Health; Ground Absorption Sewage Treatment and Disposal Act of 1981

Subject:

Health; Ground Absorption Sewage Treatment and Disposal Act of 1981; G.S. 130-166.62 et seq.

Requested By:

Stacy Covil, Head Sanitation Branch Division of Health Services

Questions:

(1)

Under what conditions are local board of health rules governing ground absorption sewage treatment and disposal systems required to be approved by the Department of Human Resources?

(2)

Under what conditions may a local board of health legally adopt and implement a sewage (rules) which has not been approved by the Department of Human Resources?

(3)

If a local board of health can legally adopt a sewage (rules) which has not been approved by the Department of Human Resources, what legal procedure must the local health department use to implement the rule?

(4)

Are permits to install and operate ground absorption sewage treatment and disposal systems issued prior to January 1, 1982, by the Department of Natural Resources and Community Development valid on and after January 1, 1982?

(5)

Are the conditions of a permit to install and operate a ground absorption sewage treatment and disposal system issued by the Department of Natural Resources and Community Development prior to January 1, 1982, enforceable on and after January 1, 1982, by the Department of Human Resources and local health departments?

(6)

Does the Department of Human Resources or does the Department of Natural Resources and Community Development have jurisdiction for ground absorption sewage treatment and disposal systems installed prior to January 1, 1982, which do not discharge to the land surface or surface waters and are not a public or community sewage system?

(7)

Are single ground absorption sewage treatment and disposal systems which are to be owned and operated by a county or municipality, including county schools, city schools, municipal housing projects, and others, governed by the rules promulgated by the Commission for Health Services or the Environmental Management Commission?

Conclusions:

(1)

If a local board of health chooses to adopt and enforce sewage regulations, it must, except as stated in Conclusion (2), obtain prior approval of the regulations from the Department of Human Resources. See G.S. 130-166.65(c).

(2)

A local board of health may adopt and enforce a specific sewage regulation not approved by the Department of Human Resources if the local board of health determines that "there is a local condition which in the opinion of the local board of health requires more stringent regulation in order to protect and promote the public health." See G.S. 130-17(b) and 130-166.65(e).

(3)

A specific sewage regulation of a local board of health is enforced by the local health department. All appeals concerning the interpretation and enforcement of local sewage regulations are governed by G.S. 130-166.70(c) and (d). All local rules must be adopted in accordance with G.S. 130.17(d).

(4)

Permits issued by NRCD prior to January 1, 1982 are valid but are subject to the current rules of the Commission for Health Services or the local board of health. The transfer of rule-making and enforcement authority from one agency to another does not invalidate the actions of the former agency.

(5)

Conditions contained in permits issued by NRCD prior to January 1, 1982 are enforceable to the extent required by current rules of the Commission for Health Services or the local board of health.

(6)

The Department of Human Resources has jurisdiction over such systems. See G.S. 130166.65(a) and

(7)

Such systems are subject to the rules of the Environmental Management Commission. See

G.S. 130-166.65(b) and 130-166.64(9).

Rufus L. Edmisten Attorney General

Robert R. Reilly Assistant Attorney General