§ 239. Determining Compliance With Section 238.

(a)

Primary responsibility for determining whether a proposed development will comply with the standard set forth in Section 238 often lies with an agency other than the town, and the developer must comply with the detailed standards and specifications of such other agency. The relevant agencies are listed in Subsection (b). Whenever any such agency requires detailed construction or design drawings before giving its official approval to the proposed sewage disposal system, the authority issuing a permit under this section may rely upon a preliminary review by such agency of the basic design elements of the proposed sewage disposal system to determine compliance with Section 238. However, construction of such system may not be commenced until the detailed plans and specifications have been reviewed and any appropriate permits issued by such agency.

(b)

In the following table, the column on the left describes the type of development and the column on the right indicates the agency that must certify to the town whether the proposed sewage disposal system complies with the standard set forth in Section 238.

If	Then
(1) The use is located on a lot that is served by the town sewer system or a previously approved, privately-owned package treatment plant, and the use can be served by a simple connection to the system (as in the case of a single-family residence) rather than the construction of an internal collection system (as in the case of a shopping center or apartment complex):	No further certification is necessary.
(2) The use (other than a subdivision) is located on a lot that is served by the town sewer system but service to the use necessitates construction of an internal collection system (as in the case of a shopping center or apartment complex); and
a. The internal collection system is to be transferred to and maintained by the town:	The Division of Environmental Management (DEM) must certify to the town that the proposed internal collection system meets the town's specifications and will be accepted by the town. (A "permit to construct" must be obtained from the Division of Environmental Management.)
b. The internal collection system is to be privately maintained:	The public work director must certify that the proposed collection system is adequate.
(3) The use (other than a subdivision) is not served by the town system but is to be served by a privately operated sewage treatment system (that has not previously been approved) with three thousand (3,000) gallons or less design capacity, the effluent from which does not discharge to surface water:	The County Health Department (CHD) must certify to the town that the proposed system complies with all applicable state and local health regulations. If the proposed use is a single dwelling other than a manufactured home, the developer must obtain an improvements permit from the CHD. If the proposed use is a single-family manufactured home, the developer must present to the town a certificate of completion from the CHD.
(4) The use (other than a subdivision) is to be served by a privately operated sewage system (not previously approved) that has a design capacity of more than three thousand (3,000) gallons or that discharges effluent into surface waters:	The Division of Environmental Management must certify to the town that the proposed system complies with all applicable state regulations. (A "permit to construct" and a "permit to discharge" must be obtained from DEM.)
(5) The proposed use is a subdivision; and
a. Lots within the subdivision are to be served by simple connection to existing town lines or lines of a previously approved private system:	No further certification is necessary.
b. Lots within the subdivision are to be served by the town system but the developer will be responsible for installing the necessary additions to the town system:	The public works director must certify to the town that the proposed system meets the town's specifications an will be accepted by the town. (A "permit to construct" must be obtained from the Division of Environmental Management of the North Carolina Department of Environmental Health and Natural Resources.)
c. Lots within the subdivision are to be served by a sewage treatment system that has not been approved, that has a design capacity of three thousand (3,000) gallons or less, and that does not discharge into surface waters:	The County Health Department must certify that the proposed system complies with all applicable state and local health regulations. If each lot within the subdivision is to be served by a separate on-site disposal system, the CHD must certify that each lot shown on a major subdivision preliminary plat can probably be served, and each lot on a major and minor subdivision final plat can be served by an on-site disposal system.
d. Lots within the subdivision are to be served by a privately operated sewage treatment system (not previously approved) that has a design capacity in excess of three thousand (3,000) gallons or that discharges effluent into surface waters:	The Division of Environmental Management must certify that the proposed system complies with all applicable state regulations. (A "permit to construct" and a "permit to discharge" must be obtained from DEM.)