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2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.32 - Brownfields agreement.

§ 130A-310.32. Brownfields agreement.
(a) The Department may, in its discretion, enter into a brownfields agreement with a prospective developer who satisfies the requirements of this section. A prospective developer shall provide the Department with any information necessary to demonstrate that:
(1) The prospective developer, and any parent, subsidiary, or other affiliate of the prospective developer has substantially complied with:
a. The terms of any brownfields agreement or similar agreement to which the prospective developer or any parent, subsidiary, or other affiliate of the prospective developer has been a party.
b. The requirements applicable to any remediation in which the applicant has previously engaged.
c. Federal and state laws, regulations, and rules for the protection of the environment.
(2) As a result of the implementation of the brownfields agreement, the brownfields property will be suitable for the uses specified in the agreement while fully protecting public health and the environment instead of being remediated to unrestricted use standards.
(3) There is a public benefit commensurate with the liability protection provided under this Part.
(4) The prospective developer has or can obtain the financial, managerial, and technical means to fully implement the brownfields agreement and assure the safe use of the brownfields property.
(5) The prospective developer has complied with or will comply with all applicable procedural requirements.
(b) In negotiating a brownfields agreement, parties may rely on land-use restrictions that will be included in a Notice of Brownfields Property required under G.S. 130A-310.35. A brownfields agreement may provide for remediation standards that are based on those land-use restrictions.
(c) A brownfields agreement shall contain a description of the brownfields property that would be sufficient as a description of the property in an instrument of conveyance and, as applicable, a statement of:
(1) Any remediation to be conducted on the property, including:
a. A description of specific areas where remediation is to be conducted.
b. The remediation method or methods to be employed.
c. The resources that the prospective developer will make available.
d. A schedule of remediation activities.
e. Applicable remediation standards.
f. A schedule and the method or methods for evaluating the remediation.
(2) Any land-use restrictions that will apply to the brownfields property.
(3) The desired results of any remediation or land-use restrictions with respect to the brownfields property.
(4) The guidelines, including parameters, principles, and policies within which the desired results are to be accomplished.
(5) The consequences of achieving or not achieving the desired results.
(d) Any failure of the prospective developer or the prospective developer's agents and employees to comply with the brownfields agreement constitutes a violation of this Part by the prospective developer. (1997-357, s. 2; 2001-384, s. 11.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.36 - Appeals.

§ 130A-310.36. Appeals.
A decision by the Department as to whether or not to enter into a brownfields agreement including the terms of any brownfields agreement is reviewable under Article 3 of Chapter 150B of the General Statutes. (1997-357, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.38 - Brownfields Property Reuse Act Implementation Account.

§ 130A-310.38. Brownfields Property Reuse Act Implementation Account.
The Brownfields Property Reuse Act Implementation Account is created as a nonreverting account in the Office of the State Treasurer. The Account shall consist of fees and interest collected under G.S. 130A-310.39, moneys appropriated to it by the General Assembly, moneys received from the federal government, moneys contributed by private organizations, and moneys received from any other source. Funds in the Account shall be used by the Department to defray the costs of implementing this Part. The Department may contract with a private entity for any services necessary to implement this Part. (1997-357, s. 2; 1999-360, s. 17.2; 2014-100, s. 14.21(j).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.39 - Fees.

§ 130A-310.39. Fees.
(a) The Department shall collect the following fees:
(1) A prospective developer who submits a proposed brownfields agreement for review by the Department shall pay an initial fee of two thousand dollars ($2,000).
(2) A prospective developer who enters into a brownfields agreement with the Department shall pay a fee in an amount equal to the full cost to the Department and the Department of Justice of all activities related to the brownfields agreement, including but not limited to negotiation of the brownfields agreement, public notice and community involvement, and monitoring the implementation of the brownfields agreement. The procedure by which the amount of this fee is determined shall be established by agreement between the prospective developer and the Department and shall be set out as a part of the brownfields agreement. The fee imposed by this subdivision shall be paid in two installments. The first installment shall be due at the time the prospective developer and the Department enter into the brownfields agreement and shall equal all costs that have been incurred by the Department and the Department of Justice at that time less the amount of the initial fee paid pursuant to subdivision (1) of this subsection. The Department shall not enter into the brownfields agreement unless the first installment is paid in full when due. The second installment shall be due at the time the prospective developer submits a final report certifying completion of remediation under the brownfields agreement and shall include any additional costs that have been incurred by the Department and the Department of Justice, including all costs of monitoring the implementation of the brownfields agreement.
(b) Fees and interest imposed under this section shall be credited to the Brownfields Property Reuse Act Implementation Account.
(c) If a prospective developer fails to pay the full amount of any fee due under this section, interest on the unpaid portion of the fee shall accrue from the time the fee is due until paid at the rate established by the Secretary of Revenue pursuant to G.S. 105-241.21. A lien for the amount of the unpaid fee plus interest shall attach to the real and personal property of the prospective developer and to the brownfields property until the fee and interest is paid. The Department may collect unpaid fees and interest in any manner that a unit of local government may collect delinquent taxes. (1997-357, s. 2; 1999-360, s. 17.3; 2007-491, s. 44(1)(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.40 - Legislative reports.

