Dear Community Stakeholders and Partners –
This letter is to inform you of recent changes made to improvement permits and construction authorizations that were issued January 1, 2000 to January 1, 2015 that now makes these permits valid. This validity is conditional and must also be considered in conjunction with G.S. 130A-335(f1) which requires an on-site preconstruction conference prior to system installation for construction authorizations more than five years old. This new legislation has dramatically increased the number of construction authorizations to which this preconstruction conference now applies but it is most likely not stated on your permits.
If you are purchasing property or considering construction, please contact us so we can schedule a preconstruction conference with you.
See enclosed notice for additional information. If you have any questions about this change please contact us, and we will be happy to answer them for you.
Sincerely,
AppHealthCare Environmental Health Staff
Alleghany Environmental Health Office: (336) 372-5641
Ashe Environmental Health Office: (336) 246-3356
Watauga Environmental Health Office: (828) 264-4995
Enclosed: Notice of Session Law 2017-211 (SB16)
NOTICE
Session Law 2017-211 (SB16) became law effective on October 5, 2017
The North Carolina Legislature amended G.S. 130A-336 with S.L. 2017-211 which, in part, states that Improvement Permits (IPs) and Construction Authorizations (CAs) issued between January 1, 2000, to January 1, 2015 are now valid. However, this validity is conditional and must also be considered in conjunction with G.S. 130A-335(f1)* which requires an on-site preconstruction conference prior to system installation for CAs more than five years old. This new legislation has dramatically increased the number of CAs to which this preconstruction conference now applies but it is most likely not stated on your permits.
You should contact the Environmental Health Department ASAP to schedule this required preconstruction conference.
At the preconstruction conference the Health Department shall:
- provide the applicant with information on changed rule(s) and currently available technology, as applicable.
- confirm the current development plan is in compliance with the permits.
- confirm that system described can be installed as permitted to meet the rules.
Session Law 2017-211 (SB16) became law effective on October 5, 2017. Section 19 reads as follows:
Wastewater System Permit Extension, Section 19
G.S. 130A-336 is amended by adding a new subsection to read:
(b1) An improvement permit or authorization for wastewater system construction issued by a local health department from January 1, 2000, to January 1, 2015, which has not been acted on and would have otherwise expired, shall remain valid until January 1, 2020, without penalty, unless there are changes in the hydraulic flows or wastewater characteristics from the original local health department evaluation. Permits are transferrable with ownership of the property. Permits shall retain the site, soil evaluations, and construction conditions of the original permit.
Pursuant to the above, IPs and CAs issued from January 1, 2000, to January 1, 2015 which have not been acted on are now re-instated and valid provided that:
- Design daily flow (“hydraulic flow”) is unchanged.
- Nature of stated use (wastewater characteristics) is unchanged.
- The site has not been modified relative to the original soil and site evaluation documentation.
Please feel free to contact our department if you have questions regarding your IP or CA meeting the conditions stated above.
*§ 130A-335. Wastewater collection, treatment and disposal; rules.
(f1) A preconstruction conference with the owner or developer, or an agent of the owner or developer, and a representative of the local health department shall be required for any authorization for wastewater system construction issued with an improvement permit under G.S. 130A-336 when the authorization is greater than five years old. Following the conference, the local health department shall advise the owner or developer of any rule changes for wastewater system construction incorporating current technology that can reasonably be expected to improve the performance of the system. The local health department shall issue a revised authorization for wastewater system construction incorporating the rule changes upon the written request of the owner or developer.
As with any new legislation there will be many questions with respect to the intent, process and application of the law with respect to how it is applied. Please contact any one of our Environmental Health offices with any questions or concerns you have regarding this legislation in general or about a specific permit. Our staff will be more than happy to assist in any manner possible.
Alleghany Environmental Health Office: (336) 372-5641
Ashe Environmental Health Office: (336) 246-3356
Watauga Environmental Health Office: (828) 264-4995