AN ACT to: (1) clarify the training and qualification requirements applicable to animal waste management technical specialists in the provision of services related to the Development, implementation, or operation of an Animal waste management plan or Animal waste management system, as recommended by the environmental review commission; (2) EXTEND THE PILOT PROGRAM FOR INSPECTION OF ANIMAL WASTE MANAGEMENT SYSTEMS; and (3) clarify the applicability of the water quality enforcement provisions in article 21 of chapter 143 of the general statutes.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 89C‑25 reads as rewritten:
"§ 89C‑25.  Limitations on application of Chapter.
This Chapter shall not be construed to prevent or affect:
...
(6)	Practice by members of the armed forces; employees of the government of the United States while engaged in the practice of engineering or land surveying solely for the government on government‑owned works and projects; or practice by those employees of the Natural Resources Conservation Service, county employees, or employees of the Soil and Water Conservation Districts who have federal engineering job approval authority that involves the planning, designing, or implementation of best management practices on agricultural lands.
..."
SECTION 2.  Section 15.4(a) of S.L. 1997‑443, as amended by Section 3.1 of S.L. 1999‑329, Section 5 of S.L. 2001‑254, Section 1.1 of S.L. 2002‑176, Section 6.1 of S.L. 2003‑340, and Section 12.7(a) of S.L. 2005‑276 reads as rewritten:
"(a)	The Department of Environment and Natural Resources shall develop and implement a pilot program to begin no later than 1 November 1997, and to terminate 1 September 2009, regarding the annual inspections of animal operations that are subject to a permit under Article 21 of Chapter 143 of the General Statutes. The Department shall select two counties located in a part of the State that has a high concentration of swine farms to participate in this pilot program. In addition, Brunswick County and Pender County shall be added to the program. Notwithstanding G.S. 143‑215.10F, the Division of Soil and Water Conservation of the Department of Environment and Natural Resources shall conduct inspections of all animal operations that are subject to a permit under Article 21 of Chapter 143 of the General Statutes in these four counties at least once a year to determine whether any animal waste management system is causing a violation of water quality standards and whether the system is in compliance with its animal waste management plan or any other condition of the permit. The personnel of the Division of Soil and Water Conservation who are to conduct these inspections in each of these four counties shall be located in an office in the county in which that person will be conducting inspections. As part of this pilot program, the Department of Environment and Natural Resources shall establish procedures whereby resources within the local Soil and Water Conservation Districts serving the four counties are used for the quick response to complaints and reported problems previously referred only to the Division of Water Quality of the Department of Environment and Natural Resources."
SECTION 3.  G.S. 143‑215.6A is amended by adding a new subsection to read:
"(a1)	For purposes of this section, the term 'Part' includes Part 1A of this Article."
SECTION 4.  G.S. 143‑215.6B is amended by adding a new subsection to read:
"(a1)	For purposes of this section, the term 'Part' includes Part 1A of this Article."
SECTION 5.  G.S. 143‑215.6C reads as rewritten:
"§ 143‑215.6C.  Enforcement procedures; injunctive relief.
Whenever the Department has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of this Part, any of the terms of any permit issued pursuant to this Part, or a rule implementing this Part, the Department may, either before or after the institution of any other action or proceeding authorized by this Part, request the Attorney General to institute a civil action in the name of the State upon the relation of the Department for injunctive relief to restrain the violation or threatened violation and for such other and further relief in the premises as the court shall deem proper. The Attorney General may institute such action in the superior court of the county in which the violation occurred or may occur or, in his discretion, in the superior court of the county in which the person responsible for the violation or threatened violation resides or has his or its principal place of business. Upon a determination by the court that the alleged violation of the provisions of this Part or the regulations of the Commission has occurred or is threatened, the court shall grant the relief necessary to prevent or abate the violation or threatened violation. Neither the institution of the action nor any of the proceedings thereon shall relieve any party to such proceedings from any penalty prescribed for violation of this Part. For purposes of this section references to "this Part" include Part 1A of this Article and G.S. 143‑355(k) relating to water use information."
SECTION 6.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 27th day of July, 2007.

	_____________________________________
		 Beverly E. Perdue
	 President of the Senate

	_____________________________________
		 Joe Hackney
	 Speaker of the House of Representatives

	_____________________________________
		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2007