§ 130A-310.40. Legislative reports.
The Department shall include in the status of solid waste management report required to be submitted pursuant to G.S. 130A-309.06(c) an evaluation of the effectiveness of this Part in facilitating the remediation and reuse of existing industrial and commercial properties. This evaluation shall include any recommendations for additional incentives or changes, if needed, to improve the effectiveness of this Part in addressing these properties. This evaluation shall also include a report on receipts by and expenditures from the Brownfields Property Reuse Act Implementation Account. (1997-357, s. 2; 2017-10, s. 4.14(c); 2020-74, s. 11(h); 2020-78, s. 7.2(h).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.60 - Recycling required by public agencies.

§ 130A-310.60. Recycling required by public agencies.
(a) Each State agency, including the General Assembly, the General Court of Justice, universities, community colleges, public schools, and political subdivisions using State funds for the construction or operation of public buildings shall establish a program in cooperation with the Department of Environmental Quality and the Department of Administration for the collection and recycling of all spent fluorescent lights and thermostats that contain mercury generated in public buildings owned by each respective entity. The program shall include procedures for convenient collection, safe storage, and proper recycling of spent fluorescent lights and thermostats that contain mercury and contractual or other arrangements with buyers of the recyclable materials.
(b) Each State agency, including the General Assembly, the General Court of Justice, universities, community colleges, the Department of Public Instruction on behalf of the public schools, and political subdivisions shall submit a report on or before December 1, 2011, that documents the entity's compliance with the requirements of subsection (a) of this section to the Department of Environmental Quality and the Department of Administration. The Departments shall compile the information submitted and jointly shall submit a report to the Environmental Review Commission on or before January 15, 2012, concerning the activities required by subsection (a) of this section. The information provided shall also be included in the report required by G.S. 130A-309.06(c).
(c) For purposes of this section, a political subdivision is using State funds when it receives grant funding from the State for the construction or operation of a public building. (2010-180, s. 14(a); 2011-394, s. 5; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.61 - Removal and recycling of mercury-containing products from structures to be demolished.

§ 130A-310.61. Removal and recycling of mercury-containing products from structures to be demolished.
Prior to demolition of any building or structure in the State, the contractor responsible for the demolition activity or the owner of the building or structure to be demolished shall remove all fluorescent lights and thermostats that contain mercury from the building or structure to be demolished. (2010-180, s. 14(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.65 - Definitions.

§ 130A-310.65. Definitions.
As used in this Part:
(1) "Background standard" means the naturally occurring concentration of a substance in the absence of the release of a contaminant.
(2) Repealed by Session Laws 2014-122, s. 11(i), effective September 20, 2014.
(3) "Contaminant" means any substance regulated under any program listed in G.S. 130A-310.67(a).
(3a) "Contaminated off-site property" or "off-site property" means property under separate ownership from the contaminated site that is contaminated as a result of a release or migration of contaminants at the contaminated site. This term includes publicly owned property, including rights-of-way for public streets, roads, or sidewalks.
(4) "Contaminated site," "source site," or "site" means any real property that is contaminated, and is the property from which the contamination originated, and may be subject to remediation under any of the programs or requirements set out in G.S. 130A-310.67(a).
(5) "Contamination" means a contaminant released into an environmental medium that has resulted in or has the potential to result in an increase in the concentration of the contaminant in the environmental medium in excess of unrestricted use standards.
(6) "Fund" means the Risk-Based Remediation Fund established pursuant to G.S. 130A-310.76.
(7) "Institutional controls" means nonengineered measures used to prevent unsafe exposure to contamination, such as land-use restrictions.
(8) "Registered environmental consultant" means an environmental consulting or engineering firm approved to implement and oversee voluntary remedial actions pursuant to Part 3 of Article 9 of Chapter 130A of the General Statutes and rules adopted to implement the Part.
(9) "Remedial action plan" means a plan for eliminating or reducing contamination or exposure to contamination.
(10) "Remediation" means all actions that are necessary or appropriate to clean up, mitigate, correct, abate, minimize, eliminate, control, or prevent the spreading, migration, leaking, leaching, volatilization, spilling, transport, or further release of a contaminant into the environment in order to protect public health, safety, or welfare or the environment.
(11) "Systemic toxicant" means any substance that may enter the body and have a harmful effect other than causing cancer.
(12) "Unrestricted use standards" means contaminant concentrations for each environmental medium that are acceptable for all uses; that are protective of public health, safety, and welfare and the environment; and that comply with generally applicable standards, guidance, or methods established by statute or adopted, published, or implemented by the Commission or the Department. (2011-186, s. 2; 2014-122, s. 11(i); 2015-286, s. 4.7(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.66 - Purpose.

