North Carolina HB 381: Equal Access for Equestrians/Certain Lands.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 381
Committee Substitute Favorable 4/2/25
Committee Substitute #2 Favorable 4/16/25

Short Title: On-Site Wastewater System Amendments. (Public)
Sponsors:
Referred to:
March 13, 2025
*H381-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE ON-SITE SUBSURFACE WASTEWATER STATUTES AND TO 2
MODIFY THE APPROVAL PROCESS FOR CERTAIN ADVANCED TREATMENT 3
SYSTEMS AS INNOVATIVE WASTEWATER SYSTEMS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) G.S. 130A-334 reads as rewritten: 6
"§ 130A-334. Definitions. 7
The following definitions shall apply throughout this Article: 8
(1) "Accepted wastewater system" has the same meaning as in G.S. 130A-343. 9
(1a) "Advanced pretreatment" means any biological, chemical, or physical process 10
or system used in addition to or in place of a septic tank. Advanced 11
pretreatment includes, but is not limited to, aeration, clarification, digestion, 12
disinfection, filtration, separation, and settling. Advanced pretreatment 13
effluent shall meet the treatment standards adopted by the Commission for 14
better than septic tank effluent quality. Advanced pretreatment shall be part of 15
a ground absorption system. 16
(1b) "Approved agency for special inspection" means an individual, corporation, 17
company, association, or partnership that is objective, competent, and 18
independent from the contractor who is responsible for the work that is 19
inspected. The agency shall disclose possible conflicts of interest in a manner 20
such that objectivity can be confirmed. 21
(1b)(1c) "Approved special inspector" means a person who demonstrates 22
competence to the satisfaction of the professional engineer who designed the 23
wastewater system for the inspection of the construction or operation subject 24
to special inspection. 25
(1c)(1d) "Construction" means any work at the site of placement done for the 26
purpose of preparing a residence, place of business or place of public assembly 27
for initial occupancy, or subsequent additions or modifications which increase 28
sewage flow. 29
(1d)(1e) "Construction observation" means the visual observation of the 30
construction and installation of the wastewater system for general 31
conformance with the construction documents prepared by the professional 32
engineer who designed the wastewater system. Construction observation that 33
is conducted by the professional engineer who designed the wastewater 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 381-Third Edition
system does not include or waive the requirement to conduct special 1
inspections. 2
(1e)(1f) "Conventional wastewater system" has the same meaning as in 3
G.S. 130A-343. 4
(1f)(1g) "Department" means the Department of Health and Human Services. 5
(1g)(1h) "Engineered option permit" means an on-site wastewater system that is 6
permitted pursuant to the rules adopted by the Commission in accordance with 7
this Article, meets the criteria established by G.S. 130A-336.1, and is 8
designed by a professional engineer who is licensed under Chapter 89C of the 9
General Statutes who has expertise in the design of on-site wastewater 10
systems. 11
(1h)(1i) "Ground absorption system" means a system of tanks, treatment units, 12
nitrification fields, and appurtenances for wastewater collection, treatment, 13
and subsurface disposal. 14
... 15
(7b) "Pretreatment" means any biological, chemical, or physical process or system 16
for improving wastewater quality and reducing wastewater constituents prior 17
to final treatment and disposal in a subsurface wastewater system and 18
includes, but is not limited to aeration, clarification, digestion, disinfection, 19
filtration, separation, and settling. 20
...." 21
SECTION 1.(b) G.S. 130A-335(f) reads as rewritten: 22
"(f) The rules of the Commission and the rules of the local board of health shall classify 23
systems of wastewater collection, treatment and disposal according to size, type of treatment and 24
any other appropriate factors. The rules shall provide construction requirements, including 25
advanced pretreatment and system control requirements, standards for operation, maintenance, 26
monitoring, reporting, and ownership requirements for each classification of systems of 27
wastewater collection, treatment and disposal in order to prevent, as far as reasonably possible, 28
any contamination of the land, groundwater and surface waters. The Department and local health 29
departments may impose conditions on the issuance of permits and may revoke the permits for 30
failure of the system to satisfy the conditions, the rules, or this Article. Permits other than 31
improvement permits shall be valid for a period prescribed by rule. Improvement permits shall 32
be valid upon a showing satisfactory to the Department or the local health department that the 33
site and soil conditions are unaltered, that the facility, design wastewater flow, and wastewate