A BILL TO BE ENTITLED
AN ACT to study the use of general permits for animal waste management systems for small and medium dairy, poultry, and animal operations and recommend any additional permit requirements that are needed to protect water quality.
Whereas, in 1995, the General Assembly made the following findings, as set forth in G.S. 154‑215.10A: "It is critical that the State balance growth with prudent environmental safeguards. It is the intention of the State to promote a cooperative and coordinated approach to animal waste management among the agencies of the State with a primary emphasis on technical assistance to farmers. To this end, the General Assembly intends to establish a permitting program for animal waste management systems that will protect water quality and promote innovative systems and practices while minimizing the regulatory burden"; and
Whereas, the North Carolina Environmental Management Commission has required large dairy, poultry, and animal operations located in North Carolina to obtain general NPDES permits; and
Whereas, the North Carolina Environmental Management Commission has required dairy, poultry, and animal operations defined as "small" and "medium" by the United States Environmental Protection Agency to obtain general nondischarge permits;
Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Dairy, poultry, and animal operations that are defined as small or medium by the United States Environmental Protection Agency shall continue until May 1, 2008, to operate under current general permits and certificates of coverage issued prior to January 1, 2003, by the North Carolina Environmental Management Commission in accordance with G.S. 143‑215.10C.
SECTION 2.  The Secretary of Environment and Natural Resources or the Secretary's designee; the Commissioner of Agriculture or the Commissioner's designee; and the Dean of the North Carolina State University School of Agriculture and Life Sciences or the Dean's designee shall jointly study the success of the current use of general permits for animal waste systems for small and medium dairy, poultry, and animal operations, including the decrease of nitrogen and phosphorous to streams and estuaries that resulted from the implementation of the general permits program. The Secretary of Environment and Natural Resources or the Secretary's designee; the Commissioner of Agriculture or the Commissioner's designee; and the Dean of the North Carolina State University School of Agriculture and Life Sciences or the Dean's designee shall recommend any additional permit requirements that would improve the ability of small and medium dairy, poultry, and animal operations to protect water quality, shall estimate the costs associated with implementing and complying with any new general permit requirements, and shall establish specific environmental goals and strategies that they used to establish new general permit requirements.
SECTION 3.  The Department of Environment and Natural Resources shall report annually beginning no later than August 1, 2004, to the Environmental Review Commission on the progress of the study under this act and shall submit a final report no later than August 1, 2007, to the Environmental Review Commission.  The study shall terminate with the submission of the final report.
SECTION 4.  This act is effective when it becomes law.