GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 192*

Short Title:  Facilitate Animal Waste Mgt. Research. 	(Public)

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Sponsors: Senators Albertson; Dannelly, Hoyle, Jordan, Odom, Perdue, Rand, and Warren.

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Referred to:  Agriculture/Environment/Natural Resources.

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February 19, 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 water quality standards that are identified in the course 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 (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.
Section 2.  Notwithstanding the provisions of G.S. 143-215.10E(a), an employee of a State agency or unit of local government who identifies an unintentional or nonnegligent violation listed in subdivisions (1) through (4) of G.S. 143-215.10E(a) that is identified in the course of any of the research studies listed in Section 1 of this act is not required to report the violation to the Division of Water Quality of the Department of Environment, Health, and Natural Resources.
Section 3.  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 4.  This act is effective when it becomes law.