Appendix A: Resources and Technical Assistance

There are a number of agencies involved in the process of trying to help farmers maintain compliance with the regulations involving animal waste. The purpose of this chapter is to explain the role of each relevant agency, as well as provide a resource list for your use should you have further questions or have the need to contact a representative from these agencies. This chapter also explains some of the environmental regulations that may be relevant in the handling of animal waste.

You are encouraged to use this material to develop a good working relationship with the individuals/agencies that may have involvement with your operation. Some agencies are strictly organized to deliver technical assistance, while others have a regulatory role. It is important to realize that the regulatory agencies are mandated to uphold the relevant laws and rules that have been dictated by the legislature and various state commissions. These laws are deemed necessary to protect the public health and the environment. Personnel with the regulatory agencies are also available to provide technical assistance, where possible, in addition to their regulatory role.

There may be instances where, due to circumstances that may or may not be beyond your control, you perceive that your facility has potential to cause a discharge of wastes (or has discharged wastes) that may affect the environment or the health of you, your employees, or the surrounding community. In such circumstances, your role as an environmental steward obligates you, as the operator in charge, to contact the appropriate agencies to call attention to the situation. The regulatory agencies would much rather find out about a situation from the source than to wait until the consequences show up (such as a fish kill or contaminated water supply). This is not to say that such an occurrence, when reported, is immune from regulatory action. However, regulatory action does take into consideration the willingness of the owner or operator to report a waste spill and that individual’s efforts to minimize the extent and impact of the spill. In short, you should keep a list of appropriate contacts available at all times, and notify all relevant agencies when situations arise (see the Emergency Action Plan in Chapter 7).

Below is a summary of the legislative action involving animal waste. Following this is a list of agencies (local, state, and federal) which have involvement in animal waste in North Carolina. Each has a description of the major purpose of the agency, how it is involved in the big picture of animal waste management, and a list of contacts for the agencies personnel.

Highlights of Water Quality and Waste Management Rules
for Livestock Farms in North Carolina

North Carolina Water Quality Standard — 1950

• Unlawful for anyone to cause a water quality standard violation in any surface waters of the state.

North Carolina Water Quality Nondischarge Rules — 1992

• Addresses livestock farms meeting the following criteria:
  
  
  1. Feedlot: any lot, building or combination specifically designed for the confined feeding, breeding, or maintenance of animals for at least 45 days per year during which time waste may accumulate or where animal concentration is such that a vegetative cover cannot be maintained. The 45 days are not required to be consecutive.
     
     
  2. Animal threshold numbers:

  Cattle	100 head
  Swine	250 head
  Horse	75 head
  Sheep	1,000 head
  Poultry, liquid waste system	30,000 birds

• All farms meeting the feedlot definition with equal to or more than the animal threshold numbers must have registered their farm with the North Carolina Division of Water Quality (DWQ) by December 31, 1993.

• All existing farms below the animal threshold numbers are deemed permitted as long as they are not discharging wastes to surface waters or violating water quality standards.

• All existing farms subject to registration must develop and implement an approved waste management plan by December 31, 1997.

• All new or expanded farms subject to registration must register, develop, and implement an approved waste management plan before animals may be legally stocked on the farm.

• The waste management plan must be certified by a "technical specialist" designated by the North Carolina Soil and Water Conservation Commission (SWCC).

• The technical specialist must certify that the best management practices comprising the plan meet the applicable operation and maintenance standards and specifications of the USDA Natural Resources Conservation Service (NRCS) Field Office Technical Guide or the standard of practices adopted by the Soil and Water Conservation Commission.

• A copy of the certification form must be submitted to the Division of Water Quality.

• A copy of the certification form and a copy of the waste management plan must be submitted to the local Soil and Water Conservation district office.

• Land application of liquid animal wastes cannot exceed agronomic rates and must have a permanently vegetated buffer of at least 25 feet between the application area and perennial waters.

• Perennial waters of the state are defined by a solid blue line on the most recent version of the U.S. Geological Survey (USGS) 1:24,000 (7.5 minute) scale topographic maps.

