CHAPTER 130A.
Public Health.
ARTICLE 1.
Definitions, General Provisions and Remedies.
PART 1. General Provisions.
§130A-1. Title.
This Chapter shall be known as the Public Health Law of
North Carolina. (1983, c. 891, s. 2.)
§ 130A-1.1. Mission and essential services.
(a) The General Assembly recognizes that unified purpose
and direction of the public health system is necessary to ensure
that all citizens in the State have equal access to essential
public health services. The General Assembly declares that the
mission of the public health system is to promote and contribute
to the highest level of health possible for the people of North
Carolina by:
(1) Preventing health risks and disease;
(2) Identifying and reducing health risks in the
community;
(3) Detecting, investigating, and preventing the
spread of disease;
(4) Promoting healthy lifestyles;
(5) Promoting a safe and healthful environment;
(6) Promoting the availability and accessibility of
quality health care services through the private sector; and
(7) Providing quality health care services when not
otherwise available.
(b) As used in this section, the term "essential public
health services" means those services that the State shall ensure
because they are essential to promoting and contributing to the
highest level of health possible for the citizens of North
Carolina. The Departments of Environment and Natural Resources
and Health and Human Services shall attempt to ensure within the
resources available to them that the following essential public
health services are available and accessible to all citizens of
the State, and shall account for the financing of these services:
(1) Health Support:
a. Assessment of health status, health needs,
and environmental risks to health;
b. Patient and community education;
c. Public health laboratory;
d. Registration of vital events;
(2) Environmental Health:
a. Lodging and institutional sanitation;
b. On-site domestic sewage disposal;
c. Water and food safety and sanitation; and
(3) Personal Health:
a. Child health;
b. Chronic disease control;
c. Communicable disease control;
d. Dental public health;
e. Family planning;
f. Health promotion and risk reduction;
g. Maternal health.
The Commission for Health Services shall determine specific
services to be provided under each of the essential public health
services categories listed above.
(c) The General Assembly recognizes that there are health-
related services currently provided by State and local government
and the private sector that are important to maintaining a
healthy social and ecological environment but that are not
included on the list of essential public health services required
under this section. Omission of these services from the list of
essential public health services shall not be construed as an
intent to prohibit or decrease their availability. Rather, such
omission means only that the omitted services may be more
appropriately assured by government agencies or private entities
other than the public health system.
(d) The list of essential public health services required
by this section shall not be construed to limit or restrict the
powers and duties of the Commission for Health Services or the
Departments of Environment and Natural Resources and Health and
Human Services as otherwise conferred by State law. (1991, c.
299, s. 1; 1997-443, s. 11A.54.)
§ 130A-2. Definitions.
The following definitions shall apply throughout this
Chapter unless otherwise specified:
(1) "Commission" means the Commission for Health
Services.
(2) "Department" means the Department of Health and
Human Services.
(3) "Imminent hazard" means a situation which is
likely to cause an immediate threat to human life, an immediate
threat of serious physical injury, an immediate threat of serious
adverse health effects, or a serious risk of irreparable damage
to the environment if no immediate action is taken.
(4) "Local board of health" means a district board
of health or a public health authority board or a county board of
health.
(5) "Local health department" means a district
health department or a public health authority or a county health
department.
(6) "Local health director" means the
administrative head of a local health department appointed
pursuant to this Chapter.
(7) "Person" means an individual, corporation,
company, association, partnership, unit of local government or
other legal entity.
(8) "Secretary" means the Secretary of Health and
Human Services.
(9) "Unit of local government" means a county,
city, consolidated city-county, sanitary district or other local
political subdivision, authority or agency of local government.
(10) "Vital records" means birth, death, fetal
death, marriage, annulment and divorce records registered under
the provisions of Article 4 of this Chapter. (1957, c. 1357, s.
1; 1963, c. 492, ss. 5, 6; 1967, c. 343, s. 2; c. 1257, s. 1;
1973, c. 476, s. 128; 1975, c. 751, s. 1; 1981, c. 130, s. 1; c.
340, ss. 1-4; 1983, c. 891, s. 2; 1989, c. 727, s. 141; 1989
(Reg. Sess., 1990), c. 1004, s. 19(b); 1991, c. 631, s. 1; 1997-
443, s. 11A.55; 1997-502, s. 2(a), (b).)
§130A-3. Appointment of the State Health Director.
The Secretary shall appoint the State Health Director. The
State Health Director shall be a physician licensed to practice
medicine in this State. The State Health Director shall perform
duties and exercise authority assigned by the Secretary. (1983,
c. 891, s. 2.)
§ 130A-4. Administration.
(a) Except as provided in subsection (c) of this section,
the Secretary shall administer and enforce the provisions of this
Chapter and the rules of the Commission. A local health director
shall administer the programs of the local health department and
enforce the rules of the local board of health.
(b) When requested by the Secretary, a local health
department shall enforce the rules of the Commission under the
supervision of the Department. The local health department shall
utilize local staff authorized by the Department to enforce the
specific rules.
(c) The Secretary of Environment and Natural Resources
shall administer and enforce the provisions of Articles 8, 9, 10,
11, and 12 of this Chapter and the rules of the Commission.
(d) When requested by the Secretary of the Department of
Environment and Natural Resources, a local health department
shall enforce the rules of the Commission under the supervision
of the Department of Environment and Natural Resources. The local
health department shall utilize local staff authorized by the
Department of Environment and Natural Resources to enforce the
specific rules. (1983, c. 891, s. 2; 1995, c. 123, s. 2; 1997-
443, s. 11A.56.)
§ 130A-4.1. State funds for maternal and child
health care/nonsupplanting.
(a) The Department shall ensure that local health
departments do not reduce county appropriations for maternal and
child health services provided by the local health departments
because they have received State appropriations for this purpose.
(b) All income earned by local health departments for
maternal and child health programs supported in whole or in part
from State or federal funds, received from the Department, shall
be budgeted and expended by local health departments to further
the objectives of the program that generated the income. (1991,
c. 689, s. 170; 1997-443, s. 11A.57.)
§ 130A-4.2. State funds for health
promotion/nonsupplanting.
The Department shall ensure that local health departments do
not reduce county appropriations for health promotion services
provided by the local health departments because they have
received State appropriations for this purpose. (1991, c. 689, s.
171; 1997-443, s. 11A.58.)
§ 130A-5. Duties of the Secretary.
The Secretary shall have the authority:
(1) To enforce the State health laws and the rules
of the Commission;
(2) To investigate the causes of epidemics and of
infectious, communicable and other diseases affecting the public
health in order to control and prevent these diseases; to
provide, under the rules of the Commission, for the prevention,
detection, reporting and control of communicable, infectious or
any other diseases or health hazards considered harmful to the
public health; to obtain, notwithstanding the provisions of G.S.
8-53, a copy or a summary of pertinent portions of privileged
patient medical records deemed necessary for investigating a
disease or health hazard that may present a clear danger to the
public health. Records shall be identified as necessary by joint
agreement of a Department physician and the patient's attending
physician. However, if the Department is unable to contact the
attending physician after reasonable attempts to do so, or if the
Department determines that contacting all attending physicians of
patients involved in an investigation would be impractical or
would unreasonably delay the inquiry and thereby endanger the
public health, the records shall be identified as necessary by
joint agreement of a Department physician and the health care
facility's chief of staff. For a facility with no chief of staff,
the facility's chief administrator may consent to the
Department's review of the records. Any person, authorized to
have or handle such records, providing copies or summaries of
privileged patient medical records pursuant to this subdivision
shall be immune from civil or criminal liability that might
otherwise be incurred or imposed based upon invasion of privacy
or breach of physician-patient confidentiality arising out of the
furnishing of or agreement to furnish such records;
(3) To develop and carry out reasonable health
programs that may be necessary for the protection and promotion
of the public health and the control of diseases. The Commission
is authorized to adopt rules to carry out these programs;
(4) To make sanitary and health investigations and
inspections;
(5) To investigate occupational health hazards and
occupational diseases and to make recommendations for the
elimination of the hazards and diseases. The Secretary shall work
with the Industrial Commission and shall file sufficient reports
with the Industrial Commission to enable it to carry out all of
the provisions of the Workers' Compensation Act with respect to
occupational disease.
(6) To receive donations of money, securities,
equipment, supplies, realty or any other property of any kind or
description which shall be used by the Department for the purpose
of carrying out its public health programs;
(7) To acquire by purchase, devise or otherwise in
the name of the Department equipment, supplies and other
property, real or personal, necessary to carry out the public
health programs;
(8) To use the official seal of the Department.
Copies of documents in the possession of the Department may be
authenticated with the seal of the Department, attested by the
signature or a facsimile of the signature of the Secretary, and
when authenticated shall have the same evidentiary value as the
originals;
(9) To disseminate information to the general
public on all matters pertaining to public health; to purchase,
print, publish, and distribute free, or at cost, documents,
reports, bulletins and health informational materials. Money
collected from the distribution of these materials shall remain
in the Department to be used to replace the materials;
(10) To be the health advisor of the State and to
advise State officials in regard to the location, sanitary
construction and health management of all State institutions; to
direct the attention of the State to health matters which affect
the industries, property, health and lives of the people of the
State; to inspect at least annually State institutions and
facilities; to make a report as to the health conditions of these
institutions or facilities with suggestions and recommendations
to the appropriate State agencies. It shall be the duty of the
persons in immediate charge of these institutions or facilities
to furnish all assistance necessary for a thorough inspection;
(11) To establish a schedule of fees based on
income to be paid by a recipient for services provided by Migrant
Health Clinics and Development Evaluation Centers;
(12) To establish fees for the sale of specimen
containers, vaccines and other biologicals. The fees shall not
exceed the actual cost of such items, plus transportation costs;
(13) To establish a fee to cover costs of
responding to requests by employers for industrial hygiene
consultation services and occupational consultation services. The
fee shall not exceed two hundred dollars ($200.00) per on site
inspection; and
(14) To establish a fee for companion animal
certificate of examination forms to be distributed, upon request,
by the Department to licensed veterinarians. The fee shall not
exceed the cost of the form and shipping costs. (1957, c. 1357,
s. 1; 1961, c. 51, s. 4; c. 833, s. 14; 1969, c. 982; 1973, c.
476, ss. 128, 138; 1979, c. 714, s. 2; 1981, c. 562, s. 4; 1983,
c. 891, s. 2; 1985, c. 470, s. 1; 1991, c. 227, s. 1; 1993 (Reg.
Sess., 1994), c. 715, s. 1.)
§130A-6. Delegation of authority.
Whenever authority is granted by this Chapter upon a public
official, the authority may be delegated to another person
authorized by the public official. (1983, c. 891, s. 2.)
§130A-7. Grants-in-aid.
The State is authorized to accept, allocate and expend any
grants-in-aid for public health purposes which may be made
available to the State by the federal government. This Chapter is
to be liberally construed in order that the State and its
citizens may benefit fully from these grants-in-aid. The
Commission is authorized to adopt rules, not inconsistent with
the laws of this State, as required by the federal government for
receipt of federal funds. Any federal funds received are to be
deposited with the State Treasurer and are to be appropriated by
the General Assembly for the public health purposes specified.
(1957, c. 1357, s. 1; 1983, c. 891, s. 2.)
§130A-8. Counties to recover indirect costs on certain federal
public health or mental health grants.
(a) The Department shall include in its request for federal
funds applicable to public health or mental health grants from
the federal government to the State or any of its agencies,
indirect costs incurred by counties acting as subgrantees under
the grants or otherwise providing services to the Department with
regard to the grants to the full extent permitted by OMB Circular
A-87 or its successor. The Department shall allow counties to
claim and recover their indirect costs on these grants to the
full extent permitted by the Circular.
(b) This section shall not apply to those federal public
health or mental health grants which are formula grants to the
State or which are otherwise limited as to the maximum amounts
receivable on a statewide basis. (1977, c. 876, ss. 1, 2; 1983,
c. 891, s. 2.)
§130A-9. Standards.
The Commission is authorized to establish reasonable
standards governing the nature and scope of public health
services rendered by local health departments. (1957, c. 1357, s.
1; 1973, c. 110; 1975, c. 83; 1979, c. 504, s. 15; 1983, c. 891,
s. 2.)
§130A-10. Advisory Committees.
The Secretary is authorized to establish and appoint as many
special advisory committees as may be necessary to advise and
confer with the Department concerning the public health. Members
of any special advisory committee shall serve without
compensation but may be allowed travel and subsistence expenses
in accordance with G.S. 138-6. (1957, c. 1357, s. 1; 1975, c.
281; 1983, c. 891, s. 2.)
§ 130A-11. Residencies in public health.
The Department shall establish a residency program designed
to attract dentists into the field of public health and to train
them in the specialty of public health practice. The program
shall include practical experience in public health principles
and practices. (1975, c. 945, s. 1; 1983, c. 891, s. 2; 1991, c.
342, s. 6.)
§ 130A-12. Confidentiality of records.
All records containing privileged patient medical
information that are in the possession of the Department or local
health departments shall be confidential and shall not be public
records pursuant to G.S. 132-1. (1985, c. 470, s. 2; 1991 (Reg.
Sess., 1992), c. 890, s. 9; 1995, c. 428, s. 1.1.)
§ 130A-13. Application for eligibility for
Department medical payment program constitutes assignment to the
State of right to third party benefits.
(a) Notwithstanding any other provisions of law, by
applying for financial eligibility for any Department medical
payment program administered under this Chapter, the recipient
patient or responsible party for the recipient patient shall be
deemed to have made an assignment to the State of the right to
third party benefits, contractual or otherwise, to which he may
be entitled to the extent of the amount of the Department's
payment on behalf of the recipient patient. Any attorney retained
by the recipient patient shall be compensated for his services in
accordance with the following schedule and in the following order
of priority from any amount of such third party benefits obtained
on behalf of the recipient by settlement, with judgment against,
or otherwise from a third party:
(1) First to the payment of any court costs taxed
by the judgment;
(2) Second to the payment of the fee of the
attorney representing the beneficiary making the settlement or
obtaining the judgment, but this fee shall not exceed one-third
of the amount obtained or recovered to which the right of
subrogation applies;
(3) Third to the payment of the amount of
assistance received by the beneficiary as prorated with other
claims against the amount obtained or received from the third
party to which the right of subrogation applies, but the amount
shall not exceed one-third of the amount obtained or recovered to
which the right of subrogation applies; and
(4) Fourth to the payment of any amount remaining
to the beneficiary or his personal representative.
The United States and the State of North Carolina shall be
entitled to shares in each net recovery under this section. Their
shares shall be promptly paid under this section and their
proportionate parts of such sum shall be determined in accordance
with the matching formulas in use during the period for which
assistance was paid to the recipient.
(b) The Department shall establish a third party resources
collection unit that is adequate to ensure collection of third
party resources.
(c) The Commission may adopt rules necessary to implement
this section.
(d) Notwithstanding any other law to the contrary, in all
actions brought by the State pursuant to subsection (a) of this
section to obtain reimbursement for payments for medical
services, liability shall be determined on the basis of the same
laws and standards, including bases for liability and applicable
defenses, as would be applicable if the action were brought by
the individual on whose behalf the medical services were
rendered. (1989, c. 483, s. 1; 1995, c. 508, s. 1.)
§ 130A-14. Department may assist private nonprofit
foundations.
(a) The Secretary may allow employees of the Department to
assist any private nonprofit foundation that works directly with
services or programs of the Department and whose sole purpose is
to support the services and programs of the Department, and may
provide other appropriate services to any such foundation. No
employee of the Department may work with a foundation for more
than 20 hours in any one month. Chapter 150B of the General
Statutes does not apply to any assistance or services provided to
a private nonprofit foundation pursuant to this section.
(b) The board of directors of any private nonprofit
foundation that receives assistance or services pursuant to this
section shall secure and pay for the services of the Department
of State Auditor or shall employ a certified public accountant to
conduct an annual audit of the financial accounts of the
foundation. The board of directors of the foundation shall
transmit a copy of the annual financial audit report to the
Secretary. (1991, c. 761, s. 37.3; 1993, c. 553, s. 40.1)
Part 2. Remedies.
§ 130A-17. Right of entry.
(a) The Secretary and a local health director shall have
the right of entry upon the premises of any place where entry is
necessary to enforce the provisions of this Chapter or the rules
adopted by the Commission or a local board of health. If consent
for entry is not obtained, an administrative search and
inspection warrant shall be obtained pursuant to G.S. 15-27.2.
However, if an imminent hazard exists, no warrant is required for
entry upon the premises.
(b) The Secretary of the Department of Environment and
Natural Resources and a local health director shall have the same
rights enumerated in subsection (a) of this section to enforce
the provisions of Articles 8, 9, 10, 11, and 12 of this Chapter.
(1983, c. 891, s. 2; 1997-443, s. 11A.60.)
§ 130A-18. Injunction.
(a) If a person shall violate any provision of this Chapter
or the rules adopted by the Commission or rules adopted by a
local board of health, the Secretary or a local health director
may institute an action for injunctive relief, irrespective of
all other remedies at law, in the superior court of the county
where the violation occurred or where a defendant resides.
(b) The Secretary of the Department of Environment and
Natural Resources and a local health director shall have the same
rights enumerated in subsection (a) of this section to enforce
the provisions of Articles 8, 9, 10, 11, and 12 of this Chapter.
(1983, c. 891, s. 2; 1997-443, s. 11A.61.)
§ 130A-19. Abatement of public health
nuisance.
(a) If the Secretary or a local health director determines
that a public health nuisance exists, the Secretary or a local
health director may issue an order of abatement directing the
owner, lessee, operator or other person in control of the
property to take any action necessary to abate the public health
nuisance. If the person refuses to comply with the order, the
Secretary or the local health director may institute an action in
the superior court of the county where the public health nuisance
exists to enforce the order. The action shall be calendared for
trial within 60 days after service of the complaint upon the
defendant. The court may order the owner to abate the nuisance or
direct the Secretary or the local health director to abate the
nuisance. If the Secretary or the local health director is
ordered to abate the nuisance, the Department or the local health
department shall have a lien on the property for the costs of the
abatement of the nuisance in the nature of a mechanic's and
materialmen's lien as provided in Chapter 44A of the General
Statutes and the lien may be enforced as provided therein.
(b) The Secretary of Environment and Natural Resources and
a local health director shall have the same rights enumerated in
subsection (a) of this section to enforce the provisions of
Articles 8, 9, 10, 11, and 12 of this Chapter. (1893, c. 214, s.
22; Rev., ss. 3446, 4450; 1911, c. 62, ss. 12, 13; 1913, c. 181,
s. 3; C.S., ss. 7071, 7072; 1957, c. 1357, s. 1; 1983, c. 891, s.
2; 1997-443, s. 11A.62.)
§ 130A-20. Abatement of an imminent hazard.
(a) If the Secretary or a local health director determines
that an imminent hazard exists, the Secretary or a local health
director may, after notice to or reasonable attempt to notify the
owner, enter upon any property and take any action necessary to
abate the imminent hazard. The Department or the local health
department shall have a lien on the property for the cost of the
abatement of the imminent hazard in the nature of a mechanic's
and materialmen's lien as provided in Chapter 44A and the lien
may be enforced as provided therein. The lien may be defeated by
a showing that an imminent hazard did not exist at the time the
Secretary or the local health director took the action.
(b) The Secretary of Environment and Natural Resources and
a local health director shall have the same rights enumerated in
subsection (a) of this section to enforce the provisions of
Articles 8, 9, 10, 11, and 12 of this Chapter. (1893, c. 214, s.
22; Rev., ss. 3446, 4450; 1911, c. 62, ss. 12, 13; 1913, c. 181,
s. 3; C.S., ss. 7071, 7072; 1957, c. 1357, s. 1; 1983, c. 891, s.
2; 1997-443, s. 11A.63.)
§ 130A-21. Embargo.
(a) The Secretary of Environment and Natural Resources and
a local health director has authority to exercise embargo
authority concerning food or drink pursuant to G.S. 106-125(a),
(b) and (c) when delegated the authority by the Commissioner of
Agriculture.
(b) If the Secretary of Environment and Natural Resources
or a local health director has probable cause to believe that any
milk designated as Grade "A" milk is misbranded or does not
satisfy the milk sanitation rules adopted pursuant to G.S. 130A-
275, the Secretary of Environment and Natural Resources or a
local health director may detain or embargo the milk by affixing
a tag to it and warning all persons not to remove or dispose of
the milk until permission for removal or disposal is given by the
official by whom the milk was detained or embargoed or by the
court. It shall be unlawful for any person to remove or dispose
of the detained or embargoed milk without that permission.
The official by whom the milk was detained or embargoed
shall petition a judge of the district or superior court in whose
jurisdiction the milk is detained or embargoed for an order for
condemnation of the article. If the court finds that the milk is
misbranded or that it does not satisfy the milk sanitation rules
adopted pursuant to G.S. 130A-275, either the milk shall be
destroyed under the supervision of the petitioner or the
petitioner shall ensure that the milk will not be used for human
consumption as Grade "A" milk. All court costs and fees, storage,
expenses of carrying out the court's order and other expense
shall be taxed against the claimant of the milk. If, the milk, by
proper labelling or processing, can be properly branded and will
satisfy the milk sanitation rules adopted pursuant to G.S. 130A-
275, the court, after the payment of all costs, fees, and
expenses and after the claimant posts an adequate bond, may order
that the milk be delivered to the claimant for proper labelling
and processing under the supervision of the petitioner. The bond
shall be returned to the claimant after the petitioner represents
to the court either that the milk is no longer mislabelled or in
violation of the milk sanitation rules adopted pursuant to G.S.
130A-275, or that the milk will not be used for human
consumption, and that in either case the expenses of supervision
have been paid.
(c) If the Secretary of Environment and Natural Resources
or a local health director has probable cause to believe that any
scallops, shellfish or crustacea is adulterated or misbranded,
the Secretary of Environment and Natural Resources or a local
health director may detain or embargo the article by affixing a
tag to it and warning all persons not to remove or dispose of the
article until permission for removal or disposal is given by the
official by whom it was detained or embargoed or by the court. It
shall be unlawful for any person to remove or dispose of the
detained or embargoed article without that permission.
The official by whom the scallops, shellfish or crustacea
was detained or embargoed shall petition a judge of the district
or superior court in whose jurisdiction the article is detained
or embargoed for an order for condemnation of the article. If the
court finds that the article is adulterated or misbranded, that
article shall be destroyed under the supervision of the
petitioner. All court costs and fees, storage and other expense
shall be taxed against the claimant of the article. If, the
article, by proper labelling can be properly branded, the court,
after the payment of all costs, fees, expenses, and an adequate
bond, may order that the article be delivered to the claimant for
proper labelling under the supervision of the petitioner. The
bond shall be returned to the claimant after the petitioner
represents to the court that the article is no longer mislabelled
and that the expenses of supervision have been paid.
(d) Nothing in this section is intended to limit the
embargo authority of the Department of Agriculture and Consumer
Services. The Department of Environment and Natural Resources and
the Department of Agriculture and Consumer Services are
authorized to enter agreements respecting the duties and
responsibilities of each agency in the exercise of their embargo
authority.
(e) For the purpose of this section, a food or drink is
adulterated if the food or drink is deemed adulterated under G.S.
106-129; and food or drink is misbranded if it is deemed
misbranded under G.S. 106-130. (1983, c. 891, s. 2; 1997-261, s.
109; 1997-443, s. 11A.63A.)
§ 130A-22. Administrative penalties.
(a) The Secretary of Environment and Natural Resources may
impose an administrative penalty on a person who violates Article
9 of this Chapter, rules adopted by the Commission pursuant to
Article 9, or any order issued under Article 9. Each day of a
continuing violation shall constitute a separate violation. The
penalty shall not exceed five thousand dollars ($5,000) per day
in the case of a violation involving nonhazardous waste. The
penalty shall not exceed twenty-five thousand dollars ($25,000)
per day in case of a first violation involving hazardous waste as
defined in G.S. 130A-290 or involving the disposal of medical
waste as defined in G.S. 130A-290 in or upon water in a manner
that results in medical waste entering waters or lands of the
State; and shall not exceed fifty thousand dollars ($50,000) per
day for a second or further violation involving the disposal of
medical waste as defined in G.S. 130A-290 in or upon water in a
manner that results in medical waste entering waters or lands of
the State. If a person fails to pay a civil penalty within 60
days after the final agency decision or court order has been
served on the violator, the Secretary of Environment and Natural
Resources shall request the Attorney General to institute a civil
action in the superior court of any county in which the violator
resides or has his or its principal place of business to recover
the amount of the assessment. Such civil actions must be filed
within three years of the date the final agency decision or court
order was served on the violator.
(a1) Part 5 of Article 21A of Chapter 143 of the General
Statutes shall apply to the determination of civil liability or
penalty pursuant to subsection (a) of this section.
(b) The Secretary of Environment and Natural Resources may
impose an administrative penalty on a person who violates G.S.
130A-325. Each day of a continuing violation shall constitute a
separate violation. The penalty shall not exceed twenty-five
thousand dollars ($25,000) for each day the violation continues.
(b1) The Secretary may impose an administrative penalty on
a person who violates Article 19 of this Chapter or a rule
adopted pursuant to that Article. Except as provided in
subsection (b2) of this section, the penalty shall not exceed one
thousand dollars ($1,000) per day per violation. Until the
Department has notified the person of the violation, a continuing
violation shall be treated as one violation. Each day thereafter
of a continuing violation shall be treated as a separate
violation.
In determining the amount of a penalty under this subsection
or subsection (b2) of this section, the Secretary shall consider
all of the following factors:
(1) The degree and extent of harm to the natural
resources of the State, to the public health, or to private
property resulting from the violation.
(2) The duration and gravity of the violation.
(3) The effect on air quality.
(4) The cost of rectifying the damage.
(5) The amount of money the violator saved by
noncompliance.
(6) The prior record of the violator in complying
or failing to comply with Article 19 of this Chapter or a rule
adopted pursuant to that Article.
(7) The cost to the State of the enforcement
procedures.
(8) If applicable, the size of the renovation and
demolition involved in the violation.
(b2) The penalty for violations of the asbestos NESHAP for
demolition and renovation, as defined in G.S. 130A-444, shall not
exceed ten thousand dollars ($10,000) per day per violation.
Until the Department has provided the person with written
notification of the violation of the asbestos NESHAP for
demolition and renovation that describes the violation,
recommends a general course of action, and establishes a time
frame in which to correct the violations, a continuing violation
shall be treated as one violation. Each day thereafter of a
continuing violation shall be treated as a separate violation. A
violation of the asbestos NESHAP for demolition and renovation is
not considered to continue during the period a person who has
received the notice of violation is following the general course
of action and complying with the time frame set forth in the
notice of violation.
(b3) The Secretary may impose an administrative penalty on
a person who violates Article 19A of this Chapter or any rules
adopted pursuant to Article 19A of this Chapter. Each day of a
continuing violation is a separate violation. The penalty shall
not exceed one thousand dollars ($1,000) for each day the
violation continues. The penalty authorized by this section does
not apply to a person who is not required to be certified under
this Article.
(c) The Secretary of Environment and Natural Resources may
impose an administrative penalty on a person who willfully
violates Article 11 of this Chapter, rules adopted by the
Commission pursuant to Article 11 or any condition imposed upon a
permit issued under Article 11. An administrative penalty may not
be imposed upon a person who establishes that neither the site
nor the system may be improved or a new system installed so as to
comply with Article 11 of this Chapter. Each day of a continuing
violation shall constitute a separate violation. The penalty
shall not exceed fifty dollars ($50.00) per day in the case of a
wastewater collection, treatment and disposal system with a
design daily flow of no more than 480 gallons or in the case of
any system serving a single one-family dwelling. The penalty
shall not exceed three hundred dollars ($300.00) per day in the
case of a wastewater collection, treatment and disposal system
with a design daily flow of more than 480 gallons which does not
serve a single one-family dwelling.
(c1) The Secretary may impose a monetary penalty on a
vendor who violates rules adopted by the Commission pursuant to
Article 13 of this Chapter when the Secretary determines that
disqualification would result in hardship to participants in the
Women, Infants, and Children (WIC) program. The penalty shall be
calculated using the following formula: multiply five percent
(5%) times the average dollar amount of the vendor's monthly
redemptions of WIC food instruments for the 12-month period
immediately preceding disqualification, then multiply that
product by the number of months of the disqualification period
determined by the Secretary.
(d) In determining the amount of the penalty in subsections
(a), (b) and (c), the Secretary and the Secretary of the
Department of Environment and Natural Resources shall consider
the degree and extent of the harm caused by the violation and the
cost of rectifying the damage.
(e) A person contesting a penalty shall, by filing a
petition pursuant to G.S. 150B-23(a) not later than 30 days after
receipt by the petitioner of the document which constitutes
agency action, be entitled to an administrative hearing and
judicial review in accordance with Chapter 150B of the General
Statutes, the Administrative Procedure Act.
(f) The Commission shall adopt rules concerning the
imposition of administrative penalties under this section.
(g) The Secretary or the Secretary of Environment and
Natural Resources may bring a civil action in the superior court
of the county where the violation occurred or where the defendant
resides to recover the amount of an administrative penalty
authorized under this section whenever a person:
(1) Who has not requested an administrative hearing
in accordance with subsection (e) of this section fails to pay
the penalty within 60 days after being notified of the penalty;
or
(2) Who has requested an administrative hearing
fails to pay the penalty within 60 days after service of a
written copy of the final agency decision.
(h) A local health director may impose an administrative
penalty on any person who willfully violates the wastewater
collection, treatment, and disposal rules of the local board of
health adopted pursuant to G.S. 130A-335(c) or who willfully
violates a condition imposed upon a permit issued under the
approved local rules. An administrative penalty may not be
imposed upon a person who establishes that neither the site nor
the system may be improved or a new system installed so as to
comply with Article 11 of this Chapter. The local health director
shall establish and recover the amount of the administrative
penalty in accordance with subsections (d) and (g). Each day of a
continuing violation shall constitute a separate violation. The
penalty shall not exceed fifty dollars ($50.00) per day in the
case of a wastewater collection, treatment and disposal system
with a design daily flow of no more than 480 gallons or in the
case of any system serving a single one-family dwelling. The
penalty shall not exceed three hundred dollars ($300.00) per day
in the case of a wastewater collection, treatment and disposal
system with a design daily flow of more than 480 gallons which
does not serve a single one-family dwelling. A person contesting
a penalty imposed under this subsection shall be entitled to an
administrative hearing and judicial review in accordance with
G.S. 130A-24. A local board of health shall adopt rules
concerning the imposition of administrative penalties under this
subsection.
(i) The clear proceeds of penalties assessed pursuant to
this section shall be remitted to the Civil Penalty and
Forfeiture Fund in accordance with G.S. 115C-457.2. (1983, c.
891, s. 2; 1987, c. 269, s. 2; c. 656; c. 704, s. 1; c. 827, s.
247; 1989, c. 742, s. 4; 1991, c. 691, s. 1; c. 725, s. 8; 1991
(Reg. Sess., 1992), c. 944, s. 11; 1993 (Reg. Sess., 1994), c.
686, s. 1; 1995, c. 504, s. 8; 1997-443, s. 11A.64; 1997-523, s.
2; 1998-215, s. 54(a).)
§ 130A-23. Suspension and revocation of permits
and program participation.
(a) The Secretary may suspend or revoke a permit issued
under this Chapter upon a finding that a violation of the
applicable provisions of this Chapter, the rules of the
Commission or a condition imposed upon the permit has occurred. A
permit may also be suspended or revoked upon a finding that its
issuance was based upon incorrect or inadequate information that
materially affected the decision to issue the permit.
(b) The Secretary may suspend or revoke a person's
participation in a program administered under this Chapter upon a
finding that a violation of the applicable provisions of this
Chapter or the rules of the Commission has occurred. Program
participation may also be suspended or revoked upon a finding
that participation was based upon incorrect or inadequate
information that materially affected the decision to grant
program participation.
(c) A person shall be given notice that there has been a
tentative decision to suspend or revoke the permit or program
participation and that an administrative hearing will be held in
accordance with Chapter 150B of the General Statutes, the
Administrative Procedure Act, at which time the person may
challenge the tentative decision.
(d) A permit shall be suspended or revoked immediately if a
violation of the Chapter, the rules or a condition imposed upon
the permit presents an imminent hazard. An operation permit
issued pursuant to G.S. 130A-281 shall be immediately suspended
for failure of a public swimming pool to maintain minimum water
quality or safety standards or design and construction standards
pertaining to the abatement of suction hazards which result in an
unsafe condition. A permit issued pursuant to G.S. 130A-248 shall
be revoked immediately for failure of an establishment to
maintain a minimum grade of C. The Secretary of Environment and
Natural Resources shall immediately give notice of the suspension
or revocation and the right of the permit holder or program
participant to appeal the suspension or revocation under G.S.
150B-23.
(e) The Secretary of Environment and Natural Resources
shall have all of the applicable rights enumerated in this
section to enforce the provisions of Articles 8, 9, 10, 11, and
12 of this Chapter. (1983, c. 891, s. 2; 1987, c. 827, s. 1; c.
438, s. 3; 1993, c. 211, s. 2; 1993 (Reg. Sess., 1994), c. 732,
s. 2; 1995, c. 123, s. 15; 1997-443, s. 11A.65.)
§ 130A-24. Appeals procedure.
(a) Appeals concerning the enforcement of rules adopted by
the Commission, concerning the suspension and revocation of
permits and program participation by the Secretary and concerning
the imposition of administrative penalties by the Secretary shall
be governed by Chapter 150B of the General Statutes, the
Administrative Procedure Act.
(a1) Any person appealing an action taken by the Department
pursuant to this Chapter or rules of the Commission shall file a
petition for a contested case with the Office of Administrative
Hearings as provided in G.S. 150B-23(a). The petition shall be
filed not later than 30 days after notice of the action which
confers the right of appeal unless a federal statute or
regulation provides for a different time limitation. The time
limitation imposed under this subsection shall commence when
notice of the agency decision is given to all persons aggrieved.
Such notice shall be provided to all persons known to the agency
by personal delivery or by the placing of notice in an official
depository of the United States Postal Service addressed to the
person at the latest address provided to the agency by the
person.
(b) Appeals concerning the enforcement of rules adopted by
the local board of health and concerning the imposition of
administrative penalties by a local health director shall be
conducted in accordance with this subsection and subsections (c)
and (d) of this section. The aggrieved person shall give written
notice of appeal to the local health director within 30 days of
the challenged action. The notice shall contain the name and
address of the aggrieved person, a description of the challenged
action and a statement of the reasons why the challenged action
is incorrect. Upon filing of the notice, the local health
director shall, within five working days, transmit to the local
board of health the notice of appeal and the papers and materials
upon which the challenged action was taken.
(c) The local board of health shall hold a hearing within
15 days of the receipt of the notice of appeal. The board shall
give the person not less than 10 days' notice of the date, time
and place of the hearing. On appeal, the board shall have
authority to affirm, modify or reverse the challenged action. The
local board of health shall issue a written decision based on the
evidence presented at the hearing. The decision shall contain a
concise statement of the reasons for the decision.
(d) A person who wishes to contest a decision of the local
board of health under subsection (b) of this section shall have a
right of appeal to the district court having jurisdiction within
30 days after the date of the decision by the board. The scope of
review in district court shall be the same as in G.S. 150B-51.
(e) The appeals procedures enumerated in this section shall
apply to appeals concerning the enforcement of rules, the
imposition of administrative penalties, or any other action taken
by the Department of Environment and Natural Resources pursuant
to Articles 8, 9, 10, 11, and 12 of this Chapter. (1983, c. 891,
s. 2; 1987, c. 482; c. 827, s. 248; 1993, c. 211, s. 1; 1997-443,
s. 11A.66; 1998-217, s. 33.)
§ 130A-25. Misdemeanor.
(a) A person who violates a provision of this Chapter or
the rules adopted by the Commission or a local board of health
shall be guilty of a misdemeanor.
(b) A person convicted under this section for violation of
G.S. 130A-144(f) or G.S. 130A-145 shall not be sentenced under
Article 81B of Chapter 15A of the General Statutes but shall
instead be sentenced to a term of imprisonment of no more than
two years and shall serve any prison sentence in McCain Hospital,
Division of Prisons, Department of Correction, McCain, North
Carolina; the North Carolina Correctional Center for Women,
Division of Prisons, Department of Correction, Raleigh, North
Carolina; or any other confinement facility designated for this
purpose by the Secretary of Correction after consultation with
the State Health Director. The Secretary of Correction shall
consult with the State Health Director concerning the medical
management of these persons.
(c) Notwithstanding G.S. 148-4.1, G.S. 148-13, or any other
contrary provision of law, a person imprisoned for violation of
G.S. 130A-144(f) or G.S. 130A-145 shall not be released prior to
the completion of the person's term of imprisonment unless and
until a determination has been made by the District Court that
release of the person would not create a danger to the public
health. This determination shall be made only after the medical
consultant of the confinement facility and the State Health
Director, in consultation with the local health director of the
person's county of residence, have made recommendations to the
Court. (1983, c. 891, s. 2; 1987, c. 782, s. 19; 1991, c. 187, s.
1; 1993, c. 539, s. 946; 1994, Ex. Sess., c. 24, s. 14(c); 1993
(Reg. Sess., 1994), c. 767, s. 18.)
§ 130A-26: Repealed by Session Laws 1995, c. 311,
s. 1.
§ 130A-26.1. Criminal violation of Article
9.
(a) The definition of "person" set out in G.S. 130A-290
shall apply to this section. In addition, for purposes of this
section, the term "person" shall also include any responsible
corporate or public officer or employee.
(b) No proceeding shall be brought or continued under this
section for or on account of a violation by any person who has
previously been convicted of a federal violation based upon the
same set of facts.
(c) In proving the defendant's possession of actual
knowledge, circumstantial evidence may be used, including
evidence that the defendant took affirmative steps to shield
himself from relevant information. Consistent with the principles
of common law, the subjective mental state of defendants may be
inferred from their conduct.
(d) For the purposes of the felony provisions of this
section, a person's state of mind shall not be found "knowingly
and willfully" or "knowingly" if the conduct that is the subject
of the prosecution is the result of any of the following
occurrences or circumstances:
(1) A natural disaster or other act of God which
could not have been prevented or avoided by the exercise of due
care or foresight.
(2) An act of third parties other than agents,
employees, contractors, or subcontractors of the defendant.
(3) An act done in reliance on the written advice
or emergency on-site direction of an employee of the Department
of Environment and Natural Resources. In emergencies, oral advice
may be relied upon if written confirmation is delivered to the
employee as soon as practicable after receiving and relying on
the advice.
(4) An act causing no significant harm to the
environment or risk to the public health, safety, or welfare and
done in compliance with other conflicting environmental
requirements or other constraints imposed in writing by
environmental agencies or officials after written notice is
delivered to all relevant agencies that the conflict exists and
will cause a violation of the identified standard.
(5) Violations of permit limitations causing no
significant harm to the environment or risk to the public health,
safety, or welfare for which no enforcement action or civil
penalty could have been imposed under any written civil
enforcement guidelines in use by the Department of Environment
and Natural Resources at the time, including but not limited to,
guidelines for the pretreatment permit civil penalties. This
subdivision shall not be construed to require the Department of
Environment and Natural Resources to develop or use written civil
enforcement guidelines.
(e) All general defenses, affirmative defenses, and bars to
prosecution that may apply with respect to other criminal
offenses under State criminal offenses may apply to prosecutions
brought under this section or other criminal statutes that refer
to this section and shall be determined by the courts of this
State according to the principles of common law as they may be
applied in the light of reason and experience. Concepts of
justification and excuse applicable under this section may be
developed in the light of reason and experience.
(f) Any person who knowingly and willfully does any of the
following shall be guilty of a Class I felony, which may include
a fine not to exceed one hundred thousand dollars ($100,000) per
day of violation, provided that this fine shall not exceed a
cumulative total of five hundred thousand dollars ($500,000) for
each period of 30 days during which a violation continues:
(1) Transports or causes to be transported any
hazardous waste identified or listed under G.S. 130A-294(c) to a
facility which does not have a permit or interim status under
G.S. 130A-294(c) or 42 U.S.C. § 6921, et seq.
(2) Transports or causes to be transported such
hazardous waste with the intent of delivery to a facility without
a permit.
(3) Treats, stores, or disposes of such hazardous
waste without a permit or interim status under G.S. 130A-294(c)
or 42 U.S.C. § 6921, et seq., or in knowing violation of any
material condition or requirement or such permit or applicable
interim status rules.
(g) Any person who knowingly and willfully does any of the
following shall be guilty of a Class I felony, which may include
a fine not to exceed one hundred thousand dollars ($100,000) per
day of violation, provided that the fine shall not exceed a
cumulative total of five hundred thousand dollars ($500,000) for
each period of 30 days during which a violation continues:
(1) Transports or causes to be transported
hazardous waste without a manifest as required under G.S. 130A-
294(c).
(2) Transports hazardous waste without a United
States Environmental Protection Agency identification number as
required by rules promulgated under G.S. 130A-294(c).
(3) Omits material information or makes any false
material statement or representation in any application, label,
manifest, record, report, permit, or other document filed,
maintained, or used for purposes of compliance with rules
promulgated under G.S. 130A-294(c).
(4) Generates, stores, treats, transports, disposes
of, exports, or otherwise handles any hazardous waste or any used
oil burned for energy recovery and who knowingly destroys,
alters, conceals, or fails to file any record, application,
manifest, report, or other document required to be maintained or
filed for purposes of compliance with rules promulgated under
G.S. 130A-294(c).
(5) Provides false information or fails to provide
information relevant to a decision by the Department as to
whether or not to enter into a brownfields agreement under Part 5
of Article 9 of this Chapter.
(6) Provides false information or fails to provide
information required by a brownfields agreement under Part 5 of
Article 9 of this Chapter.
(7) Provides false information relevant to a
decision by the Department pursuant to:
a. G.S. 130A-308(b).
b. G.S. 130A-310.7(c).
c. G.S. 143-215.3(f).
d. G.S. 143-215.84(e).
(h) For the purposes of subsections (f) and (g) of this
section, the phrase "knowingly and willfully" shall mean
intentionally and consciously as the courts of this State,
according to the principles of common law interpret the phrase in
the light of reason and experience.
(i) (1) Any person who knowingly transports,
treats, stores, disposes of, or exports any hazardous waste or
used oil regulated under G.S. 130A-294(c) in violation of
subsection (f) or (g) of this section, who knows at the time that
he thereby places another person in imminent danger of death or
personal bodily injury shall be guilty of a Class C felony which
may include a fine not to exceed two hundred fifty thousand
dollars ($250,000) per day of violation, provided that this fine
shall not exceed a cumulative total of one million dollars
($1,000,000) for each period of 30 days during which a violation
continues.
(2) For the purposes of this subsection, a person's
state of mind is knowing with respect to:
a. His conduct, if he is aware of the nature
of his conduct;
b. An existing circumstance, if he is aware or
believes that the circumstance exists; or
c. A result of his conduct, if he is aware or
believes that his conduct is substantially certain to cause
danger of death or serious bodily injury.
(3) Under this subsection, in determining whether a
defendant who is a natural person knew that his conduct placed
another person in imminent danger of death or serious bodily
injury:
a. The person is responsible only for actual
awareness or actual belief that he possessed; and
b. Knowledge possessed by a person other than
the defendant but not by the defendant himself may not be
attributed to the defendant.
(4) It is an affirmative defense to a prosecution
under this subsection that the conduct charged was conduct
consented to by the person endangered and that the danger and
conduct charged were reasonably foreseeable hazards of an
occupation, a business, or a profession; or of medical treatment
or medical or scientific experimentation conducted by
professionally approved methods and such other person had been
made aware of the risks involved prior to giving consent. The
defendant may establish an affirmative defense under this
subdivision by a preponderance of the evidence.
(j) Any person convicted of an offense under subsection
(f), (g), or (h) of this section following a previous conviction
under this section shall be subject to a fine, or imprisonment,
or both, not exceeding twice the amount of the fine, or twice the
term of imprisonment provided in the subsection under which the
second or subsequent conviction occurs. (1989 (Reg. Sess., 1990),
c. 1045, s. 9; 1993, c. 539, ss. 1303-1305; 1994, Ex. Sess., c.
24, s. 14(c); 1997-357, s. 3; 1997-443, s. 11A.67.)
§ 130A-26.2. Penalty for false reporting under
Article 9.
Any person who knowingly makes any false statement,
representation, or certification in any application, record,
report, plan, or other document filed or required to be
maintained under Article 9 of this Chapter or rules adopted under
Article 9 of this Chapter; or who knowingly makes a false
statement of a material fact in a rule-making proceeding or
contested case under Article 9 of this Chapter; or who falsifies,
tampers with, or knowingly renders inaccurate any recording or
monitoring device or method required to be operated or maintained
under Article 9 of this Chapter or rules adopted under Article 9
of this Chapter is guilty of a Class 2 misdemeanor. The maximum
fine that may be imposed for an offense under this section is ten
thousand dollars ($10,000). (1993 (Reg. Sess., 1994), c. 598, s.
3.)
§ 130A-26A. Violations of Article 4.
(a) A person who commits any of the following acts shall be
guilty of a Class 1 misdemeanor:
(1) Willfully and knowingly makes any false
statement in a certificate, record, or report required by Article
4 of this Chapter;
(2) Removes or permits the removal of a dead body
of a human being without authorization provided in Article 4 of
this Chapter;
(3) Refuses or fails to furnish correctly any
information in the person's possession or furnishes false
information affecting a certificate or record required by Article
4 of this Chapter;
(4) Fails, neglects, or refuses to perform any act
or duty required by Article 4 of this Chapter or by the
instructions of the State Registrar prepared under authority of
the Article.
(5) Charges a fee for performing any act or duty
required by Article 4 of this Chapter or by the State Registrar
pursuant to Article 4 of this Chapter, other than fees
specifically authorized by law.
(b) A person who commits any of the following acts shall be
guilty of a Class I felony:
(1) Willfully and knowingly makes any false
statement in an application for a certified copy of a vital
record, or who willfully and knowingly supplies false information
intending that the information be used in the obtaining of any
copy of a vital record;
(2) Without lawful authority and with the intent to
deceive makes, counterfeits, alters, amends, or mutilates a
certificate, record, or report required by Article 4 of this
Chapter or a certified copy of the certificate, record, or
report;
(3) Willfully and knowingly obtains, possesses,
sells, furnishes, uses, or attempts to use for any purpose of
deception, a certificate, record, or report required by Article 4
of this Chapter or a certified copy of the certificate, record,
or report, which is counterfeited, altered, amended, or
mutilated, or which is false in whole or in part or which relates
to the birth of another person, whether living or deceased;
(4) When employed by the Vital Records Section of
the Department or designated under Article 4 of this Chapter,
willfully and knowingly furnishes or processes a certificate of
birth, death, marriage, or divorce, or certified copy of a
certificate of birth, death, marriage, or divorce with the
knowledge or intention that it be used for the purposes of
deception;
(5) Without lawful authority possesses a
certificate, record, or report required by Article 4 of this
Chapter or a certified copy of the certificate, record, or report
knowing that it was stolen or otherwise unlawfully obtained;
(6) Willfully alters, except as provided by G.S.
130A-118, or falsifies a certificate or record required by
Article 4 of this Chapter; or willfully alters, falsifies, or
changes a photocopy, certified copy, extract copy, or any
document containing information obtained from an original or copy
of a certificate or record required by Article 4 of this Chapter;
or willfully makes, creates, or uses any altered, falsified or
changed record, reproduction, copy or document for the purpose of
attempting to prove or establish for any purpose whatsoever any
matter purported to be shown on it;
(7) Without lawful authority, manufactures or
possesses the seal of: (i) the Vital Records Section, (ii) a
county register of deeds, or (iii) a county health department, or
without lawful authority, manufactures or possesses a
reproduction or a counterfeit copy of the seal;
(8) Without lawful authority prepares or issues any
certificate which purports to be an official certified copy of a
vital record;
(9) Without lawful authority, manufactures or
possesses Vital Records Section, county register of deeds, or
county health department vital records forms or safety paper used
to certify births, deaths, marriages, and divorces, or
reproductions or counterfeit copies of the forms or safety paper;
or
(10) Willfully and knowingly furnishes a
certificate of birth or certified copy of a record of birth with
the intention that it be used by an unauthorized person or for an
unauthorized purpose. (1995, c. 311, s. 2.)
§ 130A-27. Recovery of money.
The Secretary or the Secretary of Environment and Natural
Resources may institute an action in the county where the action
arose or the county where the defendant resides to recover any
money, other property or interest in property or the monetary
value of goods or services provided or paid for by the Department
or the Secretary of Environment and Natural Resources which are
wrongfully paid or transferred to a person under a program
administered by the Department or the Secretary of Environment
and Natural Resources pursuant to this Chapter. (1983, c. 891, s.
2; 1997-443, s. 11A.68.)
§130A-28. Forfeiture of gain.
In the case of a violation of this Chapter or the rules
adopted by the Commission, money or other property or interest in
property so acquired shall be forfeited to the State unless
ownership by an innocent person may be established. An action may
be instituted by the Attorney General or a district attorney
pursuant to G.S. 1-532. (1983, c. 891, s. 2.)
§ 130A-29. Commission for Health Services --
creation, powers and duties.
