

15A NCAC 18A .1903       DEFINITIONS

15A NCAC 18A .1904       SEWAGE DISPOSAL REQUIREMENTS

15A NCAC 18A .1905       PRIVY AND SEPTIC TANK CONSTRUCTION

15A NCAC 18A .1906       PREFABRICATED TANKS

15A NCAC 18A .1907       MINIMUM STANDARDS FOR PREFABRICATED SEPTIC TANKS

15A NCAC 18A .1908       SITE EVALUATION

15A NCAC 18A .1909       APPLICATION RATES

15A NCAC 18A .1910       SITE CLASSIFICATION

15A NCAC 18A .1911       SPACE REQUIREMENTS

15A NCAC 18A .1912       LOCATION OF SEPTIC TANK SYSTEMS AND PRIVIES

15A NCAC 18A .1913       MAINTENANCE OF PRIVIES

15A NCAC 18A .1914       MAINTENANCE OF SEPTIC TANK SYSTEMS

15A NCAC 18A .1915       PERMITS

15A NCAC 18A .1916       RESPONSIBILITIES

15A NCAC 18A .1917       TECHNICAL GUIDE

15A NCAC 18A .1918       SITE FACTORS

15A NCAC 18A .1919       TOPOGRAPHY

15A NCAC 18A .1920       SOIL CHARACTERISTICS

15A NCAC 18A .1921       PERCOLATION TESTS

15A NCAC 18A .1922       DETERMINATION OF SOIL SUITABILITY

15A NCAC 18A .1923       AVAILABLE SPACE

15A NCAC 18A .1924       OTHER APPLICABLE FACTORS

15A NCAC 18A .1925       ESTIMATES OF SEWAGE QUANTITIES

15A NCAC 18A .1926       POSSIBLE MODIFICATIONS OF INITIAL CLASSIFICATIONS

15A NCAC 18A .1927       INTERPRETATION AND TECHNICAL ASSISTANCE

15A NCAC 18A .1928       APPLICABILITY OF RULES

15A NCAC 18A .1929       EXEMPTION

15A NCAC 18A .1930       DISUSE OF SEWAGE SYSTEM

15A NCAC 18A .1931       VIOLATIONS

15A NCAC 18A .1932       CONFLICTING RULES REPEALED

15A NCAC 18A .1933       SEVERABILITY

 

History Note:        Authority G.S. 130‑160; 166.23 through 166.28;

Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 1982; March 31, 1981; June 30, 1980;

Repealed Eff. July 1, 1982.

 

15A NCAC 18A .1934       SCOPE

The rules contained in this Section shall govern the treatment and disposal of domestic type sewage from septic tank systems, privies, incinerating toilets, mechanical toilets, composting toilets, recycling toilets, or other such systems serving single or multiple‑family residences, places of business, or places of public assembly, the effluent from which is designed not to discharge to the land surface or surface waters.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. December 1, 1990.

 

 

 

15A NCAC 18A .1935       DEFINITIONS

The following definitions shall apply throughout this Section:

(1)           "Alluvial Soils" means stratified soils without distinct horizons, deposited by flood waters.

(2)           "Alternative System" means any approved ground absorption sewage treatment and disposal system other than an approved privy or an approved septic tank system.

(3)           "Approved" means that which the State or local health department has determined is in accordance with this Section and G.S. 130A, Article 11.

(4)           "Approved Privy" means a fly‑tight structure consisting of a pit, floor slab, and seat riser constructed in accordance with Rule .1959 of this Section.

(5)           "Areas subject to frequent flooding" means those areas inundated at a 10‑year or less frequency and includes alluvial soils and areas subject to tidal or storm overwash.

(6)           "Certified Operator" means a person authorized to operate a wastewater system in accordance with G.S. 90A, Article 3 and applicable rules of the Water Pollution Control System Operators Certification Commission.

(7)           "Collection sewer" means gravity flow pipelines, force mains, effluent supply lines, and appliances appurtenant thereto, used for conducting wastes from building drains to a treatment system or to a ground absorption sewage treatment and disposal system.

(8)           "Designated wetland" means an area on the land surface established under the provisions of the Coastal Area Management Act or the Federal Clean Water Act.

(9)           "Design unit" means one or more dwelling units, places of business, or places of public assembly on:

(a)           a single lot or tract of land;

(b)           multiple lots or tracts of land served by a common ground absorption sewage treatment  and disposal system; or

(c)           a single lot or tract of land or multiple lots or tracts of land where the dwelling units, places of business or places of public assembly are under multiple ownership (e.g. condominiums) and are served by a ground absorption system or multiple ground absorption systems which are under common or joint ownership or control.

(10)         "Dwelling unit" means any room or group of rooms located within a structure and forming a single, habitable unit with facilities which are used or intended to be used for living, sleeping, bathing, toilet usage, cooking, and eating.

(11)         "Effluent" means the liquid discharge of a septic tank or other sewage treatment device.

(12)         "Estimated saturated hydraulic conductivity" - means a saturated hydraulic conductivity value based upon the soil profile evaluation and description of the soil texture, soil structure, soil consistency, soil pores, and roots following the procedures in Field Book for Describing and Sampling of Soils, NRCS, USDA and comparison to soil profile saturated hydraulic conductivity data for soil input files for similar soils.  The Field Book is hereby incorporated by reference, including any subsequent amendments and editions, in accordance with G.S. 150B-21.6. Copies of the Field Book may be inspected at the Division of Environmental Health Raleigh Office, 2728 Capital Boulevard, Raleigh, 27604, and copies may be downloaded at no cost from the internet at http://soils.usda.gov/procedures/field_bk/main.htm#intro, or obtained from the National Soil Survey Center, MS 34, Room 152,100 Centennial Mall North, Lincoln, NE  68508-3866.

(13)         "Gravity distribution" means an approved drainfield utilizing gravity and not pressure to distribute effluent from the inlet to the distal end of each nitrification line.

(14)         "Ground absorption sewage treatment and disposal system" means a system that utilizes the soil for the subsurface disposal of partially treated or treated sewage effluent.

(15)         "Horizon" means a layer of soil, approximately parallel to the surface, that has distinct characteristics produced by soil forming processes.

(16)         "Horizon subdivision" - means a portion of a horizon, approximately parallel to the surface that has distinct characteristics produced by soil forming processes.

(17)         "Lateral water movement" - means the movement of water down slope on sites of at least a four percent slope and  above a less permeable horizon, and as observed periodically in bore holes, excavations, or monitoring wells.

(18)         "Long Term Acceptance Rate (LTAR)" means the rate of wastewater effluent absorption by the soil in a ground absorption system after long-term use.  The LTAR, in units of gallons per day per square foot (gpd/ft2), is assigned based upon soil textural class and system type, and is used to determine the required length of nitrification trenches and size of drainfield area when designing a ground absorption system, pursuant to applicable rules of this Section.

(19)         "Local health department" means any county, district, or other health department authorized to be organized under the General Statutes of North Carolina.

(20)         "Matrix" - means a volume equivalent to 50 percent or greater of the total volume of a horizon or horizon subdivision.

(21)         "Mean high water mark" means, for coastal waters having six inches or more lunar tidal influence, the average height of the high water over a 19 year period as may be ascertained from National Ocean Survey or U.S. Army Corps of Engineers tide stations data or as otherwise determined under the provisions of the Coastal Area Management Act.

(22)         "Mottle" - means a feature(s) which occupies less than 50 percent of the total volume of a horizon or horizon subdivision.

(23)         “NEMA 4X” means an enclosure for an electrical control panel or junction box that meets standards for protection of equipment due to the ingress of water (including rain and hose-directed water) and an additional level of protection again corrosion, as set forth in Standard 250 of the National Electrical Manufacturers Association.  NEMA Standard 250 is hereby incorporated by reference, including any subsequent amendments and editions.  Copies  may be inspected at the On-Site Wastewater Section Central Office, located at 2728 Capital Blvd., Raleigh, NC in the Parker Lincoln Building, and copies may be downloaded from the internet at http://www.nema.org/stds/250.cfm, or obtained from HIS/Global, 15 Inverness Way East, Englewood, CO 80112, at a cost of sixty-one dollars ($61.00).

(24)         "NSF-40 Systems" means individual residential wastewater treatment systems (RWTS) that are approved and listed in accordance with the standards adopted by NSF International for Class I residential wastewater treatment systems under NSF/ANSI Standard 40, and approved for use pursuant to G.S. 130A-342 and the rules in this Section.

(25)         "Naturally occurring soil" means soil formed in place due to natural weathering processes and being unaltered by filling, removal, or other man‑induced changes other than tillage.

(26)         "Nitrification field" means the area in which the nitrification lines are located.

(27)         "Nitrification lines" means approved pipe, specially designed porous blocks, or other approved materials which receive partially treated sewage effluent for distribution and absorption into the soil beneath the ground surface.

(28)         "Nitrification trench," also referred to as a sewage absorption trench, means a ditch into which a single nitrification line is laid and covered by soil.

(29)         "Non‑ground absorption sewage treatment system" means a system for waste treatment designed not to discharge to the soil, land surface, or surface waters, including approved vault privies, incinerating toilets, mechanical toilets, composting toilets, chemical toilets, and recycling systems.

(30)         "Operator in Responsible Charge ('ORC')" means the individual designated by the person owning or controlling the system as the certified operator of record of the system who has primary responsibility for the operation of such system as defined in G.S. 90A-46 and applicable rules of the Water Pollution Control System Operators Certification Commission.

(31)         "Organic soils" means those organic mucks and peats consisting of more than 20 percent organic matter (by dry weight) and 18 inches or greater in thickness.

(32)         "Parent material" means the mineral matter that is in its present position through deposition by water, wind, gravity or by decomposition of rock and exposed at the land surface or overlain by soil or saprolite.

(33)         "Ped" means a unit of soil structure, such as an aggregate, crumb, prism, block, or granule formed by natural processes.

(34)         "Perched water table" means a saturated soil horizon or horizon subdivision, with a free water surface periodically observed in a bore hole or shallow monitoring well, but generally above the normal water table, or may be as identified by drainage mottles or redoximorphic features, and caused by a  less permeable lower horizon.

(35)         "Person" means any individual, firm, association, organization, partnership, business trust, corporation, company, or unit of local government.

(36)         "Place of business" means any store, warehouse, manufacturing establishment, place of amusement or recreation, service station, foodhandling establishment, or any other place where people work or are served.

(37)         "Place of public assembly" means any fairground, auditorium, stadium, church, campground, theater, school, or any other place where people gather or congregate.

(38)         "Pressure Dispersal" means an approved system utilizing an effluent pump or siphon to distribute effluent uniformly to each nitrification line and along each nitrification line in the drainfield through a pressurized pipe network.

(39)         "Privy building" means and includes any and all buildings which are used for privacy in the acts of urination and defecation which are constructed over pit privies and are not connected to a ground absorption sewage treatment and disposal system or a public or community sewage system.

(40)         "Public management entity" means a city (G.S. 160A, Article 16), county (G.S. 153A, Article 15), interlocal contract (G.S. 153A, Article 16), joint management agency (G.S. 160A‑461 ‑462), county service district (G.S. 153A, Article 16), county water and sewer district (G.S. 162A, Article 6), sanitary district (G.S. 130A, Article 2), water and sewer authority (G.S. 162A, Article 1), metropolitan water district (G.S. 162A, Article 4), metropolitan sewerage district (G.S. 162A, Article 5), public utility [G.S. 62‑3(23)], county or district health department (G.S. 130A, Article 2), or other public entity legally authorized to operate and maintain on‑site sewage systems.

(41)         "Redoximorphic features" - means a color pattern of a horizon or horizon subdivision due to a loss (depletion) or gain (concentration) of pigment compared to the matrix color, formed by oxidation/reduction of iron (Fe) coupled with its removal, translocation, or accrual; or a soil matrix color controlled by the presence of Fe+2 (see Field Book for Describing and Sampling of Soils, NRCS, USDA which is hereby incorporated by reference, including any subsequent amendments and editions, in accordance with G.S. 150B-21.6).

(42)         "Relocation" means the displacement of a residence, place of business, or place of public assembly from one location to another.

(43)         "Repair area" means an area, either in its natural state or which is capable of being modified, consistent with the rules in this Section, which is reserved for the installation of additional nitrification fields and is not covered with structures or impervious materials.

(44)         "Residence" means any home, hotel, motel, summer camp, labor work camp, mobile home, dwelling unit in a multiple‑family structure, or any other place where people reside.

(45)         "Residential Wastewater Treatment Systems (RWTS)" means approved individual advanced pretreatment systems which are covered under standards of NSF International, in accordance with G.S. 130A-342 and applicable rules in this Section.

(46)         "Restrictive horizon" means a soil horizon that is capable of perching ground water or sewage effluent and that is brittle and strongly compacted or strongly cemented with iron, aluminum, silica, organic matter, or other compounds.  Restrictive horizons may occur as fragipans, iron pans or organic pans, and are recognized by their resistance in excavation or in using a soil auger.

(47)         "Rock" means the body of consolidated or partially consolidated material composed of minerals at or below the land surface.  Rock includes bedrock and partially weathered rock that is hard and cannot be dug with hand tools.  The upper boundary of rock is "saprolite," "soil," or the land surface.

(48)         "Sanitary system of sewage treatment and disposal" means a complete system of sewage collection, treatment and disposal, including approved privies, septic tank systems, connection to public or community sewage systems, incinerators, mechanical toilets, composting toilets, recycling toilets, mechanical aeration systems, or other such systems.

(49)         "Saprolite" means the body of porous material formed in place by weathering of igneous or metamorphic rocks.  Saprolite has a massive, rock-controlled structure, and retains the fabric (arrangement of minerals) of its parent rock in at least 50 percent of its volume.   Saprolite can be dug with hand tools.  The lower limit of saprolite is "rock" and its upper limit is "soil" or the land surface.  The term "saprolite" does not include sedimentary parent materials.

(50)         "Saturated soils" - means a horizon or horizon subdivision with a free water surface at the corresponding depth and observed in a bore hole or monitoring well.

(51)         "Septic tank" means a water‑tight, covered receptacle designed for primary treatment of sewage and constructed to:

(a)           receive the discharge of sewage from a building;

(b)           separate settleable and floating solids from the liquid;

(c)           digest organic matter by anaerobic bacterial action;

(d)           store digested solids through a period of detention; and

(e)           allow clarified liquids to discharge for additional treatment and final disposal.

(52)         "Septic tank system" means a subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field.

(53)         "Sewage" means the liquid and solid human waste and liquid waste generated by water‑using fixtures and appliances, including those associated with food handling.  The term does not include industrial process wastewater or sewage that is combined with industrial process wastewater.

(54)         "Site" means the area in which the sewage treatment and disposal system is to be located and the area required to accommodate repairs and replacement of nitrification field and permit proper functioning of the system.

(55)         "Soil" means the naturally occurring body of porous mineral and organic materials on the land surface. Soil is composed of sand-, silt-, and clay-sized particles that are mixed with varying amounts of larger fragments and some organic material.  Soil contains less than 50 percent of its volume as rock, saprolite, or coarse-earth fraction (mineral particles greater than 2.0 millimeters).  The upper limit of the soil is the land surface, and its lower limit is "rock," "saprolite," or other parent materials.

(56)         "Soil series" - means an official series name established by NRCS, USDA and confirmed to be present on the site by detailed on-site soil profile descriptions and taxonomic classification, and not necessarily the soil series mapped on the county soil survey.

(57)         "Soil structure" means the arrangement of primary soil particles into compound particles, peds, or clusters that are separated by natural planes of weakness from adjoining aggregates.

(58)         "Soil textural classes" means soil classification based upon size distribution of mineral particles in the fine‑earth fraction less than two millimeters in diameter.  The fine‑earth fraction includes sand (2.0 ‑ 0.05 mm in size), silt (less than 0.05 mm ‑ 0.002 mm or greater in size), and clay (less than 0.002 mm in size) particles.  The specific textural classes are defined as follows and as shown in the Field Book for Describing and Sampling Soils, NRCS, USDA.  The Field Book is hereby incorporated by reference, including any subsequent amendments and editions.  Copies of the Field Book may be inspected at the On-Site Wastewater Section Central Office, located at 2728 Capital Blvd., Raleigh, NC in the Parker Lincoln Building, and copies may be downloaded at no cost from the internet at http://soils.usda.gov/technical/fieldbook, or obtained from the US Government Printing office at http://bookstore.gpo.gov/ at a cost of twenty-four dollars ($24.00).

(a)           "Sand" means soil material that contains 85 percent or more of sand; the percentage of silt plus 1.5 times the percentage of clay shall not exceed 15.

(b)           "Loamy sand" means soil material that contains at the upper limit 85 to 90 percent sand, and the percentage silt plus 1.5 times the percentage of clay is not less than 15; at the lower limit it contains not less than 70 to 85 percent sand, and the percentage of silt plus twice the percentage of clay does not exceed 30.

(c)           "Sandy loam" means soil material that contains either 20 percent clay or less, and the percentage of silt plus twice the percentage of clay exceeds 30, and contains 52 percent or more sand; or less than seven percent clay, less than 50 percent silt, and between 43 and 52 percent sand.

(d)           "Loam" means soil material that contains seven to 27 percent clay, 28 to 50 percent silt, and less than 52 percent sand.

(e)           "Silt loam" means soil material that contains 50 percent or more silt and 12 to 27 percent clay; or contains 50 to 80 percent silt and less than 12 percent clay.

(f)            "Silt" means soil material that contains 80 percent or more silt and less than 12 percent clay.

(g)           "Sandy clay loam" means soil material that contains 20 to 35 percent clay, less than 28 percent silt, and 45 percent or more sand.

(h)           "Clay loam" means soil material that contains 27 to 40 percent clay and 20 to 45 percent sand.

(i)            "Silty clay loam" means soil material that contains 27 to 40 percent clay and less than 20 percent sand.

(j)            "Sandy clay" means soil material that contains 35 percent or more clay and 45 percent or more sand.

(k)           "Silty clay" means soil material that contains 40 percent or more clay and 40 percent or more silt.

(l)            "Clay" means soil material that contains 40 percent or more clay, less than 45 percent sand, and less than 40 percent silt.

(59)         "State" means the Department of Environment and Natural Resources, Division of Environmental Health.

(60)         "Stream" means a natural or manmade channel, including groundwater lowering ditches and devices, in which water flows or stands most of the year.

(61)         "Subsurface disposal" means the application of sewage effluent beneath the surface of the ground by distribution through approved nitrification lines.

(62)         "TS-I Systems" means advanced pretreatment systems which are approved in accordance with TS-I effluent quality standards in Table VII of Rule .1970.

(63)         "TS-II Systems" means advanced pretreatment systems which are approved in accordance with TS-II effluent quality standards in Table VII of Rule .1970.

(64)         "Third-Party" means a person or body that is independent of the parties involved which does not gain financially or otherwise benefit from the outcome of the testing, and which has a knowledge of the subject area based upon relevant training and experience.

 

History Note:        Authority G.S. 130A‑335(e) and (f);

Eff. July 1, 1982;

Amended Eff. July 1, 1995; January 1, 1990; August 1, 1988; April 1, 1985;

Temporary Amendment Eff. June 24, 2003;

Amended Eff. June 1, 2006; May 1, 2004.

 

15A NCAC 18A .1936       REQUIREMENTS FOR SEWAGE TREATMENT AND DISPOSAL

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Repealed Eff. January 1, 1990.

 

 

 

15A NCAC 18A .1937       PERMITS

(a)  Any person owning or controlling a residence, place of business, or place of public assembly containing water-using fixtures connected to a water supply source shall discharge all wastewater directly to an approved wastewater system permitted for that specific use.

(b)  An Improvement Permit, Authorization for Wastewater System Construction (Construction Authorization) and Operation Permit, shall be required in accordance with G.S. 130A-336, G.S. 130A-337 and G.S. 130A-338.  Rule .1949 of this Section shall be used to determine whether subsequent additions, modifications, or change in the type of facility increase wastewater flow or alter wastewater characteristics.

(c)  An application for an Improvement Permit or Construction Authorization, as applicable, shall be submitted to the local health department for each site prior to the construction, location, or relocation of a residence, place of business, or place of public assembly.  Applications for systems required to be designed by a professional engineer and applications for industrial process wastewater systems shall meet the provisions of Rule .1938 of this Section.

(d)  The application for an Improvement Permit shall contain at least the following information: owner's name, mailing address, and phone number, location of property, plat of property or site plan, description of existing and proposed facilities or structures, number of bedrooms, or number of persons served, or other factors required to determine wastewater system design flow or wastewater characteristics, type of water supply including the location of proposed or existing well(s), and signature of owner or owner's legal representative.  The applicant shall identify property lines and fixed reference points in the field.  The applicant shall make the site accessible for an evaluation as required in Rule .1939 of this Section. The applicant shall notify the local health department on the application of the following:

(1)           the property contains previously identified jurisdictional wetlands:

(2)           wastewater other than sewage will be generated; or

(3)           the site is subject to approval by other public agencies.

(e)  The application for a Construction Authorization shall contain:

(1)           the information required in Paragraph (d) of this Rule; however, a plat or site plan shall not be required with the application for a Construction Authorization to repair a previously permitted system when the repairs will be accomplished on property owned and controlled by the applicant and for which the property lines are readily identifiable in the field;

(2)           the locations of the proposed facility, appurtenances, and the site for the system showing setbacks to property line(s) or other fixed reference point(s); and

(3)           the proposed system type as specified by the owner or owner's legal representative and that meets the conditions of the Improvement Permit, the provisions of these Rules, and G.S. 130A, Article 11.

(f)  An authorized agent of DENR shall issue an Improvement Permit after determining that the site is suitable or provisionally suitable and that a system can be installed so as to meet the provisions of these Rules.  The Improvement Permit shall include those items required in G.S. 130A-336(a).  An Improvement Permit for which a plat is provided shall be valid without expiration and an Improvement Permit for which a site plan is provided shall be valid for 60 months from the date of issue as provided in G.S. 130A-335(f) and G.S. 130A-336(a).  The Improvement Permit is transferable to subsequent owners except as provided in G.S. 130A-335(f) and G.S. 130A-336(a).

(g)  The Construction Authorization as provided in G.S. 130A-335(f) and G.S. 130A-336(b) shall be valid for a period equal to the period of validity of the Improvement Permit, not to exceed 60 months.  Site modifications required as conditions of an Improvement Permit shall be completed prior to the issuance of a Construction Authorization.  The Construction Authorization shall be issued by an authorized agent for the installation of a wastewater system when it is found that the Improvement Permit conditions and rules of this Section are met. The Construction Authorization shall contain conditions regarding system type, system layout, location, and installation requirements.  The property owner shall ensure that a Construction Authorization is obtained and is valid prior to the construction or repair of a system.  The property owner shall obtain a Construction Authorization prior to the construction, location, or relocation of a residence, place of business, or place of public assembly.  If the installation has not been completed during the period of validity of the Construction Authorization, the information submitted in the application for a Permit or Construction Authorization is found to have been incorrect, falsified or changed, or the site is altered, the Permit or Construction Authorization shall become invalid, and may be suspended or revoked.  When a Permit or Construction Authorization has become invalid, expired, suspended, or revoked, the installation shall not be commenced or completed until a new Permit or Construction Authorization has been obtained.  Revised Construction Authorizations shall be issued for sites where Improvement Permits are valid without expiration in compliance with G.S. 130A-335(f1).

(h)  Prior to the issuance of a Construction Authorization for a wastewater system to serve a condominium or other multiple‑ownership development where the system will be under common or joint control, a draft agreement (tri‑party) among the local health department, developer, and a proposed non‑profit, incorporated owners association shall be submitted to the local health department for approval.  Prior to the issuance of an Operation Permit for a system requiring a tri‑party agreement, the agreement shall be executed among the local health department, developer, and a non‑profit, incorporated owners association and filed with the local register of deeds.  The tri‑party agreement shall address ownership transfer of ownership, maintenance, repairs, operation, and the necessary funds for the continued satisfactory performance of the wastewater system, including collection, treatment, disposal, and other appurtenances.

(i)  No residence, place of business, or place of public assembly shall be occupied nor shall any wastewater system be covered or placed into use until an authorized agent issues an Operation Permit.  The Operation Permit shall not be issued or reissued until the authorized agent finds that the system is in compliance with Article 11 of G.S. Chapter 130A, these Rules, and all conditions prescribed by the Improvement Permit, and Construction Authorization.  The Operation Permit shall specify the system type in accordance with Table V(a) of Rule .1961 of this Section, and shall include conditions for system performance, operation, maintenance, monitoring and reporting.  At the review frequency specified in Rule .1961, Table V(a) of this Section, an authorized agent shall determine whether a system in compliance with the conditions of the Operation Permit, these Rules, and  Article 11 of G.S. Chapter 130A.  An authorized agent may modify, suspend or revoke the Operation Permit or seek other remedies under Article 2, Chapter 130A, if the system is not in compliance with Article 11 of G.S. Chapter 130A, these Rules, and all conditions imposed by the Operation Permit.

(j)  For a Type V or VI system as specified in Rule .1961, Table V(a) of Paragraph (b)(9) of this Section, the Operation Permit shall expire either;

(1)           60 months after the Operation Permit is issued for any system installed on or after the effective date of these Rules, or

(2)           60 months after the effective date of these Rules for any system with a valid Operation Permit issued prior to the effective date of these Rules.

(k)  Upon determining that an existing wastewater system including all subsystems and system components in a manufactured home park has a valid Operation Permit and is in compliance with Article 11 of G.S. Chapter 130A, these Rules, and permit conditions, an authorized agent shall issue a written authorization for a manufactured home to be connected to the existing system.

(l)  Any person other than the owner or controller of a residence, place of business, or place of public assembly, who engages in the business of constructing, installing, or repairing wastewater systems shall register with the local health department in each county where he operates before constructing, installing, or repairing wastewater systems.

(m)  An authorized agent shall prepare a written report with reference to the site and soil conditions required to be evaluated pursuant to this Section.  When a permit is denied, the report shall be provided to the applicant.  If modifications or alternatives are available, information shall be provided to the applicant.  The report shall be signed and dated by an authorized agent of the State.

 

History Note:        Authority G.S. 130A‑335(e),(f);

Eff. July 1, 1982;

Amended Eff. August 1, 1991; January 1, 1990; January 1, 1984;

Temporary Amendment Eff. January 20, 1997;

Amended Eff. August 1, 1998.

 

15A NCAC 18A .1938       RESPONSIBILITIES

(a)  The permitting of a wastewater system shall be the responsibility of agents authorized by the State in accordance with G.S. 130A-40, 130A-50, and registered with the State of North Carolina Board of Sanitarian Examiners if required in G.S. 90A Article 4.

(b)  The person owning or controlling the system shall be responsible for assuring compliance with the laws, rules, and permit conditions regarding system location, installation, operation, maintenance, monitoring, reporting, and repair.

(c)  Prior to the issuance of an Improvement Permit or Construction Authorization, plans and specifications may be required by the local health department where there is an unsuitable soil or unsuitable characteristic and shall be required for drainage systems serving two or more lots.  These plans and specifications shall be required to be prepared by a person or persons who are licensed or registered to consult, investigate, evaluate, plan or design wastewater systems, soil and rock characteristics, ground water hydrology, or drainage systems if required in G.S. 89C, 89E, 89F, and 90A Article 4.

(d)  Any wastewater system which meets one or more of the following conditions shall be designed by a registered professional engineer if required by G.S. 89C:

(1)           The system is designed to handle over 3,000 gallons per day, as determined in Rule .1949(a) or (b) of this Section, except where the system is limited to an individual septic tank system serving an individual dwelling unit or several individual septic tank systems, each serving an individual dwelling unit.

(2)           The system requires pretreatment before disposal, other than by a conventional septic or other system approved under Rule .1957 or .1969 of this Section.

(3)           The system requires use of sewage pumps prior to the septic tank or other pretreatment system, except for systems subject to the North Carolina Plumbing code or which consist of grinder pumps and associated pump basins that are approved and listed in accordance with standards adopted by the National Sanitation Foundation.

(4)           The individual system is required by Rule .1952 of this Section to use more than one pump or siphon in a single pump tank.

(5)           The system includes a collection sewer, prior to the septic tank or other pretreatment system, which serves two or more buildings, except for systems subject to the North Carolina Plumbing Code.

(6)           The system includes structures which have not been pre‑engineered.

(7)           The system is designed for the collection, treatment and disposal of industrial process wastewater, except under the following circumstances:

(A)          the State has determined that the wastewater generated by the proposed facility has a pollutant strength which is lower than or equal to domestic sewage, and does not require specialized pretreatment or management, or

(B)          the State has pre-approved a predesigned pretreatment system or process and management method proposed by the facility owner which shall enable the industrial process wastewater to have a pollutant strength which is lower than or equal to domestic sewage.

(8)           Any other system serving a business or multi‑family dwelling so specified by the local health department.

(e)  The State shall review and approve the system layout on a site plan or plat, plans and specifications for all systems serving a design unit with a design flow greater than 3,000 gallons per day, as determined in Rule .1949(a) or (b) of this Section, except:

(1)           where the system is limited to an individual septic tank system serving an individual dwelling unit or several individual septic tank systems, each serving an individual dwelling unit, or

(2)           where the system consists of individual septic tank systems, each serving an individual facility, and which meets all of the following criteria;

(A)          each individual system's design flow does not exceed 1500 gallons per day, as determined in Rule .1949(a) or (b) of this Section,

(B)          the site for the nitrification field and repair area for each individual system is at least 20 feet from any other individual system site, and

(C)          the design wastewater loading on the lot or tract of land containing the design unit is less than 1,500 gallons per day per acre for new or expanded systems and 3,000 gallons per day/acre for malfunctioning systems.

(f)  The state shall also review and approve plans and specifications for any industrial process wastewater system required by this Section to be designed by a registered professional engineer and any other system so specified by the local health department.

(g)  For systems that require State review and approval, an improvement permit shall not be issued unless the site plan or plat and system layout, including details for any proposed site modifications, are approved.  A Construction Authorization shall not be issued unless plans and specifications, including methods of operation and maintenance, are approved.

(h)  Prior to issuance of the operation permit for a system required to be designed by a registered professional engineer, the owner shall submit to the local health department a statement signed by a registered professional engineer stating that construction is complete and in accordance with approved plans and specifications and approved modifications.  Periodic observations of construction and a final inspection for design compliance by the certifying registered professional engineer or his representative shall be required for this statement.  The statement shall be affixed with the registered professional engineer's seal.

(i)  Plans and specifications required to be prepared by a registered professional engineer shall contain the information necessary for construction of the system in accordance with applicable rules and laws and shall include any of the following, determined to be applicable by the local health department or the State:

(1)           the seal, signature, and the date on all plans and the first sheet of specifications; specifications and reports prepared by the design engineer and licensed or registered professionals who contributed to the plans, specifications, or reports;

(2)           a description of the facilities served and the calculations and basis for the design flow proposed;

(3)           a site plan based on a surveyed plat showing all system components, public water supply sources within 500 feet, private water supplies and surface water supplies within 200 feet, water lines serving the project and within 10 feet of all components, building foundations, basements, property lines, embankments or cuts of two feet or more in vertical height, swimming pools, storm sewers, interceptor drains, surface drainage ditches, and adjacent nitrification fields;

(4)           specifications describing all materials to be used, methods of construction, means for assuring the quality and integrity of the finished product, and operation and maintenance procedures addressing requirements for the system operator, inspection schedules, residuals management provisions, process and performance monitoring schedules, and provisions for maintaining mechanical components and nitrification field vegetative cover;

(5)           plan and profile drawings for collection sewers, force mains and supply lines, showing pipe diameter, depth of cover, cleanout and manhole locations, invert and ground surface elevations, valves and other appurtenances, lateral connections, proximity to utilities and pertinent features such as wells, water lines, storm drains, surface waters, structures, roads, and other trafficked areas;

(6)           plans for all tanks, showing capacity, invert and ground elevations, access manholes, inlet and outlet details, and plans for built‑in‑place or nonstate‑approved, precast tanks, also showing dimensions, reinforcement details, liquid depth, and other pertinent construction features;

(7)           calculations for pump or siphon sizing, pump curves, and plan and profile drawings for lift stations and effluent dosing tanks, showing anti‑buoyancy provisions, pump or siphon locations, discharge piping, valves, vents, pump controls, pump removal system, electrical connection details, and activation levels for pumps or siphons and high‑water alarms;

(8)           plan and profile drawings for wastewater treatment plants and other pretreatment systems, including cross‑section views of all relevant system components, and data and contact lists from comparable facilities for any non‑standard systems;

(9)           plans for nitrification field and repair area, based on an evaluation and report prepared by a person licensed or registered to practice soil science, if required in G.S. 89F showing the following:

(A)          field locations with existing and final relative contour lines based on field measurements at intervals not exceeding two feet or spot elevations if field areas are essentially flat or of uniform grade;

(B)          field layout, pipe sizes, length, spacing, connection and clean out details, invert elevations of flow distribution devices and laterals, valves, and appurtenances;

(C)          trench plan and profile drawings and flow distribution device details; and

(D)          location and design of associated surface and groundwater drainage systems; and

(10)         any other information required by the local health department or the State.

(j)  The entire wastewater sewage system shall be on property owned or controlled by the person owning or controlling the system.  Necessary easements, right of ways, or encroachment agreements, as applicable, shall be obtained prior to the issuance of a Construction Authorization for the system installation or repair.  Terms of the easement, right-of-way or encroachment agreement shall provide that the easement, right-of-way, or encroachment agreement:

(1)           is appurtenant to specifically described property and runs with the land and is not affected by change of ownership or control;

(2)           is valid for as long as the wastewater system is required for the facility that it is designed to serve;

(3)           describes and specifies the uses being granted and shall include ingress and egress, system installation, operation, maintenance, monitoring, and repairs:

(4)           specifies by metes and bounds description or attached plat, the area or site required for the wastewater system and appurtenances including a site for any required system replacement; and

(5)           shall be recorded with the register of deeds in the county where the system and facility is located.

 

History Note:        Authority G.S. 89C; 89E; 89F; 90A; 130A-335(e),(f);

Eff. July 1, 1982;

Amended Eff. January 1, 1990; April 1, 1985;

Temporary Amendment Eff. January 20, 1997;

Amended Eff. November 1, 1999; August 1, 1998.

 

15A NCAC 18A .1939       SITE EVALUATION

(a)  The local health department shall investigate each proposed site. The investigation shall include the evaluation of the following factors:

(1)           topography and landscape position;

(2)           soil characteristics (morphology);

(3)           soil wetness;

(4)           soil depth;

(5)           restrictive horizons; and

(6)           available space.

(b)  Soil profiles shall be evaluated at the site by borings or other means of excavation to at least 48 inches or to an UNSUITABLE characteristic and a determination shall be made as to the suitability of the soil to treat and absorb septic tank effluent.  Applicants may be required to dig pits when necessary for proper evaluation of the soil at the site.

(c)  Site evaluations shall be made in accordance with Rules .1940 through .1948 of this Section.  Based on this evaluation, each of the factors listed in Paragraph (a) of this Rule shall be classified as SUITABLE (S), PROVISIONALLY SUITABLE (PS), or UNSUITABLE (U).

