NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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PROPOSED RULES(b)(c)(i) The system, shall have beendemonstrated to performequal or superior to asystem, which is describedin Rules .1955, .1956, .1957,or .1958, of this Section,based upon controlled pilotscaleresearch studies orstatistically-valid monitoringof full-scale operationalsystems.(ii) Materials used inconstruction shall be equalor superior in physicalproperties and chemicaldurability, compared tomaterials used for similarproposed systems,specifically described inRules .1955, .1956, .1957, or.1958 of this Section.When a system is approved asinnovative by the State, the applicantshall be notified in writing. Suchnotice shall include any conditionsfor permitting, siting, installation,use, monitoring, and operation.Approved innovative systems shall beassigned a unique code for trackingpurposes. Prior to making a requestfor reclassification of a system frominnovative to accepted, themanufacturer shall have a system inplace to keep track of the number andlocation of new system installations,and of any system installations itbecomes aware of which wererequired to be repaired, and toprovide this information to the Stateupon request and in any subsequentpetition for accepted status.A local health department shall issuean Improvement Permit and aConstruction Authorization for anyinnovative system approved by theState upon a finding that theprovisions of this Section includingany conditions of the approval aremet. Use of an innovative system andany conditions shall be described onthe Improvement Permit,Construction Authorization, orOperation Permit.(4) EXPERIMENTAL AND CONTROLLEDDEMONSTRATION SYSTEMS: A systemmay be approved for use as an experimental orcontrolled demonstration system as part of aresearch or testing program which has beenapproved by the State. The research or testingprogram shall be conducted by a third partyresearch or testing organization which hasknowledge and experience relevant to theproposed research or testing and has noconflict of interest and does not stand to gainfinancially from the sale of the proposedsystem.(a)(b)(c)To be approved by the State, theproposed research or testing programshall include the following:(i) The research program shallbe designed such that, if theobjectives were met, thesystem would satisfy thestandards for approval as aninnovative system under(ii)Item (3) of this Rule.Research design and testingmethodology shall have areasonable likelihood ofmeeting the objectives.The State shall notify the applicantand the applicable local healthdepartments when the proposedresearch or testing program has beenapproved for an experimental orcontrolled demonstration system.Such notice shall include, but not belimited to, conditions for permitting,siting, operation, monitoring andmaintenance, and number of systemswhich can be installed.A local health department shall issuean Improvement Permit andConstruction Authorization for anexperimental or controlleddemonstration system when thefollowing conditions are met:(i)There is an application foran Improvement Permit inaccordance with Rule.1937(c) of this Section, withthe proposed use of anexperimental systemspecified.(ii) The proposed site isincluded as part of anapproved research or testingprogram and any conditionsspecified for use of thesystem have been met.(iii)When an experimental orcontrolled demonstrationsystem is proposed to serve aresidence, place of businessor place of public assembly,there shall be a repair areausing a non-experimental ornon-controlled19:06 NORTH CAROLINA REGISTER September 15, 2004610