(a) The Commission for Health Services is created with the
authority and duty to adopt rules to protect and promote the
public health.
(b) The Commission is authorized to adopt rules necessary
to implement the public health programs administered by the
Department as provided in this Chapter.
(c) The Commission shall adopt rules:
(1) Repealed by Session Laws 1983 (Regular Session,
1984), c. 1022, s. 5.
(2) Establishing standards for approving sewage-
treatment devices and holding tanks for marine toilets as
provided in G.S. 75A-6(o).
(3) Establishing specifications for sanitary
privies for schools where water-carried sewage facilities are
unavailable as provided in G.S. 115C-522.
(4) Establishing requirements for the sanitation of
local confinement facilities as provided in Part 2 of Article 10
of Chapter 153A of the General Statutes.
(5) Repealed by Session Laws 1989 (Regular Session,
1990), c. 1075, s. 1.
(5a) Establishing eligibility standards for
participation in Department reimbursement programs.
(6) Requiring proper treatment and disposal of
sewage and other waste from chemical and portable toilets.
(7) Establishing statewide health outcome
objectives and delivery standards.
(8) Establishing permit requirements for the
sanitation of premises, utensils, equipment, and procedures to be
used by a person engaged in tattooing, as provided in Part 11 of
Article 8 of this Chapter.
(d) The Commission is authorized to create:
(1) Metropolitan water districts as provided in
G.S. 162A-33;
(2) Sanitary districts as provided in Part 2 of
Article 2 of this Chapter; and
(3) Mosquito control districts as provided in Part
2 of Article 12 of this Chapter.
(e) Rules adopted by the Commission shall be enforced by
the Department. (1973, c. 476, s. 123; 1975, c. 19, s. 57, c.
694, s. 6; 1979, c. 41, s. 1; 1981, c. 614, s. 9; 1983, c. 891,
s. 15; 1983 (Reg. Sess., 1984), c. 1022, s. 5; 1989, c. 727, ss.
175, 176; 1989 (Reg. Sess., 1990), c. 1004, s. 50; c. 1075, s. 1;
1991, c. 548, s. 2; 1993, c. 321, s. 274; 1993 (Reg. Sess.,
1994), c. 670, s. 3.)
§ 130A-30. Commission for Health Services --
Members; selection; quorum; compensation.
(a) The Commission for Health Services shall consist of 13
members, four of whom shall be elected by the North Carolina
Medical Society and nine of whom shall be appointed by the
Governor.
(b) One of the members appointed by the Governor shall be a
licensed pharmacist, one a registered engineer experienced in
sanitary engineering or a soil scientist, one a licensed
veterinarian, one a licensed optometrist, one a licensed dentist,
and one a registered nurse. The initial members of the Commission
shall be the members of the State Board of Health who shall serve
for a period equal to the remainder of their current terms on the
State Board of Health, three of whose appointments expire May 1,
1973, and two of whose appointments expire May 1, 1975. At the
end of the respective terms of office of initial members of the
Commission, their successors shall be appointed for terms of four
years and until their successors are appointed and qualify. Any
appointment to fill a vacancy on the Commission created by the
resignation, dismissal, death, or disability of a member shall be
for the balance of the unexpired term.
(c) The North Carolina Medical Society shall have the right
to remove any member elected by it for misfeasance, malfeasance,
or nonfeasance, and the Governor shall have the right to remove
any member appointed by him for misfeasance, malfeasance, or
nonfeasance in accordance with the provisions of G.S. 143B-13.
Vacancies on said Commission among the membership elected by the
North Carolina Medical Society shall be filled by the executive
committee of the Medical Society until the next meeting of the
Medical Society, when the Medical Society shall fill the vacancy
for the unexpired term. Vacancies on said Commission among the
membership appointed by the Governor shall be filled by the
Governor for the unexpired term.
(d) A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(e) The members of the Commission shall receive per diem
and necessary traveling and subsistence expenses in accordance
with the provisions of G.S. 138-5. (1973, c. 476, s. 124; c.
1367, ss. 1, 2; 1981, c. 553; 1989, c. 727, ss. 175, 177; 1989
(Reg. Sess., 1990), c. 1004, s. 51; 1995, c. 507, s. 26.8(d).)
§ 130A-31. Commission for Health Services --
officers.
The Commission for Health Services shall have a chairman and
a vice-chairman. The chairman shall be designated by the Governor
from among the members of the Commission to serve as chairman at
his pleasure. The vice-chairman shall be elected by and from the
members of the Commission and shall serve for a term of two years
or until the expiration of his regularly appointed term. (1973,
c. 476, s. 125; 1989, c. 727, s. 175.)
§ 130A-32. Commission for Health Services -- election
meetings.
The meeting of the Commission for Health Services for the
election of vice-chairman shall be at the first regular meeting
after the joint session of the Commission for Health Services and
the North Carolina Medical Society at the annual meeting of the
North Carolina Medical Society each odd-numbered year. (1973, c.
476, s. 126; 1989, c. 727, s. 175.)
§ 130A-33. Commission for Health Services --
regular and special meetings.
Each year there shall be four regular meetings of the
Commission for Health Services, one of which shall be held
conjointly with a general session of the annual meeting of the
North Carolina Medical Society. The State Health Director shall
submit an annual report on public health at this meeting. The
other three meetings shall be at such times and places as the
chairman of the Commission shall designate. Special meetings of
the Commission may be called by the chairman, or by a majority of
the members of the Commission. (1973, c. 476, s. 127; 1989, c.
727, ss. 175, 178; 1993, c. 513, s. 6.)
ARTICLE 1B.
Commissions and Councils.
Part 1. Commission of Anatomy.
§ 130A-33.30. Commission of Anatomy --
Creation; powers and duties.
There is created the Commission of Anatomy in the Department
with the power and duty to adopt rules for the distribution of
dead human bodies and parts thereof for the purpose of promoting
the study of anatomy in the State of North Carolina. The
Commission is authorized to receive dead bodies pursuant to G.S.
130A-415 and to be a donee of a body or parts thereof pursuant to
Part 3, Article 16 of Chapter 130A of the General Statutes known
as the Uniform Anatomical Gift Act and to distribute such bodies
or parts thereof pursuant to the rules adopted by the Commission.
(1975, c. 694, s. 2; 1989, c. 727, ss. 182(a), 183; 1989 (Reg.
Sess., 1990), c. 1024, s. 29; 1997-443, s. 11A.69.)
§ 130A-33.31. Commission of Anatomy -- Members;
selection; term; chairman; quorum; meetings.
(a) The Commission of Anatomy shall consist of five
members, one representative from the field of mortuary science,
and one each from The University of North Carolina School of
Medicine, East Carolina University School of Medicine, Duke
University School of Medicine, and Bowman Gray School of
Medicine. The dean of each school shall make recommendations and
the Secretary shall appoint from such recommendations a member to
the Commission. The president of the State Board of Mortuary
Science shall appoint the representative from the field of
mortuary science to the Commission. The members shall serve terms
of four years except two of the original members shall serve a
term of one year, one shall serve a term of two years, one shall
serve a term of three years, and one shall serve a term of four
years. The Secretary shall determine the terms of the original
members.
(b) Any appointment to fill a vacancy on the Commission
created by the resignation, dismissal, death, or disability of a
member shall be for the balance of the unexpired term.
(c) The Secretary shall remove any member of the Commission
from office for misfeasance, malfeasance or nonfeasance.
(d) The Commission shall elect a chair annually from its
own membership.
(e) A majority of the Commission shall constitute a quorum
for the transaction of business.
(f) The Commission shall meet at any time and place within
the State at the call of the chair or upon the written request of
three members.
(g) All clerical and other services required by the
Commission shall be supplied by the Secretary. (1975, c. 694, s.
2; 1989, c. 727, ss. 182(a), 184; 1995, c. 123, s. 5; 1997-443,
s. 11A.70.)
§ 130A-33.32. Commission of Anatomy -- reference to
former Board of Anatomy in testamentary disposition.
A testamentary disposition of a body or part thereof to the
former Board of Anatomy shall be deemed in all respects to be a
disposition to the Commission of Anatomy. (1975, c. 694, s. 2;
1989, c. 727, ss. 182(a), 185.)
Part 2. Governor's Council on Physical Fitness and Health.
§ 130A-33.40. Governor's Council on Physical
Fitness and Health -- Creation; powers; duties.
There is hereby created the Governor's Council on Physical
Fitness and Health in the Department. The Council shall have the
following functions and duties:
(1) To promote interest in the area of physical
fitness; to consider the need for new State programs in the field
of physical fitness; to enlist the active support of individual
citizens, professional and civic groups, amateur and professional
athletes, voluntary organizations, State and local government
agencies, private industry and business, and community recreation
programs in efforts to improve the physical fitness and the
health of the citizens of North Carolina;
(2) To examine current programs of physical fitness
available to the people of North Carolina, and to make
recommendations to the Governor for coordination of programs to
prevent duplication of such services; to support programs of
physical fitness in the public school systems; to develop
cooperative programs with medical, dental, and other groups; to
maintain a liaison with government, private and other agencies
concerning physical fitness programs; to stimulate research in
the area of physical fitness; to sponsor physical fitness
workshops, clinics, conferences, and other related activities
pertaining to physical fitness throughout the State;
(3) To serve as an agency for recognizing
outstanding developments, contributions, and achievements in
physical fitness in North Carolina;
(3a) To serve as the North Carolina sanctioning
body for the State Games and for other competitive athletic
events for which sanctioning by the State is required; and
(4) To make an annual report to the Governor and to
the Secretary, including suggestions and recommendations for the
furtherance of the physical fitness of the people of North
Carolina. (1979, c. 634; 1989, c. 727, ss. 186, 187; 1991, c. 96,
s. 1; 1997-443, s. 11A.71.)
§ 130A-33.41. The Governor's Council on
Physical Fitness and Health -- Members; selection; quorum;
compensation.
The Governor's Council on Physical Fitness in the Department
shall consist of 10 members, including a chair.
(1) The composition of the Council shall be as
follows: one member of the Senate appointed by the President Pro
Tempore of the Senate, and one member of the House of
Representatives appointed by the Speaker of the House of
Representatives, and eight persons from the health care
professions, the fields of business and industry, physical
education, recreation, sports and the general public. The eight
nonlegislative members of the Council shall be appointed by the
Governor to serve at the Governor's pleasure.
(2) The eight initial nonlegislative members of the
Council shall be appointed as follows: two for a term of one
year, two for a term of two years, two for a term of three years,
two for a term of four years. At the end of the respective terms
of office of these initial members, all succeeding appointments
of nonlegislative members shall be for terms of four years;
nonlegislative members shall serve no more than two consecutive
four-year terms; all unexpired terms due to resignation, death,
disability, removal or refusal to serve shall be filled by a
qualified person appointed by the Governor for the balance of the
unexpired term.
(3) Legislative members of the Council shall serve
two-year terms beginning and ending on July 1 of odd-numbered
years, and shall serve no more than two consecutive terms.
(4) Members of the Governor's Council shall receive
per diem and necessary travel and subsistence expenses in
accordance with G.S. 138-5 or 138-6, or travel and subsistence
expenses under G.S. 120-3.1, as appropriate.
(5) The Council shall meet no more than quarterly.
(6) A majority of the Governor's Council shall
constitute a quorum for the transaction of business. (1979, c.
634; 1989, c. 727, ss. 186, 188; 1991, c. 739, s. 20; 1997-443,
s. 11A.72.)
Part 3. Minority Health Advisory Council.
§ 130A-33.43. Minority Health Advisory
Council.
There is established the Minority Health Advisory Council in
the Department. The Council shall have the following duties and
responsibilities:
(1) To make recommendations to the Governor and the
Secretary aimed at improving the health status of North
Carolina's minority populations;
(2) To identify and examine the limitations and
problems associated with existing laws, regulations, programs and
services related to the health status of North Carolina's
minority populations;
(3) To examine the financing and access to health
services for North Carolina's minority populations;
(4) To identify and review health promotion and
disease prevention strategies relating to the leading causes of
death and disability among minority populations; and
(5) To advise the Governor and the Secretary upon
any matter which the Governor or Secretary may refer to it. (1991
(Reg. Sess., 1992), c. 900, s. 166; 1997-443, s. 11A.73.)
§ 130A-33.44. Minority Health Advisory Council
-- members; selection; quorum; compensation.
(a) The Minority Health Advisory Council in the Department
shall consist of 15 members to be appointed as follows:
(1) Five members shall be appointed by the
Governor. Members appointed by the Governor shall be
representatives of the following: health care providers, public
health, health related public and private agencies and
organizations, community-based organizations, and human services
agencies and organizations.
(2) Five members shall be appointed by the Speaker
of the House of Representatives, two of whom shall be members of
the House of Representatives, and at least one of whom shall be a
public member. The remainder of the Speaker's appointees shall be
representative of any of the entities named in subdivision (1) of
this subsection.
(3) Five members shall be appointed by the
President Pro Tempore of the Senate, two of whom shall be members
of the Senate, and at least one of whom shall be a public member.
The remainder of the President Pro Tempore's appointees shall be
representative of any of the entities named in subdivision (1) of
this subsection.
(4) Of the members appointed by the Governor, two
shall serve initial terms of one year, two shall serve initial
terms of two years, and one shall serve an initial term of three
years. Thereafter, the Governor's appointees shall serve terms of
four years.
(5) Of the nonlegislative members appointed by the
Speaker of the House of Representatives, two shall serve initial
terms of two years, and one shall serve an initial term of three
years. Thereafter, nonlegislative members appointed by the
Speaker of the House of Representatives shall serve terms of four
years. Of the nonlegislative members appointed by the President
Pro Tempore of the Senate, two shall serve initial terms of two
years, and one shall serve an initial term of three years.
Thereafter, nonlegislative members appointed by the President Pro
Tempore of the Senate shall serve terms of four years.
Legislative members of the Council shall serve two-year terms.
(b) The Chairperson of the Council shall be elected by the
Council from among its membership.
(c) The majority of the Council shall constitute a quorum
for the transaction of business.
(d) Members of the Council shall receive per diem and
necessary travel and subsistence expenses in accordance with the
provisions of G.S. 138-5 or G.S. 138-6, or travel and subsistence
expenses in accordance with the provisions of G.S. 120-3.1, as
applicable.
(e) All clerical support and other services required by the
Council shall be provided by the Department. (1991 (Reg. Sess.,
1992), c. 900, s. 166; 1997-443, s. 11A.74.)
Part 4. Advisory Committee on Cancer Coordination and Control.
§ 130A-33.50. Advisory Committee on Cancer Coordination
and Control established; membership, compensation.
(a) The Advisory Committee on Cancer Coordination and
Control is established in the Department.
(b) The Committee shall have up to 34 members, including
the Secretary of the Department or the Secretary's designee. The
members of the Committee shall elect a chair and vice-chair from
among the Committee membership. The Committee shall meet at the
call of the chair. Six of the members shall be legislators, three
of whom shall be appointed by the Speaker of the House of
Representatives, and three of whom shall be appointed by the
President Pro Tempore of the Senate. Four of the members shall be
cancer survivors, two of whom shall be appointed by the Speaker
of the House of Representatives, and two of whom shall be
appointed by the President Pro Tempore of the Senate. The
remainder of the members shall be appointed by the Governor as
follows:
(1) One member from the Department of Environment
and Natural Resources;
(2) Three members, one from each of the following:
the Department, the Department of Public Instruction, and the
North Carolina Community College System;
(3) Four members representing the cancer control
programs at North Carolina medical schools, one from each of the
following: the University of North Carolina at Chapel Hill School
of Medicine, the Bowman Gray School of Medicine, the Duke
University School of Medicine, and the East Carolina University
School of Medicine;
(4) One member who is an oncology nurse
representing the North Carolina Nurses Association;
(5) One member representing the Cancer Committee of
the North Carolina Medical Society;
(6) One member representing the Old North State
Medical Society;
(7) One member representing the American Cancer
Society, North Carolina Division, Inc.;
(8) One member representing the North Carolina
Hospital Association;
(9) One member representing the North Carolina
Association of Local Health Directors;
(10) One member who is a primary care physician
licensed to practice medicine in North Carolina;
(11) One member representing the American College
of Surgeons;
(12) One member representing the North Carolina
Oncology Society;
(13) One member representing the Association of
North Carolina Cancer Registrars;
(14) One member representing the Medical Directors
of the North Carolina Association of Health Plans; and
(15) Up to four additional members at large.
Except for the Secretary, the members shall be appointed for
staggered four-year terms and until their successors are
appointed and qualify. The Governor may remove any member of the
Committee from office in accordance with the provisions of G.S.
143B-13. Members may succeed themselves for one term and may be
appointed again after being off the Committee for one term.
(c) The Speaker of the House of Representatives, the
President Pro Tempore of the Senate, and the Governor shall make
their appointments to the Committee not later than 30 days after
the adjournment of the 1993 Regular Session of the General
Assembly. A vacancy on the Committee shall be filled by the
original appointing authority, using the criteria set out in this
section for the original appointment.
(d) To the extent that funds are made available, members of
the Committee shall receive per diem and necessary travel and
subsistence expenses in accordance with G.S. 138-5.
(e) A majority of the Committee shall constitute a quorum
for the transaction of its business.
(f) The Committee may use funds allocated to it to employ
an administrative staff person to assist the Committee in
carrying out its duties. The Secretary shall provide clerical and
other support staff services needed by the Committee. (1993, c.
321, s. 288; 1997-443, s. 11A.75; 1998-212, s. 12.48(a).)
§ 130A-33.51. Advisory Committee on Cancer Coordination and
Control; responsibilities.
(a) The Advisory Committee on Cancer Coordination and
Control has the following responsibilities:
(1) To recommend to the Secretary a plan for the
statewide implementation of an interagency comprehensive
coordinated cancer control program;
(2) To identify and examine the limitations and
problems associated with existing laws, regulations, programs,
and services related to cancer control;
(3) To examine the financing and access to cancer
control services for North Carolina's citizens, and advise the
Secretary on a coordinated and efficient use of resources;
(4) To identify and review health promotion and
disease prevention strategies relating to the leading causes of
cancer mortality and morbidity;
(5) To recommend standards for:
a. Oversight and development of cancer control
services;
b. Development and maintenance of interagency
training and technical assistance in the provision of cancer
control services;
c. Program monitoring and data collection;
d. Statewide evaluation of locally based
cancer control programs;
e. Coordination of funding sources for cancer
control programs; and
f. Procedures for awarding grants to local
agencies providing cancer control services.
(b) The Committee shall submit a written report not later
than May 1, 1994, and not later than October 1 of each subsequent
year, to the Governor and to the Joint Legislative Commission on
Governmental Operations. The report shall address the progress
in implementation of a cancer control program. The report shall
include an accounting of funds expended and anticipated funding
needs for full implementation of recommended programs. (1993, c.
321, s. 288.)
ARTICLE 2.
Local Administration.
Part 1. Local Health Departments.
§ 130A-34. Provision of local public health
services.
(a) A county shall provide public health services.
(b) A county shall operate a county health department,
establish a consolidated human services agency pursuant to G.S.
153A-77, participate in a district health department, or contract
with the State for the provision of public health services.
(1901, c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S., s.
7604; 1931, c. 149; 1941, c. 185; 1945, c. 99; c. 1030, s. 2;
1947, c. 474, s. 3; 1951, c. 92; 1957, c. 1357, s. 1; 1963, c.
359; 1967, c. 1224, s. 1; 1969, c. 719, s. 1; 1971, c. 175, s. 1;
1973, c. 137, s. 1; c. 1151; 1975, c. 272; 1979, c. 621; 1983, c.
891, s. 2; 1995 (Reg. Sess., 1996), c. 690, s. 13.)
§ 130A-35. County board of health; appointment;
terms.
(a) A county board of health shall be the policy-making,
rule-making and adjudicatory body for a county health department.
(b) The members of a county board of health shall be
appointed by the county board of commissioners. The board shall
be composed of 11 members. The composition of the board shall
reasonably reflect the population makeup of the county and shall
include: one physician licensed to practice medicine in this
State, one licensed dentist, one licensed optometrist, one
licensed veterinarian, one registered nurse, one licensed
pharmacist, one county commissioner, one professional engineer,
and three representatives of the general public. All members
shall be residents of the county. If there is not a licensed
physician, a licensed dentist, a licensed optometrist, a licensed
veterinarian, a registered nurse, a licensed pharmacist, or a
professional engineer available for appointment, an additional
representative of the general public shall be appointed. If
however, one of the designated professions has only one person
residing in the county, the county commissioners shall have the
option of appointing that person or a member of the general
public.
(c) Except as provided in this subsection, members of a
county board of health shall serve three-year terms. No member
may serve more than three consecutive three-year terms unless the
member is the only person residing in the county who represents
one of the professions designated in subsection (b) of this
section. The county commissioner member shall serve only as long
as the member is a county commissioner. When a representative of
the general public is appointed due to the unavailability of a
licensed physician, a licensed dentist, a licensed optometrist, a
licensed veterinarian, a registered nurse, a licensed pharmacist,
or a professional engineer, that member shall serve only until a
licensed physician, a licensed dentist, a licensed optometrist, a
licensed veterinarian, a registered nurse, a licensed pharmacist,
or a professional engineer becomes available for appointment. In
order to establish a uniform staggered term structure for the
board, a member may be appointed for less than a three-year term.
(d) Vacancies shall be filled for any unexpired portion of
a term.
(e) A chairperson shall be elected annually by a county
board of health. The local health director shall serve as
secretary to the board.
(f) A majority of the members shall constitute a quorum.
(g) A member may be removed from office by the county board
of commissioners for:
(1) Commission of a felony or other crime involving
moral turpitude;
(2) Violation of a State law governing conflict of
interest;
(3) Violation of a written policy adopted by the
county board of commissioners;
(4) Habitual failure to attend meetings;
(5) Conduct that tends to bring the office into
disrepute; or
(6) Failure to maintain qualifications for
appointment required under subsection (b) of this section.
A board member may be removed only after the member has been
given written notice of the basis for removal and has had the
opportunity to respond.
(h) A member may receive a per diem in an amount
established by the county board of commissioners. Reimbursement
for subsistence and travel shall be in accordance with a policy
set by the county board of commissioners.
(i) The board shall meet at least quarterly. The
chairperson or three of the members may call a special meeting.
(1901, c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S., s.
7604; 1931, c. 149; 1941, c. 185; 1945, c. 99; c. 1030, s. 2;
1947, c. 474, s. 3; 1951, c. 92; 1957, c. 1357, s. 1; 1963, c.
359; 1967, c. 1224, s. 1; 1969, c. 719, s. 1; 1971, c. 175, s. 1;
c. 940, s. 1; 1973, c. 137, s. 1; c. 1151; 1975, c. 272; 1979, c.
621; 1981, c. 104; 1983, c. 891, s. 2; 1985, c. 418, s. 1; 1987,
c. 84, s. 1; 1989, c. 764, s. 2; 1995, c. 264, s. 1.)
§130A-36. Creation of district health department.
(a) A district health department including more than one
county may be formed in lieu of county health departments upon
agreement of the county boards of commissioners and local boards
of health having jurisdiction over each of the counties involved.
A county may join a district health department upon agreement of
the boards of commissioners and local boards of health having
jurisdiction over each of the counties involved. A district
health department shall be a public authority as defined in G.S.
159-7(b)(10).
(b) Upon creation of or addition to a district health
department, the existing rules of the former board or boards of
health shall continue in effect until amended or repealed by the
district board of health. (1957, c. 1357, s. 1; 1969, c. 719, s.
2; 1971, c. 175, s. 2; 1973, c. 143, ss. 1-4; c. 476, s. 128;
1975, c. 396, s. 1; 1981, c. 238; c. 408; 1983, c. 891, s. 2.)
§ 130A-37. District board of health.
(a) A district board of health shall be the policy-making,
rule-making and adjudicatory body for a district health
department and shall be composed of 15 members; provided, a
district board of health may be increased up to a maximum number
of 18 members by agreement of the boards of county commissioners
in all counties that comprise the district. The agreement shall
be evidenced by concurrent resolutions adopted by the affected
boards of county commissioners.
(b) The county board of commissioners of each county in the
district shall appoint one county commissioner to the district
board of health. The county commissioner members of the district
board of health shall appoint the other members of the board,
including at least one physician licensed to practice medicine in
this State, one licensed dentist, one licensed optometrist, one
licensed veterinarian, one registered nurse, one licensed
pharmacist, and one professional engineer. The composition of the
board shall reasonably reflect the population makeup of the
entire district and provide equitable district-wide
representation. All members shall be residents of the district.
If there is not a licensed physician, a licensed dentist, a
licensed optometrist, a licensed veterinarian, a registered
nurse, a licensed pharmacist, or a professional engineer
available for appointment, an additional representative of the
general public shall be appointed. If however, one of the
designated professions has only one person residing in the
district, the county commissioner members shall have the option
of appointing that person or a member of the general public.
(c) Except as provided in this subsection, members of a
district board of health shall serve terms of three years. Two of
the original members shall serve terms of one year and two of the
original members shall serve terms of two years. No member shall
serve more than three consecutive three-year terms unless the
member is the only person residing in the district who represents
one of the professions designated in subsection (b) of this
section. County commissioner members shall serve only as long as
the member is a county commissioner. When a representative of the
general public is appointed due to the unavailability of a
licensed physician, a licensed dentist, a licensed optometrist, a
licensed veterinarian, a registered nurse, a licensed pharmacist,
or a professional engineer that member shall serve only until a
licensed physician, a licensed dentist, a licensed optometrist, a
licensed veterinarian, a registered nurse, a licensed pharmacist,
or a professional engineer becomes available for appointment. The
county commissioner members may appoint a member for less than a
three-year term to achieve a staggered term structure.
(d) Whenever a county shall join or withdraw from an
existing district health department, the district board of health
shall be dissolved and a new board shall be appointed as provided
in subsection (c).
(e) Vacancies shall be filled for any unexpired portion of
a term.
(f) A chairperson shall be elected annually by a district
board of health. The local health director shall serve as
secretary to the board.
(g) A majority of the members shall constitute a quorum.
(h) A member may be removed from office by the district
board of health for:
(1) Commission of a felony or other crime involving
moral turpitude;
(2) Violation of a State law governing conflict of
interest;
(3) Violation of a written policy adopted by the
county board of commissioners of each county in the district;
(4) Habitual failure to attend meetings;
(5) Conduct that tends to bring the office into
disrepute; or
(6) Failure to maintain qualifications for
appointment required under subsection (b) of this section.
A board member may be removed only after the member has been
given written notice of the basis for removal and has had the
opportunity to respond.
(i) A member may receive a per diem in an amount
established by the county commissioner members of the district
board of health. Reimbursement for subsistence and travel shall
be in accordance with a policy set by the county commissioner
members of the district board of health.
(j) The board shall meet at least quarterly. The
chairperson or three of the members may call a special meeting.
(k) A district board of health is authorized to provide
liability insurance for the members of the board and the
employees of the district health department. A district board of
health is also authorized to contract for the services of an
attorney to represent the board, the district health department
and its employees, as appropriate. The purchase of liability
insurance pursuant to this subsection waives both the district
board of health's and the district health department's
governmental immunity, to the extent of insurance coverage, for
any act or omission occurring in the exercise of a governmental
function. By entering into a liability insurance contract with
the district board of health, an insurer waives any defense based
upon the governmental immunity of the district board of health or
the district health department. (1957, c. 1357, s. 1; 1969, c.
719, s. 2; 1971, c. 175, s. 2; c. 940, s. 1; 1973, c. 143, ss. 1-
4; c. 476, s. 128; 1975, c. 396, s. 1; 1981, cc. 104, 238, 408;
1983, c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 1077; 1985, c.
418, s. 2; 1987, c. 84, s. 2; 1989, c. 764, s. 3; 1995, c. 264,
s. 2.)
§130A-38. Dissolution of a district health department.
(a) Whenever the board of commissioners of each county
constituting a district health department determines that the
district health department is not operating in the best health
interests of the respective counties, they may direct that the
district health department be dissolved. In addition, whenever a
board of commissioners of a county which is a member of a
district health department determines that the district health
department is not operating in the best health interests of that
county, it may withdraw from the district health department.
Dissolution of a district health department or withdrawal from
the district health department by a county shall be effective
only at the end of the fiscal year in which the action of
dissolution or withdrawal transpired.
(b) Notwithstanding the provisions of subsection (a), no
district health department shall be dissolved without prior
written notification to the Department.
(c) Any budgetary surplus available to a district health
department at the time of its dissolution shall be distributed to
those counties comprising the district on the same pro rata basis
that the counties appropriated and contributed funds to the
district health department budget during the current fiscal year.
Distribution to the counties shall be determined on the basis of
an audit of the financial record of the district health
department. The district board of health shall select a certified
public accountant or an accountant who is subsequently certified
by the Local Government Commission to conduct the audit. The
audit shall be performed in accordance with G.S. 159- 34. The
same method of distribution of funds described above shall apply
when one or more counties of a district health department
withdraw from a district.
(d) Upon dissolution or withdrawal, all rules adopted by a
district board of health shall continue in effect until amended
or repealed by the new board or boards of health. (1971, c. 858;
1975, c. 396, s. 2; c. 403; 1983, c. 891, s. 2.)
§ 130A-39. Powers and duties of a local board
of health.
(a) A local board of health shall have the responsibility
to protect and promote the public health. The board shall have
the authority to adopt rules necessary for that purpose.
(b) A local board of health may adopt a more stringent rule
in an area regulated by the Commission for Health Services or the
Environmental Management Commission where, in the opinion of the
local board of health, a more stringent rule is required to
protect the public health; otherwise, the rules of the Commission
for Health Services or the rules of the Environmental Management
Commission shall prevail over local board of health rules.
However, a local board of health may not adopt a rule concerning
the grading, operating, and permitting of food and lodging
facilities as listed in Part 6 of Article 8 of this Chapter and
as defined in G.S. 130A-247(1), and a local board of health may
adopt rules concerning wastewater collection, treatment and
disposal systems which are not designed to discharge effluent to
the land surface or surface waters only in accordance with G.S.
130A-335(c).
(c) The rules of a local board of health shall apply to all
municipalities within the local board's jurisdiction.
(d) Not less than 10 days before the adoption, amendment or
repeal of any local board of health rule, the proposed rule shall
be made available at the office of each county clerk within the
board's jurisdiction, and a notice shall be published in a
newspaper having general circulation within the area of the
board's jurisdiction. The notice shall contain a statement of the
substance of the proposed rule or a description of the subjects
and issues involved, the proposed effective date of the rule and
a statement that copies of the proposed rule are available at the
local health department. A local board of health rule shall
become effective upon adoption unless a later effective date is
specified in the rule.
(e) Copies of all rules shall be filed with the secretary
of the local board of health.
(f) A local board of health may, in its rules, adopt by
reference any code, standard, rule or regulation which has been
adopted by any agency of this State, another state, any agency of
the United States or by a generally recognized association.
Copies of any material adopted by reference shall be filed with
the rules.
(g) A local board of health may impose a fee for services
to be rendered by a local health department, except where the
imposition of a fee is prohibited by statute or where an employee
of the local health department is performing the services as an
agent of the State. Notwithstanding any other provisions of law,
a local board of health may impose cost-related fees for services
performed pursuant to Article 11 of this Chapter, "Wastewater
Systems," for services performed pursuant to Part 10, Article 8
of this Chapter, "Public Swimming Pools", and for services
performed pursuant to Part 11, Article 8 of this Chapter,
"Tattooing". Fees shall be based upon a plan recommended by the
local health director and approved by the local board of health
and the appropriate county board or boards of commissioners. The
fees collected under the authority of this subsection are to be
deposited to the account of the local health department so that
they may be expended for public health purposes in accordance
with the provisions of the Local Government Budget and Fiscal
Control Act. (1901, c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s.
9; C.S., s. 7065; 1957, c. 1357, s. 1; 1959, c. 1024, s. 1; 1963,
c. 1087; 1973, c. 476, s. 128; c. 508; 1977, c. 857, s. 2; 1981,
c. 130, s. 2; c. 281; c. 949, s. 4; 1983, c. 891, s. 2; 1985, c.
175, s. 1; 1989, c. 577, s. 2; 1991 (Reg. Sess., 1992), c. 944,
s. 10; 1993 (Reg. Sess., 1994), c. 670, s. 2; 1995, c. 507, s.
26.8(c).)
§ 130A-40. Appointment of local health
director.
(a) A local board of health, after consulting with the
appropriate county board or boards of commissioners, shall
appoint a local health director. All persons who are appointed
to the position of local health director on or after January 1,
1992, must possess minimum education and experience requirements
for that position, as follows:
(1) A medical doctorate; or
(2) A masters degree in Public Health
Administration, and at least one year of employment experience in
health programs or health services; or
(3) A masters degree in a public health discipline
other than public health administration, and at least three years
of employment experience in health programs or health services;
or
(4) A masters degree in public administration, and
at least two years of experience in health programs or health
services; or
(5) A masters degree in a field related to public
health, and at least three years of experience in health programs
or health services; or
(6) A bachelors degree in public health
administration or public administration and at least three years
of experience in health programs or health services.
(b) Before appointing a person to the position of local
health director under subsection (a)(5) of this section, the
local board of health shall forward the application and other
pertinent materials of such candidate to the State Health
Director. If the State Health Director determines that the
candidate's masters degree is in a field not related to public
health, the State Health Director shall so notify the local board
of health in writing within 15 days of the State Health
Director's receipt of the application and materials, and such
candidate shall be deemed not to meet the education requirements
of subsection (a)(5) of this section. If the State Health
Director fails to act upon the application within 15 days of
receipt of the application and materials from the local board of
health, the application shall be deemed approved with respect to
the education requirements of subsection (a)(5) of this section,
and the local board of health may proceed with appointment
process.
(c) The State Health Director shall review requests of
educational institutions to determine whether a particular
masters degree offered by the requesting institution is related
to public health for the purposes of subsection (a)(5) of this
section. The State Health Director shall act upon such requests
within 90 days of receipt of the request and pertinent materials
from the institution, and shall notify the institution of its
determination in writing within the 90-day review period. If the
State Health Director determines that an institution's particular
masters degree is not related to public health, the State Health
Director shall include the reasons therefor in his written
determination to the institution.
(d) When a local board of health fails to appoint a local
health director within 60 days of the creation of a vacancy, the
State Health Director may appoint a local health director to
serve until the local board of health appoints a local health
director in accordance with this section. (1957, c. 1357, s. 1;
1973, c. 152; c. 476, s. 128; 1983, c. 891, s. 2; 1983 (Reg.
Sess., 1984), c. 1034, s. 75; 1991, c. 612.)
§ 130A-41. Powers and duties of local health
director.
(a) A local health director shall be the administrative
head of the local health department, shall perform public health
duties prescribed by and under the supervision of the local board
of health and the Department and shall be employed full time in
the field of public health.
(b) A local health director shall have the following powers
and duties:
(1) To administer programs as directed by the local
board of health;
(2) To enforce the rules of the local board of
health;
(3) To investigate the causes of infectious,
communicable and other diseases;
(4) To exercise quarantine authority and isolation
authority pursuant to G.S. 130A-145;
(5) To disseminate public health information and to
promote the benefits of good health;
(6) To advise local officials concerning public
health matters;
(7) To enforce the immunization requirements of
Part 2 of Article 6 of this Chapter;
(8) To examine and investigate cases of venereal
disease pursuant to Parts 3 and 4 of Article 6 of this Chapter;
(9) To examine and investigate cases of
tuberculosis pursuant to Part 5 of Article 6 of this Chapter;
(10) To examine, investigate and control rabies
pursuant to Part 6 of Article 6 of this Chapter;
(11) To abate public health nuisances and imminent
hazards pursuant to G.S. 130A-19 and G.S. 130A-20;
(12) To employ and dismiss employees of the local
health department in accordance with Chapter 126 of the General
Statutes;
(13) To enter contracts, in accordance with The
Local Government Finance Act, G.S. Chapter 159, on behalf of the
local health department. Nothing in this paragraph shall be
construed to abrogate the authority of the board of county
commissioners.
(c) Authority conferred upon a local health director may be
exercised only within the county or counties comprising the local
health department. (1957, c. 1357, s. 1; 1973, c. 476, s. 128;
1983, c. 891, s. 2; 1985, c. 175, s. 2; 1999-110, s. 1.)
§130A-42. Personnel records of district health
departments.
Employee personnel records of a district health department
shall have the same protections from disclosure as county
employee personnel records under G.S. 153A-98. For the purposes
of this section, the local health director shall perform the
duties assigned to the county manager pursuant to G.S. 153A-98
and the district board of health shall perform the duties
assigned to the county board of commissioners pursuant to G.S.
153A-98. (1983, c. 891, s. 2.)
Part 1A. Consolidated Human Services Agency.
§ 130A-43. Consolidated human services agency;
board; director.
(a) Except as otherwise provided by this section and
subject to any limitations that may be imposed by the board of
county commissioners under G.S. 153A-77, a consolidated human
services agency created pursuant to G.S. 153A-77 shall have the
responsibility to carry out the duties of a local health
department and the authority to administer the local public
health programs established in this Chapter in the same manner as
a local health department.
(b) In addition to the powers conferred by G.S. 153A-77(d),
a consolidated human services board shall have all the powers and
duties of a local board of health as provided by G.S. 130A-39,
except that the consolidated human services board may not:
(1) Appoint the human services director.
(2) Transmit or present the budget for local health
programs.
(c) In addition to the powers conferred by G.S. 153A-77(e),
a human services director shall have all the powers and duties of
a local health director provided by G.S. 130A-41, except that the
human services director may:
(1) Serve as the executive officer of the
consolidated human services agency only to the extent and in the
manner authorized by the county manager.
(2) Appoint staff of the consolidated human
services agency only upon the approval of the county manager.
(1995 (Reg. Sess., 1996), c. 690, s. 14.)
Part 1B. Public Health Authorities Authorized.
§ 130A-45. Title and purpose.
(a) This Part shall be known and may be cited as the
"Public Health Authorities Act".
(b) The purpose of this Part is to provide an alternative
method for counties to provide public health services. This Part
shall not be regarded as repealing any powers now existing under
any other law, either general, special, or local.
(c) It is the policy of the General Assembly that Public
Health Authorities should have adequate authority to exercise the
powers, rights, duties, functions, privileges, and immunities
conferred upon them by law. (1997-502, s. 1.)
§ 130A-45.1. Membership of the public health
authority board.
(a) A public health authority board shall be the policy-
making, rule-making, and adjudicatory body for a public health
authority and shall be composed of no fewer than seven members
and no more than nine members; except that in an authority
comprising two or more counties, the board shall be composed of
no more than 11 members.
(b) In a single county authority, the county board of
commissioners shall appoint the members of the board; in an
authority comprising two or more counties, the chair of the
county board of commissioners of each county in the authority
shall appoint one county commissioner, or the commissioner's
express designee, to the authority board and these members shall
jointly appoint the other members of the board.
(c) The members of the board shall include:
(1) At least one physician licensed under Chapter
90 of the General Statutes to practice medicine in this State,
and at least one dentist licensed under Article 2 of Chapter 90
of the General Statutes to practice dentistry in this State;
(2) At least one county commissioner or the
commissioner's express designee from each county in the
authority;
(3) At least two licensed or registered
professionals from any of the following professions: optometry,
veterinary science, nursing, pharmacy, engineering, or
accounting;
(4) At least one member from the administrative
staff of a hospital serving the authority service area; and
(5) At least one member from the general public.
(d) Except as provided in this subsection, members of the
board shall serve terms of three years. Two of the original
members shall serve terms of one year, and two of the original
members shall serve terms of two years.
(e) Any member who is a county commissioner serves on the
board in an ex officio capacity.
(f) Whenever a county shall join or withdraw from an
existing public health authority, the board shall be dissolved
and a new board shall be appointed as provided in subsection (b)
of this section.
(g) Vacancies shall be filled within 120 days for any
unexpired portion of a term.
(h) A chair shall be elected annually by a board. The
authority director shall serve as secretary to the board.
(i) A majority of the members shall constitute a quorum.
(j) A member may be removed from office by the board for
any of the following:
(1) Commission of a felony or other crime involving
moral turpitude.
(2) Violation of a State law governing conflict of
interest.
(3) Violation of a written policy adopted by the
county board of commissioners of each county in the authority.
(4) Habitual failure to attend meetings.
(5) Conduct that tends to bring the office into
disrepute.
(6) Failure to maintain qualifications for
appointment required under subsection (c) of this section.
A board member may be removed only after the member has been
given written notice of the basis for removal and has had the
opportunity to respond.
(k) Board members shall receive no compensation for their
services, but they shall be entitled to reimbursement for
subsistence and travel expenses incurred in the discharge of
their duties.
(l) The board shall meet at least quarterly. The chair or
three of the members may call a special meeting. (1997-502, s.
1.)
§ 130A-45.2. Dissolution of a public health
authority.
(a) Whenever the board of commissioners of each county
constituting a public health authority determines that the
authority is not operating in the best health interests of the
authority service area, they may direct that the authority be
dissolved. In addition, whenever a board of commissioners of a
county which is a member of an authority determines that the
authority is not operating in the best health interests of that
county, it may withdraw from the authority. Dissolution of an
authority or withdrawal from the authority by a county shall be
effective only at the end of the fiscal year in which the action
of dissolution or withdrawal transpired.
(b) Notwithstanding the provisions of subsection (a) of
this section, no public health authority shall be dissolved
without prior written notification to the Department.
(c) Any budgetary surplus available to a public health
authority at the time of its dissolution shall be distributed to
those counties comprising the authority on the same pro rata
basis that the counties appropriated and contributed funds to the
authority's budget during the current fiscal year. Distribution
to the counties shall be determined on the basis of an audit of
the financial record of the authority. The public health
authority board shall select a certified public accountant or an
accountant who is subsequently certified by the Local Government
Commission to conduct the audit. The audit shall be performed in
accordance with G.S. 159-34. The same method of distribution of
funds described above shall apply when one or more counties of an
authority withdraw from the authority.
(d) Upon dissolution or withdrawal, all rules adopted by
the board continue in effect until amended or repealed by the new
authority board or boards of health. (1997-502, s. 1.)
§ 130A-45.3. Powers and duties of authority
board.
(a) A public health authority shall have all the powers
necessary or convenient to carry out the purposes of this Part,
including the following powers to:
(1) Protect and promote the public health. The
board shall have the authority to adopt rules necessary for that
purpose.
(2) Construct, equip, operate, and maintain public
health facilities.
(3) Use property owned or controlled by the
authority.
(4) Acquire real or personal property, including
existing public health facilities, by purchase, grant, gift,
devise, lease or, with the permission of the county
commissioners, condemnation.
(5) Establish a fee schedule for services received
from public health facilities and make services available
regardless of ability to pay.
(6) Appoint a public health authority director to
serve at the pleasure of the authority board.
(7) Establish a salary plan which shall set the
salaries for employees of the area authority.
(8) To adopt and enforce a professional
reimbursement policy which may include the following provisions:
(i) require that fees for the provision of services received
directly under the supervision of the public health authority
shall be paid to the authority, (ii) prohibit employees of the
public health authority from providing services on a private
basis which require the use of the resources and facilities of
the public health authority, and (iii) provide that employees may
not accept dual compensation and dual employment unless they have
the written permission of the public health authority director.
(9) Delegate to its agents or employees any powers
or duties as it may deem appropriate.
(10) Employ its own counsel and legal staff.
(11) Adopt, amend, and repeal bylaws for the
conduct of its business.
(12) Enter into contracts for necessary supplies,
equipment, or services for the operation of its business.
(13) Act as an agent for the federal, State, or
local government in connection with the acquisition,
construction, operation, or management of a public health
facility, or any part thereof.
(14) Insure the property or the operations of the
authority against risks as the authority may deem advisable.
(15) Sue and be sued.
(16) Accept donations or money, personal property,
or real estate for the benefit of the authority and to take title
to the same from any person, firm, corporation, or society.
(17) Appoint advisory boards, committees, and
councils composed of qualified and interested residents of the
authority service area to study, interpret, and advise the public
health authority board.
(b) A public health authority shall have the power to
establish and operate health care networks and may contract with
or enter into any arrangement with other public health
authorities or local health departments of this or other states,
federal, or other public agencies, or with any person, private
organization, or nonprofit corporation or association for the
provision of public health services, including managed health
care activities; provided, however, that for the purposes of this
subsection only, a public health authority shall be permitted to
and shall comply with the requirements of Article 67 of Chapter
58 of the General Statutes to the extent that such requirements
apply to the activities undertaken by the public health authority
pursuant to this subsection. The public health authority may pay
for or contribute its share of the cost of any such contract or
arrangement from revenues available for these purposes, including
revenues arising from the provision of public health services.
(c) A public health authority may lease any public health
facility, or part, to a nonprofit association on terms and
conditions consistent with the purposes of this Part. The
authority will determine the length of the lease. No lease
executed under this subsection shall be deemed to convey a
freehold interest.
(d) A public health authority shall neither sell nor convey
any rights of ownership the county has in any public health
facility, including the buildings, land, and equipment associated
with the facility, to any corporation or other business entity
operated for profit, except that nothing herein shall prohibit
the sale of surplus buildings, surplus land, or surplus equipment
by an authority to any corporation or other business entity
operated for profit. For purposes of this subsection, "surplus"
means any building, land, or equipment which is not required for
use in the delivery of public health care services by a public
health facility at the time of the sale or conveyance of
ownership rights.
(e) A public health authority may lease any public health
facility, or part, to any corporation, foreign or domestic,
authorized to do business in North Carolina on terms and
conditions consistent with the purposes of this Part and with
G.S. 160A-272.
(f) A public health authority may exercise any or all of
the powers conferred upon it by this Part, either generally or
with respect to any specific public health facility or
facilities, through or by designated agents, including any
corporation or corporations which are or shall be formed under
the laws of this State.
(g) An authority may contract to insure itself and any of
its board members, agents, or employees against liability for
wrongful death or negligent or intentional damage to person or
property or against absolute liability for damage to person or
property caused by an act or omission of the authority or of any
of its board members, agents, or employees when acting within the
scope of their authority and the course of their employment. The
board shall determine what liabilities and what members, agents,
and employees shall be covered by any insurance purchased
pursuant to this subsection.
Purchase of insurance pursuant to this subsection waives the
authority's governmental immunity, to the extent of insurance
coverage, for any act or omission occurring in the exercise of a
governmental function. Participation in a local government risk
pool pursuant to Article 23 of Chapter 58 of the General Statutes
shall be deemed to be the purchase of insurance for the purposes
of this section. By entering into an insurance contract with the
authority, an insurer waives any defense based upon the
governmental immunity of the authority.
(h) If an authority has waived its governmental immunity
pursuant to subsection (g) of this section, any person, or in the
event of death, their personal representative, sustaining damages
as a result of an act or omission of the authority or any of its
board members, agents, or employees, occurring in the exercise of
a governmental function, may sue the authority for recovery of
damages. To the extent of the coverage of insurance purchased
pursuant to subsection (g) of this section, governmental immunity
may not be a defense to the action. Otherwise, however, the
authority has all defenses available to private litigants in any
action brought pursuant to this section without restriction,
limitation, or other effect, whether the defense arises from
common law or by virtue of a statute.
Despite the purchase of insurance as authorized by
subsection (g) of this section, the liability of an authority for
acts or omissions occurring in the exercise of governmental
functions does not attach unless the plaintiff waives the right
to have all issues of law or fact relating to insurance in the
action determined by a jury. The judge shall hear and determine
these issues without resort to a jury, and the jury shall be
absent during any motion, argument, testimony, or announcement of
findings of fact or conclusions of law relating to these issues
unless the defendant requests a jury trial on them. (1997-502, s.
1.)
§ 130A-45.4. Appointment of a public health
authority director.
(a) A public health authority board, after consulting with
the appropriate county board or boards of commissioners, shall
appoint a public health authority director.
(b) All persons who are appointed to the position of public
health authority director must possess minimum education and
experience requirements for that position, as follows:
(1) A medical doctorate; or
(2) A masters degree in Public Health
Administration, and at least one year of employment experience in
health programs or health services; or
(3) A masters degree in a public health discipline
other than public health administration, and at least three years
of employment experience in health programs or health services;
or
(4) A masters degree in public administration, and
at least two years of experience in health programs or health
services; or
(5) A masters degree in a field related to public
health, and at least three years of experience in health programs
or health services; or
(6) A bachelors degree in public health
administration or public administration and at least three years
of experience in health programs or health services.
(c) Before appointing a person to the position of public
health authority director under subdivision (a)(5) of this
section, the authority board shall forward the application and
other pertinent materials of such candidate to the State Health
Director. If the State Health Director determines that the
candidate's masters degree is in a field not related to public
health, the State Health Director shall so notify the authority
board in writing within 15 days of the State Health Director's
receipt of the application and materials, and such candidate
shall be deemed not to meet the education requirements of
subdivision (a)(5) of this section. If the State Health Director
fails to act upon the application within 15 days of receipt of
the application and materials from the authority board, the
application shall be deemed approved with respect to the
education requirements of subdivision (a)(5) of this section, and
the authority board may proceed with the appointment process.
(d) The State Health Director shall review requests of
educational institutions to determine whether a particular
masters degree offered by the requesting institution is related
to public health for the purposes of subdivision (a)(5) of this
section. The State Health Director shall act upon such requests
within 90 days of receipt of the request and pertinent materials
from the institution, and shall notify the institution of its
determination in writing within the 90-day review period. If the
State Health Director determines that an institution's particular
masters degree is not related to public health, the State Health
Director shall include the reasons therefor in his written
determination to the institution.
