GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	3 

SENATE BILL 974
Second Edition Engrossed 5/10/95
House Committee Substitute Favorable 6/28/95

Short Title:  Applicator of Agriculture By-Products.	(Public)

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Sponsors:

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Referred to:

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May 3, 1995

A BILL TO BE ENTITLED
AN ACT TO REQUIRE A PERSON WHO PERFORMS THE LAND APPLICATION OF AGRICULTURAL BY-PRODUCTS TO BE CERTIFIED.
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 9A. Application of Agricultural By-Products.
"§ 143-215.74C.1.  Title.
This Part is the 'Application of Agricultural By-Products Act'.
"§ 143-215.74C.2.  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 and to encourage the development and improvement of the State's agricultural land for the production of food and other agricultural products.
"§ 143-215.74C.3.  Definitions.
As used in this Part:
(1)	'Agricultural by-product' means animal residuals resulting from the raising of swine.
(2)	'Application' means application through laying, spreading on, irrigating, or injecting.
(3)	'Operator' means the person who owns or controls the land used for agricultural purposes or the person's lessee or designee.
(4)	'Operator in charge' means a person who holds a currently valid certificate to operate an agricultural by-products control systems and who has primary responsibility for the operation of the system.
"§ 143-215.74C.4.  Agricultural by-products management required.
Agricultural by-products subject to this Part shall be managed so that the land application of those by-products does not cause a discharge of pollutants to the surface waters of the State, except as a result of a storm event more severe than a 25-year, 24-hour storm.
"§ 143-215.74C.5.  Certified operators required.
(a)	Beginning January 1, 1997, only an operator in charge or a person under his or her supervision may apply the agricultural by-products resulting from swine production to the land.  The owner or other person in control of the land used for the swine production is responsible for ensuring that the application is performed by an operator in charge.
(b)	This Part applies only to owners of land or other operators with agricultural by-products management systems designed to manage more than 250 swine.
"§ 143-215.74C.6.  Qualifications for operators of agricultural by-products management systems; issuance of certificates.
(a)	The Department of Agriculture shall issue a certificate as an operator in charge to a person who completes the instructional requirements under subsection (b) and pays a ten dollar ($10.00) fee.  No examination or other requirement may be imposed on the applicant as a condition of certification.
(b)	Each applicant shall complete six hours of instruction on the operation of agricultural by-products management systems.  The North Carolina Agricultural Extension Service shall provide the instruction.  The instructional program shall be developed by the Agricultural Extension Service in conjunction with the Department of Environment, Health, and Natural Resources."
Sec. 2.  This act becomes effective October 1, 1995.