GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1304

Short Title:  Agribusiness Plant Variances.	(Public)
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Sponsors: Representative Bowman.
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Referred to:  Infrastructure.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE VARIANCES IN SOLID WASTE AND WASTE WATER DISPOSAL TO ENCOURAGE RECYCLING AND THE BENEFICIAL USE OF AGRIBUSINESS PROCESSING PLANT RESIDUES.
The General Assembly of North Carolina enacts:
Section 1.  Article 9 of Chapter 130A of the General Statutes is amended by adding a new Part to read:
“Part 4.  Variances for Agribusiness Processing Plant Residues.
"§ 130A-310.15. Definitions.
As used in this Part:  
(1)	‘Agribusiness' means food chain crops grown on farms.
(2)	‘Food chain crops' means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.
(3)	‘Farm' means the raising or harvesting of any agricultural, aquacultural, silvicultural or horticultural commodity through the cultivation of the soil, or the raising, shearing, feeding, caring for, training, or management of fish, trees, livestock, bees, poultry, fur-bearing animals, or wildlife.
(4)	‘Food processing waste' means waste resulting solely from the processing of crops and related food products.  Food processing waste includes, but is not limited to:
a.	Vegetative residues that are recognizable as part of a plant, fruit or vegetable, such as corn husks, cabbage leaves, grape and apple pomace, bean snips, and carrot, tomato, and potato skins; or
b.	Any solid, semi-solid or liquid food sludge or residue that is nonrecognizable but identifiable by analysis or is certified as solely a byproduct of plant, fruit, vegetable, aquaculture, seafood, meat, poultry or dairy processing, such as milk and cheese whey, brewery and winery waste, and byproducts from canned, frozen, or preserved fruit and vegetable processing operations.
(5)	‘Food Processing' includes receiving, storage, and processing operations including the screening, separation, pretreatment and treatment of all product residue, peeling and wastewater streams prior to discharge to POTWs or the State's waters.
(6)	‘POTW' means publicly owned treatment works.
(7)	‘Agribusiness residues and byproducts' means the waste resulting solely from agribusiness processing that does not include any domestic sewerage.
"§ 130A-310.16.  Legislative findings.
(a)	The General Assembly finds:
(1)	The residues from agribusiness processing plants are uniquely different than sewer sludges from municipal treatment plants and from any other industrial sources.  Classification of agribusiness residues such as those from food processing activities as sewage sludges may prevent their use as food for animals, fertilizers and soil amendments, and other beneficial uses.  These residues are bits and pieces of agricultural products that contain no domestic waste and are both safe and biodegradable.
(2)	Agribusiness processing plant residues do not contain any domestic sewerage residues; therefore, the application of these agribusiness residues is not addressed by any existing statutes or regulations issued to govern the disposal of sewerage sludge.
(3)	North Carolina confronts a crisis in solid waste management due to the shortage of landfill space, stricter federal regulations, and the potential threat of landfills to the groundwaters of this State.
(4)	North Carolina confronts a crisis in POTW management including nutrient sensitive designations for our surface waters, stricter federal regulations to protect all drinking water sources, and the requirement that Pretreatment Programs be implemented requiring more waste reductions by all industries.  For industries to comply with these more stringent regulations, the implementation of waste reduction/recovery/reuse technologies including the recovery of residues and byproducts must be increased.
(5)	The interests of the State are inextricably connected to the proper voluntary management of waste by industry, local governments and our citizens.  It is in the best interests of the State to develop State policy and programs that assist in efforts to recycle and make the maximum beneficial use of all our resources.
"§ 130A-310.17.  Declaration of policy.
The policy of the State is to promote alternative byproduct and residue management methods that reduce or eliminate landfill disposal or costly treatment alternatives for assisting local governments.
"§ 130A-310.18.  Variances regarding wastewater pretreatment and treatment facilities.
The Department of Human Resources and the Department of Natural Resources and Community Development shall develop variances from current rules and regulations, including the rules regarding permitting wastewater pretreatment and treatment facilities, based on the unique differences that exist in these agribusiness processing plant residues.  The following variances shall be made regarding agribusiness residues:
(1)	Agribusiness plant byproducts and residues may be applied to the soil or injected into the soil.
(2)	The applications may be made only if used as a fertilizer or soil conditioner, in normal farming operations, or in any land or forest management operation requiring the use of fertilizer or soil conditioners.
(3)	The applications must be made under the best  agricultural, silvicultural, or maricultural management practices or controlled by the rules and regulations of North Carolina for feeds, fertilizers or soil.
(4)	Agribusiness residues may also be used as animal feed or feed supplements where approved by the Department of Agriculture.
"§ 130A-310.19. Required management practices.
(a)	Nonrecognizable agribusiness processing residues may be applied to the surface of the soil or injected into the soil, provided the following conditions are satisfied:
(1)	The site is developed, operated, and maintained in a safe, nuisance-free manner;
(2)	The residues are used in normal agricultural or horticultural operations and the land application is conducted according to the best agricultural management practices;
(3)	Written notice is provided to the Department prior to applying the residue to the surface of the soil.  The notice must include the location of all proposed application sites; the quantity of byproducts or residues expected to be applied to the land; and the anticipated rate of application in tons per acre based on dry weight.  Notice for land application facilities must be made by the landowner, his delegated representative through a power of attorney, the generator of the residue, or the applicator of the residue;
(4)	The residues must clearly benefit the soil or crop by providing a source of nutrients or by adjusting the pH level of the soil;
(5)	The loading rates must be appropriate for the nutrient needs of the crops to be grown; and
(6)	The residues must contain no domestic sewage, sewage sludge, or septage.
These agribusiness byproducts and residues may include, but are not limited to, food processing waste.
The actual loading rates for the site must be maintained by the farmer and applicator."
Sec. 2.  This act shall become effective October 1, 1989.