(e) When an authority board fails to appoint a public
health authority director within 60 days of the creation of a
vacancy, the State Health Director may appoint an authority
director to serve until the authority board appoints an authority
director in accordance with this section. (1997-502, s. 1.)
§ 130A-45.5. Powers and duties of a public
health authority director.
(a) The public health authority director is an employee of
the authority board and shall serve at the pleasure of the
authority board.
(b) An authority health director shall perform public
health duties prescribed by and under the supervision of the
public health authority board and the Department and shall be
employed full time in the field of public health.
(c) An authority health director shall have the following
powers and duties:
(1) To administer programs as directed by the
public health authority board;
(2) To enforce the rules of the public health
authority board;
(3) To investigate the causes of infectious,
communicable, and other diseases;
(4) To exercise quarantine authority and isolation
authority pursuant to G.S. 130A-145;
(5) To disseminate public health information and to
promote the benefits of good health;
(6) To advise local officials concerning public
health matters;
(7) To enforce the immunization requirements of
Part 2 of Article 7 of this Chapter;
(8) To examine and investigate cases of venereal
disease pursuant to Parts 3 and 4 of Article 6 of this Chapter;
(9) To examine and investigate cases of
tuberculosis pursuant to Part 5 of Article 6 of this Chapter;
(10) To examine, investigate, and control rabies
pursuant to Part 6 of Article 6 of this Chapter;
(11) To abate public health nuisances and imminent
hazards pursuant to G.S. 130A-19 and G.S. 130A-20; and
(12) To employ, discipline, and dismiss employees
of the public health authority.
(d) Authority conferred upon a public health authority
director may be exercised only within the county or counties
comprising the public health authority. (1997-502, s. 1.)
§ 130A-45.6. Boundaries of the authority.
A public health authority may provide or contract to provide
public health services and to acquire, construct, establish,
enlarge, improve, maintain, own, or operate, and contract for the
operation of any public health facilities outside the territorial
limits, within reasonable limitation, of the county or counties
creating the authority, but in no case shall a public health
authority be held liable for damages to those outside the
territorial limits of the county or counties creating the
authority for failure to provide any public health service. (1997-
502, s. 1.)
§ 130A-45.7. Medical review committee.
(a) A member of a duly appointed medical review committee
who acts without malice or fraud shall not be subject to
liability for damages in any civil action on account of any act,
statement, or proceeding undertaken, made, or performed within
the scope of the functions of the committee.
(b) The proceedings of a medical review committee, the
records and materials it produces and the materials it considers
shall be confidential and not considered public records within
the meaning of G.S. 132-1, "Public records" defined, and shall
not be subject to discovery or introduction into evidence in any
civil action against a public health authority or a provider of
professional health services which results from matters which are
the subject of evaluation and review by the committee. No person
who was in attendance at a meeting of the committee shall be
required to testify in any civil action as to any evidence or
other matters produced or presented during the proceedings of the
committee or as to any findings, recommendations, evaluations,
opinions, or other actions of the committee or its members.
However, information, documents, or records otherwise available
are not immune from discovery or use in a civil action merely
because they were presented during proceedings of the committee.
A member of the committee or a person who testifies before the
committee may testify in a civil action but cannot be asked about
his testimony before the committee or any opinions formed as a
result of the committee hearings. (1997-502, s. 1.)
§ 130A-45.8. Confidentiality of patient
information.
(a) Medical records compiled and maintained by public
health authorities in connection with the admission, treatment,
and discharge of individual patients are not public records as
defined by Chapter 132 of the General Statutes.
(b) Charges, accounts, credit histories, and other personal
financial records compiled and maintained by public health
authorities in connection with the admission, treatment, and
discharge of individual patients are not public records as
defined by Chapter 132 of the General Statutes. (1997-502, s. 1.)
§ 130A-45.9. Confidentiality of personnel
information.
(a) Except as provided in subsection (b) of this section,
the personnel files of employees or former employees and the
files of applicants for employment maintained by a public health
authority are not public records as defined by Chapter 132 of the
General Statutes.
(b) The following information with respect to each employee
of a public health authority is a matter of public record: name;
age; date of original employment or appointment; beginning and
ending dates, position title, position descriptions, and total
compensation of current and former positions; and date of the
most recent promotion, demotion, transfer, suspension,
separation, or other change in position classification. In
addition, the following information with respect to each licensed
medical provider employed by or having privileges to practice in
a public health facility shall be a matter of public record:
educational history and qualifications, date and jurisdiction or
original and current licensure; and information relating to
medical board certifications or other qualifications of medical
specialists.
(c) Information regarding the qualifications, competence,
performance, character, fitness, or conditions of appointment of
an independent contractor who provides health care services under
a contract with a public health authority is not a public record
as defined by Chapter 132 of the General Statutes. Information
regarding a hearing or investigation of a complaint, charge, or
grievance by or against an independent contractor who provides
health care services under a contract with a public health
authority is not a public record as defined by Chapter 132 of the
General Statutes. Final action making an appointment or discharge
or removal by a public health authority having final authority
for the appointment or discharge or removal shall be taken in an
open meeting, unless otherwise exempted by law. The following
information with respect to each independent contractor of health
care services of a public health authority is a matter of public
record: name; age; date of original contract; beginning and
ending dates; position title; position descriptions; and total
compensation of current and former positions; and the date of the
most recent promotion, demotion, transfer, suspension,
separation, or other change in position classification. (1997-
502, s. 1.)
§ 130A-45.01. Definitions.
As used in this Part, unless otherwise specified:
(1) "Authority service area" means the area within
the boundaries of the authority as provided for in G.S. 130A-
45.4.
(2) "Board" means a public health authority board
created under this Part.
(3) "County" means the county which is, or is about
to be, included in the territorial boundaries of a public health
authority when created hereunder.
(4) "County board of commissioners" means the
legislative body charged with governing the county.
(5) "Department" means the Department of Health and
Human Services.
(6) "Federal government" means the United States of
America, or any agency, instrumentality, corporate or otherwise,
of the United States of America.
(7) "Government" means the State and federal
governments and any subdivision, agency, or instrumentality,
corporate or otherwise, of either of them.
(8) "Public health authority" means a public body
and a body corporate and politic organized under the provisions
of this Part.
(9) "Public health facility" means any one or more
buildings, structures, additions, extensions, improvements, or
other facilities, whether or not located on the same site or
sites, machinery, equipment, furnishings or other real or
personal property suitable for providing public health services;
and includes, without limitation, local public health departments
or centers; public health clinics and outpatient facilities;
nursing homes, including skilled nursing facilities and
intermediate care facilities, adult care homes for the aged and
disabled; public health laboratories; administration buildings,
central service and other administrative facilities;
communication, computer and other electronic facilities;
pharmaceutical facilities; storage space; vehicular parking lots
and other such public health facilities, customarily under the
jurisdiction of or provided by public health departments, or any
combination of the foregoing, with all necessary, convenient or
related interests in land, machinery, apparatus, appliances,
equipment, furnishings, appurtenances, site preparation,
landscaping, and physical amenities.
(10) "Real property" means lands, lands under
water, structures, and any and all easements, franchises and
incorporeal hereditaments and every estate and right therein,
legal and equitable, including terms for years and liens by way
of judgment, mortgage or otherwise.
(11) "State" means the State of North Carolina.
(1997-502, s. 1.)
§ 130A-45.02. Creation of a public health
authority.
(a) A public health authority may be created whenever a
county board of commissioners finds and adopts a resolution
finding that it is in the interest of the public health and
welfare to create a public health authority to provide public
health services as required under G.S. 130A-34.
(b) A public health authority including more than one
county may be formed upon joint resolution of the county boards
of commissioners and local boards of health having jurisdiction
over each of the counties involved.
(c) After the adoption of a resolution creating a public
health authority, a public health authority board shall be
appointed in accordance with G.S. 130A-45.1.
(d) A county may join a public health authority upon joint
resolution of the boards of commissioners and local boards of
health having jurisdiction over each of the counties involved.
(e) A public health authority board shall govern the public
health authority. All powers, duties, functions, rights,
privileges, or immunities conferred on the public health
authority may be exercised by the authority board.
(f) The public health authority board shall absorb the
functions, assets, and liabilities of the county or district
boards of health, and that board is dissolved.
(g) For the purpose of Chapter 159 of the General Statutes,
a public health authority is a public authority as defined in
G.S. 159-7(b)(10).
(h) Before adopting a resolution creating a public health
authority, the county board of commissioners shall hold a public
hearing with notice published at least 10 days before the
hearing.
(i) For the purposes of Article 9 of Chapter 131E of the
General Statutes, a public health authority is a person as
defined in G.S. 131E-176(19). (1997-502, s. 1.)
§ 130A-45.10. Confidentiality of credentialing
information.
Information acquired by a public health authority or by
persons acting for or on behalf of a public health authority in
connection with the credentialing and peer review of persons
having or applying for privileges to practice in a public health
facility is confidential and is not a public record under Chapter
132 of the General Statutes; provided that information otherwise
available to the public shall not become confidential merely
because it was acquired by the authority or by persons acting for
or on behalf of the authority. (1997-502, s. 1.)
§ 130A-45.11. Confidentiality of competitive
health care information.
Information relating to competitive health care activities
by or on behalf of public health authorities shall be
confidential and not a public record under Chapter 132 of the
General Statutes; provided that any contract entered into by or
on behalf of a public health authority shall be a public record
unless otherwise exempted by law. (1997-502, s. 1.)
§130A-47. Creation by Commission.
For the purpose of preserving and promoting the public
health and welfare, the Commission may create sanitary districts
without regard for county, township or municipal lines. However,
no municipal corporation or any part of the territory in a
municipal corporation shall be included in a sanitary district
except at the request of the governing board of the municipal
corporation. If the municipal corporation has not levied any tax
nor performed any official act nor held any elections within a
period of four years preceding the date of the petition for the
sanitary district, a request of the governing board shall not be
required. (1927, c. 100, s. 1; 1955, c. 1307; 1957, c. 1357, s.
1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-48. Procedure for incorporating district.
A sanitary district shall be incorporated as follows. Either
fifty-one percent (51%) or more of the resident freeholders
within a proposed sanitary district or fifty-one percent (51%) or
more of the freeholders within a proposed sanitary district,
whether or not the freeholders are residents of the proposed
sanitary district, may petition the county board of commissioners
of the county in which all or the largest portion of the land of
the proposed district is located. This petition shall set forth
the boundaries of the proposed sanitary district and the
objectives of the proposed district. For the purposes of this
Part, the term "freeholder" shall mean a person holding a deed to
a tract of land within the district or proposed district, and
also shall mean a person who has entered into a contract to
purchase a tract of land within the district or proposed
district, is making payments pursuant to a contract and will
receive a deed upon completion of the contractual payments. The
contracting purchaser, rather than the contracting seller, shall
be deemed to be the freeholder. Upon receipt of the petition, the
county board of commissioners, through its chairperson, shall
notify the Department and the chairperson of the county board of
commissioners of any other county or counties in which any
portion of the proposed district lies of the receipt of the
petition. The chairperson shall request that the Department hold
a joint public hearing with the county commissioners of all the
counties in which a portion of the district lies concerning the
creation of the proposed sanitary district. The Secretary and the
chairperson of the county board of commissioners shall name a
time and place within the proposed district to hold the public
hearing. The chairperson of the county board of commissioners
shall give prior notice of the hearing by posting a notice at the
courthouse door of the county and also by publication at least
once a week for four successive weeks in a newspaper published in
the county. In the event the hearing is to be before a joint
meeting of the county boards of commissioners of more than one
county, or in the event the land to be affected lies in more than
one county, publication and notice shall be made in each of the
affected counties. In the event that all matters pertaining to
the creation of this sanitary district cannot be concluded at the
hearing, the hearing may be continued at a time and place within
the proposed district named by the Department. (1927, c. 100, ss.
2-4; 1951, c. 178, s. 1; 1957, c. 1357, s. 1; 1959, c. 1189, s.
1; 1965, c. 135; 1967, c. 24, s. 21; 1973, c. 476, s. 128; 1975,
c. 536; 1983, c. 891, s. 2.)
§130A-49. Declaration that district exists; status of
industrial villages within boundaries of district.
(a) If, after the required public hearing, the Commission
and the county commissioners determine that a district shall be
created for the purposes stated in the petition, the Commission
shall adopt a resolution defining the boundaries of the district
and declaring the territory within the boundaries to be a
sanitary district. The Commission may make minor deviation in
defining the boundaries from those prescribed in the petition
when it determines the change to be in the interest of the public
health.
(b) The owner or controller of an industrial plant may make
application requesting that the plant or the plant and its
contiguous village be included within or excluded from the
sanitary district. The application shall be filed with the
Commission on or before the date of the public hearing. If an
application is properly filed, the Commission shall include or
exclude the industrial plant and contiguous village in accordance
with the application.
(c) Each district when created shall be identified by a name
or number assigned by the Commission. (1927, c. 100, s. 5; 1957,
c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§ 130A-50. Election and terms of office of
sanitary district boards.
(a) The Department shall send a copy of the resolution
creating the sanitary district to the county board or boards of
county commissioners of the county or counties in which all or
part of the district is located. The board or boards of
commissioners shall hold a meeting or joint meeting for the
purpose of electing the members of the sanitary district board.
(b) The sanitary district board shall be composed of either
three or five members as the county commissioners in their
discretion shall determine. The members first appointed shall
serve as the governing body of the sanitary district until the
next regular election for municipal and special district officers
as provided in G.S. 163-279, which occurs more than 90 days after
their appointment. At that election, their successors shall be
elected. The terms of the members shall be for two years or four
years and may be staggered as determined by the county board of
commissioners so that some members are elected at each biennial
election. The members of the sanitary district board shall be
residents of the district. The county board of commissioners
shall notify the county board of elections of any decision made
under this subsection.
If the sanitary district board consists of three members,
the county commissioners may at any time increase the sanitary
district board to five members. The increase shall become
effective with respect to any election where the filing period
for candidacy opens at least 30 days after approval of the
expansion to five members. The effective date of the expansion is
the organizational meeting of the sanitary district board after
the election.
The county commissioners may provide for staggering terms of
an existing sanitary district board whose members serve two-year
terms by providing for some of the members to be elected at the
next election to be for four-year terms. The change shall become
effective with respect to any election where the filing period
for candidacy opens at least 30 days after approval of the
staggering of terms.
The sanitary district board may provide for staggering its
terms if its members serve unstaggered four-year terms by
providing for some of the members to be elected at the next
election for two-year terms. The change shall become effective
with respect to any election where the filing period for
candidacy opens at least 30 days after approval of the staggering
of terms.
The county commissioners may provide for changing a sanitary
district board from two-year terms to unstaggered four-year
terms. This may be done either by providing that at the next
election, all members shall be elected for four-year terms, or by
extending the terms of existing members from two years to four
years. The change shall become effective with respect to any
election where the filing period for candidacy opens at least 30
days after approval of the change of length of terms.
(b1) If a sanitary district:
1. Does not share territory with any city as
defined by G.S. 160A-1(2), and
2. The sanitary district is in more than one
county,
the boards of county commissioners in all counties with territory
in the sanitary district may set the sanitary district elections
to be held on the same date as general elections in even-numbered
years under G.S. 163-1 and may extend the terms of any sanitary
district board members who are in office at the ratification of
this act until the next even-year general election can been [be]
held and successors qualified.
(b2) If a sanitary district:
(1) Is located entirely within a county which has
no incorporated city as defined by G.S. 160A-1(2) located within
that county; and
(2) Has a sanitary district board whose members
serve four-year terms which are not staggered and which next
expire in 1991,
the board of commissioners of that county may, by resolution
adopted prior to December 31, 1989, set the sanitary district
election to be held on the same date as general elections in even-
numbered years under G.S. 163-1. Such resolution shall extend the
terms of office of the then serving members of the sanitary
district board by one year, so that they will expire on the first
Monday in December following the 1992 general election. Other
than as provided by this subsection, sanitary district elections
shall continue to be conducted in accordance with this Article
and Chapter 163 of the General Statutes.
(c) The election shall be nonpartisan and decided by simple
plurality as provided in G.S. 163-292 and shall be held and
conducted by the county board of elections in accordance with the
applicable provisions of Articles 23 and 24 of Chapter 163 of the
General Statutes. If the district is in more than one county,
then the county board of elections of the county including the
largest part of the district shall conduct the election for the
entire district with the assistance and full cooperation of the
boards of elections in the other counties.
(d) The board of elections shall certify the results of the
election to the clerk of superior court. The clerk of superior
court shall take and file the oaths of office of the board
members elected.
(e) The elected members of the board shall take the oath of
office on the first Monday in December following their election
and shall serve for the term elected and until their successors
are elected and qualified. (1927, c. 100, s. 6; 1943, c. 602;
1953, c. 798; 1955, c. 1073; 1957, c. 1357, s. 1; 1963, c. 644;
1973, c. 476, s. 128; 1981, c. 186, s. 1; 1983, c. 891, s. 2;
1987, c. 22, s. 1; 1989, c. 310; 1993 (Reg. Sess., 1994), c. 736,
s. 1.1; 1997-117, s. 1.)
§ 130A-51. City governing body acting as
sanitary district board.
(a) When the General Assembly incorporates a city or town
that includes within its territory fifty percent (50%) or more of
the territory of a sanitary district, the governing body of the
city or town shall become ex officio the governing board of the
sanitary district if the General Assembly provides for this
action in the incorporation act and if the existing sanitary
district board adopts a final resolution pursuant to this
section. The resolution may be adopted at any time within the
period beginning on the day the incorporation act becomes law and
ending 270 days after that date.
(b) To begin the process leading to the city or town board
becoming ex officio the sanitary district board, the board of the
sanitary district shall first adopt a preliminary resolution
finding that the interests of the citizens of the sanitary
district and of the city or town will be best served if both
units of local government are governed by a single governing
body. This resolution shall also set the time and place for a
public hearing on the preliminary resolution.
(c) Upon adoption of this preliminary resolution, the
chairperson of the sanitary district board shall publish a notice
of the public hearing once at least 10 days before the hearing in
a newspaper of general circulation within the sanitary district.
This notice shall set forth the time and place of the hearing and
shall briefly describe its purpose. At the hearing, the board
shall hear any citizen of the sanitary district or of the city or
town who wishes to speak to the subject of the preliminary
resolution.
(d) Within 30 days after the day of the public hearing, the
sanitary district board may adopt a final resolution finding that
the interests of the citizens of the sanitary district and of the
city or town will be best served if both units are governed by a
single board. This resolution shall set the date on which the
terms of office of the members of the sanitary district board end
and that board is dissolved and service by the ex officio board
begins. This date may be the effective date of the incorporation
of the city or town or any date within one year after the
effective date. At that time, the sanitary district board is
dissolved and the mayor and members of the governing body of the
city or town become ex officio the board of the sanitary
district. The mayor shall act ex officio as chairperson of the
sanitary district board.
(e) The chairperson of the sanitary district board that
adopts a final resolution shall within 10 days after the day the
resolution is adopted, send a copy of the resolution to the mayor
and each member of the city or town governing board and to the
Department. (1981, c. 201; 1983, c. 891, s. 2; 1995, c. 20, s.
15.)
§130A-52. Special election if election not held in November of
1981.
(a) If in a sanitary district, an election of board members
was required to be held in November of 1981 under G.S. 130A-50
but was not held, the board of commissioners of the county or
counties in which the district is located may by resolution order
a special election of all the board members to be held at the
same time as the General Election in November of 1982.
(b) The election shall be held under the procedures of
Articles 23 and 24 of Chapter 163 of the General Statutes and in
accordance with G.S. 130A-50, except that filing shall open at
noon on Monday, August 9, 1982, and close at noon on Monday,
August 23, 1982.
(c) In the election held under this section, all of the
members of the board shall be elected. If the board of
commissioners has provided for two- or four-year terms, the
members elected in 1982 shall serve until the 1983 or 1985
election, respectively, and then their successors shall be
elected for the two-or four-year terms provided by the county
board or boards of commissioners.
(d) Any resolution adopted under subsection (a) of this
section shall be filed with the Department. (1981 (Reg. Sess.,
1982), c. 1271, s. 1; 1983, c. 891, s. 2.)
§130A-52.1. Action if 1983 election not held.
If any sanitary district held an election in 1982 under G.S.
130A-52, but failed to hold the 1983 election, then the persons
elected in 1982 shall hold office until the terms that were to
begin in 1983 have expired. (1983 (Reg. Sess., 1984), c. 1021, s.
1.)
§130A-53. Actions validated.
Any action of a sanitary district taken prior to July 1,
1984, shall not be invalidated by failure to hold an election for
members of the board. (1981 (Reg. Sess., 1982), c. 1271, s. 1;
1983, c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 1021, s. 2.)
§130A-54. Vacancy appointments to district boards.
Any vacancy in a sanitary district board shall be filled by
the county commissioners until the next election for sanitary
district board members. If the district is located in more than
one county, the vacancy shall be filled by the county
commissioners of the county from which the vacancy occurred.
(1935, c. 357, s. 2; 1957, c. 1357, s. 1; 1981, c. 186, s. 2;
1983, c. 891, s. 2.)
§ 130A-55. Corporate powers.
A sanitary district board shall be a body politic and
corporate and may sue and be sued in matters relating to the
sanitary district. Notwithstanding any limitation in the petition
under G.S. 130A-48, but subject to the provisions of G.S. 130A-
55(17)e, each sanitary district may exercise all of the powers
granted to sanitary districts by this Article. In addition, the
sanitary district board shall have the following powers:
(1) To acquire, construct, maintain and operate
sewage collection, treatment and disposal systems of all types,
including septic tank systems or other on-site collection,
treatment or disposal facilities or systems; water supply
systems; water purification or treatment plants and other
utilities necessary for the preservation and promotion of the
public health and sanitary welfare within the district. The
utilities shall be constructed, operated and maintained in
accordance with applicable statutes and rules.
(2) To acquire, construct, maintain and operate
sewage collection, treatment and disposal systems of all types,
including septic tank systems or other on-site collection or
disposal facilities or systems, water supply systems; water
purification or treatment plants and other utilities, within and
outside the corporate limits of the district, as may be necessary
for the preservation of the public health and sanitary welfare
outside the corporate limits of the district, within reasonable
limitation. The utilities shall be constructed, operated and
maintained in accordance with applicable statutes and rules.
a. The authority granted to a sanitary
district by the provisions of this subsection is supplemental to
the authority granted to a sanitary district by other provisions
of law.
b. Actions taken by a sanitary district to
acquire, construct, maintain and operate sewage collection,
treatment and disposal systems of all types; water supply
systems; water purification or treatment plants and other
utilities within and outside the corporate limits to provide
service outside the corporate limits are approved and validated.
c. This subsection shall apply only in
counties with a population of 70,000 or greater, as determined by
the most recent decennial federal census.
(3) To levy taxes on property within the district
in order to carry out the powers and duties conferred and imposed
on the district by law, and to pay the principal of and interest
on bonds and notes of the district.
(4) To acquire either by purchase, condemnation or
otherwise and hold real and personal property, easements, rights-
of-way and water rights in the name of the district within or
without the corporate limits of the district, necessary or
convenient for the construction or maintenance of the works of
the district.
(5) To employ and compensate engineers, counsel and
other persons as may be necessary to carry out projects.
(6) To negotiate and enter into agreements with the
owners of existing water supplies, sewage systems or other
utilities as may be necessary to carry out the intent of this
Part.
(7) To adopt rules necessary for the proper
functioning of the district. However, these rules shall not
conflict with rules adopted by the Commission for Health
Services, Environmental Management Commission, or the local board
of health having jurisdiction over the area.
(8) a. To contract with any person within or
outside the corporate limits of the district to supply raw water
without charge to the person in return for an agreement to allow
the district to discharge sewage in the person's previous water
supply. The district may so contract and construct at its expense
all improvements necessary or convenient for the delivery of the
water when, in the opinion of the sanitary district board and the
Department, it will be for the best of the district.
b. To contract with any person within or
outside the corporate limits of the district to supply raw or
filtered water and sewer service to the person where the service
is available. For service supplied outside the corporate limits
of the district, the sanitary district board may fix a different
rate from that charged within the corporate limits but shall not
be liable for damages for failure to furnish a sufficient supply
of water and adequate sewer service.
c. To contract with any person within or
outside the corporate limits of the district for the treatment of
the district's sewage in a sewage disposal or treatment plant
owned and constructed or to be constructed by that person.
(9) After adoption of a plan as provided in G.S.
130A-60, the sanitary district board may, in its discretion,
alter or modify the plan if the Department determines that the
alteration or modification does not constitute a material
deviation from the objective of the plan and is in the public
health interest of the district. The alteration or modification
must be approved by the Department. The sanitary district board
may appropriate or reappropriate money of the district for
carrying out the altered or modified plan.
(10) To take action, subject to the approval of the
Department, for the prevention and eradication of diseases
transmissible by vectors by instituting programs for the
eradication of the mosquito.
(11) To collect and dispose of garbage, waste and
other refuse by contract or otherwise.
(12) To establish a fire department, or to contract
for firefighting apparatus and personnel for the protection of
life and property within the district.
(13) To provide or contract for rescue service,
ambulance service, rescue squad or other emergency medical
services for use in the district. The sanitary district shall be
subject to G.S. 153A-250.
(14) To have privileges and immunities granted to
other governmental units in exercise of the governmental
functions.
(15) To use the income of the district, and if
necessary, to levy and collect taxes upon all the taxable
property within the district sufficient to pay the costs of
collecting and disposing of garbage, waste and other refuse, to
provide fire protection and rescue services in the district, and
to acquire, construct, maintain, operate, and regulate roads and
streets within the district. Taxes shall be levied and collected
at the same time and in the same manner as taxes for debt service
as provided in G.S. 130A-62.
(16) To adopt rules for the promotion and
protection of the public health and for these purposes to possess
the following powers:
a. To require any person owning, occupying or
controlling improved real property within the district to connect
with either or both the water or sewage systems of the district
when the local health director, having jurisdiction over the
property, determines that the health of the people residing
within the district will be endangered by a failure to connect.
b. To require any person owning, occupying or
controlling improved real property within the district where the
water or sewage systems of the district are not immediately
available or it is impractical with the systems, to install
sanitary toilets, septic tanks and other health equipment or
installations in accordance with applicable statutes and rules.
c. To order a person to abate a public health
nuisance of the district. If the person being ordered to abate
the nuisance refuses to comply with the order, the sanitary
district board may institute an action in the superior court of
the county where the public health nuisance exists to enforce the
order.
d. To abolish or regulate and control the use
and occupancy of all pigsties and other animal stockyards or pens
within the district and for an additional distance of 500 feet
beyond the outer boundaries of the district, unless the 500 feet
is within the corporate limits of a city or town.
e. Upon the noncompliance by a person of a
rule adopted by the sanitary district board, the board shall
notify the person of the rule being violated and the facts
constituting the violation. The person shall have a reasonable
time to comply with the rule as determined by the local health
director of the person's residence. Upon failure to comply within
the specified time or within a time extended by the sanitary
district board, the person shall be guilty of a Class 1
misdemeanor.
f. The sanitary district board is authorized
to enforce the rules adopted pursuant to this Part by criminal
action or civil action, including injunctive relief.
(17) For the purpose of promoting and protecting
the public health, safety and the general welfare of the State, a
sanitary district board is authorized to establish as zoning
units any portions of the sanitary district not under the control
of the United States or this State or any agency or
instrumentality of either, in accordance with the following:
a. No sanitary district board shall designate
an area a zoning area until a petition signed by two-thirds of
the qualified voters in the area, as shown by the registration
books used in the last general election, and with a petition
signed by two-thirds of the owners of real property in the area,
as shown by the records in the office of the register of deeds
for the county, is filed with the sanitary district board. The
petition must be accompanied by a map of the proposed zoning
area. The board shall hold a public hearing to obtain comment on
the proposed creation of the zoning area. A notice of public
hearing must be published in a newspaper of general circulation
in the county at least two times, and a copy of the notice shall
be posted at the county courthouse and in three other public
places in the sanitary district.
b. When a zoning area is established within a
sanitary district, the sanitary district board as to the zoning
area shall have all rights, privileges, powers and duties granted
to municipal corporations under Part 3, Article 19, Chapter 160A
of the General Statutes. However, the sanitary district board
shall not be required to appoint any zoning commission or board
of adjustment. If neither a zoning commission nor board of
adjustment is appointed, the sanitary district board shall have
all rights.
c. A sanitary district board may enter into an
agreement with any city, town or sanitary district for the
establishment of a joint zoning commission.
d. A sanitary district board is authorized to
use the income of the district and levy and collect taxes upon
the taxable property within the district necessary to carry out
and enforce the rules and provisions of this subsection.
e. This subsection shall apply only to
sanitary districts which adjoin and are contiguous to an
incorporated city or town and are located within three miles or
less of the boundaries of two other cities or towns.
(18) To negotiate for and acquire by contract any
distribution system located outside the district when the water
for the distribution system is furnished by the district. If the
distribution system is acquired by a district, the district may
continue the operation of the system even though it remains
outside the district.
(19) To accept gifts of real and personal property
for the purpose of operating a nonprofit cemetery; to own,
operate and maintain cemeteries with the donated property; and to
establish perpetual care funds for the cemeteries in the manner
provided by G.S. 160A-347.
(20) To dispose of real or personal property
belonging to the district according to the procedures prescribed
in Article 12 of Chapter 160A of the General Statutes. For
purposes of this subsection, references in Article 12 of Chapter
160A to the "city," the "council," or a specific city official
refer, respectively, to the sanitary district, the sanitary
district board, and the sanitary district official who most
nearly performs the same duties performed by the specified city
official. For purposes of this subsection, references in G.S.
160A-266(c) to "one or more city officials" are deemed to refer
to one or more sanitary district officials designated by the
sanitary district board.
(21) To acquire, renovate property for or construct
a medical clinic to serve the district, and to maintain real and
personal property for a medical clinic to serve the district.
(22) To make special assessments against benefitted
property within the corporate limits of the sanitary district and
within the area served or to be served by the sanitary district
for the purpose of constructing, reconstructing, extending, or
otherwise improving water systems or sanitary collection,
treatment, and sewage disposal systems, in the same manner that a
county may make special assessments under authority of Article 9
of Chapter 153A of the General Statutes, except that the language
appearing in G.S. 153A-185 reading as follows: "A county may not
assess property within a city pursuant to subdivision (1) or (2)
of this section unless the governing board of the city has by
resolution approved the project," shall not apply to assessments
levied by sanitary districts. For the purposes of this paragraph,
references in Article 9 of Chapter 153A of the General Statutes,
to the "county," the "board of county commissioners," "the board"
or a specific county official or employee are deemed to refer
respectively to the sanitary district and to the official or
employee of the sanitary district who performs most nearly the
same duties performed by the specified county official or
employee.
Assessment rolls after being confirmed shall
be filed for registration in the office of the Register of Deeds
of the county in which the property being assessed is located,
and the term "county tax collector" wherever used in G.S. 153A-
195 and G.S. 153A-196, shall mean the officer designated by the
sanitary district to perform the functions described in said
sections of the statute. This subdivision applies only to
sanitary districts with a population of 15,000 or over.
(23) To acquire (by purchase, lease, gift, or
otherwise, but not by condemnation), construct, maintain,
operate, and regulate roads and streets within the sanitary
district which are not State-maintained. Not all of these powers
need be exercised.
(24) Expired. (1927, c. 100, s. 7; 1933, c. 8, ss.
1, 2; 1935, c. 287, ss. 1, 2; 1941, c. 116; 1945, c. 651, ss. 1,
2; 1947, c. 476; 1949, c. 880, s. 1; cc. 1130, 1145; 1951, c. 17,
s. 1; c. 1035, s. 1; 1957, c. 1357, s. 1; 1961, cc. 669, 865,
1155; 1963, c. 1232; 1965, c. 496, s. 1; 1967, c. 632; c. 637, s.
1; c. 798, s. 2; 1969, cc. 478, 700, 944; 1971, c. 780, s. 29;
1973, c. 476, s. 128; 1979, c. 520, s. 2; c. 619, s. 7; 1981, cc.
629, 655; c. 820, ss. 1-3; c. 898, ss. 1-4; 1981 (Reg. Sess.,
1982), c. 1237; 1983, c. 891, s. 2; c. 925, s. 2; 1993, c. 539,
s. 948; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 422, ss. 1-4.)
§ 130A-55.1: Repealed by Session Laws 1997, c.
443, s. 11A.2.
§ 130A-56. Election of officers; board
compensation.
(a) Upon election, a sanitary district board shall meet and
elect one of its members as chairperson and another member as
secretary.
(b) The board may employ a clerk or other assistants as
necessary and may fix duties of and compensation for employees. A
sanitary district board may remove employees and fill vacancies.
(c) The board may, by ordinance, fix the compensation of
its members in an amount not to exceed one hundred fifty dollars
($150.00) per month, payable from the funds of the district, but
no increase may become effective earlier than the first meeting
of the board following the next election of board members after
adoption of the ordinance. Until adoption of an ordinance under
this subsection, each member of the board may receive
compensation as provided for members of State boards under G.S.
138-5, payable from funds of the district. (1927, c. 100, s. 8;
1957, c. 1357, s. 1; 1967, c. 723; 1977, c. 183; 1983, c. 891, s.
2; 1985, c. 29, ss. 1, 2; 1995, c. 422, s. 5.)
§130A-57. Power to condemn property.
A sanitary district board may purchase real estate, right-
of-way or easement within or outside the corporate limits of the
district for improvements authorized by this Part. If a purchase
price cannot be agreed upon, the board may condemn the real
estate, right-of- way or easement in accordance with Chapter 40A
of the General Statutes. (1927, c. 100, s. 9; 1933, c. 8, s. 3;
1957, c. 1357, s. 1; 1981, c. 919, s. 13; 1983, c. 891, s. 2.)
§130A-58. Construction of systems by corporations or
individuals.
When it is inadvisable or impractical for the sanitary
district to build a water supply, sewage system or part of either
to serve an area within the sanitary district, a corporation or
residents within the sanitary district may build and operate a
system at its or their own expense. The system shall be
constructed and operated under plans and specifications approved
by the district board and by the Department. The system shall
also be constructed and operated in accordance with applicable
rules and statutes. (1927, c. 100, s. 10; 1957, c. 1357, s. 1;
1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-59. Reports.
Upon the election of a sanitary district board, the board
shall employ engineers licensed by this State to make a report on
the problems of the sanitary district. The report shall be
prepared and filed with the sanitary district board and shall
include the following:
(1) Comprehensive maps showing the boundaries of the
sanitary district and, in a general way, the location of the
various parts of the work that is proposed to be done and
information as may be useful for a thorough understanding of the
proposed undertaking;
(2) A general description of existing facilities for
carrying out the purposes of the district;
(3) A general description of the various plans which might
be adopted for accomplishment of the purposes of the district;
(4) General plans and specifications for the work;
(5) General description of property proposed to be acquired
or which may be damaged in carrying out the work;
(6) Comparative detail estimates of cost for the various
construction plans; and
(7) Recommendations. (1927, c. 100, s. 11; 1957, c. 1357, s.
1; 1983, c. 891, s. 2.)
§130A-60. Consideration of reports and adoption of a plan.
(a) A report filed by the engineers pursuant to G.S. 130A-
59 shall be given consideration by the sanitary district board
and the board shall adopt a plan. Before adopting a plan the
board may hold a public hearing for the purpose of considering
objections to the plan. Once adopted, the sanitary district board
shall submit the plan to the Department. The plan shall not
become effective until it is approved by the Department.
(b) The provisions of this section and of G.S. 130A-58 shall
apply when the sanitary district board determines that adoption
of the plan requires the issuance of bonds. However, these
provisions shall not apply to a proposed purchase of firefighting
equipment and apparatus. Failure to observe or comply with these
provisions shall not, however, affect the validity of the bonds
of a sanitary district. (1927, c. 100, s. 12; 1949, c. 880, s. 1;
1951, c. 17, s. 1; 1957, c. 1357, s. 1; 1973, c. 476, s. 128;
1983, c. 891, s. 2.)
§130A-61. Bonds and notes authorized.
A sanitary district is authorized to issue bonds and notes
under the Local Government Finance Act. (1927, c. 100, s. 13;
1949, c. 880, s. 1; 1951, c. 17, s. 1; c. 846, s. 1; 1957, c.
1357, s. 1; 1963, c. 1247, s. 1; 1971, c. 780, s. 27; 1983, c.
891, s. 2.)
§ 130A-62. Annual budget; tax levy.
(a) A sanitary district shall operate under an annual
balanced budget adopted in accordance with the Local Government
Budget and Fiscal Control Act.
(b) A sanitary district has the option of either collecting
its own taxes or having its taxes collected by the county or
counties in which it is located. Unless a district takes
affirmative action to collect its own taxes, taxes shall be
collected by the county.
(c) For sanitary districts whose taxes are collected by the
county, before May 1 of each year, the assessor of each county in
which the district is located shall certify to the district board
the total assessed value of property in the county subject to
taxation by the district. By July 1 or upon adoption of its
annual budget ordinance, the district board shall certify to the
county board of commissioners the rate of ad valorem tax levied
by the district on property in that county. Upon receiving the
district's certification of its tax levy, the county
commissioners shall compute the district tax for each taxpayer
and shall separately state the district tax on the county tax
receipts for the fiscal year. The county shall collect the
district tax in the same manner that county taxes are collected
and shall remit these collections to the district at least
monthly. Partial payments shall be proportionately divided
between the county and the district. The district budget
ordinance may include an appropriation to the county for the cost
to the county of computing, billing, and collecting the district
tax. The amount of the appropriation shall be agreed upon by the
county and the district, but may not exceed five percent (5%) of
the district levy. Any agreement shall remain effective until
modified by mutual agreement. The amount due the county for
collecting the district tax may be deducted by the county from
its monthly remittances to the district or may be paid to the
county by the district.
(d) Sanitary districts electing to collect their own taxes
shall be deemed cities for the purposes of the Machinery Act,
Subchapter II of Chapter 105 of the General Statutes. (1927, c.
100, s. 17; 1935, c. 287, ss. 3, 4; 1949, c. 880, s. 1; 1951, c.
17, s. 1; 1957, c. 1357, s. 1; 1959, c. 994; 1963, c. 1226; 1965,
c. 496, s. 3; 1971, c. 780, s. 29; 1983, c. 891, s. 2; 1987, c.
45, s. 1; 1991 (Reg. Sess., 1992), c. 1007, s. 38.)
§130A-63. Engineers to provide plans and supervise work;
bids.
(a) The sanitary district board shall retain engineers
licensed by this State to provide detailed plans and
specifications and to supervise the work undertaken by the
district. The work or any portion of the work may be done by the
sanitary district board by purchasing the material and letting a
contract for the work or by letting a contract for furnishing all
the materials and doing the work.
(b) All contracts for work performed for construction or
repair and for the purchase of materials by sanitary districts
shall be in accordance with the provisions of Article 8, Chapter
143 of the General Statutes which are applicable to counties and
municipal corporations.
(c) All work done shall be in accordance with the plans and
specifications prepared by the engineers in conformity with the
plan adopted by the sanitary district board. (1927, c. 100, s.
19; 1957, c. 1357, s. 1; 1977, c. 544, s. 1; 1983, c. 891, s. 2.)
§130A-64. Service charges and rates.
A sanitary district board shall apply service charges and
rates based upon the exact benefits derived. These service
charges and rates shall be sufficient to provide funds for the
maintenance, adequate depreciation and operation of the work of
the district. If reasonable, the service charges and rates may
include an amount sufficient to pay the principal and interest
maturing on the outstanding bonds and, to the extent not
otherwise provided for, bond anticipation notes of the district.
Any surplus from operating revenues shall be set aside as a
separate fund to be applied to the payment of interest on or to
the retirement of bonds or bond anticipation notes. The sanitary
district board may modify and adjust these service charges and
rates. (1927, c. 100, s. 20; 1933, c. 8, s. 5; 1957, c. 1357, s.
1; 1965, c. 496, s. 4; 1983, c. 891, s. 2.)
§ 130A-65. Liens for sewer service charges in sanitary
districts not operating water distribution system; collection of
charges; disconnection of sewer lines.
In sanitary districts which maintain and operate a sewage
system but do not maintain and operate a water distribution
system, the charges made for sewer service or for use of sewer
service facilities shall be a lien upon the property served. If
the charges are not paid within 15 days after they become due and
payable, suit may be brought in the name of the sanitary district
in the county in which the property served is located, or the
property, subject to the lien, may be sold by the sanitary
district under the same rules, rights of redemption and savings
as are prescribed by law for the sale of land for unpaid ad
valorem taxes. A sanitary district is authorized to adopt rules
for the use of sewage works and the collection of charges. A
sanitary district is authorized in accordance with its rules to
enter upon the premises of any person using the sewage works and
failing to pay the charges, and to disconnect the sewer line of
that person from the district sewer line or disposal plant. A
person who connects or reconnects with district sewer line or
disposal plant without a permit from the sanitary district shall
be guilty of a Class 1 misdemeanor. (1965, c. 920, s. 1; 1983, c.
891, s. 2; 1993, c. 539, s. 949; 1994, Ex. Sess., c. 24, s.
14(c).)
§130A-66. Removal of member of board.
A petition with the signatures of twenty-five percent (25%)
or more of the voters within a sanitary district which requests
the removal from office of one or more members of a sanitary
district board for malfeasance or nonfeasance in office may be
filed with the board of commissioners of the county in which all
or the greater portion of the voters of a sanitary district are
located. Upon receipt of the petition, the county board of
commissioners shall meet and adopt a resolution to hold an
election on the question of removal. In the event that more than
one member of a sanitary district board is subjected to recall in
an election, the names of each member of the board subjected to
recall shall appear upon separate ballots. If in a recall
election, a majority of the votes within the sanitary district
are cast for the removal of a member or members of the sanitary
district board subject to recall, the member or members shall
cease to be a member or members of the sanitary district board. A
vacancy shall be immediately filled. The expenses of holding a
recall election shall be paid from the funds of the sanitary
district. (1927, c. 100, s. 21; 1957, c. 1357, s. 1; 1981, c.
186, s. 3; 1983, c. 891, s. 2.)
§130A-67. Rights-of-way granted.
A right-of-way in, along or across a county or State
highway, street or property within a sanitary district is granted
to a sanitary district in case the board finds it necessary or
convenient for carrying out the work of the district. Any work
done in, along or across a State highway shall be done in
accordance with the rules of the Board of Transportation. (1927,
c. 100, s. 22; 1933, c. 172, s. 17; 1957, c. 1357, s. 1; 1973, c.
507, s. 5; 1983, c. 891, s. 2.)
§130A-68. Returns of elections.
In all elections provided for in this Part, the board of
elections shall file copies of the returns with the county boards
of commissioners, sanitary district board and clerk of superior
court in which the district is located. (1927, c. 100, s. 23;
1957, c. 1357, s. 1; 1981, c. 186, s. 4; 1983, c. 891, s. 2.)
§130A-69. Procedure for extension of district.
(a) If after a sanitary district has been created or the
provisions of this Part have been made applicable to a sanitary
district, a petition signed by not less than fifteen percent
(15%) of the resident freeholders within any territory contiguous
to and adjoining the sanitary district may be presented to the
sanitary district board requesting annexation of territory
described in the petition. The sanitary district board shall send
a copy of the petition to the board of commissioners of the
county or counties in which the district is located and to the
Department. The sanitary district board shall request that the
Department hold a joint public hearing with the sanitary district
board on the question of annexation. The Secretary and the
chairperson of the sanitary district board shall name a time and
place for the public hearing. The chairperson of the sanitary
district board shall publish a notice of public hearing once in a
newspaper or newspapers published or circulating in the sanitary
district and the territory proposed to be annexed. The notice
shall be published not less than 15 days prior to the hearing. If
after the hearing, the Commission approves the annexation of the
territory described in the petition, the Department shall advise
the board or boards of commissioners of the approval. The board
or boards of commissioners shall order and provide for the
holding of a special election upon the question of annexation
within the territory proposed to be annexed.
(b) If at or prior to the public hearing, a petition is
filed with the sanitary district board signed by not less than
fifteen percent (15%) of the freeholders residing in the sanitary
district requesting an election be held on the annexation
question, the sanitary district board shall send a copy of the
petition to the board or boards of commissioners who shall order
and provide for the submission of the question to the voters
within the sanitary district. This election may be held on the
same day as the election in the territory proposed to be annexed,
and both elections and registrations may be held pursuant to a
single notice. A majority of the votes cast is necessary for a
territory to be annexed to a sanitary district.
(c) The election shall be held by the county board or boards
of elections as soon as possible after the board or boards of
commissioners orders the election. The cost of the election shall
be paid by the sanitary district. Registration in the area
proposed for annexation shall be under the same procedure as G.S.
163-288.2.
(d) Notice of the election shall be given as required by
G.S. 163- 33(8) and shall include a statement that the boundary
lines of the territory to be annexed and the boundary lines of
the sanitary district have been prepared by the district board
and may be examined. The notice shall also state that if a
majority of the those voting in the election favor annexation,
then the territory annexed shall be subject to all debts of the
sanitary district.
(e) The ballot shall be substantially as follows:
"[] FOR annexation to the .......... Sanitary District
[] AGAINST annexation to the .......... Sanitary District."
The board or boards of elections shall certify the results of the
election to the sanitary district board and the board or boards
of commissioners of the county or counties in which the district
is located.
(f) Notwithstanding any other provisions of this section, if
a petition for extension of the boundaries of a sanitary district
is signed by not less than fifty-one percent (51%) of the
resident freeholders within the territory proposed to be annexed,
it shall not be necessary to hold an election provided for by
this section on the question of the extension of the boundaries
of the sanitary district.
(g) Notwithstanding any other provisions of this section, if
a petition for extension of the boundaries of a sanitary district
is signed by the owners of all the real property within the
territory proposed to be annexed, it shall not be necessary to
hold any election or any hearings provided for by this section on
the question of the extension of the boundaries of the sanitary
district.
(h) No right of action or defense founded upon the
invalidity of the election shall be asserted, nor shall the
validity of the election be open to question in any court on any
ground unless the action or proceeding is commenced within 30
days after the certification of the results by the board or
boards of elections.
(i) When additional territory has been annexed to a sanitary
district and the proposition of issuing bonds of the sanitary
district after the annexation has been approved by the voters at
an election held within one year subsequent to annexation,
fifty-one percent (51%) or more of the resident freeholders
within the annexed territory may petition the sanitary district
board for the removal and exclusion of the territory from the
sanitary district. No petition may be filed after bonds of the
sanitary district have been approved in an election held at any
time after annexation. If the sanitary district board approves
the petition, it shall send a copy to the Department requesting
that the petition be granted and shall send additional copies to
the county board or boards of commissioners. A public hearing
shall be conducted under the same procedure provided for the
annexation of additional territory. If the Commission deems it
advisable to comply with the request of the petition, the
Commission shall adopt a resolution to that effect and shall
redefine the boundaries of the sanitary district. (1927, c. 100,
s. 24; 1943, c. 543; 1947, c. 463, s. 1; 1951, c. 897, s. 1;
1957, c. 1357, s. 1; 1959, c. 1189, s. 2; 1961, c. 732; 1973, c.
476, s. 128; 1981, c. 186, s. 5; 1983, c. 891, s. 2.)
§130A-70. District and municipality extending boundaries and
corporate limits simultaneously.
(a) When the boundaries of a sanitary district lie entirely
within or are coterminous with the corporate limits of a city or
town and the sanitary district provides the only public water
supply and sewage disposal system for the city or town, the
boundaries of the sanitary district and the corporate limits of
the city or town may be extended simultaneously as provided in
this section.
(b) Twenty-five percent (25%) or more of the resident
freeholders within the territory proposed to be annexed to the
sanitary district and to the city or town may petition the
sanitary district board and the governing board of the city or
town setting forth the boundaries of the area proposed to be
annexed and the objects annexation is proposed to accomplish. The
petition may also include any area already within the corporate
limits of the city or town but not already within the boundaries
of the sanitary district. Upon receipt of the petition, the
sanitary district board and the governing board of the city or
town shall meet jointly and shall hold a public hearing prior to
approval of the petition. Notice of the hearing shall be made by
posting a notice at the courthouse door of the county or counties
and by publishing a notice at least once a week for four
consecutive weeks in a newspaper with a circulation in the county
or counties. If at or after the public hearing the sanitary
district board and the governing board of the city or town,
acting jointly, shall each approve the petition, the petition
shall be submitted to the Commission for approval. If the
Commission approves the petition, the question shall be submitted
to a vote of all voters in the area or areas proposed to be
annexed voting as a whole. The election shall be held on a date
approved by the sanitary district board and by the governing
board of the city or town.
(c) The words "For Extension" and "Against Extension" shall
be printed on the ballots for the election. A majority of all the
votes cast is necessary for a district and municipality to extend
boundaries and corporate limits simultaneously.
(d) After declaration of the extension, the territory and
its citizens and property shall be subject to all debts,
ordinances and rules in force in the sanitary district and in the
city or town, and shall be entitled to the same privileges and
benefits as other parts of the sanitary district and the city or
town. The newly annexed territory shall be subject to the
sanitary district and the city or town taxes levied for the
fiscal year following the date of annexation.