(d)  The local health department shall determine the long‑term acceptance rate to be used for sites classified SUITABLE OR PROVISIONALLY SUITABLE in accordance with these rules.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1990.

 

 

 

15A NCAC 18A .1940       TOPOGRAPHY AND LANDSCAPE POSITION

(a)  Uniform slopes under 15 percent shall be considered SUITABLE with respect to topography.

(b)  Uniform slopes between 15 percent and 30 percent shall be considered PROVISIONALLY SUITABLE with respect to topography.

(c)  Slopes greater than 30 percent shall be considered UNSUITABLE as to topography.  Slopes greater than 30 percent may be reclassified as PROVISIONALLY SUITABLE after an investigation indicates that a modified system may be installed in accordance with Rule .1956 of this Section; however, slopes greater than 65 percent shall not be reclassified as PROVISIONALLY SUITABLE.

(d)  Complex slope patterns and slopes dissected by gullies and ravines shall be considered UNSUITABLE with respect to topography.

(e)  Depressions shall be considered UNSUITABLE with respect to landscape position except when the site complies essentially with the requirements of this Section and is specifically approved by the local health department.

(f)  The surface area on or around a ground absorption sewage treatment and disposal system shall be landscaped to provide adequate drainage if directed by the local health department.  The interception of perched or lateral ground‑water movement shall be provided where necessary to prevent soil saturation on or around the ground absorption sewage treatment and disposal system.

(g)  A designated wetland shall be considered UNSUITABLE with respect to landscape position, unless the proposed use is specifically approved in writing by the U.S. Army Corps of Engineers or the North Carolina Division of Coastal Management.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1990.

 

 

 

15A NCAC 18A .1941       SOIL CHARACTERISTICS (MORPHOLOGY)

(a)  The soil characteristics which shall be evaluated by the local health department are as follows:

(1)           Texture ‑ The relative proportions of sand, silt, and clay sized mineral particles in the fine‑earth fraction of the soil are referred to as soil texture.  The texture of the different horizons of soils shall be classified into four general groups and 12 soil textural classes based upon the relative proportions of sand, silt, and clay sized mineral particles.

(A)          SOIL GROUP I ‑ SANDY TEXTURE SOILS.  The sandy group includes the sand and loamy sand soil textural classes and shall be considered SUITABLE with respect to texture.

(B)          SOIL GROUP II ‑ COARSE LOAMY TEXTURE SOILS.  The coarse loamy group includes sandy loam and loam soil textural classes and shall be considered SUITABLE with respect to texture.

(C)          SOIL GROUP III ‑ FINE LOAMY TEXTURE SOILS.  The fine loamy group includes silt, silt loam, sandy clay loam, clay loam, and silty clay loam textural classes and shall be considered PROVISIONALLY SUITABLE with respect to texture.

(D)          SOIL GROUP IV ‑ CLAYEY TEXTURE SOILS.  The clayey group includes sandy clay, silty clay, and clay textural classes and shall be considered PROVISIONALLY SUITABLE with respect to texture.

(E)           The soil textural class shall be determined in the field by hand texturing samples of each soil horizon in the soil profile using the following criteria:

(i)            Sand:  Sand has a gritty feel, does not stain the fingers, and does not form a ribbon or ball when wet or moist.

(ii)           Loamy Sand:  Loamy sand has a gritty feel, stains the fingers (silt and clay), forms a weak ball, and cannot be handled without breaking.

(iii)          Sandy Loam:  Sandy loam has a gritty feel and forms a ball that can be picked up with the fingers and handled with care without breaking.

(iv)          Loam:  Loam may have a slightly gritty feel but does not show a fingerprint and forms only short ribbons of from 0.25 inch to 0.50 inch in length.  Loam will form a ball that can be handled without breaking.

(v)           Silt Loam:  Silt loam has a floury feel when moist and will show a fingerprint but will not ribbon and forms only a weak ball.

(vi)          Silt:  Silt has a floury feel when moist and sticky when wet but will not ribbon and forms a ball that will tolerate some handling.

(vii)         Sandy Clay Loam:  Sandy clay loam has a gritty feel but contains enough clay to form a firm ball and may ribbon to form 0.75‑inch to one‑inch long pieces.

(viii)        Silty Clay Loam:  Silty clay loam is sticky when moist and will ribbon from one to two inches.  Rubbing silty clay loam with the thumbnail produces a moderate sheen.  Silty clay loam produces a distinct fingerprint.

(ix)          Clay Loam:  Clay loam is sticky when moist.  Clay loam forms a thin ribbon of one to two inches in length and produces a slight sheen when rubbed with the thumbnail.  Clay loam produces a nondistinct fingerprint.

(x)           Sandy Clay:  Sandy clay is plastic, gritty, and sticky when moist and forms a firm ball and produces a thin ribbon to over two inches in length.

(xi)          Silty Clay:  Silty clay is both plastic and sticky when moist and lacks any gritty feeling.  Silty clay forms a firm ball and readily ribbons to over two inches in length.

(xii)         Clay:  Clay is both sticky and plastic when moist, produces a thin ribbon over two inches in length, produces a high sheen when rubbed with the thumbnail, and forms a strong ball resistant to breaking.

(F)           The Department may substitute laboratory determination of the soil textural class as defined in these Rules by particle‑size analysis of the fine‑earth fraction (less than 2.0 mm in size) using the sand, silt, and clay particle sizes as defined in these Rules for field testing when conducted in accordance with ASTM (American Society for Testing and Materials) D‑422 procedures for sieve and hydrometer analyses which are hereby adopted by reference in accordance with G.S. 150B‑14(c).  For fine loamy and clayey soils (Groups III and IV), the dispersion time shall be increased to 12 hours.  Copies may be inspected in and copies obtained from the Department of Environment, Health, and Natural Resources, Division of Environmental Health, P.O. Box 27687, Raleigh, North Carolina 27611‑7687.

(2)           Soil Structure ‑ The following types of soil structure shall be evaluated:

(A)          CRUMB AND GRANULAR SOIL STRUCTURE ‑ Soils which have crumb or granular structure shall be considered SUITABLE as to structure.

(B)          BLOCK‑LIKE SOIL STRUCTURE ‑ Block‑Like Soil Structure with peds 2.5 cm (1 inch) or less in size shall be considered PROVISIONALLY SUITABLE as to structure.  Block‑like soil structure with peds greater than 2.5 cm (1 inch) in size within 36 inches of the naturally occurring soil surface shall be considered UNSUITABLE as to structure.

(C)          PLATY SOIL STRUCTURE ‑ soils which have platy soil structure within 36 inches of the naturally occurring soil surface shall be considered UNSUITABLE as to structure.

(D)          PRISMATIC SOIL STRUCTURE ‑ Soils which have prismatic soil structure within 36 inches of the naturally occurring soil surface shall be considered UNSUITABLE as to structure.

(E)           ABSENCE OF SOIL STRUCTURE ‑ Soils which are single grained and exhibit no structural aggregates shall be considered SUITABLE as to structure.  Soils which are massive and exhibit no structural peds within 36 inches of the naturally occurring soil surface shall be considered UNSUITABLE as to structure.

(F)           Structure shall be evaluated using Soil Taxonomy, Appendix I, which is hereby adopted by reference in accordance with G.S. 150B‑14(c).  Copies may be inspected in, and copies obtained from, the Department of Environment, Health, and Natural Resources, Division of Environmental Health, P.O. Box 27687, Raleigh, NC 27611‑7687.

(3)           Clay Mineralogy ‑ Along with soil texture, the mineralogy of the clay‑sized fraction determines the degree to which some soils swell when wetted and thereby affects the size and number of pores available for movement of sewage effluent through the soil.  There are two major types of clays, including the 1:1 clays, such as Kaolinite, which do not shrink or swell extensively when dried or wetted; and the 2:1 clays, including mixed mineralogy clays, such as clays containing both Kaolinite and Montmorillonite that will shrink and swell when dried and wetted.  The type of clay minerals in the clay‑sized fraction shall be determined by a field evaluation of moist soil consistence or of wet soil consistence using Soil Taxonomy, Appendix I, which is hereby adopted by reference in accordance with G.S. 150B‑14(c).  The Department may substitute laboratory determination of the expansive clay mineralogy as defined in these Rules for field testing when conducted in accordance with ASTM D‑4318, procedures A and B, for the determination of liquid limit, plastic limit, and plasticity index of soils.  These procedures are hereby adopted by reference in accordance with G.S. 150B‑14(c).  If the liquid limit exceeds 50 percent and the plasticity index exceeds 30, the soil shall be considered as having an expansive clay mineralogy.  Copies may be inspected in, and copies obtained from, the Department of Environment, Health, and Natural Resources, Division of Environmental Health, P.O. Box 27687, Raleigh, NC 27611‑7687.

(A)          SLIGHTLY EXPANSIVE CLAY MINERALOGY ‑ Soils which have loose, very friable, friable or firm moist soil consistence, or have slightly sticky to sticky or nonplastic, slightly plastic to plastic wet soil consistence, are considered to have predominantly 1:1 clay minerals and shall be considered SUITABLE as to clay mineralogy.

(B)          EXPANSIVE CLAY MINERALOGY ‑ Soils which have either very firm or extremely firm moist soil consistence, or have either very sticky or very plastic wet soil consistence, are considered to have predominantly 2:1 clay minerals (including mixed mineralogy clays) and shall be considered UNSUITABLE as to clay mineralogy.

(4)           Organic Soils ‑ Organic soils shall be considered UNSUITABLE.

(b)  Where the site is UNSUITABLE with respect to structure or clay mineralogy, it may be reclassified PROVISIONALLY SUITABLE after an investigation indicates that a modified or alternative system may be installed in accordance with Rule .1956 or Rule .1957 of this Section.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1990.

 

 

 

15a ncac 18A .1942       SOIL WETNESS CONDITIONS

(a)  Soil wetness conditions caused by seasonal high-water table, perched water table, tidal water, seasonally saturated soil or by lateral water movement shall be determined by field evaluation for soil wetness colors and field observations, and may be assessed by well monitoring, computer modeling, or a combination of monitoring and modeling as required by this Rule. All sites shall be evaluated by an Authorized Agent of the Department using Basic Field Evaluation Procedures pursuant to Paragraph (b) of this Rule.

(b)  Basic Field Evaluation Procedures:

(1)           A soil wetness condition shall be determined by the indication of colors of chroma 2 or less (Munsell Color Charts) at ≥2% of soil volume in mottles or matrix of a horizon or horizon subdivision.  However, colors of chroma 2 or less which are relic from minerals of the parent material shall not be considered indicative of a soil wetness condition.

(2)           A Soil wetness condition shall also be determined by the periodic direct observation or indication of saturated soils or a perched water table, or lateral water movement flowing into a bore hole, monitoring well, or open excavation above a less permeable horizon or horizon subdivision, that may occur without the presence of colors of chroma 2 or less.  A soil wetness condition caused by saturated soils or a perched water table shall be confirmed to extend for at least three consecutive days. The shallowest depth to soil wetness condition determined by Subparagraph (b)(1) or (b)(2) of this Rule shall take precedence.

(c)  Site Suitability as to Soil Wetness: Initial suitability of the site as to soil wetness shall be determined based upon the findings of the Basic Field Evaluation Procedures made pursuant to Paragraph (b) of this Rule. Sites where soil wetness conditions are greater than 48 inches below the naturally occurring soil surface shall be considered SUITABLE with respect to soil wetness. Sites where soil wetness conditions are between 36 and 48 inches below the naturally occurring soil surface shall be considered PROVISIONALLY SUITABLE with respect to soil wetness.  Sites where soil wetness conditions are less than 36 inches below the naturally occurring soil surface shall be considered UNSUITABLE with respect to soil wetness. Sites where a soil wetness condition is determined based upon the observation or indication of lateral water movement within 48 inches of the naturally occurring soil surface shall be considered UNSUITABLE, except when such water can be intercepted in accordance with 15A NCAC 18A .1956(4).

(d)  Alternative Procedures for Soil Wetness Determination: The Owner or the Owner's Legal Representative (Applicant) shall have the opportunity to submit documentation that the soil wetness condition and resultant site classification be alternately determined and reclassified by direct monitoring, computer modeling, or a combination of monitoring and modeling, in accordance with a Direct Monitoring Procedure, Monitoring and Modeling Procedure, or Modeling Procedure made pursuant to Paragraphs (e), (f), or (g) of this Rule.  This determination shall take precedence over the determination made pursuant to the Basic Field Evaluation Procedures [Paragraph (b) of this Rule], when the conditions of Paragraphs (e), (f), or (g) of this Rule are met.  Determination by one of these Monitoring or Modeling procedures shall also be required when:

(1)           the Owner proposes to use a wastewater system requiring a deeper depth to a soil wetness condition than the depth determined by the Basic Field Evaluation Procedures pursuant to Paragraph (b) of this Rule; or

(2)           the Owner proposes to use sites with Group III or IV soil within 36 inches of the surface and where drainage modifications are proposed to be made, including the installation of subsurface drain tile, open drainage ditches, or surface landscape modifications, or on such sites when fill is proposed to be used in conjunction with existing or proposed drainage modifications.  Final determination of soil wetness condition for these sites shall be made pursuant to the Modeling Procedure in Paragraph (g) of this Rule

(e)  Direct Monitoring Procedure.  Soil wetness conditions may be determined by direct observation of the water surface in wells during periods of typically high water elevations utilizing the following monitoring procedures and interpretation method.

(1)           The applicant shall notify the local health department of the intent to monitor water surface elevations by submitting a proposal that includes a site plan, well and soil profile at each monitoring location, and a monitoring plan no later than 30 days prior to the monitoring period.  An applicant other than the property owner shall have written authorization from the owner to be the owner's legal representative. Soil wetness and rainfall monitoring shall be conducted under the responsible charge of a third-party consultant or by the property owner or the owner's agent.  A third party consultant is qualified when licensed or registered in accordance with G.S. 89C (Engineers), G.S. 89E (Geologists), G.S. 89F (Soil Scientists), or G.S. 90A Article 4 (Registered Sanitarians), if required.  The Owner shall submit the name(s) of the consultant(s) performing any monitoring on their behalf to the local health department.

(2)           The applicant shall submit a site plan showing proposed sites for wastewater system, shall provide the longitude and latitude of the site, location of monitoring wells, and all drainage features that may influence the soil wetness conditions, and specify any proposed fill and drainage modifications.

(3)           The applicant shall submit a monitoring plan indicating the proposed number, installation depth, screening depth, soil and well profile, materials and installation procedures for each monitoring well, and proposed method of analysis. A minimum of three water level monitoring wells shall be installed for water surface observation at each site.  Additional wells shall be required for sites handling systems with a design flow greater than 600 gallons per day (minimum of one additional well per 600 gallons per day increment).

(4)           The local health department shall be given the opportunity to conduct a site visit and verify the appropriateness of the proposed plan. Well locations shall include portions of the initial and replacement drainfield site(s) containing the most limiting soil/site conditions. Prior to installation of the wells the local health department shall approve the plan. If the plan is disapproved, the local health department shall include specific changes necessary for approval of the monitoring plan.

(5)           Wells shall extend at least five feet below the natural soil surface, or existing soil surface for fill installed prior to July 1, 1977 meeting the requirements for consideration of a site with existing fill of G.S. 130A-341 and the rules adopted pursuant thereto.  However, a well or wells which extend(s) down only 40 inches may be used if they provide a continuous record of the water table for at least half of the monitoring period, and one or more shallower wells may be required on sites where shallow lateral water movement or perched soil wetness conditions are anticipated.

(6)           Water surface in the monitoring wells shall be recorded at least daily from January 1 to April 30, taken at the same time during the day (plus or minus three hours). A rain (precipitation) gauge is required within one-half mile of the site.  At least daily rainfall shall be recorded beginning no later than December 1 through April 30 (the end of the well monitoring period).

(7)           Interpretation Method for Direct Monitoring Procedure: The following method of determining depth to soil wetness condition from water surface observations in wells shall be used when the 60-day weighted rainfall index for the January through April monitoring period equals or exceeds the site’s long-term (historic) 60-day weighted rainfall index for January to April rainfall with a 30 percent recurrence frequency (wetter than the 9th driest year of 30, on average).  The 60-day weighted rainfall index for the monitoring period and historic rainfall record shall be computed as:

 

WRI60     =    0.5PD + PJ + PF + PM + 0.5PA

Where WRI60            =    60-day weighted rainfall index for January to April

PD            =    Total December rainfall

PJ             =    Total January rainfall

PF            =    Total February rainfall

PM           =    Total March rainfall

PA            =    Total April rainfall

 

The Department shall prepare contour maps for each county where this interpretation procedure is proposed.  Contours shall be prepared following standard interpolation procedures using normalized data collected from all National Weather Service Stations, or equivalent, from which appropriate data are available, at least prior to February 1 of the monitoring season.  Data from each station shall be normalized by fitting a 2-parameter gamma distribution to the 60-day weighted rainfall index computed for at least the most recent three decades of historic data, in accordance with procedures outlined in Chapter 18 of the National Engineering Handbook, NRCS, USDA. From this fitted distribution, the 60-day weighted rainfall index for January through April rainfall with a 30%, 50%, 70% and 80% recurrence frequency shall be computed for each Station, to provide the raw data points from which the contour maps shall be prepared. From these maps, the site's 60-day weighted rainfall index for the January through April monitoring period shall be compared to the long-term (historic) January to April 60-day weighted rainfall index at different expected recurrence frequencies.  The soil wetness condition shall be determined as the highest level that is continuously saturated for the number of consecutive days during the January through April monitoring period shown in the following table:

 

Recurrence Frequency Range

January to April 60-Day

Weighted Rainfall Index

Number of Consecutive Days

of Continuous Saturation

for Soil Wetness Condition

30% to 49.9%

3 days or 72 hours

50% to 69.9%

6 days or 144 hours

70% to 79.9%

9 days or 216 hours

80% to 100%

14 days or 336 hours

 

(8)           If monitoring well data is collected during monitoring periods that span multiple years, the year which yields the highest (shallowest) soil wetness condition shall be applicable.

(f)  Monitoring and Modeling Procedure: A combination of monitoring and modeling may be used to determine a soil wetness condition utilizing the following monitoring procedures and interpretation method.

(1)           The procedures described for the Direct Monitoring Procedure in Subparagraphs (e)(1), (2), (3), (4), (5), and (6) of this Rule shall be used to monitor water surface elevation and precipitation for determining soil wetness conditions by a combination of direct observation and modeling, except that the rainfall gauge and each monitoring well shall use a  recording device and a data file (DRAINMOD-compatible) shall be submitted with the report to the local health department (devices shall record rainfall at least hourly and well water level at least daily).

(2)           The ground water simulation model DRAINMOD shall be used to predict daily water levels over at least a 30 year historic time period after the model is calibrated using the water surface and rainfall observations made on-site during the monitoring period.  The soil wetness condition shall be determined as the highest level predicted by the model to be saturated for a 14-day continuous period between January 1 and April 30 with a recurrence frequency of 30 percent (an average of at least 9 years in 30).

(A)          Weather input files, required to run the DRAINMOD, shall be developed from hourly rainfall gauge data taken within a half-mile of the site and from daily temperature and hourly or daily rainfall data collected over a minimum 30-year period from the closest available National Weather Service, or equivalent, measuring station to the site.  DRAINMOD weather data files on file with the Department shall be made available upon request to the applicant or applicant's consultants.   Daily maximum and minimum temperature data for the January 1 through April 30 monitoring period, plus for at least 30 days prior to this period, shall be obtained from the closest available weather station.

(B)          Soil and Site inputs for DRAINMOD, including a soils data file closest to the soil series identified, depths of soil horizons, estimated saturated hydraulic conductivity of each horizon, depth and spacing of drainage features and depression storage, shall be selected in accordance with procedures outlined in the DRAINMOD Users Guide, and guidance is also available in Reports 333 and 342 of the University of North Carolinas Water Resources Research Institute.  DRAINMOD soils data files on file with the Department shall be made available upon request to the applicant or applicant’s consultants.

(C)          Inputs shall be based upon site specific soil profile descriptions  Soil and site input factors shall be adjusted during the model calibration process to achieve a best fit by least squares analysis of the daily observations over the whole monitoring period (mean absolute deviation between measured and predicted values no greater than eight inches), and to achieve the best possible match between the highest water table depth during the monitoring period (measured-vs-predicted) that is saturated for 14 consecutive days.

(D)          For sites intended to receive over 1500 gallons per day, the soil wetness determination using DRAINMOD shall take into consideration the impact of wastewater application on the projected water table surface.

(E)           The ground water simulation analysis shall be prepared and submitted to the local health department by individuals qualified to use DRAINMOD by training and experience and who are licensed or registered in North Carolina if required in G.S. 89C (Engineers), G.S. 89E (Geologists), and G.S. 89F (Soil Scientists). The local health department or Owner may request a technical review by the Department prior to approval of the soil wetness condition determination.

(g)  Modeling Procedure:  A soil wetness condition may be determined by application of DRAINMOD to predict daily water levels over at least a 30 year historic time period after all site-specific input parameters have been obtained, as outlined in the DRAINMOD Users Guide.  This modeling procedure shall be used when a ground water lowering system is proposed for a site with Group III or IV soils within 36 inches of the naturally occurring soil surface. This procedure shall also be used to evaluate sites with Group III or IV soils within 36 inches of the naturally occurring soil surface, where the soil wetness condition was initially determined using a procedure described in Paragraphs (e) or (f) of this Rule and where drainage modifications are proposed or when fill is proposed to be used in conjunction with existing or proposed drainage modifications. The soil wetness condition shall be determined as the highest level predicted by the model to be saturated for a 14-day continuous period between January 1 and April 30 with a recurrence frequency of 30 percent (an average of at least 9 years in 30).

(1)           Weather input files, required to run DRAINMOD, shall consist of hourly rainfall and daily temperature data collected over the entire period of record but for at least a 30-year period from the closest available National Weather Service, or equivalent, measuring station to the site.  DRAINMOD weather data files on file with the Department shall be made available upon request to the applicant or applicant's consultants.

(2)           Soil and Site inputs for DRAINMOD, including a soils data file closest to the soil series identified, depths of soil horizons, hydraulic conductivity of each horizon, depth and spacing of proposed drainage features and surface storage and drainage parameters, shall be selected in accordance with procedures outlined in the DRAINMOD User's Guide.  DRAINMOD soils data files on file with the Department shall be made available upon request to the applicant or applicant's consultants.  Inputs shall include:

(A)          Soil input file with the soil moisture characteristic curve and data for the soil profile that is closest to the described soil profile that is present on the site;

(B)          Soil horizon depths determined on site;

(C)          Site measured or proposed drain depth and spacing, and drain outlet elevation;

(D)          In-situ saturated hydraulic conductivity measurements for at least three representative locations on the site and at each location for at least three most representative soil horizons within five feet of the surface.  Conductivity measurements shall be for one representative soil horizon at or above redoximorphic depletion features and two representative soil horizons at and below redoximorphic concentration features at each location on the site;

(E)           All other model parameters based upon the DRAINMOD User's Guide, or other accepted values consistent with the simulation model; and

(F)           A sensitivity analysis shall be conducted for the following model parameters:

(i)            Soil input files for at least two other most closely related soil profiles;

(ii)           Saturated hydraulic conductivity of each of horizons measured on-site;

(iii)          Drain depth and spacing; and

(iv)          Surface storage and depth of surface flow inputs.

The sensitivity analysis shall be used to evaluate the range of soil and site characteristics for choosing input parameters related to the soil profiles, hydraulic conductivity input values based upon the range of hydraulic conductivity values measured on the site, and inputs for surface and subsurface drainage features based upon the range of possible elevations and distances that occur or may occur after installation of improvements.  The sensitivity analysis shall establish which parameters are most critical for determination of the depth to soil wetness condition.  Conservative values for the most critical parameters shall be used in applying the model to the site.

(3)           For sites designed to receive over 600 gallons per day, the soil wetness determination using DRAINMOD shall take into consideration the impact of wastewater application on the projected water table surface.

(4)           The ground water simulation analysis shall be prepared and submitted to the local health department by individuals qualified to use DRAINMOD by training and experience and who are licensed or registered in North Carolina if required in G.S. 89C (Engineers), G.S. 89E (Geologists), and G.S. 89F (Soil Scientists).  The local health department shall submit the ground water simulation analysis to the Department for technical review prior to approval of the soil wetness condition determination.

(h)  A report of the investigations made for the Direct Monitoring Procedure, Monitoring and Modeling Procedure or Modeling Procedure pursuant to Paragraphs (e), (f), or (g) of this Rule shall be prepared prior to approval of the soil wetness condition determination.  Reports prepared by a licensed or registered professional shall bear the professional seal of the person(s) whom conducted the investigation (Engineer, Geologist, Soil Scientist or Registered Sanitarian).  A request for technical review of the report by the Department shall include digital copies of monitoring data and digital copies of model inputs, output data, and graphic results, as applicable.

(j)  Where the site is UNSUITABLE with respect to soil wetness conditions, it may be reclassified PROVISIONALLY SUITABLE if a modified, alternative or innovative system can be installed in accordance with 15A NCAC 18A .1956, .1957, or .1969.

 

History Note:        Authority G.S. 130A-335(e):

Eff. July 1, 1982;

Amended Eff. January 1, 1990;

Temporary Amendment Eff. June 24, 2003; April 17, 2002;

Amended Eff. May 1, 2004.

 

15A NCAC 18A .1943       SOIL DEPTH

(a)  Soil depths to saprolite, rock, or parent material greater than 48 inches shall be considered SUITABLE as to soil depth.  Soil depths to saprolite, rock, or parent material between 36 inches and 48 inches shall be considered PROVISIONALLY SUITABLE as to soil depth.  Soil depths to saprolite, rock, or parent material less than 36 inches shall be classified UNSUITABLE as to soil depth.

(b)  Where the site is UNSUITABLE with respect to depth, it may be reclassified PROVISIONALLY SUITABLE after a special investigation indicates that a modified or alternative system can be installed in accordance with Rule .1956 or Rule .1957 of this Section.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. August 1, 1988.

 

 

 

15A NCAC 18A .1944       RESTRICTIVE HORIZONS

(a)  Soils in which restrictive horizons are three inches or more in thickness and at depths greater than 48 inches below the naturally occurring soil surface shall be considered SUITABLE as to depth to restrictive horizons.  Soils in which restrictive horizons are three inches or more in thickness and at depths between 36 inches and 48 inches shall be considered PROVISIONALLY SUITABLE as to depth to restrictive horizons.  Soils in which restrictive horizons are three inches or more in thickness and at depths less than 36 inches shall be considered UNSUITABLE as to depth to restrictive horizons.

(b)  Where the site is UNSUITABLE with respect to restrictive horizons, it may be reclassified PROVISIONALLY SUITABLE after an investigation indicates that a modified or alternative system can be installed in accordance with Rules .1956 or .1957 of this Section.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1990; October 1, 1983.

 

 

 

15A NCAC 18A .1945       AVAILABLE SPACE

(a)  Sites shall have sufficient available space to permit the installation and proper functioning of ground absorption sewage treatment and disposal systems, based upon the square footage of nitrification field required for the long‑term acceptance rate determined in accordance with these Rules.

(b)  Sites shall have sufficient available space for a repair area separate from the area determined in Paragraph (a) of this Rule.  The repair area shall be based upon the area of the nitrification field required to accommodate the installation of a replacement system as specified in Rule .1955, .1956, or .1957 of this Section.  Prior to issuance of the initial Improvement Permit for a site, the local health department shall designate on the permit the original system layout, the repair area, and the type of replacement system.

(c)  The repair area requirement of Paragraph (b) of this Rule shall not apply to a lot or tract of land:

(1)           which is specifically described in a document on file with the local health department on July 1, 1982, or which is specifically described in a recorded deed or a recorded plat on January 1, 1983; and

(2)           which is of insufficient size to satisfy the repair area requirement of Paragraph (b) of this Rule, as determined by the local health department; and

(3)           on which a ground absorption sewage treatment and disposal system with a design daily flow of:

(A)          no more than 480 gallons is to be installed; or

(B)          more than 480 gallons is to be installed if application for an improvement permit which meets the requirements of Rule .1937(c) of this Subchapter is received by the local health department on or before April 1, 1983.

(d)  Although a lot or tract of land is exempted under Paragraph (c) from the repair area requirement of Paragraph (b), the maximum feasible area, as determined by the local health department, shall be allocated for a repair area.

 

History Note:        Authority G.S. 130A‑335(e) and (f);

Eff. July 1, 1982;

Amended Eff. February 1, 1992; July 1, 1983; January 1, 1983.

 

 

 

15A NCAC 18A .1946       OTHER APPLICABLE FACTORS

The site evaluation shall include consideration of any other applicable factors involving accepted public health principles, such as, but need not be limited to:

(1)           The proximity of a large‑capacity water‑supply well, the cone of influence of which would dictate a larger separation distance than the minimum distance specified in Rule .1950 of this Section;

(2)           The potential public health hazard due to possible failures of soil absorption systems when specifically identified, would dictate larger separation distances than the minimums specified in Rule .1950 and Rule .1955(m) of this Section;

(3)           The potential public health hazard of possible massive failures of soil absorption systems proposed to serve large numbers of residences, as in residential subdivisions or mobile home parks;

(4)           For sites serving systems designed to handle over 3,000 gallons per day, as determined in Rule .1949 (a) or (b) of this Section, which include one or more nitrification fields with a design flow of greater than 1500 gallons per day, the applicant shall submit sufficient site‑specific data to predict the height of the water table mound that will develop beneath the field (level sites) and the rate of lateral and vertical flow away from the nitrification trenches (sloping sites).  The data submitted may include soil borings to depths greater than 48 inches, permeability and hydraulic conductivity measurements, water level readings, and other information determined to be necessary by the local health department or the State.  The site shall be considered UNSUITABLE if the data indicate that the groundwater mound which will develop beneath the site cannot be maintained two feet or more below the bottom of the nitrification trenches or it is determined that effluent is likely to become exposed on the ground surface within, or adjacent to, the nitrification field.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1990.

 

 

 

15A NCAC 18A .1947       DETERMINATION OF OVERALL SITE SUITABILITY

All of the criteria in Rules .1940 through .1946 of this Section shall be determined to be SUITABLE, PROVISIONALLY SUITABLE, or UNSUITABLE, as indicated.  If all criteria are classified the same, that classification will prevail.  Where there is a variation in classification of the several criteria, the most limiting uncorrectable characteristics shall be used to determine the overall site classification.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1990.

 

 

 

15A NCAC 18A .1948       SITE CLASSIFICATION

(a)  Sites classified as SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules.  A suitable classification generally indicates soil and site conditions favorable for the operation of a ground absorption sewage treatment and disposal system or have slight limitations that are readily overcome by proper design and installation.

(b)  Sites classified as PROVISIONALLY SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules but have moderate limitations.  Sites classified Provisionally Suitable require some modifications and careful planning, design, and installation in order for a ground absorption sewage treatment and disposal system to function satisfactorily.

(c)  Sites classified UNSUITABLE have severe limitations for the installation and use of a properly functioning ground absorption sewage treatment and disposal system.  An improvement permit shall not be issued for a site which is classified as UNSUITABLE.  However, where a site is UNSUITABLE, it may be reclassified PROVISIONALLY SUITABLE if a special investigation indicates that a modified or alternative system can be installed in accordance with Rules .1956 or .1957 of this Section.

(d)  A site classified as UNSUITABLE may be used for a ground absorption sewage treatment and disposal system specifically identified in Rules .1955, .1956, or .1957 of this Section or a system approved under Rule .1969 if written documentation, including engineering, hydrogeologic, geologic or soil studies, indicates to the local health department that the proposed system can be expected to function satisfactorily.  Such sites shall be reclassified as PROVISIONALLY SUITABLE if the local health department determines that the substantiating data indicate that:

(1)           a ground absorption system can be installed so that the effluent will be non-pathogenic, non-infectious, non-toxic, and non-hazardous;

(2)           the effluent will not contaminate groundwater or surface water; and

(3)           the effluent will not be exposed on the ground surface or be discharged to surface waters where it could come in contact with people, animals, or vectors.

The State shall review the substantiating data if requested by the local health department.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. April 1, 1993; January 1, 1990.

 

 

 

15A NCAC 18A .1949       SEWAGE FLOW RATES FOR DESIGN UNITS

(a)  In determining the volume of sewage from dwelling units, the flow rate shall be 120 gallons per day per bedroom.  The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional bedroom above two bedrooms shall increase the volume of sewage by 120 gallons per day.  In determining the number of bedrooms in a dwelling unit, each bedroom and any other room or addition that can reasonably be expected to function as a bedroom shall be considered a bedroom for design purposes.  When the occupancy of a dwelling unit exceeds two persons per bedroom, the volume of sewage shall be determined by the maximum occupancy at a rate of 60 gallons per person per day.

(b)  Table No. I shall be used to determine the minimum design daily flow of sewage required in calculating the design volume of sanitary sewage systems to serve selected types of establishments.  The minimum design volume of sewage from any establishment shall be 100 gallons per day.  Design of sewage treatment and disposal systems for establishments not identified in this Rule shall be determined using available flow data, water‑using fixtures, occupancy or operation patterns, and other measured data.

 

TABLE NO. I

 

TYPE OF ESTABLISHMENT                                                                          DAILY FLOW FOR DESIGN

Airports                                                                                                                  5 gal/passenger

     (Also R.R. stations, bus terminals --not

      including food service facilities)

Barber Shops                                                                                                       50 gal/chair

Bars, Cocktail Lounges (Not including

     food service)                                                                                                   20 gal/seat

Beauty Shops (Style Shops)                                                                              125 gal/chair

Bowling Lanes                                                                                                    50 gal/lane

Businesses (other than those listed elsewhere in this table)                        25 gal/employee

Camps

Construction or Work Camps                                                                          60 gal/person

40 gal/person

  (with chemical toilets)

Summer Camps                                                                                                  60 gal/person

Campgrounds ‑‑ With Comfort Station

     (Without water and sewer hookups)                                                           100 gal/campsite

Travel Trailer/Recreational Vehicle Park

     (With water and sewer hookups)                                                                 120 gal/space

Churches (Not including a Kitchen, Food Service

Facility, Day Care or Camp)                                                                             3 gal/seat

Churches (With a Kitchen but, not including a Food

Service Facility, Day Care, or Camp)                                                              5 gal/seat

Country Clubs                                                                                                     20 gal/member

Day Care Facilities                                                                                             15 gal/person

Factories (Exclusive of industrial waste)                                                        25 gal/person/shift

Add for showers                                                                                                  10 gal/person/shift

Food Service Facilities

Restaurants                                                                                                         40 gal/seat or

40 gal/15 ft2 of

dining area, whichever is greater

24‑hour Restaurant                                                                                            75 gal/seat

Food Stands

(1)           Per 100 square feet of food stand floor space                                              50 gal

(2)           Add per food employee                                                                    25 gal

Other Food Service Facilities                                                                             5 gal/meal

Hospitals                                                                                                               300 gal/bed

Marinas                                                                                                                10 gal/boat slip

With bathhouse                                                                                                   30 gal/boat slip

Meat Markets

(1)           Per 100 square feet of market floor space                                    50 gal

(2)           Add per market employee                                                                25 gal

Motels/Hotels                                                                                                       120 gal/room

     With cooking facilities                                                                                   175 gal/room

Offices (per shift)                                                                                                25 gal/person

Residential Care Facilities                                                                                 60 gal/person

Rest Homes and Nursing Homes

     With laundry                                                                                                    120 gal/bed

     Without laundry                                                                                             60 gal/bed

Schools

     Day Schools

        With cafeteria, gym, and showers                                                           15 gal/student

        With cafeteria only                                                                                     12 gal/student

        With neither cafeteria nor showers                                                          10 gal/student

     Boarding Schools                                                                                          60 gal/person

Service Stations                                                                                                   250 gal/water

closet or urinal

24‑hour Service Stations                                                                                    325 gal/water closet

Stores, Shopping Centers, and Malls

     (Exclusive of food service and meat markets)                                         120 gal/1000 ft2

of retail sales area

Stadium, Auditorium, Theater, Drive‑in                                                          5 gal/seat or space

Swimming Pools, Spas, and Bathhouses                                                       10 gal/person

(c)  An adjusted design daily sewage flow may be granted by the local health department upon a showing as specified in Subparagraphs (c)(1) through (c)(2) that a sewage system is adequate to meet actual daily water consumption from a facility included in Paragraph (b) of this Rule.

