GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 1227*
Committee Substitute Favorable 6/6/96

Short Title:  Animal Waste Comm. Recommendations.	(Public)

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Sponsors:

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Referred to:  

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May 17, 1996

A BILL TO BE ENTITLED
AN ACT TO PROVIDE A COMPREHENSIVE REGULATORY PROGRAM FOR THE SITING AND PERMITTING OF INTENSIVE ANIMAL AGRICULTURE OPERATIONS AND THE TRAINING AND CERTIFICATION OF PERSONS OPERATING ANIMAL WASTE MANAGEMENT SYSTEMS.
The General Assembly of North Carolina enacts:
PART I.  PERMITS/INSPECTIONS/FEES FOR ANIMAL WASTE
MANAGEMENT SYSTEMS.
Section 1.  G.S. 143-215.1(a) reads as  rewritten:
"(a)	Activities for Which Permits Required. – No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit:
(1)	Make any outlets into the waters of the State.
(2)	Construct or operate any sewer system, treatment works, or disposal system within the State.
(3)	Alter, extend, or change the construction or method of operation of any sewer system, treatment works, or disposal system within the State.
(4)	Increase the quantity of waste discharged through any outlet or processed in any treatment works or disposal system to any extent that would result in any violation of the effluent standards or limitations established for any point source or that would adversely affect the condition of the receiving waters to the extent of violating any applicable standards.
(5)	Change the nature of the waste discharged through any disposal system in any way that would exceed the effluent standards or limitations established for any point source or that would adversely affect the condition of the receiving waters in relation to any applicable standards.
(6)	Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article.
(7)	Cause or permit any wastes for which pretreatment is required by pretreatment standards to be discharged, directly or indirectly, from a pretreatment facility to any disposal system or to alter, extend or change the construction or method of operation or increase the quantity or change the nature of the waste discharged from or processed in that facility.
(8)	Enter into a contract for the construction and installation of any outlet, sewer system, treatment works, pretreatment facility or disposal system or for the alteration or extension of any such facilities.
(9)	Dispose of sludge resulting from the operation of a treatment works, including the removal of in-place sewage sludge from one location and its deposit at another location, consistent with the requirement of the Resource Conservation and Recovery Act and regulations promulgated pursuant thereto.
(10)	Cause or permit any pollutant to enter into a defined managed area of the State's waters for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals.
(11)	Cause or permit discharges regulated under G.S. 143-214.7 that result in water pollution.
(12)	Subject to the provisions of G.S. 143-215.1B, construct or operate an animal waste management system.
In the event that both effluent standards or limitations and classifications and water quality standards are applicable to any point source or sources and to the waters to which they discharge, the more stringent among the standards established by the Commission shall be applicable and controlling.
In connection with the above, no such permit shall be granted for the disposal of waste in waters classified as sources of public water supply where the head of the agency which administers the public water supply program pursuant to Article 10 of Chapter 130A of the General Statutes, after review of the plans and specifications for the proposed disposal facility, determines and advises the Commission that such disposal is sufficiently close to the intake works or proposed intake works of a public water supply as to have an adverse effect on the public health.
In any case where the Commission denies a permit, it shall state in writing the reason for such denial and shall also state the Commission's estimate of the changes in the applicant's proposed activities or plans which will be required in order that the applicant may obtain a permit."
Sec. 2.  (a)	Part 1 of Article 21 of Chapter 143 of the General Statutes is amended by adding two new sections to read:
"§ 143-215.1B.  Animal waste management systems; permit requirements.
(a)	The Commission shall develop a system of permits for animal waste management systems as defined by this section.  The permit system shall consist of one general permit for each animal species; swine, poultry, horses, sheep, and cattle.  The Commission may require an individual permit for an animal waste management system in substantial violation of the conditions of its general permit.
(b)	No person shall construct or operate an animal waste management system that satisfies any one of the following unless that person has applied for and obtained a permit from the Department:
(1)	The system is designed for or actually serves at least 100 head of cattle.
(2)	The system is designed for or actually serves at least 75 horses.
(3)	The system is designed for or actually serves at least 250 swine.
(4)	The system is designed for or actually serves at least 1,000 sheep.
(5)	The system is designed for or actually serves at least 30,000 birds with a liquid animal waste management system.