§ 130A-310.66. Purpose.
It is the purpose of this Part to authorize the Department to approve the remediation of contaminated sites based on site-specific remediation standards in circumstances where site-specific remediation standards are adequate to protect public health, safety, and welfare and the environment and are consistent with protection of current and anticipated future use of groundwater and surface water affected or potentially affected by the contamination. (2011-186, s. 2; 2015-286, s. 4.7(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.67 - Applicability.

§ 130A-310.67. Applicability.
(a) This Part applies to contaminated sites subject to remediation pursuant to any of the following programs or requirements:
(1) The Inactive Hazardous Sites Response Act of 1987 under Part 3 of Article 9 of Chapter 130A of the General Statutes, including voluntary actions under G.S. 130A-310.9 of that act, and rules promulgated pursuant to those statutes.
(2) The hazardous waste management program administered by the State pursuant to the federal Resource Conservation and Recovery Act of 1976, Public Law 94-580, 90 Stat. 2795, 42 U.S.C. § 6901, et seq., as amended, and Article 9 of Chapter 130A of the General Statutes.
(3) The solid waste management program administered pursuant to Article 9 of Chapter 130A of the General Statutes.
(4) The federal Superfund program administered in part by the State pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, 94 Stat. 2767, 42 U.S.C. § 9601, et seq., as amended, the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, 100 Stat. 1613, as amended, and under Part 4 of Article 9 of Chapter 130A of the General Statutes.
(5) The groundwater protection corrective action requirements adopted by the Commission pursuant to Article 21 of Chapter 143 of the General Statutes.
(6) Oil Pollution and Hazardous Substances Control Act of 1978, Parts 1 and 2 of Article 21A of Chapter 143 of the General Statutes, except with respect to those sites identified in subdivision (1a) of subsection (b) of this section.
(b) This Part shall not apply to contaminated sites subject to remediation pursuant to any of the following programs or requirements:
(1) The Leaking Petroleum Underground Storage Tank Cleanup program under Part 2A of Article 21A of Chapter 143 of the General Statutes and rules promulgated pursuant to that statute.
(1a) Leaking petroleum aboveground storage tanks and other sources of petroleum releases governed by Part 7 of Article 21A of Chapter 143 of the General Statutes and rules promulgated pursuant to that Part.
(2) The Dry-Cleaning Solvent Cleanup program under Part 6 of Article 21A of Chapter 143 of the General Statutes and rules promulgated pursuant to that statute.
(3) The pre-1983 landfill assessment and remediation program established under G.S. 130A-310.6(c) through (g).
(4) The Coal Ash Management Act of 2014 under Part 2I of Article 9 of Chapter 130A of the General Statutes and rules promulgated pursuant to that Part.
(5) Animal waste management systems permitted under Part 1 or Part 1A of Article 21 of Chapter 143 of the General Statutes.
(c) Repealed by Session Laws 2015-286 s. 4.7(a), effective October 22, 2015. (2011-186, s. 2; 2015-286, s. 4.7(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.70 - Notice of intent to remediate.

§ 130A-310.70. Notice of intent to remediate.
In addition to the public participation requirements of the individual programs listed in G.S. 130A-310.67(a), the person who proposes to remediate a site under this Part shall send a notice of intent to remediate to all local governments having taxing or land-use jurisdiction over the site, and to all adjoining landowners. The notice shall include all of the information required in G.S. 130A-310.69(a) and include a statement of intent to clean up the site to site-specific remediation standards. The person shall submit to the Department a copy of the notice of intent provided to local governments and adjoining landowners, a certification that the notice of intent to remediate was so provided to those parties, and all information and comments that the person received in response to the notice. In addition, the person shall, when appropriate, describe how the remedial action plan was modified to address comments received in response to the notice. (2011-186, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.72 - Financial assurance requirement.