(e) The costs of holding and conducting the election for
annexation pursuant to this section, shall be shared equally by
the sanitary district and by the city or town.
(f) The sanitary district board and the governing board of
the city or town acting jointly, may order the board or boards of
elections of the county or counties in which the sanitary
district and the city or town are located, to call, hold, conduct
and certify the result of the election, according to the
provisions of Chapter 163 of the General Statutes.
(g) When the boundaries of a sanitary district and the
corporate limits of a city or town are extended as provided in
this section, and the proposition of issuing bonds of the
sanitary district as enlarged has not been approved by the voters
at an election held within one year subsequent to the extension,
the annexed territory may be removed and excluded from the
sanitary district in the manner provided in G.S. 130A-69. If the
petition includes areas within the present corporate limits of
the city or town but not within the present boundaries of the
sanitary district, these areas shall not be removed or excluded
from the city or town under the provisions of this section.
(h) The powers granted by this section shall be supplemental
and additional to powers conferred by any other law and shall not
be regarded as in derogation to any powers now existing. (1953,
c. 977; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1981, c. 186,
s. 6; 1983, c. 891, s. 2.)
§130A-71. Procedure for withdrawing from district.
Fifty-one percent (51%) or more of the resident freeholders
of a portion of a sanitary district which has no outstanding
indebtedness, with the approval of the sanitary district board,
may petition the county board of commissioners of the county in
which a major portion of the petitioners reside, that the
identified portion of the district be removed and excluded from
the district. If the county board of commissioners approves the
petition, an election shall be held in the entire district on the
question of exclusion. A majority of all the votes cast is
necessary for a district to be removed and excluded from a
sanitary district. The county board of commissioners shall notify
the Commission who shall remove and exclude the portion of the
district, and redefine the limits accordingly. (1957, c. 1357, s.
1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-72. Dissolution of certain sanitary districts.
Fifty-one percent (51%) or more of the resident freeholders
of a sanitary district which has no outstanding indebtedness may
petition the board of commissioners of the county in which all or
the greater portion of the resident freeholders of the district
are located to dissolve the district. Upon receipt of the
petition, the county board of commissioners shall notify the
Department and the chairperson of the county board of
commissioners of any other county or counties in which any
portion of the district lies, of the receipt of the petition, and
shall request that the Department hold a joint public hearing
with the county commissioners concerning the dissolution of the
district. The Secretary and the chairperson of the county board
of commissioners shall name a time and place within the district
for the public hearing. The county board of commissioners shall
give prior notice of the hearing by posting a notice at the
courthouse door of the county or counties and by publication in a
newspaper or newspapers with circulation in the county or
counties at least once a week for four consecutive weeks. If all
matters pertaining to the dissolution of the sanitary district
cannot be concluded at the hearing, the hearing may be continued
to a time and place determined by the Department. If after the
hearing, the Commission and the county board or boards of
commissioners deem it advisable to comply with the request of the
petition, the Commission shall adopt a resolution to dissolve the
sanitary district. The sanitary district board of the dissolved
district is authorized to convey all assets, including cash, to
any county, municipality, or other governmental unit, or to any
public utility company operating or to be operated under the
authority of a certificate of public convenience and necessity
granted by the North Carolina Utilities Commission in return for
the assumption of the obligation to provide water and sewage
services to the area served by the district at the time of
dissolution. (1943, c. 620; 1951, c. 178, s. 2; 1957, c. 1357, s.
1; 1967, c. 4, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-73. Dissolution of sanitary districts having no
outstanding indebtedness and located wholly within or coterminous
with corporate limits of city or town.
When the boundaries of a sanitary district which has no
outstanding indebtedness are entirely located within or
coterminous with the corporate limits of a city or town,
fifty-one percent (51%) or more of the resident freeholders
within the district may petition the board of commissioners
within the county in which all or the greater portion of the
resident freeholders of the district are located to dissolve the
district. Upon receipt of the petition, the board of
commissioners shall notify the Department, the chairperson of the
board of commissioners of any other county or counties in which
any portion of the district lies and the governing body of the
city or town within which the district lies of the receipt of the
petition, and shall request that the Department hold a joint
public hearing with the board or boards of commissioners and the
governing body of the city or town. The Secretary, the
chairperson of the board of commissioners of the county in which
all or the greater portion of the resident freeholders are
located and the presiding officer of the governing body of the
city or town shall name a time and place within the boundaries of
the district and the city or town for the public hearing. The
county board of commissioners shall give notice of the hearing by
posting prior notice at the courthouse door of the county or
counties and also by publication in a newspaper or newspapers
circulating in the district at least once a week for four
consecutive weeks. If all matters pertaining to the dissolution
of the sanitary district cannot be concluded at the hearing, the
hearing may be continued to a time and place determined by the
Department. If, after the hearing, the Commission, the county
board or boards of commissioners and the governing body of the
city or town shall deem it advisable to comply with the request
of the petition, the Commission shall adopt a resolution
dissolving the district. All taxes levied by the sanitary
district which were levied prior to but which are collected after
the dissolution shall vest in the city or town. All property
held, owned, controlled or used by the sanitary district upon the
dissolution or which may later be vested in the sanitary
district, and all judgments, liens, rights and causes of actions
in favor of the sanitary district shall vest in the city or town.
At the dissolution, taxes owed to the sanitary district shall be
collected by the city or town. (1963, c. 512, s. 1; 1973, c. 476,
s. 128; 1983, c. 891, s. 2.)
§ 130A-73.1. Dissolution of sanitary districts having
no outstanding indebtedness and located wholly within or
coterminous with corporate limits of city or town.
(a) When the boundaries of a sanitary district that (i) is
located entirely within one county, (ii) has no outstanding
indebtedness, (iii) at the time of its creation was not located
entirely within or coterminous with the corporate limits of a
city or town, (iv) has not provided any water or sewer service
for at least five years, (v) did not levy any ad valorem tax in
the current year, (vi) has been for at least five years entirely
located within or coterminous with the corporate limits of a city
or town, and (vii) at the time of the annexation of the area of
the district by that city or town, the city or town assumed all
assets and liabilities of the district, the board of that
district by unanimous vote may petition the board of
commissioners of the county in which the district is located to
dissolve the district. Upon receipt of the petition, the board of
commissioners shall notify the Department and the governing body
of the city or town within which the district lies of the receipt
of the petition. If the Commission, the county board of
commissioners, and the governing body of the city or town shall
deem it advisable to comply with the request of the petition, the
Commission shall adopt a resolution dissolving the district. All
taxes levied by the sanitary district that were levied prior to,
but that are collected after, the dissolution shall vest in the
city or town. All property held, owned, controlled, or used by
the sanitary district upon the dissolution or that may later be
vested in the sanitary district, and all judgments, liens,
rights, and causes of actions in favor of the sanitary district
shall vest in the city or town. At the dissolution, taxes owed to
the sanitary district shall be collected by the city or town.
(b) The procedure for the dissolution of a sanitary
district set out in this section is an alternative to the
procedure set out in G.S. 130A-73 and any sanitary district to
which both that section and this section apply may be dissolved
under either section. (1998-123, s. 1.)
§130A-74. Validation of creation of districts.
All actions prior to June 6, 1961, taken by the county
boards of commissioners[,] by the State Board of Health, by any
officer or by any other agency, board or officer of the State in
the formation and creation of sanitary districts in the State,
and the formation and creation, or the attempted formation and
creation of any sanitary districts are in all respects validated.
These sanitary districts are declared lawfully formed and created
and in all respects legal and valid sanitary districts. (1953, c.
596, s. 1; 1957, c. 1357, s. 1; 1961, c. 667, s. 1; 1983, c. 891,
s. 2.)
§130A-75. Validation of extension of boundaries of
districts.
(a) All actions prior to April 1, 1957, taken by the State
Board of Health, a county board of commissioners, and a sanitary
district board for the purpose of extending the boundaries of a
sanitary district where the territory which was annexed contained
no resident freeholders, and where the owner or owners of the
real property annexed requested of the sanitary district board
that the territory be annexed to the sanitary district, are
validated, notwithstanding any lack of power to perform these
acts or proceedings, and notwithstanding any defect or
irregularity in the acts or proceedings.
(b) All actions and proceedings prior to April 1, 1979,
taken by the State Board of Health, the Commission, a board of
county commissioners and a sanitary district board for the
purpose of annexing additional territory to a sanitary district
or with respect to the annexation are validated notwithstanding
any lack of power to perform these acts or proceedings or any
defect or irregularity in any acts or proceedings; these sanitary
districts are lawfully extended to include this additional
territory. (1959, c. 415, s. 2; 1975, c. 712, s. 1; 1979, 2nd
Sess., c. 1079, s. 1; 1983, c. 891, s. 2.)
§130A-76. Validation of dissolution of districts.
All actions prior to January 1, 1981, taken by a county
board of commissioners, by the State Board of Health or
Commission, by an officer or by any other agency, board or
officer of the State in the dissolution of a sanitary district
and the dissolution or attempted dissolution of a sanitary
district are validated. (1953, c. 596, s. 2; 1957, c. 1357, s. 1;
1981, c. 20, ss. 1, 2; 1983, c. 891, s. 2.)
§130A-77. Validation of bonds of districts.
All actions and proceedings prior to April 1, 1979, taken,
and all elections held in a sanitary district or in a district
purporting to be a legal sanitary district by virtue of the
purported authority and acts of a county board of commissioners,
State Board of Health, Commission, or any other board, officer or
agency for the purpose of authorizing, selling or issuing the
bonds of the sanitary district, and all bonds at any time issued
by or on behalf of a sanitary district, are in all respects
validated. These bonds are declared to be the legal and binding
obligations of the sanitary district. (1953, c. 596, s. 3; 1957,
c. 1357, s. 1; 1979, 2nd Sess., c. 1079, s. 2; 1983, c. 891, s.
2.)
§130A-78. Tax levy for validated bonds.
Sanitary districts are authorized to make appropriations and
to levy annually a tax on property having a situs in the district
under the rules and according to the procedure prescribed in the
Machinery Act for the purpose of paying the principal of and
interest on bonds validated in G.S. 130A-77. The tax shall be
sufficient for this purpose and shall be in addition to all other
taxes which may be levied upon the taxable property in the
sanitary district. (1945, c. 89, s. 3; 1957, c. 1357, s. 1; 1973,
c. 803, s. 17; 1983, c. 891, s. 2.)
§130A-79. Validation of appointment or election of members of
district boards.
(a) All actions and proceedings prior to June 6, 1961, taken
in the appointment or election of members of a sanitary district
board are validated. Members of these boards shall have all the
powers and may perform all the duties required or permitted of
them to be pursuant to this Part.
(b) All actions and proceedings prior to May 1, 1959, taken
in the appointment or election of members of a sanitary district
board and the appointment or election of members are validated.
Members of these boards shall have all the powers and may perform
all the duties required or permitted of them pursuant to the
provisions of this Part. (1953, c. 596, s. 4; 1957, c. 1357, s.
1; 1959, c. 415, s. 1; 1961, c. 667, s. 2; 1983, c. 891, s. 2.)
§ 130A-80. Merger of district with contiguous city or
town; election.
A sanitary district may merge with a contiguous city or town
in the following manner:
(1) The sanitary district board and the governing board of
the city or town may resolve that it is advisable to call an
election within both the sanitary district and the city or town
to determine if the sanitary district and the city or town should
merge;
(2) If the sanitary district board and the governing board
of the city or town resolve that it is advisable to call for an
election, both boards shall adopt a resolution requesting the
board of commissioners in the county or counties in which the
district and the town or city or any portion is located to hold
an election on a date named by the sanitary district board and
the governing board of the city or town after consultation with
the appropriate board or boards of elections. The election shall
be held within the sanitary district and the city or town on the
question of merger;
(3) The county board or boards of commissioners shall
request the appropriate board or boards of elections to hold and
conduct the election. All voters of the city or town and the
sanitary district shall be eligible to vote if the election is
called in both areas as authorized in subsection (1);
(4) Notice of the election shall be given as required in
G.S. 163- 33(8). The board or boards of elections may use either
method of registration set out in G.S. 163-288.2;
(5) If an election is called as provided in subsection (2),
the board or boards of elections shall provide ballots for the
election in substantially the following form:
"[] FOR merger of the Town of . . . . . . . . . . . . and
the . . . . . . . . . Sanitary District, if a majority of the
registered voters of both the Sanitary District and the Town vote
in favor of merger, the combined territories to be known as the
Town of . . . . . . . . . . . . and to assume all of the
obligations of the Sanitary District and to receive from the
Sanitary District all the property rights of the District; from
and after merger residents of the District would enjoy all of the
benefits of the municipality and would assume their proportionate
share of the obligations of the Town as merged.
[] AGAINST merger."
(6) A majority of all the votes cast by voters of the
sanitary district and a majority of all the votes cast by voters
of the city or town is necessary for the merger of a sanitary
district with the city or town. The merger shall be effective on
July 1 following the election. If a majority of the votes cast in
either the sanitary district or the city or town vote against the
merger, any election on similar propositions of merger may not
occur until one year from the date of the last election.
(7) Upon the merger of a sanitary district and a city or
town pursuant to this section, the city or town shall assume all
obligations of the sanitary district and the sanitary district
shall convey all property rights to the city or town. The vote
for merger shall include a vote for the city or town to assume
the obligations of the district. The sanitary district shall
cease to exist as a political subdivision from and after the
effective date of the merger. After the merger, the residents of
the sanitary district enjoy all of the benefits of the
municipality and shall assume their share of the obligations of
the city or town. All taxes levied and collected by the city or
town from and after the effective date of the merger shall be
levied and collected uniformly in all the territory included in
the enlarged municipality; and
(8) If merger is approved, the governing board of the city
or town shall determine the proportion of the district's
indebtedness, if any, which was incurred for the construction of
water systems and the proportion which was incurred for
construction of sewage disposal systems. The governing board
shall send a certified copy of the determination to the local
government commission in order that the Commission and the
governing body of the merged municipality can determine the net
debt of the merged municipality as required by G.S. 159-55.
(1961, c. 866; 1981, c. 186, s. 7; 1983, c. 891, s. 2; 1987, c.
314, s. 1.)
§ 130A-80.1. Merger of district with coterminous city or town;
election.
A sanitary district may merge with a coterminous city or
town in the following manner:
(1) The sanitary district board and the governing
board of the city or town may resolve that it is advisable to
call an election within the area of the sanitary district and the
city or town to determine if the sanitary district and the city
or town should merge;
(2) If the sanitary district board and the
governing board of the city or town resolve that it is advisable
to call for an election, both boards shall adopt a resolution
requesting the board of commissioners in the county or counties
in which the district and the town or city or any portion is
located to hold an election on a date named by the sanitary
district board and the governing board of the city or town after
consultation with the appropriate board or boards of elections.
The election shall be held within the sanitary district and the
city or town on the question of merger;
(3) The county board or boards of commissioners
shall request the appropriate board or boards of elections to
hold and conduct the election. All voters of the city or town and
the sanitary district shall be eligible to vote;
(4) Notice of the election shall be given as
required in G.S. 163-33(8);
(5) The board or boards of elections shall provide
ballots for the election in substantially the following form:
"[] FOR merger of the Town of . . . . . . . . . .
and the . . . . . . . . . Sanitary District, if a majority of the
registered voters vote in favor of merger, the area to be known
as the Town of . . . . . . . . . . . and to assume all of the
obligations of the Sanitary District and to receive from the
Sanitary District all the property rights of the District.
[] AGAINST merger."
(6) A majority of all the votes cast is necessary
for the merger of a sanitary district with the city or town. The
merger shall be effective on July 1 following the election. If a
majority of the votes cast is not in favor of the merger, an
election on merger may not occur until one year from the date of
the last election.
(7) Upon the merger of a sanitary district and a
city or town pursuant to this section, the city or town shall
assume all obligations of the sanitary district and the sanitary
district shall convey all property rights to the city or town.
The vote for merger shall include a vote for the city or town to
assume the obligations of the district. The sanitary district
shall cease to exist as a political subdivision from and after
the effective date of the merger; and
(8) If merger is approved, the governing board of
the city or town shall determine the proportion of the district's
indebtedness, if any, which was incurred for the construction of
water systems and the proportion which was incurred for
construction of sewage disposal systems. The governing board
shall send a certified copy of the determination to the Local
Government Commission in order that the Commission and the
governing body of the merged municipality can determine the net
debt of the merged municipality as required by G.S. 159-55.
(1989, c. 194, s. 1.)
§ 130A-80.2. Merger of district with noncoterminous
city or town it is contained wholly within; election.
A sanitary district may merge with a city or town which it
is contained wholly within, but where the sanitary district and
the city or town do not have coterminous boundaries, in the
following manner:
(1) The sanitary district board and the governing
board of the city or town may resolve that it is advisable to
call an election within both the sanitary district and the city
or town to determine if the sanitary district and the city or
town should merge;
(2) If the sanitary district board and the
governing board of the city or town resolve that it is advisable
to call for an election, both boards shall adopt a resolution
requesting the board of commissioners in the county or counties
in which the district and the town or city or any portion is
located to hold an election on a date named by the sanitary
district board and the governing board of the city or town after
consultation with the appropriate board or boards of elections.
The election shall be held within the sanitary district and the
city or town on the question of merger;
(3) The county board or boards of commissioners
shall request the appropriate board or boards of elections to
hold and conduct the election. All voters of the city or town and
the sanitary district shall be eligible to vote if the election
is called in both areas as authorized in subdivision (1);
(4) Notice of the election shall be given as
required in G.S. 163-33(8). The board or boards of elections may
use either method of registration set out in G.S. 163-288.2;
(5) If an election is called as provided in
subsection (2), the board or boards of elections shall provide
ballots for the election in substantially the following form:
"[] FOR merger of the Town of . . . . . . . .
. and the . . . . . . . . Sanitary District, if a majority of the
registered voters of both the Sanitary District and the Town vote
in favor of merger, the combined territories to be known as the
Town of . . . . . . . . . . . . and to assume all of the
obligations of the Sanitary District and to receive from the
Sanitary District all the property rights of the District; from
and after merger residents of the District would enjoy all of the
benefits of the municipality and would assume their proportionate
share of the obligations of the Town as merged.
[] AGAINST merger."
(6) A majority of all the votes cast by voters of
the sanitary district and a majority of all the votes cast by
voters of the city or town is necessary for the merger of a
sanitary district with the city or town. The merger shall be
effective on July 1 following the election. If a majority of the
votes cast in either the sanitary district or the city or town
vote against the merger, any election on similar propositions of
merger may not occur until one year from the date of the last
election.
(7) Upon the merger of a sanitary district and a
city or town pursuant to this section, the city or town shall
assume all obligations of the sanitary district and the sanitary
district shall convey all property rights to the city or town.
The vote for merger shall include a vote for the city or town to
assume the obligations of the district. The sanitary district
shall cease to exist as a political subdivision from and after
the effective date of the merger. After the merger, the residents
of the sanitary district enjoy all of the benefits of the
municipality and shall assume their share of the obligations of
the city or town. All taxes levied and collected by the city or
town from and after the effective date of the merger shall be
levied and collected uniformly in all the territory included in
the enlarged municipality; and
(8) If merger is approved, the governing board of
the city or town shall determine the proportion of the district's
indebtedness, if any, which was incurred for the construction of
water systems and the proportion which was incurred for
construction of sewage disposal systems. The governing board
shall send a certified copy of the determination to the Local
Government Commission in order that the Commission and the
governing body of the merged municipality can determine the net
debt of the merged municipality as required by G.S. 159-55.
(1989, c. 194, s. 2.)
§ 130A-80.3. Merger of district with contiguous metropolitan
water district.
(a) A sanitary district may merge with a contiguous, but
not coterminous, metropolitan water district organized under
Article 4 of Chapter 162A of the General Statutes in the
following manner, but only if the metropolitan water district has
no outstanding indebtedness:
(1) The sanitary district board and the district
board of the metropolitan water district shall resolve that it is
advisable for the sanitary district and the metropolitan water
district should merge;
(2) If the sanitary district board and the district
board of the metropolitan water district resolve that it is
advisable to merge, they shall call a public hearing on the
merger. Each of such boards shall hold a public hearing on the
question of merger, and advertisement of the public hearing shall
be published at least 10 days before the public hearing;
(3) After the public hearing, if the sanitary
district board and the district board of the metropolitan water
district by resolution approve the merger, the merger shall be
effective on July 1 following the adoption of the resolution;
(4) Upon the merger of a sanitary district and a
metropolitan water district pursuant to this section, the
sanitary district shall assume all obligations of the
metropolitan water district, and the metropolitan water district
shall convey all property rights to the sanitary district. The
metropolitan water district shall cease to exist as a political
subdivision from and after the effective date of the merger.
After the merger, the residents of the metropolitan water
district enjoy all of the benefits of the sanitary district and
shall assume their share of the obligations of the sanitary
district. All taxes levied and collected by the sanitary
district from and after the effective date of the merger shall be
levied and collected uniformly in all the territory included in
the enlarged sanitary district; and
(5) Certified copies of the merger resolutions
shall be filed with the Commission for Health Services.
(b) At the same time as approving the resolution of merger,
the district board of the metropolitan water district shall
designate by resolution two of its members to serve on an
expanded sanitary district board from and after the date of the
merger.
(c) If the sanitary district board serves staggered four-
year terms, the resolution shall designate one of those two
persons to serve until the organizational meeting after the next
election of a sanitary district board, and the other to serve
until the organizational meeting after the second succeeding
election of a sanitary district board. Successors shall be
elected by the qualified voters of the sanitary district for four-
year terms.
(d) If the sanitary district board serves nonstaggered four-
year terms, or serves two-year terms, the two persons shall serve
until the organizational meeting after the next election of a
sanitary district board. Successors shall be elected by the
qualified voters of the sanitary district for terms of the same
length as other sanitary district board members.
(e) When a sanitary district and metropolitan water district
are merged under this section, the sanitary district board may
change the name of the sanitary district. Notice of such name
change shall be filed with the Commission for Health Services.
(1989, c. 194, s. 3.)
§130A-81. Incorporation of municipality and simultaneous
dissolution of sanitary district, with transfer of assets and
liabilities from the district to the municipality.
The General Assembly may incorporate a municipality, which
includes within its boundaries or is coterminous with a sanitary
district and provide for the simultaneous dissolution of the
sanitary district and the transfer of the district's assets and
liabilities to the municipality, in the following manner:
(1) The incorporation act shall define the boundaries of the
proposed municipality; shall set the date for and provide for a
referendum on the incorporation of the proposed municipality and
dissolution of the sanitary district; shall provide for
registration of voters in the area of the proposed municipality
in accordance with G.S. 163-288.2; shall set a proposed effective
date for the incorporation of the municipality and the
dissolution of the sanitary district; shall establish the form of
government for the proposed municipality and the composition of
its governing board, and provide for transitional arrangements
for the sanitary district to the municipality; and may include
any other matter appropriate to a municipal charter.
(1a) As an alternate to subdivision (1) of this section, the
incorporation act shall define the boundaries of the proposed
municipality; shall provide that the incorporation is not subject
to referendum; shall set a proposed effective date for the
incorporation of the municipality and the dissolution of the
sanitary district; shall establish the form of government for the
proposed municipality and the composition of its governing board,
and provide for transitional arrangements for the sanitary
district to the municipality, and may include any other matter
appropriate to a municipal charter. If this subdivision is
followed instead of subdivision (1), then the municipality shall
be incorporated and the sanitary district simultaneously
dissolved at 12 noon on the date set for incorporation in the
incorporation act, and the provisions of paragraphs a through g
of subdivision (5) of this section shall apply.
(2) The referendum shall be conducted by the board of
elections of the county in which the proposed municipality is
located. If the proposed municipality is located in more than one
county, the board of elections of the county which has the
greatest number of residents of the proposed municipality shall
conduct the referendum. The board of election shall conduct the
referendum in accordance with this section and the provisions of
the incorporation act.
(3) The form of the ballot for a referendum under this
section shall be substantially as follows:
"[] FOR incorporation of the Town (City) of . . . . . . . .
. . and the simultaneous dissolution of the . . . . . . . . . .
Sanitary District, with transfer of the District's assets and
liabilities to the Town (City), and assumption of the District's
indebtedness by the Town (City).
[] AGAINST incorporation of the Town (City) of . . . . . .
. . . . and the simultaneous dissolution of the . . . . . . . . .
. Sanitary District, with transfer of the District's assets and
liabilities, to the Town (City), and assumption of the District's
indebtedness by the Town (City)."
(4) If a majority of those voting in the referendum vote in
favor of incorporating the proposed municipality and dissolving
the sanitary district, the board of elections shall notify the
Department and the Local Government Commission of the date on
which the municipality will be incorporated and the sanitary
district dissolved and shall state that all assets and
liabilities of the sanitary district will be transferred to the
municipality and that the municipality will assume the district's
indebtedness.
(5) If a majority of those voting in the referendum vote in
favor of incorporating the proposed municipality and dissolving
the sanitary district, the municipality shall be incorporated and
the sanitary district shall be simultaneously dissolved at 12
noon on the date set for incorporation in the incorporation act.
At that time:
a. The sanitary district shall cease to exist as a body
politic and corporate;
b. All property, real, personal and mixed, belonging to the
sanitary district vests in and is the property of the
municipality;
c. All judgments, liens, rights and courses of action in
favor of the sanitary district vest in favor of the municipality;
d. All rentals, taxes, assessments and other funds, charges
or fees owed to the sanitary district are owed to and may be
collected by the municipality;
e. Any action, suit, or proceeding pending against, or
instituted by the sanitary district shall not be abated by its
dissolution, but shall be continued and completed in the same
manner as if dissolution had not occurred. The municipality shall
be a party to these actions, suits and proceedings in the place
of the sanitary district and shall pay any judgment rendered
against the sanitary district in any of these actions or
proceedings. No new process need be served in any of the actions,
suits or proceedings;
f. All obligations of the sanitary district, including
outstanding indebtedness, are assumed by the municipality, and
all the obligations and outstanding indebtedness are constituted
obligations and indebtedness of the municipality. The full faith
and credit of the municipality is deemed to be pledged for the
payment of the principal of and interest on all general
obligation bonds and bond anticipation notes of the sanitary
district, and all the taxable property within the municipality
shall remain subject to taxation for these payments; and
g. All rules of the sanitary district shall continue in
effect until repealed or amended by the governing body of the
municipality.
(6) The transition between the sanitary district and the
municipality shall be provided for in the incorporation act of
the municipality. (1971, c. 737, 1973, c. 476, s. 128; 1983, c.
891, s. 2; 1985, c. 375.)
§130A-82. Dissolution of sanitary districts; referendum.
(a) A county board of commissioners in counties having a
population in excess of 275,000 may dissolve a sanitary district
by holding a referendum on the questions of dissolution and
assumption by the county of any outstanding indebtedness of the
district. The county board of commissioners may dissolve a
sanitary district which has no outstanding indebtedness when the
members of the district shall vote in favor of dissolution.
(b) Before the dissolution of any district shall be
approved, a plan for continued operation and provision of all
services and functions being performed or rendered by the
district shall be adopted and approved by the board of county
commissioners.
(c) No plan shall be adopted unless at the time of its
adoption any water system or sanitary sewer system being operated
by the district is in compliance with all local, State and
federal rules and regulations, and if the system is to be
serviced by a municipality, the municipality shall first approve
the plan.
(d) When all actions relating to dissolution of the sanitary
district have been completed, the chairperson of the county board
of commissioners shall notify the Department. (1973, c. 476, s.
128; c. 951; 1983, c. 891, s. 2.)
§ 130A-83. Merger of two contiguous sanitary
districts.
Two contiguous sanitary districts may merge in the following
manner:
(1) The sanitary district board of each sanitary district
must first adopt a common proposed plan of merger. The plan shall
contain the name of the new or successor sanitary district,
designate the members of the merging boards who shall serve as
the interim sanitary district board for the new or successor
district until the next election required by G.S. 130A-50(b) and
163-279, and any other matters necessary to complete the merger.
(2) The merger may become effective only if approved by the
voters of the two sanitary districts. In order to call an
election, both boards shall adopt a resolution calling upon the
board of county commissioners in the county or counties in which
the districts are located to call for an election on a date named
by the sanitary district boards after consultation with the
appropriate boards of election. The board or boards of
commissioners shall hold an election on the proposed merger of
the sanitary districts.
(3) The county board or boards of commissioners shall
request the appropriate board of elections to hold and conduct
the elections. All voters of the two sanitary districts shall be
eligible to vote.
(4) Notice of the elections shall be given as required in
G.S. 163-33(8). The board of elections may use the method of
registration set out in G.S. 163-288.2.
(5) If an election is called as provided in subsection (2),
the board or boards of elections shall provide ballots for the
election in substantially the following form:
"[] FOR the merger of the . . . . . . . . . . . . Sanitary
District and the. . . . . . . . Sanitary District into a single
district to be known as the . . . . . . . . Sanitary District, in
which all the property, assets, liabilities, obligations, and
indebtedness of the two districts become the property, assets,
liabilities, obligations, and indebtedness of the . . . . . . . .
Sanitary District.
[] AGAINST the merger of the . . . . . . . . Sanitary
District and the. . . . . . . . Sanitary District into a single
district to be known as the . . . . . . . . Sanitary District, in
which all the property, assets, liabilities, obligations, and
indebtedness of the two districts become the property, assets,
liabilities, obligations, and indebtedness of the . . . . . . . .
Sanitary District."
(6) If a majority of all the votes cast in each sanitary
district vote in favor of the merger, the two sanitary districts
shall be merged on July 1 following the election. Should the
majority of the votes cast in either sanitary district be against
the proposition, the sanitary districts shall not be merged. If a
majority of the votes cast in either sanitary district are
against the merger, any election on similar propositions of
merger may not occur until one year from the date of the last
election.
(7) Upon the merger of two sanitary districts pursuant to
this section and the creation of a new district, the merger
becomes effective at 12 noon on the following July 1. At that
time:
a. The two sanitary districts shall cease to exist as bodies
politic and corporate, and the new sanitary district exists as a
body politic and corporate.
b. All property, real, personal and mixed, belonging to the
sanitary districts vests in and is the property of the new
sanitary district.
c. All judgments, liens, rights of liens and causes of
action in favor of either sanitary district vest in the new
sanitary district.
d. All rentals, taxes, assessments and other funds, charges
or fees owed to either of the sanitary districts are owed to and
may be collected by the new sanitary district.
e. Any action, suit, or proceeding pending against, or
having been instituted by, either of the sanitary districts shall
not be abated by its dissolution, but shall be continued and
completed in the same manner as if dissolution had not occurred.
The new sanitary district shall be a party to all these actions,
suits and proceedings in the place of the dissolved sanitary
district and shall pay any judgment rendered against either of
the sanitary districts in any of these actions or proceedings. No
new process need be served in any of the actions, suits or
proceedings.
f. All obligations of either of the sanitary districts,
including any outstanding indebtedness, are assumed by the new
sanitary district and all the obligations and outstanding
indebtedness are constituted obligations and indebtedness of the
new sanitary district. The full faith and credit of the new
sanitary district is deemed to be pledged for the punctual
payment of the principal of and interest on all general
obligation bonds and bond anticipation notes of either of the
sanitary districts, and all the taxable property within the new
sanitary district shall remain subject to taxation for these
payments.
g. All rules of either of the sanitary districts shall
continue in effect until repealed or amended by the governing
body of the new sanitary district.
(8) Upon the merger of two sanitary districts pursuant to
this section when one district is to be dissolved and the other
district is to be a successor covering the territory of both, the
merger becomes effective at 12 noon on the following July 1. At
that time:
a. One sanitary district shall cease to exist as a body
politic and corporate, and the successor sanitary district
continues to exist as a body politic and corporate.
b. All property, real, personal and mixed, belonging to the
sanitary districts vests in, and is the property of the successor
sanitary district.
c. All judgments, liens, rights of liens and causes of
action in favor of either sanitary district vest in the successor
sanitary district.
d. All rentals, taxes, assessments and other funds, charges
or fees owed either of the sanitary districts are owed to and may
be collected by the successor sanitary district.
e. Any action, suit, or proceeding pending against, or
instituted by either of the sanitary districts shall not be
abated by its dissolution, but shall be continued and completed
in the same manner as if dissolution had not occurred. The
successor sanitary district shall be a party to all these
actions, suits and proceedings in the place of the dissolved
sanitary district and shall pay any judgment rendered against the
sanitary district in any of these actions or proceedings. No new
process need be served in any of the actions, suits or
proceedings.
f. All obligations of either of the sanitary districts,
including any outstanding indebtedness, are assumed by the
successor sanitary district and all the obligations and
outstanding indebtedness are constituted obligations and
indebtedness of the successor sanitary district. The full faith
and credit of the successor sanitary district is deemed to be
pledged for the punctual payment of the principal of and interest
on all general obligation bonds and bond anticipation notes of
either of the sanitary districts, and all the taxable property
within the successor sanitary district shall be and remain
subject to taxation for these payments.
g. All rules of either of the sanitary districts shall
continue in effect until repealed or amended by the governing
body of the successor sanitary district. (1981, c. 951; 1983, c.
891, s. 2; 1987, c. 314, s. 2.)
§130A-84. Withdrawal of water.
A sanitary district is empowered to engage in litigation or
to join with other parties in litigation opposing the withdrawal
of water from a river or other water supply. (1983, c. 891, s.
2.)
§ 130A-85. Further dissolution procedures.
(a) The County Board of Commissioners may dissolve a
Sanitary District located entirely within one county upon the
following conditions:
(1) There are 500 or less resident freeholders
residing within the District;
(2) The District has no outstanding bonded
indebtedness;
(3) The Board of Commissioners agrees to assume and
pay any other outstanding legal indebtedness of the District;
(4) The Board of Commissioners adopts a plan
providing for continued operation and provision of all services
previously being performed or rendered to the District. No plan
shall be adopted unless at the time of its adoption any water and
sewer or sanitary system being operated by the District is in
compliance with all local, State, and federal rules and
regulations; and
(5) The Board of Commissioners adopts a resolution
finding that the interest of the citizens of the Sanitary
District and the county will be best served if the operation and
the services provided by the District were provided for by the
Board of Commissioners.
(a1) The County Board of Commissioners may dissolve a
Sanitary District located entirely within one county and for
which no District Board members have been elected within eight
years preceding dissolution, upon the following conditions:
(1) The District has no outstanding legal
indebtedness;
(2) The Board of Commissioners adopts a plan
providing for continued operation and provision of all services,
if any, previously being performed or rendered to the District.
No plan shall be adopted unless at the time of its adoption any
water and sewer or sanitary system being operated by the District
is in compliance with all local, State, and federal rules and
regulations; and
(3) The Board of Commissioners adopts a resolution
finding that the interest of the citizens of the Sanitary
District and the county will be best served if the operation and
the services provided by the District are provided for by the
Board of Commissioners.
When all actions relating to dissolution of the sanitary district
have been completed, the chairperson of the County Board of
Commissioners shall notify the Department.
(b) Prior to taking action to dissolve a Sanitary District,
the Board of Commissioners shall hold a public hearing concerning
dissolution of the District. The County Board of Commissioners
shall give notice of the hearing by publication of notice thereof
in a newspaper or newspapers with general circulation in the
county, once per week for three consecutive weeks. If, after the
hearing, the Board of Commissioners deems it advisable to
dissolve the District, they shall thereafter adopt the resolution
and plan provided for herein.
During the period commencing with the first publication of
notice of the public hearing as herein provided, and for a period
of 60 days following the public hearing, the Board of
Commissioners of the District may not enter into any contracts,
incur any indebtedness or pledge, or encumber any of the
District's assets except in the ordinary course of business.
(c) Upon adoption of the resolution provided for herein,
all property, real, personal, and mixed, belonging to the
District vests in and becomes the property of the county; all
judgments, liens, rights of liens and causes of action in favor
of the District vests in the county; and all rentals, taxes and
assessments and other funds, charges or fees owed to the District
may be collected by the county.
(d) Following dissolution of the District, the county may
operate, maintain, and extend the services previously provided
for by the District either:
(1) As a part of county government; or
(2) As a service district created on or after
January 1, 1987, under Article 16 of Chapter 153A of the General
Statutes to serve at least the area of the Sanitary District.
In lieu thereof, the services may be provided by any
authority or district created after January 1, 1987, under this
Article, or Articles 1, 4, 5 or 6 of Chapter 162A of the General
Statutes to serve at least the area of the District. In such
case, the county may convey the property, including all
judgments, liens, rights of liens, causes of action, rentals,
taxes and assessments mentioned in subsection (c) of this
section, to that authority or District. (1987, c. 521; 1991, c.
417.)
ARTICLE 3.
State Laboratory of Public Health.
§ 130A-88. Laboratory established.
(a) A State Laboratory of Public Health is established
within the Department. The Department is authorized to make
examinations, and provide consultation and technical assistance
as the public health may require.
(b) The Commission shall adopt rules necessary for the
operation of the State Laboratory of Public Health. (1905, c.
415; Rev., s. 3057; 1907, cc. 721, 884; 1911, c. 62, s. 36; C.S.,
s. 7056; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1979, c. 788,
s. 3; 1983, c. 891, s. 2.)
§130A-89. Reserved for future codification purposes.
ARTICLE 4.
Vital Statistics.
§130A-90. Vital statistics program.
The Department shall maintain a Vital Statistics Program
which shall operate the only system of vital records registration
throughout this State. (1983, c. 891, s. 2.)
§130A-91. State Registrar.
The Secretary shall appoint a State Registrar of Vital
Statistics. The State Registrar of Vital Statistics shall
exercise all the authority conferred by this Article. (1913, c.
109, s. 2; C.S., s. 7088; 1955, c. 951, s. 5; 1957, c. 1357, s.
1; 1969, c. 1031, s. 1; 1973, c. 476, s. 128; 1977, c. 163, s. 1;
1983, c. 891, s. 2.)
§ 130A-92. Duties of the State Registrar.
(a) The State Registrar shall secure and maintain all vital
records required under this Article and shall do all things
necessary to carry out its provisions. The State Registrar
shall:
(1) Examine vital records received from local
registrars to determine if these records are complete and
satisfactory, and require the provision of information necessary
to make the records complete and satisfactory;
(2) Permanently preserve the information from the
vital records in a systematic manner in adequate fireproof space
which shall be provided in a State building by the Department of
Administration, and maintain a comprehensive and continuous index
of all vital records;
(3) Prepare and supply or approve all forms used in
carrying out the provisions of this Article;
(4) Appoint local registrars as required by G.S.
130A-95 and exercise supervisory authority over local registrars,
deputy local registrars and sub-registrars;
(5) Enforce the provisions of this Article,
investigate cases of irregularity or violations and report
violations to law-enforcement officials for prosecution under
G.S. 130A-26;
(6) Conduct studies and research and recommend to
the General Assembly any additional legislation necessary to
carry out the purposes of this Article; and
(7) Adopt rules necessary to carry out the
provisions of this Article.
(b) The State Registrar may retain payments made in excess
of the fees established by this Article if the overpayment is in
the amount of three dollars ($3.00) or less and the payor does
not request a refund of the overpayment. The State Registrar is
not required to notify the payor of any overpayment of three
dollars ($3.00) or less. (1913, c. 109, s. 1; C.S., s. 7086;
1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1971, c. 444, s. 3;
1973, c. 476, s. 128; 1983, c. 891, s. 2; 1985, c. 366; 1993, c.
146, s. 2.)
§ 130A-93. Access to vital records; copies.
(a) Only the State Registrar shall have access to original
vital records and to indices to the original vital records.
County offices authorized to issue certificates and the North
Carolina State Archives also shall have access to indices to
these original vital records, when specifically authorized by the
State Registrar.
(b) The following birth data, in any form and on any
medium, in the possession of the Department, local health
departments, or local register of deeds offices shall not be
public records pursuant to Chapter 132 of the General Statutes:
the names of children and parents, the addresses of parents
(other than county of residence and postal code), and the social
security numbers of parents. Access to copies and abstracts of
these data shall be provided in accordance with G.S. 130A-99,
Chapter 161 of the General Statutes, and this section. All other
birth data shall be public records pursuant to Chapter 132 of the
General Statutes. All birth records and data are State property
and shall be managed only in accordance with official disposition
instructions prepared by the Department of Cultural Resources.
The application of this Chapter is subject to the provisions of
Article 1 of Chapter 121 of the General Statutes, the North
Carolina Archives and History Act. The State Registrar and other
officials authorized to issue certified copies of vital records
shall provide copies or abstracts of vital records, except those
described in subsections (d), (e), (f) and (g) of this section,
to any person upon request.
(c) The State Registrar and other officials authorized to
issue certified copies of vital records shall provide certified
copies of vital records, except those described in subsections
(d), (e), (f), and (g) of this section, only to the following:
(1) A person requesting a copy of the person's own
vital records or that of the person's spouse, sibling, direct
ancestor or descendant, or stepparent or stepchild;
(2) A person seeking information for a legal
determination of personal or property rights; or
(3) An authorized agent, attorney or legal
representative of a person described above.
(c1) A funeral director or funeral service licensee shall
be entitled upon request to a certified copy of a death
certificate.
(d) Copies, certified copies or abstracts of birth
certificates of adopted persons shall be provided in accordance
with G.S. 48-9-107.
(e) Copies or abstracts of the health and medical
information contained on birth certificates shall be provided
only to a person requesting a copy of the health and medical
information contained on the person's own birth certificate, a
person authorized by that person, or a person who will use the
information for medical research purposes. Copies of or abstracts
from any computer or microform database which contains individual-
specific health or medical birth data, whether the database is
maintained by the Department, a local health department, or any
other public official, shall be provided only to an individual
requesting his or her own data, a person authorized by that
individual, or a person who will use the information for medical
research purposes. The State Registrar shall adopt rules
providing for the use of this information for medical research
purposes. The rules shall, at a minimum, require a written
description of the proposed use of the data, including protocols
for protecting confidentiality of the data.
(f) Copies, certified copies or abstracts of new birth
certificates issued to persons in the federal witness protection
program shall be provided only to a person requesting a copy of
the person's own birth certificate and that person's supervising
federal marshall.
(g) No copies, certified copies or abstracts of vital
records shall be provided to a person purporting to request
copies, certified copies or abstracts of that person's own vital
records upon determination that the person whose vital records
are being requested is deceased.
(h) A certified copy issued under the provisions of this
section shall have the same evidentiary value as the original and
shall be prima facie evidence of the facts stated in the
document. The State Registrar may appoint agents who shall have
the authority to issue certified copies under a facsimile
signature of the State Registrar. These copies shall have the
same evidentiary value as those issued by the State Registrar.
(i) Fees for issuing any copy of a vital record or for
conducting a search of the files when no copy is made shall be as
established in G.S. 130A-93.1 and G.S. 161-10.
(j) No person shall prepare or issue any certificate which
purports to be an official certified copy of a vital record
except as authorized in this Article or the rules. (1983, c. 891,
s. 2; 1985, c. 325, s. 1; 1991, c. 343, s. 1; 1993, c. 146, s. 3;
1995, c. 457, s. 7; 1997-242, s. 1.)
§ 130A-93.1. Fees for vital records copies or
search; automation fund.
(a) The State Registrar shall collect, process, and utilize
fees for services as follows:
(1) A fee not to exceed ten dollars ($10.00) shall
be charged for issuing any copy of a vital record or for
conducting a routine search of the files for the record when no
copy is made. When certificates are issued or searches conducted
by local agencies using databases maintained by the State
Registrar, the local agency shall charge this fee and shall
forward five dollars ($5.00) of this fee to the State Registrar
for purposes established in subsection (b) of this section.
(2) A fee not to exceed ten dollars ($10.00) shall
be charged in addition to the fee charged under subdivision (1)
of this subsection and to all shipping and commercial charges
when expedited service is specifically requested.
(2a) The fee for a copy of a computer or microform
database shall not exceed the cost to the agency of making and
providing the copy.
(3) Except as provided in subsection (b) of this
section, fees collected under this subsection shall be used by
the Department for public health purposes.
(b) The Vital Records Automation Account is established as
a nonreverting account within the Department. Five dollars
($5.00) of each fee collected pursuant to subdivision (a)(1)
shall be credited to this Account. The Department shall use the
revenue in the Account to fully automate and maintain the vital
records system. When funds sufficient to fully automate and
maintain the system have accumulated in the Account, fees shall
no longer be credited to the Account but shall be used as
specified in subdivision (a)(3) of this section. (1991, c. 343,
s. 2; 1991 (Reg. Sess., 1992), c. 1039, s. 5; 1997-242, s. 2.)
§130A-94. Local registrar.
The local health director shall serve, ex officio, as the
local registrar of each county within the jurisdiction of the
local health department. (1983, c. 891, s. 2.)
§130A-95. Control of local registrar.
The State Registrar shall direct, control and supervise the
activities of local registrars. (1913, c. 109, s. 4; 1915, c. 20;
C.S., ss. 7089, 7090; 1955, c. 951, s. 6; 1957, c. 1357, s. 1;
1969, c. 1031, s. 1; 1983, c. 891, s. 2; 1985, c. 462, s. 14.)
§130A-96. Appointment of deputy and sub-registrars.
(a) Each local registrar shall immediately upon appointment,
appoint a deputy whose duty shall be to assist the local
registrar and to act as local registrar in case of absence,
illness, disability or removal of the local registrar. The deputy
shall be designated in writing and be subject to all rules and
statutes governing local registrars. The local registrar shall
direct, control and supervise the activities of the deputy
registrar and may remove a deputy registrar for cause.
(b) The local registrar may, when necessary and with the
approval of the State Registrar, appoint one or more persons to
act as sub- registrars. Sub-registrars shall be authorized to
receive certificates and issue burial-transit permits in and for
designated portions of the county. Each sub-registrar shall enter
the date the certificate was received and shall forward all
certificates to the local registrar within three days.
(c) The State Registrar shall direct, control and supervise
sub- registrars and may remove a sub-registrar for cause. (1913,
c. 109, s. 4; C.S., s. 7091; 1955, c. 951, s. 8; 1957, c. 1357,
s. 1; 1969, c. 1031, s. 1; 1983, c. 891, s. 2.)
§130A-97. Duties of local registrars.
The local registrar shall:
(1) Administer and enforce provisions of this Article and
the rules, and immediately report any violation to the State
Registrar;
(2) Furnish certificate forms and instructions supplied by
the State Registrar to persons who require them;
(3) Examine each certificate when submitted to determine if
it has been completed in accordance with the provisions of this
Article and the rules. If a certificate is incomplete or
unsatisfactory, the responsible person shall be notified and
required to furnish the necessary information. All birth and
death certificates shall be typed or written legibly in permanent
black or blue-black ink;
(4) Enter the date on which a certificate is received and
sign as local registrar;
(5) Transmit to the register of deeds of the county a copy
of each certificate registered within seven days of receipt of a
birth or death certificate. The copy transmitted shall include
the race of the father and mother if that information is
contained on the State copy of the certificate of live birth.
Copies transmitted may be on blanks furnished by the State
Registrar or may be photocopies made in a manner approved by the
register of deeds. The local registrar may also keep a copy of
each certificate for no more than two years;
(6) On the fifth day of each month or more often, if
requested, send to the State Registrar all original certificates
registered during the preceding month; and
(7) Maintain records, make reports and perform other duties
required by the State Registrar. (1913, c. 109, s. 18; 1915, c.
85, s. 2; c. 164, s. 2; C.S., s. 7109; Ex. Sess. 1920, c. 58, s.
1; 1931, c. 79; 1933, c. 9, s. 1; 1943, c. 673; 1949, c. 133;
1955, c. 951, ss. 20, 21; 1957, c. 1357, s. 1; 1963, c. 492, ss.
4, 8; 1969, c. 1031, s. 1; 1971, c. 444, s. 8; 1979, c. 95, s. 9;
1981, c. 554; 1983, c. 891, s. 2.)
§130A-98. Pay of local registrars.
A local health department shall provide sufficient staff,
funds and other resources necessary for the proper administration
of the local vital records registration program. (1913, c. 109,
s. 19; Ex. Sess. 1913, c. 15, s. 1; 1915, c. 85, s. 3; 1919, c.
210, s. 1; C.S., s 7110; Ex. Sess. 1920, c. 58, s. 2; 1949, c.
306; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1983, c. 891, s.
2.)
§ 130A-99. Register of deeds to preserve copies
of birth and death records.
(a) The register of deeds of each county shall file and
preserve the copies of birth and death certificates furnished by
the local registrar under the provisions of G.S. 130A-97, and
shall make and keep a proper index of the certificates. These
certificates shall be open to inspection and examination. Copies
or abstracts of these certificates shall be provided to any
person upon request. Certified copies of these certificates shall
be provided only to those persons described in G.S. 130A-93(c).
(b) The register of deeds may remove from the records and
destroy copies of birth or death certificates for persons born or
dying in counties other than the county in which the office of
the register of deeds is located, only after confirming that
copies of the birth or death certificates removed and destroyed
are maintained by the State Registrar or North Carolina State
Archives. (1957, c. 1357, s. 1; 1969, c. 80, s. 3; c. 1031, s. 1;
1983, c. 891, s. 2; 1997-309, s. 11.)
§130A-100. Register of deeds may perform notarial acts.
