North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter A - SANITATION › Section .1900 - SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Section 18A .1969 - APPROVAL AND PERMITTING OF ON-SITE SUBSURFACE WASTEWATER SYSTEMS, TECHNOLOGIES, COMPONENTS, OR DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(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.