Chapter 130A

(a) The following fees, payable to the Risk-Based Remediation Fund established under G.S. 130A-310.76A, are applicable to activities under this Part: (1) Application fee. - A person who proposes to conduct remediation pursuant to this Part shall pay an application fee due at the …

There is established under the control and direction of the Department the Risk-Based Remediation Fund. This fund shall be a revolving fund consisting of fees collected pursuant to G.S. 130A-310.76 and other monies paid to it or recovered by or on behalf of the Department. The Ri…

This Part shall not be construed or implemented in any of the following ways: (1) In any manner that would jeopardize federal authorization under any of the federal statutes, programs, or requirements set out in G.S. 130A-310.67(a) or would otherwise conflict with federal authori…

(a) After determination by the Department of the location and general extent of contamination of an inactive hazardous substance or waste disposal site, the owner of the real property on which the site is located, within 90 days after official notice to the owner to do so, shall …

(a) No one owner, operator, or other responsible party who voluntarily participates in the implementation of a remedial action program under G.S. 130A-310.3 or G.S. 130A-310.5 may be required to pay in excess of five million dollars ($5,000,000) for the cost of implementing a rem…

This Article shall be cited as the "North Carolina Drinking Water Act." (1979, c. 788, s. 1; 1983, c. 891, s. 2.)

The purpose of this Article is to regulate water systems within the State which supply drinking water that may affect the public health. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)

The following definitions shall apply throughout this Article: (1) "Administrator" means the Administrator of the United States Environmental Protection Agency. (2) "Certified laboratory" means a facility for performing bacteriological, chemical or other analyses on water which h…

(a) The provisions of this Article shall apply to each public water system in the State unless the public water system meets all of the following conditions: (1) Consists only of distribution and storage facilities and does not have any collection and treatment facilities; (2) Ob…

(a) The Commission shall adopt and the Secretary shall enforce drinking water rules to regulate public water systems. The rules may distinguish between community water systems and noncommunity water systems. (b) The rules shall: (1) Specify contaminants which may have an adverse …

The Department shall examine all waters and their sources and surroundings which are used as, or proposed to be used as, sources of public water supply to determine whether the waters and their sources are suitable for use as public water supply sources. (1979, c. 788, s. 1; 1983…

(a) The Department shall advise all persons and units of local government locating, constructing, altering or operating or intending to locate, construct, alter or operate a public water system of the most appropriate source of water supply and the best practical method of purify…

(a) The Department is authorized to require disinfection of: (1) Public water systems introduced on or after January 1, 1972; and (2) All public water systems, regardless of the date introduced, whenever: a. The maximum microbiological contaminant level is exceeded; or b. Conditi…

All units of local government operating public water systems and all water companies operating under franchise from the State or units of local government, may acquire by condemnation lands and rights in lands and water necessary for the successful operation and protection of the…

The meeting of the Commission for Public Health for the election of vice-chairman shall be at the first regular meeting after the joint session of the Commission for Public Health and the North Carolina Medical Society at the annual meeting of the North Carolina Medical Society e…

(a) The Commission shall adopt rules governing the sanitation of watersheds from which public drinking water supplies are obtained. In adopting these rules the Commission is authorized to consider the different classes of watersheds, taking into account general topography, nature…

(a) The Secretary may authorize variances from the drinking water rules. (1) The Secretary may grant one or more variances to a public water system from any requirement respecting a maximum contaminant level of an applicable drinking water rule upon a finding that: a. Because of …

(a) The Secretary shall judge whether an imminent hazard exists concerning a present or potential condition in a public water system. (b) In order to eliminate an imminent hazard, the Secretary may, without notice or hearing, issue an order requiring the person or persons involve…

(a) The Secretary shall develop and implement an adequate plan for the provision of drinking water under emergency circumstances. When the Secretary determines that emergency circumstances exist with respect to a need for drinking water, the Secretary may take action in accordanc…

Whenever a public water system: (1) Is not in compliance with the drinking water rules; (2) Fails to perform an applicable testing procedure or monitoring required by the drinking water rules; (3) Is subject to a variance granted for inability to meet a maximum contaminant level …

The following acts are prohibited: (1) Failure by a supplier of water to comply with this Article, an order issued under this Article, or the drinking water rules; (2) Failure by a supplier of water to comply with the requirements of G.S. 130A-324 or the dissemination by a suppli…

To carry out the provisions of this Article, the Secretary is authorized to: (1) Administer and enforce the provisions of this Article, the drinking water rules and orders issued under this Article; (2) Enter into agreements or cooperative arrangements with, or participate in rel…

This Article shall be interpreted as giving the State the authority needed to assume primary enforcement responsibility under the federal act. (1979, c. 788, s. 1; 1983, c. 891, s. 2.)

