NC Rules and Requirements: Certified Inspectors of Subsurface Systems NC Certified Inspector...

NC Rules and Requirements: Certified Inspectors of Subsurface

Systems

NC Certified Inspector Training School

House Bill 688

• Passed on June 29, 2006• Effective January 1, 2008

– Onsite wastewater contractors and inspectors must be certified

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House Bill 688

• Definitions• Certification requirements• Renewal of certification• Continuing Education• Complaint investigation• Remedies

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Definitions"Inspector" means a person who conducts

an inspection in accordance with rules adopted by the Board.

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Definitions

"Inspection" means an examination of an on-site wastewater system permitted under the provisions of Article 11 of Chapter 130A of the General Statutes that satisfies all of the following criteria:

a. Is requested by a lending institution, realtor, prospective homebuyer, or other impacted party as a condition of sale, refinancing, or transfer of title.

b. Meets the minimum requirements established by the Board.

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Inspector certification requirements

• At least 18 years of age• Properly completed application to the Board• Submit fees• Complete education program approved by the

Board• Pass an examination

– More about this later

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Certification Renewal

• Submit an application for renewal • Meet the continuing education requirements

prescribed by the Board• Pay the certification renewal fee• Late fee

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Complaints

• A person may refer charges of fraud, deceit, negligence, incompetence, or misconduct against any certified contractor or inspector to the Board. – Mail notarized letter:

NCOWCICB - P.O. Box 132 Lawsonville, N.C. 27022.

www.ncowcicb.info

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Remedies

• Denial, suspension or revocation of certificate• Arbitration • Injunction

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Denial, Suspension, and Revocation of Certification due to:

• A violation of a Rule of this Board,• The use of fraud or deceit in obtaining or

renewing a certificate, including falsification of information on the Application,

• Any gross negligence, incompetence, or misconduct in the construction, installation, repair, or inspection of an onsite wastewater system.

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Arbitration or Injunction

• Arbitration– Voluntary procedure to address complaints

• Injunction– Court proceedings

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Class 2 misdemeanor

• Engages in or offers to engage in the construction, installation, repair, or inspection of an on site wastewater system without the ‑appropriate certificate for the grade level of on site wastewater system‑

• Gives false or forged evidence of any kind in obtaining a certificate

• Falsely impersonates a certified contractor or inspector

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Written or oral examination to demonstrate proficiency in

• Principles of public and environmental health associated with onsite wastewater systems

• Principles of construction and safety• Technical and practical knowledge• Laws and rules related to inspection of

specified systems

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Inspector Certification Exam• 3 hours allowed per exam• 50 multiple choice questions• Passing score = 70% of available points• Administered

– Minimum 3 times / yr– Minimum of 3 locations in NC

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Principles of public and environmental health associated with onsite wastewater

systems• Types of Wastewater

– Domestic• Homes, schools,

restaurants– Industrial

• Risk associated with improper wastewater treatment– Disease and toxic effects– Surface and groundwater

pollution

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Principles of construction and safety

• Knowledge of components and systems – Recognize proper construction and installation

• Knowledge of safe practices– It is critical to work safely during inspections

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Technical and practical knowledge

• Wastewater characteristics• Components and systems

– Typical systems used in NC– Treatment trains– Proper component function

• What constitutes a concern?

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Laws and Rules Related to System Inspection

• G.S. 90A Article 5• 21 NCAC 39

– Contractor / Inspector Rules– Inspector Standards of Practice– Contractor/Inspector Code of Ethics

• 15A NCAC 18A .1900– Sewage Treatment and Disposal Systems

• 15A NCAC 2L– Groundwater Classification and Standards 18

On-Site Wastewater Rules

• 15A NCAC 18A .1900 a.k.a. “On-site Wastewater Rules”

– Systems designed to use soil for the subsurface treatment and dispersal of sewage effluent

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On-Site Wastewater Rules• Regulatory authority

– Commission for Health Services– NC Department of Environment & Natural

Resources• Division of Environmental Health

– On-Site Water Protection Section (OWPS)

– Local Health Departments

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On-Site Wastewater Rules

• Component and system specification• System classification>>ORC requirements

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Manufacturer assistance

• Product manufacturers are willing to help– Answer questions– Provide guidance

• Inspections of systems that include – Systems with proprietary advanced wastewater

treatment components (Rule .1970)– Drip Distribution and Dispersal

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Groundwater Rules• Regulatory authority

– Commission for Health Services– NC Department of Environment & Natural

Resources• Division of Water Quality

– Groundwater Section

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Groundwater Rules

• Monitoring wells– Where required – Construction

specifications

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“Installer and Inspector” Rules

• 15A NCAC ???

North Carolina On Site Wastewater ‑Contractors and Inspectors Certification Board (NCOWCIC) Rules– Requirements for and responsibilities of

system contractors and inspectors– UNDER DEVELOPMENT

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“Installer and Inspector” Rules

• Additional detail on– Certification renewal requirements – Inspector responsibilities: inspection protocol– Continuing education– Disciplinary powers & procedures

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Enforcement

• Consequences– Notice of violation - via the NCOWCICB– Injunctive relief - via a court order– Criminal penalties - via a court ruling

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• Possible outcomes

– No action– Reprimand– Suspension– Revocation

• Appeal process

• Request for recertification28

Disciplinary Actions Disciplinary Actions

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Disciplinary Actions Disciplinary Actions

Civil and criminal penaltiesCivil and criminal penalties

Protect Your Certificate(s)!

• Be familiar with rules • Keep accurate records• Document everything – CYA!• Seek assistance when needed

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Questions?

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