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WASTEWATER L4, � ,on,
MANAGEMENT, In
Subsurface Inspection and Maintenance Agreement 1(.41 O. )
Contract Dates: 01i15i2025 01i15i2026
- -
Agreement Between:
Jarrid Lentz Apostolic Tabernacle
463 Lentz Rd 1928 West NC Hwy 10
Statesville,NC 28625 Newton,NC 28658
(Operator) (Owner)
15A NCAC 18E.1301 OPERATION AND MAINTENANCE OF WASTEWATER SYSTEMS
(a)Wastewater systems shall be operated and maintained in accordance with the conditions of the OP,PIA Approval,and the Rules of this
Section,including the manufacturer's operation and maintenance instructions,as applicable.Dispersal field repair areas shall be maintained in
accordance with the Rules of this Subchapter.(b)System management in accordance with Table XXXII shall be required for all systems installed
or repaired after July 1,1992.System management in accordance with Table XXXII shall also be required for all Type V and VI systems installed on
or before July 1,1992.(c)Wastewater systems with multiple components shall be classified by their highest or most complex system classification
type in accordance with Table XXXII to determine LHD and Management Entity responsibilities.(d)The Department shall classify wastewater
systems not identified in Table XXXII after consultation with the Water Pollution Control Systems Operators Certification Commission.(e)The site
for the wastewater system shall be accessible for monitoring,maintenance,inspection,and repair.(f)The system shall be maintained to comply
with the effluent standards specified in Table XXV of Rule.1201(a)or Rule.1002 of this Subchapter and the OP,as applicable.Influent and effluent
sampling may be required for food preparation or processing facilities,IPWW,and other systems as specified in the PIA Approval or OP.(g)The
owner may submit a written request to the LHD and Department to reduce the wastewater system effluent sampling frequency,effluent sampling
constituents,or Management Entity inspection frequency.The written request shall include documentation showing that the wastewater system is
compliant with its OP and Rule.1302(f)of this Section.(h)The replacement of a specific component,except tanks and dispersal media,by an
identical replacement component,including pipes,blowers,pumps,disinfection components,effluent filters,and control panels and
appurtenances,shall be considered maintenance.When the replacement is performed as maintenance by the Management Entity,this activity
shall be reported to the owner and LHD within 30 days of when the activity occurs.(i)All residuals shall be removed as specified in the OP,the
RWTS or PIA Approval,Rule.1303 of this Section,or as otherwise determined to be needed by the Management Entity.Residuals from the
wastewater system shall be transported and disposed of in accordance with G.S.130A,Article 9,and 15A NCAC 13B.
1. OWNER RESPONSIBILITIES -15A NCAC 18E.1303
u Any person owning or controlling the property upon which a wastewater system is installed shall be responsible for the following items
regarding the operation and maintenance of the system:(1)the wastewater system shall be operated and maintained to protect North:
Carolina ground and surface water quality standards and to prevent the following conditions:
O (A)discharge of sewage or effluent to the surface of the ground,surface waters,or into groundwater at any time;
O (B)back-up of sewage or effluent into the facility,building drains,collection system,freeboard volume of the tanks,or
distribution system;or
O (C)effluent within three inches of finished grade over one or more trenches based on two or more observations made not
less than 24 hours apart,and greater than 24 hours after a rainfall event;
(2)the system shall be considered to be malfunctioning when one or more of the conditions of Subparagraph(a)(1)of this Rule
occur or if it is necessary to remove the contents of the tank(s)at a frequency greater than once per month in order to prevent one
or more of the conditions of Subparagraph(a)(1)of the Rule.The owner shall contact the LHD when the wastewater system is
malfunctioning.If the system was permitted under an EOP or AOWE permit,the owner shall also contact the PE or AOWE when the
wastewater system is malfunctioning;(3)wastewater systems shall be Inspected,and the entire contents of all septic tank
compartments shall be removed whenever the depth of both the scum and sludge is found to be more than one-third of the liquid
depth in any compartment.The effluent filter shall be rinsed to remove accumulated solids that can cause the wastewater to back
Page 113
up into the facility or clog the system,or replaced as needed;(4)residuals from the wastewater system shall be transported and
disposed of in accordance with G.S.130A,Article 9,and 15A NCAC 13B;(5)grease traps and grease tanks shall be pumped as needed
to prevent discharge of FOG from the trap or tank to the next treatment component,but no less than yearly.Grease traps and grease
tanks shall be maintained in accordance with Rule.0803(h)of this Subchapter and the owner shall maintain a contract with a
septage management firm.All pumping records shall be maintained on-site;(6)site-specific vegetation shall be established and
maintained over the wastewater system and repair area to stabilize slope and control erosion;(7)activities that result in soil
disturbance or soil compaction shall not occur over the initial and repair dispersal field area;(8)maintaining the wastewater system
in accordance with Rule.1301(a)of this Section;and(9)turning the effluent flow diversion valve for alternating dual dispersal fields
once a year or as specified by the PE,AOWE,or authorized designer.