(1)           Documented data from that facility or a comparable facility justifying a flow rate reduction shall be submitted to the local health department and the State.  The submitted data shall consist of at least 12 previous consecutive monthly total water consumption readings and at least 30 consecutive daily water consumption readings.  The daily readings shall be taken during a projected normal or above normal sewage flow month.  A peaking factor shall be derived by dividing the highest monthly flow as indicated from the 12 monthly readings by the sum of the 30 consecutive daily water consumption readings.  The adjusted design daily sewage flow shall be determined by taking the numerical average of the greatest ten percent of the daily readings and multiplying by the peaking factor. Further adjustments shall be made in design sewage flow rate used for sizing nitrification fields and pretreatment systems when the sampled or projected wastewater characteristics exceed those of domestic sewage, such as wastewater from restaurants or meat markets.

(2)           An adjusted daily sewage flow rate may be granted contingent upon use of extreme water‑conserving fixtures, such as toilets which use 1.6 gallons per flush or less, spring‑loaded faucets with flow rates of one gallon per minute or less, and showerheads with flow rates of two gallons per minute or less.  The amount of sewage flow rate reduction shall be determined by the local health department and the State based upon the type of fixtures and documentation of the amount of flow reduction to be expected from the proposed facility.  Adjusted daily flow rates based upon use of water‑conserving fixtures shall apply only to design capacity requirements of dosing and distribution systems and nitrification fields.  Minimum pretreatment capacities shall be determined by the design flow rate of Table I of this Rule.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1990; January 1, 1984.

 

15A NCAC 18A .1950       LOCATION OF SANITARY SEWAGE SYSTEMS

(a)  Every sanitary sewage treatment and disposal system shall be located at least the minimum horizontal distance from the following:

(1)           Any private water supply source, including any well or spring                                   100 feet;

(2)           Any public water supply source                                                                                        100 feet;

(3)           Streams classified as WS‑I                                                                                                100 feet;

(4)           Waters classified as S.A.                                                                                                    100 feet, from

mean high

water mark;

(5)           Other coastal waters                                                                                                           50 feet, from

mean high

water mark;

(6)           Any other stream, canal, marsh, or other surface waters                                            50 feet;

(7)           Any Class I or Class II reservoir                                                                                       100 feet, from

normal pool

elevation;

(8)           Any permanent storm water retention pond                                                                  50 feet, from

flood pool

elevation;

(9)           Any other lake or pond                                                                                                      50 feet, from

normal pool

elevation;

(10)         Any building foundation                                                                                                    5 feet;

(11)         Any basement                                                                                                                      15 feet;

(12)         Any property line                                                                                                                 10 feet;

(13)         Top of slope of embankments or cuts of 2 feet or more vertical height                   15 feet;

(14)         Any water line                                                                                                                      10 feet;

(15)         Drainage Systems:

(A)          Interceptor drains, foundation drains, and storm water diversions

(i)            upslope                                                                                                  10 feet,

(ii)           sideslope                                                                                                15 feet, and

(iii)          downslope                                                                                             25 feet;

(B)          Groundwater lowering ditches and devices                                                    25 feet;

(16)         Any swimming pool                                                                                                            15 feet;

(17)         Any other nitrification field (except repair area)                                                           20 feet;

(b)  Ground absorption sewage treatment and disposal systems may be located closer than 100 feet from a private water supply, except springs and uncased wells located downslope and used as a source of drinking water, for repairs, space limitations, and other site‑planning considerations but shall be located the maximum feasible distance and in no case less than 50 feet.

(c)  Nitrification fields and repair areas shall not be located under paved areas or areas subject to vehicular traffic.  If effluent is to be conveyed under areas subject to vehicular traffic, ductile iron or its equivalent pipe shall be used.  However, pipe specified in Rule .1955 (e) may be used if a minimum of 30 inches of compacted cover is provided over the pipe.

(d)  In addition to the requirements of Paragraph (a) of this Rule, sites to be used for subsurface disposal for design units with flows over 3,000 gallons per day, as determined in Rule .1949 (a) or (b) of this Section, which include one or more nitrification fields with individual capacities of greater than 1,500 gallons per day, shall be located at least the minimum horizontal distance from the following:

(1)           Any Class I or II reservoir or any public water supply

source utilizing a shallow (under 50 feet) groundwater aquifer                                                  500 feet;

(2)           Any other public water supply source, unless determined to utilize a confined aquifer        200 feet;

(3)           Any private water supply source, unless determined to utilize a confined aquifer                                 100 feet;

(4)           Waters classified as SA                                                                                                                      200 feet, from

mean high

water mark;

(5)           Any waters classified as WS‑I                                                                                                           200 feet;

(6)           Any surface waters classified as WS‑II, WS‑III, B, or SB                                                           100 feet; and

(7)           Any property line                                                                                                                                 25 feet.

(e)  Collection sewers, force mains, and supply lines shall be located at least the minimum horizontal distance from the following:

(1)           Any public water supply source, including wells, springs,

and Class I or Class II reservoirs                                                      100 feet, unless

constructed of leakproof

pipe, such as ductile iron

pipe with mechanical

joints equivalent to

water main standards, in which case

the minimum setback may be reduced to 50 feet;

(2)           Any private water supply source, including wells and springs     50 feet, unless

constructed of similar

leakproof pipe, such as

ductile iron pipe with

mechanical joints

equivalent to water main

standards, in which case

the minimum setback may

be reduced to 25 feet;

(3)           Any waters classified as WS‑I, WS‑II,

WS‑III, B, SA, or SB                                                                           50 feet, unless

constructed of similar

leakproof pipe, such as

ductile iron pipe with

mechanical joints

equivalent to water main

standards, in which case

the minimum setback may

be reduced to 10 feet;

(4)           Any other stream, canal, marsh, coastal

waters, lakes and other impoundments, or other surface waters                                                              10 feet;

(5)           Any basement                                                                                                                                     10 feet;

(6)           Any property line                                                                                                                                 5 feet;

(7)           Top of slope of embankments or cuts of two feet or more vertical height                                             10 feet;

(8)           Drainage Systems:

(A)          Interceptor drains, storm drains, and storm water diversions                                     5 feet;

(B)          Ground‑water lowering ditches and devices                                                                  10 feet;

(9)           Any swimming pool                                                                                                                            10 feet;

(10)         Any other nitrification field                                                                                                               5 feet.

(f)  Sewer lines may cross a water line if 18 inches clear separation distance is maintained, with the sewer line passing under the water line.  When conditions prevent an 18‑inch clear separation from being maintained or whenever it is necessary for the water line to cross under the sewer, the sewer line shall be constructed of ductile iron pipe or its equivalent and the water line shall be constructed of ferrous materials equivalent to water main standards for a distance of at least ten feet on each side of the point of crossing, with full sections of pipe centered at the point of crossing.

(g)  Sewer lines may cross a storm drain if:

(1)           12 inches clear separation distance is maintained; or

(2)           the sewer is of ductile iron pipe or encased in concrete or ductile iron pipe for at least five feet on either side of the crossing.

(h)  Sewer lines may cross a stream if at least three feet of stable cover can be maintained or the sewer line is of ductile iron pipe or encased in concrete or ductile iron pipe for at least ten feet on either side of the crossing and protected against the normal range of high and low water conditions, including the 100‑year flood/wave action.  Aerial crossings shall be by ductile iron pipe with mechanical joints or steel pipe.  Pipe shall be anchored for at least ten feet on either side of the crossing.

(i)  Septic tanks, lift stations, wastewater treatment plants, sand filters, and other pretreatment systems shall not be located in areas subject to frequent flooding (areas inundated at a ten‑year or less frequency) unless designed and installed to be watertight and to remain operable during a ten‑year storm.  Mechanical or electrical components of treatment systems shall be above the 100‑year flood level or otherwise protected against a 100‑year flood.

 

History Note:        Authority G.S. 130A‑335(e) and (f);

Eff. July 1, 1982;

Amended Eff. January 1, 1990; October 1, 1982.

 

15A NCAC 18A .1951       APPLICABILITY OF RULES

(a)  Except as required in Paragraph (b) of this Rule, the minimum horizontal distance requirements in Rule .1950(a)(4), (11), (12), or (13) shall not apply to the installation of a single septic tank system serving a single‑family residence not to exceed four bedrooms on a lot or tract of land:

(1)           which, on July 1, 1977, is specifically described in a deed, contract, or other instrument conveying fee title or which is specifically described in a recorded plat; and

(2)           which, on July 1, 1977, is of insufficient size to satisfy the minimum horizontal distance requirements in Rule .1950(a)(4), (11), (12), or (13) of this Section; and

(3)           which, on the date system construction is proposed to begin, is not capable of being served by a community or public sewerage system.

(b)  For those lots or tracts of land described in Rule .1951(a) of this Section, where any of the minimum horizontal distance requirements prescribed in Rule .1950(a)(4), (11), (12), or (13) of this Section can be met, such minimum horizontal distances shall be required.

(c)  For those lots or tracts of land described in Rule .1951(a) of this Section, where a specific minimum horizontal distance requirement prescribed in Rule .1950(a)(4), (11), (12), or (13) of this Section cannot be met, the maximum feasible horizontal distance, as determined by the local agency, shall be required.  Provided, however, that at least the following minimum horizontal distances shall be required in all cases:

(1)           Rule .1950(a)(4) of this Section, the minimum horizontal distance shall be not less than 50 feet;

(2)           Rule .1950(a)(11) of this Section, the minimum horizontal distance shall be not less than 8 feet;

(3)           Rule .1950(a)(12) and (13) of this Section, the minimum horizontal distance shall be not less than 5 feet.

(d)  All other provisions of this Section except as exempted by this Rule shall apply to the lots or tracts of land described in Rule .1951(a) of this Section.  Any rules and regulations of the Commission for Public Health or any local board of health in effect on June 30, 1977, which establish greater minimum distance requirements than those provided for in this Section, shall remain in effect and shall apply to a lot or tract of land to which Rule .1950(a)(4), (11), (12), or (13) of this Section do not apply.

(e)  It shall be the responsibility of any owner of a lot or tract of land, who applies for a permit required by Rule .1937 of this Section, and who seeks, under the provisions of Rule .1951(a) of this Section, to exempt his lot or tract of land from any of the minimum horizontal distance requirements of Rule .1950(a)(4), (11), (12), or (13) of this Section to provide to the local health department necessary records of title to the lot or tract of land for which the exemption is sought in order that the local agency may determine whether the applicant is entitled to any such exemption.

(f)  For those lots or tracts of land which, on the effective date of this Section, are specifically described in a deed or recorded plat, and the minimum horizontal distance requirements prescribed in Rule .1950(a)(15)(B) cannot be met, the maximum feasible horizontal distance, as determined by the local health department, shall be required, but shall not be less than ten feet.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1990.

 

 

 

15A ncac 18a .1952       SEPTIC TANK, EFFLUENT FILTER, DOSING TANK AND LIFT STATION DESIGN

(a)  A septic tank or dosing tank shall be watertight, structurally sound, and not subject to excessive corrosion or decay.  Septic tanks shall be of two‑compartment design.  The inlet compartment of a two‑compartment tank shall hold between two‑thirds and three‑fourths of the total tank capacity.  Septic tanks shall have an approved effluent filter and access devices.  The effluent filter shall function without a bypass of unfiltered wastewater, sludge or scum.  The effluent filter case shall be designed to function as a sanitary tee with the inlet extending down to between 25 and 40 percent of the liquid depth.  The requirement(s) for an effluent filter and access devices shall apply to septic tanks for which a Construction Authorization is issued on or after January 1, 1999.  A properly designed dosing siphon or pump shall be used for discharging sewage effluent into nitrification lines when the total length of such lines exceeds 750 linear feet in a single system and as required for any pressure‑dosed system.  When the design daily flow from a single system exceeds 3,000 gallons per day or when the total length of nitrification lines exceeds 2,000 linear feet in a single system, alternating siphons or pumps shall be used which shall discharge to separate nitrification fields.  The dose volume from pump or siphon systems shall be of such design so as to fill the nitrification lines from 66 percent to 75 percent of their capacity at each discharge except as required for low‑pressure distribution systems.  The discharge rate from dosing systems shall be designed to maximize the distribution of the effluent throughout the nitrification field.  Septic tanks installed where the top will be deeper than six inches below the finished grade shall have an access manhole over each compartment with cover, extending to within six inches of the finished grade, having a minimum opening adequate to accommodate the installation or removal of the septic tank lid, septage removal, and maintenance of the effluent filter.  When the top of the septic tank or access manhole is below the finished grade, the location of each manhole shall be visibly marked at finished grade.  Any system serving a design unit with a design sewage flow greater than 3,000 gallons per day shall have access manholes that extend at least to finished grade and be designed and maintained to prevent surface water inflow.  The manholes shall be sized to allow proper inspection and maintenance.  All dosing tanks shall have a properly functioning high‑water alarm.  The alarm shall be audible and visible by system users and weatherproof if installed outdoors.  The alarm circuit shall be provided with a manual disconnect in a watertight, corrosion‑resistant outside enclosure (NEMA 4X or equivalent) adjacent to the dosing tank.

(b)  Minimum liquid capacities for septic tanks shall be in accordance with the following:

(1)           Residential Septic Tanks (for each individual residence or dwelling unit):

Number of            Minimum Liquid                 Equivalent Capacity

Bedrooms                    Capacity                              Per Bedroom

3 or less                       900 gallons                             300 gallons

4                                1,000 gallons                             250 gallons

5                                1,250 gallons                             250 gallons

(2)           Septic tanks for large residences, multiple dwelling units, or places of business or public assembly shall be in accordance with the following:

(A)          The liquid capacity of septic tanks for places of business or places of public assembly with a design sewage flow of 600 gallons per day or less shall be determined in accordance with the following: V = 2Q; where V is the liquid capacity of the septic tank and Q is the design daily sewage flow.  However, the minimum capacity of any septic tanks shall be 750 gallons.

(B)          Individual residences with more than five bedrooms, multiple‑family residences, individual septic tank systems serving two or more residences, or any place of business or public assembly where the design sewage flow is greater than 600 gallons per day, but less than 1,500 gallons per day, the liquid capacity of the septic tank shall be designed in accordance with the following:  V = 1.17Q + 500; where V is the liquid capacity of the septic tank and Q is the design daily sewage flow.  The minimum liquid capacity of a septic tank serving two or more residences shall be 1,500 gallons.

(C)          Where the design sewage flow is between 1,500 gallons per day and 4,500 gallons per day, the liquid capacity of the septic tank shall be designed in accordance with the following:  V = 0.75Q + 1,125; where V is the liquid capacity of the septic tank and Q is the design daily sewage flow.

(D)          Where the design sewage flow exceeds 4,500 gallons per day, the septic tank shall be designed in accordance with the following: V = Q; where V is the liquid capacity of the septic tank and Q is the design daily sewage flow.

(E)           The minimum liquid capacity requirements of Subparagraph (b)(2) of this Rule shall be met by use of a single two‑compartment septic tank or by two tanks installed in series, provided the first tank is constructed without a baffle wall and contains at least two‑thirds of the total required liquid capacity.

(c)  The following are minimum standards of design and construction of pump tanks and pump dosing systems:

(1)           The liquid capacity of a pump tank shall be considered as the entire internal volume with no additional requirement for freeboard.  Pump tanks shall have a minimum liquid capacity in accordance with the following:

(A)          Pump tanks for systems with nitrification fields installed in Soil Group I, II, or III soils, as defined in these Rules, shall have a minimum liquid capacity equal to two‑thirds of the required septic tank liquid capacity.

(B)          Pump tanks for systems installed in Group IV soils shall have a minimum liquid capacity equal to the required septic tank liquid capacity.

(C)          The minimum liquid capacity of any pump tank shall be 750 gallons.

(D)          An alternate method to determine minimum liquid capacity of a pump tank shall be to provide for the minimum pump submergence requirement (Subparagraph (c)(5) of this Rule), the minimum dose volume requirement (Paragraph (a) of this Rule), and the minimum emergency storage capacity requirement.  The emergency storage capacity requirement is determined based on the type of facility served, the classification of surface waters which would be impacted by a pump tank failure, and the availability of standby power devices and emergency maintenance personnel.  The emergency storage capacity shall be the freeboard space in the pump tank above the high‑water alarm activation level plus the available freeboard space in previous tankage and in the collection system below the lowest ground elevation between the pump tank and the lowest connected building drain invert.  The minimum emergency storage capacity for residential systems and other systems in full‑time use on sites draining into WS‑I, WS‑II, WS‑III, SA, SB, and B waters shall be 24 hours, without standby power, or 12 hours with standby power manually activated, or four hours with standby power automatically activated or with a high‑water alarm automatically contacting a 24‑hour maintenance service.  The minimum emergency storage capacity for systems not in full‑time use and for all systems at sites draining into all other surface waters shall be 12 hours without standby power, or eight hours with standby power manually activated, or four hours with standby power automatically activated or with a high‑water alarm automatically contacting a 24‑hour maintenance service.

(E)           Notwithstanding Paragraphs (c)(1)(A)‑(D), other criteria for pump tank capacity may be approved by the local health department and the State for raw sewage lift stations, pressure sewer systems, and systems with design flows exceeding 3,000 gallons per day.

(2)           The effluent pump shall be capable of handling at least one‑half inch solids and designed to meet the discharge rate and total dynamic head requirements of the effluent distribution system.  The pump shall be listed by Underwriter's Laboratory or an equivalent third party electrical testing and listing agency, unless the proposed pump model is specified by a registered professional engineer.

(3)           Pump discharge piping shall be of Schedule 40 PVC or stronger material and adequately secured.  Fittings and valves shall be of compatible corrosion‑resistant material.  A threaded union, flange, or similar disconnect device shall be provided in each pump discharge line. All submersible pumps shall be provided with a corrosion‑resistant rope or chain attached to each pump enabling pump removal from the ground surface without requiring dewatering or entrance into the tank.  Valves shall also be readily accessible from the ground surface.

(4)           Antisiphon holes (three‑sixteenth inch) shall be provided when the discharge or invert elevation of the distribution system is below the high‑water alarm elevation in the pump tank, or in accordance with pump manufacturer's specifications.  Check valves shall be provided when the volume of the supply line is greater than 25 percent of the dosing volume, or in accordance with pump manufacturer's specifications.  When provided, the antisiphon hole shall be located between the pump and the check valve.

(5)           Sealed mercury control floats or similar devices designed for detecting liquid levels in septic tank effluent shall be provided to control pump cycles.  A separate level sensing device shall be provided to activate the high‑water alarm.  Pump‑off level shall be set to keep the pump submerged at all times or in accordance with the manufacturer's specifications.  A minimum of 12 inches of effluent shall be maintained in the bottom of the pump tank.  The high‑water alarm float shall be set to activate within six inches of the pump‑on level.  The lag pump float switch, where provided, shall be located at or above the high‑water alarm activation level.

(6)           Pump and control circuits shall be provided with manual circuit disconnects within a watertight, corrosion‑resistant, outside enclosure (NEMA 4X or equivalent) adjacent to the pump tank, securely mounted at least 12 inches above the finished grade.  The pump(s) shall be manually operable without requiring the use of special tools or entrance into the tank for testing purposes.  Conductors shall be conveyed to the disconnect enclosure through waterproof, gasproof, and corrosion‑resistant conduits, with no splices or junction boxes provided inside the tank.  Wire grips, duct seal, or other suitable material shall be used to seal around wire and wire conduit openings inside the pump tank and disconnect enclosure.

(7)           For systems requiring duplex and multiplex pumps, a control panel shall be provided which shall include short‑circuit protection for each pump and for the control system, independent disconnects, automatic pump sequencer, hand‑off‑automatic (H‑O‑A) switches, run lights, and elapsed time counters for each pump.  Alarm circuits shall be supplied ahead of any pump overload or short circuit protective devices.  The control panel must be in a watertight, corrosion‑resistant enclosure (NEMA 4X or equivalent) unless installed within a weathertight building.  The panel shall be protected from intense solar heating.

(8)           Dual and multiple fields shall be independently dosed by separate pumps which shall automatically alternate.  The supply lines shall be "H" connected to permit manual alternation between fields dosed by each pump.  "H" connection valving shall be readily accessible from the ground surface, either from the pump tank access manhole or in a separate valve chamber outside the pump tank.  Other equivalent methods of dosing dual or multiple fields may be approved by the State.

(9)           The pump tank shall have a properly functioning high‑water alarm.  The alarm circuit shall be supplied ahead of any pump overload and short circuit protective devices.  The alarm shall be audible and visible by system users and weatherproof if installed outdoors in an enclosure (NEMA 4X or equivalent).

(d)  Siphons and siphon dosing tanks may be used when at least two feet of elevation drop can be maintained between the siphon outlet invert and the inlet invert in the nitrification field distribution system.

(1)           Siphon dosing tanks shall be designed in accordance with the minimum dose requirements in this Rule and shall meet the construction requirements of this Section.  The siphon dose tank shall provide at least 12 inches of freeboard, and the inlet pipe shall be at least three inches above the siphon trip level. The high‑water alarm shall be set to activate within two inches of the siphon trip level.

(2)           Siphon dosing tanks shall have a watertight access opening over each siphon with a minimum diameter of 24 inches and extending to finished grade and designed to prevent surface water inflow.

(3)           The slope and size of the siphon discharge line shall be sufficient to handle the peak siphon discharge by gravity flow without the discharge line flowing full.  Vents for the discharge lines shall be located outside of the dosing tank or otherwise designed to not serve as an overflow for the tank.

(4)           All siphon parts shall be installed in accordance with the manufacturer's specifications.  All materials must be corrosion‑resistant, of cast iron, high density plastic, fiberglass, stainless steel, or equal.

(5)           Siphon dosing tanks shall have a properly functioning high‑water alarm that is audible and visible by system users and weatherproof if installed outdoors in an enclosure (NEMA 4X or equivalent).

(e)  Raw sewage lift stations shall meet the construction standards of this Section and all horizontal setback requirements for sewage treatment and disposal systems in accordance with Rule .1950(a) of this Section unless the station is a sealed, watertight chamber, in which case the setback requirements for collection sewers in Rule .1950(e) of this Section shall apply.  Sealed, watertight chambers shall be of a single, prefabricated unit, such as fiberglass, with sealed top cover, and preformed inlet and outlet pipe openings connected with solvent welds, O‑ring seals, rubber boots, stainless steel straps, or equivalent.  Dual pumps shall be provided for stations serving two or more buildings or for a facility with more than six water closets.  Pumps shall be listed by Underwriter's Laboratories or an equivalent third party electrical testing and listing agency, and shall be grinder pumps or solids‑handling pumps capable of handling at least three‑inch spheres unless the station serves no more than a single water closet, lavatory, and shower, in which case two‑inch solids handling pumps shall be acceptable.  Minimum pump capacity shall be 2.5 times the average daily flow rate.  The dosing volume shall be set so that the pump‑off time does not exceed 30 minutes, except for stations serving single buildings, and pump run‑time shall be from three to ten minutes at average flow.  Pump station emergency storage capacity and total liquid capacity shall be determined in accordance with Paragraph (c)(1)(D) of this Rule except for a sealed, watertight chamber serving an individual building, in which case a minimum storage capacity of eight hours shall be required.  All other applicable requirements for pump tanks and pump dosing systems in accordance with Paragraph (c) of this Rule shall also apply to raw sewage lift stations.

 

History Note:        Authority G.S. 130A‑335 (e)(f)(f1)[2nd];

Eff. July 1, 1982;

Amended Eff. August 1, 1991; January 1, 1990;

Temporary Amendment Eff. January 1, 1999;

Amended Eff. August 1, 2000.

 

15a ncac 18a .1953       PREFABRICATED SEPTIC TANKS AND PUMP TANKS

When prefabricated concrete tanks or tanks of other material are used, they shall be constructed in accordance with the plans which have been approved by the State and shall comply with all requirements of this Section.  At least three complete sets of plans and specifications for the initial design of the prefabricated septic tank or subsequent changes and modifications shall be submitted to the Department of Environment, and Natural Resources, On-Site Wastewater Section, PO Box 29594, Raleigh, North Carolina 27626-0594.  Separate plans and specifications for the design of each septic tank or pump tank to be produced shall be submitted to the On-Site Wastewater Section for approval.  These plans and specifications shall show the design of the septic tank in detail, including:

(1)           All pertinent dimensions;

(2)           Reinforcement material and location;

(3)           Material strength;

(4)           Liquid depth;

(5)           Pipe penetration, joint material and method of sealing;

(6)           Access manhole riser, lid, and other proposed appurtenances to the septic tank;

(7)           Approved effluent filter(s), filter support detail and filter access detail; and

(8)           Other design features.

 

History Note:        Authority G.S. 130A‑335 (e)(f)f1)[2nd];

Eff. July 1, 1982;

Amended Eff. January 1, 1990;

Temporary Amendment Eff. January 1, 1999;

Amended Eff. August 1, 2000.

 

15A NCAC 18A .1954       MINIMUM STANDARDS FOR PRECAST REINFORCED CONCRETE TANKS

(a)  The following are minimum standards of design and construction of precast reinforced concrete septic tanks:

(1)           The minimum requirement for the liquid depth is 36 inches.

(2)           A minimum of nine inches freeboard is required, the freeboard being the air space between the top of the liquid and the bottom side of the lid or cap of the tank.

(3)           The length of the septic tank shall be at least twice as long as the width.

(4)           There shall be three inlet openings in the tank, one on the tank end and one on each sidewall of the inlet end of the tank.  The blockouts for these openings shall leave a concrete thickness of not less than one inch in the tank wall.  The blockouts shall be made for a minimum of four‑inch pipe or a maximum of six‑inch pipe.  The outlet pipe penetration of the tank shall be through a resilient, watertight, sealed, non-corrosive and flexible connective sleeve.  The outlet pipe penetration shall be precast to be compatible with the connective sleeve.  No pipe penetration points or openings shall be permitted below the tank liquid level.

(5)           The inlet pipe in the tank shall be a straight pipe.

(6)           The outlet shall be through an approved effluent filter secured in place in an effluent filter support case.  The effluent filter support case shall serve as a functioning sanitary tee with the bottom inlet extending down between 25 and 40 percent of the liquid depth.  The approved effluent filter and support case shall be furnished by the septic tank manufacturer.  The invert of the outlet shall be at least two inches lower in elevation than the invert of the inlet.

(7)           Other equivalent methods of supporting the effluent filter and for making the pipe penetrations shall be approved by the On-Site Wastewater Section. 

(8)           In order to obtain approval of an effluent filter, the filter manufacturer shall submit to the State the following information with supporting documentation:

(A)          For each septic tank system that is designed to treat 3,000 gallons per day or less of sewage, a written certification that the effluent filter is designed, constructed, and performs in compliance with G.S. 130A-335.1(a)(1)(2)(3), and (4);

(B)          Sizing as to capacity and wastewater strength for all models of proposed filters to be approved; and

(C)          Specifications for application, installation, operation, and maintenance.

(9)           All tanks shall be manufactured with a cast‑in‑place partition so that the tank contains two compartments. The partition shall be located at a point not less than two‑thirds nor more than three‑fourths the length of the tank from the inlet end.  The top of the partition shall terminate two inches below the bottom side of the tank top in order to leave space for air or gas passage between compartments.  The top and bottom halves of the partition shall be cast in such manner as to leave a water passage slot four inches high for the full width of the tank.  The partition (both halves) shall be reinforced by the placing of six‑inch by six‑inch No. 10 gage welded reinforcing wire.  The reinforcing wire shall be bent to form an angle of 90 degrees on the ends in order to form a leg not less than four inches long.  When the wire is placed in the mold the four‑inch legs should lay parallel with the sidewall wire and adjacent to it.  It is recognized that there are other methods of constructing a partition or two‑compartment tank.  Any method other than the one described will be considered on an individual basis for approval by the On-Site Wastewater Section.  However, the tank wall thickness must remain not less than two and one‑half inches thick throughout the tank except for the pipe penetrations.

(10)         Adequate access openings must be provided in the tank top.  Access shall be provided for cleaning or rodding out of the inlet pipe, for cleaning or clearing the air or gas passage space above the partition, for pumping of each compartment, and for the maintenance of the effluent filter.  This shall be accomplished by properly locating two manholes or access openings with each having a minimum opening of 15 inches by 15 inches or 17 inches in diameter as the opening cuts the plane of the bottom side of the top of the tank or other equidimensional opening with at least 225 square inches.  The manhole covers shall be beveled on all sides in such manner as to accommodate a uniform load of 150 pounds per square foot without damage to the cover or the top of the tank.  If the top of the tank is to be multislab construction, the slabs over the inlet of the tank, partition, and outlet of the tank must not weigh in excess of 150 pounds each.  Multislab construction allows for the elimination of the manholes.  Manhole covers, tank lids, access opening covers, or slabs shall have a handle of steel or other rot‑resistant material equivalent in strength to a No. 3 reinforcing rod (rebar).

(11)         The concrete tank and tank lid shall be reinforced by using a minimum reinforcing of six‑inch by six‑inch No. 10 gage welded steel reinforcing wire in the top, bottom ends, and sides of the tank.  The reinforcing wire shall be lapped at least six inches.  Concrete cover shall be required for all reinforcement.  Reinforcement shall be placed to maximize the structural integrity of the tank.  The tank, tank lid, riser and riser cover shall be able to withstand a uniform live loading of 150 pounds per square foot in addition to all loads to which an underground tanks, riser, or riser cover is normally subjected, such as the dead weight of the concrete and soil cover, active soil pressure on tank walls, and the uplifting force of the ground water.  Additional reinforcement shall be required when the loads on a concrete tank, riser, or riser cover are exceeded by subjecting it to vehicular traffic or when the top of the tank is placed deeper than three feet below the finished grade.

(12)         The top, bottom, ends, and sides of the tank must have a minimum thickness of two and one‑half inches.

(13)         A minimum 28‑day concrete compressive strength of 3,500 pounds per square inch shall be used in the construction of the septic tank, concrete access riser and riser cover.  The concrete shall achieve a minimum compressive strength of 3,000 pounds per square inch prior to removal of the tank from the place of manufacture.  It shall be the responsibility of the manufacturer to certify that this condition has been met prior to shipment.  A septic tank shall be subject to testing to ascertain the strength of the concrete prior to its being approved for installation.  Recognized devices for testing the strength of concrete include a properly calibrated Schmidt Rebound Hammer or Windsor Probe Test.  Accelerated curing in the mold by use of propane gas or other fuels is prohibited, except in accordance with accepted methods and upon prior approval of the State.

(14)         After curing, tanks manufactured in two sections and as required, concrete risers shall be joined and sealed at the joint by using a mastic, butyl rubber, or other pliable sealant that is waterproof, corrosion‑resistant, and approved for use in septic tanks.  The sealant shall have a minimum size of one inch nominal diameter or equivalent.  Before sealing, the joint shall be smooth, intact, and free of all deleterious substances.  Tank halves shall be properly aligned to ensure a tight seal.  The sealant shall be provided by the manufacturer.

(15)         All tanks produced shall bear an imprint identifying the manufacturer, the serial number assigned to the manufacturer's plans and specifications approved by the State, and the liquid or working capacity of the tanks.  This imprint shall be located to the right of the blockout made for the outlet pipe on the outlet end of the tank.  All tanks shall also be permanently marked with the date of manufacture adjacent to the tank imprint or on the top of the tank directly above the imprint.

(16)         Risers and access covers shall have a clear opening sized to allow for maintenance and removal of internal devices of the septic tank and shall not allow accidental entry.  The access cover and tank lid shall be designed, constructed, and maintained to prevent unauthorized access.  Risers shall be sealed watertight where they join the top of the septic tank, and constructed to prevent water inflow through the lid or cover.

(b)  Pump tanks shall meet the construction requirements of Paragraph (a) of this Rule with the following modifications.

(1)           Tanks shall be cast with a single compartment, or, if a partition is provided, the partition shall be cast to contain a minimum of two four‑inch diameter circular openings, or equivalent, located no more than 12 inches above the tank bottom.

(2)           There shall be no requirement as to tank length, width, or shape, provided the tank satisfies all other requirements of this Section.

(3)           The invert of the inlet openings shall be located within 12 inches of the tank top.  No freeboard shall be required in the pump tank.

(4)           After joining, tanks manufactured in two sections shall be plastered along the joint with hydraulic cement, cement mortar, or other waterproofing sealant.  Other methods of waterproofing tanks may be used as specifically approved in the plans and specifications for the tank.  Prior to backfilling, the local health department shall make a finding that a two section tank is watertight if a soil wetness condition is present within five feet of the elevation of the top of the tank.

(5)           Tanks shall be vented and accessible for routine maintenance.  A watertight access manhole with removable lid shall be provided over the pump with a minimum diameter of 24 inches.  The access manhole shall extend at least to six inches above finished grade and be designed and maintained to prevent surface water inflow.  Larger or multiple manholes shall be provided when two or more pumps are required.  Pumps shall be removable without requiring entrance into the tank.  Manhole lids and electrical controls shall be secured against unauthorized access.  Manhole risers shall be joined to the tank top and sealed in accordance with Paragraphs (a)(14) and (b)(4) of this Rule.

(6)           All pump tanks shall bear an imprint identifying the manufacturer, pump tank serial number assigned by the Division of Environmental Health, and the liquid or working capacity of the tank.  The imprint shall be located to the left of the outlet blockout.  All tanks shall also be permanently marked with the date of manufacture adjacent to the tank imprint or on the top of the tank directly above the imprint.

