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HB 628

Amend On-Site Wastewater/Environment Statutes.

2023-2024 Session Introduced by Mark Brody and 6 co-sponsors

NC HB 628 updates on-site septic rules to speed permit reviews (five business days), expands qualified evaluators (soil scientists, geologists), and limits forced sewer connections

Signed by Gov. 7/10/2023
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Bill Summary · HB 628

Summary — HB 628 (Session Law 2023‑90)

Title: Amend On‑Site Wastewater / Environment Statutes
Enacted: Ratified and filed as Session Law 2023‑90; signed by Governor (7/10/2023)

Main purpose

HB 628 revises North Carolina law governing on‑site (septic) wastewater systems and related environmental and permitting rules. The act updates permitting timelines and review processes, expands who may perform site evaluations, reforms contractor/inspector and environmental health certification structures, directs administrative rule changes (including an affidavit for existing systems), clarifies certain erosion/sedimentation and stormwater provisions, and prohibits some forced sewer‑connection and stormwater financing practices by local governments.

Key provisions and changes

  • Permitting process and timelines

    • Local health departments must perform completeness reviews for Improvement Permits and Construction Authorizations more quickly (statutory text reduces certain review actions to five business days and provides that failure to act may be treated as a determination of completeness). If a local health department fails to act within the required period, applicants may treat the application as complete and proceed toward building permits.
    • The professional who submits certain site evaluations (licensed soil scientist or licensed geologist) has the right to request suspension or revocation of an approved permit for cause.

  • Site evaluations and professional qualifications

    • Licensed soil scientists (Chapter 89F) and licensed geologists (Chapter 89E) may perform soil/site and geologic/hydrogeologic evaluations for proposed new systems or repairs. Those evaluations must satisfy Article requirements and the evaluator must carry errors‑and‑omissions liability insurance “commensurate with the risk.”

  • Building Code Council / affidavit

    • The Building Code Council is directed to create an “On‑Site Wastewater Existing System Affidavit” to formalize documentation for existing systems (used in permit/inspection contexts).

  • Contractors, inspectors, and certification

    • Changes are made to the NC On‑Site Wastewater Contractors and Inspectors Certification Board and to related certification requirements and procedures (board composition, administrative duties, or rulemaking authority are adjusted in the act).

  • Electrical, plumbing, and private well provisions

    • The act makes targeted changes to wastewater electrical and plumbing requirements and updates rules for private drinking water well inspections and installations.

  • Erosion, sedimentation, stormwater, and DEQ actions

    • Clarifies how fees are calculated for erosion and sedimentation control plan reviews.
    • Directs the Department of Environmental Quality (DEQ) to seek U.S. EPA approval to better align State sedimentation pollution control implementation with federal stormwater requirements for construction activities.
    • Prohibits certain local government requirements obligating owners of stormwater control systems to make advance payments for future maintenance/replacement.

  • Forced sewer connections

    • Establishes limits on forced sewer connection practices — prohibiting forced connections in specified situations (the act identifies particular circumstances in which localities cannot compel property owners to connect).

  • New certification

    • Establishes a Registered Environmental Health Associate certification under the State Board of Environmental Health Specialist Examiners to recognize/credential additional environmental health personnel.

Who is affected

  • Homeowners and property owners relying on on‑site wastewater (septic) systems
  • On‑site wastewater contractors, inspectors, soil scientists, geologists, and engineers
  • Local health departments and permitting officials
  • Building Code Council and DEQ (administration and rulemaking responsibilities)
  • Developers, construction firms, and owners/operators of stormwater control systems
  • Local governments (limits on financing and connection requirements)
  • Environmental health professionals and trainees (new associate certification)

Implementation and procedural notes

  • Enacted as SL 2023‑90 (effective on signature unless specific sections provide other effective dates).
  • Several provisions require subsequent agency action or rulemaking (e.g., Building Code Council affidavit, DEQ’s EPA coordination, and updated board procedures).
  • The statutory shortening of review timelines (to five business days) and the “failure to act” provisions may accelerate permitting and enable applicants to proceed more quickly in some cases.

For full legal text and operative details, consult Session Law 2023‑90 and the amended North Carolina General Statutes (notably G.S. 130A‑335 and related provisions).

Compiled from official sources — confirm details with the bill’s official record.

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