Senate Bill 1217: An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste

In 1995 the Blue Ribbon Study Commission on Agricultural Waste was formed. The 18 members of the Commission were asked to conduct a comprehensive study of issues related to agricultural waste management and report new legislation, implementation tools, other needs to reduce air and water quality impairments from agriculture, to the General Assembly in May 1996. On June 21, 1996 the North Carolina General Assembly ratified Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste. The act has three key sections: General Permits, Swine Farm Siting Act and the Certification Training for Operators of Animal Waste Management Systems.

General Permits

The requirements for a general permit affect every animal operation involving 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry using a liquid animal waste management system. For more discussion about the general permitting process, please refer to Chapter 8.

Swine Farm Siting

In 1995 the Swine Farm Siting Act (Senate Bill 1080) was ratified. Upon ratification of Senate Bill 1217 in June 1996, the siting requirements enacted in 1995 were strengthened. Simply put, if a facility is designed to serve more than 250 head of swine, the act applies to any construction or enlargement of a swine house, lagoon, or the land application area that occurs on or after October 1, 1995. The Swine Farm Siting Act (§106-800) amendments contained in Senate Bill 1217 became effective upon ratification.

Setbacks

Part of the Swine Farm Siting Act was the creation or enhancement of setbacks and buffers for swine houses, lagoons, and fields receiving land applications of swine waste.

Setbacks for lagoons and swine houses are:

1. 1,500 feet from any occupied residence;
   
   
2. 2,500 feet from a school, hospital, or church; and
   
   
3. 500 feet from property boundaries. The 500 feet requirement does not apply to any swine farm for which a site evaluation was conducted prior to October 1, 1996.
   
   
4. For animal waste management systems sited prior to October 1, 1996 and after October 1, 1995, the setback from property boundaries is 100 feet.

Setbacks for fields receiving land applications of swine waste are:

1. 50 feet from the boundary of property where an occupied residence is located; and
   
   
2. 50 feet from perennial streams.

Enforcement

The Swine Farm Siting Act provides for enforcement by creating a private right of action. Any person directly affected by the siting of a swine farm, as described by the setbacks described above, may bring a civil action against the swine facility seeking injunctive relief, an order enforcing the siting requirements of the Act, damages, or any combination of those remedies.

Courts are authorized to award court costs, including reasonable attorneys’ fees, and expert witnesses’ fees to any party. Where a party seeks a temporary restraining order or a temporary injunction, the court may require the requesting party to file a bond or equivalent security.

Notification

Under the revised Swine Farm Siting Act, anyone who intends to construct a farm after June 21, 1996, whose waste management system will serve more than 250 head of swine, is required to notify all adjoining property owners, including those across a public road, before beginning any construction of the farm. Notices must be sent by certified mail to the addresses listed in the county tax office of the county where the property is located. At a minimum the written notice must state:

• the name and address of the person intending to construct the swine farm,

• the type of swine farm and the design capacity of the animal waste management system,

• the name and address of the technical specialist preparing the animal waste management plan,

• the address of the local Soil and Water Conservation District office, and

• information informing all property owners entitled to notice that they may submit written comments to the Division of Water Quality in the Department of Environment, Health, and Natural Resources (DEHNR).

Exemptions

The revised Swine Farm Act allows for some exemptions to the setbacks. Specifically, activities exempt from the requirements of the Act are:

• when construction or enlargement is to increase the swine population to that predicted in the registration filed with DEHNR prior to October 1, 1995;

• when construction or enlargement is for the purpose of increasing the swine population to that which the animal waste management system is designed to accommodate as described in a registration of the swine operation filed with the DEHNR before October 1, 1995, or as described in an animal waste management plan approved before October 1, 1995.

• or when construction or enlargement is for the purpose of complying with animal waste management rules and not for the purpose of increasing the swine population.

• A swine house or swine lagoon may be located closer to residence, school, hospital, church or property boundary if written permission is given by the land owner of the property and recorded with the Register of Deeds.

