S.L. 2013-413 (H 74), sec. 34. Regulatory Reform: Low-Flow Design Alternatives for Wastewater Systems

Owners and other persons in charge of residences, businesses, and other places of public assembly must provide an approved wastewater system to ensure that human waste is collected, treated, and disposed in a manner that protects public health. G.S. 130A-335. Local health departments inspect on-site wastewater systems and issue permits for them to operate if they comply with applicable state regulations, which are found in Title 15A of the North Carolina Administrative Code.

Section 34 of the Regulatory Reform Act states that its purpose is to provide for low-flow design alternatives for on-site wastewater systems. It requires the Commission for Public Health to change a statewide rule affecting on-site wastewater systems serving different types of public places, ranging from schools to restaurants to campgrounds.  When such establishments have an on-site system it must be capable of managing a minimum daily flow, which is specified in a table contained 15A NCAC 18A.1949. The legislation directs the Commission to amend the rule to exempt a system from the design flow standards if flow rates that are less than those shown in the table in the current rule can be achieved through an engineering design that uses low-flow fixtures or low-flow technologies. The design must be prepared, sealed, and signed by a licensed professional engineer. Recognizing that it will take some time for the rule to be amended and take effect, the legislature specified that an exemption for systems that meet the criteria described should be provided in the interim, beginning with the effective date of the act (August 23, 2013).  

Update: On September 19, 2013, the North Carolina Division of Public Health issued this position statement to clarify certain issues and explain how local health department employees who are responsible for ensuring compliance with on-site wastewater regulations should apply the new law.