North Carolina § 143-215 - 10A. Legislative findings and intent.

§ 143-215. 10A. Legislative findings and intent.

The General Assembly finds that animal operations provide significant economic and other benefits to this State. The growth of animal operations in recent years has increased the importance of good animal waste management practices to protect water quality. 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. Technical assistance will be provided by the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services. Inspection and enforcement will be provided by the Division of Water Resources. History (1995 (Reg. Sess., 1996), c. 626, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 27.34(a); 2002-176, s. 1.2; 2011-145, ss. 13.22(a), 13.22A(p); 2013-413, s. 57(m); 2014-115, s. 17.) Interagency Group To Provide Information. - Session Laws 1995 (Reg. Sess., 1996), c. 626, s. 18, as amended by Session Laws 1996, Second Extra Session, c. 18, s. 27.34(e), provides for the creation of an interagency group to address questions and provide uniform interpretations to technical specialists regarding the requirements of animal waste management rules, to publish its decisions on those questions, to provide uniform strategies for operators of intensive livestock operations to meet the December 31, 1997 deadline to obtain an approved animal waste management plan, and to develop by August 1, 1996, a standard for the use of riparian buffers, decide which standard best protects water quality, and submit that standard; provides who shall provide representatives; and provides that the group shall remain in existence until such time after December 31, 1997, that the Secretary of Environment, Health, and Natural Resources [now the Department of Environment and Natural Resources] determines the group is no longer needed to resolve issues related to certifying animal waste management plans. Session Laws 1997-443, s. 15.3(a) and (c), provide that the interagency group created in Session Laws 1995 (Reg. Sess., 1996), c. 626, s. 18 and the Department of Environment, Health, and Natural Resources [Department of Environment and Natural Resources] shall, by October 1, 1997, revise the general permits for animal waste management systems that were previously developed by the Department and revise the proposed time schedule for issuing those general permits, and shall submit a joint report to the Environmental Review Commission by October 1, 1997, and that after the revised general permits are adopted, the Department shall issue the revised general permit to all animal waste management operations currently holding general permits. Definitions Applicable to This Part Only. - Session Laws 1999-329, s. 4.1, provides: "The definitions set out in G.S. 143-215.10 B apply to this Part. The definitions set out in this section apply only to this Part and shall not be construed to apply to any regulatory program. As used in this Part: "(1) 'Inactive lagoon' means a lagoon into which animal waste has not been lawfully discharged for a period of one year or more. "(2) 'Lagoon' means a lagoon, as defined in G.S. 106-802 , that is a component of an animal waste management system that serves an animal operation." General Provisions. - Session Laws 1999-329, s. 13.7 provides that this act shall not be construed to obligate the General Assembly to appropriate funds to implement the provisions of this act. Every State agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to that agency. Session Laws 2004-176, s. 6, provides: "(1) In the event there is a final determination by a court of competent jurisdiction that part or all of the federal regulations governing dry litter poultry facilities are invalid, this act shall not be construed to implement the invalid parts of the regulations or to apply the invalid parts of the regulations to facilities otherwise made subject to those federal regulations. "(2) This act shall not be construed to affect the provisions of 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, Section 1 of S.L. 2001-254, and S.L. 2003-266. "(3) This act shall not be construed to affect any federal permit requirement that was in effect on or before the date this act becomes effective." Editor's Note. - Session Laws 2013-413, s. 20(a)-(e), provides: "(a) The definitions set out in G.S. 143-212 , 15A NCAC 02T .0103 (Definitions) and 15A NCAC 02T .1302 (Definitions) apply to this section." "(b) 15A NCAC 02T .1306 (Closure Requirements). - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 20(d) of this act, the Commission and the Department shall implement 15A NCAC 02T.1306 (Closure Requirements) as provided in Section 20(c) of this act. "(c) Implementation. - Notwithstanding 15A NCAC 02T .1306 (Closure Requirements), any containment basin, such as a lagoon or a waste storage structure, permitted at a cattle facility under the Section 1300 Rules, shall continue to be subject to the conditions and requirements of the facility's permit until that permit is rescinded by the Division. Upon request of the permittee, the permit may be rescinded by the Division prior to closure of the containment basin if the average size of the confined cattle herd at the cattle facility, calculated on an annual basis during the three years prior to the request for rescission, is less than one hundred confined cattle. Upon permit rescission, all of the following requirements shall apply: "(1) The cattle facility shall be subject to the requirements of 15A NCAC 02T .1303 (Permitting By Regulation) and 15A NCAC 02T .0113 (Permitting By Regulation) until the containment area is closed in accordance with standards adopted by the NRCS. "(2) The farm owner shall maintain records of land application and weekly records of containment basin waste levels on forms provided by or