GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 1084*

Short Title:  Extend Animal Waste Pilot.	(Public)

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Sponsors: Senators Albertson; and Metcalf.

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Referred to:  Agriculture/Environment/Natural Resources.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO EXTEND THE PILOT PROGRAM UNDER WHICH THE DIVISION OF SOIL AND WATER CONSERVATION OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CONDUCTS ALL INSPECTIONS OF ANIMAL WASTE MANAGEMENT SYSTEMS IN CERTAIN COUNTIES.
The General Assembly of North Carolina enacts:
Section 1.  Section 15.4(a) of S.L. 1997-443 reads as rewritten:
"(a)	The Department of Environment and Natural Resources shall develop and implement a pilot program to begin no later than November 1, 1997, and to terminate December 31, 2000, regarding the annual inspections of animal operations that are subject to a permit under Part 1A of Article 21 of Chapter 143 of the General Statutes.  The Department shall select two counties located in a part of the State that has a high concentration of swine farms to participate in this pilot program.  Notwithstanding G.S. 143-215.10F, the Division of Soil and Water Conservation of the Department of Environment and Natural Resources shall conduct inspections of all animal operations that are subject to a permit under Part 1A of Article 21 of Chapter 143 of the General Statutes in these two counties at least once a year to determine whether any animal waste management system is causing a violation of water quality standards and whether the system is in compliance with its animal waste management plan or any other condition of the permit.  The personnel of the Division of Soil and Water Conservation who are to conduct these inspections in each of these two counties shall be located in an office in the county in which that person will be conducting inspections.  As part of this pilot program, the Department of Environment and Natural Resources shall establish procedures whereby resources within the local Soil and Water Conservation Districts serving the two counties are used for the quick response to complaints and reported problems previously referred only to the Division of Water Quality of the Department of Environment and Natural Resources."
Section 2.  The two counties that were selected for the pilot program pursuant to Section 15.4(a) of S.L. 1997-443, Columbus County and Jones County, shall remain in the pilot program.
Section 3.  The Division of Soil and Water Conservation of the Department of Environment and Natural Resources and the Division of Water Quality of the Department of Environment and Natural Resources shall jointly submit interim reports no later than October 15, 1999; April 15, 2000; October 15, 2000; and a final report no later than January 15, 2001, to the Environmental Review Commission and to the Fiscal Research Division.  These reports shall indicate whether the pilot program has increased the effectiveness of the annual inspections program or the response to complaints and reported problems, specifically whether the pilot program had resulted in identifying violations earlier, taking corrective actions earlier, increasing compliance with the animal waste management plans and permit conditions, improving the time to respond to discharges, complaints, and reported problems, improving communications between farmers and Department employees, and any other consequences deemed pertinent by the Department.  The final report shall include a recommendation as to whether to continue or expand the pilot program under this act.  The Environmental Review Commission may recommend to the 2001 General Assembly whether to continue or expand the pilot program under this act and may make any related legislative proposals.
Section 4.  This act is effective when it becomes law.