A contract for operation and maintenance of a wastewater system required to be maintained by a Management Entity,as specified in
Table XXXII of Rule.1301(b),shall be in effect for as long as the system is in use.A contract shall be executed between the system owner and a
Management Entity prior to the issuance of an OP,unless the system owner and Management Entity are the same.The contract shall include:
• (1)specific requirements for operation,maintenance,and associated reporting;(2)responsibilities of the owner;(3)responsibilities
of the Management Entity;(4)provisions for notification to the LHD by the owner and Management Entity upon termination of the
contract;and(5)other requirements for the continued performance of the system,as determined by the Management Entity,LHD,
and Department,as applicable.
All septic system components(risers on tanks,valve boxes,control panel,etc.)must be accessible in order to collect the necessary information
and to properly maintain the system.When visits are made and components are not
accessible,the report will indicate"not evaluated"or"not accessible"
2.MANAGEMENT ENTITY/OPERATOR RESPONSIBILITIES-15A NCAC 18E.1304
(a) When a Management Entity is required to be or to employ a certified operator as specified in Table XXXII in Rule.1301(b)of this Section,the
operator shall,at a minimum,be certified as a subsurface operator in accordance with G.S.90A,Article 3,and 15A NCAC 08G.Operators of
systems classified as Type V or VI in Table XXXII in Rule.1301(b)of this Section may be required to have additional certifications by the
Department in accordance with Rule.1301(d)of this Section and upon consultation with the Water Pollution Control Systems Operator
Certification Commission,if required by G.S.90A,Article 3.(b)The Management Entity shall inspect the wastewater system at the frequency
specified in Table XXXII in Rule.1301(b)of this Section or in accordance with the RWTS or PIA Approval.(c)The Management Entity shall provide a
copy of the inspection report,including results of the VIP with respect to compliance criteria as specified in the RWTS or PIA Approval and
effluent sampling,to the owner,LHD,and manufacturer within 30 days of the system inspection.(d)When inspections indicate the need for
system repairs,the Management Entity shall notify the LHD within 48 hours.(e)The Management Entity shall be responsible for conducting
routine maintenance procedures and monitoring requirements in accordance with the conditions of the OP and the contract.(f)The
Management Entity shall notify the LHD and the proprietary advanced pretreatment manufacturer,as applicable,when the owner or the
Management Entity chooses not to renew an operation and maintenance contract executed in accordance with this Rule.(g)The Management
Entity shall submit the inspection report to the Department centralized data management system.
3.LOCAL HEALTH DEPARTMENT RESPONSIBILITIES-15A NCAC 18E .1305
(a)No IP,CA,or OP shall be issued for Type IV,V,or VI systems,unless a Management Entity of the type specified in Table XXXII in Rule.1301(b)of
this Section is authorized and operational to carry out operation and maintenance requirements for the wastewater system as set forth in these
Rules and the OP.(b)An LHD may be the Management Entity only for systems classified Type IV,Va,Vb,Vc,Vd,Ve,Vf,and Vg and only when
authorized by the local board of health.(c)An authorized agent shall review the performance and inspection reports submitted in accordance
with Rule.1304(c)of this Section and perform an on-site compliance inspection of the systems as required in Table XXXII in Rule.1301(b)of this
Section.More frequent inspections may be performed by an authorized agent if requested by the system owner or the Management Entity,or
specified in the PIA approval or OP.(d)The LHD may provide the owner with the option for a private Management Entity,who is not the owner,to
perform the on-site compliance inspection for Type Illb and Illh systems in accordance with Table XXXII in Rule.1301(b)of this Section instead of
the LHD.The Management Entity shall provide to the owner and LHD a written compliance inspection report every five years.The report shall
document that the wastewater system is compliant with this Subchapter,the performance standards in the OP or ATO,and conditions in the OP
or the ATO.(e)The authorized agent shall issue a written notice of non-compliance to the owner when the wastewater system is not
malfunctioning in accordance with Rule.1303(a)(2)of this Section,but non-compliant with this Subchapter,the performance standards in the
OP or ATO,or conditions in the OP or the ATO.(f)The LHD shall investigate malfunctions in accordance with Rule.1306 of this Section.
