Senate Bill 166 Proposes Changes for Onsite Wastewater Contractors and Introduces New Inspector Role in North Carolina

North Carolina's Senate Bill 166, currently navigating through the legislative process, proposes pivotal changes for on-site wastewater contractors and introduces a new inspector role, marking a significant overhaul in the regulatory landscape. The bill outlines the creation of the Private Compliance Inspector (PCI) role, a major development designed to reshape the process of wastewater system inspections. This new inspector will operate independently and can be employed by various stakeholders including system owners, Local Health Departments (LHD), contractors, Professional Engineers (PE), or Authorized Onsite Wastewater Evaluators (AOWE).

To qualify as a PCI, candidates must have a minimum of five years of relevant experience as an an installer, AOWE, subsurface operator, or REHS prior to application and complete a specific curriculum sanctioned by the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board (NCOWCICB). Additionally, PCIs are prohibited from being local health department employees or the installers of the systems they inspect, and they must carry adequate Errors and Omissions (E&O) insurance. The bill states that local health departments will be discharged from any liabilities, duties, and responsibilities and from any claim arising out of or attributed to a wastewater system inspected by a PCI.

The bill also modifies the certification grades for onsite wastewater installers by eliminating Grade Levels I and III, simplifying the system to just Grade Levels II and IV. Under the new system, current Level I Installers will be upgraded to Level II, and Level III Installers will advance to Level IV. If the bill passes, prospective Level IV installers will be required to have been a Level II installer for a minimum of two years prior to applying to become a Level IV. The bill also introduces a new exam requirement for new Level II applicants entering the industry.

Senate Bill 166 represents a comprehensive update, introducing over 30 pages of modifications to the regulation of onsite wastewater services in North Carolina. These changes follow a busy year of regulatory updates in 2023 and the introduction of the new 18E rules at the start of this year. For a deeper understanding of the implications and details of these adjustments, interested parties can read the full legislation at the provided link. Keep an eye out for future updates as we work through each section of the bill. Click here to read the May 1, 2024 version of the bill. Track the bill as it makes it’s way through the legislative process on NC General Assembly website using the following link:

https://www.ncleg.gov/BillLookUp/2023/S166

Previous
Previous

Impending Legislative Changes Could Affect Liability Protection for Environmental Health Professionals in North Carolina (S166)