15A NCAC 18E .0204      CONSTRUCTION AUTHORIZATION

(a)  The applicant shall obtain a CA after an IP has been issued and prior to the construction, location, or relocation of a facility, or the construction or repair of a wastewater system.

(b)  Conditions of an IP shall be completed prior to the issuance of a CA. A CA shall be issued by an authorized agent for wastewater system installation when it is found that the IP conditions and Rules of this Subchapter are met.

(c)  A CA may be issued at the same time as the IP if no conditions on the IP are required to be completed prior to CA issuance.

(d)  Any necessary easements, rights-of-way, or encroachment agreements shall be obtained prior to the issuance of a CA.

(e)  The CA shall specify the following:

(1)           all information required in Rule .0203(b) of this Section;

(2)           the initial wastewater system type and layout, location of all initial wastewater system components, and design details and specifications for the following, as applicable;

(A)          tanks;

(B)          collection sewers;

(C)          pump requirements;

(D)          advanced pretreatment;

(E)           distribution devices; and

(F)           trench width, length, and depth on the downslope side of the trench;

(3)           the nature of the Management Entity required and the minimum operation and maintenance requirements in accordance with Section .1300 of this Subchapter; and

(4)           permit conditions, such as site-specific installation requirements, maintenance of the groundwater lowering system, etc.

(f)  A CA shall be issued for each wastewater system serving a facility. Separate CAs may be issued for individual components. A building permit shall not be issued for a design unit until CAs for all components of the wastewater system serving that design unit have been issued.

(g)  Prior to the issuance of a CA for a system where all or part of the system will be under common or joint control, a draft multi-party agreement between the developer and an incorporated owners' association shall be submitted to and its conditions approved by the LHD. The draft multi-party agreement shall include and address the following, as applicable:

(1)           ownership;

(2)           transfer of ownership;

(3)           maintenance;

(4)           operation;

(5)           wastewater system repairs; and

(6)           designation of fiscal responsibility for the continued satisfactory performance of the wastewater system and repair or replacement of collection, treatment, dispersal, and other components.

(h)  Systems or components under common or joint control include the following:

(1)           wastewater system serving a condominium or other multiple‑ownership development; or

(2)           off-site systems serving two or more facilities where any components are under common or joint ownership or control.

(i)  The CA shall be valid for a period equal to the period of validity of the IP and stated on the permit.

(j)  The CA shall be transferable subject to the conditions set forth in G.S. 130A-336(a).

(k)  A CA shall be suspended or revoked if:

(1)           the information submitted in the application is found to be incomplete, false, or incorrect;

(2)           the site is altered and the permitted system cannot be installed or operated as permitted;

(3)           conditions of the CA or the Rules of this Subchapter cannot be met;

(4)           a new CA is issued for the same design unit on the same property; or

(5)           an NOI is issued in accordance with G.S. 130A-336.1(b) or G.S. 130A-336.2(b) for the same design unit on the same property.

History Note:        Authority G.S. 130A-335; 130A-336; 130A-338;

Eff. January 1, 2024.