GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1211

Short Title:  Improved Animal Waste Technology.	(Public)

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Sponsors: Representatives Hackney; and Luebke.

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Referred to:  Environment and Natural Resources.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO IMPROVE THE ENVIRONMENTAL PERFORMANCE OF SWINE FARMS BY REQUIRING IMPROVEMENTS IN ANIMAL WASTE MANAGEMENT SYSTEMS TECHNOLOGY AND BY REQUIRING INDIVIDUAL PERMITS FOR NEW SWINE FARMS AND FOR EXPANSIONS OF EXISTING SWINE FARMS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-215.10C(a) reads as rewritten:
"(a)	No person shall construct or operate an animal waste management system for an animal operation without first obtaining an individual permit under Part 1 of this Article or a general permit under this Part. The Commission shall develop a system of individual and general permits for animal operations based on species, number of animals, and other relevant factors. It is the intent of the General Assembly that most animal waste management systems be permitted under a general permit issued under this Part. Prior to September 1, 1999, the Commission, in its discretion, may require that an animal waste management system be permitted under an individual permit issued under Part 1 of this Article if the Commission determines that an individual permit is necessary to protect water quality, public health, or the environment.  September 1, 1999, and thereafter, the Commission shall require that an animal waste management system for a new swine farm and for an expansion of an existing swine farm be permitted under an individual permit issued under Part 1 of this Article.”
Section 2.  G.S. 143-215.10C(b) reads as rewritten:
"(b)	An animal waste management system shall be designed, constructed, and operated so that the animal operation served by the animal waste management system does not cause pollution in the waters of the State except as may result because of rainfall from a storm event more severe than the 25-year, 24-hour storm.  The Commission shall not issue a permit for an animal waste management system for a new swine farm or for an expansion of an existing swine farm that employs an anaerobic lagoon as the primary method of treatment or that employs land application of waste except by injection of surface application that meets the requirements of subdivisions (1) through (5) of this subsection.  The Commission shall issue a permit for an animal waste management system for a new swine farm or for an expansion of an existing swine farm only if the Commission determines that the animal waste management system meets all of the following requirements:
(1)	Will eliminate the discharge of animal waste to surface waters and groundwater through direct discharge, seepage, or runoff.
(2)	Will substantially eliminate atmospheric emissions of ammonia.
(3)	Will substantially eliminate the emission of odor that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located.
(4)	Will substantially eliminate the release of disease-transmitting vectors and airborne pathogens.
(5)	Will substantially eliminate nutrient and heavy metal contamination of soil and groundwater."
Section 3.  G.S. 143-215.10C is amended by adding a new subsection to read:
	"( b1)  As used in subsection (b) of this section:
(1)	‘Anaerobic lagoon' means a lagoon that treats waste by converting it into carbon dioxide, methane, ammonia, and other gaseous compounds; organic acids; and cell tissue through an anaerobic process.
(2)	‘Anaerobic process' means a biological treatment process that occurs in the absence of dissolved oxygen."
Section 4. This act becomes effective September 1, 1999.