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.