§ 130A-310.72. Financial assurance requirement.
The person conducting remediation of a contaminated site pursuant to the provisions of this Part shall establish financial assurance that will ensure that sufficient funds are available to implement and maintain the actions or controls specified in the remedial action plan for the site. The person conducting remediation of a site may establish financial assurance through one of the following mechanisms, or any combination of the following mechanisms, in a form specified or approved by the Department: insurance products issued from entities having no corporate or ownership association with the person conducting the remediation; funded trusts; surety bonds; certificates of deposit; letters of credit; corporate financial tests; local government financial tests; corporate guarantees; local government guarantees; capital reserve funds; or any other financial mechanism authorized for the demonstration of financial assurance under (i) 40 Code of Federal Regulations Part 264, Subpart H (July 1, 2010 Edition) and (ii) Section.1600 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code. Proof of financial assurance shall be provided in the remedial action plan and annually thereafter on the anniversary date of the approval of the plan. The Department may waive the requirement for a person conducting remediation of a contaminated site pursuant to the provisions of this Part to establish or maintain financial assurance if the Department finds that the only actions or controls to be implemented or maintained as part of the remedial action plan for the site include either or both of the following:
(1) Annual reporting of land-use controls.
(2) The maintenance of durable or low-maintenance covers for contaminated soil. (2011-186, s. 2; 2017-209, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.73A - Remediation of sites with off-site migration of contaminants.

§ 130A-310.73A. Remediation of sites with off-site migration of contaminants.
(a) Contaminated sites at which contamination has migrated to off-site properties may be remediated pursuant to this Part consistent with the remediation standards set out in G.S. 130A-310.68 if either of the following occur:
(1) The person who proposes to conduct the remediation pursuant to this Part remediates the contaminated off-site property to unrestricted use standards.
(2) The person who proposes to conduct the remediation pursuant to this Part (i) provides the owner of the contaminated off-site property with a copy of this Part and the publication produced by the Department pursuant to subsection (b) of this section and (ii) obtains written consent from the owner of the contaminated off-site property for the person to remediate the contaminated off-site property using site-specific remediation standards pursuant to this Part; provided that the site-specific remediation standards shall not allow concentrations of contaminants on the off-site property to increase above the levels present on the date the written consent is obtained. Written consent from the owner of the off-site property shall be on a form prescribed by the Department and include an affirmation that the owner has received and read the publication and authorizes the person to remediate the owner's property using site-specific remediation standards pursuant to this Part.
(b) In order to inform owners of contaminated off-site property of the issues and liabilities associated with the contamination on their property, the Department, in consultation with the Consumer Protection Division of the North Carolina Department of Justice and the North Carolina Real Estate Commission, shall develop and make available a publication entitled "Contaminated Property: Issues and Liabilities" to provide information on the nature of risk-based remediation and how it differs from remediation to unrestricted use standards, potential health impacts that may arise from residual contamination, as well as identification of liabilities that arise from contaminated property and associated issues, including potential impacts to real estate transactions and real estate financing. The Department shall update the publication as necessary.
(c) If, after issuance of a no further action determination, the Department determines that additional remedial action is required for a contaminated off-site property pursuant to G.S. 130A-310.73(c), the responsible party shall be liable for the additional remediation deemed necessary.
(d) Nothing in this section shall be construed to preclude or impair any person from obtaining any and all other remedies allowed by law. (2015-286, s. 4.7(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.74 - Compliance with other laws.

§ 130A-310.74. Compliance with other laws.
Where a site is covered by an agreement under the Brownfields Property Reuse Act of 1997, as codified as Part 5 of Article 9 of Chapter 130A of the General Statutes, any work performed by the prospective developer pursuant to that agreement is not required to comply with this Part, but any work not covered by such agreement and performed at the site by another person not a party to that agreement may be performed pursuant to this Part. (2011-186, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.75 - Use of registered environmental consultants.

§ 130A-310.75. Use of registered environmental consultants.
The Department may approve the use of a registered environmental consultant to provide oversight for the assessment and remediation of a site under this Part based on the risk posed by the site and the availability of Department staff for oversight of remediation activities. If remediation under this Part is not undertaken voluntarily, the Department may not require the use of a registered environmental consultant to provide oversight for the assessment and remediation of a site under this Part. (2011-186, s. 2; 2015-286, s. 4.7(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.76A - Risk-Based Remediation Fund.

