GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1234

Short Title:  Extend Swine Moratoria/Inactive Lagoons.	(Public)

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Sponsors: Representatives Hunter; and Hardaway.

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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 EXTEND THE MORATORIA ON CONSTRUCTION AND EXPANSION OF SWINE FARMS AND TO PROVIDE FOR THE CLOSURE OF INACTIVE LAGOONS.
The General Assembly of North Carolina enacts:
Section 1.  Subsection (a1) of Section 1.1 of S.L. 1997-458, as amended by Section 2 of S.L. 1998-188, reads as rewritten:
"(a1)  There is hereby established a moratorium on the construction or expansion of swine farms and on lagoons and animal waste management systems for swine farms.  The purposes of this moratorium are to allow counties time to adopt zoning ordinances under G.S. 153A-340, as amended by Section 2.1 of this act; to allow time for the completion of the studies authorized by the 1995 General Assembly (1996 Second Extra Session); and to allow the 1999 General Assembly to receive and act on the findings and recommendations of those studies.  Except as provided in subsection (b) of this section, the Environmental Management Commission shall not issue a permit for an animal waste management system for a new swine farm or the expansion of an existing swine farm for a period beginning on 1 March 1997 and ending on 1 September 2000.  The construction or expansion of a swine farm or animal waste management system for a swine farm is prohibited during the period of the moratorium regardless of the date on which a site evaluation for the swine farm is completed and regardless of whether the animal waste management system is permitted under G.S. 143-215.1 or Part 1A of Article 21 of Chapter 143 of the General Statutes or deemed permitted under 15A North Carolina Administrative Code 2H.0217."
Section 2.  Section 1.2 of S.L. 1997-458, as amended by Section 1.3 of S.L. 1998-188, reads as rewritten:
"Section 1.2. (a)	As used in this section, ‘swine farm' and ‘lagoon' have the same meaning as in G.S. 106-802.  As used in this section, ‘animal waste management system' has the same meaning as in G.S. 143-215.10B.  There is hereby established a moratorium for any new or expanding swine farm or lagoon for which a permit is required under Parts 1 or 1A of Chapter 143 of the General Statutes in any county in the State: (i) that has a population of less than 75,000 according to the most recent decennial federal census; (ii) in which there is more than one hundred fifty million dollars ($150,000,000) of expenditures for travel and tourism based on the most recent figures of the Department of Commerce; and (iii) that is not in the coastal area as defined by G.S. 113A-103.   Effective 1 January 1997, until 1 September 2000, the Environmental Management Commission shall not issue a permit for an animal waste management system, as defined in G.S. 143-215.10B, or for a new or expanded swine farm or lagoon, as defined in G.S. 106-802.  The exemptions set out in subsection (b) of Section 1.1 of this act do not apply to the moratorium established under this section.
(b)	In order to protect travel and tourism, effective 1 September 2000, no animal waste management system shall be permitted except under an individual permit issued under Part 1 of Article 21 of Chapter 143 of the General Statutes in any county in the State: (i) that has a population of less than 75,000 according to the most recent decennial federal census; (ii) in which there is more than one hundred fifty million dollars ($150,000,000) of expenditures for travel and tourism based on the most recent figures of the Department of Commerce; and (iii) that is not in the coastal area as defined by G.S. 113A-103."
Section 3.  G.S. 143-215.10B is amended by adding two new subdivisions to read:
"(4a)	‘Inactive lagoon' means a lagoon into which animal waste has not been discharged in compliance with this Part and Part 1 of this Article for a period of one year or more."
"(5a)	‘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."
Section 4.  G.S. 143-215.10C(e) is amended by adding a new subdivision to read:
"(9)	Provisions regarding a closure plan for lagoons that provide for closing all lagoons covered by the plan so that the lagoons will pose no significant threat to public health, the environment, or natural resources."
Section 5.  Part 1A of Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-215.10I.  Inactive swine lagoons.
(a)	In order to protect public health, the environment, and the State's natural resources, the Commission shall adopt standards governing the closure of lagoons.
(b)	The Department shall develop and maintain an inventory of all inactive lagoons.  The Department shall rank each inactive lagoon on the inventory based on the extent to which the lagoon constitutes a threat to public health, the environment, or the State's natural resources."
Section 6.  G.S. 143-215.10M(a) is amended by adding a new subdivision to read:
"(9a)	The inventory of inactive lagoons developed as provided in G.S. 143-215.10I(b)."
Section 7.  The Environmental Management Commission shall, no later than 1 January 2000, adopt temporary rules that strengthen the existing standards that govern the closure of lagoons, as defined in G.S. 143-215.10B, as amended by Section 3 of this act.
Section 8.  The initial inventory required under G.S. 143-215.10I, as enacted by Section 5 of this act, shall be completed no later than 1 January 2000.
Section 9.  Section 6 of this act becomes effective 1 January 2000.  All other sections of this act are effective when it becomes law.