GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	2 

SENATE BILL 1345
Agriculture/Environment/Natural Resources Committee Substitute Adopted 6/5/96

Short Title:  Animal Waste Permits/Inspections.	(Public)

─────────────────────────────────────── 
Sponsors:

─────────────────────────────────────── 
Referred to:  

─────────────────────────────────────── 

May 27, 1996

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH PERMITS FOR SPECIFIED ANIMAL WASTE MANAGEMENT SYSTEMS, TO REQUIRE ANNUAL OPERATION REVIEWS FOR SPECIFIED ANIMAL OPERATIONS, AND TO REQUIRE ENHANCED COMMUNICATION INCLUDING A PLAN TO DEVELOP SITE-SPECIFIC MANAGEMENT STRATEGIES.
The General Assembly of North Carolina enacts:
Section 1.  Article 21 of Chapter 143 of the General Statutes is amended by adding a new Part to read:
"Part 1A.  Animal Waste Management Systems.
"§ 143-215.10A.  Definitions.
As used in this Part:
(1)	'Animal operation' means any agricultural farming activity involving 250 or more swine, 100 or more confined cattle, or 30,000 or more confined poultry with a liquid waste system.
(2)	'Animal waste' means livestock or poultry excreta or a mixture of excreta with feed, bedding, litter, or other materials from an animal operation.
(3)	'Animal waste management system' means a combination of structures and nonstructural practices that provide for the collection, treatment, storage, or land application of animal waste.
(4)	'Division' means the Division of Environmental Management of the Department.
(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.
"§ 143-215.10B.  Applications and permits.
(a)	No person shall construct or operate an animal waste management system without first obtaining a permit under this Part. The Commission shall develop a system of general permits for animal operations based on species, number of animals, and other relevant factors.
(b)	An animal waste management system shall be designed, constructed, and operated so that the animal operation served by the animal waste management system does not cause water pollution in the surface waters of the State except as may result because of rainfall from a storm event more severe than the 25-year, 24-hour storm.
(c)	The Commission shall act on a permit application as quickly as possible and may conduct any inquiry or investigation it considers necessary before acting on an application.  If the Commission fails to act on an application for a permit, including a renewal of a permit, within 90 days after the applicant submits all information required by the Commission, the application is considered to be approved.
(d)	All applications for permits or for renewal of an existing permit shall be in writing, and the Commission may prescribe the form of the applications.  All applications shall include an animal waste management system plan approved by a technical specialist. The Commission may require an applicant to submit additional information the Commission considers necessary to evaluate the application.   Permits and renewals issued pursuant to this section shall be effective until the date specified therein or until rescinded unless modified or revoked by the Commission.
(e)	The Commission shall encourage the development of alternative and innovative animal waste management technologies.  The Commission shall provide sufficient flexibility in the regulatory process to allow for the timely evaluation of alternative and innovative animal waste management technologies and shall encourage operators of animal waste management systems to participate in the evaluation of these technologies.  The Commission shall provide sufficient flexibility in the regulatory process to allow for the prompt implementation of alternative and innovative animal waste management technologies that are demonstrated to provide improved protection to public health and the environment.
"§ 143-215.10C.  Operations review.
(a)	Each animal operation shall have an operations review on an annual basis as part of its animal waste management plan.  The operations review shall be conducted by technical specialists of any of the following agencies: (i) a North Carolina Soil and Water Conservation District 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 for immediate action:
(1)	Use of a straight pipe into the waters of the State;
(2)	Any major deterioration or leaks in a lagoon system;
(3)	Overspraying animal waste either in excess of the limits set out in the animal waste management plan or where runoff enters a blue-line stream as identified on a U. S. Geological Survey Topographic Map; or
(4)	Any discharge that bypasses a lagoon system.
(b)	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 within 30 days 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 within 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 within five days.
(c)	The Department may enforce the animal waste management plan required under G.S. 143-215.10B(d) in the same manner as it enforces a condition of a permit."
Sec. 2.  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 standard.
(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 facility.
(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)	Construct or operate an animal waste management system, as defined in G.S. 143-215.10A, without obtaining a permit under Part 1A of this Article.
(a1)	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.
(a2)	No permit shall be granted for the disposal of waste in waters classified as sources of public water supply where the head of the agency that 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 any outlet for the disposal of waste is, or would be, 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.
(a3)	If the Commission denies an application for a permit, the Commission shall state in writing the reason for the denial and shall also state the Commission's estimate of the changes in the applicant's proposed activities or plans that would be required in order that the applicant may obtain a permit."
Sec. 3.  G.S. 143-215.2(a) reads as rewritten:
"(a)	Issuance. – The Commission may, 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, issue, and from time to time may 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. The order or instrument may direct the person to take, or refrain from taking an action, or to achieve a result, within a period of time specified by the special order, as the Commission deems necessary and feasible in order to alleviate or eliminate the 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 the 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.  "
Sec. 4.  The Division of Soil and Water Conservation of the Department of Environment, Health, and Natural Resources, the Cooperative Extension Service of North Carolina State University, and the North Carolina Department of Agriculture shall prepare a coordinated and comprehensive plan that includes how existing resources at the local level can be utilized for nonpoint source pollution prevention and control.  The plan shall include mechanisms to be utilized that enhance communication, and  provide information, technical assistance, environmental education, and enforcement strategies.  The plan shall also include the following:
(1)	Identify the needs of agricultural crop and livestock operations and the services provided by the various groups.
(2)	Designate the Division of Soil and Water Conservation of the Department of Environment, Health, and Natural Resources as the lead agency with a defined line of authority for agricultural and other land-use activities affected by the nonpoint source pollution prevention/control plan.
(3)	Develop a strategic plan for interaction and communication with farmers and livestock operations concerning best management practices, nutrient management plans, and site-specific nutrient reduction efforts.
The Commissioner of Agriculture, the Secretary of the Department of Environment, Health, and Natural Resources, and the Director of the Cooperative Extension Service shall report their comprehensive plan to the Senate Select Committee on River Water Quality and Fish Kills and the Environmental Review Commission by September 30, 1996.
Sec. 5.  The Environmental Review Commission shall study the feasibility of modifying the permit and operations review requirements for animal operations established under this act.  The Commission shall consider whether the requirements should be extended to additional animal operations including confined poultry operations with dry litter.  The Commission shall report on its findings and recommendations to the General Assembly on or before the first day of the 1997 Regular Session.
Sec. 6.  (a)	G.S. 143-215.10A, as enacted by Section 1 of this act, is effective upon ratification.
(b)	G.S. 143-215.10B, as enacted by Section 1 of this act, becomes effective December 31, 1997, provided that the Commission may adopt temporary rules upon ratification to design and begin to implement the permits and to develop alternative and innovative animal waste technologies.
(c)	G.S. 143-215.10C, as enacted by Section 1 of this act, becomes effective September 1, 1996.
(d)	Section 2 of this act becomes effective December 31, 1997.
(e)  Section 3 of this act is effective upon ratification and applies to violations that occur on or after that date.
(f)  Section 4 of this act is effective upon ratification.