§ 130A-310.76A. Risk-Based Remediation Fund.
There is established under the control and direction of the Department the Risk-Based Remediation Fund. This fund shall be a revolving fund consisting of fees collected pursuant to G.S. 130A-310.76 and other monies paid to it or recovered by or on behalf of the Department. The Risk-Based Remediation Fund shall be treated as a nonreverting special trust fund pursuant to G.S. 147-69.2 and G.S. 147-69.3, except that interest and other income received on the Fund balance shall be treated as set forth in G.S. 147-69.1(d). (2015-286, s. 4.7(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-310.77 - Construction of Part.

§ 130A-310.77. Construction of Part.
This Part shall not be construed or implemented in any of the following ways:
(1) In any manner that would jeopardize federal authorization under any of the federal statutes, programs, or requirements set out in G.S. 130A-310.67(a) or would otherwise conflict with federal authority under those statutes, programs, and requirements. This Part is supplemental to the programs and requirements set out in G.S. 130A-310.67(a) that would otherwise govern the remediation of a contaminated industrial site. Where the definitions, provisions, or requirements of this Part conflict with the definitions, provisions, or requirements of an otherwise applicable remediation program, this Part shall control, unless expressly stated to the contrary.
(2) To limit the authority of the Department to require investigation, initial response, or remediation of environmental contamination under any other provision of State or federal law necessary to address an imminent threat to public health, safety, or welfare or the environment.
(3) To alter the requirements of programs to prevent or mitigate the release or discharge of contaminants to the environment, including permitting requirements that regulate the handling of hazardous substances or wastes.
(4) To supersede or otherwise affect or prevent the enforcement of any land-use or development regulation or ordinance adopted by a local government pursuant to Chapter 160D of the General Statutes. The use of a site and any land-use restrictions imposed as part of a remedial action plan shall comply with land-use and development controls adopted by a local government pursuant to Chapter 160D of the General Statutes. (2011-186, s. 2; 2022-62, s. 23.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-312 - Purpose.

§ 130A-312. Purpose.
The purpose of this Article is to regulate water systems within the State which supply drinking water that may affect the public health. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-314 - Scope of the Article.

§ 130A-314. Scope of the Article.
(a) The provisions of this Article shall apply to each public water system in the State unless the public water system meets all of the following conditions:
(1) Consists only of distribution and storage facilities and does not have any collection and treatment facilities;
(2) Obtains all of its water from, but is not owned or operated by, a public water system to which the drinking water rules apply;
(3) Does not sell water to any person; and
(4) Is not a carrier which conveys passengers in interstate commerce.
(b) A provision of any charter granted to a public water system in conflict with the provisions of this Article is repealed. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-316 - Department to examine waters.

§ 130A-316. Department to examine waters.
The Department shall examine all waters and their sources and surroundings which are used as, or proposed to be used as, sources of public water supply to determine whether the waters and their sources are suitable for use as public water supply sources. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-318 - Disinfection of public water systems.

§ 130A-318. Disinfection of public water systems.
(a) The Department is authorized to require disinfection of:
(1) Public water systems introduced on or after January 1, 1972; and
(2) All public water systems, regardless of the date introduced, whenever:
a. The maximum microbiological contaminant level is exceeded; or
b. Conditions exist which make continued use of the water potentially hazardous to public health.
(b) Public water systems shall employ disinfection methods and procedures approved by the Department. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-319 - Condemnation of lands for public water systems.

§ 130A-319. Condemnation of lands for public water systems.
All units of local government operating public water systems and all water companies operating under franchise from the State or units of local government, may acquire by condemnation lands and rights in lands and water necessary for the successful operation and protection of their systems. Condemnation proceedings under this section shall be the same as prescribed by law under Chapter 40A of the General Statutes. (1979, c. 788, s. 1; 1981, c. 919, s. 14; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-320 - Sanitation of watersheds; rules; inspections; local source protection planning.

