NC Register Volume 19 Issue 06 - Office of Administrative Hearings

PROPOSED RULES(d)execute an easementgranting rights of access tothe system at reasonablehours for monitoring andevaluation to the research ortesting organization. Thiseasement shall specify that itis granted for the purposes ofresearching and testing anexperimental wastewatersystem and shall remainvalid as long as the system isto be part of the proposedresearch or testing program.The easement shall berecorded with the countyregister of deeds.(viii)(vii) Provisions shall bemade for operation andmaintenance of the system.(ix)(viii) Any special conditionsrequired for the installationof the experimental orcontrolled demonstrationsystem shall be specified inthe Improvement Permit andtheConstructionAuthorization. Use of anexperimental or controlleddemonstration system andany conditions shall bedescribed on theImprovement Permit,Construction Authorizationand any subsequentoperation permits, withprovisions for a repair areaand backup systemspecified. A condition of theImprovement Permit andConstruction Authorizationshall be that the installationbe under the direct fieldsupervision of the researchor testing organization.(x)(ix) The proposed ImprovementPermit, ConstructionAuthorization and anysubsequent operationpermits for experimental orcontrolled demonstrationsystems shall be reviewed bythe State and found to beconsistent with the approvedresearch or testing programprior to issuance by the localhealth department.Upon completion of the installationand prior to use, an Experimental or(e)Controlled Demonstration SystemOperation Permit (ESOP or CDSOP)shall be issued by the local healthdepartment. The ESOP (CDSOP)shall be valid for a specified period oftime not to exceed five years. Specialmaintenance, monitoring and testingrequirements shall be specified aspermit conditions, in accordance withthe approved research or testingprogram. Failure to carry out theseconditions shall be grounds for permitsuspension or revocation.Prior to expiration of the ESOP(CDSOP) and based upon satisfactorysystem performance as determinedduring the research or testingprogram, the local health departmentshall issue an Operation Permit.Premature termination of the researchor testing program shall be groundsfor ESOP (CDSOP) suspension orrevocation.(f) Upon completion of monitoring,research and testing, the research ortesting organization shall prepare afinal report includingrecommendations on future use of thesystem. If the State determines thatthe results indicate that the standardsof Item (3) of this Rule are met, theState shall approve the use as aninnovative system.(g) Any proposed changes ormodifications in the E & I systemshall be submitted for review andapproval by the State.(5) ACCEPTED SYSTEMS: A petition to theCommission (CHS) for reclassification of aproprietary innovative system to an acceptedsystem shall be submitted by the manufacturerfor review to the State, accompanied by the feepayment as required by G.S. 130A-343(k) andas stipulated in Item (l) of this Rule. The Stateshall review all petitions submitted andevaluate the following: the completeness of thepetition, and whether additional information isneeded to continue the review; and whetherthe system meets the standards of an acceptedsystem under G.S. 130A-343(a)(l), G.S. 130A-343(h), and this Section. The State may alsoinitiate a review of a nonproprietary innovativesystem pursuant to G.S. l30A-343(i)(2). TheState shall submit to the CHS findings andrecommendations based upon its review forfinal Commission action on systemdesignation. The Commission shall designatea wastewater system technology, componentor device as an accepted system when it finds19:06 NORTH CAROLINA REGISTER September 15, 2004612