North Carolina § 143-215 - 10D. Operations review.

§ 143-215. 10D. Operations review.

The Division, in cooperation with the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services, shall develop a reporting procedure for use by technical specialists who conduct operations reviews of animal operations. The reporting procedure shall be consistent with the Division's inspection procedure of animal operations and with this Part. The report shall include any corrective action recommended by the technical specialist to assist the owner or operator of the animal operation in complying with all permit requirements. The report shall be submitted to the Division within 10 days following the operations review unless the technical specialist observes a violation described in G.S. 143-215.10E. If the technical specialist finds a violation described in G.S. 143-215.10E, the report shall be filed with the Division immediately. An animal operation may request an operations review. The operations review shall be conducted by a technical specialist employed by the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services, a local Soil and Water Conservation District, or the federal Natural Resources Conservation Services working under the direction of the Division of Soil and Water Conservation. Operations reviews shall not be performed by technical specialists with a financial interest in any animal operation. History (1995 (Reg. Sess., 1996), c. 626, s. 1; 2011-145, ss. 13.22(b), 13.22A(r); 2011-391, s. 30; 2012-194, s. 42(a).) Editor's Note. - Session Laws 2011-145, s. 13.22A(r) made a conforming amendment to subsections (a) and (b) of this section to reflect the transfer of the Division of Soil and Water Conservation to the Department of Agriculture and Consumer Services. Session Laws 2011-145, s. 13.22(b), repealed this section, effective July 1, 2011. Subsequently, Session Laws 2011-391, s. 30, enacted after Session Laws 2011-145, but effective on the same day (July 1, 2011), apparently intended to replace the original text of Session Laws 2011-145, s. 13.22(b), with the text of Session Laws 2011-391, s. 30, to amend subsection (b) of this section instead of repealing the section. However, the amendment to Session Laws 2011-145, s. 13.22(b) by Session Laws 2011-391, s. 30, was in the coded bill drafting format prescribed in G.S. 120-20.1 , and did not line out the text that repealed this section. Session Laws 2012-194, s. 42(a), retroactively effective July 1, 2011, amended the prefatory language of Session Laws 2011-391, s. 30, so that the amendment to Session Laws 2011-145, s. 13.22(b), was no longer in the coded bill drafting format, and the amendment to subsection (b) of this section could be implemented as intended. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.22A(r), effective July 1, 2011, inserted "of the Department of Agriculture and Consumer Services" in the first sentence of subsection (a); and inserted "of Agriculture and Consumer Services" in the last sentence of subsection (b). Session Laws 2011-145, s. 13.22(b), as amended by Session Laws 2011-391, s. 30, effective July 1, 2011, rewrote the first sentence of subsection (b), which formerly read: "As part of its animal waste management plan, each animal operation shall have an operations review at least once a year."