§ 130A-320. Sanitation of watersheds; rules; inspections; local source protection planning.
(a) The Commission shall adopt rules governing the sanitation of watersheds from which public drinking water supplies are obtained. In adopting these rules the Commission is authorized to consider the different classes of watersheds, taking into account general topography, nature of watershed development, density of population and need for frequency of sampling of raw water. The rules shall govern the keeping of livestock, operation of recreational areas, maintenance of residences and places of business, disposal of sewage, establishment of cemeteries or burying grounds, and any other factors which would endanger the public water supply.
(b) Any supplier of water operating a public water system and furnishing water from unfiltered surface supplies shall inspect the watershed area at least quarterly, and more often when the Department determines that more frequent inspections are necessary.
(c) Every supplier of water operating a public water system treating and furnishing water from surface supplies shall create and implement a source water protection plan (SWPP). The Commission shall adopt rules that provide all of the following:
(1) A standardized format for use by suppliers of water in creating their SWPP. The Commission may create different formats and required plan elements for public water systems based on the system type, source type, watershed classification, population served, source susceptibility to contamination, proximity of potential contamination sources to the intake, lack of water supply alternatives, or other characteristics the Commission finds to be relevant.
(2) Schedules for creating a SWPP, implementing mandatory provisions of the SWPP, and for review and update of the SWPP by suppliers of water.
(3) Reporting requirements sufficient for the Department to monitor the creation, implementation, and revision by suppliers of water. The Commission may provide different reporting requirements based on the public water system characteristics set forth in subdivision (1) of this subsection. (1979, c. 788, s. 1; 1983, c. 891, s. 2; 2014-41, s. 1; 2014-115, s. 55.5.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-322 - Imminent hazard; power of the Secretary.

§ 130A-322. Imminent hazard; power of the Secretary.
(a) The Secretary shall judge whether an imminent hazard exists concerning a present or potential condition in a public water system.
(b) In order to eliminate an imminent hazard, the Secretary may, without notice or hearing, issue an order requiring the person or persons involved to immediately take action necessary to protect the public health. A copy of the order shall be delivered by certified mail or personal service. The order shall become effective immediately and shall remain in effect until modified or rescinded by the Secretary or by a court of competent jurisdiction. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-323 - Emergency plan for drinking water; emergency circumstances defined.

§ 130A-323. Emergency plan for drinking water; emergency circumstances defined.
(a) The Secretary shall develop and implement an adequate plan for the provision of drinking water under emergency circumstances. When the Secretary determines that emergency circumstances exist with respect to a need for drinking water, the Secretary may take action in accordance with the plan as necessary in order to provide drinking water.
(b) Emergency circumstances shall exist whenever the available supply of drinking water is inadequate. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-324 - Notice of noncompliance; failure to perform monitoring; variances and exemptions.

§ 130A-324. Notice of noncompliance; failure to perform monitoring; variances and exemptions.
Whenever a public water system:
(1) Is not in compliance with the drinking water rules;
(2) Fails to perform an applicable testing procedure or monitoring required by the drinking water rules;
(3) Is subject to a variance granted for inability to meet a maximum contaminant level requirement;
(4) Is subject to an exemption; or
(5) Fails to comply with the requirements prescribed by a variance or exemption,
the supplier shall as soon as possible, but not later than 48 hours after discovery, notify the Department and give public notification as prescribed by the drinking water rules. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-325 - Prohibited acts.

§ 130A-325. Prohibited acts.
The following acts are prohibited:
(1) Failure by a supplier of water to comply with this Article, an order issued under this Article, or the drinking water rules;
(2) Failure by a supplier of water to comply with the requirements of G.S. 130A-324 or the dissemination by a supplier of any false or misleading information with respect to remedial actions being undertaken to achieve compliance with the drinking water rules;
(3) Refusal by a supplier of water to allow the Department or local health department to inspect a public water system as provided for in G.S. 130A-17;
(4) The willful defiling by any person of any water supply of a public water system or the willful damaging of any pipe or other part of a public water system;
(5) The discharge by any person of sewage or other waste above the intake of a public water system, unless the sewage or waste has been passed through a system of purification approved by the Department ; and
(6) The failure by a person to maintain a system approved by the Department for collecting and disposing of all accumulations of human excrement located on the watershed of a public water system. (1979, c. 788, s. 1; 1983, c. 891, s. 2; 1985, c. 462, s. 2; 1989, c. 727, s. 146.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-326 - Powers of the Secretary.