approved by the Division. "(3) Closure shall include prenotification to the Division and, within 15 days of completion of closure, submittal of a closure form supplied by the Division or closure forms approved by the Division that provide the same information required by the forms supplied by the Division. "The Division shall have the authority to deny a request for permit rescission based on the factors set out in subsection (e) of 15A NCAC 02T .0113 (Permitting By Regulation)." "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend 15A NCAC 02T .1306 (Closure Requirements) consistent with Section 20(c) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 20(c) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) ." "(e) Sunset. - Section 20(c) of this act expires on the date that rules adopted pursuant to Section 20(d) of this act become effective." Session Laws 2013-413, s. 21(a)-(d), as amended by Session Laws 2015-263, s. 16, provides: "(a) 15A NCAC 02T .1302 (Definitions) and 15A NCAC 02T .1307 (Swine Waste Management System Performance Standards). - Until the effective date of the revised permanent rules that the Environmental Management Commission is required to adopt pursuant to Section 21(c) of this act, the Commission and the Department of Environment and Natural Resources shall implement 15A NCAC 02T .1302 (Definitions) and 15A NCAC 02T .1307 (Swine Waste Management System Performance Standards) as provided in Section 21(b) of this act. "(b) Implementation. - Notwithstanding 15A NCAC 02T .1302 (Definitions), "new animal waste management system" means animal waste management systems which are constructed and operated at a site where no feedlot existed previously or where a permit for a system has been rescinded, and is then reissued when the permittee confines animals in excess of the thresholds established in G.S. 143-215.10 B. Notwithstanding subsection (a) of 15A NCAC 02T .1307 (Swine Waste Management System Performance Standards), the Swine Waste Management System Performance Standards shall: "(1) Apply to any farm facility that receives a permit for its animal waste management system that allows a level of production at the farm, as measured by steady state live weight, greater than the largest production for which the farm has received a permit in the past, and so that they also apply to any other animal waste management system otherwise subject to regulation under G.S. 143-215.10 I. "(2) Not apply to any facility that meets all of the following conditions: "a. Has had no animals on site for five continuous years or more. "b. Notifies the Division of Water Resources in writing at least 60 days prior to bringing any animals back on to the site. "c. The system depopulated after January 1, 2005, and the system ceased operation no longer than 10 years prior to the current date. "d. At the time the system ceased operation, the system was in compliance with an individual permit or a general permit issued pursuant to G.S. 143-215.10 C. "e. The Division of Water Resources issues an individual permit or certificate of coverage under a general permit issued pursuant to G.S. 143-215.10 C for operation of the system before any animals are brought on the facility. "f. The permit for the animal waste management system does not allow production, measured by steady state live weight, to exceed the greatest steady state live weight previously permitted for the system under G.S. 143-215.10 C. "g. No component of the animal waste management system and swine farm, other than an existing swine house or land application site, shall be constructed on land that is located within the 100-year floodplain. "h. The inactive animal waste management system was not closed using the expenditure of public funds and was not closed pursuant to a settlement agreement, court order, cost share agreement, or grant condition. "(c) Additional Rule-Making Authority. - The Environmental Management Commission shall adopt rules as promptly as practicable to amend 15A NCAC 02T .1302 (Definitions) and 15A NCAC 02T .1307 (Swine Waste Management System Performance Standards) consistent with Section 21(b) of this act. Notwithstanding G.S. 150B-19(4) , the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 21(b) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(d) Sunset. - Section 21(b) of this act expires on the date that rules adopted pursuant to Section 21(c) of this act become effective." Session Laws 2013-413, s. 61(b), provides: "Except as otherwise provided, this act is effective when it becomes law [August 23, 2013]." Session Laws 2013-413, s. 60(c), had provided that: "This act becomes effective July 1, 2015." Session Laws 2014-115, s. 17, amended Session Laws 2013-413, s. 60(c), to replace the reference to "This act" with the words "This Part." Session Laws 2013-413, s. 61(a), is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.22(a), effective July 1, 2011, deleted "through operations reviews" following "Technical assistance" in the next-to-last sentence; and substituted "Inspection and enforcement will be provided by" for "Permitting, inspection, and enforcement will be vested in" in the last sentence. Session Laws 2011-145, s. 13.22A(p), effective July 1, 2011, added "of the Department of Agriculture and Consumer Services" in the next-to-last sentence. Session Laws 2013-413, s. 57(m), substituted "Division of Water Resources" for "Division of Water Quality" at the end. For effective date, see Editor's note. Legal Periodicals. - For note, "Hog Farms and Nuisance Law in Parker v. Barefoot: Has North Carolina Become a Hog Heaven and Waste Lagoon?," see 77 N.C. L. Rev. 2355 (1999). For note, "Preemption Hogwash: North Carolina's Judicial Repeal of Local Authority to Regulate Hog Farms in Craig v. County of Chatham," see 80 N.C.L. Rev. 2121 (2002).