(c)  Plans for prefabricated tanks, risers and riser covers, other than those approved under Paragraph (a) or (b) of this Rule shall be approved on an individual basis as determined by the information furnished by the designer which indicates the tank, riser or riser cover will provide equivalent effectiveness as those designed in accordance with the provisions of Paragraphs (a) and (b) of this Rule.

(d)  Tanks other than approved prefabricated tanks shall be constructed consistent with the provisions of this Rule except as follows:

(1)           Cast‑in‑place concrete septic and pump tanks shall have a minimum wall thickness of six inches.

(2)           Concrete block or brick masonry tanks shall have a minimum wall thickness of at least six inches when the design volume is less than 1,000 gallons and a minimum wall thickness of at least eight inches when the design volume is 1,000 gallons or more.  All joints between masonry units shall be mortared using masonry cement mortar or equivalent.  The joints shall have a nominal thickness of three‑eighths inch.  All concrete block masonry tanks shall have a minimum wall reinforcement of number three reinforcing bars on 20‑inch centers, or equivalent.  The maximum allowable reinforcement spacing in either direction shall be four feet.  All block wall cores shall be filled with concrete with a minimum compressive strength of 3,000 pounds per square inch.  All tanks constructed of block or brick shall be plastered on the inside with a 1:3 mix (one part cement, three parts sand) of Portland cement at least three‑eighths inch thick or the equivalent using other approved waterproofing material.

(3)           The bottom of the built‑in‑place tank shall be poured concrete with a minimum thickness of four inches.  All built‑in‑place tanks shall be reinforced to satisfy the structural strength requirements of Paragraph (a)(9) of this Rule.  Reinforcement shall be placed in both directions throughout the entire tank, including top, bottom, walls, and ends.

(e)  Manufacturers of septic tanks, effluent filters, pump tanks, risers, and riser locators shall comply with the General Statutes, this Section, and Approval conditions.  If the approved products or materials are found to be in non-compliance, the Operation Permit shall not be issued or shall be denied.  The State shall suspend or revoke the product approval upon a finding that the information submitted is falsified, the product has been subsequently altered, or subsequent experience with the product results in altered conclusions about its design or performance.  Suspension or revocation of the product approval shall not affect systems previously installed pursuant to the approval.

 

History Note:        Authority G.S. 130A‑335 (e)(f)f1)[2nd];

Eff. July 1, 1982;

Amended Eff. August 1, 1991; January 1, 1990;

Temporary Amendment Eff. January 1, 1999;

Amended Eff. August 1, 2000.

 

15A NCAC 18A .1955       DESIGN INSTALLATION CRITERIA FOR CONVENTIONAL SEWAGE SYSTEMS

(a)  Conventional septic tank systems shall utilize a septic tank of approved construction with an approved effluent filter and support case, access devices, and design volume which provides primary treatment of the sewage in accordance with the provisions of these Rules.  The effluent filter support case shall be solvent welded to a PVC Schedule 40 outlet pipe with a minimum diameter of three inches inserted through the outlet connective sleeve creating a watertight and mechanically sound joint and shall extend at least 24 inches beyond the tank outlet.  The filter and support case shall be installed and maintained in accordance with the filter manufacturer's specifications.  The effluent filter shall be accessible without the operator entering the septic tank and removable by hand.  The effluent filter shall be secured in the support case and located under the outlet access opening or manhole.  When the top of the septic tank or access manhole is installed below finished grade, the location of each access opening or manhole shall be visibly marked at finished grade.  The visible marker(s) shall be located over or within a five foot radius of each access opening or manhole.  The marker(s) shall be identified as a septic tank locator.  When not placed over each access opening or manhole, the marker(s) shall indicate location of tank access opening(s) or manhole(s). The filtered effluent from the septic tank shall be conveyed to an approved nitrification line where the soil provides for final treatment and disposal of the sewage.

(b)  Table II shall be used in determining the maximum long‑term acceptance rate for septic tank systems of conventional trench design.  The long‑term acceptance rate shall be based on the most hydraulically limiting naturally occurring soil horizon within three feet of the ground surface or to a depth of one foot below trench bottom, whichever is deeper.

 

TABLE II

 

     LONG‑TERM

SOIL GROUP                       SOIL TEXTURE CLASSES                                              ACCEPTANCE RATE

(USDA CLASSIFICATION)                                                              gpd/ft2

 

I                                              Sands                                     Sand                                                       1.2 ‑ 0.8

                                (With S or PS                        Loamy Sand

structure and

clay mineralogy)

 

II                                             Coarse Loams                      Sandy Loam                                        0.8 ‑ 0.6

                                (With S or PS                        Loam

structure and

clay mineralogy)

 

III                                           Fine Loams                           Sandy Clay Loam                                               0.6 ‑ 0.3

                                (With S or PS                        Silt Loam

structure and                        Clay Loam

clay mineralogy)                  Silty Clay Loam

Silt

 

IV                                           Clays                                      Sandy Clay                                           0.4 ‑ 0.1

                                (With S or PS                        Silty Clay

structure and                        Clay

clay mineralogy)

 

The long‑term acceptance rate shall not exceed the mean rate for the applicable soil group for food service facilities, meat markets, and other places of business where accumulation of grease can cause premature failure of a soil absorption system.  Long‑term acceptance rates up to the maximum for the applicable soil group may be permitted for facilities where data from comparable facilities indicates that the grease and oil content of the effluent will be less than 30 mg/l and the chemical oxygen demand (COD) will be less than 500 mg/l.

(c)  The design daily sewage flow shall be divided by the long‑term acceptance rate to determine the minimum area of nitrification trench bottom.  The total length of the nitrification line shall be determined by dividing the required area of nitrification trench bottom by the trench width, not to exceed 36 inches.  Trenches shall be located not less than three times the trench width on centers with a minimum spacing of five feet on centers.

(d)  The local health department may permit the use of a bed system on sites where the soil texture can be classified into either Soil Groups I, II, or III, meeting the other requirements of this Section, and only on lots which are limited by topography, space, or other site‑planning considerations.  In such cases, the number of square feet of bottom area needed shall be increased by 50 percent over what would be required for a trench system.  Nitrification lines shall be at least 18 inches from the side of the bed and shall have lines on three‑foot centers.  When the design daily flow exceeds 600 gallons per day, bed systems shall not be used.

(e)  The pipe or tubing used between the septic tank and the nitrification line shall be a minimum of three‑inch nominal size Schedule 40 polyvinyl chloride (PVC), polyethylene (PE), or acrylonitrile‑butadiene‑styrene (ABS) or equivalent with a minimum fall of one‑eighth inch per foot.  However, three‑inch or greater nonperforated polyethylene (PE) corrugated tubing may be substituted for Schedule 40 pipe between a distribution device and the nitrification line if the following conditions are met:

(1)           the trench has a minimum bottom width of one foot;

(2)           the trench bed is compacted, smooth, and at a uniform grade;

(3)           the pipe is placed in the middle of the trench with a minimum of three inches of clearance between the pipe and the trench walls;

(4)           washed stone or washed gravel envelope is placed in the trench on both sides of the pipe and up to a point at least two inches above the top of the pipe;

(5)           a minimum of six inches of soil cover is placed and compacted over the stone or gravel envelope; and

(6)           earthen dams consisting of two feet of undisturbed or compacted soil are placed at both ends of the trench separating the trench from the distribution device and the nitrification line.

All joints from the septic tank to the nitrification line shall be watertight.

(f)  When four or six‑inch diameter corrugated plastic tubing is used for nitrification lines, it shall be certified as complying with ASTM F 405, Standard Specification for Corrugated Polyethylene (PE) Tubing and Fittings, which is hereby adopted by reference in accordance with G.S. 150B-21.6.  The corrugated tubing shall have three rows of holes, each hole between one‑half inch and three‑fourths inch in diameter, and spaced longitudinally approximately four inches on centers.  The rows of holes may be equally spaced 120 degrees on centers around the periphery, or three rows may be located in the lower portion of the tubing, the outside rows being approximately on 120‑degree centers.  The holes may be located in the same corrugation or staggered in adjacent corrugations.  Other types of pipe may be used for nitrification lines provided the pipe satisfies the requirements of this Section for hole size and spacing and the pipe has a stiffness equivalent to corrugated polyethylene tubing (ASTM F‑405) or stronger.  The nitrification line shall be located in the center of the nitrification trench.

(g)  Nitrification trenches shall be constructed as level as possible but in no case shall the fall in a single trench bottom exceed one‑fourth inch in 10 feet as determined by an engineer's level or equivalent.  When surface slopes are greater than two percent, the bottom of the nitrification trenches shall follow the contour of the ground.  An engineer's level or equivalent shall be used for installation and inspection.  The nitrification trench shall not exceed a width of three feet and a depth of three feet, except as approved by the local health department.

(h)  Rock used in soil absorption systems shall be clean, washed gravel or crushed stone and graded or sized in accordance with size numbers 3, 4, 5, 57, or 6 of ASTM D‑448 (standard sizes of coarse aggregate) which is hereby adopted by reference in accordance with G.S.150B-21.6.  Copies may be inspected in, and copies obtained from the Division of Environmental Health, P.O. Box 27687, Raleigh, North Carolina  27611‑7687. The rock shall be placed a minimum of one foot deep with at least six inches below the pipe and two inches over the pipe and distributed uniformly across the trench bottom and over the pipe.

(i)  The soil cover over the nitrification field shall be to a depth of at least six inches.  The finished grade over the nitrification field shall be landscaped to prevent the ponding of surface water and runoff of surface water shall be diverted away from the nitrification field.  Soil cover above the original grade shall be placed at a uniform depth over the entire nitrification field, except as required to prevent the ponding of surface water, and shall extend laterally five feet beyond the nitrification trench.  The soil cover shall be placed over a nitrification field only after proper preparation of the original ground surface.  The type of soil cover and placement shall be approved by the local health department.

(j)  Effluent distribution devices, including distribution boxes, flow dividers, and flow diversion devices, shall be of sound construction, watertight, not subject to excessive corrosion, and of adequate design as approved by the local health department.  Effluent distribution devices shall be separated from the septic tank and nitrification lines by a minimum of two feet of undisturbed or compacted soil and shall be placed level on a solid foundation of soil or concrete to prevent differential settlement of the device.  The installer shall demonstrate that the distribution devices perform as designed.

(k)  Grease traps or grease interceptors shall be required at food service facilities, meat markets, and other places of business where the accumulation of grease can cause premature failure of a soil absorption system.  The following design criteria shall be met:

(1)           The grease trap shall be plumbed to receive all wastes associated with food handling and no toilet wastes;

(2)           The grease trap liquid capacity shall be sufficient to provide for at least five gallons of storage per meal served per day, or at least two‑thirds of the required septic tank liquid capacity, or a capacity as determined in accordance with the following:

 

LC          =              D x GL x ST x HR/2 x LF

 

where     LC          =              grease trap liquid capacity (gallons)

D             =              number of seats in dining area

GL          =              gallons of wastewater per meal (1.5 single‑service; 2.5 full service)

ST           =              storage capacity factor      =              2.5

HR          =              number of hours open

LF           =              loading factor                       =              (1.25 interstate highway

=              1.0 other highways and recreational areas

=              0.8 secondary roads)

 

(3)           Two or more chambers must be provided, with total length‑to‑width ratio at least 2:1.  Chamber opening and outlet sanitary tee must extend down at least 50 percent of the liquid depth.

(4)           Access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and sanitary tee.  The access manholes shall extend at least to finished grade and be designed and maintained to prevent surface water infiltration.  The manholes shall also have readily removable covers to facilitate inspection, filter maintenance, and grease removal.

(5)           One tank or multiple tanks, in series, shall be constructed in accordance with Rules .1952, .1953, and .1954 of this Section, and the provisions of Paragraphs (k)(3) and (k)(4) of this Rule.

(6)           Where it has been demonstrated that specially designed grease interceptors will provide improved performance, the grease trap liquid capacity may be reduced by up to 50 percent.

(l)  Stepdowns or drop boxes may be used where it is determined by the local health department that topography prohibits the placement of nitrification trenches on level grade.  Stepdowns shall be constructed of two linear feet of undisturbed soil and constructed to a height which fully utilizes the upstream nitrification trench.  Effluent shall be conveyed over the stepdown through nonperforated pipe or tubing and backfilled with compacted soil.  Drop boxes shall be constructed so that the invert of the inlet supply pipe is one inch above the invert of the outlet supply pipe which is connected to the next lower drop box.  The top of the trench outlet laterals, which allow effluent to move to the nitrification lines, shall be two inches below the invert of the outlet supply line.  Area taken up by stepdowns and drop boxes shall not be included as part of the minimum area required for nitrification trench bottoms.

(m)  Nitrification trenches shall be installed with at least one foot of naturally occurring soil between the trench bottom and saprolite, rock, or any soil horizon unsuitable as to structure, clay mineralogy or wetness.  If the separation between the bottom of the nitrification trench and any soil wetness condition is less than 18 inches, and if more than six inches of this separation consists of Group I soils, a low pressure pipe system shall be required.

(n)  If sewage effluent pumps are used, the applicable requirements of Rule .1952 of this Section shall apply.

(o)  Collection sewers shall be designed and constructed in accordance with the following minimum criteria:

(1)           Building drains and building sewers shall be in accordance with the state plumbing code and approved by the local building inspector.

(2)           Pipe material shall be specified to comply with the applicable ASTM standards, with methods of joining and other special installation procedures specified which are appropriate for the pipe to be used.

(3)           Gravity sewers shall be designed to maintain scour velocities of at least two feet per second with the pipe half full and a minimum of one foot per second at the peak projected instantaneous flow rate.  Force mains shall be sized to obtain at least a two‑foot per second scour velocity at the projected pump operating flow rate.

(4)           Infiltration and exfiltration shall not exceed 100 gallons per day per inch diameter per mile of gravity sewer pipe or 20 gallons per day per inch diameter per mile of pressure pipe in force mains and supply lines.

(5)           Three‑foot minimum cover shall be provided for all sewers unless ferrous material pipe is specified.  Ferrous material pipe or other pipe with proper bedding to develop design‑supporting strength shall be provided where sewers are subject to traffic‑bearing loads.

(6)           Manholes shall be used for sewers at any bends, junctions, and at least every 425 feet along the sewer lines. Drop manholes are required where the inlet to outlet elevation difference exceeds 2.5 feet.  Manhole lids shall be watertight if located below the 100‑year flood elevation, within 100 feet of any public water supply source, or within 50 feet of any private water supply source or any surface waters classified WS‑I, WS‑II, WS‑III, SA, SB, or B.

(7)           Cleanouts may be used instead of manholes for four‑inch and six‑inch sewers serving one or two buildings or as otherwise allowed by the North Carolina Plumbing Code.  When used, cleanouts are required at least every 50 feet for four‑inch sewers and every 100 feet for six‑inch sewers and at all junctions and bends which exceed 45 degrees.

(8)           Additional ventilation provisions may be required for collection sewers.  Air relief valves shall be provided as needed for force mains.

(p)  Alternating dual field nitrification systems may be utilized where soils are limited by high clogging potentials (Soil Groups III and IV) and where the potential for malfunction and need for immediate repair is required.  Alternating dual nitrification fields shall be designed with two complete nitrification fields, each sized a minimum of 75 percent of the total area required for a single field and separated by an effluent flow diversion valve.  The diversion valve shall be constructed to resist 500 pounds crushing strength, structurally sound, and shall be resistant to corrosion.  Valves placed below ground level shall be provided with a valve box and suitable valve stem so that they may be operated from the ground surface.

 

History Note:        Authority G.S. 130A‑335 (e)(f)(f1)[2nd];

Eff. July 1, 1982;

Amended Eff. August 1, 1991; January 1, 1990; August 1, 1988; February 1, 1987;

Temporary Amendment Eff. January 1, 1999;

Amended Eff. August 1, 2000.

 

15A NCAC 18A .1956       MODIFICATIONS TO SEPTIC TANK SYSTEMS

The following are modifications to septic tank systems or sites which may be utilized singly or in combination to overcome selected soil and site limitations. Except as required in this Rule, the provisions for design and installation of Rule .1955 and .1970 of this Section shall apply:

(1)           SHALLOW SYSTEMS: Sites classified UNSUITABLE as to soil depth or soil wetness may be reclassified as PROVISIONALLY SUITABLE with respect to soil depth or soil wetness conditions by utilizing shallow placement of nitrification trenches in the naturally occurring soil. Shallow trenches may be used where at least 24 inches of naturally occurring soil are present above saprolite, rock, or soil wetness conditions and all other factors are PROVISIONALLY SUITABLE or SUITABLE. Shallow trenches shall be designed and constructed to meet the vertical separation requirements in Rule .1955(m) or .1970 of this Section. The long-term acceptance rate shall be based on the most hydraulically limiting naturally occurring soil horizon within 24 inches of the ground surface or to a depth of one foot below the trench bottom, whichever is deeper. Soil cover above the original grade shall be placed at a uniform depth over the entire nitrification field and shall extend laterally five feet beyond the nitrification trench. The type and placement of soil cover shall be approved by the local health department.

(2)           DRAINAGE AND RESTRICTIVE HORIZONS: Sites classified UNSUITABLE as to soil wetness conditions or restrictive horizons may be reclassified PROVISIONALLY SUITABLE as to soil wetness conditions or restrictive horizons when:

(a)           Soils are Soil Groups I or II with SUITABLE structure, and clay mineralogy;

(b)           Restrictive horizons, if present, are less than three inches thick or less than 12 inches from the soil surface;

(c)           Modifications can be made to meet the requirements in Rule .1955(m) of this Section for the separation between the water table and the bottom of the nitrification trench at all times and when provisions are made for maintenance of the drainage systems;

(d)           Easements are recorded and have adequate width for egress and ingress for maintenance of drainage systems serving two or more lots; and

(e)           Maintenance of the drainage system is made a condition of any permit issued for the use or operation of a sanitary sewage system.

Drainage may be used in other types of soil when the requirements of Rule .1942, .1970 or .1948(d) in this Section are met.

(3)           MODIFIED TRENCHES: Modified nitrification trenches or lines, including large diameter pipe (greater than four inches I.D.), and specially designed porous block systems may be permitted by the local health department as follows:

(a)           GRAVELLESS TRENCHES: Gravelless nitrification trench systems may be substituted for conventional trench systems on any site found to be SUITABLE or PROVISIONALLY SUITABLE in accordance with Rules .1940 to .1948 of this Section to eliminate the need for gravel, minimize site disturbance, or for other site planning considerations. Gravelless nitrification trench systems shall not be used, however, where wastes contain high amounts of grease and oil, such as restaurants. Large diameter pipe systems and porous block systems may be permitted by the local health department as follows:

(i)            Large diameter pipe systems shall consist of eight-inch or 10-inch (inside diameter), corrugated, polythylene tubing encased in a nylon, polyester, or nylon/polyester blend filter wrap installed in a nitrification trench, 12 or more inches wide and backfilled with soil classified as soil group I, II, or III. Nitrification area requirement shall be determined in accordance with Rules .1955(b) and .1955(c), or in Rule .1956(6)(b), Table III(a) of this Section, when applicable, with eight-inch tubing considered equivalent to a two-foot-wide conventional trench and 10-inch tubing considered equivalent to a two and one-half-foot-wide conventional trench. The long-term acceptance rate shall not exceed 0.8 gallons per day per square foot. Tubing and fittings shall comply with the requirements of ASTM F-667, "Standard Specification for Large Diameter Corrugated Polyethylene Pipe and Fittings, "which is hereby incorporated by reference including any subsequent amendments and editions. Copies of the standards may be inspected at the Division of Environmental Health Central Office, located at 2728 Capital Blvd., Raleigh, NC, and copies may be downloaded from the Internet at http://www.astm.org, or obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19438-2959, at a cost of thirty dollars ($30.00).  The corrugated tubing shall have two rows of holes, each hole between three-eighths and one-half-inch in diameter, located 120 degrees apart along the bottom half of the pipe (each 60 degrees from the bottom center line) and staggered so that one hole is present in the valley of each corrugation. The tubing shall be marked with a visible top location indicator, 120 degrees away from each row of holes. Filter wrap shall be spun, bonded, or spunlaced nylon, polyester, or nylon/polyester blend nylon filter wrap meeting the minimum requirements in Table III(a):

 

Table III(a): Minimum Filter Wrap Requirements for Large Diameter Pipe Systems

PROPERTY

VALUE

Unit Weight

1.0 ounce per square yard

Sheet Grab Tensile Strength

Machine Direction: 23 pounds

Trapezoid Tear Strength

Machine Direction: 6.2 pounds

Cross Direction: 5.1 pounds

Mullen Burst Strength

40 pounds per square inch or

276 kilopascals

Frazier Air Permeability

500 cubic feet per minute per square foot at pressure differential of 0.5 inches of water

 

Corrugated tubing shall be covered with filter wrap at the factory and each joint shall be immediately encased in a black polyethylene sleeve which shall continue to encase the large diameter pipe and wrap until just prior to installation in the trench to prevent physical damage and ultraviolet radiation deterioration of the filter wrap. Large diameter pipe systems shall be installed in accordance with this Rule and the manufacturer's guidelines. The trench bottom and pipe shall be level (with a maximum fall of one inch in 100 feet). Rocks and large soil clumps shall be removed from backfill material prior to being used. Clayey soils (soil group IV) shall not be used for backfill. The near end of the large diameter pipe shall have an eight-inch by four-inch offset adapter (small end opening at top) suitable for receiving the pipe from the septic tank or distribution device and making a mechanical joint in the nitrification trench.

(ii)           A Prefabricated, Permeable Block Panel System (PPBPS), utilizing both horizontal and vertical air chambers and constructed to promote downline and horizontal distribution of effluent, may be used under the following conditions:

(A)          the soil and site criteria of this Section shall be met;

(B)          in calculating the required linear footage for a PPBPS's nitrification field, the linear footage for the nitrification line as determined in Rule .1955 (b) and (c), or in Rule .1956 (6)(b), Table III(a) of this Section when applicable, shall be multiplied by 0.5 for a 16 inch PPBPS;

(C)          installation of the PPBPS shall be in accordance with Rule .1955 except:

(I)            the PPBPS trench shall be located not less than eight feet on centers;

(II)          the installation shall be in accordance with the manufacturer's specifications; and

(III)        the sidewalls of nitrification trenches placed in Group IV soils shall be raked to open pores which were damaged or sealed during excavation;

(D)          where design sewage flow is more than 480 gallons per day, the system shall be pressure-dosed; and

(E)           the long-term acceptance rate shall not exceed 0.8 gallons per day per square foot.

(b)           Other types of nitrification trenches or lines may be approved by the local health department on a site-specific basis in accordance with Rule .1969 of this Section.

(4)           INTERCEPTOR DRAINS: Sites classified as UNSUITABLE as to soil wetness conditions because of the presence of lateral water movement may be reclassified PROVISIONALLY SUITABLE as to soil wetness conditions when such water is intercepted and diverted to prevent saturation of the soil absorption system.

(5)           STEEP SLOPES: Stable slopes greater than 30 percent may be reclassified as PROVISIONALLY SUITABLE when:

(a)           The soil characteristics can be classified as SUITABLE or PROVISIONALLY SUITABLE to a depth of at least one foot below the bottom of the nitrification trench at the upslope side of the trench;

(b)           Surface water runoff is diverted around the nitrification field if necessary to prevent scouring or erosion of the soil over the field; and

(c)           The finished grade over the nitrification field site is returned to the original topography and seeded to establish a permanent vegetative cover, unless otherwise specified by the local health department.

(6)           SAPROLITE SYSTEM: Sites classified UNSUITABLE as to soil depth, with saprolite present, may be reclassified PROVISIONALLY SUITABLE as to soil depth when:

(a)           An investigation of the site using pits at locations specified by the local health department is conducted. The following physical properties and characteristics shall be present in the two feet of saprolite below the proposed trench bottom:

(i)            the saprolite texture is sand, loamy sand, sandy loam, loam, or silt loam;

(ii)           clay mineralogy is suitable;

(iii)          greater than two-thirds of the material has a moist consistence that is loose, very friable, friable, or firm;

(iv)          the saprolite wet consistence is nonsticky or slightly sticky and nonplastic or slightly plastic;

(v)           the saprolite is in an undisturbed, naturally occurring state; and

(vi)          the saprolite has no open and continuous joints, quartz veins, or fractures that are relic of parent rock to a depth of two feet below the proposed trench bottom.

(b)           Table III(b) is used in determining the long-term acceptance rate. The long-term acceptance rate shall be based on the most hydraulically limiting, naturally occurring saprolite to a depth of two feet below trench bottom.

 

Table III(b): Long-Term Acceptance Rates for Saprolite Systems

SAPROLITE GROUP

SAPROLITE TEXTURAL CLASS

LONG-TERM ACCEPTANCE RATE (gallons per day per square foot)

I

Sands

Sand

0.8 – 0.6

Loamy Sand

0.7 – 0.5

II

Loams

Sandy Loam

0.6 – 0.4

Loam

0.4 – 0.2

Silt Loam

0.3 – 0.1

 

If a low pressure pipe system is used, the long-term acceptance rate in Table III(b) shall be reduced by one-half and the system shall be designed in accordance with Rule 1957(a) of this Section, except that Rule .1957(a)(2)(B) and Rule .1957(a)(3) shall not apply. Other design criteria may also be used in conjunction with an advanced pretreatment system pursuant to Rule .1970. Saprolite textural classifications shall be determined from disturbed materials and determined by Rule .1941(a)(1) of this Section.  Low-pressure distribution shall be used when the total length of nitrification lines exceeds 750 feet in a single system.

(c)           The design daily flow does not exceed 1000 gallons.

(d)           The nitrification field is constructed using nitrification trenches with a maximum width of three feet and a maximum depth of three feet on the downslope side of the nitrification trench. The bottom of a nitrification trench shall be a minimum of two feet above rock or saprolite that does not meet the requirements of Subparagraph (6)(a) of this Rule, or the requirements of Subparagraph (h)(2) of Rule .1970 in conjunction with an advanced pretreatment system.  However, where SUITABLE or PROVISIONALLY SUITABLE soil underlies the trench bottom, this separation distance may be reduced by subtracting the actual soil depth beneath the trench bottom from 24 inches to establish the minimum separation distance from the trench bottom to rock.

(e)           The bottom of any nitrification trench is a minimum of two feet above any wetness condition.

(f)            Surface and subsurface interceptor drains are required on sites with more slowly permeable horizons above the usable saprolite to intercept laterally flowing waters or perched waters.

Exceptions to the provisions of Rule .1950(a) found in Rule .1950 and .1951 of this Section shall not apply to systems installed pursuant to this Item [Rule .1956(6)]. Other saprolite systems may be approved on a site-specific basis in accordance with Rule .1948(d) or .1970 of this Section.

(7)           SAND LINED TRENCH SYSTEM: Sites classified UNSUITABLE as to soil wetness, soil morphology, restrictive horizon or soil depth where a horizon with higher permeability underlies less permeable horizons, may be reclassified PROVISIONALLY SUITABLE as to soil wetness, soil morphology, restrictive horizon or soil depth (soil depth to parent material, not rock) when:

(a)           An investigation of the site using pits or auger borings at locations specified by the local health department is conducted. The following physical properties and characteristics shall be present:

(i)            if the receiving permeable horizon is deeper than five feet below the natural grade, the effluent is to receive pretreatment to TS-I or TS-II level prior to pressure dispersal in the sand lined trenches. If the receiving permeable horizon is encountered at depths of five feet or less below the natural grade, pretreatment to TS-I or TS-II level and pressure dispersal is not required;

(ii)           the texture of the receiving permeable horizon is sand, loamy sand, sandy loam, loam, or silt loam;

(iii)          the structure of the receiving horizon is classified as SUITABLE or PROVISIONALLY SUITABLE;

(iv)          the moist consistence of the receiving permeable horizon is loose, very friable, friable, or firm;

(v)           if the receiving permeable horizon has zones of heavier textured materials, these zones are discontinuous with an average thickness not exceeding 1/3 of the required thickness of the receiving permeable horizon;

(vi)          if the texture of the receiving permeable horizon is sandy loam or loam, and the system design flow is greater than 600 gallons per day, the saturated hydraulic conductivity of the permeable horizon shall be field-determined; and

(vii)         if the texture of the receiving permeable horizon is silt loam, the saturated hydraulic conductivity of the permeable horizon shall be field-determined.

(b)           The minimum thickness required of the receiving permeable horizon is dependent upon the texture of the receiving horizon as follows:

(i)            sand or loamy sand – 1 foot thick;

(ii)           sandy loam or loam – 2 feet thick; or

(iii)          silt loam – 3 feet thick.

(c)           Table III(c) is used in determining the long-term acceptance rate (LTAR) for all sand-lined trench systems. The long-term acceptance rate shall be:

(i)            the rate set forth in Table III(c), based on the most hydraulically limiting, naturally occurring soils overlying the permeable receiving layer, or

(ii)           when the saturated hydraulic conductivity of the underlying horizons is required to be determined pursuant to Subitem (7)(a)(vi) or Subitem (7)(a)(vii) of this Rule, either the rate set forth in Table III(c), based on the most hydraulically limiting, naturally occurring soils overlying the permeable receiving layer, or 10 percent of the saturated hydraulic conductivity of the underlying permeable horizon (or 20 percent with TS-I or TS-II pretreatment), whichever is less.

 

 

 

Table III(c): Long-Term Acceptance Rates for Sand Lined Trench Systems

SOIL GROUP

TEXTURAL CLASS OF MOST HYDRAULICALLY LIMITING OVERLYING SOIL HORIZON

DISTRIBUTION OR

PRETREATMENT CONDITION

LONG-TERM

ACCEPTANCE RATE (LTAR)

(gallons per day per square foot, on trench bottom area

basis)*

I

Sands (Sand, Loamy Sand)

Gravity Distribution

0.7 – 0.9

Pressure Dispersal

0.8 – 1.2

Pressure Dispersal and TS-I or TS-II pretreatment

0.9 – 1.4

II

Coarse Loams (Sandy Loam, Loam)

Gravity Distribution

0.5 – 0.7

Pressure Dispersal

0.6 – 0.8

Pressure Dispersal and TS-I or TS-II pretreatment

0.7 – 1.0

III

Fine Loams (Sandy Clay Loam, Silt Loam, Clay Loam, Silty Clay Loam, Silt)

Gravity Distribution

0.2 - 0.4

Pressure Dispersal

0.3 – 0.6

Pressure Dispersal and TS-I or TS-II pretreatment

0.4 – 0.8

IV

Clays (Clay, Sandy Clay, Silty Clay)

Gravity Distribution

0.1 – 0.2

Pressure Dispersal

0.15 – 0.3

Pressure Dispersal and TS-I or TS-II pretreatment

0.2 – 0.4

*The LTAR for all sand-lined trench systems shall not exceed the loading rates set forth in this table or 10 percent of the saturated hydraulic conductivity of the underlying permeable horizon (or 20 percent with TS-I or TS-II pretreatment) when required to be determined pursuant to Subitem (7)(a)(vi) or Subitem (7)(a)(vii) of this Rule, whichever is less.  There shall be no reduction in trench length compared to a conventional gravel trench when accepted or innovative nitrification trenches are used.

 

If a low pressure pipe system is used, the system shall be designed in accordance with Rule .1957(a) of this Section, except that Rule .1957 (a)(2)(B) and Rule .1957(a)(3) shall not apply and trenches shall be a maximum of three feet in width. Textural classifications of the overlying material shall be determined from disturbed materials and determined by Rule .1941(a)(1) of this Section.  Pressure distribution shall be used when the total length of nitrification lines exceed 600 linear feet in a single system and pressure dispersal such as LPP or drip irrigation shall be used when the total length of nitrification lines exceeds 1200 linear feet in a single system.

(d)           A Certified Operator or a Public Management Entity with a Certified Operator is required for all sand lined trench systems, if required by Article 3 of G.S. 90A.  A Public Management Entity with a Certified Operator, if required by Article 3 of G.S. 90A, shall be required for sand lined trench systems when drainage is utilized to lower the water table on a site.

(e)           The sand lined trench system is classified as a type V system in accordance with Rule .1961 of this Section, except that the required inspection frequency shall be at least once per year by the operator and greater frequency for advanced pretreatment and pressure dispersal systems as required by Rule .1961, Rule .1969 or Rule .1970.

(f)            The design daily flow does not exceed 1000 gallons.

(g)           The nitrification field is constructed using nitrification trenches with a maximum width of three feet.  The bottom of the gravel portion of the sand lined trench shall be no deeper than 24 inches below finished grade.

(h)           The sand lined trenches are constructed to extend into the permeable horizon. If the sand lined trench bottoms are deeper than five feet below the natural grade, the effluent shall receive pretreatment to TS-I or TS-II level prior to dispersal in the sand lined trench.

(i)            Filter media used in the sand lined portion of the trench is sand or loamy sand in texture. If required by the local health department in the Construction Authorization, the installer shall provide written laboratory verification of the media textural classification and quality prior to the sand lined trench being installed. When laboratory analysis is required, the material shall be determined to be a clean, uncoated fine, medium, or coarse sand with at least 90 percent in sizes ranging from 0.1 to 1.0 millimeters, with no more than one percent smaller than 0.002 millimeters. 

(j)            Drainage is required when the sand lined trench is used and soil wetness conditions are present that are not related to lateral water movement.  Drainage shall extend into the permeable layer. Drainage shall be maintained on the site to provide for 18 inches of separation between the water table and the bottom of the gravel portion of the trench. This separation distance may be reduced to 12 inches if pressure dispersal is utilized, nine inches if advanced pretreatment meeting TS-I or TS-II is utilized and six inches if both pressure dispersal and TS-I or TS-II pretreatment are utilized.

(k)           The drainage plan is prepared by a person or persons who are licensed or registered to consult, investigate, evaluate, plan or design wastewater systems, soil and rock characteristics, ground water hydrology, or drainage systems if required in G.S. 89C, 89E, 89F, or 90A Article 4.  The drainage shall have an outlet accessed by gravity or by a designed pump drainage system.  The outlet location and elevation must be shown with relative water level elevations and drainfield site elevations labeled on the drainage plan.

(l)            Plans and specifications for a drainage system serving two or more lots are prepared in accordance with Rule .1938(c) of this Section.

(m)          All required drainage components are considered to be a part of the wastewater system and subject to ownership and easement requirements in Sub-item (2)(d) of this Rule and Paragraphs (c) and (j) of Rule .1938.

(n)           Side ditches or surface swales in a U shape around the system are used to facilitate surface water removal.  Swales shall be at least 18 inches deep and located at least 25 feet from the outer edge of the nitrification trenches.

(o)           The drainfield area is crowned at a minimum grade of one percent as measured from the centerline of the drainfield to the top of the bank of the side ditches or surface swales.

(p)           No depressions are allowed over the drainfield area, including no linear depressions shall be allowed over the trenches.

Exceptions to the provisions of Rule .1950(a) found in Rule .1950 and .1951 of this Section shall not apply to systems installed pursuant to this Item [Rule .1956(7)]. Other sand lined trench systems may be approved by the local health department on a site-specific basis in accordance with Rule .1948(d) of this Section.

