BILL DRAFT 2003-LDz-115 [v.91 (4/28) 

 Septic System Setbacks for Pre- 1977 Lots 



1 A BILL TO BE ENTITLED 



2 AN ACT TO CLARIFY THAT A SEPTIC TANK SYSTEM THAT IS FOR A LOT 



3 PLATTED PRIOR TO JULY 1, 1977, AND THAT IS OPERATED IN SOILS 



4 THAT ARE IN SOIL GROUP 1 MAY BE LOCATED TEN FEET OR MORE 



5 FROM ANY OTHER SEPTIC TANK SYSTEM, AS RECOMMENDED BY THE 



6 ENVIRONMENTAL REVIEW COMMISSION. 



7 The General Assembly of North Carolina enacts: 



8 SECTION 1. G.S. 130A-335(e) reads as rewritten: 



9 "(e) The rules of the Commission and the rules of the local board of health shall 



10 address at least the fo' lowing: Wastewater characteristics; Design unit; Design capacity; 



11 Design volume; Critoria for the design, installation, operation, maintenance and 



12 performance of wastewater collection, treatment and disposal systems; Soil morphology 



1 3 and drainage; Topography and landscape position; Depth to seasonally high water table, 



14 rock and water impeding formations; Proximity to water supply wells, shellfish waters, 



15 estuaries, marshes, wetlands, areas subject to frequent flooding, streams, lakes, swamps 



16 and other bodies of surface or groundwaters; Density of wastewater collection, 



17 treatment and disposal systems in a geographical area; Requirements for issuance, 



18 suspension and revocation of permits; and Other factors which affect the effective 



19 operation and performance of wastewater collection, treatment and disposal systems. 



20 The rules regarding required design capacity and required design volimie for wastewater 



21 systems shall provide that exceptions may be granted upon a showing that a system is 



22 adequate to meet actual daily water consumption. This subsection is subject to 



23 subsection (el) of this section. " 



24 SECTION 2. G.S. 130A-335 is amended by adding a new subsection to 



25 read: 



26 " (eH A septic tank system that is for a lot that was platted prior to Julv 1. 1977 and 



27 that is operated in soils that are classified as Soil Group 1 may be located 10 feet or 



63 