(c)	The Department shall not issue a permit for an animal waste management system under subsection (b) of this section unless the applicant has obtained an animal waste management plan that a technical specialist has certified meets the applicable minimum standards and specifications.
(d)	Animal waste management plans shall include all of the following components:
(1)	A checklist of potential odor sources and a choice of site-specific, cost-effective remedial best management practices to minimize those sources.
(2)	A checklist of potential insect sources and a choice of site-specific, cost-effective best management practices to minimize insect problems.
(3)	Provisions that set forth acceptable methods of disposing of mortalities.
(4)	Provisions regarding best management practices for riparian buffers or equivalent controls, particularly along perennial streams.
(5)	Provisions regarding the use of emergency spillways and site-specific emergency management  plans that set forth operating procedures to follow during emergencies in order to minimize the risk of environmental damage.
(6)	Provisions regarding periodic testing of waste products used as nutrient sources as close to the time of application as practical and at least within 60 days of the date of application and periodic testing, at least annually, of soils at crop sites where the waste products are applied.  Nitrogen shall be the rate-determining element.  Zinc and copper levels in the soils shall be monitored, and alternative crop sites shall be used when these metals approach excess levels.
(7)	Provisions regarding waste utilization plans that assure a balance between nitrogen application rates and nitrogen crop requirements, that assure that lime is applied to maintain pH in the optimum range for crop production, and that include corrective action, including revisions to the waste utilization plan based on data of crop yields and crop analysis, that will be taken if this balance is not achieved as determined by testing conducted pursuant to subdivision (6) of this subsection.
(8)	Provisions regarding the completion and maintenance of records on forms developed by the Department, which records shall include information addressed in subdivisions (6) and (7) of this subsection, including the dates and rates that waste products are applied to soils at crop sites, and shall be made available upon request by the Department.
(e)	Except as provided in subsection (f) of this section, animal waste management systems that are designed for and actually serve less than the numbers of animals listed in subdivisions (1) through (4) of subsection (b) of this section and all other animal waste management systems shall be deemed permitted and are not required to have an animal waste management plan.
(f)	Dry litter animal waste management systems that are designed or actually serve at least 30,000 birds shall be deemed permitted.  No later than December 31, 1999, any operator of this type of system shall develop an animal waste management plan that complies with record-keeping requirements under subdivision (8) of subsection (d) of this section.  Any operator of this type of system shall retain records required under this section and by the Department on-site for three years.
(g)	The Department may enforce the animal waste management plan under subsection (c) of this section in the same manner as it enforces a condition of a permit.  The Department shall permanently revoke the permit for any animal waste management system owned by a person who is assessed three penalties within a three-year period for a willful discharge of animal waste.  The operation shall cease operation pending appeal of these assessments.
(h)	Animal waste management systems designed to serve or actually serving at least 100 head of cattle, 75 horses, 250 swine, or 30,000 birds with a liquid animal waste management system shall have an operations review on an annual basis by technical specialists of any of the following agencies: (i) North Carolina Soil and Water Conservation Districts or federal Natural Resources Conservation Service; (ii) Cooperative Extension Service; or (iii) North Carolina Department of Agriculture.  During the operations review, if a technical specialist observes any of the following major violations, the technical specialist shall immediately notify the Division of Environmental Management for immediate action:
(1)	Use of a straight pipe discharging animal waste directly into a water body;
(2)	Any major deterioration or leaks in a lagoon system;
(3)	Overspraying animal waste where runoff is visibly entering a blue-line stream as identified on a U.S.G.S. map; or
(4)	Any discharge that visibly bypasses a lagoon system.
If a technical specialist observes any other violation that does not pose an immediate threat to the environment, the animal operation shall be given oral advice on corrective action needed, including technical assistance if requested.  The animal operation shall be reinspected no later than 30 days following the original operations review to verify that the animal operation is in compliance with all permit requirements.  If, upon reinspection, the operation has not made a good faith effort to comply with permit requirements, the technical specialist shall issue a written report of corrective actions required to the operator, with a copy filed in the District Soil and Water Conservation Office.  The animal operation shall be reinspected no later than 30 days after the written report has been issued, and the technical specialist shall verify that the animal operation is in compliance with all permit requirements.  If the animal operation is not in compliance, the technical specialist shall report the noncompliance, including recommended corrective action to the Division of Environmental Management within five days.
