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PROPOSED RULES

Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules.  The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days.

Statutory reference:  G.S. 150B-21.2.

TITLE 15A – DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Notice is hereby given in accordance with G.S. 150B-21.2 that the Department of Environment and Natural Resources intends to amend the rules cited as 15A NCAC 01O .0101-.0103.

Proposed Effective Date: October 1, 2008

Public Hearing:
Date:  July 22, 2008
Time:  2:00 p.m.
Location:  2728 Capital Blvd, Room 1a201, Raleigh, NC

Reason for Proposed Action:  Amend delegation of authority

Procedure by which a person can object to the agency on a proposed rule:  Email, telephone, postal mail or in person to Terry L. Pierce, Director, Environmental Health, 2728 Capital Blvd, 1632 Mail Service Center, Raleigh, NC  27699-1632, Phone (919)733-2352, fax (919)715-3242.

Comments may be submitted to:  Terry L. Pierce, Director, Environmental Health, 2728 Capital Blvd, 1632 Mail Service Center, Raleigh, NC  27699-1632, Phone (919)733-2352, fax (919)715-3242, email terry.pierce@ncmail.net.

Comment period ends:  August 15, 2008

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721.

Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None

CHAPTER 01 DEPARTMENTAL RULES

subchapter 01o – environmental health

SectioN .0100 – delegation of authority to enforce the Commission for Public Health sanitation rules

15A NCAC 01O .0101SCOPE OF DELEGATED

AUTHORITY

No person shall act as an authorized agent of the state in enforcing the provisions of G.S. 130A and the rules of the Commission for Public Health Health, and G.S 87-87 and the rules of the Environmental Management Commission, who is not a current employee of a local health department or the North Carolina Alliance of Public Health Agencies, registered with the North Carolina State Board of Sanitarian Examiners as a Registered Sanitarian or Sanitarian Intern and authorized pursuant to these Rules.  Except as provided in Rule .0105 of this Section, an authorization shall be valid only in the county or district served by the local health department which employs the agent.  There shall be seven eight areas of authorization to enforce the provisions of G.S. 130A and the rules of the Commission for Public Health found in 15A NCAC 18A and G.S. 87-87 and the rules of the Environmental Management Commission found in 15A NCAC 02C as follows:

(1)Food, Lodging, and Institution Sanitation including the following:

(a).1000 Sanitation of Summer Camps,

(b).1300 Sanitation of Hospitals; Nursing and Rest Homes; Sanitariums, Sanitoriums; Educational and other Institutions,

(c).1500 Sanitation of Local Confinement Facilities,

(d).1600 Sanitation of Residential Care Facilities,

(e).1800 Sanitation of Lodging Establishments,

(f).2100 Rules Governing the Sanitation & Safety of Migrant Housing,

(g).2200 Sanitation of Bed and Breakfast Homes,

(h).2400 Sanitation of Public, Private, and Religious Schools,

(i).2600 Sanitation of Restaurants and Other Foodhandling Establishments,

(j).2700 Sanitation of Meat Markets, and

(k).3000 Bed and Breakfast Inns.

(2)On-Site Wastewater, including the following:

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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