NC Register Volume 19 Issue 06 - Office of Administrative Hearings

PROPOSED RULES(f)(g)(h)(i)demonstrated to havecomparable statisticalvalidity as described in Sub-Item (5)(e)(i) of this Rule.The Commission may grant acceptedstatus to an innovative system basedupon a showing by the manufacturerthat there have been at least 10,000operational systems installed in thestate, in more than one county of thestate, over at least an eight yearperiod with a total reported failurerate statewide based on recordsprovided by the manufacturer andlocal health departments of less thanone percent. However, the grantingof accepted status based upon thiscriteria shall be conditioned on themanufacturer successfully completingan approved field survey pursuant toItems (5)(e)(i) or (5)(e)(ii) of thisRule within no more than 24 monthsof being granted accepted status;Proprietary innovative systems whichinclude an advanced pretreatmentcomponent designed to achievespecific effluent quality standards, thefield survey shall be designed toverify effluent is in compliance withthese established performancestandards. Data evaluated shall befrom sites where influent wastewatercharacteristics and flow meet designparameters. Compliance shall beachieved for all parameters by thearithmetic mean of all samples(geometric mean for fecal coliforms,where applicable). The percent of allsamples exceeding performancestandards shall not exceed 20% forany parameter. The percent of sites inviolation of performance standardsfor one or more parameters shall notexceed 10%.When a petition or recommendationfor an accepted wastewater systemdesignation is approved by the CHS,the State shall notify local healthdepartments and publish a listing ofaccepted systems. The CHS shallimpose any use, design, installation,operation, maintenance, monitoring,and management conditions itdetermines to be appropriate.The local health department shallpermit systems designated asaccepted nitrification trench systemsthat meet the requirements of thisSection, Laws, and conditions of itsaccepted system approval in anequivalent manner as a conventionalsystem. The Owner may choose tosubstitute an accepted system for aconventional system or anotheraccepted system without priorapproval of the health department aslong as no changes are necessary inthe location of each nitrification line,trench depth, or effluent distributionmethod. The type of system installedshall be indicated on the OperationPermit, including designation of themanufacturer and model or uniquecode.(6) MODIFICATION OF APPROVEDSYSTEMS: Where a manufacturer of anapproved E & I or accepted system seeks tomodify such system or its conditions ofapproval (including siting or sizing criteria)and retain it approved status, the manufacturershall submit to the State a request for approvalof the proposed modification. If themanufacturer demonstrates that the modifiedsystem will perform in a manner equal orsuperior to the approved system in terms ofstructural integrity, chemical durability,hydraulic performance and wastewatertreatment, the state shall approve the modifiedsystem with the same status as the previouslyapproved system. In the case of modificationsto accepted systems, the demonstrationrequired by this subsection shall be made byclear, convincing, and cogent evidence.Approvals of the proposed modificationspursuant to this subsection shall be made bythe State in the case of E & I systems and bythe Commission, on the recommendation ofthe State, in the case of accepted systems. Inorder to confirm the satisfactory performanceof an approved modified accepted system, themanufacturer shall conduct a survey ofinstalled modified systems in accordance withSub-Item (5)(e) of this Rule within one year ofthe fifth anniversary of the State's approval ofthe modified system and shall submit theresults of the survey to the State. The Statemay modify, suspend, or revoke its approvalof the modified system based on the surveyresults or any other information that supports afinding that the modified system does notperform in a manner equal or superior to thepreviously approved system.(5)(7) The State may modify, suspend or revoke theapproval of aan E & I system as provided forin G.S. 130A-343(c).(a) The E & I system approval shall bemodified as necessary to comply with19:06 NORTH CAROLINA REGISTER September 15, 2004614