PREPARING FOR PROGRAM REVIEW W H A T I T I S T O D A Y , A N D C O M M O N I S S U E S
RE-ACCREDITATION 2017 ANSON CASWELL CATAWBA FORSYTH CRAVEN MADISON GRANVILLE/VANCE MOORE HARNETT NORTHAMPTON LENOIR ONSLOW MACON RANDOLPH NASH TRANSYLVANIA STANLEY WAYNE
PROGRAM REVIEW D O C U M E N T A T I O N R E V I E W / F I E L D W O R K
PROGRAM REVIEW-ONSITE DOCUMENTATION REQUIRED FOR EACH REHS AUTHORIZED IN WASTEWATER (IF AVAILABLE): FIVE IP/CA PERMIT PACKETS* • TWO OPERATION PERMIT PACKETS* • TWO REPAIR PERMIT PACKETS * • ONE PERMIT DENIAL PACKET* • ONE PACKET RELATED TO RECONNECTION TO AN • EXISTING SEPTIC SYSTEM ONE PACKET RELATED TO APPROVAL FOR A PROPERTY • ADDITION (IF APPLICABLE)
PROGRAM REVIEW-WELLS DOCUMENTATION REQUIRED FOR EACH REHS AUTHORIZED IN PRIVATE DRINKING WATER WELLS: FIVE WELL PERMIT PACKETS ** (FOR COMPLETED WELLS, • IF POSSIBLE) ONE PERMIT PACKETS THAT REQUIRED A VARIANCE, IF • AVAILABLE ONE REPAIR PERMIT PACKET, IF AVAILABLE** •
ADDITIONAL DOCUMENTATION • COPIES OF ALL CURRENT FORMS (NOT INCLUDED IN THE PERMITTING PACKETS REQUESTED ABOVE) • OPERATION & MAINTENANCE FORMS • MIGRANT HOUSING FORMS • SUSPENSION/REVOCATION LETTERS • COMPLAINT LOG • NOV DOCUMENTATION AND TRACKING • FORMS RELATED TO ANY OTHER SERVICES PROVIDED
FIELD WORK • TWO PERMITS SELECTED FROM THE 5 IP/CAS FOR EACH RS • SITE VISIT AND SOIL WORK COMPLETED AT THESE TWO SITES • FINAL INSPECTIONS ATTENDED IF AVAILABLE
_____________ County Permit Review Worksheet Rule or Law Permit Application 1 2 3 4 5 6 7 8 9 10 .1937(d) Is the Application complete .1937(d) Is there a Site plan/Plat with application .1937(d) Is the Facilityshown? .1937(d) Are appurtenances shown Site Evaluation Information .1939 (a)(1) Topography and Landscape Position Recorded? .1940 (a-g) Slope % Recorded? .1939 (a)(2) Texture Class Recorded? .1939 (a)(2) Structure type Recorded? .1939 (a)(2) Consistence Recorded? .1939 (a)(2) Mineralogy Recorded? .1939 (a)(3) Soil Wetness Condition Recorded? Soil Depth to Rock or Parent Material Recorded .1939 (a)(4) When Encountered? Depth to Restrictive Horizons Recorded When .1939 (a)(5) Encountered? .1939 (a)(6) Sufficient Available Space Recorded? .1937(m) Are the Profile Locations Shown? .1939(a) & .1945(b) Are the S/PS Profiles in system & in repair area? Number of auger borings made: Were sufficient auger borings made? LTAR .1939(d), .1955, .1956, .1957 .1956, .1955 LTAR within limits of soil group IP/CA Proposed System Type stated-Initial G.S. 130A-336(a) & .1937(g) .1945(b) Proposed System Type stated-Repair G.S. 130A-336(a)(3) System location identifiable by setbacks - Initial .1937(g) & .1945(b) System components shown - Initial .1945(b) Repair area shown Does System design match facility, flow & WW .1937 (f)(g) characteristics? .1937 (f)(g) Is System design consistent with soil/site conditions? .1937 (f)(g) Is the System located in the approved area? G.S. 130A-336(a) Is the Design flow (gpd) indicated? G.S. 130A-336(a) Number of Bedrooms, employees, seats, etc. indicated? .1937(g) Trench depth indicated? .1937(g) Trench width indicated? .1937(g) Trench length indicated? G.S. 130A-336(a)(1) Proposed/existing well shown? G.S. 130A-336(a)(1) Property line lengths shown? G.S. 130A-336(a) Facility/appurtenance setbacks shown from fixed points?