 

History Note:        Authority G.S. 130A-335(e) and (f);

Eff. July 1, 1982;

Amended Eff. August 1, 2007; November 1, 1999; July 1, 1995; April 1, 1993; January 1, 1990; August 1, 1988.

 

15A NCAC 18A .1957       CRITERIA FOR DESIGN OF ALTERNATIVE SEWAGE SYSTEMS

(a)  LOW‑PRESSURE PIPE SYSTEMS:  Low‑pressure pipe (LPP) systems with a two to five‑foot pressure head may be utilized on sites which are SUITABLE or PROVISIONALLY SUITABLE for conventional or modified systems or on sites where soil and site conditions prohibit the installation of a conventional or modified septic tank system if the requirements of this Paragraph are met.

(1)           The LPP system shall consist of the following basic components:

(A)          a network of small‑diameter (one to two inches) perforated PVC 160 pounds per square inch (psi) or stronger pressure-rated pipe placed in naturally occurring soil at shallow depths (generally 12 to 18 inches) in narrow trenches not less than eight inches in width and spaced not less than five feet on center.  Trenches shall include at least five inches of washed stone or washed gravel below the pipe and two inches above the pipe; and four inches of soil cover.

(B)          an approved, two‑compartment septic tank or other approved pretreatment system, and a pumping or dosing tank;

(C)          a watertight supply manifold pipe, of Schedule 40 PVC or stronger pressure-rated material or other pressure rated pipe specified in a system designed by a registered professional engineer, for conveying effluent from the dosing chamber to the low‑pressure network.

(2)           The soil and site criteria for LPP systems shall meet the following requirements:

(A)          LPP nitrification fields shall not be installed on slopes in excess of ten percent unless design procedures to assure proper distribution of effluent over the nitrification field are approved. Landscaping of the LPP distribution field shall be constructed to shed rainwater or runoff.  All other requirements of Rule .1940 of this Section shall be met.

(B)          Site suitability for an LPP system shall be based on the first 24 inches of soil beneath the naturally occurring soil surface.  This 24 inches shall consist of SUITABLE or PROVISIONALLY SUITABLE soil as determined in accordance with Rules .1941 through .1944 and .1956 of this Section.

(C)          Location of the septic tank, other approved pretreatment unit, pumping or dosing chamber, and nitrification field shall be in accordance with Rule .1950 of this Section.  Horizontal distances from the nitrification field shall be measured from a margin two and one‑half feet beyond the lateral and manifold pipes.

(D)          There shall be no soil disturbance of the site or repair area for an LPP system except the minimum required for installation.

(E)           The available space requirements of Rule .1945 of this Section shall apply.

(3)           Table IV shall be used in determining the long‑term acceptance rate for LPP systems.  The long‑term acceptance rate shall be based on the most hydraulically limiting, naturally occurring soil horizon within two feet of the ground surface or to a depth of one foot below the trench bottom, whichever is deeper.    

Table IV

SOIL GROUP

 SOIL TEXTURAL CLASS

USDA CLASSIFICATION

LONG-TERM ACCEPTANCE RATE (gallons per day per square foot)

I

Sands

(with suitable or provisionally suitable clay mineralogy)

Sand

Loamy Sand

0.6 – 0.4

II

Coarse Loams

(with suitable or provisionally suitable clay mineralogy)

Sandy Loam

Loam

 

0.4 – 0.3

 

III

Fine Loams

(with suitable or provisionally suitable clay mineralogy)

Sandy Clay Loam

Silt Loam

Clay Loam

Silty Clay Loam

Silt

0.3 – 0.15

IV

Clays

(with suitable or provisionally suitable clay mineralogy)

Sandy Clay

Silty Clay

Clay

0.2 – 0.05

 

The long‑term acceptance rate shall not exceed 0.5, 0.35, 0.225 or 0.125 gallons per day per square foot for Soil Groups I, II, III, or IV, respectively, for food service facilities, meat markets, and other places of business where accumulation of grease can cause premature failure of a soil absorption system unless data from comparable facilities indicates that the grease and oil content of the effluent will be less than 30 milligrams per liter (mg/l) and the chemical oxygen demand (COD) will be less than 500 mg/l or an approved pretreatment system is used which is designed to produce equal or better effluent quality.

(4)           In calculating the number of square feet for the nitrification field, the design sewage flow shall be divided by the long‑term acceptance rate from Table IV.  In calculating the minimum length of trenches in the LPP system, the total square footage of the nitrification field shall be divided by five feet.

(5)           Low‑pressure systems shall be designed for uniform distribution of effluent.  The trenches shall be level and parallel to the ground elevation contours.  Laterals, manifolds and LPP drainfields shall comply with the following design criteria:

(A)          The maximum lateral length shall yield no more than a ten‑percent difference in discharge rate between the first and last hole along the lateral.

(B)          Minimum hole size shall be 5/32‑inch for at least two‑thirds of the field lateral lines.  Smaller holes (no less than 1/8‑inch) may be used in no more than one‑third of the lateral lines where necessary to balance flow distribution on sloping sites.  However, for systems serving restaurants, foodstands, meat markets and other establishments where effluent is expected to have a high clogging potential, the minimum hole size shall be 5/32‑inch.

(C)          Maximum hole spacing shall be as follows:  Soil Group I, five feet; Soil Group II, six feet; Soil Group III, eight feet; and Soil Group IV, ten feet.

(D)          The following design provisions are required for sloping sites:

(i)            Separately valved manifolds are required for all subfield segments where the elevation difference between the highest and lowest laterals exceeds three feet.

(ii)           The hole spacing, hole size or both shall be adjusted to compensate for relative head differences between laterals branching off a common supply manifold and to compensate for the bottom lines receiving more effluent at the beginning and end of a dosing cycle.  The lateral network shall be designed to achieve a ten to 30 percent higher steady state (pipe full) flow rate into the upper lines, relative to the lower lines, depending on the amount of elevation difference.

(iii)          Maximum elevation difference between the highest and lowest laterals in a field shall not exceed ten feet unless the flow is hydraulically split between subfield segments without requiring simultaneous adjustment of multiple valves.

(E)           Turn‑ups shall be provided at the ends of each lateral, constructed of Schedule 40 PVC pipe or stronger pressure-rated pipe, and protected with sleeves of larger diameter pipe (six inches or greater).  Turn‑ups and sleeves shall be cut off and capped at or above the ground surface, designed to be protected from damage, and easily accessible.

(F)           The supply manifold shall be sized large enough relative to the size and number of laterals served so that friction losses and differential entry losses along the manifold do not result in more than a 15 percent variation in discharge rate between the first and last laterals.  The supply manifold shall comply with the following design criteria:

(i)            The ratio of the supply manifold inside cross sectional area to the sum of the inside cross sectional areas of the laterals served shall exceed 0.7:1.

(ii)           The reduction between the manifold and connecting laterals shall be made directly off the manifold using reducing tees.

(iii)          Cleanouts to the ground surface shall be installed at the ends of the supply manifold.

(G)          Gate valves shall be provided for pressure adjustment at the fields whenever the supply line exceeds 100 feet in length.  Valves shall be readily accessible from the ground surface and protected in valve boxes.

(6)           Septic tanks, pump tanks, pump dosing systems, siphons, and siphon dosing tanks shall be provided in accordance with Rule .1952 of this Section.  The LPP dosing system shall comply with the following design criteria:

(A)          Design flow rate shall be based upon delivering two feet to five feet of static pressure head at the distal end of all lateral lines.

(B)          Dose volume shall be between five and ten times the liquid capacity of the lateral pipe dosed, plus the liquid capacity of the portions of manifold and supply lines which drain between doses.

(b)  FILL SYSTEM:  A fill system (including new and existing fill) is a system in which all or part of the nitrification trench(es) is installed in fill material.  A fill system, including an existing fill site, shall be approved where soil and site conditions prohibit the installation of a conventional or modified septic tank system if the requirements of Subparagraphs (b)(1) or (b)(2) of this Rule are met.

(1)           Fill systems may be installed on sites where at least the first 18 inches below the naturally occurring soil surface consists of soil that is SUITABLE or PROVISIONALLY SUITABLE with respect to soil structure and clay mineralogy, and where organic soils, restrictive horizons, saprolite or rock are not encountered.  Further, no soil wetness condition shall exist within the first 12 inches below the naturally occurring soil surface and a groundwater lowering system shall not be used to meet this requirement.  Fill systems shall not be utilized on designated wetlands unless the proposed use is specifically approved in writing by the designating agency.  The following requirements shall also be met:

(A)          Nitrification trenches shall be installed with at least 24 inches separating the trench bottom and any soil horizon UNSUITABLE as to soil structure, clay mineralogy, organic soil, rock or saprolite.  However, if a low pressure pipe system is used, the minimum separation distance shall be 18 inches.

(B)          Nitrification trenches shall be installed with at least 18 inches separating the trench bottom and any soil wetness condition.  This separation requirement for soil wetness conditions may be met with the use of a groundwater lowering system only in Soil Groups I and II, with SUITABLE structure and clay mineralogy.  However, if a low pressure pipe system is used, the minimum separation distance shall be 12 inches.

(C)          Systems shall be installed only on sites with uniform slopes less than 15 percent.  Storm water diversions and subsurface interceptor drains or swales may be required upslope of the system to divert surface runoff or lateral flow from passing over or into the system.

(D)          The long‑term acceptance rate shall be based on the most hydraulically limiting soil horizon within 18 inches of the naturally occurring soil surface or to a depth one foot below the trench bottom, whichever is deeper.  The lowest long‑term acceptance rate for the applicable soil group shall be used for systems installed pursuant to this Rule. However, the long‑term acceptance rate shall not exceed 1.0 gallons per day per square foot for gravity distribution or 0.5 gallons per day per square foot for low‑pressure pipe systems installed on sites with at least 18 inches of Group I soils below the naturally occurring soil surface or to a depth of one foot below the trench bottom, whichever is deeper.

(E)           If the fill system uses low‑pressure pipe distribution, all the requirements of Paragraph (a) of this Rule, except Paragraph (a)(2)(B), shall apply.  Systems with a design daily flow greater than 480 gallons per day shall use low‑pressure pipe distribution.

(F)           Fill material shall have such soil texture to be classified as sand or loamy sand (Soil Group I) up to the top of the nitrification trenches.  The final six inches of fill used to cover the system shall have a finer texture (such as Group II, III) for the establishment of a vegetative cover. Existing fill material shall have no more than ten percent by volume of fibrous organics, building rubble, or other debris and shall not have discreet layers containing greater than 35 percent of shell fragments.

(G)          Where fill material is added, the fill material and the existing soil shall be mixed to a depth of six inches below the interface.  Heavy vegetative cover or organic litter shall be removed before the additional fill material is incorporated.

(H)          The fill system shall be constructed as an elongated berm with the long axis parallel to the ground elevation contours of the slope.

(I)            The side slope of the fill shall not exceed a rise to run ratio of 1:4.  However, if the first 18 inches below the naturally occurring soil surface is Group I soil, the side slope of the fill shall not exceed a rise to run ratio of 1:3.

(J)            The outside edge of the nitrification trench shall be located at least five feet horizontally from the top of the side slope.

(K)          The fill system shall be shaped to shed surface water and shall be stabilized with a vegetative cover against erosion.

(L)           The setback requirements shall be measured from the projected toe of the slope.  However, if this setback cannot be met, the setback requirements shall be measured from a point five feet from the nearest edge of the nitrification trench if the following conditions are met:

(i)            Slope of the site shall not exceed two percent;

(ii)           The first 18 inches of soil beneath the naturally occurring soil surface shall consist of Group I soils;

(iii)          The lot or tract of land was recorded on or before December 31, 1989; and

(iv)          A condition is placed upon the Improvement Permit to require connection to a public or community sewage system within 90 days after such system is available for connection and after it is determined that 300 feet or less of sewer line is required for connection.

(M)         The available space requirements of Rule .1945 of this Section shall apply.

(2)           An existing fill site that does not meet the requirements of Paragraph (b)(1) of this Rule may be utilized for a sanitary sewage system if the following requirements are met:

(A)          Substantiating data are provided by the lot owner (if not readily available to the local health department) indicating that the fill material was placed on the site prior to July 1, 1977.

(B)          The fill material placed on the site prior to July 1, 1977 shall have such soil texture to be classified as sand or loamy sand (Group I) for a depth of at least 24 inches below the existing ground surface.  This fill material shall have no more than ten percent by volume of fibrous organics, building rubble, or other debris.  This fill shall not have discreet layers containing greater than 35 percent of shell fragments.  However, if at least 24 inches of Group I fill material was in place prior to July 1, 1977, additional fill with soil texture classified as Group I may be added to meet the separation requirements of Paragraph (b)(2)(D) of this Rule.

(C)          Soil wetness conditions, as determined by Rule .1942(a) in this Section, are 18 inches or greater below the ground surface of the fill placed on the lot prior to July 1, 1977.  This requirement shall be met without the use of a groundwater lowering system.

(D)          Low‑pressure pipe distribution shall be used and shall meet all the requirements of Paragraph (a) of this Rule, except (a)(2)(B).  The long‑term acceptance rate shall not exceed 0.5 gallons per day per square foot.  However, for existing fill sites with 48 inches of Group I soils, conventional nitrification trenches utilizing a maximum long‑term acceptance rate of 1.0 gallons per day per square foot may be installed in lieu of low‑pressure pipe systems.  The minimum separation distance between the trench bottom and any soil wetness condition or any soil horizon UNSUITABLE as to soil structure, clay mineralogy, organic soil, rock, or saprolite shall be 24 inches for low pressure pipe systems and 48 inches for conventional systems.  This separation requirement may be met by adding additional Group I soil, but shall not be met with the use of a groundwater lowering system.  Where fill is to be added, the requirements of Paragraphs (b)(1)(C), (F), (G), (H), (J), (K), of this Rule and the following requirements shall be met:

(i)            The side slope of the fill shall not exceed a side slope ratio of 1:3, and;

(ii)           The setback requirements shall be measured from the projected toe of the slope.  However, if this setback cannot be met, the setback requirements shall be measured from a point five feet from the nearest edge of the nitrification trench if the following conditions are met:

(I)            Slope of the site shall not exceed two percent;

(II)          The lot or tract of land was recorded on or before December 31, 1989; and

(III)        A condition is placed upon the Improvement Permit to require connection to a public or community sewage system within 90 days after such system is available for connection and after it is determined that 300 feet or less of sewer line is required for connection.

(E)           The available space requirements of Rule .1945 of this Section shall apply.

(F)           The design flow shall not exceed 480 gallons per day.

(3)           Other fill systems may be approved by the local health department on a site-specific basis in accordance with Rule .1948(d) of this Section.

(c)  Residential Wastewater Treatment Systems (RWTS) that comply with the National Sanitation Foundation (NSF) Standard 40 for Class I residential wastewater treatment systems shall be designed and constructed and installed in accordance with this Rule to serve a facility with a design daily flow rate of up to 1500 gallons per day, as determined in Rule .1949(a) or .1949(b) of this Section.  RWTS shall not be used, however, where wastes contain high amounts of fats, grease and oil (30 mg/l or more), including restaurants and food service facilities, and the strength of the influent wastewater shall be similar to domestic wastewater with raw influent Biological Oxygen Demand (BOD) and suspended solids not to exceed  350 parts per million.  RWTS performance, siting, sizing, installation, operation, monitoring, maintenance and reporting requirements shall comply with G.S. 130A-342 and 15A NCAC 18A .1970.  NSF Standard 40 for Class I residential wastewater treatment systems is hereby incorporated by reference including any subsequent amendments and editions.  Copies of the standards may be inspected at the On-Site Wastewater Section Central Office, located at 2728 Capital Blvd., Raleigh, NC in the Parker Lincoln Building, and copies may be obtained on-line at http://www.techstreet.com/nsfgate.html at a cost of ninety-five dollars ($95.00), or by mail from Techstreet, 777 East Eisenhower Parkway, Ann Arbor, MI 48108 at a cost of ninety-five dollars ($95.00) plus shipping and handling.  RWTS shall bear the NSF mark and the NSF listed model number or shall bear the certification mark and listed model number of a third party certification program accredited by the American National Standards Institute (ANSI), pursuant to ANSI Policy and Procedures for Accreditation of Certification Programs to certify residential wastewater treatment systems in accordance with NSF Standard Number 40. The following conditions for approval, design, construction and installation of RWTS shall be met:

(1)           An application shall be submitted in writing to the State for an RWTS, which shall include the following, as applicable:

(A)          manufacturer's name, address, phone number, plant location(s), and contact information for manufacturer's licensed distributors in North Carolina and their current service areas;

(B)          verification of current approval and listing of a NSF Standard 40 Class I system by the National Sanitation Foundation or other ANSI-accredited third party certification program;

(C)          manufacturer's identifying name or logo, listed model number(s) and treatment capacity (in gallons per day) to be imprinted on unit;

(D)          three legible copies of plans and specifications, and information required to evaluate any tanks as required pursuant to 15A NCAC 18A .1953; and

(E)           fee payment as required by G.S. 130A-343(k)(6), by corporate check, money order or cashier's check made payable to: North Carolina On-Site Wastewater System Account or NC OSWW System Account, and mailed to the On-Site Wastewater Section, 1642 Mail Service Center, Raleigh, NC 27699-1642 or hand delivered to Rm. 1A-245, Parker Lincoln Building, 2728 Capital Blvd., Raleigh, NC.

(2)           The rated capacity of RWTS listed as complying with NSF Standard 40 shall not be less than the design daily flow as determined by Rule .1949(a) or .1949(b) of this Section.

(3)           The following are minimum standards of design and construction of RWTS:

(A)          No blockouts or openings shall be permitted below the liquid level of the RWTS.

(B)          RWTS shall be resilient, watertight, corrosion resistant structures, with all components needing to be routinely maintained easily accessible to the system operator.  Access openings shall be provided in the RWTS top.  Access shall be provided for:

(i)            cleaning or rodding out the inlet pipe,

(ii)           cleaning or clearing the air or gas passage space above the partition,

(iii)          pumping of each compartment required to be pumped,

(iv)          sampling the effluent, and

(v)           repairing any system components or maintaining system component requiring repair or maintenance.

(C)          Tanks used in RWTS designed to hold sewage or effluent shall comply with the same design and construction requirements as septic tanks and pump tanks pursuant to 15A NCAC 18A .1954, as applicable.

(D)          Fiberglass reinforced plastic tanks used in RWTS designed to hold sewage or effluent shall be constructed with materials capable of resisting corrosion from sewage and sewage gases, and the active and passive loads on the unit walls.  Except as required by the rules of this Section, fiberglass tanks shall comply with IAPMO PS 1-2004, Standard for Prefabrication Septic Tanks, and CSA International B66-05, Standard for Design, Material, and Manufacturing Requirements for Prefabricated Septic Tanks and Sewage Holding Tanks, as applicable.  IAPMO PS 1-2004 and CSA International B66-05 are hereby incorporated by reference including any subsequent amendments and editions.  Copies of these standards may be inspected at the On-Site Wastewater Section Central Office, located at 2728 Capital Blvd., Raleigh, NC in the Parker-Lincoln Building, and copies may be obtained from the ANSI On-Line Store at http://webstore.ansi.org/ansidocstore at a cost of forty-nine dollars and ninety-five cents ($49.95), and from the Canadian Standards Association, at 5060 Spectrum Way, Suite 100, Mississauga, Ontario, L4W 5N6 Canada at a cost of one hundred dollars ($100.00) plus shipping and handling, respectively.  Documentation shall be provided that at least one of each size tank in each model meets specified physical properties set forth in IAPMO PS 1-2004 and CSA International B66-05, as applicable.  At least one of each size of fiberglass reinforced plastic tank used in an RWTS shall be subjected to a vacuum test by an independent testing laboratory.  Test unit must withstand negative pressure of 2.5 pounds per square inch (69.3 inches of water) without leakage or failure.  Test results shall be included with the specifications that are provided to the state for approval.

(E)           Prefabricated tanks used in RWTS other than precast reinforced concrete or fiberglass reinforced plastic units shall be approved on an individual basis by the State based on information furnished by the designer which indicates the unit will provide effectiveness equivalent to reinforced concrete or fiberglass reinforced plastic units.

(F)           RWTS shall bear an imprint identifying the manufacturer, the RWTS serial number assigned to the manufacturer's model approved by the State, and the liquid or working capacity of the unit.  The imprint shall be located to the right of the outlet opening pipe penetration point. 

(G)          The design, construction, and operation of RWTS shall prevent bypass of wastewater.

(H)          Electrical circuits to the RWTS shall be provided with manual circuit disconnects within a watertight, corrosion‑resistant, outside enclosure (NEMA 4X or equivalent) adjacent to the RWTS securely mounted at least 12 inches above the finished grade.  Control panels provided by the manufacturer shall be installed in a watertight, corrosion‑resistant enclosure (NEMA 4X or equivalent) mounted at least 12 inches above finished grade and located adjacent to the RWTS or in view of the RWTS on the side of the facility.  The control panel shall not be located more than 50 feet from the RWTS components controlled by the panel.  The control panel shall remain accessible at all times to the system operator (ORC).  Conductors shall be conveyed to the disconnect enclosure and control panel through waterproof, gasproof, and corrosion‑resistant conduits.  Splices and wire junctions, if needed, shall be made outside the RWTS in a watertight, corrosion‑resistant enclosure (NEMA 4X or equivalent) securely mounted adjacent to the unit at least 12 inches above the finished grade. Wire grips, duct seal, or other similar materials shall be used to seal around wire and wire conduit openings inside the RWTS and disconnect enclosure that shall prevent the transfer of liquid or gas into the RWTS or into the enclosure.  The RWTS shall have an alarm device or devices to warn the user or operator of a unit malfunction or a high water condition.  The alarm shall be audible and visible by system users and securely mounted adjacent to the RWTS, at least 12 inches above finished grade or in view of the RWTS on the side of the facility.  The alarm shall not be located more than 50 feet from the RWTS component triggering the alarm condition.  The alarm shall remain accessible at all times to the system operator (ORC).  The alarm shall meet NEMA 4X standards or otherwise be equivalently watertight and corrosion resistant.  The alarm circuit or circuits shall be supplied ahead of any RWTS electrical control circuit overload and short circuit protective devices.  Blower location shall be shown on plans and plans and specifications shall detail proposed corrosion-resistant blower enclosure, if applicable.

(4)           A settling tank shall be required prior to or as an integral part of the design of the RWTS.  The liquid capacity of the settling tank shall be at least equal to half of the design daily flow of the RWTS, or as otherwise specified by the manufacturer, whichever is larger.  The settling tank may either be an integral chamber of the RWTS tank, an approved prefabricated septic tank or another tank specially designed for a specific individual system and approved by the State as a part of the plans for the RWTS.

(5)           A manufacturer of an RWTS who desires consideration for approval as an Experimental, Controlled Demonstration, Innovative or Accepted system shall apply separately pursuant to Rule .1969 of this Section.

 

History Note:        Authority G.S. 130A‑335(e),(f); 130A‑342;

Eff. July 1, 1982;

Amended Eff. June 1, 2006; April 1, 1993; May 1, 1991; December 1, 1990; January 1, 1990.

 

15A NCAC 18A .1958       NON‑GROUND ABSORPTION SEWAGE TREATMENT SYSTEMS

(a)  Where an approved privy, an approved septic tank system, or a connection to an approved public or community sewage system is impossible or impractical, this Section shall not prohibit the state or local health department from permitting approved non‑ground absorption treatment systems utilizing heat or other approved means for reducing the toilet contents to an inert or stabilized residue or to an otherwise harmless condition, rendering such contents noninfectious or noncontaminating.  Alternative systems shall be designed to comply with the purposes and intent of this Section.

(b)  Holding tanks shall not be considered as an acceptable sewage treatment and disposal system.  An improvement permit shall not be issued for a sewage holding tank for any new construction.  However, an Authorization to Construct may be issued for a holding tank for pumping and hauling of wastewater effluent to a wastewater system approved under this Section when the owner has provided a showing that a malfunctioning system cannot otherwise be repaired by connection to a system approved under this Section or to a system approved under the rules of the Environmental Management Commission.  Pumping and hauling wastewater effluent shall be performed by a septage management firm permitted in accordance with G.S. 130A-291.1.

(c)  Incinerating, composting, vault privies, and mechanical toilets shall be approved by the state agency or local health department only when all of the wastewater is handled by a system approved under this Section.

(d)  Sewage recycling systems which discharge treated waste‑water meeting the state drinking water standards may be used only for toilet flushing and recycled sewage shall not be used for body contact or human consumption.  Such systems must be approved by the state or local health department.

(e)  Chemical or portable toilets for human waste may be approved in accordance with G.S. 130A-335.  Chemical or portable toilets shall have a watertight waste receptacle constructed of nonabsorbent, acid resistant, noncorrosive material.

 

History Note:        Authority G.S. 89C; 89E; 89F; 90A; 130A-335;

Eff. July 1, 1982;

Amended Eff. August 1, 1991; January 1, 1990;

Temporary Amendment Eff. January 20, 1997;

Amended Eff. August 1, 1998.

 

 

 

15A NCAC 18A .1959       PRIVY CONSTRUCTION

An "approved privy" shall consist of a pit, floor slab, and seat assembly housed in a building which affords privacy and reasonable protection from the weather.

(1)           The pit shall consist of an excavation at least 42 inches square and in no case shall the bottom of an excavation be closer than one foot from the seasonally high water table or rock.

(2)           The pit shall be properly curbed to prevent caving.  In sandy or loose soil, the curb should extend the full depth of the pit.  In tight soils, partial curbing is acceptable if it prevents caving.

(3)           The privy floor slab shall be constructed of reinforced concrete.  Where it is impractical to secure or construct reinforced concrete floor assemblies, wood construction shall be acceptable provided the floor slab is made of rough sub‑flooring and covered with tight tongue‑and‑groove flooring or other type flooring materials to provide strength and prevent entrance of flies and mosquitoes to the privy pit.  Where wood construction is used, floors shall be anchored to at least four‑inch by four‑inch sills.

(4)           Wood used for riser, seat assemblies, and the floor slab shall be tongue‑and‑groove or plywood (exterior or marine) material.

(5)           Privies shall not be used for the disposal of water‑carried sewage.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. December 1, 1990.

 

 

 

15A NCAC 18A .1960       MAINTENANCE OF PRIVIES

(a)  Any person owning or controlling the property upon which a privy is located shall be responsible for these requirements:

(1)           The privy building shall afford a reasonable degree of protection from bad weather conditions.

(2)           When the pit becomes filled to within 18 inches of the top of the ground, the privy building shall be moved to a new pit and the old pit completely covered with earth.

(3)           If the pit caves in, a new pit shall be provided.

(b)  The tenant or person occupying the property shall be responsible for these requirements:

(1)           The walls, floors, and seat of the privy and grounds immediately adjacent to the building shall be kept in a clean and decent condition.

(2)           Fowl and other animals shall not be harbored in the privy building.

(3)           Seat cover shall be hinged and closed at all times when the privy is not in use.

(4)           Flies shall be excluded from the pit at all times.

(5)           Ashes, garbage, and trash shall be kept out of the pit.

 

History Note:        Authority G.S. 130A‑335(e) and (f);

Eff. July 1, 1982;

Amended Eff. January 1, 1990.

 

 

 

15A NCAC 18A .1961       MAINTENANCE OF SEWAGE SYSTEMS

(a)  Any person owning or controlling the property upon which a ground absorption sewage treatment and disposal system is installed shall be responsible for the following items regarding the maintenance of the system:

(1)           Ground absorption sewage treatment and disposal systems shall be operated and maintained to prevent the following conditions:

(A)          a discharge of sewage or effluent to the surface of the ground, the surface waters, or directly into groundwater at any time; or

(B)          a back-up of sewage or effluent into the facility, building drains, collection system, or freeboard volume of the tanks; or

(C)          a free liquid surface within three inches of finished grade over the nitrification trench for two or more observations made not less than 24 hours apart.  Observations shall be made greater than 24 hours after a rainfall event.

The system shall be considered to be malfunctioning when it fails to meet one or more of these requirements, either continuously or intermittently, or if it is necessary to remove the contents of the tank(s) at a frequency greater than once per month in order to satisfy the conditions of Parts (A), (B), or (C) of this Paragraph.  Legal remedies may be pursued after an authorized agent has observed and documented one or more of the malfunctioning conditions and has issued a notice of violation. 

(2)           Ground absorption sewage treatment and disposal systems shall be checked, and the contents of the septic tank removed, periodically from all compartments, to ensure proper operation of the system.  The contents shall be pumped whenever the solids level is found to be more than 1/3 of the liquid depth in any compartment.

(b)  System management in accordance with Tables V(a) and V(b) of this Rule shall be required for all systems installed or repaired after July 1, 1992.  After July 1, 1992, system management in accordance with Tables V(a) and V(b) shall be required for all existing Type V and Type VI systems.

(c)  No Improvement Permit or Construction Authorization shall be issued for Type IV, Type V, or Type VI systems, unless a management entity of the type specified in Table V(b) is specifically authorized, funded, and operational to carry out this management program in the service area where the proposed system is to be located.

(d)  A local health department may be the public management entity only for systems classified Type IV, V(a) and V(b) and only when specifically authorized by resolution of the local board of health.

(e)  A contract shall be executed between the system owner and a management entity prior to the issuance of an Operation Permit for a system required to be maintained by a public or private management entity, unless the system owner and certified operator are the same.  The contract shall include the specific requirements for maintenance and operation, responsibilities of the owner and system operator, provisions that the contract shall be in effect for as long as the system is in use, and other requirements for the continued proper performance of the system.  It shall also be a condition of the Operation Permit that subsequent owners of the system execute such a contract.

(f)  Inspections of the system shall be performed by a management entity at the frequency specified in Table V(b).  The management entity shall report the results of their inspections to the local health department at the specified reporting frequency.  However, where inspections indicate the need for system repairs, the management entity shall notify the local health department within 48 hours in order to obtain a Construction Authorization for the repairs.

(g)  The management entity shall be responsible for assuring routine maintenance procedures and monitoring requirements in accordance with the conditions of the Operation Permit and the contract.

(h)  Sewage systems with multiple components shall be classified by their highest or most complex system type in accordance with Table V to determine local health department and management entity responsibilities.

(i)  Sewage systems not identified in this Rule shall be classified by the Division of Environmental Health after consultation with the appropriate commission governing operators of pollution control facilities.

(j)  The local health department shall routinely review the performance and operation reports submitted in accordance with Table V(b) of this Rule and shall perform an on‑site inspection of the systems as required in Table V(a).

(k)  The certified operator shall hold a valid and current certificate from the appropriate commission, and nothing in this Section shall preclude any requirements for system operators, in accordance with Article 3 of G.S. 90A.

 

TABLE V(a)

 

LOCAL HEALTH DEPARTMENT RESPONSIBILITIES

 

Minimum

System

System                                   System                                                   Permits                                                   Review

Classification                       Description                                            Required                                                Frequency

___________________________________________________________________________________________________

Type I                                    a. Privy                                                  Improvement                                       N/A

b. Chemical toilet                                Permit, Construction

c. Incinerating toilet                            Authorization, and Operation

d. Other toilet system                          Permit

e. Grease trap

____________________________________________________________________________________________________

Type II                                   a. Conventional septic system          Improvement                                       N/A

(single‑family or 480 GPD                 Permit, Construction

or less)                                                    Authorization, and

b. Conventional septic system          Operation Permit

with 750 linear feet of

nitrification line or less

c. Conventional system with

shallow placement

____________________________________________________________________________________________________

Type III                                 a. Conventional septic system          Improvement                                       5 yrs. (IIIb only)

> 480 GPD (excluding                         Permit, Construction

single‑family residence)                      Authorization, and Operation

b. Septic system with                          Permit   

single effluent pump

or siphon

c. Gravity fill system

d. Dual gravity field system

e. PPBPS system, gravity dosed

f. Large diameter pipe system

g. Other non‑conventional

trench systems

____________________________________________________________________________________________________

Type IV                                 a. Any system with LPP                      Improvement                                       3 yrs.

distribution                                            Permit, Construction

b. System with more than                  Authorization, and Operation

1 pump or siphon                                Permit

____________________________________________________________________________________________________

Type V                                   a. Sand filter pretreatment                 Improvement                                       12 mos.

system                                                   Permit, Construction

b. Any > 3,000‑GPD septic Authorization, and Operation

tank system with a                              Permit

nitrification field

designed for > 1500 GPD

c. Aerobic Treatment Unit (ATU)

d. Other mechanical, biological,

or chemical pretreatment plant

(< 3000 GPD)

____________________________________________________________________________________________________

Type VI                                 a. Any > 3,000 GPD system               Improvement                                       6 mos.

with mechanical, biological,              Permit, Construction

or chemical pretreatment                   Authorization, and Operation

system plant                                         Permit

b. Wastewater reuse/recycle

 

 

TABLE V(b)

 

MANAGEMENT ENTITY RESPONSIBILITIES

 

    Minimum System

System                                   Management                        Inspection/Maintenance                    Reporting

Classification                       Entity                                           Frequency                                       Frequency

____________________________________________________________________________________________________

Type I                                    Owner                                                    N/A                                         N/A

____________________________________________________________________________________________________

Type II                                   Owner                                                    N/A                                         N/A

____________________________________________________________________________________________________

Type III                                 Owner                                                    N/A                                         N/A

____________________________________________________________________________________________________

Type IV                                 Public Management                            2/yr.                                        12 mos.

Entity with a

Certified Operator or a

private Certified Operator

____________________________________________________________________________________________________

Type V                                   Public Management            a. 2/yr (0‑1500 GPD)                          6 mos.

Entity With a                           4/yr (1500‑3000 GPD)

Certified Operator or a          12/yr (3000‑10000 GPD)

private Certified                      1/wk (> 10000 GPD)

Operator                                                b. 12/yr (3000‑10000 GPD)

    1/wk (> 10000 GPD)

c. 4/yr.

d. 12/yr.

____________________________________________________________________________________________________

Type VI                                 Public Management Entity                a. 1/wk(3000‑10000 GPD)                3 mos.

With a Certified Operator      2/wk(10000‑25000 GPD)

   3/wk(25000‑50000 GPD)

   5/wk(> 75000 GPD)

b. 12/yr.

____________________________________________________________________________________________________

 

(l)  A sewage collection, treatment, and disposal system that creates or has created a public health hazard or nuisance by surfacing of effluent or discharge directly into groundwater or surface waters, or that is partially or totally destroyed shall be repaired within 30 days of notification by the state or local health department unless the notification otherwise specifies a repair period in writing.  If a system described in the preceding sentence has for any reason been disconnected, the system shall be repaired prior to reuse.  The state or local health department shall use its best professional judgement in requiring repairs that will reasonably enable the system to function properly.  If, for any reason, a sewage collection, treatment, and disposal system is found to be nonrepairable, or is no longer required, the system shall not be used, and may be required to have any contents removed, collapse any components and backfill, or otherwise secured as directed by the authorized agent to protect the public health and safety.

(m)  When necessary to protect the public health, the state or local health department may require the owner or controller of a malfunctioning system to pump and haul sewage to an approved wastewater system during the time needed to repair the system.

