Click on “Download PDF” for the PDF version or on the title for the HTML version. If you are not an ASABE member or if your employer has not arranged for access to the full-text, Click here for options. On-Site Wastewater Permit Nightmares or Easy Ways to Pay Tort ClaimsPublished by the American Society of Agricultural and Biological Engineers, St. Joseph, Michigan www.asabe.org Citation: Eleventh Individual and Small Community Sewage Systems Conference Proceedings, 20-24 October 2007, Warwick, Rhode Island 701P1107cd.(doi:10.13031/2013.23989)Authors: Gene Young, Kevin Neal, David Lindbo, Joe Lynn, Andy Adams Keywords: On-site Wastewater, Permitting, Tort Claims, Environmental Health Specialist, Quality Assurance, Planning Abstract: Environmental Health Specialists in North Carolina issue more than 50,000 Improvement Permits and Authorization to Construct Permits each year. The Environmental Health Specialists are employed by their respective county governments, but are trained and authorized by the North Carolina Department of Environment and Natural Resources, On-Site Water Protection Section to conduct soil and site evaluations and issue the appropriate permits. This system produces well trained individuals that are able to enforce state regulations on the local level. In the last five years problems have arisen, resulting in an alarming increase in the tort claims filed against the state and counties. A tort claim arises when an Environmental Health Specialist fails to act as a reasonable professional in performing his/her duties. In general this is documented by improper permitting of Improvement Permit/Authorization to Construct Permits that result in financial injury (i.e. system failure, permitting of unsuitable lots.). In 1995 tort claims paid was less than $15,000; this is compared to proposed claims of over $1.5 million in 2006-2007. In 2005 one claim in the amount of $350,000 was awarded. During the last 3-years four Environmental Health Specialists have been placed on conditional authorization for performing unacceptable soil and site evaluations according to State laws and regulations. An additional two Environmental Health Specialists have had their authorizations revoked. An investigation is underway by the NC State Bureau of Investigation in one county to determine if there was criminal intent in the issuance of the Improvement Permit/Authorization to Construct Permits. The health department in this county, with the assistance of the On-Site Water Protection Section, went through their files and pulled all the Improvement Permit/Authorization to Construct Permits issued by the Environmental Health Specialist in question. Property owners were notified and site visits were made to ensure the soil and site conditions met all state laws, rules and regulations. The other Environmental Health Specialist in question had over 800 valid Improvement Permit/Authorization to Construct Permits and is under investigation. Adequate documentation was found to support the revocation of the two authorizations and a training program has been developed for the Environmental Health Specialists placed on conditional authorizations. (Download PDF) (Export to EndNotes)
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