COMMON ISSUES P R O C E D U R E S
COMMON ISSUES PROCEDURES INCOMPLETE APPLICATIONS & INADEQUATE 1. SITE PLANS
SITE PLANS
COMMON ISSUES PROCEDURES INCOMPLETE APPLICATIONS & INADEQUATE SITE PLANS 1. 2. APPLICANT SIGNING FOR “RIGHT OF ENTRY” WITHOUT DOCUMENTATION OF LEGAL REPRESENTATION
State Health Director MEMORANDUM FROM: L. Layton Long, Jr., Environmental Health Section Chief TO: Environmental Health Supervisors Local Health Directors DATE: January 30, 2013 RE: Owners Legal Representative Documentation Recently an issue has been raised regarding situations where a person represents themselves to the health department as the “legal representative” of a property owner for the purpose of making a septic permit application. 15 NCAC 18A .1937 (d) requires the “signature of the owner or owner’s legal representative” for the purposes of making an application for an improvement permit. In order to address this rule requirement, many health departments have developed “legal representative” forms as a means to document an individual as being the owner’s legal representative. The issue at question is whether or not a health department can require or mandate the use of their form before accepting a septic application from someone other than the property owner. In 2011 the General Assembly enacted Session Law 2011-398 which amended GS 150B-18, which covers rulemaking, with the following language; “An a agency shall not seek to implement or enforce against any person a policy, guideline, or other nonbinding interpretive statement that meets the definition of a rule contained in G.S. 150B-2(8a) if the policy, guideline, or other nonbinding interpretive statement has not been adopted as a rule in accordance with this Article.” G.S. 150B- 18 defines a rule as “any agency regulation, standard, or stat ement of general applicability that implements or interprets an enactment of the General Assembly or Congress or a regulation adopted by a federal agency or that describes the procedure or practice requirements of an agency……” In general this law prohibits a health department from using forms, procedures or policies, in the enforcement of a state rules authorized by General Statute, that establish additional requirements not spelled out in the rules or law. Although a health department cannot require a specific “legal representative” form in order for someone to submit a septic application it does not negate the clear requirement in the rule that the application be signed by the owner or the owner’s legal representative. If the application is not signed by the owner, proof still needs to be provided that the person submitting the application is the owner’s legal representative. There are several options available to the health department and the public in demonstrating this legal relationship between the property owner and the representative. Examples of acceptable documentation may include, but are not necessarily limited to, the following; a power of attorney, court ordered guardianship, executor of an estate, bankruptcy trustee, or a real estate contract. Forms created by the health department to satisfy this requirement can still be offered as another option of providing proof they just cannot be required. If someone chooses not to use the form offered by the health department then the burden of proof falls back to the individual seeking to submit the application. C: Chris Hoke
Owner’s Legal Representative Form -or- Power of Attorney -or- Real Estate Contract -or- Estate executor -or- Bankruptcy trustee -or- Court ordered guardianship
COMMON ISSUES PROCEDURES INCOMPLETE APPLICATIONS & INADEQUATE SITE PLANS 1. APPLICANT SIGNING FOR “RIGHT OF ENTRY” WITHOUT 2. DOCUMENTATION OF LEGAL REPRESENTATION “VOIDING” A PERMIT WHEN CHANGES ARE 3. REQUESTED
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