 

History Note:        Filed as a Temporary Amendment Eff. July 3, 1991, for a period of 180 days to expire on December 30, 1991;

Filed as a Temporary Amendment Eff. June 30, 1990, for a period of 180 days to expire on December 27, 1990;

Authority G.S. 130A‑335(e),(f);

Eff. July 1, 1982;

Amended Eff. August 1, 1991; October 1, 1990; January 1, 1990; August 1, 1988;

Temporary Amendment Eff. January 20, 1997;

Amended Eff. August 1, 1998.

 

15A NCAC 18A .1962       APPLICABILITY

The provisions of this Section shall not apply to properly functioning sewage collection, treatment, and disposal systems in use or for which a valid permit to install a system has been issued prior to July 1, 1977. This provision is applicable only where the sewage flow and sewage characteristics are unchanged.  This provision does not affect the requirements for system operation, maintenance, and management in accordance with Rule .1961 of this Section.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. August 1, 1991; December 1, 1990.

 

 

 

15A NCAC 18A .1963       DISUSE OF SEWAGE SYSTEM

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Repealed Eff. August 1, 1988.

 

 

 

15A NCAC 18A .1964       INTERPRETATION AND TECHNICAL ASSISTANCE

(a)  The provisions of this Section shall be interpreted, as applicable, in accordance with the recognized principles and practices of soil science, geology, engineering, and public health.

(b)  The State will provide technical assistance.  Local health departments may obtain technical information and assistance from appropriate personnel as may be needed for interpretation of this Section.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1990.

 

 

 

15A NCAC 18A .1965       APPEALS PROCEDURE

Appeals concerning the interpretation and enforcement of the rules in this Section shall be made in accordance with G.S. 150B and 10 NCAC 1B.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. February 1, 1987.

 

 

 

15A NCAC 18A .1966       SEVERABILITY

If any provision of these Rules or the application thereof to any person or circumstance is held invalid, the remainder of the rules or the application of such provisions to other persons or circumstances shall not be affected thereby.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982.

 

 

 

15A NCAC 18A .1967       INJUNCTIONS

A person who violates any rule of this Section is subject to the injunctive relief provisions of G.S. 130A‑18.

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1985.

 

 

 

15A NCAC 18A .1968       PENALTIES

A person who violates any rule of this Section is subject to the penalty provisions contained in G.S. 130A‑22(c) (Administrative Penalties), 130A‑23 (Suspension and Revocation of Permits), and 130A‑25 (Criminal Penalties).

 

History Note:        Authority G.S. 130A‑335(e);

Eff. July 1, 1982;

Amended Eff. January 1, 1985.

 

 

 

15A NCAC 18A .1969       APPROVAL AND PERMITTING OF ON-SITE SUBSURFACE WASTEWATER SYSTEMS, TECHNOLOGIES, COMPONENTS, OR DEVICES

(a)  Experimental, controlled demonstration, and innovative wastewater systems (hereinafter referred to as E & I systems) are any wastewater systems, system components, or devices that are not specifically described in Rules .1955, .1956, .1957, or .1958 of this Section, including any system for which reductions are proposed in the minimum horizontal or vertical separation requirements or increases are proposed to the maximum long-term acceptance rates of this Section; or any E & I systems as defined by G.S. 130A-343(a) and approved pursuant to applicable laws and this Rule.  Accepted systems are as defined by G.S. 130A-343(a).  This Rule shall provide for the approval and permitting of E & I and accepted systems.

(b)  APPLICATION:  An application shall be submitted in writing to the State for an E & I system. The application shall include the information required by G.S. 130A-343(d),(e),(f), and (g), and the following, as applicable:

(1)           specification of the type of approval requested as either innovative, controlled demonstration, experimental, or a combination;

(2)           description of the system, including materials used in construction, and its proposed use;

(3)           summary of pertinent literature, published research, and previous experience and performance with the system;

(4)           results of any available testing, research or monitoring of pilot systems or full-scale operational systems and shall identify whether the testing, research or monitoring provided was conducted by a third party research or testing organization;

(5)           specification of system evaluation protocol as either an approved and listed protocol by the State or the applicant shall submit an alternative protocol for the evaluation of the performance of the manufacturer's system.  National Sanitation Foundation (NSF) Standard 40 has been approved as an evaluation protocol pursuant to G.S. 130A-343(d);

(6)           verification that a system being submitted for approval has been tested and certified in accordance with an approved evaluation protocol, if applicable.  For systems with no prior approval pursuant to this Rule, the manufacturer shall provide an affidavit certifying that the product submitted for approval is the same as the certified or listed product or identify any modifications made to the submitted product.

(7)           identity and qualifications of any proposed research or testing organization and the principal investigators, and an affidavit certifying that the organization and principal investigators have no conflict of interest and do not stand to gain financially from the sale of the E & I system;

(8)           objectives, methodology, and duration of any proposed research or testing;

(9)           specification of the number of systems proposed to be installed, the criteria for site selection, and system monitoring and reporting procedures;

(10)         operation and maintenance procedures, system classification, proposed management entity and system operator;

(11)         procedure to address system malfunction and replacement or premature termination of any proposed research or testing;

(12)         notification of any proprietary or trade secret information, system, component, or device;

(13)         in the case of a request for innovative system approval intended by the applicant to be subsequently reclassified from an innovative to an accepted system, monitoring, reporting and evaluation protocols to be followed by the manufacturer, the results of which shall be submitted in its future petition for accepted status; and

(14)         fee payment as required by G.S. 130A-343(k), by corporate check, money order or cashier's check made payable to: North Carolina On-Site Wastewater System Account or NC OSWW System Account, and mailed to the On-Site Wastewater Section, 1642 Mail Service Center, Raleigh, NC  27699-1642 or hand delivered to Rm. 1A-245, Parker Lincoln Building, 2728 Capital Blvd., Raleigh, NC.

(c)  REVIEW:  The State shall review all applications submitted as follows:

(1)           the completeness of the application shall be determined, and a determination shall be made whether additional information is needed to continue the review.  The State shall inform the applicant of the acceptance or rejection of the application, or of any additional information needed to continue the review, within 30 days.  When an application is rejected, the State shall inform the applicant in writing of the reasons for rejection and whether additional information is required for the application to be reconsidered.  Acceptance of the application does not constitute a qualitative review of the information provided, nor the approval or denial of the proposed system designation.  Additional requested information for the application to be considered complete shall be received within 180 days, or the application file shall be closed.  Notwithstanding a prior rejection or denial, an applicant may reapply pursuant to Paragraph (b) of this Rule;

(2)           the determination shall be made for a complete application whether the system meets the standards of an experimental system under G.S. 130A-343(a)(4),  G.S. 130A-343(e) and Paragraph (d) of this Rule; a controlled demonstration system under G.S. 130A-343(a)(2), G.S. 130A-343(f) and Paragraph (e) of this Rule; or whether the system meets the standards of an innovative system under G.S. 130A-343(a)(5), G.S. 130A-343(g), and Paragraph (g) of this Rule, as applicable.  This review shall be completed in accordance with the following time frame:

 

Table VI:  Time Frame For State Review of Completed E & I System Applications

Type of Approval Requested

Normal Review

Fast Track Review

Rule Reference

Experimental

90 days

45 days

.1969(d)(2) of this Section

Controlled Demonstration

120 days

60 days

.1969(e)(4) of this Section

Innovative

180 days

120 days

.1969(g)(2) of this Section

and:

(3)           The State shall notify the applicant and local health department of the approval or denial of an E & I system.  Such notice shall include conditions for permitting, siting, installation, use, monitoring, operation and maintenance, and number of systems which can be installed, as applicable.

(d)  APPROVAL OF EXPERIMENTAL SYSTEMS: A system may be approved for use as an experimental system as follows:

(1)           the system shall be part of a research or testing program which has been approved by the State.  The research or testing program shall be conducted by a third party research or testing organization which has knowledge and experience relevant to the proposed research or testing and has no conflict of interest and does not stand to gain financially from the sale of the proposed system.  To be approved by the State, the proposed research or testing program shall:

(A)          Be designed such that, if the objectives were met, the system would satisfy the standards for approval as a controlled demonstration or an innovative system under Paragraph (e) or Paragraph (g) of this Rule, respectively; and

(B)          Be designed and include research and testing methodology that shall have a reasonable likelihood of meeting the objectives, and

(C)          Include in the proposal for evaluation all information required pursuant to G.S. 130A-343(e).

(2)           Applications for an experimental system shall be "Fast Track" approved or denied within 45 days from the acceptance of a complete application when the proposed research or testing program is a prior approved evaluation protocol.

(e)  APPROVAL OF CONTROLLED DEMONSTRATION SYSTEMS:  A system may be approved for use as a controlled demonstration system as follows:

(1)           Acceptable research is provided from prior evaluation of the system in North Carolina as an experimental system or from any comparable evaluations of the system in other states, including any prior evaluation pursuant to an approved evaluation protocol, which supports the proposed use of the system; and

(2)           Documentation is provided of at least 50 installations operational for at least 12-months, unless:

(A)          data have been collected that show all other requirements for controlled demonstration approval have been met from a lesser number of North Carolina installations in conjunction with an approved experimental  research or testing program; or

(B)          documentation is provided of the system's design and functional similarity to another approved system and that substantiates performance in a manner equal or superior to the comparable approved system in terms of structural integrity, chemical durability, hydraulic performance and wastewater treatment; or

(C)          the provisions for "Fast-Track" approval of Subparagraph (4) of this Paragraph are met; and

(3)           The system shall be part of a research or testing program which has been approved by the State.  To   be approved by the State, the proposed research or testing program shall:

(A)          Be designed such that, if the objectives were met, the system would satisfy the standards for approval as an innovative system under Paragraph (g) of this Rule, and

(B)          Be designed and include testing methodology that shall have a reasonable likelihood of meeting the objectives, and

(C)          Include in the proposal for evaluation all information required pursuant to G.S. 130A-343(f).

(4)           Applications for a controlled demonstration shall be "Fast Track" approved or denied within 60 days from the acceptance of a complete application when the application includes TS-I or TS-II compliant certification data collected under NSF Standard 40 or another prior-approved evaluation protocol, and all other available field verification data provided under Subparagraph (b)(4) of this Rule are consistent with TS-I or TS-II performance standards. 

(f)  PERMITTING OF EXPERIMENTAL AND CONTROLLED DEMONSTRATION SYSTEM:  A local health department shall issue an Improvement Permit and Construction Authorization and an Operation Permit for an experimental or controlled demonstration system when the following conditions are met:

(1)           There is an application for an Improvement Permit and Construction Authorization in accordance with 15A NCAC 18A .1937(c), with the proposed use of an experimental or controlled demonstration system specified;

(2)           The proposed site is included as part of an approved research or testing program and any conditions specified for use of the system have been met;

(3)           When an experimental or controlled demonstration system is proposed to serve a residence, place of business or place of public assembly, there shall be a designated area for a repair system in accordance with the provisions of 15A NCAC 18A .1945(b) or an innovative or accepted system of this Rule, except:

(A)          When an existing and properly functioning wastewater system is available for immediate use, including connection to a public or community wastewater system; or

(B)          When the experimental or controlled demonstration system is used as a repair to an existing malfunctioning system when there are no other approved or accepted repair options; or

(C)          As provided in G.S. 130A-343(f) for Controlled Demonstration Systems;

(4)           When an experimental or controlled demonstration system is proposed which shall not serve a residence, place of business, or place of public assembly, a repair area or backup system shall not be required.

(5)           The application for an experimental system shall include statements that the property owner is aware of its experimental nature, that the local health department and State do not guarantee or warrant that these systems will function in a satisfactory manner for any period of time, that use of the system may need to be discontinued if the system research or testing program is prematurely terminated, and that the site and system are to be accessible during reasonable hours for monitoring and evaluation by the research or testing organization.  Such statements shall be signed by the owner;

(6)           Provisions shall be made for operation and maintenance of the system;

(7)           Any special conditions required for the installation of the experimental or controlled demonstration system shall be specified in the Improvement Permit and the Construction Authorization.  Use of an experimental or controlled demonstration system and any conditions shall be described on the Improvement Permit, Construction Authorization and any subsequent operation permits, with provisions for a repair area and backup system specified;

(8)           The State shall be notified of a proposed Improvement Permit, Construction Authorization and any subsequent operation permits for experimental or controlled demonstration systems prior to issuance by the local health department.  The State shall notify the manufacturer and local health department if the proposed use is found to be inconsistent with the approved research or testing program.

(9)           Upon completion of the installation and prior to use, an Experimental or Controlled Demonstration System Operation Permit (ESOP or CDSOP) shall be issued by the local health department.  The ESOP or CDSOP shall be valid for a specified period of time based upon the projected duration of the research and testing program, not to exceed five years.  Maintenance, monitoring and testing requirements shall be specified as permit conditions, in accordance with the approved research or testing program.  Failure to carry out these conditions shall be grounds for permit suspension or revocation.

(10)         Prior to expiration of the ESOP (CDSOP) and based upon satisfactory system performance as determined during the research or testing program, the local health department shall issue an Operation Permit.  Premature termination of the research or testing program shall be grounds for ESOP (CDSOP) suspension or revocation.

(11)         Upon completion of monitoring, research and testing, the research or testing organization shall prepare a final report to the State including recommendations on future use of the system. If the State determines that the results indicate that the standards of Paragraph (e) or (g) of this Rule are met, the State shall approve the use as a controlled demonstration or an innovative system, respectively.

(g)  INNOVATIVE SYSTEMS:  Innovative systems, technologies, components, or devices shall be reviewed and approved by the State, and the local health department shall permit innovative systems in accordance with the following:

(1)           The State shall approve the system as an innovative system when there has been successful completion of a prior evaluation of the system in North Carolina as an experimental or controlled demonstration system or when sufficient documentation is provided from any comparable evaluations of the system in other states which support the proposed use of the system, and when the performance requirements for an innovative system of G.S. 130A-343(a) and G.S. 130A-343(g) and the following conditions have been met:

(A)          The system, shall have been demonstrated to perform equal or superior to a system, which is described in Rules .1955, .1956, .1957, or .1958, of this Section, based upon controlled pilot-scale research studies or statistically-valid monitoring of full-scale operational systems;

(B)          Materials used in construction shall be equal or superior in physical properties and chemical durability, compared to materials used for similar proposed systems, specifically described in Rules .1955, .1956, .1957, or .1958 of this Section; and

(C)          Documentation is provided of at least 100 installations operational for at least 12-months unless data have been collected that show all other requirements for innovative approval have been met from a lesser number of North Carolina installations in conjunction with an approved experimental or controlled demonstration research or testing program.

(2)           In lieu of the requirements specified in Subparagraph (1) of this Paragraph, applications for innovative approval shall be "Fast Track" approved or denied within 120 days from the acceptance of a complete application when the application includes TS-I or TS-II compliant evaluation data collected under NSF Standard 40 or another prior approved evaluation protocol; and the following:

(A)          The system, shall have been demonstrated to perform equal or superior to a system, which is described in Rules .1955, .1956, .1957, or .1958, of this Section, and to comply with TS-I or TS-II standards, based upon statistically valid third-party field verification data which include at least 50 data points from a minimum of 15 sites, with a minimum of two data points per site, collected over at least a 12-month period, and with no data excluded from the field sampling sites; and

(B)          Materials used in construction shall be equal or superior in physical properties and chemical durability, compared to materials used for similar proposed systems, specifically described in Rules .1955, .1956, .1957, or .1958 of this Section.

(3)           Approved innovative systems shall be assigned a unique code for tracking purposes.  Prior to making a request for reclassification of a system from innovative to accepted, the manufacturer shall have a system in place to keep track of the number and location of new system installations, and of any system installations it becomes aware of which were required to be repaired, and to provide this information to the State upon request and in any subsequent petition for accepted status.

(4)           A local health department shall issue an Improvement Permit and a Construction Authorization for any innovative system approved by the State upon a finding that the provisions of this Section including any conditions of the approval are met.  Use of an innovative system and any conditions shall be described on the Improvement Permit, Construction Authorization, or Operation Permit.

(5)           Manufacturers of proprietary innovative systems which include an advanced pretreatment component may choose to comply with the performance audit requirements as stipulated in Subparagraph (h)(8) of this Rule, in lieu of routine effluent sampling for each system on an annual basis as may otherwise be required, and shall comply with those performance audit requirements prior to being granted accepted system status.  The approved audit procedure shall be carried out annually until receipt of Accepted System approval by the Commission.

(h)  ACCEPTED SYSTEMS:  A petition to the Commission for reclassification of a proprietary innovative system to an accepted system, as defined in G.S. 130A-343(a)(1), shall be submitted by the manufacturer for review to the State, accompanied by the fee payment as required by G.S. 130A-343(k) and as stipulated in Paragraph (b) of this Rule.  The State shall review all petitions submitted and evaluate the following: the completeness of the petition, and whether additional information is needed to continue the review; and whether the system meets the standards of an accepted system under G.S. 130A-343(a)(l), G.S. 130A-343(h), and this Section.  The State shall inform the petitioner if the petition is determined to be complete or of any additional information needed to continue the review, within 30 days.  When a petition is determined to be incomplete, the petitioner shall be informed in writing why and whether additional information is required for the petition to be reconsidered.  This review of the petition for completeness does not constitute a qualitative review of the information provided, nor the approval or denial of the proposed system designation. Additional requested information for the petition to be considered complete shall be received within 180 days, or the petition file shall be closed.  Upon request of the petitioner, the Commission may modify this 180 day time frame if the Commission determines that more time is necessary to obtain the additional information requested by the State and it can be provided within the requested modified time frame.  The petitioner may also request Commission review of the State's determination that a petition is incomplete or a request by the State for additional information.  The State may also initiate a review of a nonproprietary innovative system pursuant to G.S. l30A-343(i)(2).  The State shall submit to the Commission findings and recommendations based upon its review for final Commission action on system designation.  The State's findings and recommendations for a proprietary innovative system shall be presented to the Commission within 120 days of receipt of a complete petition.  The Commission shall designate a wastewater system technology, component or device as an accepted system when it finds that the standards set forth by G.S. 130A-343(a)(1) and G.S. l30A-343(h) have been met.  The following factors shall be considered prior to granting accepted system status:

(1)           documentation provided that there have been at least 300 systems installed statewide and the system has been in use as an approved innovative system for more than five years;

(2)           data and findings of all prior evaluations of the system performance as provided by the manufacturer;

(3)           results of prior performance surveys of innovative systems in use in North Carolina for at least the five year period immediately preceding the petition, including any information available to the manufacturer pertinent to the accuracy and validity of performance surveys not completed under their control;

(4)           review(s) of records on system use and performance reported by local health departments and other information documenting the experiences with performance of the system in North Carolina, including information collected and reported pursuant to Subparagraph (g)(1) and Paragraph (p) of this Rule.  Upon request of the manufacturer, the State and manufacturer shall meet to discuss the accuracy and validity of performance data and surveys to be considered for inclusion in the review.  Local health departments shall be invited to participate in the discussion;

(5)           for proprietary nitrification trench systems, a statistically valid survey of system performance shall be  performed, as follows:

(A)          The manufacturer shall provide a proposed survey plan for State concurrence prior to carrying out the survey.  This plan shall specify the number of systems to be evaluated, period of evaluation, method to randomly select systems to be evaluated, methods of field and data evaluation, and proposed survey team members, including proposed cooperative arrangements to be made with State and local health department on-site wastewater program staff.  The State shall facilitate local health department participation with any performance review or survey.  The State shall utilize the Division of Public Health's State Center for Health Statistics for assistance in evaluating the statistical validity of proposed evaluation protocols.

(B)          The survey shall include the field evaluation of at least 250 randomly selected innovative systems compared with 250 comparably-aged randomly selected conventional systems, with at least 100 of each type of surveyed system currently in use and in operation for at least five years.  Systems surveyed shall be distributed throughout the three physiographic regions of the state (Mountain, Piedmont and Coastal Plain) in approximate proportion to the relative usage in the three regions.  The survey shall determine comparative system failure rates, with field evaluations completed during a typical wet-weather season (February through early April), with matched innovative and conventional systems sampled during similar time periods in each region.  The petitioner shall provide a statistical analysis of the survey results showing a "one-sided" test where, if the failure rate in the sample of 250 innovative systems is at least five percentage points higher than the failure rate in the sample of 250 conventional systems, there is only a five percent chance that a difference this large would occur by chance (95% confidence level).  If a statistically significant higher failure rate in the innovative system is not detected, the Commission shall find that the innovative system performs the same as or better than the conventional system.

(6)           The Commission shall grant accepted status to an innovative system based upon a showing by the manufacturer that there have been at least 10,000 operational systems installed in the state, in more than one county of the state, over at least an eight year period with a total reported failure rate statewide based on records provided by the manufacturer and local health departments of less than one percent. However, the granting of accepted status based upon this criteria shall be conditioned on the manufacturer successfully completing an approved field survey pursuant to Parts (h)(5)(A) or (h)(5)(B) of this Rule within no more than 24 months of being granted accepted status;

(7)           The manufacturer of a proprietary innovative system, which includes an advanced pretreatment component designed to achieve NSF-40, TS-I or TS-II effluent quality standards requesting accepted status shall document that the system has received certification under NSF Standard 40 or another prior approved evaluation protocol. A certified system which has been modified pursuant to Paragraph (i) of this Rule or as otherwise necessary to be approved for use in North Carolina shall still be considered in compliance with this certification requirement.  For approved innovative systems in general use in North Carolina for more than five years prior to January 1, 2006, which only lack certification under NSF Standard 40 or another approved evaluation protocol but meet all other requirements for Accepted System status, the Commission shall grant conditional accepted status provided such certification is obtained within 24 months from the date this conditional status is granted;

(8)           Performance Audit:  Prior to Accepted System approval by the Commission of a proprietary innovation system which includes an advanced pretreatment component, a performance audit shall be run for a minimum of three consecutive years or until data have been collected from at least 30 separate operational North Carolina systems.  The performance audit shall consist of third-party random sampling of a minimum of 10 separate operational North Carolina sites by an approved field evaluation protocol.  The manufacturer shall propose the third-party, and the third-party shall submit a plan for system evaluation to include their third-party credentials and the number of systems to be sampled, the method for randomly selecting the sites to be sampled, and details of the procedure for sample collection and analysis, which shall be prior-approved by the State.  Samples shall be collected by 24-hour composite sampling (grab sampling for fecal coliform) and analyzed by a wastewater laboratory certified by the Division of Water Quality for all applicable performance parameters.  All systems to be included in the performance audit shall be found by the third-party to be in compliance with the design requirements of the Innovative Approval.  In order to be granted accepted status, the following conditions shall be met:

(A)          the mean values of sample data from all sites statewide in each sampling year shall meet NSF-40, TS-I or TS-II effluent quality standards for each parameter, as applicable;

(B)          no more than 20 percent of these randomly sampled sites during each sampling year shall exceed the designated NSF-40, TS-I or TS-II effluent quality standards for any parameter, as applicable;

(C)          the sampled systems for the purposes of evaluation for Accepted System status shall be operational for at least three years, with at least 10 systems in operation for at least five years, and results from no more than 20 percent of these sampled systems over five years old shall exceed the designated NSF-40, TS-I or TS-II effluent quality standards for any parameter, as applicable;

(D)          no data collected and analyzed pursuant to Parts (A) through (C) of this Subparagraph shall be considered as part of the audit that is collected before April 1, 2006;

(E)           operation, maintenance or sampling activities that have taken place or are proposed by the third-party at the audited sites, including Operator reports, maintenance logs and projected sample collection days and laboratory reports for samples analyzed, shall be provided to the local health department and the State;

(F)           if the performance criteria in Parts (A) and (B) of this Subparagraph are not met in any sampling year, the sites from which substandard samples are obtained shall be resampled for any non-compliant parameter.  If the performance criteria in  Parts (A) and (B) of this  Subparagraph are still not met using the results from the resampled data, at least 20 new sites or twice as many as were initially sampled, not to exceed 30, shall be sampled for all applicable performance parameters.  If this second set of sample results does not meet performance criteria stipulated in Parts (A) and (B) of this Subparagraph, the accepted system status shall be denied.

(9)           Provisions shall be in place for the manufacturer of a proprietary accepted system which include an advanced pretreatment component to remain certified and listed under NSF Standard 40 or another prior State approved evaluation, certification and listing protocol that includes routine audits of the system manufacturing facilities and of the performance of operational systems that verifies ongoing conformity with the approved protocol.

(10)         Other criteria for determining whether the proposed system has been in general use, and other surveys, including evaluations of different numbers of innovative and conventional systems, designed to verify equal or superior performance of the innovative system compared to the conventional system under actual field conditions in North Carolina shall be approved by the state when they are demonstrated to have comparable statistical validity as described in Subparagraphs (5) or (8) of this Paragraph, as applicable.  The State's review and approval of proposed alternate criteria for determining whether the system has been in general use, or of other proposed surveys are subject to review and concurrence by the Commission.

(i)  APPROVAL AND PERMITTING OF ACCEPTED SYSTEMS:  The following conditions apply to the approval and permitting of accepted systems:

(1)           When a petition or recommendation for an accepted wastewater system designation is approved by the Commission, the State shall notify local health departments and publish a listing of accepted systems.  The Commission shall impose any use, design, installation, operation, maintenance, monitoring, and management conditions pursuant to G.S. 130A-343.

(2)           The local health department shall permit systems designated as accepted nitrification trench systems that meet the requirements of this Section, laws, and conditions of its accepted system approval in an equivalent manner as a conventional system.  The Owner may choose to substitute an accepted system for a conventional system or another accepted system without prior approval of the health department as long as no changes are necessary in the location of each nitrification line, trench depth, or effluent distribution method.

(3)           The owner may choose to substitute an accepted advanced pretreatment system for another accepted advanced pretreatment system provided the owner applies to the local health department and receives a revised Construction Authorization prior to its installation.

(4)           The type of accepted system installed shall be indicated on the Operation Permit, including designation of the manufacturer and model or unique code.

(j)  MODIFICATION OF APPROVED SYSTEMS:  Where a manufacturer of an approved E & I or accepted system seeks to modify such system or its conditions of approval (including siting or sizing criteria) and retain its approved status, the manufacturer shall submit to the State a request for approval of the proposed modification.  If the manufacturer demonstrates that the modified system will perform in a manner equal or superior to the approved system in terms of structural integrity, chemical durability, hydraulic performance and wastewater treatment, the state shall approve the modified system with the same status as the previously approved system.  Approvals of proposed modifications to E & I systems pursuant to this Paragraph shall be made by the State.  Approvals of proposed modifications to accepted systems pursuant to this Paragraph shall be made by the Commission when the manufacturer's demonstration provides clear, convincing and cogent supporting evidence.  In order to confirm the satisfactory performance of an approved modified accepted system, the manufacturer shall conduct a survey or audit of installed modified systems in accordance with Subparagraphs (h)(5) or (h)(8) of this Rule, as applicable, within one year of the fifth anniversary of the  approval of the modified system and shall submit the results of the survey to the State.  The State may modify, suspend, or revoke its approval of the modified system based on the survey results or any other information that supports a finding that the modified system does not perform in a manner equal or superior to the previously approved E & I system.  The Commission may similarly modify, suspend, or revoke its approval of a modified accepted system.

(k)  The State may modify, suspend or revoke the approval of a system as provided for in G.S. 130A-343(c), and as follows:

(1)           The system approval shall be modified as necessary to comply with subsequent changes in laws or rules which affect their approval.

(2)           The approval of a system may be modified, suspended or revoked upon a finding that:

(A)          subsequent experience with the system results in altered conclusions about system performance, reliability, or design;

(B)          the system or component fails to perform in compliance with performance standards established for the system; or

(C)          the system or component or the system applicant fails to comply with wastewater system laws, rules or conditions of the approval.

(3)           The State shall notify the Commission of any action required for Commission approval of any modifications to the status of an accepted system.  The Commission may require the manufacturer or the State to complete a follow-up survey of a proprietary nitrification trench system or a performance audit of an advanced pretreatment system such as described in this Rule if the Commission determines further information is necessary prior to rendering a final decision on modification of the status of an accepted system.

(l)  Modification, suspension or revocation of a system approval shall not affect systems previously installed pursuant to the approval.

(m)  Reductions in total nitrification trench length allowed for systems, as compared to the system sizing requirements delineated in Rule .1955 of this Section for conventional systems based upon excavated trench width, apply only to drainfields receiving septic tank effluent of domestic strength or better quality.  The system may be used for facilities producing non-domestic strength wastewater with nitrification trench length and trench bottom area determined based upon excavated trench width equal to what is required by Rule .1955 of this Section for a conventional gravel trench system, with no reduction or application of an equivalency factor.  However, reductions up to 25 percent when allowed for approved innovative or accepted system models may be applied for facilities producing higher strength wastewater following a specifically approved pretreatment system designed to assure effluent strength equal to or better than domestic septic tank effluent, with a five-day Biochemical Oxygen Demand (BOD) less than 150 milligrams per liter (mg/l), total suspended solids (TSS) less than 100 mg/l and fats, oil and grease (FOG) less than 30 mg/l.

(n)  A Performance Warranty shall be provided by the manufacturer of any approved innovative or accepted wastewater system handling untreated septic tank effluent which allows for a reduction in the total nitrification trench length of more than 25 percent as compared to the total nitrification trench length required for a 36-inch wide conventional wastewater system, pursuant to G.S. 130A-343(j). The Department shall approve the warranty when found in compliance with the applicable laws and this Paragraph.  When a wastewater system warranted according to G.S. 130A-343(j) (warranty system) is proposed to serve a residence, place of business, or place of public assembly, the site shall include a repair or replacement area in accordance with Rule .1945(b) of this Section or an innovative or accepted system approved under this Rule with no more than a 25 percent reduction in excavated trench bottom area.  The following conditions are applicable for the performance warranty and a system approved pursuant to this Paragraph:

(1)           The Manufacturer shall provide the approved Performance Warranty in effect on the date of the Operation Permit issuance to the owner or purchaser of the system.  The warranty shall be valid for a minimum of five-years from the date the warranty system is placed into operation.

(2)           The Manufacturer shall issue the Performance Warranty to the property owner through its authorized installer who shall sign the Performance Warranty indicating the system has been installed in accordance with the manufacturer's specifications, any conditions of the system approval granted by the Department, and all conditions of the Authorization to Construct a Wastewater System by the local health department. The installer or contractor shall return a copy of the signed Performance Warranty to the Manufacturer within 10 days indicating the physical address or location of the facility served by the warranty system, date the system was installed or placed into use, and type and model of system installed.

(3)           The Performance Warranty shall provide that the manufacturer shall furnish all materials and labor necessary to repair or replace a malfunctioning warranty system as defined in Rule .1961(a) of this Section or a warranty system that failed to meet any performance conditions of the approval.  The system shall be repaired or replaced with a fully functional wastewater system at no cost to the Owner, in accordance with this Section and applicable laws.

(4)           Performance Warranty repairs such as full replacement of the nitrification system, extension of the nitrification system or other repairs shall be completed pursuant to a repair Authorization to Construct that is issued by the local health department in accordance with this Section.

(5)           The Performance Warranty shall be attached to the Operation Permit issued by the Health Department for the wastewater system.  The Performance Warranty shall remain in effect, notwithstanding change in ownership, to the end of the five-year warranty period.

(o)  Manufacturers of proprietary systems approved under this Rule shall provide a list of manufacturer's authorized installers to the Department and applicable local health departments, and update this list whenever there are additions or deletions.  No Operation Permit shall be issued for a proprietary system installed by a person not authorized by the Manufacturer, unless the Manufacturer of the proprietary system specifically approves the installation in writing.

(p)  The local health department shall include in its monthly activity report submitted to the State the number of new system Operation Permits issued for E & I and accepted systems.  Additionally, the number of Operation Permits issued for repairs of E & I and accepted systems, and repair system type shall be reported to the State as part of the monthly activity report.  The State shall accumulate and store this installation data for future reference and surveys, including site locations.

(q)  The State shall provide assistance and training to its authorized agents to assure approved E & I and accepted systems are permitted, installed, operated and evaluated in accordance with the system approval.

 

History Note:        Authority G.S. 130A-335(e),(f); 130A-343;

Eff. April 1, 1993;

Temporary Amendment Eff. June 24, 2003; February 1, 2003;

Amended Eff. June 1, 2006; February 1, 2005; May 1, 2004.

 

15A NCAC 18A .1970       ADVANCED WASTEWATER PRETREATMENT SYSTEM

(a)  ADVANCED PRE-TREATMENT SYSTEM PERFORMANCE STANDARDS:  A wastewater system with a design flow of up to 3000 gallons per day approved pursuant to 15A NCAC 18A .1957(c) or .1969 that includes an advanced pretreatment component shall be designed to meet one of the effluent quality standards specified in Table VII prior to dispersal of the effluent to the soil and shall comply with the requirements of this Rule.

 

Table VII (Effluent Quality Standards for Advanced Pretreatment Systems)

Parameter

NSF-40

TS-I

TS-II

Carbonaceous Biochemical Oxygen Demand (CBOD)

<25 (mg/l)*

<15 (mg/l)

<10 (mg/l)

Total Suspended Solids (TSS)

<30 (mg/l)

<15 (mg/l)

<10 (mg/l)

Total Ammonia Nitrogen  (NH3)

 

<10 (mg/1), or at least 80% removal of NH3 if influent TKN exceeds 50 mg/l

<10 (mg/l)

Total Nitrogen (TN)  (TN is Total Kjeldahl Nitrogen plus Nitrate+Nitrite Nitrogen)

 

 

<20 mg/l or >60% removal

Fecal Coliform

 

<10,000 (colonies/100 ml)

<1,000 (colonies/100 ml)

*mg/l is milligrams per liter

 

System performance monitoring, site and system compliance criteria pursuant to these standards are delineated in Paragraphs (n) and (o) of this Rule.  These standards or modifications to these standards may be proposed to be complied with by the designer of systems with a design flow of over 3000 gallons per day or Industrial Process Wastewater Systems and approved by the State pursuant to Rules .1938(e) or .1938(f) of this Section, respectively, when documentation is provided that the performance criteria of Rule .1946 of this Section and 15A NCAC 02L will be met.

(b)  Design influent quality shall not exceed the criteria specified in Table VIII, unless the system is designed and approved by the State to handle higher strength wastewater on a product or project-specific basis.

 

Table VIII (Influent Quality Standards for Advanced Pretreatment Systems)

Parameter

Influent Not to Exceed (mg/l)*

Biochemical Oxygen Demand (BOD)

350

Total Suspended Solids (TSS)

200

Total Kjeldahl Nitrogen (TKN)

100

Fats, Grease and Oil (FOG)

30

*mg/l is milligrams per liter

 

Maximum influent characteristics in Table VIII are based upon septic tank pretreatment.  The product's RWTS, Experimental, Controlled Demonstration, Innovative or Accepted System approval, as applicable, may include alternate or additional influent limitations, such as for systems designed to handle untreated wastewater and special limitations for TS-I and TS-II systems to achieve the proper amount of nitrification.

