NC Register Volume 19 Issue 06 - Office of Administrative Hearings
NC Register Volume 19 Issue 06 - Office of Administrative Hearings
NC Register Volume 19 Issue 06 - Office of Administrative Hearings
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PROPOSED RULESOF ON-SITE SUBSURFACE WASTEWATER SYSTEMS,TECHNOLOGIES, COMPONENTS, OR DEVICESExperimental, controlled demonstration, andinnovativeinnovative, and accepted wastewater systems(hereinafter referred to as E & I systems) are any wastewatersystems, system components, or devices that are not specificallydescribed in Rules .<strong>19</strong>55, .<strong>19</strong>56, .<strong>19</strong>57, or .<strong>19</strong>58 <strong>of</strong> this Section,including any system for which reductions are proposed in theminimum horizontal or vertical separation requirements orincreases are proposed to the maximum long-term acceptancerates <strong>of</strong> this Section; or any E & I systems as defined by G.S.130A-343(a) and approved pursuant to applicable Laws and thisRule. Accepted systems are as defined by G.S. 130A-343(a).This Rule shall provide for the approval and permitting <strong>of</strong> E & Iand accepted systems.(1) APPLICATION: An application shall besubmitted in writing to the State for an E & Isystem. The application shall include theinformation required by G.S. 130A-343 (d),(e), (f), and (g), and the following, asapplicable:(a) specification <strong>of</strong> the type <strong>of</strong> approvalrequested as either innovative,controlleddemonstration,experimental, accepted or a(b)combination;description <strong>of</strong> the system, includingmaterials used in construction, and itsproposed use;(c) summary <strong>of</strong> pertinent literature,published research, and previousexperience and performance with thesystem;(d)results <strong>of</strong> any available testing,research or monitoring <strong>of</strong> pilotsystems or full-scale operationalsystems conducted by a third partyresearch or testing organization;(e) evaluation protocols shall bespecified as either an approved andlisted protocol by the State or submitan alternative protocol for theevaluation <strong>of</strong> the performance <strong>of</strong> themanufacturer's system;(e)(f)identity and qualifications <strong>of</strong> anyproposed research or testingorganization and the principalinvestigators, and an affidavitcertifying that the organization andprincipal investigators have noconflict <strong>of</strong> interest and do not stand togain financially from the sale <strong>of</strong> the E& I system;(f)(g) objectives, methodology, andduration <strong>of</strong> any proposed research ortesting;(g)(h) specification <strong>of</strong> the number <strong>of</strong>systems proposed to be installed, thecriteria for site selection, and systemmonitoring and reporting procedures;(h)(i) operation and maintenanceprocedures, system classification,proposed management entity andsystem operator;(i)(j) procedure to address systemmalfunction and replacement orpremature termination <strong>of</strong> anyproposed research or testing;(j)(k) notification <strong>of</strong> any proprietary ortrade secret information, system,(l)component, or device; anda request for innovative systemapproval intended by the applicant tobe reclassified from an innovative toan accepted system shall includemonitoring, reporting and evaluationprotocols to be followed by themanufacturer, the results <strong>of</strong> whichshall be submitted in its futurepetition for accepted status; and(k)(m) Fee fee payment as required by G.S.130A-343(k), by corporate check,money order or cashier's check madepayable to: North Carolina On-SiteWastewater System Account or <strong>NC</strong>OSWW System Account, and mailedto the On-Site Wastewater Section,1642 Mail Service Center, Raleigh,<strong>NC</strong> 27699-1642 or hand delivered toRm. 1A-245, Parker LincolnBuilding, 2728 Capital Blvd.,Raleigh, <strong>NC</strong>.(2) REVIEW: The State shall review allapplications submitted and evaluate at least thefollowing:(a)the completeness <strong>of</strong> the application,and whether additional information isneeded to continue the review;(b) whether the system meets thestandards <strong>of</strong> an innovative systemunder G.S. 130A-343(a)(5), G.S.130A-343(g), and Item (3) <strong>of</strong> thisRule, or whether the system meets thestandards <strong>of</strong> an experimental orcontrolled demonstration systemunder G.S. 130A-343(e) or (f) andItem (4) <strong>of</strong> this Rule, as applicable.(3) INNOVATIVE SYSTEMS: Innovativesystems, technologies, components, or devicesshall be reviewed and approved by the State,and the local health department shall permitinnovative systems in accordance with thefollowing:(a)The State shall approve the system asan innovative system if the followingstandards have been met;<strong>19</strong>:<strong>06</strong> NORTH CAROLINA REGISTER September 15, 2004609
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