(a) The register of deeds is authorized to take
acknowledgments, administer oaths and affirmations and to perform
all other notarial acts necessary for the registration or
issuance of certificates relating to births, deaths or marriages.
The register of deeds shall be entitled to a fee as prescribed in
G.S. 161-10.
(b) All acknowledgments taken, affirmations or oaths
administered or other notarial acts performed by the register of
deeds relating to the registration of certificates of births,
deaths or marriages prior to June 16, 1959, are validated. (1945,
c. 100; 1957, c. 1357, s. 1; 1959, c. 986; 1969, c. 80, s. 9; c.
1031, s. 1; 1983, c. 891, s. 2.)
§ 130A-101. Birth registration.
(a) A certificate of birth for each live birth, regardless
of the gestation period, which occurs in this State shall be
filed with the local registrar of the county in which the birth
occurs within 10 days after the birth and shall be registered by
the registrar if it has been completed and filed in accordance
with this Article and the rules.
(b) When a birth occurs in a hospital or other medical
facility, the person in charge of the facility shall obtain the
personal data, prepare the certificate, secure the signatures
required by the certificate and file it with the local registrar
within five days after the birth. The physician or other person
in attendance shall provide the medical information required by
the certificate.
(c) When a birth occurs outside a hospital or other medical
facility, the certificate shall be prepared and filed by one of
the following in the indicated order of priority:
(1) The physician in attendance at or immediately
after the birth, or in the absence of such a person;
(2) Any other person in attendance at or
immediately after the birth, or in the absence of such a person;
(3) The father, the mother or, in the absence or
inability of the father and the mother, the person in charge of
the premises where the birth occurred.
(d) When a birth occurs on a moving conveyance and the
child is first moved from the conveyance in this State, the birth
shall be registered in the county where the child is first
removed from the conveyance, and that place shall be considered
the place of birth.
(e) If the mother was married at the time of either
conception or birth, or between conception and birth, the name of
the husband shall be entered on the certificate as the father of
the child, unless paternity has been otherwise determined by a
court of competent jurisdiction, in which case the name of the
father as determined by the court shall be entered. The surname
of the child shall be the same as that of the husband, except
that upon agreement of the husband and mother, or upon agreement
of the mother and father if paternity has been otherwise
determined, any surname may be chosen.
(f) If the mother was unmarried at all times from date of
conception through date of birth, the name of the father shall
not be entered on the certificate unless the child's mother and
father complete an affidavit acknowledging paternity which
contains the following:
(1) A sworn statement by the mother consenting to
the assertion of paternity by the father and declaring that the
father is the child's natural father;
(2) A sworn statement by the father declaring that
he believes he is the natural father of the child;
(3) Information explaining in plain language the
effect of signing the affidavit, including a statement of
parental rights and responsibilities and an acknowledgment of the
receipt of this information; and
(4) The social security numbers of both parents.
The State Registrar, in consultation with the Child Support
Enforcement Section of the Division of Social Services, shall
develop and disseminate a form affidavit for use in compliance
with this section, together with an information sheet that
contains all the information required to be disclosed by
subdivision (3) of this subsection.
Upon the execution of the affidavit, the declaring father
shall be listed as the father on the birth certificate and shall
be presumed to be the natural father of the child. The executed
affidavit shall be filed with the registrar along with the birth
certificate. A certified copy of the affidavit shall be
admissible in any action to establish paternity. The presumption
of paternity arising under this section may be rebutted in a
legal action only by clear, cogent, and convincing evidence. The
surname of the child shall be determined by the mother, except if
the father's name is entered on the certificate, the mother and
father shall agree upon the child's surname. If there is no
agreement, the child's surname shall be the same as that of the
mother.
The execution and filing of this affidavit with the
registrar does not affect rights of inheritance unless the
affidavit is also filed with the clerk of court in accordance
with G.S. 29-19(b)(2).
(g) Each parent shall provide his or her social security
number to the person responsible for preparing and filing the
certificate of birth. (1913, c. 109, s. 13; 1915, c. 85, s. 1;
C.S., s. 7010; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1979, c.
95, s. 4; c. 417; 1983, c. 891, s. 2; 1989, c. 199, ss. 1, 2;
1989 (Reg. Sess., 1990), c. 1004, s. 6; 1993, c. 333, s. 1; 1995,
c. 428, s. 1; 1997-433, s. 4.12; 1998-17, s. 1.)
§130A-102. Contents of birth certificate.
The certificate of birth shall contain those items
recommended by the federal agency responsible for national vital
statistics, except as amended or changed by the State Registrar.
Medical information contained in a birth certificate shall not be
public records open to inspection. (1913, c. 109, s. 14; C.S., s.
7102; 1949, c. 161, s. 2; 1955, c. 951, s. 15; 1957, c. 1357, s.
1; 1969, c. 1031, s. 1; 1979, c. 95, s. 7; 1983, c. 891, s. 2.)
§130A-103. Registration of birth certificates more than five
days and less than one year after birth.
Any birth may be registered more than five days and less
than one year after birth in the same manner as births are
registered under this Article within five days of birth. The
registration shall have the effect as if the registration had
occurred within five days of birth. The registration however,
shall not relieve any person of criminal liability for the
failure to register the birth within five days of birth as
required by G.S. 130A-101. (1941, c. 126; 1957, c. 1357, s. 1;
1969, c. 1031, s. 1; 1979, c. 95, s. 5; 1983, c. 891, s. 2.)
§130A-104. Registration of birth one year or more after
birth.
(a) When the birth of a person born in this State has not
been registered within one year after birth, a delayed
certificate may be filed with the register of deeds in the county
in which the birth occurred. An applicant for a delayed
certificate must submit the minimum documentation prescribed by
the State Registrar.
(b) A certificate of birth registered one year or more after
the date of the birth shall be marked "delayed" and show the date
of the delayed registration. A summary statement of evidence
submitted in support of the delayed registration shall be
endorsed on the certificate. The register of deeds shall forward
the original and a duplicate to the State Registrar for final
approval. If the certificate complies with the rules and has not
been previously registered, the State Registrar shall file the
original and return the duplicate to the register of deeds for
recording.
(c) When an applicant does not submit the minimum
documentation required or when the State Registrar finds reason
to question the validity or adequacy of the certificate or
documentary evidence, the State Registrar shall not register the
delayed certificate and shall advise the applicant of the reasons
for this action. If the deficiencies are not corrected, the
applicant shall be advised of the right to an administrative
hearing and of the availability of a judicial determination under
G.S. 130A-106.
(d) Delayed certificates shall have the same evidentiary
value as those registered within five days. (1941, c. 126; 1957,
c. 1357, s. 1; 1969, c. 80, s. 8; c. 1031, s. 1; 1973, c. 476, s.
128; 1979, c. 95, s. 6; 1983, c. 891, s. 2.)
§130A-105. Validation of irregular registration of birth
certificates.
The registration and filing with the State Registrar prior
to April 1, 1941, of the birth certificate of a person whose
birth was not registered within five days of birth is validated.
All copies of birth certificates filed prior to April 9, 1941,
properly certified by the State Registrar, shall have the same
evidentiary value as those registered within five days. (1941, c.
126; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1973, c. 476, s.
128; 1983, c. 891, s. 2.)
§130A-106. Establishing fact of birth by persons without
certificates.
(a) A person born in this State not having a recorded
certificate of birth, may file a verified petition with the clerk
of the superior court in the county of the petitioner's legal
residence or place of birth, setting forth the date, place of
birth and parentage, and petitioning the clerk to hear evidence,
and to find and adjudge the date, place and parentage of the
birth of the petitioner. Upon the filing of a petition, the clerk
shall set a hearing date, and shall conduct the proceeding in the
same manner as other special proceedings. At the time set for the
hearing, the petitioner shall present evidence to establish the
facts of birth. If the evidence offered satisfies the court, the
court shall enter judgment establishing the date, place of birth
and parentage of the petitioner, and record it in the record of
special proceedings. The clerk shall certify the judgment to the
State Registrar who shall keep a record of the judgment. A copy
shall be certified to the register of deeds of the county in
which the petitioner was born.
(b) The clerk may charge a fee not to exceed two dollars
($2.00) for services provided under this section.
(c) The record of birth established under this section, when
recorded, shall have the same evidentiary value as other records
covered by this Article. (1941, c. 122; 1957, c. 1357, s. 1;
1969, c. 1031, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-107. Establishing facts relating to a birth of unknown
parentage; certificate of identification.
(a) A person of unknown parentage whose place and date of
birth are unknown may file a verified petition with the clerk of
the superior court in the county where the petitioner was
abandoned. The petition shall set forth the facts concerning
abandonment, the name, date and place of birth of petitioner and
the names of any persons acting in loco parentis to the
petitioner.
(b) The clerk shall find facts and, if there is insufficient
evidence to establish the place of birth, it shall be
conclusively presumed that the person was born in the county of
abandonment. The clerk shall enter and record judgment in the
record of special proceedings. The clerk shall certify the
judgment to the State Registrar who shall keep a record of the
judgment. A copy shall be certified to the register of deeds of
the county of abandonment.
(c) A certificate of identification for a person of unknown
parentage shall be filed by the clerk with the local registrar of
vital statistics of the district in which the person was found.
(d) The clerk may charge a fee not to exceed two dollars
($2.00) for services provided under this section. (1959, c. 492;
1969, c. 1031, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§ 130A-108. Certificate of identification for
individual of foreign birth.
In the case of an adopted individual born in a foreign
country and residing in this State at the time of application,
the State Registrar shall, upon the presentation of a certified
copy of the original birth certificate from the country of birth
and a certified copy of the final order of adoption signed by the
clerk of court or other appropriate official, prepare a
certificate of identification for the individual. The certificate
shall contain the same information required by G.S. 48-9-107(a)
for individuals adopted in this State, except that the country of
birth shall be specified in lieu of the state of birth. (1949, c.
160, s. 2; 1955, c. 951, s. 16; 1957, c. 1357, s. 1; 1969, c.
1031, s. 1; 1983, c. 891, s. 2; 1995, c. 457, s. 8; 1997-215, s.
13.)
§130A-109. Birth certificate as evidence.
Certified copies of birth certificates shall be accepted by
public school authorities in this State as prima facie evidence
of the age of children registering for school attendance, and no
other proof shall be required. In addition, certified copies of
birth certificates shall be required by all factory inspectors
and employers of youthful labor, as prima facie proof of age, and
no other proof shall be required. However, when it is not
possible to secure a certified copy of a birth certificate,
school authorities, factory inspectors and employers may accept
as secondary proof of age any competent evidence by which the age
of persons is usually established. (1913, c. 109, s. 17; C.S., s.
7107; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1983, c. 891, s.
2.)
§130A-110. Registration of marriage certificates.
(a) On or before the fifteenth day of the month, the
register of deeds shall transmit to the State Registrar a record
of each marriage ceremony performed in the county during the
preceding calendar month. The State Registrar shall prescribe a
form containing the information required by G.S. 50-16 and
additional information to conform with the requirements of the
federal agency responsible for national vital statistics. The
form shall be the official form of a marriage license,
certificate of marriage and application for marriage license.
(b) Each form signed and issued by the register of deeds,
assistant register of deeds or deputy register of deeds shall
constitute an original or a duplicate original. Upon request, the
State Registrar shall furnish a true copy of the marriage
registration. The copy shall have the same evidentiary value as
the original.
(c) The register of deeds shall provide copies or abstracts
of marriage certificates to any person upon request. Certified
copies of these certificates shall be provided only to those
persons described in G.S. 130A-93(c).
(d) Marriage certificates maintained by the local register
of deeds shall be open to inspection and examination. (1961, c.
862; 1969, c. 1031, s. 1; 1973, c. 476, s. 128; 1977, c. 1110, s.
3; 1983, c. 891, s. 2; 1985, c. 325, s. 2.)
§130A-111. Registration of divorces and annulments.
For each divorce and annulment of marriage granted by a
court of competent jurisdiction in this State, a report shall be
prepared and filed by the clerk of court with the State
Registrar. On or before the fifteenth day of each month, the
clerk shall forward to the State Registrar the report of each
divorce and annulment granted during the preceding calendar
month. (1957, c. 983; 1969, c. 1031, s. 1; 1973, c. 476, s. 128;
1977, c. 1110, s. 2; 1983, c. 891, s. 2; 1985, c. 325, s. 3.)
§130A-112. Notification of death.
A funeral director or person acting as such who first
assumes custody of a dead body or fetus of 20 completed weeks
gestation or more shall submit a notification of death to the
local registrar in the county where death occurred, within 24
hours of taking custody of the body or fetus. The notification of
death shall identify the attending physician responsible for
medical certification, except that for deaths under the
jurisdiction of the medical examiner, the notification shall
identify the medical examiner and certify that the medical
examiner has released the body to a funeral director or person
acting as such for final disposition. (1913, c. 109, s. 5; 1915,
c. 164, s. 1; C.S., s. 7092; 1955, c. 951, s. 9; 1957, c. 1357,
s. 1; 1969, c. 1031, s. 1; 1973, c. 873, s. 1; 1983, c. 891, s.
2.)
§130A-113. Permits for burial-transit, authorization for
cremation and disinterment-reinterment.
(a) The funeral director or person acting as such who first
assumes custody of a dead body or fetus which is under the
jurisdiction of the medical examiner shall obtain a
burial-transit permit signed by the medical examiner prior to
final disposition or removal from the State and within five days
after death.
(b) A dead body shall not be cremated or buried at sea
unless the provisions of G.S. 130A-388 are met.
(c) A permit for disinterment-reinterment shall be required
prior to disinterment of a dead body or fetus except as otherwise
authorized by law or rule. The permit shall be issued by the
local registrar to a funeral director, embalmer or other person
acting as such upon proper application.
(d) No dead body or fetus shall be brought into this State
unless accompanied by a burial-transit or disposal permit issued
under the law of the state in which death or disinterment
occurred. The permit shall be final authority for final
disposition of the body or fetus in this State.
(e) The local registrar shall issue a burial-transit permit
for the removal of a dead body or fetus from this State if the
requirements of G.S. 130A-112 are met and that the death is not
under the jurisdiction of the medical examiner. (1973, c. 873, s.
2; 1977, c. 163, s. 2; 1983, c. 891, s. 2.)
§ 130A-114. Fetal death registration.
(a) Each spontaneous fetal death occurring in the State of
20 completed weeks gestation or more, as calculated from the
first day of the last normal menstrual period until the day of
delivery, shall be reported within 10 days after delivery to the
local registrar of the county in which the delivery occurred. The
report shall be made on a form prescribed and furnished by the
State Registrar.
(b) When fetal death occurs in a hospital or other medical
facility, the person in charge of the facility shall obtain the
cause of fetal death and other required medical information over
the signature of the attending physician, and shall prepare and
file the report with the local registrar.
(c) When a fetal death occurs outside of a hospital or other
medical facility, the physician in attendance at or immediately
after the delivery shall prepare and file the report. When a
fetal death is attended by a person authorized to attend
childbirth, the supervising physician shall prepare and file the
report. Fetal deaths attended by lay midwives and all other
persons shall be treated as deaths without medical attendance as
provided for in G.S. 130A-115 and the medical examiner shall
prepare and file the report. (1913, c. 109, s. 6; C.S., s. 7093;
1933, c. 9, s. 2; 1951, c. 1091, s. 1; 1955, c. 951, s. 10; 1957,
c. 1357, s. 1; 1969, c. 1031, s. 1; 1973, c. 873, s. 3; 1979, c.
95, s. 1; 1983, c. 891, s. 2; 1989, c. 199, s. 3.)
§ 130A-115. Death registration.
(a) A death certificate for each death which occurs in this
State shall be filed with the local registrar of the county in
which the death occurred within five days after the death. If the
place of death is unknown, a death certificate shall be filed
within five days in the county where the dead body is found. If
the death occurs in a moving conveyance, a death certificate
shall be filed in the county in which the dead body was first
removed from the conveyance.
(b) The funeral director or person acting as such who first
assumes custody of a dead body shall file the death certificate
with the local registrar. The personal data shall be obtained
from the next of kin or the best qualified person or source
available. The funeral director or person acting as such is
responsible for obtaining the medical certification of the cause
of death, stating facts relative to the date and place of burial,
and filing the death certificate with the local registrar within
five days of the death.
(c) The medical certification shall be completed and signed
by the physician in charge of the patient's care for the illness
or condition which resulted in death, except when the death falls
within the circumstances described in G.S. 130A-383. In the
absence of the physician or with the physician's approval, the
certificate may be completed and signed by an associate
physician, the chief medical officer of the hospital or facility
in which the death occurred or a physician who performed an
autopsy upon the decedent under the following circumstances: the
individual has access to the medical history of the deceased; the
individual has viewed the deceased at or after death; and the
death is due to natural causes. When specifically approved by the
State Registrar, an electronic signature or facsimile signature
of the physician shall be acceptable. As used in this section,
the term electronic signature has the same meaning as applies in
G.S. 66-58.2. The physician shall state the cause of death on the
certificate in definite and precise terms. A certificate
containing any indefinite terms or denoting only symptoms of
disease or conditions resulting from disease as defined by the
State Registrar, shall be returned to the person making the
medical certification for correction and more definite statement.
(d) The physician or medical examiner making the medical
certification as to the cause of death shall complete the medical
certification no more than three days after death. The physician
or medical examiner may, in appropriate cases, designate the
cause of death as unknown pending an autopsy or upon some other
reasonable cause for delay, but shall send the supplementary
information to the local registrar as soon as it is obtained.
(e) In the case of death or fetal death without medical
attendance, it shall be the duty of the funeral director or
person acting as such and any other person having knowledge of
the death to notify the local medical examiner of the death. The
body shall not be disposed of or removed without the permission
of the medical examiner. If there is no county medical examiner,
the Chief Medical Examiner shall be notified. (1913, c. 109, ss.
7, 9; C.S., ss. 7094, 7096; 1949, c. 161, s. 1; 1955, c. 951, ss.
11, 12; 1957, c. 1357, s. 1; 1963, c. 492, ss. 1, 2, 4; 1969, c.
1031, s. 1; 1973, c. 476, s. 128; c. 873, s. 5; 1979, c. 95, ss.
2, 3; 1981, c. 187, s. 1; 1983, c. 891, s. 2; 1999-247, s. 1.)
§130A-116. Contents of death certificate.
The certificate of death shall contain those items
prescribed and specified on the standard certificate of death as
prepared by the federal agency responsible for national vital
statistics. The State Registrar may require additional
information. (1913, c. 109, s. 7; C.S., s. 7094; 1949, c. 161, s.
1; 1955, c. 951, s. 11; 1957, c. 1357, s. 1; 1963, c. 492, ss. 1,
4; 1969, c. 1031, s. 1; 1983, c. 891, s. 2.)
§130A-117. Persons required to keep records and provide
information.
(a) All persons in charge of hospitals or other
institutions, public or private, to which persons resort for
confinement or treatment of diseases or to which persons are
committed by process of law, shall make a record of personal data
concerning each person admitted or confined to the institution.
The record shall include information required for the
certificates of birth and death and the reports of spontaneous
fetal death required by this Article. The record shall be made at
the time of admission from information provided by the person
being admitted or confined. When this information cannot be
obtained from this person, it shall be obtained from relatives or
other knowledgeable persons.
(b) When a dead body or dead fetus of 20 weeks gestation or
more is released or disposed of by an institution, the person in
charge of the institution shall keep a record showing the name of
the decedent, date of death, name and address of the person to
whom the body or fetus is released and the date of removal from
the institution. If final disposition is made by the institution,
the date, place, and manner of disposition shall also be
recorded.
(c) A funeral director, embalmer, or other person who
removes from the place of death, transports or makes final
disposition of a dead body or fetus, shall keep a record which
shall identify the body, and information pertaining to the
receipt, removal, delivery, burial, or cremation of the body, as
may be required by the State Registrar. In addition, that person
shall file a certificate or other report required by this Article
or the rules of the Commission.
(d) Records maintained under this section shall be retained
for a period of not less than three years and shall be made
available for inspection by the State Registrar upon request.
(1913, c. 109, s. 16; C.S., s. 7104; 1957, c. 1357, s. 1; 1969,
c. 1031, s. 1; 1979, c. 95, s. 8; 1983, c. 891, s. 2.)
§130A-118. Amendment of birth and death certificates.
(a) After acceptance for registration by the State
Registrar, no record made in accordance with this Article shall
be altered or changed, except by a request for amendment. The
State Registrar may adopt rules governing the form of these
requests and the type and amount of proof required.
(b) A new certificate of birth shall be made by the State
Registrar when:
(1) Proof is submitted to the State Registrar that the
previously unwed parents of a person have intermarried subsequent
to the birth of the person;
(2) Notification is received by the State Registrar from the
clerk of a court of competent jurisdiction of a judgment, order
or decree disclosing different or additional information relating
to the parentage of a person;
(3) Satisfactory proof is submitted to the State Registrar
that there has been entered in a court of competent jurisdiction
a judgment, order or decree disclosing different or additional
information relating to the parentage of a person; or
(4) A written request from an individual is received by the
State Registrar to change the sex on that individual's birth
record because of sex reassignment surgery, if the request is
accompanied by a notarized statement from the physician who
performed the sex reassignment surgery or from a physician
licensed to practice medicine who has examined the individual and
can certify that the person has undergone sex reassignment
surgery.
(c) A new birth certificate issued under subsection (b) may
reflect a change in surname when:
(1) A child is legitimated by subsequent marriage and the
parents agree and request that the child's surname be changed; or
(2) A child is legitimated under G.S. 49-10 and the parents
agree and request that the child's surname be changed, or the
court orders a change in surname after determination that the
change is in the best interests of the child.
(d) For the amendment of a certificate of birth or death
after its acceptance for filing, or for the making of a new
certificate of birth under this Article, the State Registrar
shall be entitled to a fee not to exceed seven dollars and fifty
cents ($7.50) to be paid by the applicant.
(e) When a new certificate of birth is made, the State
Registrar shall substitute the new certificate for the
certificate of birth then on file, and shall forward a copy of
the new certificate to the register of deeds of the county of
birth. The copy of the certificate of birth on file with the
register of deeds, if any, shall be forwarded to the State
Registrar within five days. The State Registrar shall place under
seal the original certificate of birth, the copy forwarded by the
register of deeds and all papers relating to the original
certificate of birth. The seal shall not be broken except by an
order of a court of competent jurisdiction. Thereafter, when a
certified copy of the certificate of birth of the person is
issued, it shall be a copy of the new certificate of birth,
except when an order of a court of competent jurisdiction shall
require the issuance of a copy of the original certificate of
birth. (1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1975, c. 556;
1977, c. 1110, s. 4; 1983, c. 891, s. 2.)
§130A-119. Clerk of Court to furnish State Registrar with
facts as to paternity of illegitimate children judicially
determined.
Upon the entry of a judgment determining the paternity of an
illegitimate child, the clerk of court of the county in which the
judgment is entered shall notify the State Registrar in writing
of the name of the person against whom the judgment has been
entered, together with the other facts disclosed by the record as
may assist in identifying the record of the birth of the child as
it appears in the office of the State Registrar. If the judgment
is modified or vacated, that fact shall be reported by the clerk
to the State Registrar in the same manner. Upon receipt of the
notification, the State Registrar shall record the information
upon the birth certificate of the illegitimate child. (1941, c.
297, s. 1; 1955, c. 951, s. 19; 1957, c. 1357, s. 1; 1969, c.
1031, s. 1; 1971, c. 444, s. 5; 1983, c. 891, s. 2.)
§130A-120. Certification of birth dates furnished to veterans'
organizations.
Upon application by any veterans' organization in this State
in connection with junior or youth baseball, the State Registrar
shall furnish certification of dates of birth without the payment
of the fees prescribed in this Article. (1931, c. 318; 1939, c.
353; 1945, c. 996; 1955, c. 951, s. 24; 1957, c. 1357, s. 1;
1969, c. 1031, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
ARTICLE 5.
Maternal and Child Health and Women's Health.
Part 1. In General.
§ 130A-124. Department to establish maternal
and child health program.
(a) The Department shall establish and administer a
maternal and child health program for the delivery of preventive,
diagnostic, therapeutic and habilitative health services to women
of childbearing years, children and other persons who require
these services. The program may include, but shall not be limited
to, providing professional education and consultation, community
coordination and direct care and counseling.
(b) The Commission shall adopt rules necessary to implement
the program.
(c) Prior year refunds received by the Children's Special
Health Services Program that are not encumbered or spent during a
fiscal year shall not revert to the General Fund but shall remain
in the Department for purchase of care and contracts in the
Program. Funds appropriated for the purchase of care and
contracts in the Program that are encumbered and not spent during
a fiscal year shall not revert to the General Fund but shall
remain in the Department for the purchase of care and contracts
in the Program. (1983, c. 891, s. 2; 1993, c. 321, s. 275(a);
1997-172, s. 1; 1997-456, s. 54.)
§ 130A-125. Screening of newborns for metabolic
and other hereditary and congenital disorders.
(a) The Department shall establish and administer a Newborn
Screening Program. The program shall include, but shall not be
limited to:
(1) Development and distribution of educational
materials regarding the availability and benefits of newborn
screening.
(2) Provision of laboratory testing.
(3) Development of follow-up protocols to assure
early treatment for identified children, and the provision of
genetic counseling and support services for the families of
identified children.
(4) Provision of necessary dietary treatment
products or medications for identified children as medically
indicated and when not otherwise available.
(b) The Commission shall adopt rules necessary to implement
the Newborn Screening Program. The rules shall include, but shall
not be limited to, the conditions for which screening shall be
required, provided that screening shall not be required when the
parents or the guardian of the infant object to such screening.
If the parents or guardian object to the screening, the objection
shall be presented in writing to the physician or other person
responsible for administering the test, who shall place the
written objection in the infant's medical record.
(b1) The Commission for Health Services shall adopt
temporary and permanent rules to include newborn hearing
screening in the Newborn Screening Program established under this
section.
(c) The Department may impose a fee for a laboratory test
performed pursuant to this section by the State Public Health
Laboratory. A fee for a test must be based on the actual cost of
performing the test. The fees for laboratory tests shall be used
to supplement and not supplant funds appropriated for the Newborn
Screening Program.
The Newborn Screening Fee Account is established as a
nonreverting account within the Department. Fees collected
pursuant to this section shall be credited to this Account and
shall be applied to the Newborn Screening Program. (1991, c. 661,
s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 6; 1998-131, s. 13.)
Part 2. Perinatal Health Care.
§ 130A-127. Department to establish
program.
(a) The Department shall establish and administer a
perinatal health care program. The program may include, but shall
not be limited to:
(1) Prenatal health care services including health
education and identification of high-risk pregnancies;
(2) Prenatal, delivery and newborn health care
services provided at hospitals participating at graduated levels
of complexity; and
(3) Regionalized perinatal health care services
including a plan for effective communication, consultation,
referral and transportation links among hospitals, health
departments, physicians, schools and other relevant community
resources for mothers and infants at high risk for mortality and
morbidity.
(b) The Commission shall adopt rules necessary to implement
the program. (1973, c. 1240, s. 1; 1983, c. 891, s. 2.)
§ 130A-128: Repealed by Session Laws 1991, c. 518.
Part 3. Sickle Cell.
§ 130A-129. Department to establish program.
The Department shall establish and administer a Sickle Cell
Program. The Commission shall, after consultation with the
Council on Sickle Cell Syndrome, adopt rules for the program that
shall include, but not be limited to, programs for education,
voluntary testing, counseling, and medical reimbursement services
for sickle cell syndrome. "Sickle cell syndrome" includes sickle
cell disease, sickle cell trait, sickle cell thalassemia and
variants. (1987, c. 822, s. 2.)
§ 130A-130. Duties of local health departments.
Local health departments shall provide sickle cell syndrome
testing and counseling at no cost to persons requesting these
services. If an individual is found to have any aspect of sickle
cell syndrome, the local health department shall inform the
individual to that effect. The State Laboratory of Public Health
shall, upon request, provide a person's sickle cell screening
test results to any local health department or Sickle Cell
Program contracting agency which has been requested to provide
sickle cell services to that person. (1987, c. 822, s. 2.)
Part 3A. Council on Sickle Cell Syndrome.
§ 130A-131. Council on Sickle Cell Syndrome; appointment;
expenses; terms.
A Council on Sickle Cell Syndrome is created. The Council
shall consist of a chairperson and 14 other members appointed by
the Governor. Members shall serve without compensation except
for reimbursement for travel and expenses in pursuit of Council
business. Except as provided in this subsection, Council members
shall serve a term of three years. To achieve a staggered term
structure, five members shall be appointed for a term of one
year, five members for a term of two years, and five members for
a term of three years. (1973, c. 570, s. 1; 1987, c. 822, s. 3;
1989, c. 727, s. 179.)
§ 130A-131.1. Council membership.
In making appointments, consideration shall be given to
persons representing the following areas:
(1) Members of community agencies interested in
sickle cell syndrome;
(2) State and local officials concerned with public
health, social services and rehabilitation;
(3) Teachers and members of State and local school
boards;
(4) Physicians in medical centers and physicians in
community practice who are interested in sickle cell syndrome;
(5) Persons or relatives of persons with sickle
cell disease. (1973, c. 570, s. 2; 1987, c. 822, s. 3; 1989, c.
727, s. 179.)
§ 130A-131.2. Council role.
The Council shall advise the Department and the Commission
for Health Services on the needs of persons with sickle cell
syndrome, and shall make recommendations to meet these needs.
Such recommendations shall include but not be limited to
recommendations for legislative action and for rules regarding
the services of the Sickle Cell Program. The Council shall
develop procedures to facilitate its operation. All clerical and
other services required by the Council shall be furnished by the
Department without budget limitations. (1973, c. 570, s. 3; 1987,
c. 822, s. 3; 1989, c. 727, ss. 179, 180; 1997-443, s. 11A.76.)
Part 4. Lead Poisoning in Children.
§ 130A-131.5. Commission to adopt rules.
(a) For the protection of the public health, the Commission
shall adopt rules for the prevention and control of lead
poisoning in children in accordance with this Part.
(b) Repealed by Session Laws 1998-209, s. 1. (1989, c. 333;
c. 751, s. 15; 1991, c. 300, s. 1; 1997-506, s. 45; 1998-209, s.
1.)
§ 130A-131.7. Definitions.
As used in this Part, unless the context requires otherwise,
the term:
(1) "Abatement" means undertaking any of the
following measures to eliminate a lead-based paint hazard:
a. Removing lead-based paint from a surface
and repainting the surface.
b. Removing a component, such as a windowsill,
painted with lead-based paint and replacing the component.
c. Enclosing a surface painted with lead-based
paint with paneling, vinyl siding, or another approved material.
d. Encapsulating a surface painted with lead-
based paint with a sealant.
e. Any other measure approved by the
Commission.
(2) "Child-occupied facility" means a building, or
portion of a building, constructed prior to 1978, regularly
visited by a child who is less than 6 years of age. Child-
occupied facilities may include, but are not limited to, child
care facilities, preschools, nurseries, kindergarten classrooms,
schools, clinics, or treatment centers including the common
areas, the grounds, any outbuildings, or other structures
appurtenant to the facility.
(3) "Confirmed lead poisoning" means a blood lead
concentration of 20 micrograms per deciliter or greater
determined by the lower of two consecutive blood tests within a
six-month period.
(4) "Department" means the Department of
Environment and Natural Resources or its authorized agent.
(5) "Elevated blood lead level" means a blood lead
concentration of 10 micrograms per deciliter or greater
determined by the lower of two consecutive blood tests within a
six-month period.
(6) "Lead-based paint hazard" means a condition
that is likely to cause adverse health effects as a result of
exposure to lead-based paint or to soil or dust that contains
lead derived from lead-based paint.
(7) "Lead poisoning hazard" means the presence of
readily accessible or mouthable lead-bearing substances,
including lead-based paint, measuring 1.0 milligram per square
centimeter or greater by X-ray fluorescence or five-tenths of one
percent (0.5%) or greater by chemical analysis; or 15 parts per
billion or greater in drinking water; or 100 micrograms per
square foot or greater for dust on floors; or 500 micrograms per
square foot or greater for dust on windowsills; or 800 micrograms
per square foot or greater for dust in window troughs, or soil
lead concentrations in an amount greater than or equal to 400
parts per million that is determined by the Department to present
a hazard in light of (i) the condition and use of the land and
(ii) other relevant factors.
(8) "Lead-safe housing" is housing that was built
since 1978 or has been tested by a person that has been certified
to perform risk assessments and found to have no lead-based paint
hazard within the meaning of the Residential Lead-Based Paint
Reduction Act of 1992, 42 U.S.C. § 4851b(15).
(9) "Maintenance standard" means the following:
a. Using safe work practices, repairing and
repainting areas of deteriorated paint inside a residential
housing unit and for single-family and duplex residential
dwelling built prior to 1950, repairing and repainting areas of
deteriorated paint on interior and exterior surfaces;
b. Cleaning the interior of the unit to remove
dust that constitutes a lead poisoning hazard;
c. Adjusting doors and windows to minimize
friction or impact on surfaces;
d. Subject to the occupant's approval,
appropriately cleaning any carpets;
e. Taking such steps as are necessary to
ensure that all interior surfaces on which dust might collect are
readily cleanable; and
f. Providing the occupant or occupants all
information required to be provided under the Residential Lead-
Based Paint Hazard Reduction Act of 1992, and amendments thereto.
(10) "Managing agent" means any person who has
charge, care, or control of a building or part thereof in which
dwelling units or rooming units are leased.
(11) "Mouthable lead-bearing substance" means any
substance on surfaces or fixtures five feet or less from the
floor or ground that form a protruding corner or similar edge, or
protrude one-half inch or more from a flat wall surface, or are
freestanding, containing lead-contaminated dust at a level that
constitutes a lead poisoning hazard. Mouthable surfaces or
fixtures include toys, vinyl miniblinds, doors, door jambs,
stairs, stair rails, windows, windowsills, and baseboards.
(12) "Persistent elevated blood lead level" means a
blood lead concentration of 15-19 micrograms per deciliter
determined by the lowest of three consecutive blood tests. The
first two blood tests shall be performed within six-month period,
and the third blood test shall be performed at least 12 weeks and
not more than six months after the second blood test.
(13) "Readily accessible lead-bearing substance"
means any substance containing lead at a level that constitutes a
lead poisoning hazard which can be ingested or inhaled by a child
under 6 years of age. Readily accessible substances include
deteriorated paint that is peeling, chipping, cracking, flaking,
or blistering to the extent that the paint has separated from the
substrate. Readily accessible substances also include soil,
water, and paint that is chalking.
(14) "Regularly visits" means the presence at a
residential housing unit or child-occupied facility on at least
two different days within any week, provided that each day's
visit lasts at least three hours and the combined weekly visits
last at least six hours, and the combined annual visits last at
least 60 hours.
(15) "Remediation" means the elimination or control
of lead poisoning hazards by methods approved by the Department.
(16) "Residential housing unit" means a dwelling,
dwelling unit, or other structure, all or part of which is
designed or used for human habitation, including the common
areas, the grounds, any outbuildings, or other structures
appurtenant to the residential housing unit.
(17) "Supplemental address" means a residential
housing unit or child-occupied facility where a child with a
persistent elevated blood lead level or a confirmed lead
poisoning regularly visits or attends. Supplemental address also
means a residential housing unit or child-occupied facility where
a child resided, regularly visited, or attended within the six
months immediately preceding the determination of a persistent
elevated blood lead level or a confirmed lead poisoning. (1997-
443, ss. 11A.123, 15.30(b); 1998-209, s. 2.)
§ 130A-131.8. Reports of blood levels in
children.
All laboratories doing business in this State shall report
to the Department blood lead levels of one microgram per
deciliter or greater for children less than 6 years of age and
for individuals whose ages are unknown at the time of testing.
Reports shall be made within five working days after test
completion on forms provided by the Department or on self-
generated forms containing: the child's full name, date of birth,
sex, race, address, and Medicaid number, if any; the name,
address, and telephone number of the requesting health care
provider; the name, address, and telephone number of the testing
laboratory; the laboratory results, the specimen type -- venous
or capillary; the laboratory sample number, and the dates the
sample was collected and analyzed. Such reports may be made by
electronic submissions. (1997-443, s. 15.30(b).)
§ 130A-131.9. Examination and testing.
When the Department has a reasonable suspicion that a child
less than 6 years of age has a persistent elevated blood lead
level or a confirmed lead poisoning, the Department may require
that child to be examined and tested within 30 days. The
Department shall require from the owner, managing agent, or
tenant of the residential housing unit or child-occupied facility
information on each child who resides in, regularly visits, or
attends, or, who has within the past six months, resided in,
regularly visited, or attended the unit or facility. The
information required shall include each child's name and date of
birth, the names and addresses of each child's parents, legal
guardian, or full-time custodian. The owner, managing agent, or
tenant shall submit the required information within 10 days of
receipt of the request from the Department. (1997-443, s.
15.30(b).)
§ 130A-131.9A. Investigation to identify lead
poisoning hazards.
(a) When the Department learns of a persistent elevated
blood lead level or a confirmed lead poisoning, the Department
shall conduct an investigation to identify the lead poisoning
hazards to children. The Department shall investigate the
residential housing unit or child-occupied facility where the
child with the persistent elevated blood lead level or the
confirmed lead poisoning resides, regularly visits, or attends.
The Department shall also investigate the supplemental addresses
of the child who has a persistent elevated blood lead or a
confirmed lead poisoning.
(b) The Department shall also conduct an investigation when
it reasonably suspects that a lead poisoning hazard to children
exists in a residential housing unit or child-occupied facility
occupied, regularly visited, or attended by a child less than 6
years of age.
(c) In conducting an investigation, the Department may take
samples of surface materials, or other materials suspected of
containing lead, for analysis and testing. If samples are taken,
chemical determination of the lead content of the samples shall
be by atomic absorption spectroscopy or equivalent methods
approved by the Department. (1997-443, s. 15.30(b).)
§ 130A-131.9B. Notification.
Upon determination that a lead poisoning hazard exists, the
Department shall give written notice of the lead poisoning hazard
to the owner or managing agent of the residential housing unit or
child-occupied facility and to all persons residing in,
attending, or regularly visiting the unit or facility. The
written notice to the owner or managing agent shall include a
list of possible methods of abatement of the lead-based paint
hazards and of possible methods of remediation of any other lead
poisoning hazard. (1997-443, s. 15.30(b).)
§ 130A-131.9C. Abatement and remediation.
(a) Upon determination that a child less than 6 years of
age has a confirmed lead poisoning of 20 micrograms per deciliter
or greater and that child resides in, attends, or regularly
visits, a residential housing unit or child-occupied facility
containing lead poisoning hazards, the Department shall require
abatement of the lead-based paint hazards and the remediation of
other lead poisoning hazards. The Department shall also require
the abatement of the lead-based paint hazards and the remediation
of other lead poisoning hazards identified at the supplemental
addresses of a child less than 6 years of age with a confirmed
lead poisoning of 20 micrograms per deciliter or greater.
(b) When abatement of lead-based paint hazards or
remediation of other lead poisoning hazards is required under
subsection (a) of this section, the owner or managing agent shall
submit a written remediation plan to the Department within 14
days of receipt of the lead poisoning hazard notification and
shall obtain written approval of the plan prior to initiating
abatement of lead-based paint hazards or remediation of other
lead poisoning hazards. The remediation plan shall comply with
subsections (g), (h), and (i) of this section.
(c) If the remediation plan submitted fails to meet the
requirements of this section, the Department shall issue an order
requiring submission of a modified plan. The order shall indicate
the modifications which shall be made to the remediation plan and
the date by which the plan as modified shall be submitted to the
Department.
(d) If the owner or managing agent does not submit a
remediation plan within 14 days, the Department shall issue an
order requiring submission of a remediation plan within five days
of receipt of the order.
(e) The owner or managing agent shall notify the Department
and the occupants of the dates of remediation activities at least
three days prior to the commencement of the activities.
(f) Abatement of lead-based paint hazards and remediation
of other lead poisoning hazards shall be completed within 60 days
of the Department's approval of the remediation plan. If these
activities are not completed within 60 days as required, the
Department shall issue an order requiring completion of the
activities. An owner or managing agent may apply to the
Department for an extension of the deadline. The Department may
issue an order extending the deadline for 30 days upon proper
written application by the owner or managing agent.
(g) The following methods of abatement of lead-based paint
hazards are prohibited:
(1) Stripping paint on-site with methylene chloride-
based solutions;
(2) Torch or flame burning;
(3) Heating paint with a heat gun above 1,100
degrees Fahrenheit;
(4) Covering with new paint or wallpaper unless all
readily accessible lead-based paint has been removed;
(5) Uncontrolled abrasive blasting; or
(6) Uncontrolled waterblasting.
(h) All lead-containing waste and residue shall be removed
and disposed of in accordance with applicable federal, State, and
local laws and rules.
(i) All remediation plans shall require that the lead
poisoning hazards be reduced to below the following levels:
(1) Floor lead dust levels are less than 100
micrograms per square foot;
(2) Windowsill lead dust levels are less than 500
micrograms per square foot;
(3) Window trough lead dust levels are less than
800 micrograms per square foot;
(4) Soil lead levels are less than 400 parts per
million or such other level higher than 400 parts per million as
determined by the Department to prevent a hazard in light of the
condition and use of the land and in light of other relevant
factors; and
(5) Drinking water lead levels less than 15 parts
per billion.
(j) The Department shall verify by visual inspection that
the approved remediation plan has been completed. The Department
may also verify plan completion by residual lead dust monitoring
and soil or drinking water lead level measurement.
(j1) Compliance with the maintenance standard satisfies the
remediation requirements for confirmed lead poisoning cases
identified on or after 1 October 1990 as long as all lead
poisoning hazards identified on interior and exterior surfaces
are addressed by remediation. Except for owner-occupied
residential housing units, continued compliance shall be verified
by means of an annual monitoring inspection conducted by the
Department. For owner-occupied residential housing units,
continued compliance shall be verified (i) by means of an annual
monitoring inspection, (ii) by documentation that no child less
than six years of age has resided in or regularly visited the
residential housing unit within the past year, or (iii) by
documentation that no child less than six years of age residing
in or regularly visiting the unit has an elevated blood lead
level.
(k) Removal of children from the residential housing unit
or child-occupied facility shall not constitute abatement or
remediation if the property continues to be used for a
residential housing unit or child-occupied facility. (1997-443,
s. 15.30(b); 1998-209, s. 3.)
§ 130A-131.9D. Effect of compliance with maintenance
standard.
Any owner of a residential housing unit constructed prior to
1978 who is sued by a current or former occupant seeking damages
for injuries allegedly arising from exposure to lead-based paint
or lead-contaminated dust, shall not be deemed liable (i) for any
injuries sustained by that occupant after the owner first
complied with the maintenance standard defined under G.S. 130A-
131.7 provided the owner has repeated the steps provided for in
the maintenance standard annually for units in which children of
less than six years of age have resided or regularly visited
within the past year and obtained a certificate of compliance
under G.S. 130A-131.9E annually during such occupancy; or (ii) if
the owner is able to show by other documentation that compliance
with the maintenance standard has been maintained during the
period when the injuries were sustained; or (iii) if the owner is
able to show that the unit was lead-safe housing containing no
lead-based paint hazards during the period when the injuries were
sustained. (1997-443, s. 15.30(b); 1998-209, s. 4.)
§ 130A-131.9E. Certificate of evidence of
compliance.
An owner of a unit who has complied with the maintenance
standard may apply annually to the Department for a certificate
of compliance. Upon presentation of acceptable proof of
compliance, the Department shall provide to the owner a
certificate evidencing compliance. The Department may issue a
certificate based solely on information provided by the owner and
may revoke the certificate upon showing that any of the
information is erroneous or inadequate, or upon finding that the
unit is no longer in compliance with the maintenance standard.
(1997-443, s. 15.30(b).)
§ 130A-131.9F. Discrimination in financing.
(a) No bank or financial institution in the business of
lending money for the purchase, sale, construction,
rehabilitation, improvement, or refinancing of real property of
the lending of money secured by an interest in real property may
refuse to make such loans merely because of the presence of lead-
based paint on the residential real property or in the
residential housing unit provided that the owner is in compliance
with the maintenance standard and has obtained a certificate of
compliance under G.S. 130A-131.9E annually.
(b) Nothing in this section shall (i) require a financial
institution to extend a loan or otherwise provide financial
assistance if it is clearly evident that health-related issues,
other than those related to lead-based paint, made occupancy of
the housing accommodation an imminent threat to the health or
safety of the occupant, or (ii) be construed to preclude a
financial institution from considering the fair market value of
the property which will secure the proposed loan.
(c) Failure to meet the maintenance standard shall not be
deemed a default under existing mortgages. (1997-443, s.
15.30(b).)
§ 130A-131.9G. Resident responsibilities.
In any residential housing unit occupied by a child less
than 6 years old who has an elevated blood lead level of 10
micrograms per deciliter or greater, the Department shall advise,
in writing, the owner or managing agent and the child's parents
or legal guardian as to the importance of carrying out routine
cleaning activities in the units they occupy, own, or manage.
Such cleaning activities shall include:
(1) Wiping clean all windowsills with a damp cloth
or sponge at least weekly;
(2) Regularly washing all surfaces accessible to
children;
(3) In the case of a leased residential housing
unit, identifying any deteriorated paint in the unit and
notifying the owner or managing agent of such conditions within
72 hours of discovery; and
(4) Identifying and understanding potential lead
poisoning hazards in the environment of each child under the age
of 6 in the unit (including toys, vinyl miniblinds, playground
equipment, drinking water, soil, and painted surfaces), and
taking steps to prevent children from ingesting lead such as
encouraging children to wash their faces and hands frequently and
especially after playing outdoors. (1997-443, s. 15.30(b).)
§ 130A-131.9H. Application fees for certificates of
compliance.
The Department shall collect an application fee of ten
dollars ($10.00) for each certificate of compliance. Fee receipts
shall be used to support the program that is developed to
implement this Part. Fee receipts also may be used to provide for
relocation and medical expenses incurred by children with
confirmed lead poisoning. (1998-209, s. 5.)
Part 5. Disposition of Remains of Terminated Pregnancies.
§ 130A-131.10. Manner of disposition of remains of
pregnancies.
(a) The Commission for Health Services shall adopt rules to
ensure that all facilities authorized to terminate pregnancies,
and all medical or research laboratories or facilities to which
the remains of terminated pregnancies are sent by facilities
authorized to terminate pregnancies, shall dispose of the remains
in a manner limited to burial, cremation, or, except as
prohibited by subsection (b) of this section, approved hospital
type of incineration.
(b) A hospital or other medical facility or a medical or
research laboratory or facility shall dispose of the remains of a
recognizable fetus only by burial or cremation. The Commission
shall adopt rules to implement this subsection.
(c) A hospital or other medical facility is relieved from
the obligation to dispose of the remains in accordance with
subsections (a) and (b) of this section if it sends the remains
to a medical or research laboratory or facility.
(d) This section does not impose liability on a permitted
medical waste treatment facility for a hospital's or other
medical facility's violation of this section nor does it impose
any additional duty on the treatment facility to inspect waste
received from the hospital or medical facility to determine
compliance with this section. (1989, c. 85; 1997-517, s. 4.)
Part 6. Adolescent Pregnancy Prevention Projects.
§ 130A-131.15. Department to establish
program.
(a) The Department shall establish and administer a program
to distribute funds appropriated for adolescent pregnancy
prevention projects.
(b) The Commission shall adopt rules necessary to implement
the program.
(c) The Department shall evaluate all of the adolescent
pregnancy prevention projects funded as a result of this program
at least yearly and shall report its findings to the Commission
for Health Services, the Joint Legislative Commission on
Governmental Operations, and the Chairmen of the House
Appropriations Subcommittee on Health and Human Services, and the
Senate Appropriations Committee on Health and Human Services by
April 1 of each year. The evaluation shall be conducted by a firm
or individual external to the Department. Any evaluation of these
projects shall include a study of the effectiveness of the
project in reducing the pregnancy rate within the target
population.
(d) The Commission shall be responsible for monitoring the
Department's administration of the Adolescent Pregnancy
Prevention Program. The Department shall manage and fund the
Adolescent Pregnancy Prevention Program projects as follows:
(1) Applications. Any local agency or organization
or combination of agencies and organizations may apply to the
Department for an allocation of money to operate a project aimed
at preventing adolescent pregnancy. The application shall contain
an analysis of the adolescent pregnancy and related problems in
the locality the project would serve, and a description of how
the project would attempt, over a period of at least five years,
to prevent the problems. The application shall state how much
money is needed to operate the project and how the money shall be
spent. The Department shall conduct annually a proposal-writing
session that shall be attended by a representative of any project
that wishes to apply for funding; that session shall define the
criteria for accountability and evaluation that the Department
requires of projects. That session shall also provide information
about additional funding sources to which projects might turn to
satisfy the matching requirements of subdivision (5) of this
subsection.
(2) Proposal Requirements. The Department shall
apply the following minimum standards to projects applying for
first-year funding:
a. Each project shall have a plan of action
that extends for at least five years for prevention of adolescent
pregnancy.
b. Each project shall have realistic,
specific, and measurable goals and objectives for the prevention
of adolescent pregnancy.
c. Each project, before submitting its
proposal, shall send a representative to the proposal-writing
session held by the Department.
