North Carolina § 106-802 - Definitions.

§ 106-802. Definitions.

As used in this Article, unless the context clearly requires otherwise: "Lagoon" means a confined body of water to hold animal byproducts including bodily waste from animals or a mixture of waste with feed, bedding, litter or other agricultural materials. Repealed by Session Laws 1995 (Regular Session, 1996), c. 626, s. 7, effective June 21, 1996. "Occupied residence" means a dwelling actually inhabited by a person on a continuous basis as exemplified by a person living in his or her home. "Outdoor recreational facility" means any plot or tract of land on which there is located an outdoor swimming pool, tennis court, or golf course that is open to either the general public or to the members and guests of any organization having 50 or more members. "Site evaluation" means an investigation to determine if a site meets all federal and State standards as evidenced by the Waste Management Facility Site Evaluation Report on file with the Soil and Water Conservation District office or a comparable report certified by a professional engineer or a comparable report certified by a technical specialist approved by the North Carolina Soil and Water Conservation Commission. "Swine farm" means a tract of land devoted to raising 250 or more animals of the porcine species. "Swine house" means a building that shelters porcine animals on a continuous basis. History (1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); c. 743, s. 3; 1997-443, s. 11A.119(a); 1997-456, s. 15; 1997-458, s. 4.1; 1997-496, s. 12.) Editor's Note. - Session Laws 2003-340, s. 7, provides: "The moratorium established by Section 1.2 of S.L. 1997-458; as amended by Section 3 of S.L. 1998-188, Section 2.2 of S.L. 1999-329, Section 2 of S.L. 2001-254, and Section 2 of S.L. 2003-266; on new swine farms and lagoons and on the expansion of existing swine farms and lagoons shall not apply to any swine farm or lagoon that would otherwise be prohibited by the moratorium if, on or before 27 August 1997, the Soil and Water Conservation Commission allocated funds under the Agriculture Cost Share Program for Nonpoint Source Pollution Control established pursuant to G.S. 143-215.74 [now G.S. 106-850 ] for the construction or expansion of the otherwise prohibited swine farm or lagoon. The Environmental Management Commission may issue a permit for an animal waste management system, as defined by G.S. 143-215.10 B, or for a new swine farm or lagoon or the expansion of an existing swine farm or lagoon, as defined in G.S. 106-802 , that is authorized by this section." See editor's notes under G.S. 143-215.10 A regarding moratorium on swine farm construction. Legal Periodicals. - For comment, "The Eight Million Little Pigs - A Cautionary Tale: Statutory and Regulatory Responses to Concentrated Hog Farming," see 31 Wake Forest L. Rev. 851 (1996).