(i)	As used in this section:
(1)	'Animal waste' means livestock or poultry excreta or a mixture of excreta with feed, bedding, litter, or other materials.
(2)	'Animal waste management system' means a combination of structural and nonstructural practices serving a feedlot that provide for the proper collection, treatment, storage, or application of animal waste to the land such that no discharge of pollutants occurs to surface waters of the State by any means except as a result of chronic rainfall or a storm event more severe than the 25-year, 24-hour storm.
(3)	'Deemed permitted' means that a facility is considered as having a permit under this section and being in compliance with the permitting requirements of G.S. 143-215.1(a) even though it has not received a general or an individual permit for its construction or operation.
(4)	'Feedlot' means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which animal waste may accumulate or where the concentration of animals is such that an established vegetative cover cannot be maintained.  The confinement period must be for at least 45 days out of a 12-month period and not necessarily consecutive days.  Pastures shall not be considered feedlots for the purposes of this section.
(5)	'Technical specialist' means an individual designated by the Soil and Water Conservation Commission, pursuant to rules adopted by that Commission, to certify animal waste management plans.
"§ 143-215.1C.  Written notice of swine farms.
(a)	Any person who intends to construct a swine farm whose animal waste management system is subject to a permit under G.S. 143-215.1B(a) shall, after completing a site evaluation and before the farm site is modified, attempt to notify all adjoining property owners and all property owners who own property located across a public road, street, or highway from the swine farm of that person's intent to construct the swine farm.  This notice shall be by certified mail sent to the address on record at the property tax office in the county in which the land is located.  The written notice shall include all of the following:
(1)	The name and address of the person intending to construct a swine farm.
(2)	The type of swine farm and the design capacity of the animal waste management system.
(3)	The name and address of the technical specialist preparing the waste management plan.
(4)	The address of the local Soil and Water Conservation District Office.
(5)	Information informing the adjoining property owners and the property owners who own property located across a public road, street, or highway from the swine farm that they may submit written comments to the Division of Environmental Management, Department of Environment, Health, and Natural Resources.
(b)	As used in this section, 'site evaluation' is defined in G.S. 106-802."
(b)	  Subsection (a) of this section does not repeal any rules that do not conflict with the provisions of that section.
Sec. 3.  Part 1 of Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-215.3D.  Fees for animal waste management systems.
(a)	The Department shall have the authority to impose fees for the costs of permitting and conducting annual operations reviews of animal waste management systems as follows:
(1)	For each animal waste management system with a design capacity of at least 38,500 pounds steady state live weight and less than 100,000 pounds steady state live weight, an annual fee not to exceed fifty dollars ($50.00).
(2)	For each animal waste management system with a design capacity of at least 100,000 pounds steady state live weight and less than 800,000 pounds steady state live weight, an annual fee not to exceed one hundred dollars ($100.00).
(3)	For each animal waste management system with a design capacity of greater than or equal to 800,000 pounds steady state live weight, an annual fee not to exceed two hundred dollars ($200.00).
(b)	The total monies collected each year from fees under this section shall not exceed forty percent (40%) of the total budgets from all sources of permitting and compliance programs for animal waste management systems within the Department."
PART II.  DUTIES OF STATE AGENCIES.
Sec. 4.  (a)	The Environmental Management Commission shall design and, no later than October 1, 1996, begin to implement a system of general permits for animal waste management systems, as defined in G.S. 143-215.1B, as enacted by Section 2 of this act.  This system of permits shall be consistent with the provisions of Section 2 of this act.  This system of permits shall provide for the issuance of one type of general permit for each type of species: swine, poultry, horses, sheep, and cattle.  Individual permits may be required for those animal waste management systems found to be in substantial violation of the conditions of their general permit.
(b)	The Department of Environment, Health, and Natural Resources shall develop a systematic monitoring and inspection program for animal waste management systems consistent with the provisions of G.S. 143-215.1B(h) as enacted by Section 2 of this act.
(c)	By no later than January 1, 1997, the Department of Environment, Health, and Natural Resources will evaluate the animal waste permitting, inspection, and enforcement program established pursuant to subsections (a) and (b) of this section and make a recommendation to the 1997 Session of the General Assembly on the following options:
(1)	Whether to maintain the approach outlined in subsections (a) and (b) of this section.