§ 130A-326. Powers of the Secretary.
To carry out the provisions of this Article, the Secretary is authorized to:
(1) Administer and enforce the provisions of this Article, the drinking water rules and orders issued under this Article;
(2) Enter into agreements or cooperative arrangements with, or participate in related programs of other states, other state agencies, federal or interstate agencies, units of local government, educational institutions, local health departments or other organizations or individuals;
(3) Receive financial and technical assistance from the federal government and other public or private agencies;
(4) Require public water systems to take actions or make modifications as necessary to comply with the requirements of this Article or the drinking water rules;
(5) Prescribe policies and procedures necessary or appropriate to carry out the Secretary's function under this Article;
(6) Establish and collect fees to recover the costs of laboratory analyses performed for compliance with this Article. The fees shall not exceed two hundred dollars ($200.00) for each analysis; and
(7) Establish and collect fees for certification and certification renewal of laboratories to perform analyses for compliance under this Article. The fees shall not exceed twenty dollars ($20.00) per analyte certified. The minimum fee for certification or certification renewal shall be two hundred fifty dollars ($250.00) per analyte category. The maximum fee for certification or certification renewal shall be six hundred dollars ($600.00) per analyte category. The fees collected under this subdivision shall be used to administer blind performance evaluation samples to certified laboratories to determine compliance with certification requirements. (1979, c. 788, s. 1; 1981, c. 562, s. 9; 1983, c. 891, s. 2; 1987, c. 471; 1991 (Reg. Sess., 1992), c. 1039, s. 10.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-327 - Construction.

§ 130A-327. Construction.
This Article shall be interpreted as giving the State the authority needed to assume primary enforcement responsibility under the federal act. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 10 - North Carolina Drinking Water Act. › § 130A-329 - Reporting.

§ 130A-329. Reporting.
Reports required to be submitted under this Article or under rules adopted by the Commission shall be submitted electronically on a form specified by the Department. The Department may waive the requirement for electronic submission of a report if the water system demonstrates that it lacks the technical capability to report electronically. (2008-143, s. 12.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 11 - Wastewater Systems. › § 130A-333 - Purpose.

§ 130A-333. Purpose.
The General Assembly finds and declares that continued installation, at a rapidly and constantly accelerating rate, of septic tank systems and other types of wastewater systems in a faulty or improper manner and in areas where unsuitable soil and population density adversely affect the efficiency and functioning of these systems, has a detrimental effect on the public health and environment through contamination of land, groundwater and surface waters. Recognizing, however, that wastewater can be rendered ecologically safe and the public health protected if methods of wastewater collection, treatment and disposal are properly regulated and recognizing that wastewater collection, treatment and disposal will continue to be necessary to meet the needs of an expanding population, the General Assembly intends to ensure the regulation of wastewater collection, treatment and disposal systems so that these systems may continue to be used, where appropriate, without jeopardizing the public health. (1973, c. 452, s. 3; 1981, c. 949, s. 3; 1983, c. 891, s. 2; 1991 (Reg. Sess., 1992), c. 944, ss. 1, 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 11 - Wastewater Systems. › § 130A-335.1 - Effluent filters and access devices for certain septic tank systems.

§ 130A-335.1. Effluent filters and access devices for certain septic tank systems.
(a) The person who manufactures, installs, repairs, or pumps any septic tank to be installed in this State as a part of a septic tank system that is designed to treat 3,000 gallons per day or less of sewage shall provide an effluent filter approved by the Department pursuant to the requirements of G.S. 130A-335, this section, and rules adopted by the Commission. Any person who manufactures, installs, repairs, or pumps systems described in this section may purchase and install any approved filters on the systems. The person who installs the effluent filter shall install the effluent filter as a part of the septic tank system in accordance with the specifications provided by the manufacturer of the effluent filter. An effluent filter shall:
(1) Be made of materials that are capable of withstanding the corrosives to which septic tank systems are normally subject.
(2) Prevent solid material larger than one-sixteenth of an inch, as measured along the shortest axis of the material, from entering the drainfield.
(3) Be designed and constructed to allow for routine maintenance.
(4) Be designed and constructed so as not to require maintenance more frequently than once in any three-year period under normally anticipated use.
(b) The access device required by G.S. 130A-335(f) shall provide access to each compartment of a septic tank for inspection and maintenance either by means of an opening in the top of the septic tank or by a riser assembly and shall include an appropriate cover. The access device shall:
(1) Be of sufficient size to facilitate inspection and service.
(2) Be designed and constructed to equal or exceed the minimum loading specifications applicable to the septic tank.
(3) Prevent water entry.
(4) Come to within six inches of the finished grade.
(5) Repealed by Session Laws 2023-90, s. 2, effective July 10, 2023. (1998-126, s. 2; 2006-255, s. 4; 2006-264, s. 63(a); 2023-90, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 11 - Wastewater Systems. › § 130A-337 - Inspection; operation permit required.