4.Tenn:This Agreement shall remain in effect until terminated.
(a)Automatic Termination-This agreement shall automatically terminate if the Operation Permit for the system is revoked and all appeals of the
revocation are exhausted or the time for taking an appeal has passed.(b)Termination byMutual Consent-The Parties may mutually agree to
terminatethis Agreement by giving written noticeof termination by mutual consent to the local health department thirty(30)day in advance of
the date of termi nation.(c)Termination bythe Owner-The Owner mayte rminate this Agreement by giving notice tothe Operator and to the local
health department thirty(30)days in advance of the date of termination.(d)Termination by the Operator:(1) The Operator may terminate
this Agreement for cause by giving written notice of intentto terminate this Agreementto the Owner and to the local health department thirty
(30)days in advance of the date of termination.Cause shall be defined as:(a)Failure to remit payment for any bill for services performed
under and in accordance with this Agreement if said bill is not paid within seven(7)days of receipt by the Owner of the bill.If said bill is paid after
Page 213
notice of termination of this Agreement,but prior to the date of termination of this Agreement,this Agreement shall continue in effect;or(b)
Failure of the Owner to provide to the Operator authorization to complete needed repairs or satisfactory evidence that needed repairs to the
system were completed by another entity.If said authorization to complete needed repairs or evidence of completion of said repairs is
provided after notice of termination is given but prior to the date of termination of this Agreement,this Agreement shall continue in effect;or
(c)failure of the Owner to allow the operator such access to the system as is reasonably necessary in order for the Operator to comply with
the terms of this Agreement.(2)The Operator may not terminate this Agreement without cause,buy may assign its rights and duties under
this Agreement as provided,below:
5.Assignment: (a)Assignment by the Owner-The Property Owner shall notifythe Operator of the name and contact information of any purchaser
of the property on which the system is located.(b)Assignment by the Operator.The Operator may assign its rights and duties under the
Agreement to another management entity,which is qualified pursuant to 15 A NC Admin.Code 18E.1301 to manage this type of system upon
30 days written.Notice to the Owner and to the Local Health Department.
6.Use of Subcontractors:The Operator may subcontract with such manufacturers,suppliers and contractors as it deems desirable to perform any
of the Operator's duties under this Agreement.The Operator shall at all times remain responsible for the performance of and payment for all work
performed by all subcontractors.
7. Representatives:TheParties represent to each other that each has the power,authority and legal right to enter into and perform its obligations as
set forth in this Agreement.
8.Notice:Every notice required under this Agreement shall be in writing and shall be deemed sufficiently given if delivered in person or sent by
certified or registered mail,return receipt requested,postage prepaid to the Party to be notified and addressed as follows:
To the Owner: Apostolic Tabernacle
To the Operator: Jarrid Lentz
To the Local Health Department: Catawba County Enviornmental Health
9.Place of Agreement:This Agreement and any questions concerning its validity,the system construction or performance shall be governed by the
laws of the State of North Carolina.
10.Entire Agreement and Amendment:This Agreement supersedes all prior negotiations,agreements and understandings between the Parties
with respect to the subject matter hereof and constitutes the entire Agreement between the Parties with respect to the subject matter hereof.
To be effective,any amendment or modification to this Agreement must be in writing and must be signed by both Parties.
11. Severability:In the event that any provision of this Agreement shall,for any reason,be determined to be invalid,illegal or unenforceable in
any respect,the Parties shall negotiate in good faith and agree to such amendments,modification or supplements to this Agreement.
Maintenance visits are unscheduled.Property owner does not need to be present.Operator will send a written report to the owner and local
Environmental Health Department at the specified frequency based on system type. Maintenance contract inspections are NOT Point-of-
Sale inspections and should not be used as a replacement.
System Type: Type V-Flow Equilazation
Visit Frequency: 2 times/year
Reporting Frequency:2 times/year
Notes:
t7asOn l�111�2t-
Jason Milled May 5,202518:05 EDT) May 5, 2025
Owner's Signature Date
1r4.R.Rlb LENTZ May 6, 2025
JARRID LENTZ(May 6,2025 20:10 EDT)
Operator's Signature Date
Page 3 1 3
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