(2)	Whether to transfer frontline responsibility for conducting annual compliance inspections to the Division of Soil and Water Conservation; under this option the Division of Environmental Management would only conduct follow-up inspections after being notified of a potential problem.  The Division of Environmental Management would retain permitting and enforcement responsibilities.
(3)	Whether to transfer all animal waste permitting, inspection, and enforcement duties to the Division of Soil and Water Conservation, thereby establishing a single agency within the Department of Environment, Health, and Natural Resources to oversee animal waste systems.
Sec. 5.  No later than October 1, 1996, the Environmental Management Commission shall implement the provisions of G.S. 143-215.1B(d)(1) through (8), as enacted by Section 2 of this act and define the term "chronic rainfall" as used in G.S. 143-215.1B(h)(2), as enacted by Section 2 of this act.  No later than October 1, 1996, the Environmental Management Commission shall review the meaning of "no discharge of pollutants" as used in G.S. 143-215.1B(h)(2), as enacted by Section 2 of this act; determine whether this no discharge requirement is a performance standard or a technology standard; and clarify the meaning of "no discharge" such that the no discharge requirement for animal waste management systems is economically practical and technologically achieveable.
Sec. 6.  No later than September 1, 1996, the Soil and Water Conservation Commission shall specify odor control best management practices, insect control best management practices, and best management practices for riparian buffers or equivalent controls consistent with the provisions of G.S. 143-215.1B(d)(1), (2), and (4), as enacted by Section 2 of this act.
Sec. 7.  No later than October 1, 1996, the Environmental Management Commission and the Soil and Water Conservation Commission, with technical assistance from the Cooperative Extension Service, shall establish the record-keeping requirements under G.S. 143-215.1B(d)(8), as enacted by Section 2 of this act.  The Natural Resources Conservation Service is encouraged to cooperate fully with establishing these requirements.
Sec. 8.  (a) A technical advisory group is created to provide advice and assistance to the Environmental Management Commission and the Soil and Water Conservation Commission and to:
(1)	Address questions from technical specialists and provide uniform interpretations to technical specialists regarding the requirements of the animal waste management rules.
(2)	Publish its decisions on these questions on a regular and recurring basis.
(3)	Provide uniform strategies for operators of animal waste management systems to meet the December 31, 1997, deadline to obtain an approved animal waste management plan.
(4)	Develop, no later than August 1, 1996, a standard for the use of riparian buffers or equivalent controls as best management practices, particularly along perennial streams; decide whether a uniform State standard, a uniform basinwide standard, or a site-specific standard best protects water quality; and submit the standard that the group decides upon to the Soil and Water Conservation Commission for adoption in developing best management practices for riparian buffers and equivalent controls under Section 6 of this act.
(b)	The technical advisory group shall consist of:
(1)	Two representatives from the Division of Soil and Water Conservation and the Division of Environmental Management to be appointed by the Secretary of the Department of Environment, Health, and Natural Resources;
(2)	Two representative from the Department of Agriculture to be appointed by the Commissioner of Agriculture;
(3)	Two representatives from the Cooperative Extension Service to be appointed by the Director of the Cooperative Extension Service; and
(4)	One representative each from the swine, poultry, and dairy industries to be appointed by the Commissioner of Agriculture.
The General Assembly encourages the Natural Resources Conservation Service, United States Department of Agriculture, to provide two representatives from its agency to participate fully as members of the technical advisory group.  The technical advisory group shall remain in existence until such time after December 31, 1997, that the Secretary of Environment, Health, and Natural Resources determines the interagency group is no longer needed to resolve issues related to certifying animal waste management plans.
PART III.  ADDITIONAL ENFORCEMENT PROVISIONS.
