A BILL TO BE ENTITLED
AN ACT to codify and make permanent the swine farm animal waste management system performance standards that the general assembly enacted in 1998 and to phase out the use of the lagoon and SPRAYFIELD animal waste management system for swine farms.
The General Assembly of North Carolina enacts:
SECTION 1.  Section 1.1 of S.L. 1997‑458, as amended by Section 2 of S.L. 1998‑188, Section 2.1 of S.L. 1999‑329, and Section 1 of S.L. 2001‑254, is codified as G.S. 143‑215.10I and reads as rewritten:
"§ 143-215.10I.  Performance standards for animal waste management systems that serve swine farms; lagoon and sprayfield systems prohibited.
(a)	As used in this section:
(1)	'Swine farm' and 'lagoon' have the same meaning as in G.S. 106‑802. 
	
(2)	'Anaerobic lagoon' means a lagoon that treats waste by converting it into carbon dioxide, methane, ammonia, and other gaseous compounds; organic acids; and cell tissue through an anaerobic process.
(3)	'Anaerobic process' means a biological treatment process that occurs in the absence of dissolved oxygen.
	
(b)																
	The Department shall not issue or modify a permit to authorize the construction, operation, or expansion of an animal waste management system that employs an anaerobic lagoon as the primary method of treatment and land application of waste by means of a sprayfield as the method of waste disposal. The Commission may issue a permit for the construction, operation, or expansion of an animal waste management system under this Article only if the Commission determines that the animal waste management system will meet or exceed all of the following performance standards:
(1)	Eliminate the discharge of animal waste to surface water and groundwater through direct discharge, seepage, or runoff.
(2)	Substantially eliminate atmospheric emission of ammonia.
(3)	Substantially eliminate the emission of odor that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located.
(4)	Substantially eliminate the release of disease‑transmitting vectors and airborne pathogens.
(5)	Substantially eliminate nutrient and heavy metal contamination of soil and groundwater.
		"
SECTION 2.  This act becomes effective  September 1, 2003, and applies to any application for a new permit or to modify a permit for an animal waste management system that serves a swine farm.  An animal waste management system that serves a swine farm for which a permit was issued prior to September 1, 2003, and that does not meet the requirements of G.S. 143‑215.10I, as enacted by Section 1 of this act, may continue to operate under, and shall operate in compliance with, that permit until the later of September 1, 2008, or 10 years from the date on which the animal waste management was first permitted or deemed permitted.  The owner or operator of an animal waste management system that employs a lagoon and sprayfield system that is phased out pursuant to this act shall close all of the components of the animal waste management system in compliance with all applicable federal and State laws, regulations, and rules.