(3) Operating Standards. The Department shall apply
the following minimum operating standards:
a. Each project shall have a Board of Advisors
composed of members from outside the sponsoring agency of the
project. The Board of Advisors shall include representatives from
at least four of the following: media, government, charitable
organizations, private business, and medical institutions. The
Boards of Advisors shall meet at least quarterly and advise
project staff on project policies and operations.
b. Each project shall comply with reporting,
contracting, and evaluation requirements of the Department.
c. Each project shall define and maintain
cooperative ties with other community institutions.
d. Each project shall demonstrate its ability
to attract financial support from sources other than the State,
including sources in the local community.
(4) Criteria for Project Selection. For first-year
funding, the Department shall choose from among the applicants
that meet the minimum standards in subdivision (2) of this
subsection the best selection of projects according to the
following criteria:
a. Adequacy of proposed staff to meet project
objectives;
b. Appropriateness of project strategies to
reduce adolescent pregnancy;
c. Level of community support, including
endorsement from the appropriate local government entity and
documentation from the appropriate local government entity and
from community organizations that opportunity has been given for
citizen input into the proposed program, and that there is
community support for the proposal. Documentation may include
letters or statements of support from citizens or community
organizations, or statements that community support was expressed
at public hearings. A public hearing is not required by this
paragraph;
d. Degree of need of the locality, including
that the county has a significant adolescent pregnancy problem as
evidenced by its attributable risk score developed by the State
Center for Health and Environmental Statistics; and
e. Other appropriate criteria.
The Department shall make its recommendations for
funding to the Commission. The Commission shall make the final
determination of which projects are to be funded. The Commission
shall consider the recommendations of the Department but shall
not be bound by them. The Commission shall notify the projects
that are to be funded by June 1 of each year.
(5) Schedule of Funding. If the Commission, upon
consultation with the Department, finds that a project it has
chosen for first-year funding continues to meet the operating
standards of subdivisions (2) and (3) of this subsection, funding
for that project shall continue, to the extent of available
money, for an additional four years. The level of funding
provided by the Department to approved projects shall be set
according to the following schedule:
a. First year, eighty percent (80%) of the
project's annual budget not to exceed the maximum award
established by the Commission for Health Services;
b. Second year, ninety percent (90%) of the
State appropriations or federal block grant funds awarded in the
first year;
c. Third year, seventy-five percent (75%) of
the State appropriations or federal block grant funds awarded in
the first year;
d. Fourth year, sixty-five percent (65%) of
the State appropriations or federal block grant funds awarded in
the first year; and
e. Fifth year, fifty percent (50%) of the
State appropriations or federal block grant funds awarded in the
first year.
The portion of a project's budget that must come
from sources other than State or federal block grant funds may be
provided as in-kind contributions as well as cash.
(6) Five-Year Limit on Funding. No project shall
receive State funding if it has previously received State funding
for five full years. Any project that has received State funding
before July 1, 1990, will be eligible for consideration for an
additional five years' State support, according to the schedule.
The Commission may fund any such project that meets the minimum
standards if it determines, after considering the experience and
impact of the project and measuring its application against those
of other applicants, that it should be funded.
(7) Maximum Level of Funding. The Commission for
Health Services shall by rule determine the maximum annual amount
that may be made to any one project.
(8) As adolescent pregnancy prevention project
grant funds decrease, a project shall maintain its original
budget level, less the amount expended for start-up costs. The
Department shall develop guidelines for determining start-up
costs, which guidelines shall be uniform for all projects. Local
match percentage may come from any in-kind source or newly
generated funds, public or private, available to the project.
(1993, c. 321, s. 276; 1995, c. 509, s. 69; 1997-443, s. 11A.77.)
Part 7. Birth Defects.
§ 130A-131.16. Birth defects monitoring program
established; definitions.
(a) The Birth Defects Monitoring Program is established
within the State Center for Health and Environmental Statistics.
The Birth Defects Monitoring Program shall compile, tabulate, and
publish information related to the incidence and prevention of
birth defects.
(b) As used in this Part, unless the context clearly
requires otherwise, the term:
(1) "Birth defect" means any physical, functional,
or chemical abnormality present at birth that is of possible
genetic or prenatal origin.
(2) "Program" means the Birth Defects Monitoring
Program established under this Part.
(c) Physicians and persons in charge of licensed medical
facilities shall, upon request, permit staff of the Program to
examine, review, and obtain a copy of any medical record in their
possession or under their control that pertains to a diagnosed or
suspected birth defect, including the records of the mother.
(d) A physician or person in charge of a licensed medical
facility who permits examination, review, or copying of medical
records pursuant to this section shall be immune from civil or
criminal liability that might otherwise be incurred or imposed
for providing access to these medical records based upon invasion
of privacy or breach of physician-patient confidentiality. (1995,
c. 268, s. 1.)
§ 130A-131.17. Confidentiality of information;
research.
(a) All information collected and analyzed by the Program
pursuant to this Part shall be confidential insofar as the
identity of the individual patient is concerned. This
information shall not be considered public record open to
inspection. Access to the information shall be limited to
Program staff authorized by the Director of the State Center for
Health and Environmental Statistics. The Director of the State
Center for Health and Environmental Statistics may also authorize
access to this information to persons engaged in demographic,
epidemiological, or other similar scientific studies related to
health. The Commission shall adopt rules that establish strict
criteria for the use of monitoring Program information for
scientific research. All persons given authorized access to
Program information shall agree, in writing, to maintain
confidentiality.
(b) All scientific research proposed to be conducted by
persons other than authorized Program staff using the information
from the Program, shall first be reviewed and approved by the
Director of the State Center for Health and Environmental
Statistics and an appropriate committee for the protection of
human subjects which is approved by the United States Department
of Health and Human Services pursuant to Part 46 of Title 45 of
the Code of Federal Regulations. Satisfaction of the terms of
the Commission's rules for data access shall entitle the
researcher to obtain information from the Program and, if part of
the research protocol, to contact case subjects.
(c) Whenever authorized Program staff propose a research
protocol that includes contacting case subjects, the Director of
the State Center for Health and Environmental Statistics shall
submit a protocol describing the research to the State Health
Director and to an appropriate committee for the protection of
human subjects which is approved by the United States Department
of Health and Human Services pursuant to Part 46 of Title 45 of
the Code of Federal Regulations. If and when the protocol is
approved by the committee and by the State Health Director
pursuant to the rules of the Commission, then Program staff shall
be entitled to complete the approved project and to contact case
subjects.
(d) The Program shall maintain a record of all persons who
are given access to the information in the system. The record
shall include the following:
(1) The name of the person authorizing access;
(2) The name, title, and organizational affiliation
of persons given access;
(3) The dates of access; and
(4) The specific purposes for which information is
to be used.
The record required under this subsection shall be open to public
inspection during normal operating hours.
(e) Nothing in this section prohibits the Program from
publishing statistical compilations relating to birth defects
that do not in any way identify individual patients. (1995, c.
268, s. 1.)
Part 8. Office of Women's Health.
§ 130A-131.25. Office of Women's Health
established.
(a) There is established in the Department the Office of
Women's Health. The purpose of the office is to expand the
State's public health concerns and focus to include a
comprehensive outlook on the overall health status of women. The
primary goals of the Office shall be the prevention of disease
and improvement in the quality of life for women over their
entire lifespan. The Department shall develop strategies for
achieving these goals, which shall include but not be limited to:
(1) Developing a strategic plan to improve public
services and programs targeting women;
(2) Conducting policy analyses on specific issues
related to women's health;
(3) Facilitating communication among the
Department's programs and between the Department and external
women's health groups and community-based organizations;
(4) Building public health awareness and capacity
regarding women's health issues by providing a series of services
including evaluation, recommendation, technical assistance, and
training; and
(5) Developing initiatives for modification or
expansion of women-oriented services with the intent of
establishing meaningful public/private partnerships in the
future.
(b) The Office shall study the feasibility of establishing
initiatives for:
(1) Early intervention services for women infected
with HIV; and
(2) Outreach, treatment, and follow-up services to
women at high risk for contracting sexually transmitted diseases.
In conducting the study the Department shall take into
consideration related services already in place in the Department
and at the local level. (1997-172, s. 2.)
ARTICLE 6.
Communicable Diseases.
Part 1. In General.
§ 130A-133. Definitions.
The following definitions shall apply throughout this
Article:
(1) "Communicable disease" means an illness due to
an infectious agent or its toxic products which is transmitted
directly or indirectly to a person from an infected person or
animal through the agency of an intermediate animal, host or
vector, or through the inanimate environment.
(2) "Isolation authority" means the authority to
limit the freedom of movement or action of a person or animal
with a communicable disease or communicable condition for the
period of communicability to prevent the direct or indirect
conveyance of the infectious agent from the person or animal to
other persons or animals who are susceptible or who may spread
the agent to others.
(3) "Outbreak" means an occurrence of a case or
cases of a disease in a locale in excess of the usual number of
cases of the disease.
(4) "Quarantine authority" means the authority to
limit the freedom of movement or action of persons or animals
which have been exposed to or are reasonably suspected of having
been exposed to communicable disease or communicable condition
for a period of time as may be necessary to prevent the spread of
that disease. The term also means the authority to limit the
freedom of movement or action of persons who have not received
immunizations against a communicable disease listed in G.S.
130A-152 when the local health director determines that such
immunizations are required to control an outbreak of that
disease.
(5) "Communicable condition" means the state of
being infected with a communicable agent but without symptoms.
(1979, c. 192, s. 1; 1983, c. 891, s. 2; 1987, c. 782, ss. 1-3.)
§ 130A-134. Reportable diseases and
conditions.
The Commission shall establish by rule a list of
communicable diseases and communicable conditions to be reported.
(1983, c. 891, s. 2; 1987, c. 782, s. 4.)
§ 130A-135. Physicians to report.
A physician licensed to practice medicine who has reason to
suspect that a person about whom the physician has been consulted
professionally has a communicable disease or communicable
condition declared by the Commission to be reported, shall report
information required by the Commission to the local health
director of the county or district in which the physician is
consulted. The Commission shall declare confirmed HIV infection
to be a reportable communicable condition. (1893, c. 214, s. 11;
Rev., s. 3448; 1917, c. 263, s. 7; C.S., s. 7151; 1921, c. 223,
s. 1; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s.
2; 1987, c. 782, s. 5; 1989, c. 698, s. 3.)
§ 130A-136. School principals and child care
operators to report.
A principal of a school and an operator of a child care
facility, as defined in G.S. 110-86(3), who has reason to suspect
that a person within the school or child care facility has a
communicable disease or communicable condition declared by the
Commission to be reported, shall report information required by
the Commission to the local health director of the county or
district in which the school or facility is located. (1979, c.
192, s. 2; 1983, c. 891, s. 2; 1987, c. 782, s. 6; 1997-506, s.
46.)
§ 130A-137. Medical facilities may report.
A medical facility, in which there is a patient reasonably
suspected of having a communicable disease or condition declared
by the Commission to be reported, may report information
specified by the Commission to the local health director of the
county or district in which the facility is located. (1983, c.
891, s. 2; 1987, c. 782, s. 7.)
§ 130A-138. Operators of restaurants and other food or drink
establishments to report.
An operator of a restaurant or other establishment where
food or drink is prepared or served for pay, as defined in G.S.
130A-247(4) and (5), shall report information required by the
Commission to the local health director of the county or district
in which the restaurant or food establishment is located when the
operator has reason to suspect an outbreak of food-borne illness
in its customers or employees or when it has reason to suspect
that a food handler at the establishment has a food-borne disease
or food-borne condition required by the Commission to be
reported. (1917, c. 263, s. 9; C.S., s. 7153; 1921, c. 223, s. 3;
1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1979, c. 192, s. 3;
1983, c. 891, s. 2; 1987, c. 782, s. 8.)
§ 130A-139. Persons in charge of laboratories to report.
A person in charge of a clinical or pathological laboratory
providing diagnostic service in this State shall report
information required by the Commission to a public health agency
specified by the Commission when the laboratory makes any of the
following findings:
(1) Sputa, gastric contents, or other specimens
which are smear positive for acid fast bacilli or culture
positive for Mycobacterium tuberculosis;
(2) Urethral smears positive for Gram-negative
intracellular diplococci or any culture positive for Neisseria
gonorrhoeae;
(3) Positive serological tests for syphilis or
positive darkfield examination;
(4) Any other positive test indicative of a
communicable disease or communicable condition for which
laboratory reporting is required by the Commission. (1981, c. 81,
s. 1; 1983, c. 891, s. 2; 1987, c. 782, s. 9.)
§ 130A-140. Local health directors to
report.
A local health director shall report to the Department all
cases of diseases or conditions or laboratory findings of
residents of the jurisdiction of the local health department
which are reported to the local health director pursuant to this
Article. A local health director shall report all other cases and
laboratory findings reported pursuant to this Article to the
local health director of the county, district, or authority where
the person with the reportable disease or condition or laboratory
finding resides. (1919, c. 206, s. 2; C.S., s. 7192; 1957, c.
1357, s. 1; 1961, c. 753; 1973, c. 476, s. 128; 1983, c. 891, s.
2; 1987, c. 782, s. 10; 1997-502, s. 10.)
§ 130A-141. Form, content and timing of reports.
The Commission shall adopt rules which establish the
specific information to be submitted when making a report
required by this Article, time limits for reporting, the form of
the reports and to whom reports of laboratory findings are to be
made. (1983, c. 891, s. 2; 1987, c. 782, s. 11.)
§ 130A-142. Immunity of persons who report.
A person who makes a report pursuant to the provisions of
this Article shall be immune from any civil or criminal liability
that might otherwise be incurred or imposed as a result of making
that report. (1983, c. 891, s. 2; 1987, c. 782, s. 12.)
§ 130A-143. Confidentiality of records.
All information and records, whether publicly or privately
maintained, that identify a person who has AIDS virus infection
or who has or may have a disease or condition required to be
reported pursuant to the provisions of this Article shall be
strictly confidential. This information shall not be released or
made public except under the following circumstances:
(1) Release is made of specific medical or
epidemiological information for statistical purposes in a way
that no person can be identified;
(2) Release is made of all or part of the medical
record with the written consent of the person or persons
identified or their guardian;
(3) Release is made to health care personnel
providing medical care to the patient;
(4) Release is necessary to protect the public
health and is made as provided by the Commission in its rules
regarding control measures for communicable diseases and
conditions;
(5) Release is made pursuant to other provisions of
this Article;
(6) Release is made pursuant to subpoena or court
order. Upon request of the person identified in the record, the
record shall be reviewed in camera. In the trial, the trial
judge may, during the taking of testimony concerning such
information, exclude from the courtroom all persons except the
officers of the court, the parties and those engaged in the trial
of the case.
(7) Release is made by the Department or a local
health department to a court or a law enforcement officer for the
purpose of enforcing the provisions of this Article pursuant to
Article 1, Part 2 of this Chapter.
(8) Release is made by the Department or a local
health department to another state or local public health agency
for the purpose of preventing or controlling the spread of a
communicable disease or communicable condition;
(9) Release is made by the Department for bona fide
research purposes. The Commission shall adopt rules providing
for the use of the information for research purposes;
(10) Release is made pursuant to G.S. 130A-144(b);
or
(11) Release is made pursuant to any other
provisions of law that specifically authorize or require the
release of information or records related to AIDS. (1983, c. 891,
s. 2; 1987, c. 782, s. 13.)
§ 130A-144. Investigation and control
measures.
(a) The local health director shall investigate, as
required by the Commission, cases of communicable diseases and
communicable conditions reported to the local health director
pursuant to this Article.
(b) Physicians and persons in charge of medical facilities
or clinical or pathological laboratories shall, upon request and
proper identification, permit a local health director or the
State Health Director to examine, review, and obtain a copy of
medical records in their possession or under their control which
pertain to the diagnosis, treatment, or prevention of a
communicable disease or communicable condition for a person
infected, exposed, or reasonably suspected of being infected or
exposed to such a disease or condition.
(c) A physician or a person in charge of a medical facility
or clinical or pathological laboratory who permits examination,
review or copying of medical records pursuant to subsection (b)
shall be immune from any civil or criminal liability that
otherwise might be incurred or imposed as a result of complying
with a request made pursuant to subsection (b).
(d) The attending physician shall give control measures
prescribed by the Commission to a patient with a communicable
disease or communicable condition and to patients reasonably
suspected of being infected or exposed to such a disease or
condition. The physician shall also give control measures to
other individuals as required by rules adopted by the Commission.
(e) The local health director shall ensure that control
measures prescribed by the Commission have been given to prevent
the spread of all reportable communicable diseases or
communicable conditions and any other communicable disease or
communicable condition that represents a significant threat to
the public health. The local health department shall provide, at
no cost to the patient, the examination and treatment for
tuberculosis disease and infection and for sexually transmitted
diseases designated by the Commission.
(f) All persons shall comply with control measures,
including submission to examinations and tests, prescribed by the
Commission subject to the limitations of G.S. 130A-148.
(g) The Commission shall adopt rules that prescribe control
measures for communicable diseases and conditions subject to the
limitations of G.S. 130A-148. Temporary rules prescribing
control measures for communicable diseases and conditions shall
be adopted pursuant to G.S. 150B-13.
(h) Anyone who assists in an inquiry or investigation
conducted by the State Health Director for the purpose of
evaluating the risk of transmission of HIV or Hepatitis B from an
infected health care worker to patients, or who serves on an
expert panel established by the State Health Director for that
purpose, shall be immune from civil liability that otherwise
might be incurred or imposed for any acts or omissions which
result from such assistance or service, provided that the person
acts in good faith and the acts or omissions do not amount to
gross negligence, willful or wanton misconduct, or intentional
wrongdoing. This qualified immunity does not apply to acts or
omissions which occur with respect to the operation of a motor
vehicle. Nothing in this subsection provides immunity from
liability for a violation of G.S. 130A-143. (1893, c. 214, s. 16;
Rev., s. 4459; 1909, c. 793, s. 8; C.S., s. 7158; 1957, c. 1357,
s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 782, s.
14; 1991, c. 225, s. 1; 1995, c. 228, s. 1.)
§ 130A-145. Local health director has quarantine and
isolation authority.
A local health director and the State Health Director are
empowered to exercise quarantine and isolation authority.
Quarantine and isolation authority shall be exercised only when
and so long as the public health is endangered, all other
reasonable means for correcting the problem have been exhausted,
and no less restrictive alternative exists. (1957, c. 1357, s. 1;
1983, c. 891, s. 2; 1987, c. 782, s. 15.)
§130A-146. Transportation of bodies of persons who have died
of reportable diseases.
No person shall transport in this State the remains of any
person who has died of a disease declared by the Commission to be
reported until the body has been encased in a manner as
prescribed by rule by the Commission. Only persons who have
complied with the rules of the Commission concerning the removal
of dead bodies shall be issued a burial-transit permit. (1893, c.
214, s. 16; Rev., s. 4459; C.S., s. 7161; 1953, c. 675, s. 16;
1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-147. Rules of the Commission.
For the protection of the public health, the Commission is
authorized to adopt rules for the detection, control and
prevention of communicable diseases. (1983, c. 891, s. 2.)
§ 130A-148. Laboratory tests for AIDS virus
infection.
(a) For the protection of the public health, the Commission
shall adopt rules establishing standards for the certification of
laboratories to perform tests for Acquired Immune Deficiency
Syndrome (AIDS) virus infection. The rules shall address, but
not be limited to, proficiency testing, record maintenance,
adequate staffing and confirmatory testing. Tests for AIDS virus
infection shall be performed only by laboratories certified
pursuant to this subsection and only on specimens submitted by a
physician licensed to practice medicine. This subsection shall
not apply to testing performed solely for research purposes under
the approval of an institutional review board.
(b) Prior to obtaining consent for donation of blood,
semen, tissue or organs, a facility or institution seeking to
obtain blood, tissue, semen or organs for transfusion,
implantation, transplantation or administration shall provide the
potential donor with information about AIDS virus transmission,
and information about who should not donate.
(c) No blood or semen may be transfused or administered
when blood from the donor has not been tested or has tested
positive for AIDS virus infection by a standard laboratory test.
(d) No tissue or organs may be transplanted or implanted
when blood from the donor has not been tested or has tested
positive for AIDS virus infection by a standard laboratory test
unless consent is obtained from the recipient, or from the
recipient's guardian or a responsible adult relative of the
recipient if the recipient is not competent to give such consent.
(e) Any facility or institution that obtains or transfuses,
implants, transplants, or administers blood, tissue, semen, or
organs shall be immune from civil or criminal liability that
otherwise might be incurred or imposed for transmission of AIDS
virus infection if the provisions specified in subsections (b),
(c), and (d) of this section have been complied with.
(f) Specimens may be tested for AIDS virus infection for
research or epidemiologic purposes without consent of the person
from whom the specimen is obtained if all personal identifying
information is removed from the specimen prior to testing.
(g) Persons tested for AIDS virus infection shall be
notified of test results and counseled appropriately. This
subsection shall not apply to tests performed by or for entities
governed by Article 39 of Chapter 58 of the General Statutes, the
Insurance Information and Privacy Protection Act, provided that
said entities comply with the notice requirements thereof.
(h) The Commission may authorize or require laboratory
tests for AIDS virus infection when necessary to protect the
public health.
A test for AIDS virus infection may also be performed upon
any person solely by order of a physician licensed to practice
medicine in North Carolina who is rendering medical services to
that person when, in the reasonable medical judgment of the
physician, the test is necessary for the appropriate treatment of
the person; however, the person shall be informed that a test for
AIDS virus infection is to be conducted, and shall be given clear
opportunity to refuse to submit to the test prior to it being
conducted, and further if informed consent is not obtained, the
test may not be performed. A physician may order a test for AIDS
virus infection without the informed consent of the person tested
if the person is incapable of providing or incompetent to provide
such consent, others authorized to give consent for the person
are not available, and testing is necessary for appropriate
diagnosis or care of the person.
An unemancipated minor may be tested for AIDS virus
infection without the consent of the parent or legal guardian of
the minor when the parent or guardian has refused to consent to
such testing and there is reasonable suspicion that the minor has
AIDS virus or HIV infection or that the child has been sexually
abused.
(i) Except as provided in this section, no test for AIDS
virus infection shall be required, performed or used to determine
suitability for continued employment, housing or public services,
or for the use of places of public accommodation as defined in
G.S. 168A-3(8), or public transportation.
Further it shall be unlawful to discriminate against any
person having AIDS virus or HIV infection on account of that
infection in determining suitability for continued employment,
housing, or public services, or for the use of places of public
accommodation, as defined in G.S. 168A-3(8), or public
transportation.
Any person aggrieved by an act or discriminatory practice
prohibited by this subsection relating to housing shall be
entitled to institute a civil action pursuant to G.S. 41A-7 of
the State Fair Housing Act. Any person aggrieved by an act or
discriminatory practice prohibited by this subsection other than
one relating to housing may bring a civil action to enforce
rights granted or protected by this subsection.
The action shall be commenced in superior court in the
county where the alleged discriminatory practice or prohibited
conduct occurred or where the plaintiff or defendant resides.
Such action shall be tried to the court without a jury. Any
relief granted by the court shall be limited to declaratory and
injunctive relief, including orders to hire or reinstate an
aggrieved person or admit such person to a labor organization.
In a civil action brought to enforce provisions of this
subsection relating to employment, the court may award back pay.
Any such back pay liability shall not accrue from a date more
than two years prior to the filing of an action under this
subsection. Interim earnings or amounts earnable with reasonable
diligence by the aggrieved person shall operate to reduce the
back pay otherwise allowable. In any civil action brought under
this subsection, the court, in its discretion, may award
reasonable attorney's fees to the substantially prevailing party
as a part of costs.
A civil action brought pursuant to this subsection shall be
commenced within 180 days after the date on which the aggrieved
person became aware or, with reasonable diligence, should have
become aware of the alleged discriminatory practice or prohibited
conduct.
Nothing in this section shall be construed so as to prohibit
an employer from:
(1) Requiring a test for AIDS virus infection for
job applicants in preemployment medical examinations required by
the employer;
(2) Denying employment to a job applicant based
solely on a confirmed positive test for AIDS virus infection;
(3) Including a test for AIDS virus infection
performed in the course of an annual medical examination
routinely required of all employees by the employer; or
(4) Taking the appropriate employment action,
including reassignment or termination of employment, if the
continuation by the employee who has AIDS virus or HIV infection
of his work tasks would pose a significant risk to the health of
the employee, coworkers, or the public, or if the employee is
unable to perform the normally assigned duties of the job.
(j) It shall not be unlawful for a licensed health care
provider or facility to:
(1) Treat a person who has AIDS virus or HIV
infection differently from persons who do not have that infection
when such treatment is appropriate to protect the health care
provider or employees of the provider or employees of the
facility while providing appropriate care for the person who has
the AIDS virus or HIV infection; or
(2) Refer a person who has AIDS virus or HIV
infection to another licensed health care provider or facility
when such referral is for the purpose of providing more
appropriate treatment for the person with AIDS virus or HIV
infection. (1987, c. 782, s. 16; 1989, c. 698, s. 1; 1991, c.
720, s. 78.)
§§ 130A-149 to 130A-151. Reserved for future
codification purposes.
PART 2. Immunization.
§ 130A-152. Immunization required.
(a) Every child present in this State shall be immunized
against diphtheria, tetanus, whooping cough, poliomyelitis, red
measles (rubeola) and rubella. In addition, every child present
in this State shall be immunized against any other disease upon a
determination by the Commission that the immunization is in the
interest of the public health. Every parent, guardian, person in
loco parentis and person or agency, whether governmental or
private, with legal custody of a child shall have the
responsibility to ensure that the child has received the required
immunization at the age required by the Commission. If a child
has not received the required immunizations by the specified age,
the responsible person shall obtain the required immunization for
the child as soon as possible after the lack of the required
immunization is determined.
(b) A child who has been immunized for measles prior to
attaining 12 months of age shall be required to obtain a second
measles immunization after the child has attained 12 months of
age in order to satisfy the requirement of subsection (a).
(c) The Commission shall adopt and the Department shall
enforce rules concerning the implementation of the immunization
program. The rules shall provide for:
(1) The child's age at administration of each
vaccine;
(2) The number of doses of each vaccine;
(3) Exemptions from the immunization requirements
where medical practice suggests that immunization would not be in
the best health interests of a specific category of children;
(4) The procedures and practices for administering
the vaccine; and
(5) Redistribution of vaccines provided to local
health departments.
(c1) The Commission for Health Services shall, pursuant to
G.S. 130A-152 and G.S. 130A-433, adopt rules establishing
reasonable fees for the administration of vaccines and rules
limiting the requirements that can be placed on children, their
parents, guardians, or custodians as a condition for receiving
vaccines provided by the State. These rules shall become
effective January 1, 1994.
(d) Only vaccine preparations which meet the standards of
the United States Food and Drug Administration or its successor
in licensing vaccines and are approved for use by the Commission
may be used.
(e) When the Commission requires immunization against a
disease not listed in paragraph (a) of this section, or requires
an additional dose of a vaccine, the Commission is authorized to
exempt from the new requirement children who are or who have been
enrolled in school (K-12) on or before the effective date of the
new requirement. (1957, c. 1357, s. 1; 1971, c. 191; 1973, c.
476, s. 128; c. 632, s. 1; 1975, c. 84; 1977, c. 160; 1979, c.
56, s. 1; 1983, c. 891, s. 2; 1985, c. 158; 1993, c. 321, s.
281(a).)
§ 130A-153. Obtaining immunization; reporting by local
health departments; access to immunization information in patient
records; immunization of minors.
(a) The required immunization may be obtained from a
physician licensed to practice medicine or from a local health
department. Local health departments shall administer required
and State-supplied immunizations at no cost to the patient. The
Department shall provide the vaccines for use by the local health
departments. A local health department may redistribute these
vaccines only in accordance with the rules of the Commission.
(b) Local health departments shall file monthly
immunization reports with the Department. The report shall be
filed on forms prepared by the Department and shall state, at a
minimum, each patient's age and the number of doses of each type
of vaccine administered.
(c) Immunization certificates and information concerning
immunizations contained in medical or other records shall, upon
request, be shared with the Department, local health departments,
and the patient's attending physician. In addition, an insurance
institution, agent, or insurance support organization, as those
terms are defined in G.S. 58-39-15, may share immunization
information with the Department. The Commission may, for the
purpose of assisting the Department in enforcing this Part,
provide by rule that other persons may have access to
immunization information, in whole or in part.
(d) A physician or local health department may immunize a
minor with the consent of a parent, guardian, or person standing
in loco parentis to the minor. A physician or local health
department may also immunize a minor who is presented for
immunization by an adult who signs a statement that he or she is
authorized by a parent, guardian, or person standing in loco
parentis to the minor to obtain the immunization for the minor.
(1957, c. 1357, s. 1; 1959, c. 177; 1965, c. 652; 1971, c. 191;
1973, c. 476, s. 128; 1979, c. 56, s. 1; 1983, c. 891, s. 2;
1985, c. 743, ss. 1, 2; 1993, c. 134, s. 1; 1999-110, s. 2.)
§ 130A-154. Certificate of immunization.
(a) A physician or local health department administering a
required vaccine shall give a certificate of immunization to the
person who presented the child for immunization. The certificate
shall state the name of the child, the name of the child's
parent, guardian, or person responsible for the child obtaining
the required immunization, the address of the child and the
parent, guardian or responsible person, the date of birth of the
child, the sex of the child, the number of doses of the vaccine
given, the date the doses were given, the name and address of the
physician or local health department administering the required
immunization and other relevant information required by the
Commission.
(b) Except as otherwise provided in this subsection, a
person who received immunizations in a state other than North
Carolina shall present an official certificate or record of
immunization to the child care facility, school (K-12), or
college or university. This certificate or record shall state the
person's name, address, date of birth, and sex; the type and
number of doses of administered vaccine; the dates of the first
MMR and the last DTP and polio; the name and address of the
physician or local health department administering the required
immunization; and other relevant information required by the
Commission. (1957, c. 1357, s. 1; 1959, c. 177; 1965, c. 652;
1971, c. 191; 1979, c. 56, s. 1; 1983, c. 891, s. 2; 1999-110, s.
3.)
§ 130A-155. Submission of certificate to child care
facility, preschool and school authorities; record maintenance;
reporting.
(a) No child shall attend a school (pre K-12), whether
public, private or religious, a child care facility as defined in
G.S. 110-86(3), unless a certificate of immunization indicating
that the child has received the immunizations required by G.S.
130A-152 is presented to the school or facility. The parent,
guardian, or responsible person must present a certificate of
immunization on the child's first day of attendance to the
principal of the school or operator of the facility, as defined
in G.S. 110-86(7). If a certificate of immunization is not
presented on the first day, the principal or operator shall
present a notice of deficiency to the parent, guardian or
responsible person. The parent, guardian or responsible person
shall have 30 calendar days from the first day of attendance to
obtain the required immunization for the child. If the
administration of vaccine in a series of doses given at medically
approved intervals requires a period in excess of 30 calendar
days, additional days upon certification by a physician may be
allowed to obtain the required immunization. Upon termination of
30 calendar days or the extended period, the principal or
operator shall not permit the child to attend the school or
facility unless the required immunization has been obtained.
(b) The school or child care facility shall maintain on
file immunization records for all children attending the school
or facility which contain the information required for a
certificate of immunization as specified in G.S. 130A-154. These
certificates shall be open to inspection by the Department and
the local health department during normal business hours. When a
child transfers to another school or facility, the school or
facility which the child previously attended shall, upon request,
send a copy of the child's immunization record at no charge to
the school or facility to which the child has transferred.
(c) Within 60 calendar days after the commencement of a new
school year, the school shall file an immunization report with
the Department. The child care facility shall file an
immunization report annually with the Department. The report
shall be filed on forms prepared by the Department and shall
state the number of children attending the school or facility,
the number of children who had not obtained the required
immunization within 30 days of their first attendance, the number
of children who received a medical exemption and the number of
children who received a religious exemption.
(d) Any adult who attends school (pre K-12), whether
public, private or religious, shall obtain the immunizations
required in G.S. 130A-152 and shall present to the school a
certificate in accordance with this section. The physician or
local health department administering a required vaccine to the
adult shall give a certificate of immunization to the person. The
certificate shall state the person's name, address, date of birth
and sex; the number of doses of the vaccine given; the date the
doses were given; the name and addresses of the physician or
local health department administering the required immunization;
and other relevant information required by the Commission. (1957,
c. 1357, s. 1; 1959, c. 177; 1965, c. 652; 1971, c. 191; 1973, c.
632, s. 2; 1979, c. 56, s. 1; 1981, c. 44; 1983, c. 891, s. 2;
1997-506, s. 47; 1999-110, s. 4.)
§ 130A-155.1. Submission of certificate to college or
universities.
(a) Except as otherwise provided in this subsection, no
person shall attend a college or university, whether public,
private, or religious, unless a certificate of immunization or a
record of immunization from a high school located in North
Carolina indicating that the person has received immunizations
required by G.S. 130A-152 is presented to the college or
university. This section shall not apply to educational
institutions established under Chapter 115D of the General
Statutes, or to students registering only in off-campus courses,
or to students attending night or weekend classes only, or to
students taking a course load of four credit hours or less and
residing off campus. The person shall present a certificate or
record of immunization on or before the date the person first
registers for a quarter or semester during which the student will
reside on the campus or first registers for more than four credit
hours to the registrar of the college or university. If a
certificate or record of immunization is not in the possession of
the college or university on the date of first registration, the
college or university shall present a notice of deficiency to the
person. The person shall have 30 calendar days from the date of
the person's first registration to obtain the required
immunization. If immunization requires a series of doses and the
period necessary to give the vaccine at standard intervals
extends beyond the date of the first registration, the student
shall be allowed to attend the college or university upon written
certification by a physician that the standard series is in
progress. The physician shall state the time period needed to
complete the series. Upon termination of this time period, the
college or university shall not permit the person to continue in
attendance unless the required immunization has been obtained.
(b) The college or university shall maintain on file
immunization records for all persons attending the school which
contain the information required for a certificate of
immunization as specified in G.S. 130A-154. These certificates
shall be open to inspection by the Department and the local
health department during normal business hours. When a person
transfers to another college or university, the college or
university which the person previously attended shall, upon
request, send a copy of the person's immunization record at no
charge to the college or university to which the person has
transferred.
(c) Within 60 calendar days after the commencement of a new
school year, the college or university shall file an immunization
report with the Department. The report shall be filed on forms
prepared by the Department and shall state the number of persons
attending the school or facility, the number of persons who had
not obtained the required immunization within 30 days of their
first attendance, the number of persons who received a medical
exemption and the number of persons who received a religious
exemption.
(d) Repealed by Session Laws 1999-110, s. 5. (1985, c. 692,
s. 1; 1987, c. 782, s. 17; 1991, c. 381, s. 1; 1999-110, s. 5.)
§ 130A-156. Medical exemption.
The Commission for Health Services shall adopt by rule
medical contraindications to immunizations required by G.S. 130A-
152. If a physician licensed to practice medicine in this State
certifies that a required immunization is or may be detrimental
to a person's health due to the presence of one of the
contraindications adopted by the Commission, the person is not
required to receive the specified immunization as long as the
contraindication persists. The State Health Director may, upon
request by a physician licensed to practice medicine in this
State, grant a medical exemption to a required immunization for a
contraindication not on the list adopted by the Commission.
(1957, c. 1357, s. 1; 1959, c. 177; 1965, c. 652; 1971, c. 191;
1979, c. 56, s. 1; 1983, c. 891, s. 2; 1987, c. 782, s. 18; 1989,
c. 122; 1999-110, s. 6.)
§130A-157. Religious exemption.
If the bona fide religious beliefs of an adult or the
parent, guardian or person in loco parentis of a child are
contrary to the immunization requirements contained in this Part,
the adult or the child shall be exempt from the requirements.
Upon submission of a written statement of the bona fide religious
beliefs and opposition to the immunization requirements, the
person may attend the college, university, school or facility
without presenting a certificate of immunization. (1957, c. 1357,
s. 1; 1959, c. 177; 1965, c. 652; 1971, c. 191; 1979, c. 56, s.
1; 1983, c. 891, s. 2; 1985, c. 692, s. 2.)
Part 3. Venereal Disease.
§§ 130A-160 to 130A-166: Repealed by
Session Laws 1991, c. 225, s. 2.
Part 4. Inflammation of Eyes of Newborn.
§§ 130A-171 to 130A-174: Repealed by Session Laws
1991, c. 225, s. 2.
Part 5. Tuberculosis.
§§ 130A-177, 130A-178: Repealed by Session Laws
1991, c. 225, s. 2.
§ 130A-179. Repealed by Session Laws 1987, c. 782,
s. 20.
§§130A-180 to 130A-183. Reserved for future codification
purposes.
PART 6. Rabies.
§130A-184. Definitions.
The following definitions shall apply throughout this Part:
(1) "Animal Control Officer" means a city or county employee
designated as dog warden, animal control officer, animal control
official or other designations that may be used whose
responsibility includes animal control.
(2) "Cat" means a domestic feline.
(3) "Certified rabies vaccinator" means a person appointed
and certified to administer rabies vaccine to animals in
accordance with this Part.
(4) "Dog" means a domestic canine.
(5) "Rabies vaccine" means an animal rabies vaccine licensed
by the United States Department of Agriculture and approved for
use in this State by the Commission.
(6) "State Public Health Veterinarian" means a person
appointed by the Secretary to direct the State public health
veterinary program.
(7) "Vaccination" means the administration of rabies vaccine
by a licensed veterinarian or by a certified rabies vaccinator.
(1935, c. 122, s. 1; 1949, c. 645, s. 1; 1953, c. 876, s. 1;
1957, c. 1357, s. 3; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-185. Vaccination of all dogs and cats.
(a) The owner of every dog and cat over four months of age
shall have the animal vaccinated against rabies. The time or
times of vaccination shall be established by the Commission.
Rabies vaccine shall be administered only by a licensed
veterinarian or by a certified rabies vaccinator.
(b) Only animal rabies vaccine licensed by the United States
Department of Agriculture and approved by the Commission shall be
used on animals in this State. (1935, c. 122, s. 1; 1941, c. 259,
s. 2; 1953, c. 876, s. 2; 1973, c. 476, s. 128; 1983, c. 891, s.
2.)
§130A-186. Appointment and certification of certified rabies
vaccinator.
In those counties where licensed veterinarians are not
available to participate in all scheduled county rabies control
clinics, the local health director shall appoint one or more
persons for the purpose of administering rabies vaccine to
animals in that county. Whether or not licensed veterinarians are
available, the local health director may appoint one or more
persons for the purpose of administering rabies vaccine to
animals in their county and these persons will make themselves
available to participate in the county rabies control program.
The State Public Health Veterinarian shall provide at least four
hours of training to those persons appointed by the local health
director to administer rabies vaccine. Upon satisfactory
completion of the training, the State Public Health Veterinarian
shall certify in writing that the appointee has demonstrated a
knowledge and procedure acceptable for the administration of
rabies vaccine to animals. A certified rabies vaccinator shall be
authorized to administer rabies vaccine to animals in the county
until the appointment by the local health director has been
terminated. (1935, c. 122, s. 3; 1941, c. 259, s. 3; 1953, c.
876, s. 3; 1957, c. 1357, s. 4; 1983, c. 891, s. 2.)
§130A-187. County rabies vaccination clinics.
The local health director shall organize or assist other
county departments to organize at least one countywide rabies
vaccination clinic per year for the purpose of vaccinating dogs
and cats. Public notice of the time and place of rabies
vaccination clinics shall be published in a newspaper having
general circulation within the area. (1983, c. 891, s. 2; 1987,
c. 219.)
§130A-188. Fee for vaccination at county rabies vaccination
clinics.
The county board of commissioners is authorized to establish
a fee to be charged at the county rabies vaccination clinics. The
fee shall include an administrative charge not to exceed four
dollars ($4.00) per vaccination, and a charge for the actual cost
of the vaccine, the vaccination certificate, and the rabies
vaccination tag. (1935, c. 122, s. 9; 1941, c. 259, s. 7; 1949,
c. 645, s. 5; 1953, c. 876, s. 5; 1959, c. 139; 1983, c. 891, s.
2.)
§ 130A-189. Rabies vaccination
certificates.
A licensed veterinarian or a certified rabies vaccinator who
administers rabies vaccine to a dog or cat shall complete a
three-copy rabies vaccination certificate. The original rabies
vaccination certificate shall be given to the owner of each dog
or cat that receives rabies vaccine. One copy of the rabies
vaccination certificate shall be retained by the licensed
veterinarian or the certified rabies vaccinator. The other copy
shall be given to the county agency responsible for animal
control, provided the information given to the county agency
shall not be used for commercial purposes. (1935, c. 122, s. 6;
1941, c. 259, s. 5; 1959, c. 352; 1983, c. 891, s. 2; 1993, c.
245.)
§ 130A-190. Rabies vaccination tags.
A licensed veterinarian or a certified rabies vaccinator who
administers rabies vaccine to a dog or cat shall issue a rabies
vaccination tag to the owner of the animal. The rabies
vaccination tag shall show the year issued, a vaccination number,
the words "North Carolina" or the initials "N.C." and the words
"rabies vaccine." Dogs and cats shall wear rabies vaccination
tags at all times. However, cats may be exempted from wearing the
tags by local ordinance. Rabies vaccination tags, links and
rivets may be obtained from the Department. The Secretary is
authorized to establish by rule a fee for the rabies tags, links
and rivets. Except as otherwise authorized in this section, the
fee shall not exceed the actual cost of the rabies tags, links
and rivets, plus transportation costs. The Secretary may increase
the fee beyond the actual cost plus transportation, by an amount
not to exceed five cents (5¢) per tag, to fund rabies education
and prevention programs. (1935, c. 122, s. 6; 1941, c. 259, s. 5;
1959, c. 352; 1983, c. 891, s. 2; 1997-69, s. 1.)
§ 130A-191. Possession and distribution of rabies
vaccine.
It shall be unlawful for persons other than licensed
veterinarians, certified rabies vaccinators and persons engaged
in the distribution of rabies vaccine to possess rabies vaccine.
Persons engaged in the distribution of vaccines may distribute,
sell and offer to sell rabies vaccine only to licensed
veterinarians and certified rabies vaccinators. (1987, c. 218.)
§130A-192. Dogs and cats not wearing required rabies
vaccination tags.
The Animal Control Officer shall canvass the county to
determine if there are any dogs or cats not wearing the required
rabies vaccination tag. If a dog or cat is found not wearing the
required tag, the Animal Control Officer shall check to see if
the owner's identification can be found on the animal. If the
animal is wearing an owner identification tag, or if the Animal
Control Officer otherwise knows who the owner is, the Animal
Control Officer shall notify the owner in writing to have the
animal vaccinated against rabies and to produce the required
rabies vaccination certificate to the Animal Control Officer
within three days of the notification. If the animal is not
wearing an owner identification tag and the Animal Control
Officer does not otherwise know who the owner is, the Animal
Control Officer may impound the animal. The duration of the
impoundment of these animals shall be established by the county
board of commissioners, but the duration shall not be less than
72 hours. During the impoundment period, the Animal Control
Officer shall make a reasonable effort to locate the owner of the
animal. If the animal is not reclaimed by its owner during the
impoundment period, the animal shall be disposed of in one of the
following manners: returned to the owner; adopted as a pet by a
new owner; sold to institutions within this State registered by
the United States Department of Agriculture pursuant to the
Federal Animal Welfare Act, as amended; or put to death by a
procedure approved by the American Veterinary Medical
Association, the Humane Society of the United States or of the
American Humane Association. The Animal Control Officer shall
maintain a record of all animals impounded under this section
which shall include the date of impoundment, the length of
impoundment, the method of disposal of the animal and the name of
the person or institution to whom any animal has been released.
(1935, c. 122, s. 8; 1983, c. 891, s. 2.)
§130A-193. Vaccination and confinement of dogs and cats
brought into this State.
(a) A dog or cat brought into this State shall immediately
be securely confined and shall be vaccinated against rabies
within one week after entry. The animal shall remain confined for
two weeks after vaccination.
(b) The provisions of subsection (a) shall not apply to:
(1) A dog or cat brought into this State for exhibition
purposes if the animal is confined and not permitted to run at
large; or
(2) A dog or cat brought into this State accompanied by a
certificate issued by a licensed veterinarian showing that the
dog or cat is apparently free from and has not been exposed to
rabies and that the dog or cat has received rabies vaccine within
the past year. (1935, c. 122, s. 11; 1983, c. 891, s. 2.)
§130A-194. Quarantine of districts infected with rabies.
An area may be declared under quarantine against rabies by
the local health director when the disease exists to the extent
that the lives of persons are endangered. When quarantine is
declared, each dog and cat in the area shall be confined on the
premises of the owner or in a veterinary hospital. However, dogs
or cats on a leash or under the control and in the sight of a
responsible adult may be permitted to leave the premises of the
owner or the veterinary hospital. (1935, c. 122, s. 12; 1941, c.
259, s. 9; 1949, c. 645, s. 3; 1953, c. 876, s. 8; 1957, c. 1357,
s. 8; 1983, c. 891, s. 2.)
§130A-195. Destroying stray dogs and cats in quarantine
districts.
When quarantine has been declared and dogs and cats continue
to run uncontrolled in the area, any peace officer or Animal
Control Officer shall have the right, after reasonable effort has
been made to apprehend the animals, to destroy the uncontrolled
dogs and cats and properly dispose of their bodies. (1935, c.
122, s. 13; 1953, c. 876, s. 9; 1983, c. 891, s. 2.)
§ 130A-196. Confinement of all biting dogs and cats;
notice to local health director; reports by physicians; certain
dogs exempt.
When a person has been bitten by a dog or cat, the person or
parent, guardian or person standing in loco
parentis of the person, and the person owning the animal or
in control or possession of the animal shall notify the local
health director immediately and give the name and address of the
person bitten and the owner of the animal. All dogs and cats
that bite a person shall be immediately confined for 10 days in a
place designated by the local health director. However, the
local health director may authorize a dog trained and used by a
law enforcement agency to be released from confinement to perform
official duties upon submission of proof that the dog has been
vaccinated for rabies in compliance with this Part. After
reviewing the circumstances of the particular case, the local
health director may allow the owner to confine the animal on the
owner's property. An owner who fails to confine his animal in
accordance with the instructions of the local health director
shall be guilty of a Class 2 misdemeanor. If the owner or the
person who controls or possesses a dog or cat that has bitten a
person refuses to confine the animal as required by this section,
the local health director may order seizure of the animal and its
confinement for 10 days at the expense of the owner. A physician
who attends a person bitten by an animal known to be a potential
carrier of rabies shall report within 24 hours to the local
health director the name, age and sex of that person. (1935, c.
122, s. 17; 1941, c. 259, s. 11; 1953, c. 876, s. 13; 1957, c.
1357, s. 9; 1977, c. 628; 1983, c. 891, s. 2; 1985, c. 674; 1989,
c. 298; 1993, c. 539, s. 950; 1994, Ex. Sess., c. 24, s. 14(c).)
§130A-197. Infected dogs and cats to be destroyed; protection
of vaccinated dogs and cats.
A dog or cat bitten by a proven rabid animal or animal
suspected of having rabies that is not available for laboratory
diagnosis shall be destroyed immediately by its owner, the county
Animal Control Officer or a peace officer unless the dog or cat
has been vaccinated against rabies in accordance with this Part
and the rules of the Commission more than three weeks prior to
being bitten, and is given a booster dose of rabies vaccine
within three days of the bite. (1935, c. 122, s. 14; 1953, c.
876, s. 10; 1983, c. 891, s. 2.)
§130A-198. Confinement.
A person who owns or has possession of an animal which is
suspected of having rabies shall immediately notify the local
health director or county Animal Control Officer and shall
securely confine the animal in a place designated by the local
health director. Dogs and cats shall be confined for a period of
10 days. Other animals may be destroyed at the discretion of the
State Public Health Veterinarian. (1935, c. 122, s. 15; c. 344;
1941, c. 259, s. 10; 1953, c. 876, s. 11; 1983, c. 891, s. 2.)
§130A-199. Rabid animals to be destroyed; heads to be sent to
State Laboratory of Public Health.
An animal diagnosed as having rabies by a licensed
veterinarian shall be destroyed and its head sent to the State
Laboratory of Public Health. The heads of all dogs and cats that
die during the 10-day confinement period required by G.S.
130A-196, shall be immediately sent to the State Laboratory of
Public Health for rabies diagnosis. (1935, c. 122, s. 16; 1953,
c. 876, s. 12; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-200. Confinement or leashing of vicious animals.
A local health director may declare an animal to be vicious
and a menace to the public health when the animal has attacked a
person causing bodily harm without being teased, molested,
provoked, beaten, tortured or otherwise harmed. When an animal
has been declared to be vicious and a menace to the public
health, the local health director shall order the animal to be
confined to its owner's property. However, the animal may be
permitted to leave its owner's property when accompanied by a
responsible adult and restrained on a leash. (1935, c. 122, s.
18; 1953, c. 876, s. 14; 1983, c. 891, s. 2.)
§ 130A-201. Rabies emergency.