(a) No person shall operate a community or non transient non-community water system who has not been issued an operating permit by the Department. A community or non transient non-community water system operating permit shall be valid from January 1 through December 31 of each ye…

Reports required to be submitted under this Article or under rules adopted by the Commission shall be submitted electronically on a form specified by the Department. The Department may waive the requirement for electronic submission of a report if the water system demonstrates th…

Each year there shall be four regular meetings of the Commission for Public Health, one of which shall be held conjointly with a general session of the annual meeting of the North Carolina Medical Society. The State Health Director shall submit an annual report on public health a…

There is created the Commission of Anatomy in the Department with the power and duty to adopt rules for the distribution of dead human bodies and parts thereof for the purpose of promoting the study of anatomy in the State of North Carolina. The Commission is authorized to receiv…

(a) The Commission of Anatomy shall consist of six members, one representative from the field of mortuary science, and one each from The University of North Carolina School of Medicine, East Carolina University School of Medicine, Duke University School of Medicine, Bowman Gray S…

A testamentary disposition of a body or part thereof to the former Board of Anatomy shall be deemed in all respects to be a disposition to the Commission of Anatomy. (1975, c. 694, s. 2; 1989, c. 727, ss. 182(a), 185.)

There is established the Minority Health Advisory Council in the Department. The Council shall have the following duties and responsibilities: (1) To make recommendations to the Governor and the Secretary aimed at improving the health status of North Carolina's minority populatio…

(a) The Minority Health Advisory Council in the Department shall consist of 15 members to be appointed as follows: (1) Five members shall be appointed by the Governor. Members appointed by the Governor shall be representatives of the following: health care providers, public healt…

(a) The Advisory Committee on Cancer Coordination and Control is established in the Department. (b) The Committee shall consist of up to 34 members, including the Secretary of the Department or the Secretary's designee. The members of the Committee shall elect a chair and vice-ch…

(a) The Advisory Committee on Cancer Coordination and Control has the following responsibilities: (1) To recommend to the Secretary a plan for the statewide implementation of an interagency comprehensive coordinated cancer control program; (2) To identify and examine the limitati…

(a) The Maternal Mortality Review Committee is established in the Department. The purpose of the committee is to reduce maternal mortality in this State by conducting multidisciplinary maternal death reviews and developing recommendations for the prevention of future maternal dea…

(a) There is established the Advisory Council on Rare Diseases within the School of Medicine of the University of North Carolina at Chapel Hill to advise the Governor, the Secretary, and the General Assembly on research, diagnosis, treatment, and education relating to rare diseas…

The advisory council shall have the following powers and duties: (1) Advise on coordinating statewide efforts for the study of the incidence of rare diseases within the State and the status of the rare disease community. (2) Report to the Secretary, the Governor, and the Joint Le…

(a) No public water system owned or operated by a local government unit, as that term is defined in G.S. 159G-20(13), shall require a customer to install a backflow preventer on an existing nonresidential or residential connection, including multifamily dwellings, not otherwise r…

All persons and units of local government locating, constructing, altering, or operating, or intending to locate, construct, alter, or operate, a public water system, as defined in G.S. 130A-313, are prohibited from requiring the installation of a redundant inline water service s…

The General Assembly finds and declares that continued installation, at a rapidly and constantly accelerating rate, of septic tank systems and other types of wastewater systems in a faulty or improper manner and in areas where unsuitable soil and population density adversely affe…

The following definitions shall apply throughout this Article: (1) "Accepted wastewater system" has the same meaning as in G.S. 130A-343. (1a) "Approved agency for special inspection" means an individual, corporation, company, association, or partnership that is objective, compet…

(a) A person owning or controlling a residence, place of business or a place of public assembly shall provide an approved wastewater system. Except as may be allowed under another provision of law, all wastewater from water-using fixtures and appliances connected to a water suppl…

(a) The person who manufactures, installs, repairs, or pumps any septic tank to be installed in this State as a part of a septic tank system that is designed to treat 3,000 gallons per day or less of sewage shall provide an effluent filter approved by the Department pursuant to t…

(a) Any proposed site for a residence, place of business, or place of public assembly in an area not served by an approved wastewater system shall be evaluated by either (i) the local health department in accordance with rules adopted pursuant to this Article or (ii) by a profess…

(a) Engineered Option Permit Authorized. - A professional engineer licensed under Chapter 89C of the General Statutes may, at the direction of the owner of a proposed wastewater system who wishes to utilize the engineered option permit, prepare signed and sealed drawings, specifi…

(a) Authorized On-Site Wastewater Evaluator. - An individual licensed as a soil scientist pursuant to Chapter 89F of the General Statutes and further certified under conditions developed and administered by the North Carolina On-Site Wastewater Contractors and Inspectors Certific…

(a) No system of wastewater collection, treatment and disposal shall be covered or placed into use by any person until an inspection by the local health department has determined that the system has been installed or repaired in accordance with any conditions of the Improvement P…

Where construction, location or relocation is proposed to be done upon a residence, place of business or place of public assembly, no permit required for electrical, plumbing, heating, air conditioning or other construction, location or relocation activity under any provision of …

No person shall allow permanent electrical service to a residence, place of business or place of public assembly upon construction, location or relocation until the official electrical inspector with jurisdiction as provided in G.S. 143-143.2 certifies to the electrical supplier …

(a) A county shall provide public health services. (b) A county shall operate a county health department, establish a consolidated human services agency pursuant to G.S. 153A-77, participate in a district health department, or contract with the State for the provision of public h…

(a) The Local Health Department Accreditation Board is established within the North Carolina Institute for Public Health. The Board shall be composed of 17 members appointed by the Secretary of the Department of Health and Human Services as follows: (1) Four shall be county commi…