PROPOSED RULESdemonstration backupsystem in accordance withthe provisions of Rule.1945(b) or an acceptedsystem of this Rule, except:(A) When an existingand properlyfunctioningwastewater systemis available forimmediate use,includingconnection to apublic orcommunitywastewater system;or(B) When theexperimental orcontrolleddemonstrationsystem is used as arepair to an existingmalfunctioningsystem; or(C) When for acontrolleddemonstrationsystem sufficientavailable spaceshall be reservedfor the installationof a replacementsystem at leastequal to the initialcontrolleddemonstrationsystem, or the Stateor Local HealthDepartmentotherwisedetermines that themanufacturer canprovide anacceptablealternative methodfor collection,treatment, anddisposal of thewastewater.(iv)(iii) When an experimental orcontrolled demonstrationsystem is proposed to serve aresidence, place of businessor place of public assembly,there shall be a repair systemin accordance with theprovisions of Rule .1945(b)or an innovative or acceptedsystem of this Rule, except:(A) When an existingand properlyfunctioningwastewater systemis available forimmediate use,includingconnection to apublic orcommunitywastewater system;or(B) When theexperimental orcontrolleddemonstrationsystem is used as arepair to an existingmalfunctioningsystem when thereare no otherapproved oraccepted repairoptions; or(C) As provided in G.S.130A-343(f) forControlledDemonstrationSystems.(v)(iv) When an experimental orcontrolled demonstrationsystem is proposed whichshall not serve a residence,place of business, or place ofpublic assembly, a repairarea or backup system shallnot be required.(vi)(v) The application for anexperimental system shallinclude statements that theproperty owner is aware ofits experimental nature, thatthe local health departmentand State do not guarantee orwarrant that these systemswill function in asatisfactory manner for anyperiod of time, and that useof the system may need to bediscontinued if the systemresearch or testing programis prematurely terminated.Such statements shall besigned by the owner.(vii)(vi) The owner of the site onwhich an experimentalsystem is proposed shall19:06 NORTH CAROLINA REGISTER September 15, 2004611
Page 1 and 2: NORTH CAROLINAREGISTERIN THIS ISSUE
Page 3 and 4: NORTH CAROLINA REGISTERPublication
Page 5 and 6: EXECUTIVE ORDERSEXECUTIVE ORDER NO.
Page 7 and 8: EXECUTIVE ORDERSThis Executive Orde
Page 9 and 10: IN ADDITIONNC DENR will provide aux
Page 11 and 12: IN ADDITION1. In construction where
Page 13 and 14: PROPOSED RULESNote from the Codifie
Page 15 and 16: PROPOSED RULES(5) four or more crim
Page 17 and 18: PROPOSED RULESAuthority G.S. 17E-4;
Page 19 and 20: PROPOSED RULESSECTION .0700 - MINIM
Page 21 and 22: PROPOSED RULEStraining in all topic
Page 23 and 24: PROPOSED RULESassignments. Instruct
Page 25 and 26: PROPOSED RULESthan one year, then t
Page 27 and 28: PROPOSED RULESexpiration of the ins
Page 29: PROPOSED RULESOF ON-SITE SUBSURFACE
Page 33 and 34: PROPOSED RULESthat the standards se
Page 35 and 36: PROPOSED RULESsubsequent changes in
Page 37 and 38: PROPOSED RULES(6) "Successful Compl
Page 39 and 40: PROPOSED RULESdate shall be subject
Page 41 and 42: PROPOSED RULESunauthorized overtime
Page 43 and 44: PROPOSED RULES(9) Regular hourly ra
Page 45 and 46: PROPOSED RULESAuthority G.S. 126-4.
Page 47 and 48: PROPOSED RULESschedules. The employ
Page 49 and 50: TEMPORARY RULESNote from the Codifi
Page 51 and 52: TEMPORARY RULESsought, whether or n
Page 53 and 54: APPROVED RULESterm of the loan with
Page 55 and 56: APPROVED RULESmodifications or repl
Page 57 and 58: APPROVED RULEShigher distribution s
Page 59 and 60: RULES REVIEW COMMISSIONThis Section
Page 61 and 62: RULES REVIEW COMMISSION1 NCAC 41C .
Page 63 and 64: RULES REVIEW COMMISSIONVictim Safet
Page 65 and 66: RULES REVIEW COMMISSIONAmend/*Equip
Page 67 and 68: RULES REVIEW COMMISSIONRepeal/*Floo
Page 69 and 70: RULES REVIEW COMMISSIONAmend/*Adver
Page 71 and 72: RULES REVIEW COMMISSIONAmend/*Actio
Page 73 and 74: CONTESTED CASE DECISIONSThis Sectio
Page 75: CONTESTED CASE DECISIONSOFFICE OF S

NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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