GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	3 

HOUSE BILL 238*
Committee Substitute Favorable 3/11/97
Senate Agriculture/Environment/Natural Resources Committee Substitute Adopted 4/15/97

Short Title:  Facilitate Animal Waste Mgt. Research. 	(Public)
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Sponsors:
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Referred to:  
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February 17, 1997

A BILL TO BE ENTITLED
AN ACT TO ENCOURAGE OWNERS AND OPERATORS OF ANIMAL WASTE MANAGEMENT SYSTEMS TO PARTICIPATE IN CERTAIN RESEARCH STUDIES DIRECTED BY THE GENERAL ASSEMBLY BY LIMITING ENFORCEMENT ACTIONS FOR UNINTENTIONAL AND NONNEGLIGENT VIOLATIONS OF WATER QUALITY STANDARDS THAT ARE IDENTIFIED IN THE COURSE OF THOSE RESEARCH STUDIES AND TO CLARIFY THE REPORTING DATES FOR THOSE RESEARCH STUDIES, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  The Department of Environment, Health, and Natural Resources shall not take any enforcement action against any person for any unintentional and nonnegligent violation of a water quality standard or statute or rule for the protection of water quality that is identified in the course and during the period of any of the research studies directed by Sections 27.3 (odor control technology), 27.7 (groundwater impacts of lagoons), 27.9 (atmospheric deposition of nitrogen in the Neuse Estuary), 27.32(b) (sources of nitrogen through isotope markers and other topics), and 27.35 (alternative animal waste technologies) of Chapter 18 of the 1995 Session Laws (1996 Second Extra Session).  This section shall not be construed to limit an enforcement action for any negligent or intentional act or for any violation that poses an immediate threat to public health or the environment.  This section shall not be construed to relieve any person from any duty otherwise imposed by law to take remedial or corrective action to correct the violation.  The Department shall allow a reasonable time for the owner or operator to complete any necessary remedial or corrective action as provided in Section 2 of this act.
Section 2.  The Principal Investigator or Researcher for each of the research studies listed in Section 1 of this act shall furnish the Department of Environment, Health, and Natural Resources with a list of all sites and facilities that are associated with the study on the basis of voluntary cooperation in the study by the owners or operators of the site or facility.  The list shall include the name, address, and telephone number of the owner or operator of each site or facility and shall be updated as necessary to maintain current  information.  If the Department finds that there is a violation of a water quality standard or statute or rule for the protection of water quality at any site or facility that is associated with any of the research studies listed in Section 1 of this act, the Department shall notify the owner or operator of the site or facility of the violation.  The Department shall allow a reasonable time for the owner or operator to complete any necessary remedial or corrective action.  In determining what constitutes a reasonable time in which to correct the violation, the Department shall consider the nature and extent of the violation, the cost and complexity of actions necessary to correct the violation, and the threat to public health and the environment resulting from the violation.
Section 3.  An employee of a State agency or unit of local government who is on the premises of a site or facility that is associated with a research study listed in Section 1 of this act only in connection with the study is not "engaged in activities relating to the animal operation" under G.S. 143-215.10E.
Section 4.  The Primary Investigator or Researcher for each of the research studies listed in Section 1 of this act shall report to the Environmental Review Commission on the progress of the research study and on any preliminary results of the research study on 1 January and 1 July of each year, beginning 1 July 1997, until the research study is concluded.  The Primary Investigator shall make a final report, including final results and any recommendations, to the Environmental Review Commission at the conclusion of the research study.
Section 5.  This act is effective when it becomes law.