Sec. 9.  (a)	G.S. 143-215.2(a) reads as rewritten:
"(a)	Issuance. – The Commission is hereby empowered, after the effective date of classifications, standards and limitations adopted pursuant to G.S. 143-214.1 or G.S. 143-215, or a water supply watershed management requirement adopted pursuant to G.S. 143-214.5, to issue (and from time to time to modify or revoke) a special order, or other appropriate instrument, to any person whom it finds responsible for causing or contributing to any pollution of the waters of the State within the area for which standards have been established.  Such an order or instrument may direct such person to take, or refrain from taking such action, or to achieve such results, within a period of time specified by such special order, as the Commission deems necessary and feasible in order to alleviate or eliminate such pollution.  The Commission is authorized to enter into consent special orders, assurances of voluntary compliance or other similar documents by agreement with the person responsible for pollution of the water, subject to the provisions of subsection (a1) of this section regarding proposed orders, and such consent order, when entered into by the Commission after public review, shall have the same force and effect as a special order of the Commission issued pursuant to hearing.  "
(b)	Nothing in G.S. 143-215.2(a) shall be construed as affecting the provisions of Article 57 of Chapter 106 of the General Statutes.
Sec. 10.  G.S. 143-215(e) reads as rewritten:
"(e)	Except as required by federal law or regulations, the Commission may not adopt effluent standards or limitations applicable to animal and poultry feeding operations. Notwithstanding the foregoing, where manmade pipes, ditches, or other conveyances have been constructed for the purpose of willfully discharging pollutants to the waters of the State, the Secretary shall have the authority to assess fines and penalties not to exceed ten thousand dollars ($10,000) for the first offense. The definitions and provisions of 40 Code of Federal Regulations § 122.23 (July 1, 1990 Edition) shall apply to this subsection."
PART IV.  TRAINING REQUIREMENTS FOR THE LAND
APPLICATION OF WASTE.
Sec. 11.  Part 9A of Article 21 of Chapter 143 of the General Statutes is repealed.
Sec. 12.  G.S. 143B-301(a) reads as rewritten:
"(a)	The Water Pollution Control System Operators Certification Commission shall consist of 11 members.  Two members shall be from the animal agriculture industry and shall be appointed by the Commissioner of Agriculture. Nine members shall be appointed by the Secretary of Environment, Health, and Natural Resources with the approval of the Environmental Management Commission with the following qualifications:
(1)	Two members shall be currently employed as water pollution control facility operators, water pollution control system superintendents or directors, water and sewer superintendents or directors, or equivalent positions with a North Carolina municipality;
(2)	One member shall be manager of a North Carolina municipality having a population of more than 10,000 as of the most recent federal census;
(3)	One member shall be manager of a North Carolina municipality having a population of less than 10,000 as of the most recent federal census;
(4)	One member shall be employed by a private industry and shall be responsible for supervising the treatment or pretreatment of industrial wastewater;
(5)	One member who is a faculty member of a four-year college or university and whose major field is related to wastewater treatment;
(6)	One member who is employed by the Department of Environment, Health, and Natural Resources and works in the field of water pollution control, who shall serve as Chairman of the Commission;
(7)	One member who is employed by a commercial water pollution control system operating firm; and
(8)	One member shall be currently employed as a water pollution control system collection operator, superintendent, director, or equivalent position with a North Carolina municipality."
Sec. 13.  Existing Article 3 of Chapter 90A of the General Statutes shall be designated Part 1 of that Article, to be entitled "Certification of Water Pollution Control System Operators", and is amended by adding a new Part 2 to read:
"Part 2.  Certification of Animal Waste Management System Operators.
"§ 90A-47.  Purpose.
The purpose of this Part is to reduce nonpoint source pollution in order to protect the public health and to conserve and protect the quality of the State's water resources, to encourage the development and improvement of the State's agricultural land for the production of food and other agricultural products, and to require the examination of animal waste management system operators and certification of their competency to operate or supervise the operation of those systems.
"§ 90A-47.1.  Definitions.
As used in this Part:
(1)	'Animal waste' means liquid residuals resulting from the raising of swine that are collected, treated, stored, or applied to the land through an animal waste management system.
(2)	'Animal waste management system' is defined in G.S. 143-215.1B.
(3)	'Application' means laying, spreading on, irrigating, or injecting animal waste onto land.
(4)	'Owner' means the person who owns or controls the land used for agricultural purposes or the person's lessee or designee.
(5)	'Operator in charge' means a person who holds a currently valid certificate to operate an animal waste management system and who has primary responsibility for the operation of the system.
(6)	'Swine production facility' means a facility for the housing and raising of swine designed to serve, and actually serving, more than 250 swine.
"§ 90A-47.2.  Certified operator required; qualifications for certification.