A local health director in whose county or district rabies
is found in the wild animal population as evidenced by a positive
diagnosis of rabies in the past year in any wild animal, except a
bat, may petition the State Health Director to declare a rabies
emergency in the county or district. In determining whether a
rabies emergency exists, the State Health Director shall consult
with the Public Health Veterinarian and the State Agriculture
Veterinarian and may consult with any other source of veterinary
expertise the State Health Director deems advisable. Upon finding
that a rabies emergency exists in a county or district, the State
Health Director shall petition the Executive Director of the
Wildlife Resources Commission to develop a plan pursuant to G.S.
113-291.2(a1) to reduce the threat of rabies exposure to humans
and domestic animals by foxes, raccoons, skunks, or bobcats in
the county or district. Upon determination by the State Health
Director that the rabies emergency no longer exists for a county
or district, the State Health Director shall immediately notify
the Executive Director of the Wildlife Resources Commission.
(1997-402, s. 1.)
ARTICLE 7.
Chronic Disease.
Part 1. Cancer.
§ 130A-205. Administration of program;
rules.
(a) The Department shall establish and administer a program
for the prevention and detection of cancer and the care and
treatment of persons with cancer.
(b) The Commission shall adopt rules necessary to implement
the program. (1945, c. 1050, s. 1; 1957, c. 1357, s. 1; 1973, c.
476, s. 128; 1981, c. 345, s. 2; 1983, c. 891, s. 2.)
§130A-206. Financial aid for diagnosis and treatment.
The Department shall provide financial aid for diagnosis and
treatment of cancer to indigent citizens of this State having or
suspected of having cancer. The Department may make facilities
for diagnosis and treatment of cancer available to all citizens.
Reimbursement shall only be provided for diagnosis and treatment
performed in a medical facility which meets the minimum
requirements for cancer control established by the Commission.
The Commission shall adopt rules specifying the terms and
conditions by which the patients may receive financial aid.
(1945, c. 1050, s. 2; 1957, c. 1357, s. 1; 1973, c. 476, s. 128;
1981, c. 345, s. 2; 1983, c. 891, s. 2.)
§130A-207. Cancer clinics.
The Department is authorized to provide financial aid to
sponsored cancer clinics in medical facilities and local health
departments. The Commission shall adopt rules to establish
minimum standards for the staffing, equipment and operation of
the clinics sponsored by the Department. (1945, c. 1050, s. 3;
1949, c. 1071; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1981,
c. 345, s. 2; 1983, c. 891, s. 2.)
§130A-208. Central cancer registry.
A central cancer registry is established within the
Department. The central cancer registry shall compile, tabulate
and preserve statistical, clinical and other reports and records
relating to the incidence, treatment and cure of cancer received
pursuant to this Part. The central cancer registry shall provide
assistance and consultation for public health work. (1945, c.
1050, s. 7; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1981, c.
345, s. 2; 1983, c. 891, s. 2.)
§ 130A-209. Incidence reporting of cancer; charge for
collection if failure to report.
(a) All health care facilities and health care providers
that detect, diagnose, or treat cancer shall report to the
central cancer registry each diagnosis of cancer in any person
who is screened, diagnosed, or treated by the facility or
provider. The reports shall be made within six months of
diagnosis. Diagnostic, demographic and other information as
prescribed by the rules of the Commission shall be included in
the report.
(b) If a health care facility or health care provider fails
to report as required under this section, then the central cancer
registry may conduct a site visit to the facility or provider or
be provided access to the information from the facility or
provider and report it in the appropriate format. The Commission
may adopt rules requiring that the facility or provider reimburse
the registry for its cost to access and report the information in
an amount not to exceed one hundred dollars ($100.00) per case.
Thirty days after the expiration of the six-month period for
reporting under subsection (a) of this section, the registry
shall send notice to each facility and provider that has not
submitted a report as of that date that failure to file a report
within 30 days shall result in collection of the data by the
registry and liability for reimbursement imposed under this
section. Failure to receive or send the notice required under
this section shall not be construed as a waiver of the reporting
requirement. For good cause, the central cancer registry may
grant an additional 30 days for reporting.
(c) As used in this section, the term:
(1) "Health care facility" or "facility" means any
hospital, clinic, or other facility that is licensed to
administer medical treatment or the primary function of which is
to provide medical treatment in this State. The term includes
health care facility laboratories and independent pathology
laboratories;
(2) "Health care provider" or "provider" means any
person who is licensed or certified to practice a health
profession or occupation under Chapter 90 of the General Statutes
and who diagnoses or treats cancer. (1949, c. 499; 1957, c. 1357,
s. 1; 1973, c. 476, s. 128; 1981, c. 345, s. 2; 1983, c. 891, s.
2; 1999-33, s. 1.)
§130A-211. Immunity of persons who report cancer.
A person who makes a report pursuant to G.S. 130A-209 or
130A-210 to the central cancer registry shall be immune from any
civil or criminal liability that might otherwise be incurred or
imposed. (1967, c. 859; 1969, c. 5; 1973, c. 476, s. 128; 1981,
c. 345, s. 2; 1983, c. 891, s. 2.)
§130A-212. Confidentiality of records.
The clinical records or reports of individual patients shall
be confidential and shall not be public records open to
inspection. The Commission shall provide by rule for the use of
the records and reports for medical research. (1981, c. 345, s.
2; 1983, c. 891, s. 2.)
§130A-213. Cancer Committee of the North Carolina Medical
Society.
In implementing this Part, the Department shall consult with
the Cancer Committee of the North Carolina Medical Society. The
Committee shall consist of at least one physician from each
congressional district. Any proposed rules or reports affecting
the operation of the cancer control program shall be reviewed by
the Committee for comment prior to adoption. (1945, c. 1050, s.
9; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1981, c. 345, s. 2;
1983, c. 891, s. 2.)
§130A-214. Duties of Department.
The Department shall study the entire problem of cancer
including its causes, including environmental factors;
prevention; detection; diagnosis and treatment. The Department
shall provide or assure the availability of cancer educational
resources to health professionals, interested private or public
organizations and the public. (1967, c. 186, s. 2; 1973, c. 476,
s. 128; 1981, c. 345, s. 2; 1983, c. 891, s. 2.)
§130A-215. Reports.
The Secretary shall make a report to the Governor and the
General Assembly specifying the activities of the cancer control
program and its budget. The report shall be made to the Governor
annually and to the General Assembly biennially. (1981, c. 345,
s. 2; 1983, c. 891, s. 2.)
Part 2. Chronic Renal Disease.
§ 130A-220. Department to establish
program.
(a) The Department shall establish and administer a program
for the detection and prevention of chronic renal disease and the
care and treatment of persons with chronic renal disease. The
program may include:
(1) Development of services for the prevention of
chronic renal disease;
(2) Development and expansion of services for the
care and treatment of persons with chronic renal disease,
including techniques which will have a lifesaving effect in the
care and treatment of those persons;
(3) Provision of financial assistance on the basis
of need for diagnosis and treatment of persons with chronic renal
disease;
(4) Equipping dialysis and transplantation centers;
and
(5) Development of an education program for
physicians, hospitals, local health departments and the public
concerning chronic renal disease.
(b) The Commission is authorized to adopt rules necessary to
implement the program. (1971, c. 1027, s. 1; 1973, c. 476, s.
128; 1983, c. 891, s. 2.)
Part 3. Glaucoma and Diabetes.
§ 130A-221. Department authorized to establish
program.
(a) The Department may establish and administer a program
for the detection and prevention of glaucoma and diabetes and the
care and treatment of persons with glaucoma and diabetes. The
program may include:
(1) Education of patients, health care personnel
and the public;
(2) Development and expansion of services to
persons with glaucoma and diabetes; and
(3) Provision of supplies, equipment and medication
for detection and control of glaucoma and diabetes.
(b) The Commission is authorized to adopt rules necessary to
implement the program. (1977, 2nd Sess., c. 1257, s. 1; 1983, c.
891, s. 2; 1997-137, s. 2.)
§130A-222. Department to establish program.
(a) The Department shall establish and administer a program
for the detection and prevention of arthritis and the care and
treatment of persons with arthritis. The purpose of the program
shall be:
(1) To improve professional education for physicians and
allied health professionals including nurses, physical and
occupational therapists and social workers;
(2) To conduct programs of public education and information;
(3) To provide detection and treatment programs and services
for the at-risk population of this State;
(4) To utilize the services available at the State medical
schools, existing arthritis rehabilitation centers and existing
local arthritis clinics and agencies;
(5) To develop an arthritis outreach clinical system;
(6) To develop and train personnel at clinical facilities
for diagnostic work-up, laboratory analysis and consultations
with primary physicians regarding patient management; and
(7) To develop the epidemiologic studies to determine
frequency and distribution of the disease.
(b) The Commission is authorized to adopt rules necessary to
implement the program. (1979, c. 996, s. 2; 1983, c. 891, s. 2.)
PART 5. Adult Health.
§130A-223. Department to establish program.
(a) The Department shall establish and administer a program
for the prevention of diseases, disabilities and accidents that
contribute significantly to mortality and morbidity among adults.
The program may also provide for the care and treatment of
persons with these diseases or disabilities.
(b) The Commission is authorized to adopt rules necessary to
implement the program. (1983, c. 891, s. 2.)
ARTICLE 8.
Sanitation.
Part 1. General.
§ 130A-227. Department to establish program;
definitions.
(a) For the purpose of promoting a safe and healthful
environment and developing corrective measures required to
minimize environmental health hazards, the Department shall
establish a sanitation program. The Department shall employ
environmental engineers, sanitarians, soil scientists and other
scientific personnel necessary to carry out the sanitation
provisions of this Chapter and the rules of the Commission.
(b) The following definitions shall apply throughout this
Article:
(1) "Department" means the Department of
Environment and Natural Resources.
(2) "Secretary" means the Secretary of Environment
and Natural Resources. (1983, c. 891, s. 2; 1997-443, s.
11A.77A.)
Part 2. Meat Markets.
§§ 130A-228, 130A-229: Repealed by Session Laws
1995, c. 123, s. 11.
Part 3. Sanitation of Scallops, Shellfish and Crustacea.
§ 130A-230. Commission to adopt rules;
enforcement of rules.
For the protection of the public health, the Commission
shall adopt rules establishing sanitation requirements for the
harvesting, processing and handling of scallops, shellfish and
crustacea of in-State origin. The rules of the Commission may
also regulate scallops, shellfish and crustacea shipped into
North Carolina. The Department is authorized to enforce the rules
and may issue and revoke permits according to the rules. (1965,
c. 783, s. 1; 1967, c. 1005, s. 1; 1973, c. 476, s. 128; 1983, c.
891, s. 2.)
§ 130A-231. Agreements between the Division of
Environmental Health and the Division of Marine Fisheries.
Nothing in this Part is intended to limit the authority of
the Division of Marine Fisheries of the Department of Environment
and Natural Resources to regulate aspects of the harvesting,
processing and handling of scallops, shellfish and crustacea
relating to conservation of the fisheries resources of the State.
The Division of Environmental Health and the Division of Marine
Fisheries are authorized to enter into agreements respecting the
duties and responsibilities of each agency as to the harvesting,
processing and handling of scallops, shellfish and crustacea.
(1965, c. 783, s. 1; 1967, c. 1005, s. 1; 1973, c. 476, s. 128;
c. 1262, s. 86; 1977, c. 771, s. 4; 1983, c. 891, s. 2; 1989, c.
727, s. 142; 1997-443, s. 11A.78.)
Part 3A. Monitor Water Quality of Coastal Fishing Waters.
§ 130A-232: Reserved for future codification purposes.
§ 130A-233. Definitions.
The following definitions apply to this Part:
(1) Coastal fishing waters. -- Defined in G.S. 113-
129(4).
(2) Inland fishing waters. -- Defined in G.S. 113-
129(9). (1997-443, s. 15.17(a); 1998-217, s. 13.)
§ 130A-233.1. Monitoring program for State
coastal fishing waters; development and implementation of
program.
For the protection of the public health of swimmers and
others who use the State's coastal fishing waters for
recreational activities, the Department shall develop and
implement a program to monitor the State's coastal fishing waters
for contaminants. The monitoring program shall cover all coastal
fishing waters up to the point where those waters are classified
as inland fishing waters. (1997-443, s. 15.17(a).)
Part 4. Institutions and Schools.
§ 130A-235. Regulation of sanitation in institutions;
setback requirements applicable to certain water supply
wells.
(a) For protection of the public health, the Commission
shall adopt rules to establish sanitation requirements for all
institutions and facilities at which individuals are provided
room or board and for which a license to operate is required to
be obtained or a certificate for payment is obtained from the
Department. The rules shall also apply to facilities that provide
room and board to individuals but are exempt from licensure under
G.S. 131D-10.4(1). No other State agency may adopt rules to
establish sanitation requirements for these institutions and
facilities. The Department shall issue a license to operate or a
certificate for payment to such an institution or facility only
upon compliance with all applicable sanitation rules of the
Commission, and the Department may suspend or revoke a license or
a certificate for payment for violation of these rules. In
adopting rules pursuant to this section, the Commission shall
define categories of standards to which such institutions and
facilities shall be subject and shall establish criteria for the
placement of any such institution or facility into one of the
categories. This section shall not apply to State institutions
and facilities subject to inspection under G.S. 130A-5(10).
(b) Rules that establish a minimum distance from a building
foundation for a water supply well shall provide that an
institution or facility located in a single-family dwelling
served by a water supply well that is located closer to a
building foundation than the minimum distance specified in the
rules may be licensed or approved if the results of water testing
meet or exceed standards established by the Commission and there
are no other potential health hazards associated with the well.
At the time of application for licensure or approval, water shall
be sampled and tested for pesticides, nitrates, and bacteria.
Thereafter, water shall be sampled and tested at intervals
determined by the Commission but not less than annually. A
registered sanitarian or other health official who is qualified
by training and experience shall collect the water samples as
required by this subsection and may examine the well location to
determine if there are other potential health hazards associated
with the well. A well shall comply with all other applicable
sanitation requirements established by the Commission.
(c) The Department may suspend or revoke a license or
approval for a violation of this section or rules adopted by the
Commission. (1945, c. 829, s. 1; 1957, c. 1357, s. 1; 1973, c.
476, s. 128; 1983, c. 891, s. 2; 1987, c. 543, s. 1; 1989, c.
727, s. 143; 1997-443, s. 11A.79; 1998-136, s. 1.)
§ 130A-236. Regulation of sanitation in
schools.
For the protection of the public health, the Commission
shall adopt rules to establish sanitation requirements for
public, private and religious schools. The rules shall address,
but not be limited to, the cleanliness of floors, walls,
ceilings, storage spaces and other areas; adequacy of lighting,
ventilation, water supply, toilet and lavatory facilities; sewage
collection, treatment and disposal facilities; and solid waste
disposal. The Department shall inspect schools at least
annually. The Department shall submit written inspection reports
of public schools to the State Board of Education and written
inspection reports of private and religious schools to the
Department of Administration. (1973, c. 1239, s. 1; 1983, c. 891,
s. 2; 1993, c. 522, s. 11.)
§ 130A-237. Corrective action.
A principal or administrative head of a public, private, or
religious school shall immediately take action to correct
conditions that do not satisfy the sanitation rules. (1973, c.
1239, s. 2; 1983, c. 891, s. 2; 1993, c. 262, s. 6.)
Part 5. Migrant Housing.
§§ 130A-238 through 130A-246: Repealed by Session
Laws 1989, c. 91, s. 1.
Part. 6. Regulation of Food and Lodging Facilites.
§ 130A-247. Definitions.
The following definitions shall apply throughout this Part:
(1) "Establishment" means (i) an establishment that
prepares or serves drink, (ii) an establishment that prepares or
serves food, (iii) an establishment that provides lodging, (iv) a
bed and breakfast inn, or (v) an establishment that prepares and
sells meat food products as defined in G.S. 106-549.15(14) or
poultry products as defined in G.S. 106-549.51(26).
(1a) "Permanent house guest" means a person who
receives room or board for periods of a week or longer. The term
includes visitors of the permanent house guest.
(2) "Private club" means an organization that
maintains selective members, is operated by the membership, does
not provide food or lodging for pay to anyone who is not a member
or a member's guest, and is either incorporated as a nonprofit
corporation in accordance with Chapter 55A of the General
Statutes or is exempt from federal income tax under the Internal
Revenue Code as defined in G.S. 105-130.2(1).
(3) "Regular boarder" means a person who receives
food for periods of a week or longer.
(4) "Establishment that prepares or serves drink"
means a business or other entity that prepares or serves
beverages made from raw apples or potentially hazardous beverages
made from other raw fruits or vegetables or that otherwise puts
together, portions, sets out, or hands out drinks for human
consumption.
(5) "Establishment that prepares or serves food"
means a business or other entity that cooks, puts together,
portions, sets out, or hands out food for human consumption.
(6) "Bed and breakfast inn" means a business of not
more than 12 guest rooms that offers bed and breakfast
accommodations to at least nine but not more than 23 persons per
night for a period of less than one week, and that:
a. Does not serve food or drink to the general
public for pay;
b. Serves only the breakfast meal, and that
meal is served only to overnight guests of the business;
c. Includes the price of breakfast in the room
rate; and
d. Is the permanent residence of the owner or
the manager of the business.
(7) "Limited food services establishment" means an
establishment as described in G.S. 130A-248(a4), with food
handling operations that are restricted by rules adopted by the
Commission pursuant to G.S. 130A-248(a4) and that prepares or
serves food only in conjunction with amateur athletic events.
(1983, c. 891, s. 2; 1987, c. 367; 1991, c. 733, s. 1; 1993, c.
262, s. 1; c. 513, s. 12; 1995, c. 123, s. 12; c. 507, s.
26.8(f); 1999-247, ss. 3, 4.)
§ 130A-248. Regulation of food and lodging
establishments.
(a) For the protection of the public health, the Commission
shall adopt rules governing the sanitation of establishments that
prepare or serve drink or food for pay and establishments that
prepare and sell meat food products or poultry products. However,
any establishment that prepares or serves food or drink to the
public, regardless of pay, shall be subject to the provisions of
this Article if the establishment that prepares or serves food or
drink holds an ABC permit, as defined in G.S. 18B-101, meets any
of the definitions in G.S. 18B-1000, and does not meet the
definition of a private club as provided in G.S. 130A-247(2).
(a1) For the protection of the public health, the
Commission shall adopt rules governing the sanitation of hotels,
motels, tourist homes, and other establishments that provide
lodging for pay.
(a2) For the protection of the public health, the
Commission shall adopt rules governing the sanitation of private
homes offering bed and breakfast accommodations to eight or fewer
persons per night, and rules governing the sanitation of bed and
breakfast inns as defined in G.S. 130A-247. In carrying out this
function, the Commission shall adopt requirements that are the
least restrictive so as to protect the public health and not
unreasonably interfere with the operation of bed and breakfast
inns.
(a3) The rules adopted by the Commission pursuant to
subsections (a), (a1), and (a2) of this section shall address,
but not be limited to, the following:
(1) Sanitation requirements for cleanliness of
floors, walls, ceilings, storage spaces, utensils, ventilation
equipment, and other areas and items;
(2) Requirements for:
a. Lighting and water supply;
b. Wastewater collection, treatment, and
disposal facilities; and
c. Lavatory and toilet facilities, food
protection, and waste disposal;
(3) The cleaning and bactericidal treatment of
eating and drinking utensils and other food-contact surfaces. A
requirement imposed under this subdivision to sanitize multiuse
eating and drinking utensils and other food-contact surfaces does
not apply to utensils and surfaces provided in the guest room of
the lodging unit for guests to prepare food while staying in the
guest room.
(3a) The appropriate and reasonable use of gloves
or utensils by employees who handle unwrapped food;
(4) The methods of food preparation,
transportation, catering, storage, and serving;
(5) The health of employees;
(6) Animal and vermin control; and
(7) The prohibition against the offering of
unwrapped food samples to the general public unless the offering
and acceptance of the samples are continuously supervised by an
agent of the entity preparing or offering the samples or by an
agent of the entity on whose premises the samples are made
available. As used in this subdivision, "food samples" means
unwrapped food prepared and made available for sampling by and
without charge to the general public for the purpose of promoting
the food made available for sampling. This subdivision does not
apply to unwrapped food prepared and offered in buffet,
cafeteria, or other style in exchange for payment by the general
public or by the person or entity arranging for the preparation
and offering of such unwrapped food. This subdivision shall not
apply to open air produce markets nor to farmer market facilities
operated on land owned or leased by the State of North Carolina
or any local government.
The rules shall contain a system for grading establishments, such
as Grade A, Grade B, and Grade C. The rules shall be written in a
manner that promotes consistency in both the interpretation and
application of the grading system.
(a4) For the protection of the public health, the
Commission shall adopt rules governing the sanitation of limited
food service establishments. In adopting the rules, the
Commission shall not limit the number of days that limited food
service establishments may operate. Limited food service
establishment permits shall be issued only to political
subdivisions of the State, establishments operated by volunteers
that prepare or serve food in conjunction with amateur athletic
events, or for establishments operated by other charitable
organizations. On and after January 1, 1996, limited food service
establishment permits shall be issued only to political
subdivisions of the State, establishments operated by volunteers
that prepare or serve food in conjunction with amateur athletic
events, or for establishments operated by organizations that have
applied for exemption or are exempt from federal income tax under
section 501(c)(3) or section 501(c)(4) of the Internal Revenue
Code. On and after January 1, 1997, limited food service
establishment permits shall be issued only to political
subdivisions of the State, establishments operated by volunteers
that prepare or serve food in conjunction with amateur athletic
events, or for establishments operated by organizations that are
exempt from federal income tax under section 501(c)(3) or section
501(c)(4) of the Internal Revenue Code.
(b) No establishment shall commence or continue operation
without a permit or transitional permit issued by the Department.
The permit or transitional permit shall be issued to the owner or
operator of the establishment and shall not be transferable. If
the establishment is leased, the permit or transitional permit
shall be issued to the lessee and shall not be transferable. If
the location of an establishment changes, a new permit shall be
obtained for the establishment. A permit shall be issued only
when the establishment satisfies all of the requirements of the
rules. The Commission shall adopt rules establishing the
requirements that must be met before a transitional permit may be
issued, and the period for which a transitional permit may be
issued. The Department may also impose conditions on the issuance
of a permit or transitional permit in accordance with rules
adopted by the Commission. A permit or transitional permit shall
be immediately revoked in accordance with G.S. 130A-23(d) for
failure of the establishment to maintain a minimum grade of C. A
permit or transitional permit may otherwise be suspended or
revoked in accordance with G.S. 130A-23.
(b1) A permit shall expire one year after an establishment
closes unless the permit is the subject of a contested case
pursuant to Article 3 of Chapter 150B of the General Statutes.
(c) If ownership of an establishment is transferred or the
establishment is leased, the new owner or lessee shall apply for
a new permit. The new owner or lessee may also apply for a
transitional permit. A transitional permit may be issued upon the
transfer of ownership or lease of an establishment to allow the
correction of construction and equipment problems that do not
represent an immediate threat to the public health. Upon issuance
of a new permit or a transitional permit for an establishment,
any previously issued permit for an establishment in that
location becomes void.
(c1) The Commission shall adopt rules governing the
sanitation of pushcarts and mobile food units. A pushcart or
mobile food unit shall be operated in conjunction with a
permitted restaurant.
(d) The Department shall charge each establishment subject
to this section, except nutrition programs for the elderly
administered by the Division of Aging of the Department of Health
and Human Services, establishments that prepare and sell meat
food products or poultry products, and public school cafeterias,
an annual fee of twenty-five dollars ($25.00). The Department
shall charge an additional twenty-five dollar ($25.00) late
payment fee to any establishment that fails to pay the required
fee within 45 days after billing by the Department. The
Department may, in accordance with G.S. 130A-23, suspend the
permit of an establishment that fails to pay the required fee
within 60 days after billing by the Department. The Department
shall charge a reinstatement fee of one hundred fifty dollars
($150.00) to any establishment that requests reinstatement of its
permit after the permit has been suspended. The Commission shall
adopt rules to implement this subsection. Fees collected under
this subsection shall be used for State and local food, lodging,
and institution sanitation programs and activities. No more than
thirty-three and one-third percent (33-1/3%) of the fees
collected may be used to support State health programs and
activities. (1941, c. 309, s. 1; 1955, c. 1030, s. 1; 1957, c.
1214, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c.
438, s. 2; 1989, c. 551, ss. 1, 4; 1989 (Reg. Sess., 1990), c.
1064, s. 1; 1991, c. 226, s. 1; c. 656, ss. 1, 2; c. 733, s. 2;
1991 (Reg. Sess., 1992), c. 1039, s. 7; 1993, c. 262, s. 2; c.
346, s. 1; c. 513, s. 13; 1995, c. 123, s. 13(a)-(d); c. 507, s.
26.8(b), (g); 1997-367, s. 1; 1997-443, s. 11A.118(a); 1997-479,
s. 1.)
§ 130A-249. Inspections; report and grade card.
The Secretary may enter any establishment that is subject to
the provisions of G.S. 130A-248 for the purpose of making
inspections. The Secretary shall inspect each restaurant at
least quarterly, except that the quarterly inspection requirement
shall not apply to temporary food establishments. The person
responsible for the management or control of an establishment
shall permit the Secretary to inspect every part of the
establishment and shall render all aid and assistance necessary
for the inspection. The Secretary shall leave a copy of the
inspection form and a card or cards showing the grade of the
establishment with the responsible person. The Secretary shall
post the grade card in a conspicuous place as determined by the
Secretary where it may be readily observed by the public upon
entering the establishment or upon picking up food prepared
inside but received and paid for outside the establishment
through delivery windows or other delivery devices. If a single
establishment has one or more outside delivery service stations
and an internal delivery system, that establishment shall have a
grade card posted where it may be readily visible upon entering
the establishment and one posted where it may be readily visible
in each delivery window or delivery device upon picking up the
food outside the establishment. The grade card or cards shall
not be removed by anyone, except by or upon the instruction of
the Secretary. (1941, c. 309, s. 2; 1955, c. 1030, s. 2; 1973, c.
476, s. 128; 1983, c. 891, s. 2; 1987, c. 145, c. 189; 1989, c.
551, s. 2; 1993, c. 262, s. 3.)
§ 130A-250. Exemptions.
The following shall be exempt from this Part:
(1) Establishments that provide lodging described
in G.S. 130A-248(a1) with four or fewer lodging units.
(2) Condominiums.
(3) Establishments that prepare or serve food or
provide lodging to regular boarders or permanent house guests
only.
(4) Private homes that occasionally offer lodging
accommodations, which may include the providing of food, for two
weeks or less to persons attending special events, provided these
homes are not bed and breakfast homes or bed and breakfast inns.
(5) Private clubs.
(6) Curb markets operated by the State Agricultural
Extension Service.
(7) Establishments that prepare or serve food or
drink for pay no more frequently than once a month for a period
not to exceed two consecutive days, including establishments
permitted pursuant to this Part when preparing or serving food or
drink at a location other than the permitted locations.
(8) Establishments that put together, portion, set
out, or hand out only beverages that do not include those made
from raw apples or potentially hazardous beverages made from raw
fruits or vegetables, using single service containers that are
not reused on the premises.
(9) Establishments where meat food products or
poultry products are prepared and sold and which are under
inspection by the North Carolina Department of Agriculture and
Consumer Services or the United States Department of Agriculture.
(10) Markets that sell uncooked cured country ham
or uncooked cured salted pork and that engage in minimal
preparation such as slicing, weighing, or wrapping the ham or
pork, when this minimal preparation is the only activity that
would otherwise subject these markets to regulation under this
Part.
(11) Establishments that only set out or hand out
beverages that are regulated by the North Carolina Department of
Agriculture and Consumer Services in accordance with Article 12
of Chapter 106 of the General Statutes.
(12) Establishments that only set out or hand out
food that is regulated by the North Carolina Department of
Agriculture and Consumer Services in accordance with Article 12
of Chapter 106 of the General Statutes. (1955, c. 1030, s. 4;
1957, c. 1214, s. 3; 1983, c. 884, ss. 1, 2; c. 891, s. 2; 1985
(Reg. Sess., 1986), c. 926; 1989, c. 551, s. 3; 1991, c. 733, s.
3; 1993, c. 262, s. 4; c. 513, s. 14; 1995, c. 123, s. 14; 1997-
261, s. 86; 1999-13, s. 1; 1999-247, s. 5.)
Part 7. Mass Gatherings.
§ 130A-251. Legislative intent and purpose.
The intent and purpose of this Part is to provide for the
protection of the public health, safety and welfare of those
persons in attendance at mass gatherings and of those persons who
reside near or are located in proximity to the sites of mass
gatherings or are directly affected by them. (1971, c. 712, s. 1;
1983, c. 891, s. 2.)
§ 130A-252. Definition of mass gathering; applicability
of Part.
(a) For the purposes of this Part, "mass gathering" means a
congregation or assembly of more than 5,000 people in an open
space or open air for a period of more than 24 hours. A mass
gathering shall include all congregations and assemblies
organized or held for any purpose, but shall not include
assemblies in permanent buildings or permanent structures
designed or intended for use by a large number of people. To
determine whether a congregation or assembly extends for more
than 24 hours, the period shall begin when the people expected to
attend are first permitted on the land where the congregation or
assembly will be held and shall end when the people in attendance
are expected to depart. To determine whether a congregation or
assembly shall consist of more than 5,000 people, the number
reasonably expected to attend, as determined from the promotion,
advertisement and preparation for the congregation or assembly
and from the attendance at prior congregations or assemblies of
the same type, shall be considered.
(b) The provisions of this Part do not apply to a permanent
stadium with an adjacent campground that hosts an annual event
that has, within the previous five years, attracted crowds in
excess of 70,000 people. The term "stadium" includes speedways
and dragways. (1971, c. 712, s. 1; 1973, c. 476, s. 128; 1983, c.
891, s. 2; 1999-3, s. 1; 1999-171, s. 1.)
§130A-253. Permit required; information report; revocation of
permit.
(a) No person shall organize, sponsor or hold any mass
gathering unless a permit has been issued to the person by the
Secretary under the provisions of this Part. A permit shall be
required for each mass gathering and is not transferable.
(b) A permit may be revoked by the Secretary at any time if
the Secretary finds that the mass gathering is being or has been
maintained or operated in violation of this Part. A permit may be
revoked upon the request of the permittee or upon abandonment of
the operation. A permit will otherwise expire upon satisfactory
completion of the post-gathering cleanup following the close of
the mass gathering.
(c) The Secretary, upon information that a congregation or
assembly of people which may constitute a mass gathering is being
organized or promoted, may direct the organizer or promoter to
submit within five calendar days an information report to the
Department. The report shall contain the information required for
an application for permit under G.S. 130A-254(b) and other
information concerning the promotion, advertisement and
preparation for the congregation or assembly and prior
congregations or assemblies, as the Secretary deems necessary.
The Secretary shall consider all available information including
any report received and shall determine if the proposed
congregation or assembly is a mass gathering. If the Secretary
determines that a proposed congregation or assembly is a mass
gathering, the Secretary shall notify the organizer or promoter
to submit an application for permit at least 30 days prior to the
commencement of the mass gathering. (1971, c. 712, s. 1; 1973, c.
476, s. 128; 1983, c. 891, s. 2.)
§130A-254. Application for permit.
(a) Application for a permit for a mass gathering shall be
made to the Secretary on a form and in a manner prescribed by the
Secretary. The application shall be filed with the Secretary at
least 30 days prior to the commencement of the mass gathering. A
fee as prescribed by the Secretary, not to exceed one hundred
dollars ($100.00), shall accompany the application.
(b) The application shall contain the following information:
identification of the applicant; identification of any other
person or persons responsible for organizing, sponsoring or
holding the mass gathering; the location of the proposed mass
gathering; the estimated maximum number of persons reasonably
expected to be in attendance at any time; the date or dates and
the hours during which the mass gathering is to be conducted; and
a statement as to the total time period involved.
(c) The application shall be accompanied by an outline map
of the area to be used, to approximate scale, showing the
location of all proposed and existing privies or toilets;
lavatory and bathing facilities; all water supply sources
including lakes, ponds, streams, wells and storage tanks; all
areas of assemblage; all camping areas; all food service areas;
all garbage and refuse storage and disposal areas; all entrances
and exits to public highways; and emergency ingress and egress
roads.
(d) The application shall be accompanied by additional
plans, reports and information required by the Secretary as
necessary to carry out the provisions of this Part.
(e) A charge shall be levied by the Secretary to cover the
cost of additional services, including police, fire and medical
services, provided by the State or units of local government on
account of the mass gathering. The Secretary shall reimburse the
State or the units of local government for the additional
services upon receipt of payment. (1971, c. 712, s. 1; 1973, c.
476, s. 128; 1983, c. 891, s. 2.)
§130A-255. Provisional permit; performance bond; liability
insurance.
(a) Within 15 days after the receipt of the application, the
Secretary shall review the application and inspect the proposed
site for the mass gathering. If it is likely that the
requirements of this Part and the rules of the Commission can be
met by the applicant, a provisional permit shall be issued.
(b) The Secretary shall require the permittee within five
days after issuance of the provisional permit to file with the
Secretary a performance bond or other surety to be executed to
the State in the amount of five thousand dollars ($5,000) for up
to 10,000 persons and an additional one thousand dollars ($1,000)
for each additional 5,000 persons or fraction reasonably
estimated to attend the mass gathering. The bond shall be
conditioned on full compliance with this Part and the rules of
the Commission and shall be forfeitable upon noncompliance and a
showing by the Secretary of injury, damage or other loss to the
State or local governmental agencies caused by the noncompliance.
(c) The permittee shall in addition file satisfactory
evidence of public liability and property damage insurance in an
amount determined by the Secretary to be reasonable, not to
exceed one million dollars ($1,000,000) in amount, in relation to
the risks and hazards involved in the proposed mass gathering.
(1971, c. 712, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-256. Issuance of permit; revocation; forfeiture of bond;
cancellation.
(a) If, upon inspection by the Secretary five days prior to
the starting date of the mass gathering, or earlier upon request
of the permittee, the required facilities are found to be in
place, satisfactory arrangements are found to have been made for
required services, the charge for additional services levied in
accordance with G.S. 130A-254(e) has been paid and other
applicable provisions of this Part and the rules of the
Commission are found to have been met, the Secretary shall issue
a permit for the mass gathering. If, upon inspection, the
facilities, arrangements or other provisions are not
satisfactory, the provisional permit shall be revoked and no
permit shall be issued.
(b) Upon revocation of either the provisional permit or the
permit, the permittee shall immediately announce cancellation of
the mass gathering in as effective a manner as is reasonably
possible including, but not limited to, the use or whatever
methods were used for advertising or promoting the mass
gathering.
(c) If the provisional permit or the permit is revoked prior
to or during the mass gathering, the Secretary may order the
permittee to install facilities and make arrangements necessary
to accommodate persons who may nevertheless attend or be present
at the mass gathering despite its cancellation and to restore the
site to a safe and sanitary condition. In the event the permittee
fails to comply with the order of the Secretary, the Secretary
may immediately proceed to install facilities and make other
arrangements and provisions for cleanup as may be minimally
required in the interest of public health and safety, utilizing
any State and local funds and resources as may be available.
(d) If the Secretary installs facilities or makes
arrangements or provisions for cleanup pursuant to subsection
(c), the Secretary may apply to a court of competent jurisdiction
prior to or within 60 days after the action to order forfeiture
of the permittee's performance bond or surety for violation of
this Part or the rules of the Commission. The court may order
that the proceeds shall be applied to the extent necessary to
reimburse State and local governmental agencies for expenditures
made pursuant to the action taken by the Secretary upon the
permittee's failure to comply with the order. Any excess proceeds
shall be returned to the insurer of the bond or to the surety
after deducting court costs. (1971, c. 712, s. 1; 1973, c. 476,
s. 128; 1983, c. 891, s. 2.)
§130A-257. Rules of the Commission.
For the protection of the public health, safety and welfare
of those attending mass gatherings and of other persons who may
be affected by mass gatherings, the Commission shall adopt rules
to carry out the provisions of this Part and to establish
requirements for the provision of facilities and services at mass
gatherings. The rules shall include, but not be limited to, the
establishment of requirements as follows:
(1) General requirements relating to minimum size of
activity area including camping and parking space, distance of
activity area from dwellings, distance from public water supplies
and watersheds and an adequate command post for use by personnel
of health, law-enforcement and other governmental agencies;
(2) Adequate ingress and egress roads, parking facilities
and entrances and exits to public highways;
(3) Plans for limiting attendance and crowd control, dust
control and rapid emergency evacuation;
(4) Medical care, including facilities, services and
personnel;
(5) Sanitary water supply, source and distribution; toilet
facilities; sewage disposal; solid waste collection and disposal;
food dispensing; insect and rodent control; and post-gathering
cleanup; and
(6) Noise level at perimeter; lighting and signs. (1971, c.
712, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-258. Local ordinances not abrogated.
Nothing in this Part shall be construed to limit the
authority of units of local government to adopt ordinances
regulating, but not prohibiting, congregations and assemblies not
covered by this Part. (1971, c. 712, s. 1; 1983, c. 891, s. 2.)
§§130A-259 to 130A-260. Reserved for future codification
purposes.
PART 8. Bedding.
§ 130A-261. Definitions.
The following definitions shall apply throughout this Part:
(1) "Bedding" means any mattress, upholstered
spring, sleeping bag, pad, comforter, cushion, pillow, decorative
pillow, and any other padded or stuffed item designed to be or
commonly used for reclining or sleeping. This definition includes
dual purpose furniture such as studio couches and sofa beds. The
term "mattress" does not include water bed liners, bladders or
cylinders unless they contain padding or stuffing. The term
"mattress" also does not include quilts and comforters made
principally by hand sewing or stitching in a home or community
workshop.
(2) "Itinerant vendor" means a person who sells
bedding from a movable conveyance.
(3) "Manufacture" means the making of bedding out
of new materials.
(4) "New material" means any material or article
that has not been used for any other purpose and by-products of
industry that have not been in human use.
(5) "Previously used material" means any material
of which previous use has been made, but manufacturing processes
shall not be considered previous use.
(6) "Renovate" means the reworking or remaking of
used bedding or the making of bedding from previously used
materials, except for the renovator's own personal use or the use
of the renovator's immediate family.
(7) "Sanitize" means treatment of secondhand
bedding or previously used materials to be used in renovating for
the destruction of pathogenic microorganisms and arthropods and
the removal of dirt and filth.
(8) "Secondhand bedding" means any bedding of which
prior use has been made.
(9) "Sell" or "sold" means sell, have to sell, give
away in connection with a sale, delivery or consignment; or
possess with intent to sell, deliver or consign in sale. (1937,
c. 298, s. 1; 1957, c. 1357, s. 1; 1959, c. 619; 1965, c. 579, s.
1; 1983, c. 891, s. 2; 1987, c. 456, s. 1; 1991, c. 223, s. 1;
1993 (Reg. Sess., 1994), c. 647, s. 5.)
§ 130A-262. Sanitizing.
(a) No person shall sell any renovated bedding or secondhand
bedding unless it is sanitized in accordance with rules adopted
by the Commission.
(b) A sanitizing apparatus or process shall not be used for
sanitizing bedding or material required to be sanitized under
this Part until the apparatus is approved by the Department.
(c) A person who sanitizes bedding shall attach to the
bedding a yellow tag containing information required by the rules
of the Commission.
(d) A person who sanitizes material or bedding for another
person shall keep a complete record of the kind of material and
bedding which has been sanitized. The record shall be subject to
inspection by the Department.
(e) A person who receives used bedding for renovation or
storage shall attach to the bedding a tag on which is legibly
written the date of receipt and the name and address of the
owner. (1937, c. 298, s. 2; 1957, c. 1357, s. 1; 1973, c. 476, s.
128; 1983, c. 891, s. 2; 1987, c. 456, s. 2.)
§130A-263. Manufacture regulated.
All materials used in the manufacture of bedding in this
State or used in manufactured bedding to be sold in this State
shall be free of toxic materials and shall be made from new
materials. (1937, c. 298, s. 3; 1951, c. 929, s. 2; 1957, c.
1357, s. 1; 1959, c. 619; 1965, c. 579, s. 2; 1971, c. 371, ss.
1, 2; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§130A-264. Storage of used materials.
No establishment shall store any unsanitized previously used
materials in the same room with bedding or materials that are new
or have been sanitized unless the new or sanitized bedding or
materials are completely segregated from the unsanitized
materials in a manner approved by the rules of the Commission.
(1937, c. 298, s. 3; 1951, c. 929, s. 2; 1957, c. 1357, s. 1;
1959, c. 619; 1965, c. 579, s. 2; 1971, c. 371, ss. 1, 2; 1973,
c. 476, s. 128; 1983, c. 891, s. 2.)
§ 130A-265. Tagging requirements.
(a) A tag of durable material approved by the Commission
shall be sewed securely to all bedding. The tag shall be at least
two inches by three inches in size.
(b) The following shall be plainly stamped or printed upon
the tag with ink in English:
(1) The name and kind of material or materials used to fill
the bedding which are listed in the order of their predominance;
(2) A registration number obtained from the Department; and
(3) In letters at least one-eighth inch high the words "made
of new material", if the bedding contains no previously used
material; or the words "made of previously used materials", if
the bedding contains any previously used material; or the word
"secondhand" on any bedding which has been used but not remade.
(4) Repealed by Session Laws 1987, c. 456, s. 4.
(c) A white tag shall be used for manufactured bedding and a
yellow tag for renovated or sanitized bedding.
(d) The tag must be sewed to the outside covering before the
filling material has been inserted. No trade name, advertisement
nor any other wording shall appear on the tag. (1937, c. 298, ss.
2, 3; 1951, c. 929, s. 2; 1957, c. 1357, s. 1; 1959, c. 619;
1965, c. 579, s. 2; 1971, c. 371, ss. 1, 2; 1973, c. 476, s. 128;
1983, c. 891, s. 2; 1987, c. 456, ss. 3, 4.)
§130A-266. Altering tags prohibited.
No person, other than one purchasing bedding for personal
use or a representative of the Department shall remove, deface or
alter the tag required by this Part. (1937, c. 298, s. 4; 1957,
c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)
§ 130A-267. Selling regulated.
(a) No person shall sell any bedding in this State (whether
manufactured within or without this State) which has not been
manufactured, tagged, and labeled in the manner required by this
Part and which does not otherwise comply with the provisions of
this Part.
(b) This Part shall not apply to bedding sold by the owner
and previous user from the owner's home directly to a purchaser
for the purchaser's own personal use unless the bedding has been
exposed to an infectious or communicable disease.
(c) Possession of any bedding in any store, warehouse,
itinerant vendor's conveyance or place of business, other than a
private home, hotel or other place where these articles are
ordinarily used, shall constitute prima facie evidence that the
item is possessed with intent to sell. No secondhand bedding
shall be possessed with intent to sell for a period exceeding 60
days unless it has been sanitized. (1957, c. 1357, s. 1; 1973, c.
476, s. 128; 1983, c. 891, s. 2; 1987, c. 456, s. 5.)
§ 130A-268. Registration numbers.
(a) All persons manufacturing or sanitizing bedding in this
State or manufacturing bedding to be sold in this State shall
apply for a registration number on a form prescribed by the
Secretary. Upon receipt of the completed application and
applicable fees, the Department shall issue to the applicant a
certificate of registration showing the person's name and
address, registration number and other pertinent information
required by the rules of the Commission.
(b) to (e) Repealed by Session Laws 1987, c. 456, s. 6.
(1937, c. 298, s. 7; 1951, c. 929, s. 1; 1957, c. 1357, s. 1;
1959, c. 619; 1971, c. 371, s. 3; 1973, c. 476, s. 128; 1983, c.
891, s. 2; 1987, c. 456, s. 6.)
§ 130A-269. Payment of fees; licenses.
(a), (b) Repealed by Session Laws 1987, c. 456, s. 7.
(c) The Department shall administer and enforce this Part.
A person who has done business in this State throughout the
preceding calendar year shall obtain a license by paying a fee to
the Department in an amount determined by the total number of
bedding units manufactured, sold, or sanitized in this State by
the applicant during the calendar year immediately preceding, at
the rate of five and two tenths cents (5.2¢) per bedding unit.
However, if this amount is less than fifty dollars ($50.00), a
minimum fee of fifty dollars ($50.00) shall be paid to the
Department.
(d) A person who has not done business in this State
throughout the preceding calendar year shall obtain a license by
paying an initial fee to the Department in the amount of seven
hundred twenty dollars ($720.00) for the first year in which
business is done in this State, prorated in accordance with the
quarter of the calendar year in which the person begins doing
business. After submission of proof of business volume in
accordance with subsection (h) of this section for the part of
the preceding calendar year in which the person did business in
this State, the Department shall determine the amount of fee for
which the person is responsible for that time period by using a
rate of five and two tenths cents (5.2¢) for each bedding unit.
However, if this amount is less than fifty dollars ($50.00), then
the amount of the fee for which the person is responsible shall
be fifty dollars ($50.00). If the person's initial payment is
more than the amount of the fee for which the person is
responsible, the Department shall make a refund or adjustment to
the cost of the fee due for the next year in the amount of the
difference. If the initial payment is less than the amount of
the fee for which the person is responsible, the person shall pay
the difference to the Department.
(d1) Payments, refunds, and adjustments shall be made in
accordance with rules adopted by the Commission.
(d2) Upon payment of the fees charged pursuant to
subsections (c) and (d), or the first installment thereof as
provided by rules adopted by the Commission, the Department shall
issue a license to the person. Licenses shall be kept
conspicuously posted in the place of business of the licensee at
all times. The Secretary may suspend a license for a maximum of
six months for two or more serious violations of this Part or of
the rules of the Commission, within any 12-month period.
(e) A maximum fee of seven hundred fifty dollars ($750.00)
shall be charged for units of bedding manufactured in this State
but not sold in this State.
(f) For the sole purpose of computing fees for which a
person is responsible, the following definitions shall apply: One
mattress is defined as one bedding unit; one upholstered spring
is defined as one bedding unit; one pad is defined as one bedding
unit; one sleeping bag is defined as one bedding unit; five
comforters, pillows or decorative pillows are defined as one
bedding unit; and any other item is defined as one bedding unit.
(g) An application for license must be submitted on a form
prescribed by the Secretary. No license may be issued to a person
unless the person complies with the rules of the Commission
governing the granting of licenses.
(h) The Commission shall adopt rules for the proper
enforcement of this section. The rules shall include provisions
governing the type and amount of proof which must be submitted by
the applicant to the Department in order to establish the number
of bedding units that were, during the preceding calendar year:
(1) Manufactured and sold in this State;
(2) Manufactured outside of this State and sold in
this State; and
(3) Manufactured in this State but not sold in this
State.
(i) The Commission may provide in its rules for additional
proof of the number of bedding units sold during the preceding
calendar year when it has reason to believe that the proof
submitted by the manufacturer is incomplete, misleading or
incorrect. (1937, c. 298, s. 5; 1949, c. 636; 1957, c. 1357, s.
1; 1965, c. 579, s. 3; 1967, c. 771; 1971, c. 371, ss. 4-7; 1973,
c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 456, s. 7.)
§ 130A-270. Bedding Law Account.
The Bedding Law Account is established as a nonreverting
account within the Department. All fees collected under this Part
shall be credited to the Account and applied to the following
costs:
(1) Salaries and expenses of inspectors and other
employees who enforce this Part.
(2) Expenses directly connected with the
enforcement of this Part, including attorney's fees, which are
expressly authorized to be incurred by the Secretary without
authority from any other source when in the Secretary's opinion
it is advisable to employ an attorney to prosecute any persons.
(1937, c. 298, s. 5; 1949, c. 636; 1957, c. 1357, s. 1; 1965, c.
579, s. 3; 1967, c. 771; 1971, c. 371, ss. 4-7; 1973, c. 476, s.
128; 1983, c. 891, s. 2; c. 913, s. 23; 1991 (Reg. Sess., 1992),
c. 1039, s. 20.2.)
§ 130A-271. Enforcement by the Department.
(a) The Department shall enforce the provisions of this Part
and the rules adopted by the Commission.
(b) The Secretary may prohibit sale and place an "off sale"
tag on any bedding which is not made, sanitized, or tagged as
required by this Part and the rules of the Commission. The
bedding shall not be sold or otherwise removed until the
violation is remedied and the Secretary has reinspected it and
removed the "off sale" tag.
(c) A person supplying material to a bedding manufacturer
shall furnish an itemized invoice of all furnished material. Each
material entering into willowed or other mixtures shall be shown
on the invoice. The bedding manufacturer shall keep the invoice
on file for one year subject to inspection by the Department.
(d) When the Secretary has reason to believe that bedding is
not tagged or filled as required by this Part, the Secretary
shall have authority to open a seam of the bedding to examine the
filling, and, if unable after this examination to determine if
the filling is of the kind stated on the tag, shall have the
authority to examine purchase or other records necessary to
determine definitely the kind of material used in the bedding.
The Secretary shall have authority to seize and hold for evidence
any records and any bedding or bedding material which in the
Secretary's opinion is made, possessed or offered for sale in
violation of this Part or the rules of the Commission. The
Secretary shall have authority to take a sample of any bedding or
bedding material for the purpose of examination or for evidence.
(1937, c. 298, s. 6; 1957, c. 1357, s. 1; 1971, c. 371, s. 8;
1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 456, s. 8.)
§ 130A-272. Exemptions for blind persons and State
institutions.
