North Carolina § 143-215 - 10G. Fees for animal waste management systems.

§ 143-215. 10G. Fees for animal waste management systems.

The Department shall charge an annual permit fee to an animal operation that is subject to a permit under G.S. 143-215.10C for an animal waste management system according to the following schedule: For a system with a design capacity of 38,500 or more and less than 100,000 pounds steady state live weight, sixty dollars ($60.00). For a system with a design capacity of 100,000 or more and less than 800,000 pounds steady state live weight, one hundred eighty dollars ($180.00). For a system with a design capacity of 800,000 pounds or more steady state live weight, three hundred sixty dollars ($360.00). The Department shall charge an annual permit fee to a dry litter poultry facility that is subject to a permit under G.S. 143-215.10C for an animal waste management system according to the following schedule: For a system with a permitted capacity of less than 25,000 laying chickens, less than 37,500 nonlaying chickens, or less than 16,500 turkeys, sixty dollars ($60.00). For a system with a permitted capacity of 25,000 or more but less than 200,000 laying chickens, 37,500 or more but less than 290,000 nonlaying chickens, 16,500 or more but less than 133,000 turkeys, one hundred eighty dollars ($180.00). For a system with a permitted capacity of more than 200,000 laying chickens, more than 290,000 nonlaying chickens, or more than 133,000 turkeys, three hundred sixty dollars ($360.00). An application for a new permit under this section shall be accompanied by an initial application fee equal to the annual fee for that permit. If a permit is issued, the application fee shall be applied as the annual fee for the first year that the permit is in effect. If the application is denied, the application fee shall not be refunded. Fees collected under this section shall be credited to the Water and Air Quality Account. The Department shall use fees collected pursuant to this section to cover the costs of administering this Part. History (1995 (Reg. Sess., 1996), c. 626, s. 1; 1997-496, s. 14; 1998-212, s. 29A.11(d); 2004-176, s. 3; 2007-323, s. 30.3(b).) Editor's Note. - Session Laws 1998-212, s. 29A.11(h), provides: "This section shall not be construed to relieve any person of the obligation to pay any fee due for any activity described in this section under the schedule of fees in effect prior to the date this section becomes effective." Session Laws 2004-176, s. 4, provides: "An owner or operator of an animal operation or a dry litter poultry facility shall apply for a permit as follows: "(1) An owner or operator of an animal operation in existence on or before 14 April 2003, and subject to regulation under federal regulations on or before 14 April 2003, shall maintain continuous permit coverage and comply with the phosphorous provisions of the most current nutrient management standard on or before 1 July 2007. "(2) An owner or operator of a dry litter poultry facility in existence on or before 14 April 2003, and with a poultry population that made it subject to regulation under 40 Code of Federal Regulations § 122.23 (1 July 2003) only after 14 April 2003, shall apply for a permit no later than 13 April 2006. "(3) An owner or operator of a dry litter poultry facility in existence on or before 14 April 2003, who increases the poultry population of the facility to a number that subjects the facility to regulation under 40 Code of Federal Regulations § 122.23 (1 July 2003) after, but not on or before, 14 April 2003, shall apply for a permit by 13 April 2006, or 90 days after the increase in population, whichever is later." Effect of Amendments. - Session Laws 2004-176, s. 3, effective January 1, 2005, in subsection (a), substituted "to an" for "of all," "operation" for "operations," "is" for "are," and "system" for "systems"and inserted "an" preceding "animal"; and added subsection (a1). Session Laws 2007-323, s. 30.3.(b), effective August 1, 2007, in subsection (a), substituted "sixty dollars ($60.00)" for "fifty dollars ($50.00)" at the end of subdivision (a)(1), substituted "one hundred eighty dollars ($180.00)" for "one hundred fifty dollars ($150.00)" at the end of subdivision (a)(2), and substituted "three hundred sixty dollars ($360.00)" for "three hundred dollars ($300.00)" at the end of subdivision (a)(3); in subsection (a1), substituted "sixty dollars ($60.00)" for "fifty dollars ($50.00)" at the end of subdivision (a1)(1), substituted "one hundred eighty dollars ($180.00)" for "one hundred fifty dollars ($150.00)" at the end of subdivision (a1)(2), and substituted "three hundred sixty dollars ($360.00)" for "three hundred dollars ($300.00)" at the end of subdivision (a1)(3); and substituted "shall" for "will" in the second sentence of subsection (b).