(a)	After December 31, 1997, no owner or other person in control of a swine production facility having an animal waste management system shall allow the system to be operated by a person who does not hold a valid certificate as an animal waste management system operator issued by the Commission. After December 31, 1997, no person shall perform the duties of an animal waste management system operator without being certified under the provisions of this Part.  Certifications that were issued for animal waste management system operators under Part 9A of Article 21 of Chapter 143 of the General Statutes shall, subject to the provisions of this Part, continue in full force and effect.
(b)	The owner or other person in control of a swine production facility may contract with a certified animal waste  management system operator to provide for the operation of the animal waste management system at that facility.  The Commission may adopt rules requiring that any certified animal waste management system operator contracting with one or more owners or other persons in control of a swine production facility file an annual report with the Commission as to the operations of each system at which the operator's services are provided.
"§ 90A-47.3.  Qualifications for certification; training; examination.
(a)	The Commission, in cooperation with the Division of Environmental Management, Department of Environment, Health, and Natural Resources, and the Cooperative Extension Service, shall develop and administer a program of training for animal waste management system operators.  The educational program shall not exceed 12 hours of instruction.  Training materials shall be user-friendly and shall take into account the educational level of the applicants.
(b)	The Commission shall develop procedures for the receipt of applications for certification and investigation of the qualifications of applicants. The Commission shall develop the examination for certification and make provisions for alternate testing methods for persons with reading or learning difficulties.
(c)	The examination shall be conducted by the Cooperative Extension Service.  Alternate testing methods developed by the Commission shall be used by the Cooperative Extension Service upon the written request of the examinee.  The Cooperative Extension Service shall promptly forward the completed examinations to the Commission for scoring.  The Commission shall notify the examinees of their test scores within 10 days of their receipt from the Cooperative Extension Service.
(d)	The Commission shall issue a certificate as an operator in charge for each person who completes the training program established in subsection (a) of this section, demonstrates the operator's competence in the operation of animal waste management systems by passing an appropriate exam, and pays the required fee.
"§ 90A-47.4.  Fees; certificate renewals.
(a)	An applicant for certification under this Part shall pay a fee of ten dollars ($10.00) for the examination and the certificate.
(b)	The certificate shall be renewed annually upon payment of a renewal fee of ten dollars ($10.00).  A certificate holder who fails to renew the certificate and pay the renewal fee within 30 days of its expiration shall be required to take and pass the examination for certification in order to renew the certificate.
"§ 90A-47.5.  Suspension; revocation of certificate.
The Commission, in accordance with the provisions of Chapter 150B of the General Statutes, may suspend or revoke the certificate of any operator found to:
(1)	Have practiced fraud or deception in obtaining certification;
(2)	Have failed to exercise reasonable care, judgement, or the application of the operator's knowledge and ability in the performance of the duties of an operator in charge; or
(3)	Is incompetent or otherwise unable to properly perform the duties of an operator in charge.
In addition to revocation of a certificate, the Commission may levy a civil penalty, not to exceed one thousand dollars ($1,000) per violation, for willful violation of the requirements of this Part.
"§ 90A-47.6.  Rules.
The Commission shall adopt rules to implement the provisions of this Part."
Sec. 14.  The title of Article 3 of Chapter 90A of the General Statutes reads as rewritten:
" Certifications Issued by the Water Pollution Control System Operators Certification Commission."
PART V.  CLARIFICATION OF THE SWINE FARM SITING ACT.
Sec. 15.  Article 67 of Chapter 106 of the General Statutes reads as rewritten:
"ARTICLE 67.
"Swine Farms.
"§ 106-800.  Title.
This Article shall be known as the 'Swine Farm Siting Act'.
"§ 106-801.  Purpose.
The General Assembly finds that certain limitations on the siting of swine houses and lagoons for swine farms can assist in the development of pork production, which contributes to the economic development of the State, by lessening the interference with the use and enjoyment of adjoining property.
"§ 106-802.  Definitions.
As used in this Article, unless the context clearly requires otherwise:
(1)	'Lagoon' means a confined body of water to hold animal byproducts including bodily waste from animals or a mixture of waste with feed, bedding, litter or other agricultural materials.
(2)	
(3)	'Occupied residence' means a dwelling actually inhabited by a person on a continuous basis as exemplified by a person living in his or her home.
