NC Register Volume 19 Issue 06 - Office of Administrative Hearings

PROPOSED RULESsubsequent changes in Laws or Ruleswhich affect their approval.(b) The approval of a an E & I systemmay be modified, suspended orrevoked upon a finding as follows:(i) subsequent experience withthe system results in alteredconclusions about systemperformance, reliability, ordesign;(ii) the system or componentfails to perform incompliancewithperformance standardsestablished for the system;or(iii) the system or component orthe E & I system applicantfails to comply withwastewater system Laws,Rules or conditions of theapproval.(c) The State shall notify the CHS of anyaction required for CHS approval ofany modifications to the status of anaccepted system.(6)(8) Modification, suspension or revocation of a anE & I System approval shall not affect systemspreviously installed pursuant to the approval.(7)(9) Reductions in total nitrification trench lengthallowed for E & I systems, as compared to thesystem sizing requirements delineated in Rule.1955 of this Section for conventional systemsbased upon excavated trench width, apply onlyto drainfields receiving septic tank effluent ofdomestic strength or better quality. Thesystem may be used for facilities producinghigher strength wastewater with nitrificationtrench length and trench bottom areadetermined based upon excavated trench widthequal to what is required by Rule .1955 of thisSection for a conventional gravel trenchsystem, with no reduction or application of anequivalency factor. However, reductions up to25 percent when allowed for approvedinnovative or accepted system models may beapplied for facilities producing higher strengthwastewater following a specifically approvedpretreament system designed to assure effluentstrength equal to or better than domestic septictank effluent, with a BOD less than 150 mg/l,TSS less than 100 mg/l and FOG less than 30mg/l.(8)(10) A Performance Warranty shall be provided bythe manufacturer of any approved innovativeor accepted wastewater system (warrantysystem) handling untreated septic tank effluentwhich allows for a reduction in the totalnitrification trench length of more than 25% ascompared to the total nitrification trenchlength required for a 36-inch wideconventional wastewater system, pursuant toG.S. 130A-343(j). The Department shallapprove the warranty when found incompliance with the applicable Laws and theseRules. When a warranty system is proposed toserve a residence, place of business, or placeof public assembly, the site shall include arepair or replacement area in accordance withRule .1945(b) of this Section or an innovativeor accepted system approved under this Rulewith no more than a 25 percent reduction inexcavated trench bottom area.(a) The Manufacturer shall provide theapproved Performance Warranty ineffect on the date of the OperationPermit issuance to the owner orpurchaser of the system. Thewarranty shall be valid for aminimum of five-years from the datethe warranty system is placed intooperation.(b) The Manufacturer shall issue thePerformance Warranty to the propertyowner through its authorized installerwho shall sign the PerformanceWarranty indicating the system hasbeen installed in accordance with themanufacturer's specifications, anyconditions of the system approvalgranted by the Department, and allconditions of the Authorization toConstruct a Wastewater System bythe local health department. Theinstaller or contractor shall promptlyreturn a copy of the signedPerformance Warranty to theManufacturer indicating the physicaladdress or location of the facilityserved by the warranty system, datethe system was installed or placedinto use, and type and model ofsystem installed.(c) The Performance Warranty shallprovide that the manufacturerfurnishes all materials and labornecessary to repair or replace amalfunctioning warranty system asdefined in Rule .1961(a) of thisSection or a warranty system thatfailed to meet any performanceconditions of the approval with afully functional wastewater system atno cost to the Owner, in accordancewith this Section and applicableLaws.(d) Performance Warranty repairs such asfull replacement of the nitrification19:06 NORTH CAROLINA REGISTER September 15, 2004615