(c)  The site shall be initially evaluated and classified in accordance with the rules of this Section or as otherwise specified in a system-specific approval issued pursuant to 15A NCAC 18A .1969.  A ground absorption system receiving effluent from an advanced wastewater pretreatment system may be used on sites classified as SUITABLE or PROVISIONALLY SUITABLE for conventional, modified, alternative, or E & I or accepted systems in accordance with this Section.  Modifications to siting and system design criteria pursuant to Paragraphs (d), (e), (f), (g), (h), (i), and (j) of this Rule shall be acceptable, as applicable.

(d)  NSF-40 SYSTEMS SITING AND SIZING REQUIREMENTS:  For systems approved to achieve at least NSF-40 standards and designed for no more than 1500 gallons per day, the following siting and sizing factors apply when designing the soil absorption system:

(1)           Trench or bed bottom separation distances are as specified in this Subparagraph.  In Table IX, "SWC" means "Soil Wetness Condition," and "USC" means an "UNSUITABLE Soil/Fill Condition," other than a SWC.

 

 

Table IX:  Vertical Separation Requirements for NSF-40 Systems ≤1500 gallons per day

Soil/System Criteria

Rule* Reference

Depth from Surface** to UNSUITABLE Soil/Fill Condition

Minimum Vertical Trench/Bed Bottom Separation Requirement

Gravity Distribution

Pressure Dispersal

Gravity Distribution

Pressure Dispersal

Depth to USC

Depth to SWC

Depth to USC

Depth to SWC

Soil Group I

Rules .1955, .1956, and

.1957(a)

24- inches

24-inches

12-inches

12-inches

12-inches

12-inches

Soil Groups II-IV

Rules .1955, .1956, and

.1957(a)

24-inches

24-inches

12-inches

12-inches

12-inches

12-inches

New Fill

Rule .1957(b)(1)

18-inches to USC, and 12-inches to SWC

18-inches to USC, and 12-inches to SWC

18-inches

18-inches

18-inches

12-inches

Existing Fill (£480 gpd only)

Rule .1957(b)(2)

36-inches of Group I Fill/Soils

24-inches of Group I Fill/Soils

36-inches

36-inches

18-inches

18-inches

*Except as allowed in this Rule, all other requirements of the Rules referenced remain applicable

**Minimum depth of soil/fill required at site to permit system.  Depth shall be measured from the naturally occurring soil surface or Existing Fill surface, as applicable

 

(2)           The total drainfield trench length or bed system bottom area, as required for a ground absorption system receiving septic tank effluent, is reduced by 25 percent in soils which are Groups I or II with SUITABLE structure and clay mineralogy.  No other reductions in linear footage of nitrification trench, square footage of trench bottom area or system area shall be applied when a PPBPS or innovative trenches or accepted systems are used for the absorption field, except where based on an adjusted design daily flow rate granted in accordance with 15A NCAC 18A .1949(c).  Bed systems remain restricted to a design flow of 600 gallons per day or less; and

(3)           The minimum horizontal setback requirements of 15A NCAC 18A .1950, .1951 and .1956(6)(g), as applicable, shall be met, except as follows:

 

Table X

Minimum horizontal setbacks for ground absorption systems

Where NSF-40 Pretreatment System are used for ≤ 1500 gallons per day

Land Feature or Component

NSF-40 (feet)

Streams classified as WS-1, except for saprolite

70

Waters classified as S.A., from mean high water mark

70

Other coastal waters from mean high water mark

35

Any other stream, canal, marsh or other surface waters, from normal pool elevation

35

Any Class I or Class II reservoir from normal pool elevation

70

Any permanent storm water retention pond from flood pool elevation

35

Any other lake or pond from normal pool or mean high water elevation

35

 

The Provisions of Subparagraphs (1), (2) and (3) of this Paragraph are also applicable to systems approved as meeting TS-I or TS-II standards pursuant to 15A NCAC 18A .1969, unless otherwise restricted elsewhere in this Rule.

(e)  TS-I SYSTEMS SITING AND SIZING REQUIREMENTS:  Except as allowed in Parts (3)(A) and (3)(B) of this Paragraph, when trenches are used for the drainfield in conjunction with an advanced pretreatment system meeting TS-I standards, one and only one of the following siting, sizing or system factors pursuant to Subparagraphs (1), (2) or (3) of this Paragraph apply when designing the ground absorption component of the system.  When a system is permitted pursuant to this Paragraph, the provisions of Paragraph (d) of this Rule do not apply.

(1)           Trench bottom separation distances for a system with a design flow no greater than 1000 gallons per day are as specified in this Subparagraph.  In Table XI, "SWC" means "Soil Wetness Condition," and "USC" means an "UNSUITABLE Soil/Fill Condition," other than a SWC.

 

Table XI: Vertical Separation Requirements for TS-I Systems ≤ 1000 gallons per day

Soil/System Criteria

Rule* Reference

Depth from Surface** to UNSUITABLE Soil/Fill Condition

Minimum Vertical Trench Bottom Separation Requirement

Gravity Distribution

Pressure Dispersal

Gravity Distribution

Pressure Dispersal

Depth to USC

Depth to SWC

Depth to USC

Depth to SWC

Soil Group I

Rules .1955, .1956, and

.1957(a)

24- inches

18-inches

12-inches

12-inches

9-inches

9-inches

Soil Groups II-IV

Rules .1955, .1956, and

.1957(a)

21-inches

18-inches

9-inches

9-inches

9-inches

9-inches

New Fill

Rule .1957(b)(1)

14-inches to USC, and

12-inches to SWC

12-inches

18-inches

14 -inches

12-inches

9-inches

Existing Fill (£480 gpd only)

Rule .1957(b)(2)

36-inches of Group I Fill/Soil

24-inches of Group I Fill/Soil

36-inches

36-inches

12-inches

12-inches

*Except as allowed in this Rule, all other requirements of the Rules referenced remain applicable

**Minimum depth of soil/fill required at site to permit system.  Depth shall be measured from the naturally occurring soil surface or Existing Fill surface, as applicable

 

(A)          The trench bottom vertical separation distance shall not be reduced to less than 12 inches to rock or tidal water;

(B)          With the exception of the reduced setbacks to drainage devices pursuant to Table XII of this Rule, the minimum horizontal setback requirements of 15A NCAC 18A .1950, .1951 and .1956(6)(g), as applicable, shall be met; and

(C)          A special site evaluation shall be provided to the local health department on behalf of the owner, pursuant to Paragraph (p) of this Rule;

(2)           The long term acceptance rate (LTAR) that would be assigned by the local health department for a ground absorption system using septic tank effluent may be increased by up to a factor of two when all of the following conditions are met:

(A)          A special site evaluation is provided to the local health department on behalf of the owner, pursuant to Paragraph (p) of this Rule, when Group III or IV soils or saprolite occur within three feet of the trench bottom or the site requires drainage of Group II or III soils or whenever the design flow exceeds 1000 gallons per day;

(B)          No further reductions in linear footage of nitrification trench or system area is applied when a PPBPS or innovative trenches or accepted systems are used for the absorption field;

(C)          For systems to be installed in fill, pressure dispersal (LPP or Drip distribution) is utilized; and

(D)          With the exception of the reduced setbacks to drainage devices pursuant to Table XII of this Rule or as allowed pursuant to Part (3)(B) of this Paragraph, the minimum horizontal setback requirements of 15A NCAC 18A .1950, .1951, and .1956(6)(g), as applicable, are met.  For systems with a design flow in excess of 1000 gallons per day, a 25-foot horizontal separation shall be maintained to the property line, unless a site-specific nitrogen migration analysis indicates that a nitrate concentration at the property line will not exceed 10 milligrams per liter (mg/l); or

(3)           The minimum horizontal setback requirements of 15A NCAC 18A .1950, .1951 and .1956(6)(g), as applicable, shall be met, except as follows for a system with a design flow not to exceed 1000 gallons per day:

 

Table XII

Minimum horizontal setbacks for ground absorption systems

Where TS-I Pretreatment Systems are used for ≤ 1000 gallons per day

Land Feature or Component

TS-I (feet)

Any public water supply

100

Streams classified as WS-I, except for saprolite

70

Waters classified as S-A, from mean high water mark

70

Other coastal waters, from mean high water mark

35

Any other stream, canal, marsh or other surface waters, from normal pool elevation

35

Any Class I or Class II reservoir, from normal pool elevation

70

Any permanent storm water retention pond, from flood pool elevation

35

Any other lake or pond, from normal pool or mean high water elevation

35

Any building foundation

5

Any basement

15

Any property line

10

Top of slope of embankments or cuts of 2 feet or more vertical height

15

Any water line

10

Upslope interceptor/foundation drains/diversions

7

Sideslope interceptor/foundation drains/diversions

10

Downslope interceptor/foundation drains/diversions

20

Groundwater lowering ditches or devices

20

Any swimming pool

15

Any other nitrification field (except the system repair area)

10

 

(A)          With the exception of the reduced setbacks to drainage devices or as allowed pursuant to Part (B) of this Subparagraph, when any horizontal setbacks are proposed to be reduced pursuant to Table XII, the vertical separation modifications or LTAR increases shall not be concurrently applied pursuant to Subparagraphs (1) and (2) of this Paragraph, respectively.

(B)          When an accepted system is used which allows for a 25 percent reduction in drainfield trench length, compared with a conventional trench system, for a system designed for 1000 gallons per day or less, the horizontal setback modifications in Table XII and a 25 percent trench length reduction may be concurrently applied when the site has space for an equivalently sized repair system.  A special site evaluation shall be provided to the local health department on behalf of the owner, pursuant to Paragraph (p) of this Rule, when Group III or IV soils or saprolite occur within three feet of the trench bottom.

(f)  TS-II SYSTEMS SITING AND SIZING REQUIREMENTS:  Except as allowed in Parts (3)(A) and (3)(B) of this Paragraph, when trenches are used for the drainfield in conjunction with an advanced pretreatment system meeting TS-II standards, one and only one of the following siting, sizing or system factors pursuant to Subparagraphs (1), (2) or (3) of this Paragraph apply when designing the ground absorption component of the system.  When a system is permitted pursuant to this Paragraph, the provisions of Paragraph (d) of this Rule do not apply.

(1)           Trench bottom separation distances for systems with a design flow no greater than 1000 gallons per day are as specified in this Subparagraph.  In Table XIII, "SWC" means "Soil Wetness Condition," and "USC" means an "UNSUITABLE Soil/Fill Condition," other than a SWC.

 

 

 

 

Table XIII: Vertical Separation Requirements for TS-II Systems ≤ 1000 gallons per day

Soil/System Criteria

Rule* Reference

Depth from Surface** to UNSUITABLE Soil/Fill Condition

Minimum Vertical Trench Bottom Separation Requirement

Gravity Distribution

Pressure Dispersal

Gravity Distribution

Pressure Dispersal

Depth to USC

Depth to SWC

Depth to USC

Depth to SWC

Soil Group I

Rules .1955, .1956, and

.1957(a)

24- inches

15-inches

12-inches

12-inches

6-inches

6-inches

Soil Groups II-IV

Rules .1955, .1956, and

.1957(a)

21-inches

15-inches

9-inches

9-inches

6-inches

6-inches

New Fill

Rule .1957(b)(1)

14-inches to USC, and

12-inches to SWC

12-inches

18-inches

14-inches

12-inches

9-inches

Existing Fill (£480 gpd only)

Rule .1957(b)(2)

36-inches of Group I Fill/Soil

24-inches of Group I Fill/Soils

36-inches

36-inches

12-inches

12-inches

*Except as allowed in this Rule, all other requirements of the Rules referenced remain applicable

**Minimum depth of soil/fill required at site to permit system.  Depth shall be measured from the naturally occurring soil surface or Existing Fill surface, as applicable

 

(A)          The trench bottom vertical separation distance shall not be reduced to less than 12 inches to rock or tidal water;

(B)          With the exception of the reduced setbacks to drainage devices pursuant to Table XIV of this Rule, the minimum horizontal setback requirements of 15A NCAC 18A .1950, .1951 and .1956 (6)(g), as applicable, shall be met; and

(C)          A special site evaluation shall be provided to the local health department on behalf of the owner, pursuant to Paragraph (p) of this Rule;

(2)           The long term acceptance rate (LTAR) that would be assigned by the local health department for a ground absorption system using septic tank effluent may be increased by up to a factor of 2.0 in Group II, III and IV Soils and by up to a factor of 2.5 in Group I Soils when all of the following conditions are met:

(A)          A special site evaluation is provided to the local health department on behalf of the owner, pursuant to Paragraph (p) of this Rule, when Group III or IV Soils or saprolite occur within three feet of the trench bottom or the site requires drainage of Group II or III soils, or whenever the design flow exceeds 1000 gallons per day;

(B)          No further reductions in linear footage of nitrification trench or system area are applied when a PPBPS or innovative trenches or accepted systems are used for the absorption field;

(C)          For systems to be installed in fill, a pressure dispersal system (LPP or Drip distribution) is utilized;

(D)          With the exception of the reduced setbacks to drainage devices pursuant to Table XIV of this Rule or as allowed pursuant to Part (3)(B) of this Paragraph, the minimum horizontal setback requirements of 15A NCAC 18A .1950, .1951 and .1956 (6)(g), as applicable, are met;

(E)           For the LTAR to be increased by a factor above 2.0 (up to 2.5) for a system designed for 1000 gallons per day, or less, there is at least 36 inches of Group I Soils from the naturally occurring soil surface, the depth to a soil wetness condition below the naturally occurring soil surface is at least 24 inches, a pressure dispersal system (LPP or Drip) is utilized, and there is a 100-percent repair area; and

(F)           For the LTAR to be increased by a factor above 2.0 (up to 2.5) for a system designed for greater than 1000 gallons per day, there is at least 48 inches of Group I Soils from the naturally occurring soil surface, the depth to a soil wetness condition below the naturally occurring soil surface is at least 30 inches, a pressure dispersal system (LPP or Drip) is utilized, and there is a 100-percent repair area; or

(3)           The minimum horizontal setback requirements of 15A NCAC 18A .1950, .1951 and .1956(6)(g), as applicable, shall be met, except as follows for a system with a design flow not to exceed 1000 gallons per day:

 

Table XIV: Minimum horizontal setbacks for ground absorption systems

Where TS-II Pretreatment Systems are used for ≤ 1000 gallons per day

Land Feature or Component

TS-II (feet)

Any public water supply

100

Streams classified as WS-I, except for saprolite

50

Waters classified as S-A, from mean high water mark

50

Other coastal waters, from mean high water mark

25

Any other stream, canal, marsh or other surface waters, from normal pool elevation

25

Any Class I or Class II reservoir, from normal pool elevation

50

Any permanent storm water retention pond, from flood pool elevation

25

Any other lake or pond, from normal pool or mean high water elevation

25

Any building foundation

5

Any basement

15

Any property line

10

Top of slope of embankments or cuts of 2 feet or more vertical height

15

Any water line

10

Upslope interceptor/foundation drains/diversions

7

Sideslope interceptor/foundation drains/diversions

10

Downslope interceptor/foundation drains/diversions

15

Groundwater lowering ditches and devices

15

Any swimming pool

15

Any other nitrification field (except the system repair area)

10

 

(A)          With the exception of the reduced setbacks to drainage devices or as allowed pursuant to Part (B) of this Subparagraph, when any horizontal setbacks are proposed to be reduced pursuant to Table XIV, the vertical separation modifications or LTAR increases shall not be concurrently applied pursuant to Subparagraphs (1) and (2) of this Paragraph, respectively.

(B)          If the horizontal setbacks for a TS-II system are only proposed to be reduced to the extent allowed for a TS-I system (Table XII), for a system designed for 1000 gallons per day or less, a 25 percent trench length reduction may be concurrently applied, compared to the length required for any type of trench system receiving septic tank effluent, when the site has space for an equivalently sized repair system.  A special site evaluation shall be provided to the local health department on behalf of the owner, pursuant to Paragraph (p) of this Rule when Group III or IV soils or saprolite occur within three feet of the trench bottom. No further reductions in linear footage of nitrification trench or system area shall be applied when a PPBPS or innovative trenches or accepted systems are used for the absorption field.

(g)  ARTIFICAL DRAINAGE SYSTEMS which include a TS-I or TS-II pretreatment system may be used when soils are Group I, II or III with SUITABLE clay mineralogy, and all other soil and site factors are SUITABLE or PROVISIONALLY SUITABLE or when a groundwater lowering system is proposed to meet the requirements for a fill system, provided all other soil and site factors are met pursuant to 15A NCAC 18A .1957(b)(i).  The following conditions shall be met:

(1)           The drainage system shall meet the requirements of Rule .1956(2)(c), (d) and (e) of this Section;

(2)           The provisions for LTAR or Horizontal Setbacks pursuant to Paragraphs (e) or (f) of this Rule for TS-I or TS-II systems, respectively, shall also apply to Artificial Drainage Systems.  However, there shall be no vertical separation modifications pursuant to Subparagraph (e)(1) or (f)(1) of this Rule from as specified elsewhere in the rules of this Section;

(3)           A special site evaluation shall be provided to the local health department on behalf of the owner, pursuant to Paragraph (p) of this Rule, when there are Group III soils at any depth above the proposed drainage system invert elevation, when a groundwater lowering system is proposed for a fill system, or whenever the system is designed for greater than 1000 gallons per day; and

(4)           Plans and specifications are provided to the local health department of the drainage system pursuant to 15A NCAC 18A .1938(c).

(h)  SAPROLITE SYSTEMS which include a TS-I or TS-II pretreatment system may be used for systems with a design flow not to exceed 1000 gallons per day when the following conditions are met:

(1)           The requirements of Rule .1956(6) of this Section shall be met, except where modifications are allowed in this Paragraph.

(2)           Allowable saprolite textures include sandy clay loam in addition to sand, loamy sand, sandy loam, loam, or silt loam.

(3)           Maximum trench depth is five feet.

(4)           The provisions for LTAR or Horizontal Setback modifications as allowed in Paragraphs (e) or (f) of this Rule for TS-I or TS-II systems, respectively, shall also apply to Saprolite Systems.  However, there shall be no vertical separation modifications from as specified elsewhere in the Rules of this Section;

(5)           For systems installed in saprolite with sandy clay loam texture, the maximum LTAR for gravity trenches shall be 0.2 gallons per day per square foot and 0.1 gallons per day per square foot for  pressure dispersal (LPP or Drip) systems and

(6)           A special site evaluation shall be provided to the local health department on behalf of the owner, pursuant to Paragraph (p) of this Rule.

(i)  BED GROUND ABSORPTION SYSTEMS may be used in conjunction with a TS-I or TS-II system as specified in the system approval on sites with a design flow not to exceed 1000 gallons per day under the following circumstances:

(1)           Bed Systems designed for 1000 gallons per day or less shall be subject to the siting and system criteria of this Subparagraph.  In Table XV, "SWC" means "Soil Wetness Condition," and "USC" means an "UNSUITABLE Soil/Fill Condition," other than a SWC.

 

Table XV: Vertical Separation Requirements for TS-I and TS-II Bed Systems Designed for £1000

Gallons Per Day

Soils/System Criteria to Permit System

Allowable Adjustments to Soil Criteria to Permit System

Depth from Surface* to Soil Wetness Condition

Minimum Vertical Bed Bottom Separation Requirement

Depth to USC

Depth to SWC

SUITABLE or PROVISIONALLY SUITABLE Soils, 30-inches Group I or II Soils from naturally occurring soil surface, and  slope£2%

can increase allowable slope from  £2% to £10% based on hydraulic assessment

36 -inches

24-inches

12-inches

36-inches of Group I Soils from naturally occurring soil surface, and

slope£2%

can reduce from 36 to 18-inches of Group I Soils based on hydraulic assessment, and/or

b. can increase allowable slope from  £2% to £10% based on hydraulic assessment

12-inches

12-inches

12-inches

24-inches of Group I Existing Fill meeting Rule .1957(b)(2)(A),(B), and (C), and only when design flow £480 gallons per day

No Adjustments Applicable

18-inches

18-inches

18-inches

*Minimum depth of soil/fill required at site to permit system.  Depth shall be measured from the naturally occurring soil surface or Existing Fill surface, as applicable

 

(A)          Vertical separation requirements may be met by adding additional SUITABLE Group I fill material, but shall not be met with the use of a groundwater lowering system.

(B)          The hydraulic assessment in Table XV shall be completed pursuant to Paragraph (p) of this Rule, and shall demonstrate that effluent will not discharge to the ground surface and the required separation distance to soil wetness can be maintained.

(C)          When effluent is distributed to the bed by a pump or siphon and the bed is not located directly beneath the pretreatment component, effluent shall be uniformly distributed by a pressure dispersal system (LPP or Drip).

(2)           Horizontal separation distances specified in Subparagraphs (e)(3) and (f)(3) of this Rule are applicable for systems receiving TS-I or TS-II effluent, respectively.  The setbacks shall be measured from the nearest edge of the gravel bed, except for fill systems.  For fill systems, the setbacks shall be measured from a point five feet from the nearest edge of the gravel bed sidewall, or from the projected toe of the side slope of the fill that is required to meet soil and site limitations, whichever is greater.  The system shall be considered to be a fill system only if the gravel bed bottom is installed less than six inches below the naturally occurring soil surface.  For fill systems, the requirements of Rule .1957(b) of this Section, for the side slope of the fill shall be met, as determined beginning at a point six-inches above the top edge of the gravel bed.

(3)           The minimum number of square feet of bottom area shall be determined by dividing the design daily sewage flow by the LTAR, determined in accordance with Rule .1955 of this Section.  When the bed is installed in fill material, the LTAR shall not exceed 1.0 gallons per day per square foot.  The minimum bed size may be reduced as follows:

(A)          The minimum bed size may be reduced by 25 percent, unless the bed is installed in existing fill, in which case the bed area shall not be reduced; or

(B)          For sites that have Group I Soil in the first 36 inches of naturally occurring soil and no soil wetness condition exists within the first 30 inches below the naturally occurring soil surface, the minimum bed size may be reduced by 40 percent when a pressure dispersal system is utilized to distribute flow uniformly throughout the bed area; a timer controller is used to distribute flow evenly over a 24-hour period; and the system is designed and approved to meet TS-II performance standards.  Furthermore, the repair area exemption in 15A NCAC 18A .1945(c) does not apply when the bed size is reduced by more than 25 percent pursuant to this Part.

With the exception of reduced setbacks to drainage devices (Tables XII or XIV), whenever the minimum bed size is reduced pursuant to Parts (A) or (B) of this Subparagraph, the minimum horizontal setbacks as specified in Rules. 1950, .1951 and .1956(6)(g) of this Section, as applicable, shall apply and with no reductions applied.

(j)  BED GROUND ABSORPTION SYSTEMS may be used in conjunction with a TS-I or TS-II system as specified in the system approval on sites with a design flow greater than 1000 gallons per day not to exceed 3000 gallons per day under the following circumstances:

(1)           Bed Systems designed for greater than 1000 gallons per day but not exceeding 3000 gallons per day shall be subject to the siting and system criteria of this Subparagraph.

 

Table XVI: Vertical Separation Requirements for TS-I and TS-II Bed Systems Designed for >1000 to £3000 Gallons Per Day

Soils/System Criteria

Depth from Surface* to Soil Wetness Condition

Minimum Vertical Bed Bottom Separation Requirement

Depth to Soil Wetness Condition

Allowable Adjustment in Depth to Soil Wetness Condition

54-inches of Group I Soils from naturally occurring soil surface

48-inches

24-inches

Can reduce from 24-inches to 12-inches in naturally occurring soil, or to 18-inches for fill systems based on groundwater mounding analysis

*Minimum depth required at site to permit system shall be measured from the naturally occurring soil surface.

 

(A)          Vertical separation requirements may be met by adding additional SUITABLE Group I fill material, but shall not be met with the use of a groundwater lowering system.

(B)          A special site evaluation shall be provided to the local health department on behalf of the owner, pursuant to Paragraph (p) of this Rule.  The groundwater mounding analysis in Table XVI must demonstrate that required vertical separations between bed bottom and a soil wetness condition shall be maintained after accounting for projected groundwater mounding.

(C)          Two or more equally sized beds shall be utilized for any TS-I system designed for over 1000 gallons per day, or for any TS-II system designed for over 1500 gallons per day.  When two beds are used, the minimum separation between beds shall be 20 feet, and when three or more beds are used, the minimum separation between beds shall be 10 feet. Effluent shall be distributed to the beds by a pump and timer control system to distribute flow evenly over a 24-hour period.

(D)          When the system is designed for greater than 1500 gallons per day, the beds shall be located in an area separate from the pretreatment components.

(E)           Whenever the beds are not located directly beneath the pretreatment components, effluent shall be uniformly distributed by a pressure dispersal system (LPP or Drip).

(2)           Horizontal separation distances specified in Rules .1950(a), .1951, or .1956(6)(g) of this Section shall apply without reduction for bed systems designed for greater than 1000 gallons per day.  Furthermore, a 25-foot horizontal separation distance shall be maintained from the bed to the property line and the bed, unless a site-specific nitrogen migration analysis indicates that the nitrate concentration at the property line will not exceed 10 milligrams per liter (mg/l), or TS-II effluent is produced by the approved system.

(3)           The minimum number of square feet of bed bottom area shall be determined by dividing the design daily sewage flow by the LTAR, determined in accordance with Rule .1955 of this Section.  When the bed is installed in fill material, the LTAR shall not exceed 1.0 gallons per day per square foot.  The minimum bed size may be reduced as follows:

(A)          The minimum bed size may be reduced by 25 percent, unless the bed is installed in existing fill, in which case the bed area shall not be reduced; or

(B)          For sites that have Group I Soil in the first 54 inches below the naturally occurring soil surface and no soil wetness condition exists within the first 36 inches below the naturally occurring soil surface, the minimum bed size may be reduced by 40 percent when a pressure dispersal system (LPP or Drip) is utilized to distribute flow uniformly throughout the bed area; a timer controller is used to distribute flow evenly over a 24-hour period; the system is designed and approved to meet TS-II performance standards; and there shall be a 100-percent repair area.

(k)  DESIGN:

(1)           Special system design requirements shall be as prescribed in the product's RWTS, Experimental, Controlled Demonstration, Innovative or Accepted System approval, as applicable;

(2)           Provisions shall be made to allow for the influent to and effluent from the system to be sampled while the system is operational; and

(3)           The system design shall include a means to measure and record daily wastewater flows.  The recording device shall provide a means for determining at least the last 30 days of wastewater flow to the system.

(l)  INSTALLATION:  Pre-treatment systems shall be installed according to the manufacturer's installation specifications and system-specific installation conditions prescribed in the product's RWTS, Experimental, Controlled Demonstration, Innovative or Accepted System approval, as applicable, by a manufacturer-authorized installer.  Installation and construction specifications for the ground absorption system shall be in accordance with this Section and site-specific conditions as specified in the Authorization to Construct.

(m)  OPERATION AND MAINTENANCE:  Maintenance, as specified in the product's RWTS, Experimental, Controlled Demonstration, Innovative or Accepted System approval, as applicable, shall be performed by the certified operator pursuant to 15A NCAC 18A .1961 and as specified in the product approval.  The following provisions apply to the Operation and Maintenance of Advanced Pretreatment Systems:

(1)           For systems installed after July 1, 2006, the manufacturer of a proprietary advanced pretreatment system shall provide for the ongoing operation and maintenance of its systems.  The manufacturer shall make available to the owner an operation and maintenance contract that meets the management entity requirements for the system pursuant to 15A NCAC 18A .1961.  The contract shall be renewable and the contract term shall be for a minimum of one year.

(2)           For systems installed prior to July 1, 2006, the manufacturer shall provide an optional renewable yearly operation and maintenance contract with the owner that fulfills the management entity requirements for the system pursuant to 15A NCAC 18A .1961.

(3)           Prior to the issuance or re-issuance of an Operation Permit for a proprietary advanced pretreatment system after July 1, 2006, the owner shall provide to the health department documentation that a contract for operation and maintenance of the system is in place with either the manufacturer, manufacturer's representative, or with a certified operator authorized in writing by the manufacturer or manufacturer's representative to operate the system.

(4)           The manufacturer shall notify the local health department and the State when the owner chooses to not renew an operation and maintenance contract executed pursuant to Subparagraphs (1) or (2) of this Paragraph.

(n)  SYSTEM PERFORMANCE:  The performance of each system shall be monitored by the certified wastewater treatment facility operator (ORC).  A performance report shall be submitted annually to the local health department by the ORC.  Type of monitoring and monitoring frequency shall vary by type of approval, the designated performance standard, system design flow, and history of system performance as follows:

(1)           Each system shall be visually inspected by the ORC at least annually using a procedure proposed by the manufacturer and approved by the state as part of the product's RWTS, Experimental, Controlled Demonstration, Innovative or Accepted System approval, as applicable.

(2)           The 7-day and 30-day influent wastewater flow from the facility to the system prior to a monitoring visit shall be measured by the ORC using the recording device delineated in Subparagraph (k)(3) of this Rule, or by an alternate approved means.  For systems serving Vacation Rentals subject to the North Carolina Vacation Rental Act, G.S. 42A, this visit shall be scheduled during the seasonal high use period and shall be coincident with any required water quality sampling.  For existing systems where it is not feasible to directly obtain the past 7-day and 30-day influent wastewater flow data, wastewater usage during the 7 to 30 day period prior to the monitoring visit shall be estimated by using either elapsed time clock readings when an effluent pump is present, water meter readings, or as otherwise specified in the product or site-specific system approval.

(3)           Effluent from an approved Controlled Demonstration, RWTS and Innovative System shall be sampled prior to disposal in the absorption field as follows:

(A)          A Controlled Demonstration system shall be sampled quarterly for all applicable performance parameters until the system receives Innovative approval, unless the product specific approval includes an alternate monitoring schedule proposed by the manufacturer and approved by the State;

(B)          Sites with an approved RWTS or Innovative system shall be grab or composite sampled annually for all applicable performance parameters (semi-annually when the design flow is 1500 to 3000 gallons per day).  After two years of data have been collected from at least 50 separate sites that indicate compliant system performance, the number of parameters sampled for TS-I and TS-II Systems may be reduced by 50 percent.  An alternative monitoring schedule may be proposed by the manufacturer and approved by the State when determined to provide an equal or more reliable indication of system performance compliance; or

(C)          Sites with a design flow up to 1500 gallons per day, which are being managed under an on-going maintenance and operation contract between the owner and the system manufacturer or ORC authorized by the manufacturer, may alternatively be sampled randomly if the manufacturer chooses to comply with the performance audit requirements as stipulated in 15A NCAC 18A .1969(h)(8), when there are at least 10 operational systems covered under such contracts. The manufacturer may also choose to include other existing sites in the performance audit required prior to obtaining accepted system status.  Notwithstanding this provision for random sampling, sampling at any other site not being sampled during the audit may be determined to be necessary by the ORC during the visual inspection of the system pursuant to Subparagraph (1) of this Paragraph.

An influent sample to the pre-treatment system (e.g., septic tank effluent) shall be taken concurrently whenever the system effluent is sampled and analyzed for at least BOD and TKN.  Effluent shall be re-sampled within 15 days when laboratory results indicate non-compliance with Part (o)(1)(C) of this Rule and analyzed at least for the non-compliant parameter(s), unless an alternate re-sampling schedule is required for a site included in a performance audit.  When re-sampling, an influent sample shall be collected concurrently and analyzed for the corresponding parameter.

(4)           An Accepted System with a design flow up to 1500 gallons per day shall comply with Subparagraphs (n)(1) and (n)(2) of this Rule and 15A NCAC 18A  .1969(h)(9).  Routine sampling of individual sites shall no longer be carried out, unless determined to be necessary during the visual inspection of the system pursuant to Subparagraph (n)(1) of this Rule or if required as part of an enforcement action by the local health department or the State.  If sampling is determined to be necessary, an alternative monitoring schedule may be proposed by the manufacturer or the State and approved by the Commission when the system is granted accepted Status.

(5)           All samples shall be collected, preserved, transported and analyzed in compliance with 40 CFR 136. The manufacturer shall demonstrate that the system can be sampled in compliance with 40 CFR 136 and that the method for system sampling accurately monitors system performance.  Samples shall be analyzed by a state certified laboratory.  Samples shall be analyzed for the applicable parameters.  The sample collector shall maintain a complete chain of custody from sample collection to analysis for each sample collected. The results of all analyses for each sample shall be reported by the certified wastewater laboratory directly to the ORC and simultaneously to the health department and the state.  Repeat sampling at any site shall be performed as required in the system approval, approved performance audit, this Rule, or as otherwise directed by the health department or state as part of an enforcement action.  The owner or manufacturer or manufacturer's representative may also re-sample a system to verify or refute sample results, as long as the results of all samples collected are similarly reported.

(o)  SITE AND SYSTEM COMPLIANCE:  Compliance with the performance standards shall be determined as follows:

(1)           An individual advanced pretreatment system at a single site shall be considered to be in compliance when:

(A)          The annual visual inspection indicates compliant conditions as specified in the visual inspection procedure approved pursuant to Subparagraph (n)(1) of this Rule;

(B)          The 7-day inflow does not exceed 1.3 times the design daily flow and the 30-day inflow does not exceed the design daily flow;

(C)          Influent wastewater to the system does not exceed the requirements in Table VIII, at sites where influent sampling is required; and

(D)          When annual effluent sampling is required, sample value is no more than two times (2.5 times for fecal coliform) the designated standard for one or more parameters in Table VII, even after re-sampling; or if four or more effluent samples are collected on different operating days over a one year period, the arithmetic mean (geometric mean for fecal coliform) of the data does not exceed the designated standard for one or more parameters in Table VII, even when excluding from the mean a statistical outlier or an instance of non-compliance that has been remedied by corrective maintenance.

(2)           An approved system shall be considered in compliance when:

(A)          The arithmetic mean (geometric mean for fecal coliform) of all data collected from all sites during a given one-year period, or from a representative sampling of sites in the state (excluding statistical outliers) does not exceed the designated standard;

(B)          No more than 20 percent of the sites from which the data were collected in Part (o)(2)(A) of this Rule shall exceed the designated standard for one or more parameters (an individual non-compliant site shall be reclassified "compliant" if found to meet the designated standard upon re-sampling within 30 days); and

(C)          No more than 10 percent of samples collected from all sites during a given one-year period or from a representative sampling of sites in the state shall exceed two times the designated standard for one or more parameters (with the exception of fecal coliform, for which a 2.5 multiplication factor shall be used).

When determining compliance with system performance standards set forth in Parts (A), (B) and (C) of this Subparagraph, data shall be excluded from individual advanced pretreatment systems at single sites found to be out of compliance pursuant to Parts (1)(B) and (1)(C) of this Paragraph and from individual sites that have otherwise been documented to have been subjected to significant abuse, as specified by the manufacturer in its operation and maintenance manual which has been provided to the system owner.

(3)           When a site or system is found to be out of compliance the following actions shall occur:

(A)          The Operator (ORC) shall inform the owner and the local health department of an individual system at a single site found to be out of compliance, including when wastewater flow is greater than the system design flow rate; influent wastewater quality exceeds the standards set forth in Table VII; or maintenance/repairs are found to be needed as identified during system inspection. This notice shall identify non-compliant condition(s), explain potential impacts, and suggest methods to bring the system or use back into compliance.