(4)	'Site evaluation' means an investigation to determine if a site meets all federal and State standards as evidenced by the Waste Management Facility Site Evaluation Report on file with the Soil and Water Conservation District office or a comparable report certified by a professional engineer or a comparable report certified by a technical specialist approved by the North Carolina Soil and Water Conservation Commission.
(5)	'Swine farm' means a tract of land devoted to raising 250 or more animals of the porcine species.
(6)	'Swine house' means a building that shelters porcine animals on a continuous basis. 
"§ 106-803. Siting requirements for swine houses, lagoons, and land areas onto which waste is applied at swine farms.
(a)	A swine house or a lagoon that is a component of a swine farm shall be located at least 1,500 feet from any occupied residence; at least 2,500 feet from any school, hospital, or church; and at least 100 feet from any property boundary. The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any boundary of property on which an occupied residence is located and from any perennial stream or river, other than an irrigation ditch or canal.
(b)	A swine house or a lagoon that is a component of a swine farm may be located closer to a residence, school, hospital, church, or a property boundary than is allowed under subsection (a) of this section if written permission is given by the owner of the property and recorded with the Register of Deeds.
"§ 106-804.  Enforcement.
(a)	Any person owning property directly affected by the siting requirements of G.S. 106-803 pursuant to subsection (b) of this section may bring a civil action against a swine farmer who has violated G.S. 106-803 and may seek any one or more of the following:
(1)	Injunctive relief.
(2)	An order enforcing the siting requirements under G.S. 106-803.
(3)	Damages caused by the violation.
(b)	A person is directly affected by the siting requirements of G.S. 106-803 only if the person owns:
(1)	An occupied residence located less than 1,500 feet from a swine house or lagoon in violation of G.S. 106-803.
(2)	A school, hospital, or church located less than 2,500 feet from a swine house or lagoon in violation of G.S. 106-803.
(3)	Property whose boundary is located less than 100 feet from a swine house or lagoon in violation of G.S. 106-803.
(4)	Property on which an occupied residence is located and whose boundary is less than 50 feet from the outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm in violation of G.S. 106-803.
(5)	Property that abuts a perennial stream or river, or on which a perennial stream or river is located, and that property and that perennial stream or river are less than 50 feet from the outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm in violation of G.S. 106-803.
(c)	If the court determines it is appropriate, the court may award court costs, including reasonable attorneys' fees and expert witness' fees, to any party.  If a temporary restraining order or preliminary injunction is sought, the court may require the filing of a bond or equivalent security.  The court shall determine the amount of the bond or security.
(d)	Nothing in this section shall restrict any other right that any person may have under any statute or common law to seek injunctive or other relief."
Sec. 16.  Section 2 of Chapter 420 of the 1995 Session Laws reads as rewritten:
"Sec. 2.  This act becomes effective October 1, 1995.  This act applies to the construction or enlargement, on or after October 1, 1995, of swine houses, lagoons, and land areas onto which waste is applied from a lagoon that are components of a swine farm.  This act does not apply under each of the following circumstances:
(1)	When the construction or enlargement occurs on or after October 1, 1995, for the purpose of increasing the swine population to that set forth as the projected population in a registration of the swine operation filed with the Department of Environment, Health, and Natural Resources before October 1, 1995.
(2)	When the construction or enlargement occurs on or after October 1, 1995, for the purpose of increasing the swine population to the population that the animal waste management system is designed to accommodate as that system is set forth in a registration of the swine operation filed with the Department of Environment, Health, and Natural Resources before October 1, 1995, or as that system is set forth in an animal waste management plan approved before October 1, 1995.
(3)	When the construction or enlargement occurs on or after October 1, 1995, for the purpose of complying with applicable animal waste management rules and not for the purpose of increasing the swine population."
Sec. 17.  It is the intent of the General Assembly that Sections 15 and 16 of this act, other than new G.S. 106-804, as enacted in Section 15 of this act, clarify ambiguous language in the Swine Farm Siting Act, as enacted by Chapter 420 of the 1995 Session Laws, and do not change the intent of that act. 
PART VI.  MISCELLANEOUS PROVISIONS.