(a) In cases where bedding is manufactured, sanitized or
renovated in a plant or place of business which has qualified as
a nonprofit agency for the blind or severely handicapped under
P.L. 92- 28, as amended, the responsible person shall satisfy the
provisions of this Part and the rules of the Commission. However,
the responsible persons at these plants or places of business
shall not be required to pay fees in accordance with G.S. 130A-
269.
(b) State institutions engaged in the manufacture,
renovation or sanitizing of bedding for their own use or that of
another State institution are exempted from all provisions of
this Part. (1937, c. 298, s. 11; 1957, c. 1357, s. 1; 1971, c.
371 s. 9; 1983, c. 891, s. 2; 1987, c. 456, s. 9.)
§130A-273. Rules.
The Commission shall adopt rules required by this Part in
order to protect the public health. (1983, c. 891, s. 2.)
PART 9. Milk Sanitation.
§130A-274. Definitions.
The following definitions shall apply throughout this Part:
(1) "Grade 'A' milk" means fluid milk and milk products
which have been produced, transported, handled, processed and
distributed in accordance with the provisions of the rules
adopted by the Commission.
(2) "Milk" means the lacteal secretion practically free from
colostrum obtained by the complete milking of one or more cows or
goats. (1983, c. 891, s. 2.)
§130A-275. Commission to adopt rules.
Notwithstanding the provisions of G.S. 106-267 et seq., the
Commission is authorized and directed to adopt rules relating to
the sanitary production, transportation, processing and
distribution of Grade "A" milk. The rules, in order to protect
and promote the public health, shall provide definitions and
requirements for: (i) the sanitary production and handling of
milk on Grade "A" dairy farms; (ii) the sanitary transportation
of Grade "A" raw milk for processing; (iii) the sanitary
processing of Grade "A" milk; (iv) the sanitary handling and
distribution of Grade "A" milk; (v) the requirements for the
issuance, suspension and revocation of permits; and (vi) the
establishment of quality standards for Grade "A" milk. The rules
shall be no less stringent than the 1978 Pasteurized Milk
Ordinance recommended by the U.S. Public Health Service/Food and
Drug Administration as amended effective January 1, 1982. The
Commission may adopt by reference the U.S. Public Health
Service/Food and Drug Administration 1978 Pasteurized Milk
Ordinance and any amendment thereto. (1983, c. 891, s. 2; 1985,
c. 462, s. 15.)
§130A-276. Permits required.
No person shall produce, transport, process, or distribute
Grade "A" milk without first having obtained a valid permit from
the Department. (1983, c. 891, s. 2.)
§ 130A-277. Duties of the Department.
The Department shall enforce the rules of the Commission
governing Grade "A" milk by making sanitary inspections of Grade
"A" dairy farms, Grade "A" processing plants, Grade "A" milk
haulers and Grade "A" distributors; by determining the quality of
Grade "A" milk; and by evaluating methods of handling Grade "A"
milk to insure compliance with the provisions of the rules of the
Commission. The Department shall issue permits for the operation
of Grade "A" dairy farms, processing plants and haulers in
accordance with the provisions of the rules of the Commission and
shall suspend or revoke permits for violations in accordance with
the rules. (1983, c. 891, s. 2; 1995, c. 123, s. 3.)
§ 130A-278. Certain authorities of Department
of Agriculture and Consumer Services not replaced.
This Part shall not repeal or limit the Department of
Agriculture and Consumer Services' authority to carry out
labeling requirements, required butterfat testing, aflatoxin
testing, pesticide testing, other testing performed by the
Department of Agriculture and Consumer Services any other
function of the Department of Agriculture and Consumer Services
concerning Grade "A" milk which is not inconsistent with this
Article. (1983, c. 891, s. 2; 1997-261, s. 87.)
§130A-279. Sale of milk.
Only milk which is Grade "A" pasteurized milk may be sold
directly to consumers for human consumption. (1983, c. 891, s.
2.)
Part 10. Public Swimming Pools.
§ 130A-280. Scope.
This Article provides for the regulation of public swimming
pools in the State as they may affect the public health and
safety. As used in this Article, the term "public swimming pool"
means any structure, chamber, or tank containing an artificial
body of water used by the public for swimming, diving, wading,
recreation, or therapy, together with buildings, appurtenances,
and equipment used in connection with the body of water,
regardless of whether a fee is charged for its use. The term
includes municipal, school, hotel, motel, apartment, boarding
house, athletic club, or other membership facility pools and
spas. This Article does not apply to a private pool serving a
single family dwelling and used only by the residents of the
dwelling and their guests. This Article also does not apply to
therapeutic pools used in physical therapy programs operated by
medical facilities licensed by the Department or operated by a
licensed physical therapist, nor to therapeutic chambers drained,
cleaned, and refilled after each individual use. (1989, c. 577,
s. 1; 1997-443, s. 11A.80.)
§ 130A-281. Operation permit required.
No public swimming pool may be opened for use unless the
owner or operator has obtained an operation permit issued by the
Department pursuant to rules adopted under G.S. 130A-282. (1989,
c. 577, s. 1.)
§ 130A-282. Commission to adopt rules;
exception.
(a) Rules Required. For protection of the public health
and safety, the Commission shall adopt and the Department shall
enforce rules concerning the construction and operation of public
swimming pools. The Commission shall classify public swimming
pools on the basis of size, usage, type, or any other appropriate
factor and shall adopt requirements for each classification. The
rules shall include requirements for:
(1) Submission and review of plans prior to
construction.
(2) Application, review, expiration, renewal, and
revocation or suspension of an operating permit.
(3) Inspection.
(4) Design and construction including materials,
depth and other dimensions, and standards for the abatement of
suction hazards.
(5) Operation and safety including water source,
water quality and testing, fencing, water treatment, chemical
storage, toilet and bath facilities, measures to ensure the
personal cleanliness of bathers, safety equipment and other
safety measures, and sewage and other wastewater disposal.
(b) Exception. Public swimming pools constructed or
remodeled prior to May 1, 1993, that do not meet specific design
and construction requirements of the rules for public swimming
pools adopted by the Commission shall not be required to comply
with design and construction requirements other than requirements
related to the abatement of suction hazards. Public swimming
pools constructed or remodeled prior to May 1, 1993, shall comply
with all other rules for public swimming pools adopted by the
Commission.
(c) No single drain, single suction outlet public swimming
pools less than 18 inches deep shall be allowed to operate.
(1989, c. 577, s. 1; 1993, c. 215, s. 1; 1993 (Reg. Sess., 1994),
c. 732, s. 1.)
Part 11. Tattooing.
§ 130A-283. Tattooing regulated.
(a) Definition. -- As used in this Part, the term
"tattooing" means the inserting of permanent markings or
coloration, or the producing of scars, upon or under human skin
through puncturing by use of a needle or any other method.
(b) Prohibited Practice. -- No person shall engage in
tattooing without first obtaining a tattooing permit from the
Department. Licensed physicians, as well as physician assistants
and nurse practitioners working under the supervision of a
licensed physician, who perform tattooing within the normal
course of their professional practice are exempt from the
requirements of this Part.
(c) Application. -- To obtain a tattooing permit, a person
must apply to the Department. Upon receipt of the application,
the Department, acting through the local health department, shall
inspect the premises, instruments, utensils, equipment, and
procedures of the applicant to determine whether the applicant
meets the requirements for a tattooing permit set by the
Commission. If the applicant meets these requirements, the
Department shall issue a permit to the applicant. A permit is
valid for one year and must be renewed annually by applying to
the Department for a permit renewal.
(d) Violations. -- The Department may deny an application
for a tattooing permit if an applicant does not meet the
requirements set by the Commission for the permit. The Department
may suspend, revoke, or refuse to renew a permit if it finds that
tattooing is being performed in violation of this Part. In
accordance with G.S. 130A-24(a), Chapter 150B of the General
Statutes, the Administrative Procedure Act, governs appeals
concerning the enforcement of this Part.
(e) Limitation. -- A permit issued pursuant to this Part
does not authorize a person to remove a tattoo from the body of a
human being. Compliance with this Part is not a bar to
prosecution for a violation of G.S. 14-400. (1993 (Reg. Sess.,
1994), c. 670, s. 1.)
ARTICLE 9.
Solid Waste Management.
Part 1. Definitions.
§ 130A-290. Definitions.
(a) Unless a different meaning is required by the context,
the following definitions shall apply throughout this Article:
(1) "Affiliate" has the same meaning as in 17 Code
of Federal Regulations § 240.12b-2 (1 April 1996 Edition).
(1a) "CERCLA/SARA" means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,
Pub. L. No. 96-510, 94 Stat. 2767, 42 U.S.C. § 9601 et seq., as
amended, and the Superfund Amendments and Reauthorization Act of
1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended.
(1b) "Chemical or portable toilet" means a self-
contained mobile toilet facility and holding tank and includes
toilet facilities in recreational vehicles.
(1c) "Chlorofluorocarbon refrigerant" means any of
the following when used as a liquid heat transfer agent in a
mechanical refrigeration system: carbon tetrachloride,
chlorofluorocarbons, halons, or methyl chloroform.
(2) "Closure" means the cessation of operation of a
solid waste management facility and the act of securing the
facility so that it will pose no significant threat to human
health or the environment.
(3) "Commercial" when applied to a hazardous waste
facility, means a hazardous waste facility that accepts hazardous
waste from the general public or from another person for a fee.
(4) "Construction" or "demolition" when used in
connection with "waste" or "debris" means solid waste resulting
solely from construction, remodeling, repair, or demolition
operations on pavement, buildings, or other structures, but does
not include inert debris, land-clearing debris or yard debris.
(4a) "Department" means the Department of
Environment and Natural Resources.
(5) Repealed by Session Laws 1995 (Regular Session,
1996), c. 594.
(6) "Disposal" means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any solid
waste into or on any land or water so that the solid waste or any
constituent part of the solid waste may enter the environment or
be emitted into the air or discharged into any waters, including
groundwaters.
(7) "Garbage" means all putrescible wastes,
including animal offal and carcasses, and recognizable industrial
by-products, but excluding sewage and human waste.
(8) "Hazardous waste" means a solid waste, or
combination of solid wastes, which because of its quantity,
concentration or physical, chemical or infectious characteristics
may:
a. Cause or significantly contribute to an
increase in mortality or an increase in serious irreversible or
incapacitating reversible illness; or
b. Pose a substantial present or potential
hazard to human health or the environment when improperly
treated, stored, transported, disposed of or otherwise managed.
(9) "Hazardous waste facility" means a facility for
the collection, storage, processing, treatment, recycling,
recovery, or disposal of hazardous waste.
(10) "Hazardous waste generation" means the act or
process of producing hazardous waste.
(11) "Hazardous waste disposal facility" means any
facility or any portion of a facility for disposal of hazardous
waste on or in land in accordance with rules adopted under this
Article.
(12) "Hazardous waste management" means the
systematic control of the collection, source separation, storage,
transportation, processing, treatment, recovery and disposal of
hazardous wastes.
(13) "Hazardous waste management program" means the
program and activities within the Department pursuant to Part 2
of this Article, for hazardous waste management.
(13a) "Industrial solid waste" means solid waste
generated by manufacturing or industrial processes that is not
hazardous waste.
(14) "Inert debris" means solid waste which
consists solely of material that is virtually inert and that is
likely to retain its physical and chemical structure under
expected conditions of disposal.
(15) "Land-clearing debris" means solid waste which
is generated solely from land-clearing activities.
(16) "Landfill" means a disposal facility or part
of a disposal facility where waste is placed in or on land and
which is not a land treatment facility, a surface impoundment, an
injection well, a hazardous waste long-term storage facility or a
surface storage facility.
(17) "Manifest" means the form used for identifying
the quantity, composition and the origin, routing and destination
of hazardous waste during its transportation from the point of
generation to the point of disposal, treatment or storage.
(18) "Medical waste" means any solid waste which is
generated in the diagnosis, treatment, or immunization of human
beings or animals, in research pertaining thereto, or in the
production or testing of biologicals, but does not include any
hazardous waste identified or listed pursuant to this Article,
radioactive waste, household waste as defined in 40 Code of
Federal Regulations § 261.4(b)(1) in effect on 1 July 1989, or
those substances excluded from the definition of "solid waste" in
this section.
(18a) "Municipal solid waste" means any solid waste
resulting from the operation of residential, commercial,
industrial, governmental, or institutional establishments that
would normally be collected, processed, and disposed of through a
public or private solid waste management service. Municipal solid
waste does not include hazardous waste, sludge, industrial waste
managed in a solid waste management facility owned and operated
by the generator of the industrial waste for management of that
waste, or solid waste from mining or agricultural operations.
(18b) "Municipal solid waste management facility"
means any publicly or privately owned solid waste management
facility permitted by the Department that receives municipal
solid waste for processing, treatment, or disposal.
(19) "Natural resources" means all materials which
have useful physical or chemical properties which exist, unused,
in nature.
(20) "Open dump" means any facility or site where
solid waste is disposed of that is not a sanitary landfill and
that is not a facility for the disposal of hazardous waste.
(21) "Operator" means any person, including the
owner, who is principally engaged in, and is in charge of, the
actual operation, supervision, and maintenance of a solid waste
management facility and includes the person in charge of a shift
or periods of operation during any part of the day.
(21a) "Parent" has the same meaning as in 17 Code
of Federal Regulations § 240.12b-2 (1 April 1996 Edition).
(22) "Person" means an individual, corporation,
company, association, partnership, unit of local government,
State agency, federal agency or other legal entity.
(23) "Processing" means any technique designed to
change the physical, chemical, or biological character or
composition of any solid waste so as to render it safe for
transport; amenable to recovery, storage or recycling; safe for
disposal; or reduced in volume or concentration.
(24) "Recovered material" means a material that has
known recycling potential, can be feasibly recycled, and has been
diverted or removed from the solid waste stream for sale, use, or
reuse. In order to qualify as a recovered material, a material
must meet the requirements of G.S. 130A-309.05(c).
(25) "RCRA" means the Resource Conservation and
Recovery Act of 1976, Pub. L. 94-580, 90 Stat. 2795, 42 U.S.C. §
6901 et seq., as amended.
(26) "Recyclable material" means those materials
which are capable of being recycled and which would otherwise be
processed or disposed of as solid waste.
(27) "Recycling" means any process by which solid
waste, or materials which would otherwise become solid waste, are
collected, separated, or processed, and reused or returned to use
in the form of raw materials or products.
(28) "Refuse" means all nonputrescible waste.
(28a) "Refuse-derived fuel" means fuel that
consists of municipal solid waste from which recyclable and
noncombustible materials are removed so that the remaining
material is used for energy production.
(29) "Resource recovery" means the process of
obtaining material or energy resources from discarded solid waste
which no longer has any useful life in its present form and
preparing the solid waste for recycling.
(30) "Reuse" means a process by which resources are
reused or rendered usable.
(31) "Sanitary landfill" means a facility for
disposal of solid waste on land in a sanitary manner in
accordance with the rules concerning sanitary landfills adopted
under this Article.
(31a) "Secretary" means the Secretary of
Environment and Natural Resources.
(32) "Septage" means solid waste that is a fluid
mixture of untreated and partially treated sewage solids,
liquids, and sludge of human or domestic origin which is removed
from a wastewater system. The term septage includes the
following:
a. Domestic septage, which is either liquid or
solid material removed from a septic tank, cesspool, portable
toilet, Type III marine sanitation device, or similar treatment
works receiving only domestic sewage. Domestic septage does not
include liquid or solid material removed from a septic tank,
cesspool, or similar treatment works receiving either commercial
wastewater or industrial wastewater and does not include grease
removed from a grease trap at a restaurant.
b. Domestic treatment plant septage, which is
solid, semisolid, or liquid residue generated during the
treatment of domestic sewage in a treatment works where the
designed disposal is subsurface. Domestic treatment plant septage
includes, but is not limited to, scum or solids removed in
primary, secondary, or advanced wastewater treatment processes
and a material derived from domestic treatment plant septage.
Domestic treatment plant septage does not include ash generated
during the firing of domestic treatment plant septage in an
incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works.
c. Grease septage, which is material pumped
from grease interceptors, separators, traps, or other
appurtenances used for the purpose of removing cooking oils,
fats, grease, and food debris from the waste flow generated from
food handling, preparation, and cleanup.
d. Industrial or commercial septage, which is
material pumped from septic tanks or other devices used in the
collection, pretreatment, or treatment of any water-carried waste
resulting from any process of industry, manufacture, trade, or
business where the design disposal of the wastewater is
subsurface. Domestic septage mixed with any industrial or
commercial septage is considered industrial or commercial
septage.
e. Industrial or commercial treatment plant
septage, which is solid, semisolid, or liquid residue generated
during the treatment of sewage that contains any waste resulting
from any process of industry, manufacture, trade, or business in
a treatment works where the designed disposal is subsurface.
Industrial or commercial treatment plant septage includes, but is
not limited to, scum or solids removed in primary, secondary, or
advanced wastewater treatment processes and a material derived
from domestic treatment plant septage. Industrial or commercial
treatment plant septage does not include ash generated during the
firing of industrial or commercial treatment plant septage in an
incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works.
(33) "Septage management firm" means a person
engaged in the business of pumping, transporting, storing,
treating or disposing septage. The term does not include public
or community wastewater systems that treat or dispose septage.
(34) "Sludge" means any solid, semisolid or liquid
waste generated from a municipal, commercial, institutional or
industrial wastewater treatment plant, water supply treatment
plant or air pollution control facility, or any other waste
having similar characteristics and effects.
(35) "Solid waste" means any hazardous or
nonhazardous garbage, refuse or sludge from a waste treatment
plant, water supply treatment plant or air pollution control
facility, domestic sewage and sludges generated by the treatment
thereof in sanitary sewage collection, treatment and disposal
systems, and other material that is either discarded or is being
accumulated, stored or treated prior to being discarded, or has
served its original intended use and is generally discarded,
including solid, liquid, semisolid or contained gaseous material
resulting from industrial, institutional, commercial and
agricultural operations, and from community activities. The term
does not include:
a. Fecal waste from fowls and animals other
than humans.
b. Solid or dissolved material in:
1. Domestic sewage and sludges generated
by tr eatment thereof in sanitary sewage collection, treatment
and disposal systems which are designed to discharge effluents to
the surface waters.
2. Irrigation return flows.
3. Wastewater discharges and the sludges
incid ental to and generated by treatment which are point sources
subject to permits granted under Section 402 of the Water
Pollution Control Act, as amended (P.L. 92-500), and permits
granted under G.S. 143-215.1 by the Environmental Management
Commission. However, any sludges that meet the criteria for
hazardous waste under RCRA shall also be a solid waste for the
purposes of this Article.
c. Oils and other liquid hydrocarbons
controlled under Article 21A of Chapter 143 of the General
Statutes. However, any oils or other liquid hydrocarbons that
meet the criteria for hazardous waste under RCRA shall also be a
solid waste for the purposes of this Article.
d. Any source, special nuclear or byproduct
material as defined by the Atomic Energy Act of 1954, as amended
(42 U.S.C. § 2011).
e. Mining refuse covered by the North Carolina
Mining Act, G.S. 74-46 through 74-68 and regulated by the North
Carolina Mining Commission (as defined under G.S. 143B-290).
However, any specific mining waste that meets the criteria for
hazardous waste under RCRA shall also be a solid waste for the
purposes of this Article.
f. Recovered material.
(36) "Solid waste disposal site" means any place at
which solid wastes are disposed of by incineration, sanitary
landfill or any other method.
(37) "Solid waste generation" means the act or
process of producing solid waste.
(38) "Solid waste management" means purposeful,
systematic control of the generation, storage, collection,
transport, separation, treatment, processing, recycling, recovery
and disposal of solid waste.
(39) "Solid waste management facility" means land,
personnel and equipment used in the management of solid waste.
(40) "Special wastes" means solid wastes that can
require special handling and management, including white goods,
whole tires, used oil, lead-acid batteries, and medical wastes.
(41) "Storage" means the containment of solid
waste, either on a temporary basis or for a period of years, in a
manner which does not constitute disposal.
(41a) "Subsidiary" has the same meaning as in 17
Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition).
(41b) "Tire-derived fuel" means a form of fuel
derived from scrap tires.
(42) "Treatment" means any method, technique or
process, including neutralization, designed to change the
physical, chemical or biological character or composition of any
hazardous waste so as to neutralize such waste or so as to render
such waste nonhazardous, safer for transport, amenable for
recovery, amenable for storage or reduced in volume. "Treatment"
includes any activity or processing designed to change the
physical form or chemical composition of hazardous waste so as to
render it nonhazardous.
(43) "Unit of local government" means a county,
city, town or incorporated village.
(44) "White goods" includes refrigerators, ranges,
water heaters, freezers, unit air conditioners, washing machines,
dishwashers, clothes dryers, and other similar domestic and
commercial large appliances.
(45) "Yard trash" means solid waste consisting
solely of vegetative matter resulting from landscaping
maintenance.
(b) Unless a different meaning is required by the context,
the following definitions shall apply throughout G.S. 130A-309.15
through G.S. 130A-309.24:
(1) "Public used oil collection center" means:
a. Automotive service facilities or
governmentally sponsored collection facilities, which in the
course of business accept for disposal small quantities of used
oil from households; and
b. Facilities which store used oil in
aboveground tanks, which are approved by the Department, and
which in the course of business accept for disposal small
quantities of used oil from households.
(2) "Reclaiming" means the use of methods, other
than those used in rerefining, to purify used oil primarily to
remove insoluble contaminants, making the oil suitable for
further use; the methods may include settling, heating,
dehydration, filtration, or centrifuging.
(3) "Recycling" means to prepare used oil for reuse
as a petroleum product by rerefining, reclaiming, reprocessing,
or other means or to use used oil in a manner that substitutes
for a petroleum product made from new oil.
(4) "Rerefining" means the use of refining
processes on used oil to produce high-quality base stocks for
lubricants or other petroleum products. Rerefining may include
distillation, hydrotreating, or treatments employing acid,
caustic, solvent, clay, or other chemicals, or other physical
treatments other than those used in reclaiming.
(5) "Used oil" means any oil which has been refined
from crude oil or synthetic oil and, as a result of use, storage,
or handling, has become unsuitable for its original purpose due
to the presence of impurities or loss of original properties, but
which may be suitable for further use and is economically
recyclable.
(6) "Used oil recycling facility" means any
facility that recycles more than 10,000 gallons of used oil
annually. (1969, c. 899; 1975, c. 311, s. 2; 1977, 2nd Sess., c.
1216; 1979, c. 464, s. 1; 1981, c. 704, s. 4; 1983, c. 795, ss.
1, 8.1; c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 973, s. 2;
1985, c. 738, s. 1; 1987, c. 574, s. 1; 1987 (Reg. Sess., 1988),
c. 1020, s. 1; c. 1058, s. 1; 1989, c. 168, s. 11; c. 742, s. 5;
c. 784, s. 1; 1991, c. 342, s. 7; c. 621, s. 1; 1991 (Reg. Sess.,
1992), c. 1013, s. 7; 1993, c. 173, ss. 1-3; c. 471, ss. 1, 2;
1995 (Reg. Sess., 1996), c. 594, ss. 1-5; 1997-27, s. 1; 1997-
330, s. 3; 1997-443, s. 11A.81.)
Part 2. Solid and Hazardous Waste Management.
§ 130A-291. Division of Waste Management.
(a) For the purpose of promoting and preserving an
environment that is conducive to public health and welfare, and
preventing the creation of nuisances and the depletion of our
natural resources, the Department shall maintain a Division of
Waste Management to promote sanitary processing, treatment,
disposal, and statewide management of solid waste and the
greatest possible recycling and recovery of resources, and the
Department shall employ and retain qualified personnel as may be
necessary to effect such purposes. It is the purpose and intent
of the State to be and remain cognizant not only of its
responsibility to authorize and establish a statewide solid waste
management program, but also of its responsibility to monitor and
supervise, through the Department, the activities and operations
of units of local government implementing a permitted solid waste
management facility serving a specified geographic area in
accordance with a solid waste management plan.
(b) In furtherance of this purpose and intent, it is hereby
determined and declared that it is necessary for the health and
welfare of the inhabitants of the State that solid waste
management facilities permitted hereunder and serving a specified
geographic area shall be used by public or private owners or
occupants of all lands, buildings, and premises within the
geographic area, and a unit of local government may, by
ordinance, require that all solid waste generated within the
geographic area and placed in the waste stream for disposal,
shall be delivered to the permitted solid waste management
facility or facilities serving the geographic area. Actions
taken pursuant to this Article shall be deemed to be acts of the
sovereign power of the State of North Carolina, and to the extent
reasonably necessary to achieve the purposes of this section, a
unit of local government may displace competition with public
service for solid waste management and disposal. It is further
determined and declared that no person, firm, corporation,
association or entity within the geographic area shall engage in
any activities which would be competitive with this purpose or
with ordinances, rules adopted pursuant to the authority granted
herein. (1969, c. 899; 1973, c. 476, s. 128; 1975, c. 311, s. 3;
1977, 2nd Sess., c. 1216; 1983, c. 795, ss. 2, 8.1; c. 891, s. 2;
1987, c. 574, s. 1; 1989, c. 727, s. 144; 1989 (Reg. Sess.,
1990), c. 1004, ss. 7, 8; 1995 (Reg. Sess., 1996), c. 743, s. 4.)
§ 130A-291.1. Septage management program.
(a) The Department shall establish and administer a septage
management program in accordance with the provisions of this
section.
(b) For the protection of the public health, the Commission
shall adopt rules governing the management of septage. The rules
shall include, but not be limited to, criteria for the sanitary
management of septage, including standards for transportation,
storage, treatment and disposal; issuance, suspension and
revocation of permits; and procedures for payment of annual fees.
(c) No septage management firm shall commence or continue
operation that does not have a permit issued by the Department.
The permit shall be issued only when the septage management firm
satisfies all of the requirements of the rules adopted by the
Commission.
(d) Septage shall be treated and disposed only at a
wastewater system that has been approved by the Department under
rules adopted by the Commission or by the Environmental
Management Commission or at a site that is permitted by the
Department under this section. A permit shall be issued only if
the site satisfies all of the requirements of the rules adopted
by the Commission.
(e) A septage management firm that operates one pumper
truck shall pay an annual fee of three hundred dollars ($300.00)
to the Department. A septage management firm that operates two
or more pumper trucks shall pay an annual fee of four hundred
dollars ($400.00) to the Department. The fee is due by January 1
of each year.
Fees collected under this subsection shall be applied only
to the costs of the septage management program.
(f) All wastewater systems designed to discharge effluent
to the surface waters may accept, treat and dispose septage from
permitted septage management firms, unless acceptance of the
septage would constitute a violation of the permit conditions of
the wastewater system. The wastewater system may charge a
reasonable fee for acceptance, treatment, and disposal of
septage. (1987 (Reg. Sess., 1988), c. 1058, s. 2; 1991 (Reg.
Sess., 1992), c. 1039, s. 8; 1993, c. 173, s. 4.)
§ 130A-292. Conveyance of land used for commercial
hazardous waste disposal facility to the State.
(a) No land may be used for a commercial hazardous waste
disposal facility until fee simple title to the land has been
conveyed to this State. In consideration for the conveyance, the
State shall enter into a lease agreement with the grantor for a
term equal to the estimated life of the facility in which the
State will be the lessor and the grantor the lessee. The lease
agreement shall specify that for an annual rent of fifty dollars
($50.00), the lessee shall be allowed to use the land for the
development and operation of a hazardous waste disposal facility.
The lease agreement shall provide that the lessor or any person
authorized by the lessor shall at all times have the right to
enter without a search warrant or permission of the lessee upon
any and all parts of the premises for monitoring, inspection and
all other purposes necessary to carry out the provisions of this
Article. The lessee shall remain fully liable for all damages,
losses, personal injury or property damage which may result or
arise out of the lessee's operation of the facility, and for
compliance with regulatory requirements concerning insurance,
bonding for closure and post-closure costs, monitoring and other
financial or health and safety requirements as required by
applicable law and rules. The State, as lessor, shall be immune
from liability except as otherwise provided by statute. The lease
shall be transferable with the written consent of the lessor and
the consent will not be unreasonably withheld. In the case of a
transfer of the lease, the transferee shall be subject to all
terms and conditions that the State deems necessary to ensure
compliance with applicable laws and rules. If the lessee or any
successor in interest fails in any material respect to comply
with any applicable law, rule or permit condition, or with any
term or condition of the lease, the State may terminate the lease
after giving the lessee written notice specifically describing
the failure to comply and upon providing the lessee a reasonable
time to comply. If the lessee does not effect compliance within
the reasonable time allowed, the State may reenter and take
possession of the premises.
(b) Notwithstanding the termination of the lease by either
the lessee or the lessor for any reason, the lessee shall remain
liable for, and be obligated to perform, all acts necessary or
required by law, rule, permit condition or the lease for the
permanent closure of the site until the site has either been
permanently closed or until a substituted operator has been
secured and has assumed the obligations of the lessee.
(c) In the event of changes in laws or rules applicable to
the facility which make continued operation by the lessee
impossible or economically infeasible, the lessee shall have the
right to terminate the lease upon giving the State reasonable
notice of not less than six months, in which case the lessor
shall have the right to secure a substitute lessee and operator.
(d) In the event of termination of the lease by the lessor
as provided in subsection (a) of this section, or by the lessee
as provided in subsection (c) of this section, the lessee shall
be paid the fair market value of any improvements made to the
leased premises less the costs to the lessor resulting from
termination of the lease and securing a substitute lessee and
operator. However, the lessor shall have no obligation to secure
a substitute lessee or operator and may require the lessee to
permanently close the facility. (1981, c. 704, s. 5; 1983, c.
891, s. 2; 1989, c. 168, s. 12.)
§ 130A-293. Local ordinances prohibiting
hazardous waste facilities invalid; petition to preempt local
ordinance.
(a) It is the intent of the General Assembly to maintain a
uniform system for the management of hazardous waste and to place
limitations upon the exercise by all units of local government in
North Carolina of the power to regulate the management of
hazardous waste by means of special, local, or private acts or
resolutions, ordinances, property restrictions, zoning
regulations, or otherwise. Notwithstanding any authority granted
to counties, municipalities, or other local authorities to adopt
local ordinances (including but not limited to those imposing
taxes, fees, or charges or regulating health, environment, or
land use), any local ordinance that prohibits or has the effect
of prohibiting the establishment or operation of a hazardous
waste facility which the Secretary has preempted pursuant to
subsections (b) through (f) of this section, shall be invalid to
the extent necessary to effectuate the purposes of this Chapter
or Chapter 130B of the General Statutes. To this end, all
provisions of special, local, or private acts or resolutions are
repealed which:
(1) Prohibit the transportation, treatment,
storage, or disposal of hazardous waste within any county, city,
or other political subdivision;
(2) Prohibit the siting of a hazardous waste
facility within any county, city, or other political subdivision;
(3) Place any restriction or condition not placed
by Article 9 of Chapter 130A or Chapter 130B of the General
Statutes upon the transportation, treatment, storage, or disposal
of hazardous waste, or upon the siting of a hazardous waste
facility within any county, city, or other political subdivision;
or
(4) In any manner are in conflict or inconsistent
with the provisions of Article 9 of Chapter 130A or Chapter 130B
of the General Statutes.
No special, local, or private acts or resolutions enacted or
taking effect hereafter may be construed to modify, amend, or
repeal any portion of Article 9 of Chapter 130A or Chapter 130B
of the General Statutes unless it expressly provides for such by
specific references to the appropriate section of this Part.
Further to this end, all provisions of local ordinances,
including those regulating land use, adopted by counties,
municipalities, or other local authorities that prohibit or have
the effect of prohibiting the establishment or operation of a
hazardous waste facility are invalidated to the extent preempted
by the Secretary pursuant to this Section.
(b) When a hazardous waste facility would be prevented from
construction or operation by a county, municipal, or other local
ordinance(s), the operator of the proposed facility or the North
Carolina Hazardous Waste Management Commission established
pursuant to Chapter 130B of the General Statutes (hereinafter
`the Commission') may petition the Secretary to review the
matter. After receipt of a petition, the Secretary shall hold a
hearing in accordance with the procedures in subsection (c) of
this section and shall determine whether or to what extent to
preempt the local ordinance to allow for the establishment and
operation of the facility.
(c) When a petition described in subsection (b) of this
section has been filed with the Secretary, the Secretary shall
hold a public hearing to consider the petition. Such hearing
shall be held in the affected locality within 60 days after
receipt of the petition by the Secretary. The Secretary shall
give notice of the public hearing by:
(1) Publication in a newspaper or newspapers having
general circulation in the county or counties where the facility
is or is to be located or operated, once a week for three
consecutive weeks, the first notice appearing at least 30 days
prior to the scheduled date of the hearing; and
(2) First class mail to persons who have requested
such notice. The Secretary shall maintain a mailing list of
persons who request notice in advance of the hearing pursuant to
this section. Notice by mail shall be complete upon deposit of a
copy of the notice in a post-paid wrapper addressed to the person
to be notified at the address which appears on the mailing list
maintained by the Board, in a post office or official depository
under the exclusive care and custody of the United States Postal
Service.
Any interested person may appear before the Secretary at the
hearing to offer testimony. In addition to testimony before the
Secretary, any interested person may submit written evidence to
the Secretary for its consideration. At least 20 days shall be
allowed for receipt of written comment following the hearing.
(d) The Secretary shall determine whether or to what extent
to preempt local ordinance(s) so as to allow for the
establishment and operation of the facility no later than 60 days
after conclusion of the hearing. The Secretary shall preempt a
local ordinance only if it makes all five of the following
findings:
(1) That there is a local ordinance which would
prohibit or have the effect of prohibiting the establishment or
operation of a hazardous waste facility;
(2) That the proposed facility is needed in order
to establish adequate capability to meet the current or projected
hazardous waste management needs of this State or to comply with
the terms of any interstate agreement for the management of
hazardous waste to which the State is a party and therefore
serves the interests of the citizens of the State as a whole;
(3) That all legally required State and federal
permits or approvals have been issued by the appropriate State
and federal agencies or that all State and federal permit
requirements have been satisfied and that the permits or
approvals have been denied or withheld only because of the local
ordinance(s);
(4) That local citizens and elected officials have
had adequate opportunity to participate in the siting process;
and
(5) That the construction and operation of the
facility will not pose an unreasonable health or environmental
risk to the surrounding locality and that the facility operator
or the Commission has taken or consented to take reasonable
measures to avoid or manage foreseeable risks and to comply to
the maximum feasible extent with any applicable local
ordinance(s).
If the Secretary does not make all five findings set out
above, the Secretary shall not preempt the challenged local
ordinance(s). The Secretary's decision shall be in writing and
shall identify the evidence submitted to the Secretary plus any
additional evidence used in arriving at the decision.
(e) The decision of the Secretary shall be final unless a
party to the action shall, pursuant to Article 4 of Chapter 150B
of the General Statutes as modified by G.S. 7A-29 and this
section, files a written appeal within 30 days of the date of
such decision. The record on appeal shall consist of all
materials and information submitted to or considered by the
Secretary, the Secretary's written decision, a complete
transcript of the hearing, all written material presented to the
Secretary regarding the location of the facility, the specific
findings required by subsection (d) of this section, and any
minority positions on the specific findings required by
subsection (d) of this section. The scope of judicial review
shall be that the court may affirm the decision of the Secretary,
or may remand the matter for further proceedings, or may reverse
or modify the decision if the substantial rights of the parties
may have been prejudiced because the agency findings, inferences,
conclusions, or decisions are:
(1) In violation of constitutional provisions; or
(2) In excess of the statutory authority or
jurisdiction of the agency; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Unsupported by substantial evidence admissible
under G.S. 150B-29(a) or G.S. 150B-30 in view of the entire
record as submitted; or
(6) Arbitrary or capricious.
If the court reverses or modifies the decision of the
agency, the judge shall set out in writing, which writing shall
become part of the record, the reasons for such reversal or
modification.
(f) In computing any period of time prescribed or allowed
by this procedure, the provisions of Rule 6(a) of the Rules of
Civil Procedure, G.S. 1A-1, shall apply.
(g) Repealed by Session Laws 1989, c. 168, s. 13. (1981, c.
704, s. 5; 1983, c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 973,
ss. 3-5; 1987, c. 827, s. 249; 1987 (Reg. Sess., 1988), c. 993,
s. 28, c. 1082, s. 13; 1989, c. 168, s. 13; 1993, c. 501, s. 13.)
§ 130A-294. Solid waste management program.
(a) The Department is authorized and directed to engage in
research, conduct investigations and surveys, make inspections
and establish a statewide solid waste management program. In
establishing a program, the Department shall have authority to:
(1) Develop a comprehensive program for
implementation of safe and sanitary practices for management of
solid waste;
(2) Advise, consult, cooperate and contract with
other State agencies, units of local government, the federal
government, industries and individuals in the formulation and
carrying out of a solid waste management program;
(3) Develop and adopt rules to establish standards
for qualification as a "recycling, reduction or resource
recovering facility" or as "recycling, reduction or resource
recovering equipment" for the purpose of special tax
classifications or treatment, and to certify as qualifying those
applicants which meet the established standards. The standards
shall be developed to qualify only those facilities and equipment
exclusively used in the actual waste recycling, reduction or
resource recovering process and shall exclude any incidental or
supportive facilities and equipment;
(4) a. (Effective until June 30, 2001)
Develop a permit system governing the establishment and
operation of solid waste management facilities. A landfill with a
disposal area of 1/2 acre or less for the on-site disposal of
land clearing and inert debris is exempt from the permit
requirement of this section and shall be governed by G.S. 130A-
301.1. A landfill for the disposal of demolition debris generated
on the same parcel or tract of land on which the landfill is
located that has a disposal area of one acre or less is exempt
from the permit requirement of this section and rules adopted
pursuant to this section, and shall be governed by G.S. 130A-
301.2. The Department shall not approve an application for a new
permit, the renewal of a permit, or a substantial amendment to a
permit for a sanitary landfill, excluding demolition landfills as
defined in the rules of the Commission for Health Services,
except as provided in subdivisions (3) and (4) of subsection (b1)
of this section. No permit shall be granted for a solid waste
management facility having discharges which are point sources
until the Department has referred the complete plans and
specifications to the Environmental Management Commission and has
received advice in writing that the plans and specifications are
approved in accordance with the provisions of G.S. 143-215.1. If
the applicant is a unit of local government, and has not
submitted a solid waste management plan that has been approved by
the Department pursuant to G.S. 130A-309.09A(b), the Department
may deny a permit for a sanitary landfill or a facility that
disposes of solid waste by incineration, unless the Commission
has not adopted rules pursuant to G.S. 130A-309.29 for local
solid waste management plans. In any case where the Department
denies a permit for a solid waste management facility, it shall
state in writing the reason for denial and shall also state its
estimate of the changes in the applicant's proposed activities or
plans which will be required for the applicant to obtain a
permit.
(4) a. (Effective June 30, 2001) Develop
a permit system governing the establishment and operation of
solid waste management facilities. A landfill with a disposal
area of 1/2 acre or less for the on-site disposal of land
clearing and inert debris is exempt from the permit requirement
of this section and shall be governed by G.S. 130A-301.1. The
Department shall not approve an application for a new permit, the
renewal of a permit, or a substantial amendment to a permit for a
sanitary landfill, excluding demolition landfills as defined in
the rules of the Commission for Health Services, except as
provided in subdivisions (3) and (4) of subsection (b1) of this
section. No permit shall be granted for a solid waste management
facility having discharges which are point sources until the
Department has referred the complete plans and specifications to
the Environmental Management Commission and has received advice
in writing that the plans and specifications are approved in
accordance with the provisions of G.S. 143-215.1. If the
applicant is a unit of local government, and has not submitted a
solid waste management plan that has been approved by the
Department pursuant to G.S. 130A-309.09A(b), the Department may
deny a permit for a sanitary landfill or a facility that disposes
of solid waste by incineration, unless the Commission has not
adopted rules pursuant to G.S. 130A-309.29 for local solid waste
management plans. In any case where the Department denies a
permit for a solid waste management facility, it shall state in
writing the reason for denial and shall also state its estimate
of the changes in the applicant's proposed activities or plans
which will be required for the applicant to obtain a permit.
b. The issuance of permits for sanitary
landfills operated by local governments is exempt from the
environmental impact statements required by Article 1 of Chapter
113A of the General Statutes, entitled the North Carolina
Environmental Policy Act of 1971. All sanitary landfill permits
issued to local governments prior to July 1, 1984, are hereby
validated notwithstanding any failure to provide environmental
impact statements pursuant to the North Carolina Environmental
Policy Act of 1971;
(4a) No permit shall be granted for any public or
private sanitary landfill to receive solid non-radioactive waste
generated outside the boundaries of North Carolina to be
deposited, unless such waste has previously been inspected by the
solid waste regulatory agency of that nation, state or territory,
characterized in detail as to its contents and certified by that
agency to be non-injurious to health and safety. The Commission
shall adopt rules to implement this subsection.
(5) Repealed by Session Laws 1983, c. 795, s. 3.
(5a) Designate a geographic area within which the
collection, transportation, storage and disposal of all solid
waste generated within said area shall be accomplished in
accordance with a solid waste management plan. Such designation
may be made only after the Department has received a request from
the unit or units of local government having jurisdiction within
said geographic area that such designation be made and after
receipt by the Department of a solid waste management plan which
shall include:
a. The existing and projected population for
such area;
b. The quantities of solid waste generated and
estimated to be generated in such area;
c. The availability of sanitary landfill sites
and the environmental impact of continued landfill of solid waste
on surface and subsurface waters;
d. The method of solid waste disposal to be
utilized and the energy or material which shall be recovered from
the waste; and
e. Such other data that the Department may
reasonably require.
(5b) Authorize units of local government to require
by ordinance, that all solid waste generated within the
designated geographic area that is placed in the waste stream for
disposal be collected, transported, stored and disposed of at a
permitted solid waste management facility or facilities serving
such area. The provisions of such ordinance shall not be
construed to prohibit the source separation of materials from
solid waste prior to collection of such solid waste for disposal,
or prohibit collectors of solid waste from recycling materials or
limit access to such materials as an incident to collection of
such solid waste; provided such prohibitions do not authorize the
construction and operation of a resource recovery facility unless
specifically permitted pursuant to an approved solid waste
management plan. If a private solid waste landfill shall be
substantially affected by such ordinance then the unit of local
government adopting the ordinance shall be required to give the
operator of the affected landfill at least two years written
notice prior to the effective date of the proposed ordinance.
(5c) Except for the authority to designate a
geographic area to be serviced by a solid waste management
facility, delegate authority and responsibility to units of local
government to perform all or a portion of a solid waste
management program within the jurisdictional area of the unit of
local government; provided that no authority over or control of
the operations or properties of one local government shall be
delegated to any other local government.
(5d) Require that an annual report of the
implementation of the solid waste management plan within the
designated geographic area be filed with the Department.
(6) The Department is authorized to charge and
collect fees from operators of hazardous waste disposal
facilities. The fees shall be used to establish a fund sufficient
for each individual facility to defray the anticipated costs to
the State for monitoring and care of the facility after the
termination of the period during which the facility operator is
required by applicable State and federal statutes, regulations or
rules to remain responsible for post-closure monitoring and care.
In establishing the fees, consideration shall be given to the
size of the facility, the nature of the hazardous waste and the
projected life of the facility.
(7) Establish and collect annual fees from
generators and transporters of hazardous waste, and from storage,
treatment, and disposal facilities regulated under this Article
as provided in G.S. 130A-294.1.
(b) The Commission shall adopt and the Department shall
enforce rules to implement a comprehensive statewide solid waste
management program. The rules shall be consistent with applicable
State and federal law; and shall be designed to protect the
public health, safety, and welfare; preserve the environment; and
provide for the greatest possible conservation of cultural and
natural resources. Rules for the establishment, location,
operation, maintenance, use, discontinuance, recordation, post-
closure care of solid waste management facilities also shall be
based upon recognized public health practices and procedures,
including applicable epidemiological research and studies;
hydrogeological research and studies; sanitary engineering
research and studies; and current technological development in
equipment and methods. The rules shall not apply to the
management of solid waste that is generated by an individual or
individual family or household unit on the individual's property
and is disposed of on the individual's property.
The Commission shall adopt rules for financial
responsibility to ensure the availability of sufficient funds for
closure and post-closure maintenance and monitoring at solid
waste management facilities, and for any corrective action the
Department may require during the active life of a facility or
during the closure and post-closure periods. The rules may permit
demonstration of financial responsibility through the use of a
letter of credit, insurance, surety, trust agreement, financial
test, or guarantee by corporate parents or third parties who can
pass the financial test. The rules shall require that an owner or
operator of a privately owned solid waste management facility
demonstrate financial responsibility by a method or combinations
of methods that will ensure that sufficient funds for closure,
post-closure maintenance and monitoring, and any corrective
action that the Department may require will be available during
the active life of the facility, at closure, and for a period of
not less than 30 years after closure even if the owner or
operator becomes insolvent or ceases to reside, be incorporated,
do business, or maintain assets in the State.
(b1) (1) For purposes of this subsection and
subdivision (4) of subsection (a) of this section, a "substantial
amendment" means either:
a. An increase of ten percent (10%) or more
in:
1. The population of the geographic area
to be served by the sanitary landfill;
2. The quantity of solid waste to be
disposed of in the sanitary landfill; or
3. The geographic area to be served by
the san itary landfill.
b. A change in the categories of solid waste
to be disposed of in the sanitary landfill or any other change to
the application for a permit or to the permit for a sanitary
landfill that the Commission or the Department determines to be
substantial.
(2) Within 10 days after receiving an application
for a permit, for the renewal of a permit, or for a substantial
amendment to a permit for a sanitary landfill, the Department
shall notify the clerk of the board of commissioners of the
county or counties in which the sanitary landfill is proposed to
be located or is located and, if the sanitary landfill is
proposed to be located or is located within a city, the clerk of
the governing board of the city, that the application has been
filed and shall file a copy of the application with the clerk.
Prior to the issuance of a permit, the renewal of a permit, or a
substantial amendment to a permit, the board of commissioners of
the county or counties in which the sanitary landfill is proposed
to be located or is located or, if the sanitary landfill is
proposed to be located or is located in a city, the governing
board of the city shall conduct a public hearing when sufficient
public interest exists. The board of commissioners of the county
or counties in which the sanitary landfill is proposed to be
located or is located or, if the sanitary landfill is proposed to
be located or is located in a city, the governing board of the
city shall provide adequate notice to the public of the public
hearing and shall specify the procedure to be followed at the
public hearing.
(3) An applicant for a new permit, the renewal of a
permit, or a substantial amendment to a permit for a sanitary
landfill shall obtain, prior to applying for a permit, a
franchise for the operation of the sanitary landfill from each
local government having jurisdiction over any part of the land on
which the sanitary landfill and its appurtenances are located or
to be located. A local government shall adopt a franchise
ordinance under G.S. 153A-136 or G.S. 160A-319 prior to the
submittal by an applicant of an application for a new permit, the
renewal of a permit, or a substantial amendment to a permit for a
sanitary landfill. A franchise granted for a sanitary landfill
shall include:
a. A statement of the population to be served,
including a description of the geographic area.
b. A description of the volume and
characteristics of the waste stream.
c. A projection on the useful life of the
landfill.
(4) An applicant for a new permit, the renewal of a
permit, or a substantial amendment to a permit for a sanitary
landfill shall request each local government having jurisdiction
over any part of the land on which the sanitary landfill and its
appurtenances are located or to be located to issue a
determination as to whether the local government has in effect a
franchise, zoning, subdivision, or land-use planning ordinance
applicable to the sanitary landfill and whether the proposed
sanitary landfill, or the existing sanitary landfill as it would
be operated under the renewed or substantially amended permit,
would be consistent with the applicable ordinances. The request
to the local government shall be accompanied by a copy of the
permit application and shall be delivered to the clerk of the
local government personally or by certified mail. In order to
serve as a basis for a determination that an application for a
new permit, the renewal of a permit, or a substantial amendment
to a permit for a sanitary landfill is consistent with a zoning,
subdivision, or land-use planning ordinance, an ordinance or
zoning classification applicable to the real property designated
in the permit application shall have been in effect not less than
90 days prior to the date the request for a determination of
consistency is delivered to the clerk of the local government.
The determination shall be verified or supported by affidavit
signed by the chief administrative officer, the chief
administrative officer's designee, clerk, or other official
designated by the local government to make the determination and,
if the local government states that the sanitary landfill as it
would be operated under the new, renewed, or substantially
amended permit is inconsistent with a franchise, zoning,
subdivision, or land-use planning ordinance, shall include a copy
of the ordinance and the specific reasons for the determination
of inconsistency. A copy of the determination shall be provided
to the applicant when the determination is submitted to the
Department. The Department shall not act upon an application for
a permit under this section until it has received a determination
from each local government requested to make a determination by
the applicant; provided that if a local government fails to
submit a determination to the Department as provided by this
subsection within 15 days after receipt of the request, the
Department shall proceed to consider the permit application
without regard to a franchise, local zoning, subdivision, and
land-use planning ordinances. Unless the local government makes a
subsequent determination of consistency with all ordinances cited
in the determination or the sanitary landfill as it would be
operated under the new, renewed, or substantially amended permit
is determined by a court of competent jurisdiction to be
consistent with the cited ordinances, the Departmen