§ 130A-337. Inspection; operation permit required.
(a) No system of wastewater collection, treatment and disposal shall be covered or placed into use by any person until an inspection by the local health department has determined that the system has been installed or repaired in accordance with any conditions of the Improvement Permit, the rules, and this Article.
(a1) Notwithstanding subsection (a) of this section, an applicant may contract with an Authorized On-Site Wastewater Evaluator certified pursuant to Article 5 of Chapter 90A of the General Statutes to conduct any required verifications or inspections. The evaluator shall provide the applicant with written verification that all conditions of the Improvement Permit and Construction Authorization have been met, including an as-built drawing meeting the standards and scale of the local health department issuing the Construction Authorization as certified by the evaluator. The applicant may cover the system and place it into operation upon receipt of the evaluator's written verification and shall submit the verification to the local health department within two business days of receipt of the verification. The Department, the Department's authorized agents, and the local health department shall be discharged and released from any liabilities, duties, and responsibilities imposed by statute or common law from any claim arising out of or attributed to the on-site wastewater system installation.
(b) Upon determining that the system is properly installed or repaired and that the system is capable of being operated in accordance with the conditions of the Improvement Permit, the rules, this Article and any conditions to be imposed in the operation permit, as applicable, the local health department shall issue an operation permit authorizing the residence, place of business or place of public assembly to be occupied and for the system to be placed into use or reuse.
(c) Upon determination that an existing wastewater system has a valid operation permit and is operating properly in a manufactured home park, the local health department shall issue authorization in writing for a manufactured home to be connected to the existing system and to be occupied. Notwithstanding G.S. 130A-336, an Improvement Permit is not required for the connection of a manufactured home to an existing system with a valid operation permit in a manufactured home park.
(d) No person shall occupy a residence, place of business or place of public assembly, or place a wastewater system into use or reuse for a residence, place of business or place of public assembly until an operation permit has been issued or authorization has been obtained pursuant to G.S. 130A-337(c). (1973, c. 452, s. 6; 1981, c. 949, s. 3; 1983, c. 891, s. 2; 1985, c. 487, s. 9; 1991 (Reg. Sess., 1992), c. 944, s. 6; 1995, c. 285, s. 1; 2023-90, s. 5.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 11 - Wastewater Systems. › § 130A-338 - Construction authorization required before other permits to be issued.

§ 130A-338. Construction authorization required before other permits to be issued.
Where construction, location or relocation is proposed to be done upon a residence, place of business or place of public assembly, no permit required for electrical, plumbing, heating, air conditioning or other construction, location or relocation activity under any provision of general or special law shall be issued until a construction authorization has been issued under G.S. 130A-336, or authorization has been obtained under G.S. 130A-337(c), or a decision on the completeness of the notice of intent to construct is made by the local health department pursuant to G.S. 130A-336.1(c) or G.S. 130A-336.2(c). (1973, c. 452, s. 7; 1981, c. 949, s. 3; 1983, c. 891, s. 2; 1995, c. 285, s. 1; 2015-286, s. 4.14(d); 2022-11, s. 5(e).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 11 - Wastewater Systems. › § 130A-339 - Limitation on electrical service.

§ 130A-339. Limitation on electrical service.
No person shall allow permanent electrical service to a residence, place of business or place of public assembly upon construction, location or relocation until the official electrical inspector with jurisdiction as provided in G.S. 143-143.2 certifies to the electrical supplier that the required improvement permit, construction authorization, and an operation permit or authorization under G.S. 130A-337(c) or the letter of confirmation authorizing wastewater system operation under G.S. 130A-336.1(m) has been obtained. Temporary electrical service necessary for constructing a residence, place of business or place of public assembly can be provided upon compliance with G.S. 130A-338. (1973, c. 452, s. 8; 1981, c. 949, s. 3; 1983, c. 891, s. 2; 1995, c. 285, s. 1; 2015-286, s. 4.14(e); 2022-11, s. 5(f).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 11 - Wastewater Systems. › § 130A-340 - Review procedures and appeals.

§ 130A-340. Review procedures and appeals.
The Department, upon request by an applicant for an improvement permit, shall provide a technical review of any scientific data and system design submitted by the applicant. The data and system design shall be evaluated by professional peers of those who prepared the data and system design. The results of the technical review shall be available prior to a decision by the local health department and shall not affect an applicant's right to a contested hearing under Chapter 150B of the General Statutes. (1989, c. 764, s. 5.)