Sec. 18.  G.S. 143-215.74(b)(5) reads as rewritten:
"(5)	Funding may be provided to assist practices including conservation tillage, diversions, filter strips, field borders, critical area plantings, sediment control structures, sod-based rotations, grassed waterways, strip-cropping, terraces, cropland conversion to permanent vegetation, grade control structures, water control structures, emergency spillways, riparian buffers or equivalent controls, odor control best management practices, insect control best management practices, and animal waste managements systems and application.  Funding for animal waste management shall be allocated for practices in river basins such that the funds will have the greatest impact in improving water quality."
Sec. 19.  ¨G.S. 143-215.74(b)(6) reads as rewritten:
"(6)	State funding shall be limited to seventy-five percent (75%) of the average cost for each practice with the assisted farmer providing twenty-five percent (25%) of the cost (which may include in-kind support) with a maximum of seventy-five thousand dollars ($75,000) total to each applicant."
Sec. 20.  (a) By September 1, 1996, all operators of animal waste management systems, as defined in G.S. 143-215.1B(h), as enacted by Section 2 of this act, shall contact their local Soil and Water Conservation District office and initiate the process to obtain an approved animal waste management plan pursuant to 15A N.C.A.C. 2H.0217.  Operators who meet this September 1, 1996, deadline shall be placed on a list to receive high priority for technical assistance.  Operators who do not meet this deadline are not assured of receiving technical assistance before December 31, 1997.
(b)	The Environmental Management Commission may enter into special agreements or contracts with operators who register by the September 1, 1996, deadline under subsection (a) of this section and make a good faith effort to obtain an approved animal waste management plan by December 31, 1997.  The Environmental Management Commission shall not issue a notice of violation of 15A N.C.A.C. 2H.0217 to these operators. The special agreement or contract shall set forth a schedule for an operator to follow to obtain an approved animal waste management plan.
(c)	The Environmental Management Commission shall strictly enforce the penalties available against those operators who fail to comply with subsection (a) of this section or otherwise fail to make a good faith effort to obtain an approved animal waste management plan by December 31, 1997.
(d)	The board of each Soil and Water Conservation District shall develop a strategy to help the operators of animal waste management systems in its district obtain approved animal waste management plans by December 31, 1997.
Sec. 21.  The Division of Environmental Management, Department of Environment, Health, and Natural Resources, shall, as a matter of State policy, encourage the development of alternative animal waste treatment and disposal technologies, shall provide incentives to operators of animal waste management systems to participate in the evaluation of new and innovative waste management technologies, and shall ensure that the regulatory process does not limit the use of innovative technologies and that the evaluation of these technologies is made in a timely manner.   
Sec. 22.  The Legislative Research Commission may study the provision of tax credits against income taxes for the installation of innovative technology to control odors from livestock operations and the installation of innovative, alternative animal waste management systems to enhance water quality protection.
PART VII.  EFFECTIVE DATES.
Sec. 23.  (a)	Section 1 of this act becomes effective January 1, 1998.
(b)	G.S. 143-215.1B(i), as enacted by Section 2 of this act, is effective upon ratification.  G.S. 143-215.1B(d)(1), (2), (3), (6), (7), and (8), as enacted by Section 2 of this act, become effective September 1, 1996, and apply to all animal waste management systems for which an approved animal waste management plan is obtained on or after that date and apply to all other animal waste management systems as of January 1, 1998.  G.S. 143-215.1B(d)(4) and (5), as enacted by Section 2 of this act, become effective September 1, 1996, and apply to all animal waste management systems that are constructed or expanded beyond their design capacity on or after that date.  G.S. 143-215.1B(f), as enacted by Section 2 of this act, becomes effective December 31, 1997, except the record-keeping requirements of the last sentence of that subsection become effective October 1, 1996.  G.S. 143-215.1B(h) and G.S. 143-215.1C, as enacted by Section 2 of this act, and Section 3 of this act become effective October 1, 1996, and G.S. 143-215.1C applies to any new swine farm constructed on or after that date and to any existing swine farm that expands its animal waste management system beyond design capacity on or after that date.  The remainder of Section 2 of this act becomes effective January 1, 1998, and applies to all animal waste management systems. 
(c)	Section 18 of this act becomes effective July 1, 1996.  The remaining sections of this act are effective upon ratification.  Sections 9 and 10 of this act become effective October 1, 1996, and apply to violations that occur on or after that date.