(B)          The local health department shall issue a notice of violation to the owner of an individual system at a single site found to be out of compliance when, the system is found to be malfunctioning as determined during the visual inspection specified in Part (1)(A) of Paragraph (o) of this Rule; wastewater flow exceeds wastewater flow standards in Part (1)(B) of this Paragraph; or the effluent sample results are out of compliance as specified in Parts (1)(D) or (1)(E) of this Paragraph, even upon re-sampling.  The notice shall identify the violations and steps necessary to remedy the problems, including modification of the system, establish time frame to achieve compliance, and other follow-up requirements and set forth further enforcement possibilities if compliance is not achieved.

(C)          The state shall issue a notice of violation to the manufacturer of a system found to be out of compliance as specified in Subparagraph (2) of this Paragraph.  The notice shall identify the violations and steps necessary to remedy the problems, including modification of the system, establish time frame to achieve compliance, and other follow-up requirements and set forth further enforcement possibilities if compliance is not achieved which may include action on the system's approval status pursuant to applicable Laws and Rules.

(D)          The local health department shall issue the manufacturer or manufacturer's representative an intent to suspend issuance of new construction authorizations for new systems of a particular manufacturer that has installed and has in operation at least 10 systems in the county if more than 10 percent of the manufacturer's systems installed in the county are found to be malfunctioning during the visual inspection specified in Subparagraph (n)(1) of this Rule or in violation of effluent performance standards as specified in Parts (1)(D) or (1)(E) of this Paragraph in any single year excluding single sites found to be out of compliance pursuant to Parts (1)(B) or (1)(C) of this Paragraph, sites where the owner has not maintained a contract for operation and maintenance of the system pursuant to Rule .1961 of this Section, and individual sites that have otherwise been documented to have been subjected to significant abuse, as specified by the manufacturer in its operation and maintenance manual which has been provided to the system owner.

(E)           The local health department shall issue the manufacturer or manufacturer's representative an intent to suspend issuance of new construction authorizations for new systems of a particular manufacturer that has installed and has in operation at least 10 systems in the county if more than five percent of the manufacturer's systems installed in the county that are being managed under an ongoing maintenance and operation contract between the owner and the system manufacturer or ORC authorized by the manufacturer have required operation and maintenance activities under the control of the manufacturer that have not been completed for the last reported year.

(F)           The Operator (ORC) shall submit all individual system compliance data and all operations and maintenance records to the local health department.  The local health department shall convey information on individual system compliance to the State on at least an annual basis.  Action by a local health department on approval of a system in a county does not preclude action by the State on the system's approval status, pursuant to applicable Laws and Rules.

(G)          Notwithstanding the activities delineated for dealing with non-compliance elsewhere in Subparagraph (3) of this Paragraph, nothing shall preclude the local health department or State from using any available remedy when an imminent health hazard is determined to exist, in accordance with applicable Laws and Rules.

(p)  RESPONSIBILITIES AND PERMITTING PROCEDURES:  Special responsibilities and permitting procedures for pre-treatment systems shall be as prescribed in the system approval and applicable rules of this Section.  The following summarize the conditions requiring a special evaluation of a site where the ground absorption system is to be preceded by an advanced pretreatment system, and what such an evaluation shall include:

(1)           Prior to the issuance of the Improvement Permit at a site where the drainfield is to be preceded by an advanced pre-treatment system, an evaluation shall be provided to the local health department on behalf of the owner when any of the following conditions are applicable:

(A)          the initial vertical separation siting criteria or vertical separation distances for trench bottoms are proposed to be reduced in accordance with Subparagraphs (e)(1) or (f)(1) of this Rule,

(B)          drainage is proposed for Group III soils or a groundwater lowering system is proposed to be used in conjunction with a fill system in accordance with Paragraph (g) of this Rule,

(C)          sandy clay loam texture saprolite is proposed to be used in accordance with Paragraph (h) of this Rule,

(D)          the LTAR is proposed to be increased on a site with Group III or IV soils within three feet of the proposed trench bottom or on a site where drainage of Group II or III soils is proposed, or on any site when the design flow exceeds 1000 gallons per day, in accordance with Subparagraphs (e)(2) or (f)(2) of this Rule, or

(E)           for a bed system with flow exceeding 1000 gallons per day in accordance with Paragraph (j) of this Rule, or if required for other bed systems in accordance with Subparagraph (i)(1) of this Rule.

(2)           When a special site evaluation is required pursuant to Subparagraph (1) of this Paragraph, it shall contain the following information, as applicable.  This evaluation shall be prepared by a person or persons who are licensed or registered to consult, investigate, or evaluate soil and rock characteristics, hydraulic conductivity, lateral flow, groundwater hydrology and nutrient transport, if required pursuant to G.S. 89F or 89E.  This evaluation shall be provided to the local health department in a written report sealed, signed and dated by any licensed or registered professionals who contributed to the report.

(A)          descriptions of soil profiles and soil morphological conditions to a depth of at least three feet below the proposed trench or bed bottom and description of landscape setting in the initial system area and repair area.  Descriptions shall be in accordance with the methodology and standards in the Field Book for Describing and Sampling Soils, NRCS, USDA, which is hereby incorporated by reference, including any subsequent amendments and editions.  Copies of the Field Book may be inspected at the Environmental Health Section Raleigh Office, 2728 Capital Boulevard, Raleigh, 27609, and copies may be downloaded at no cost from the internet at: http://soils.usda.gov/technical/fieldbook/;

(B)          field measurements of the depth and thickness of each of the soil horizons;

(C)          recommended location and depth for placement of the trenches or beds and the recommended LTAR;

(D)          hydraulic assessment, based on site-specific information, substantiating the projected effectiveness of system performance. This shall include supporting documentation that indicates the treated effluent applied at the proposed LTAR will not result in the discharge of effluent to the surface of the ground after the system is installed and operated within design parameters; that all required vertical separation distances shall be maintained; and justification for any proposed drainage systems or other site modifications.  This hydraulic assessment shall require in-situ tests of saturated hydraulic conductivity, groundwater mounding analysis, lateral flow analysis, and monitoring or modeling of existing or projected depth to a soil wetness condition based upon procedures of Rule .1942 of this Section, as needed;

(E)           site-specific nitrogen migration analysis, if needed pursuant to Subparagraphs (e)(2) or (j)(2) of this Rule; and

(F)           proposed site-specific requirements for system design, installation, site preparation, modifications, final landscaping and vegetative cover.

 

History Note:        Authority G.S. 130A-334; 130A-335; 130A-336; 130A-337; 130A-340; 130A-342; 130A-343;

Eff. June 1, 2006;

Amended Eff. October 1, 2011.

 

15A NCAC 18A .1971       ENGINEERED OPTION PERMIT

(a)  An owner choosing to use an Engineered Option Permit (EOP) for on-site wastewater systems pursuant to G.S. 130A-336.1 shall employ the services of a professional engineer licensed pursuant to G.S. 89C to prepare signed and sealed drawings, specifications, plans, and reports for the design, construction, operation, and maintenance of the wastewater system.

(b)  SITE EVALUATION: Prior to the submittal of a Notice of Intent to Construct (NOI) for an EOP system, a soil scientist licensed pursuant to G.S. 89F or a geologist licensed pursuant to G.S. 89E shall conduct an evaluation of soil conditions and site features of the proposed site. This evaluation shall be in accordance with the rules of this Section.

(c)  NOTICE OF INTENT TO CONSTRUCT: The NOI for an EOP System shall be submitted by the owner or a professional engineer authorized as the legal representative of the owner to the local health department in the county where the design unit is located. The NOI shall be submitted on the common form provided by the Department. The common form is available by accessing the Department's website at http://ehs.ncpublichealth.com/oswp/docs/rules/EOPCommonFormNovember-1-2016.pdf. It shall include all of the information specified in G.S. 130A-336.1(b) and the following:

(1)           The soil scientist's, geologist's, and on-site wastewater system contractor's name, license number, address, e-mail address, and telephone number;

(2)           Information required in Rules .1937(d) and .1937(e) of this Section for Improvement Permit and Construction Authorization 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 professional engineer shall reference any existing permit issued for a private drinking water supply, public water supply, or a wastewater system on both the subject and adjoining properties to provide documentation of compliance with setback requirements in Rule.1950 of this Section; and

(4)           Proof of insurance for the professional engineer, soil scientist, geologist, and on-site wastewater system contractor.

(d)  DESIGN PLANS AND SPECIFICATIONS: The professional engineer design shall incorporate findings and recommendations on soil and site conditions, limitations, and any site modifications specified by the soil scientist or geologist, as applicable, and in accordance with G.S. 130A-336.1(k)(1). When the professional engineer chooses to employ pretreatment technologies not yet approved in this State, the engineering report shall specify the proposed technology, and the associated siting, installation, operation, maintenance, and monitoring requirements, including manufacturers endorsements associated with its proposed use.

(e)  CONSTRUCTION OF WASTEWATER SYSTEM: No building permit for construction, location, or relocation shall be issued until after a decision of completeness of the NOI is made by the local health department, or the local health department fails to act within 15 business days. Construction of the wastewater system shall not commence until the system design plans and specifications have been provided to the on-site wastewater system contractor and the signed and dated statement by the contractor is provided to the owner. The owner shall be responsible for assuring no modifications or alterations to the site for the wastewater system or the system repair area are made as a result of any construction activities for the design unit before or after construction of the wastewater system, unless approved by the professional engineer, soil scientist, or geologist, as applicable.

(f)  AUTHORIZATION TO OPERATE: Prior to providing written confirmation for Authorization to Operate, the local health department shall receive the following:

(1)           Documentation that all reporting requirements identified in G.S. 130A-336.1(l) have been met;

(2)           Information set forth in Rule .1938(h) of this Section;

(3)           System start-up documentation, including applicable baseline operating parameters for all components;

(4)           Documentation by the owner or their legal representative that all necessary legal agreements, including easements, encroachments, multi-party agreements, and other documents have been properly prepared, executed and recorded in accordance with Rules .1937(h) and .1938(j) of this Section; and

(5)           Record drawings.

The local health department shall use the common form for written confirmation.

(g)  OPERATION: The owner of the wastewater system approved pursuant to the EOP 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) and Rule .1961 of this Section.

(h)  SYSTEM MALFUNCTION: For repair of a malfunctioning EOP system, this Rule shall be followed in conjunction with Rule .1961 of this Section. The operator shall notify the local health department within 48 hours of the system malfunction.

(i)  DESIGN UNIT CHANGE OF USE: The owner of an EOP system who wishes to change the use of the design unit shall contact the professional engineer, soil scientist, geologist, and on-site wastewater system contractor, to determine whether the current system would continue to meet the requirements of the rules of this Section for the proposed change of use. The professional engineer, soil scientist, geologist, or on-site wastewater system contractor shall determine what, if any, modifications shall be necessary for the wastewater system to continue to meet the requirements of the Rules of this Section following the proposed change of use. A NOI reflecting the change of use and any required modifications to the system shall be submitted to the local health department and follow the EOP permitting process.

(j)  LOCAL HEALTH DEPARTMENT RESPONSIBILITIES: The local health department is responsible for the following activities related to the EOP system:

(1)           File all EOP documentation consistent with current permit filing procedures at the local health department;

(2)           Submit a copy to the Department of the NOI common form and written confirmation of Authorization to Operate;

(3)           Review the performance and operation reports submitted in accordance with Table V(b) of Rule .1961 of this Section;

(4)           Perform on-site compliance inspections of the wastewater system in accordance with Table V(a) of Rule .1961 of this Section;

(5)           Investigate complaints regarding EOP systems;

(6)           Issue a notice of violation for systems determined to be malfunctioning in accordance with Rule .1961(a) of this Section. The local health department shall direct the owner to contact the professional engineer, soil scientist, geologist, and on-site wastewater system contractor, as appropriate, for determination of the reason of the malfunction and development of a NOI for repairs; and

(7)           Require an owner receiving a notice of violation to pump and haul sewage in accordance with Rule .1961(m) of this Section.

(k)  CHANGE IN LICENSED PROFESSIONALS: The Owner may contract with another licensed professional to complete an EOP project. An updated NOI shall be submitted to the local health department.

(l)  Nothing in this Rule shall be construed as allowing any licensed professional to provide services for which he or she has neither the educational background, expertise, or license to perform, or is beyond his or her scope of work as provided for pursuant to G.S. 130A-336.1 and the applicable statues for their respective professions.

 

History Note:        Authority G.S. 130A-335; 130A-336.1;

Temporary Adoption Eff. July 1, 2016;

Eff. April 1, 2017.

 

SECTION .2000 ‑ ADMINISTRATIVE PENALTIES

 

Rules .2001 ‑ .2011 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2001 ‑ .2011); has been transferred and recodified from Rules .2001 ‑ .2011 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2001 ‑ .2011), effective April 4, 1990.

 

 

15A NCAC 18A .2001       DEFINITIONS

15A NCAC 18A .2002       ADMINISTRATIVE PENALTIES

15A NCAC 18A .2003       WHO MAY ASSESS PENALTIES

15A NCAC 18A .2004       WHEN PENALTIES MAY BE ASSESSED

15A NCAC 18A .2005       AMOUNT OF PENALTY ASSESSMENT

15A NCAC 18A .2006       CONSIDERATIONS IN ASSESSING ADMINISTRATIVE PENALTIES

15A NCAC 18A .2007       PROCEDURE FOR ASSESSMENT

15A NCAC 18A .2008       PAYMENTS: HEARING

15A NCAC 18A .2009       STAY OF PENALTY ASSESSMENT

15A NCAC 18A .2010       WAIVER OF ADMINISTRATIVE HEARING

15A NCAC 18A .2011       REFERRAL

 

History Note:        Authority G.S. 130A‑22(f);

Eff. January 1, 1984;

Amended Eff. May 1, 1987;

Repealed Eff. July 1, 1990 in accordance with G.S. 150B‑59(c).

 

 

 

SECTION .2100 ‑ RULES GOVERNING THE SANITATION AND SAFETY OF MIGRANT HOUSING

 

Rules .2101 ‑ .2103 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2101 ‑ .2103); have been transferred and recodified from Rules .2114 ‑ .2116 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2114 ‑ .2116).  Rules .2104 ‑ .2105 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2104 ‑ .2105); have been transferred and recodified from Rules .2118 ‑ .2119 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2118 ‑ .2119).  Rules .2106 ‑ 2116 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2106 ‑ .2116) have been transferred and recodified from Rules .2121 ‑ .2131 of Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2121 ‑ .2131), effective April 4, 1990.

 

15A NCAC 18A .2101       DEFINITIONS

15A NCAC 18A .2102       PERMITS

15A NCAC 18A .2103       INSPECTIONS

15A NCAC 18A .2104       RIGHT OF ENTRY

15A NCAC 18A .2105       GRADING

15A NCAC 18A .2106       SITE

15A NCAC 18A .2107       BUILDINGS

 

History Note:        Authority G.S. 130A‑239;

Eff. January 1, 1985;

Amended Eff. June 1, 1989; January 1, 1989; February 1, 1987; July 1, 1986;

Repealed Eff. July 1, 1990 in accordance with G.S. 150B‑59(c).

 

15A NCAC 18A .2108       WATER SUPPLY

 

History Note:        Authority G.S. 130A‑239;

Eff. January 1, 1985;

Amended Eff. June 1, 1989; January 1, 1989; July 1, 1986;

Repealed Eff. October 1, 1990.

 

 

 

15A NCAC 18A .2109       TOILET FACILITIES

15A NCAC 18A .2110       SEWAGE DISPOSAL FACILITIES

15A NCAC 18A .2111       LAUNDRY: HANDWASHING: AND FACILITIES

15A NCAC 18A .2112       LIGHTING AND ELECTRICAL OUTLETS

15A NCAC 18A .2113       SOLID WASTE DISPOSAL

15A NCAC 18A .2114       KITCHEN AND DINING FACILITIES

15A NCAC 18A .2115       INSECT: RODENT: AND ANIMAL CONTROL

15A NCAC 18A .2116       FIRST AID

 

History Note:        Authority G.S. 130A‑239;

Eff. January 1, 1985;

Amended Eff. June 1, 1989; January 1, 1989;

Repealed Eff. July 1, 1990 in accordance with G.S. 150B‑59(c).

 

 

 

15A NCAC 18A .2117       WATER SANITATION AND QUALITY

(a)  A water supply shall be provided that complies with the provisions of 15A NCAC 18A .1700.

(b)  Prior to occupancy of a migrant housing facility, water samples for bacteriological analysis shall be collected by an environmental health specialist and submitted to the Division of Laboratory Services of the Department of Environment and Natural Resources or another laboratory certified pursuant to 15A NCAC 20D for analysis.  A sample negative for coliform organisms shall be obtained prior to the issuance of health department approval. 

(c)  An environmental health specialist may collect water samples after occupancy for analysis by the Division of Laboratory Services of the Department or another laboratory certified pursuant to 15A NCAC 20D to determine the continued safety of the water supply for domestic use.  The water supply shall be deemed unsafe for domestic use and action taken as follows:

(1)           The water supply shall be deemed immediately unsafe upon confirmation of the presence of fecal coliform bacteria or, upon determination by the Environmental Epidemiology Section of the Department that the presence of chemical constituents poses an immediate threat to life.  Under these circumstances, the Department shall immediately contact both the migrant housing operator and the Migrant Housing Division, North Carolina Department of Labor.  All verbal contact made by the environmental health specialist shall be confirmed in writing.

(2)           The water supply shall be deemed unsafe for long‑term usage upon confirmation of a positive total coliform test or upon determination by the Environmental Epidemiology Section of the Department that the presence of chemical constituents poses a threat to health.  Under these circumstances, the Department shall, within three days, notify the migrant housing operator and the Migrant Housing Division, North Carolina Department of Labor.  All verbal contacts made by the environmental health specialist shall be confirmed in writing.

 

History Note:        Authority G.S. 95‑225;

Eff. October 1, 1990;

Amended Eff. January 1, 2003.

 

SECTION .2200 ‑ SANITATION OF BED AND BREAKFAST HOMES

 

15A NCAC 18A .2201       DEFINITIONS

15A NCAC 18A .2202       PERMITS

15A NCAC 18A .2203       INSPECTIONS: VISITS: POSTING OF GRADE CARD

15A NCAC 18A .2204       INSPECTION FORMS

15A NCAC 18A .2205       GRADING

15A NCAC 18A .2206       FLOORS

15A NCAC 18A .2207       WALLS AND CEILINGS

15A NCAC 18A .2208       LIGHTING AND VENTILATION

15A NCAC 18A .2209       TOILET: HANDWASHING: LAUNDRY: AND BATHING FACILITIES

15A NCAC 18A .2210       WATER SUPPLY

15A NCAC 18A .2211       DRINKING WATER FACILITIES: ICE HANDLING

15A NCAC 18A .2212       DISPOSAL OF WASTES

15A NCAC 18A .2213       VERMIN CONTROL: PREMISES

15A NCAC 18A .2214       STORAGE: MISCELLANEOUS

15A NCAC 18A .2215       BEDS: LINEN: FURNITURE

15A NCAC 18A .2216       FOOD SERVICE UTENSILS AND EQUIPMENT

15A NCAC 18A .2217       FOOD SUPPLIES

15A NCAC 18A .2218       FOOD PROTECTION

15A NCAC 18A .2219       FOOD SERVICE PERSONS

15A NCAC 18A .2220       SEVERABILITY

15A NCAC 18A .2221       APPEALS PROCEDURE

 

History Note:        Authority G.S. 130A‑250;

Eff. April 1, 1984;

Amended Eff. November 1, 2006; November 1, 2002; October 1, 1993; April 1, 1992; August 1, 1991; September 1, 1990; March 1, 1988; February 1, 1987; July 1, 1986;

Repealed October 1, 2017.

 

SECTION .2300 ‑ DELEGATION OF AUTHORITY TO ENFORCE COMMISSION FOR Public Health's SANITATION RULES

 

 

Rules .2301 ‑ .2306 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2301 ‑ .2306); has been transferred and recodified from Rules .2301 ‑ .2306 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2301 ‑ .2306).  Rule .2307 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2307); has been transferred and recodified from Rule .2308 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2308), effective April 4, 1990.

 

 

15A NCAC 18A .2301       SCOPE OF DELEGATED AUTHORITY

15A NCAC 18A .2302       ELIGIBILITY FOR DELEGATION OF AUTHORITY

15A NCAC 18A .2303       DELEGATION OF AUTHORITY

15A NCAC 18A .2304       EVALUATION

 

History Note:        Authority G.S. 130A‑4(b); 130A‑5(3);

Eff. October 1, 1985;

Amended Eff. December 1, 1990; September 1, 1990;

Repealed Eff. March 1, 1998.

 

 

 

15A NCAC 18A .2305       AGENTS SERVING AS CONTRACTORS

The Division may allow an agent who is authorized in a specific local health department to contract with another local health department to provide services to the other local health department.  When a local health department contracts for such services, the contracting department shall provide a statement to the Division on progress made to employ an individual who may be considered for authorization.

(1)           A contract shall be created between the contracting local health department and the agent (contractor) to include at least the following provisions:

(a)           Names and addresses of each party.

(b)           Scope of work to be performed.

(c)           A requirement that the original public records remain in the local health department in which the work is performed.  The public records shall be left at the local health department or with an individual employed by the local health department who shall be responsible for returning said records to the local health department within two business days of the service provided.

(d)           Designation of the party responsible for maintaining public records created by the agent.

(e)           A requirement that the contracting agent be available for consultation to the public being served during usual business hours.

(f)            A requirement that the contracting agent be available for any hearing or other legal proceeding which may ensue from activities conducted by the agent.

(2)           The contracting agent shall maintain a list of each activity and the date performed for review in accordance with Item (3) of this Rule.

(3)           Each public record created by the contracting agent shall be reviewed, dated, and initialed by an authorized agent of the contracting local health department.  In addition, at least 10 percent of the activities performed by the agent shall be reviewed in the field by an authorized agent employed by the contracting local health department.  If the contracting local health department has no authorized employee, the Division shall conduct a review of each public record created by the contracting agent.  In addition, at least 10 percent of the activities performed by the agent shall be reviewed on-site in the field by the Division.  The review shall be conducted each month and shall cover the previous month's activities conducted by the agent.

 

History Note:        Authority G.S. 130A-4; 130A-29;

Eff. October 1, 1985;

Amended Eff. July 1, 1998; September 1, 1990.

 

 

 

15A NCAC 18A .2306       RE‑AUTHORIZATION

 

History Note:        Authority G.S. 130A‑4(b); 130A‑5(3);

Eff. October 1, 1985;

Repealed Eff. March 1, 1998.

 

 

 

15A NCAC 18A .2307       EVALUATION

The regional specialist may, at any time, evaluate the performance of an authorized agent and recommend that the Director, Division of Environmental Health, take corrective action.

 

History Note:        Authority G.S. 130A‑4(b); 130A‑5(3);

Eff. February 1, 1987;

Amended Eff. July 1, 1998; September 1, 1990.

 

 

 

15A NCAC 18A .2308       RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 18A .2309       RESERVED FOR FUTURE CODIFICATION

 

15A NCAC 18A .2310       APPEALS PROCEDURES

Appeals concerning denials, suspensions and revocations of authorization under these Rules shall be made in accordance with G.S. 150B.  An individual whose authorization has been suspended or revoked and who timely requests an appeal may continue to work as an authorized agent until a final agency decision is made pursuant to G.S. 150B-36; however, all inspection forms and permits completed by the agent during that period must be countersigned by another authorized agent who concurs with the findings and conclusions reflected on the inspection forms and permits.

 

History Note:        Authority G.S. 130A‑4; 130A‑29;

Eff. July 1, 1998.

 

 

 

 

 

SECTION .2400 ‑ SANITATION OF PUBLIC: PRIVATE: AND RELIGIOUS SCHOOLS

 

Rules .2401 ‑ .2417 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2401 ‑ .2417); has been transferred and recodified from Rules .2401 ‑ .2417 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2401 ‑ .2417), effective April 4, 1990.

 

15A NCAC 18A .2401       DEFINITIONS

The following definitions shall apply throughout this Section:

(1)           "Central toilet" means a toilet which exits into a hallway or corridor and has more than one water closet.

(2)           "Department" means the Department of Environment and Natural Resources and its authorized agents.

(3)           "Home school" means a school as defined in G.S. 115C‑563.

(4)           "Principal" means the executive head of a school.

(5)           "Private or religious school" means a school which is not supported by funds appropriated by the General Assembly of North Carolina, by the federal government, or through local governmental sources.

(6)           "Public school" means a school supported by public funds appropriated by the General Assembly of North Carolina, by the federal government, and through local governmental sources.

(7)           "Sanitarian" means a person authorized to represent the Department in enforcing the rules of this Section.

(8)           "Superintendent" means the chief administrative head of a local school administrative unit.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. November 1, 2002; September 1, 1990.

 

15A NCAC 18A .2402       INSPECTIONS

(a)  An inspection of each school shall be made by the Department at least once a year to determine compliance with this Section.

(b)  An inspection report shall be completed by the sanitarian upon completion of the inspection.

(c)  If the conditions found at the time of the inspection of a public school are dangerous to the health of the students, or if an imminent hazard exists, the sanitarian shall notify the office of the local superintendent immediately by telephone or other direct means.  A copy of the inspection report shall be immediately forwarded to the local and state superintendents.

(d)  If the conditions found at the time of the inspection of a private or religious school are dangerous to the health of the students, or if an imminent hazard exists, the sanitarian shall notify the Office of Non‑Public Education, 532 N. Wilmington Street, Raleigh, N.C.   27604, immediately by telephone or other direct means.  A copy of the inspection report shall be immediately forwarded to that office.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .2403       CLASSIFICATION

(a)  Schools shall be classified as follows:  schools which receive a score of at least 90 percent shall be classified A; schools which receive a score of at least 80 percent and less than 90 percent shall be classified B; schools which receive a score of at least 70 percent and less than 80 percent shall be classified C; and schools which receive a score of less than 70 percent shall be classified as unapproved.  When the school is classified as unapproved, the sanitarian shall provide notification in accordance with Rule .2402(c) or (d) as appropriate. Grade cards shall not be posted in schools.

(b)  The grading of schools shall be based on the standards of operation and construction as set forth in Rules .2405 through .2415 of this Section.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986.

 

 

 

15A NCAC 18A .2404       REINSPECTIONS

Upon request of the principal, a reinspection shall be made for the purpose of improving a classification.  An unannounced inspection shall be made after the lapse of a reasonable period of time, not to exceed 30 days, from the date of the request.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986.

 

 

 

15A NCAC 18A .2405       WATER SUPPLY

(a)  The water supply shall be from an approved source and shall be adequate and of a safe, sanitary quality.

(b)  The water supply used shall be located, constructed, maintained, and operated in accordance with the Commission for Public Health's rules governing water supplies.  Copies of 15A NCAC 18A .1700 and 15A NCAC 18C may be obtained from the Department.  A sample of water from a private or public non‑community water supply serving a school shall be collected by the sanitarian and submitted at least once a year to the Division of Laboratory Services or other laboratory certified by the Department to perform bacteriological examination.

(c)  Backflow connections and cross‑connections with unapproved water supplies are prohibited.

(d)  Hot and cold running water under pressure shall be provided to food preparation areas, and any other areas in which water is required for operations and maintenance cleaning.

(e)  The well house shall be kept clean and free of storage.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .2406       DRINKING FOUNTAINS

(a)  Drinking fountains shall be provided and installed as required by the North Carolina State Building Code.  Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C.  27611.

(b)  Fountains shall be provided with adequate water pressure, properly regulated, kept clean and in good repair.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .2407       SANITARY SEWAGE DISPOSAL

All sewage and other liquid wastes shall be disposed of in a public sewer system or, in the absence of a public sewer system, by an approved, properly operating sanitary sewage system.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986.

 

 

 

15A NCAC 18A .2408       TOILET FACILITIES

(a)  Toilet facilities shall be provided and installed as required by the North Carolina State Building Code.  Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C.  27611.

(b)  Walls and ceilings of toilet facilities shall be constructed of non‑absorbent, washable materials and shall be kept clean.

(c)  Floors of toilet facilities shall be impervious and kept clean.

(d)  Toilet fixtures shall be kept clean and in good repair.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .2409       LAVATORY FACILITIES

(a)  Lavatory facilities shall be provided and installed as required by the North Carolina State Building Code.  Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C.  27611.

(b)  Fixtures shall be kept clean and in good repair.

(c)  Soap and individual towels or approved hand‑drying devices shall be provided.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .2410       FLOORS: WALLS: AND CEILINGS

Floors, walls, and ceilings of all areas shall be kept clean and in good repair.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986.

 

 

 

15A NCAC 18A .2411       STORAGE SPACES

Storage spaces and custodians' closets shall be kept clean and arranged so as to facilitate cleaning.  All storage shall be at least 15 inches (38.1 centimeters) above the floor or otherwise arranged so as to permit thorough cleaning.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986.

 

 

 

15A NCAC 18A .2412       LIGHTING AND VENTILATION

(a)  Lighting and ventilation shall be provided and installed as required by the North Carolina State Building Code.  Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C. 27611.

(b)  All windows and fixtures (grills, vents, blinds, drapes, lighting fixtures, etc.) shall be kept clean and in good repair.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .2413       DRESSING ROOMS AND SHOWERS

(a)  Floors, walls, and ceilings shall be kept clean and in good repair.

(b)  Floors, walls, and ceilings of shower areas shall be washable and non‑absorbent.

(c)  Showers shall be provided and installed as required by the North Carolina State Building Code.  Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C.  27611.

(d)  All fixtures shall be kept clean and in good repair.

(e)  Adequate facilities for storage of clothes and other personal items shall be provided and kept clean.

(f)  A clean bath towel and soap shall be provided for each person using the showers.

(g)  All bath towels shall be stored in a sanitary manner.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .2414       SOLID WASTE DISPOSAL

(a)  Impervious, cleanable containers with lids, approved by the Department, shall be provided for the storage of solid waste.

(b)  Solid waste containers shall be kept clean, in good repair, and emptied when full, but not less than once a week.

(c)  All solid waste shall be disposed of in an approved landfill or by a method approved by the Department in accordance with state laws and rules.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18A .2415       PREMISES: MISCELLANEOUS

(a)  The premises of the school under control of the principal shall be kept neat and clean at all times.  Waste material, unnecessary articles, rubbish, litter, or garbage shall not be allowed to accumulate on the premises.  There shall be no fly or mosquito breeding places, rodent harborages, or undrained areas on the premises.

(b)  Pesticides and other toxic materials shall be used as directed on the label and handled and stored as to avoid health hazards.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986.

 

 

 

15A NCAC 18A .2416       REQUIREMENTS FOR HOME SCHOOLS

Home schools shall be exempt from this Section.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986.

 

 

 

15A NCAC 18A .2417       APPEALS PROCEDURE

Appeals concerning the interpretation and enforcement of the rules in this Section shall be made in accordance with G.S. 150B.

 

History Note:        Authority G.S. 130A‑236;

Eff. January 1, 1986;

Amended Eff. September 1, 1990; February 1, 1987.

 

 

 

SECTION .2500 ‑ PUBLIC SWIMMING POOLS

 

Rules .2501 ‑ .2507 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2501 ‑ .2507); have been transferred and recodified from Rules .2501 ‑ .2507 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2501 ‑ .2507), effective April 4, 1990.

 

15A NCAC 18A .2501       DEFINITIONS

15A NCAC 18A .2502       PUBLIC SWIMMING POOL OPERATION PERMITS

15A NCAC 18A .2503       INSPECTIONS

15A NCAC 18A .2504       DESIGN AND CONSTRUCTION STANDARDS

15A NCAC 18A .2505       WATER QUALITY STANDARDS

15A NCAC 18A .2506       REVOCATION OF PERMITS

15A NCAC 18A .2507       APPEALS

 

History Note:        Authority S.L. 1989, c. 577;

Eff. May 1, 1990;

Repealed Eff. May 1, 1991.

 

15a ncac 18a .2508       DEFINITIONS

The following definitions apply throughout this Section:

(1)           "Equipment replacement" means replacement of individual components of the hydraulic and disinfection systems such as pumps, filters, and automatic chemical feeders.

(2)           "Public swimming pool" means public swimming pool as defined in G.S. 130A-280.  Public swimming pools are divided into five types:

(a)           "Swimming pools" are public swimming pools used primarily for swimming.

(b)           "Spas" are public swimming pools designed for recreational and therapeutic use that are not drained, cleaned, or refilled after each individual use.  Spas may include units designed for hydrojet circulation, hot water, cold water mineral bath, air induction bubbles, or any combination thereof.  Common terminology for spas includes "therapeutic pool," "hydrotherapy pool," "whirlpool," "hot spa," and "hot tub."

(c)           "Wading pools" are public swimming pools designed for use by children, including wading pools for toddlers and children's activity pools designed for casual water play ranging from splashing activity to the use of interactive water features placed in the pool.

(d)           "Specialized water recreation attractions" are pools designed for special purposes that differentiate them from swimming pools, wading pools and spas.  They include:

(i)            water slide plunge pools and run out  lanes, which transfer the kinetic energy of the users' velocity through friction to the slide;

(ii)           wave pools;

(iii)          rapid rides;

(iv)          lazy rivers;

(v)           interactive play attractions that incorporate devices using sprayed, jetted, or other water sources contacting the users and that do not incorporate standing or captured water as part of the user activity area; and

(vi)          training pools deeper than a 24 inch deep wading pool and shallower than a 36 inch deep swimming pool.

(e)           "Special purpose and therapy pools" are pools designed and used for therapeutic treatments or physical training and fitness outside of a licensed medical facility or practice of a licensed physical therapist.  They include:

(i)            float tanks used for float therapy in a salt brine solution;

(ii)           swim spa training pools which use jetted water for stationary swimming against a water current;

(iii)          exercise therapy and treadmill pools equipped for water resistance exercise therapy; and

(iv)          scuba pools designed and used for training swimmers to use self-contained underwater breathing apparatus.

(3)           "Registered Design Professional" means an individual who is registered or licensed to practice engineering as defined by G.S. 89C or architecture as defined by G.S. 83A.

(4)           "Remodeled" means renovated in a manner requiring disruption of the majority of the pool shell or deck, changes in the pool profile, or redesign of the pool hydraulic system.

(5)           "Repair" means returning existing equipment to working order, replastering or repainting of the pool interior, replacement of tiles or coping and similar maintenance activities.  This term includes replacement of pool decks where the Department has determined that no changes are needed to underlying pipes or other pool structures.

(6)           "Safety vacuum release system" means a system or device capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to suction outlet flow blockage.

(7)           "Splash zone" means the area of an interactive play attraction that sheds water to a surge tank or container to be recirculated.

(8)           "Unblockable drain" means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.

 

History Note:        Authority G.S. 130A-282;

Eff. May 1, 1991;

Temporary Amendment Eff. June 1, 19