Certification Training for Operators of Animal Waste Management Systems

In 1995, Senate Bill 974 was ratified, thus creating a certification program for operators of animal waste management systems serving 250 or more head of swine. The program required the operators to complete a 6-hour training course, pass an examination, and pay an annual $10 fee. In June 1996, the General Assembly passed Senate Bill 1217 and effective January 1, 1997 the certification program established by Senate Bill 974 will be repealed and a new program established.

Program Administration

The responsibility for administering the new operator certification program has been shifted from the Department of Environment, Health, and Natural Resources to the Water Pollution Control Systems Operators Certification Commission (WPCSOCC). The WPCSOCC is a commission of 11 members. Two members are from the animal agriculture industry and are appointed by the Commissioner of Agriculture. Nine members, primarily representing municipalities, are appointed by the Secretary of Environment, Health, and Natural Resources with the approval of the Environmental Management Commission. The Commission is charged with developing training in cooperation with the Department of Environment, Health, and Natural Resources—Division of Water Quality and the Cooperative Extension Service.

Program Requirements

Under the new certification program, an operator must take 10 hours of classroom training prior to taking an examination. During every subsequent 3-year period, operators must take 6 hours of additional training. Any operator who fails to take the required training within 30 days of the end of the 3-year period shall be required to take and pass the examination in order to renew the certificate. An annual fee of $10 is required. The new certification program becomes effective January 1, 1997.

Swine waste operators who have been certified under the Senate Bill 974 program will be certified under the new certification program without further preexamination training or examination; however, such operators will be subject to the new renewal requirements.

Animal waste management systems serving 250 or more head of swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system must be operated by a certified operator. Individuals who assist with the operation of the animal waste management system need not be certified as long as these individuals are under the supervision of the certified operator. If the owner or other person in charge of the animal operation is not a certified operator then they may contract with a certified operator to run the animal waste management system. The WPCSOCC will adopt rules for conducting and reporting such arrangements.

Revoking of Operator Certificate

Senate Bill 1217 gave the WPCSOCC the power to revoke or suspend the certificate of any operator. A certified operator may lose their certificate if they:

1. Engage in fraud or deceit in obtaining certification.
   
   
2. Fail to exercise reasonable care, judgment, or use of operator’s knowledge and ability in the performance of the duties of an operator in charge.
   
   
3. Are unable to properly perform the duties of an operator in charge.
   
   
4. In addition to revoking the operator’s certificate, the WPCSOCC may assess a fine of $1,000 per violation for any willful violation of the certification requirements.

Agencies Involved in Animal Waste Management

Natural Resources Conservation Service (NRCS)

1. The Natural Resources Conservation Service (NRCS) is a branch of the U.S. Department of Agriculture. It provides technical assistance for the conservation of natural resources to all citizens who request such assistance. In the area of animal waste management, NRCS provides technical assistance with the design and construction of waste treatment lagoons, waste storage facilities, and the development of waste utilization plans.
   
   
2. NRCS has technical standards for the above mentioned programs. These standards are found in the Field Office Technical Guides. These standards have been incorporated as part of the .0200 regulations administered by the Division of Water Quality. These standards set forth what is required of an animal operation in order to be considered "deemed permitted" under the regulations.

A list of all NRCS field offices in North Carolina is provided at the end of Appendix A. The NRCS works in conjunction with local Soil and Water Conservation Districts, so the listing for these two offices is the same.

North Carolina Division of Soil and Water Conservation (DSWC)

1. The Division of Soil and Water Conservation (DSWC) and the 96 soil and water conservation districts that serve North Carolina are dedicated to helping farmers and other landowners reduce soil erosion and improve water quality through proper management of their natural resources. The Division works very closely with NRCS in the design and implementation of conservation measures, as well as policy decisions concerning the most effective means of natural resource conservation and use of available funds to meet conservation goals.
   
   
2. a. The Soil and Water Conservation District Law, enacted in 1937, established the Soil and Water Conservation Districts and the Soil and Water Conservation Commission to help farmers and other landowners with the conservation and wise use of their natural resources.

b. The Agriculture Cost Share Program for Nonpoint Source Pollution Control (GS 143-215.74) was established in 1986 to reduce agricultural nonpoint source pollution. The local soil and water conservation districts provide technical assistance and cost share funds to install Best Management Practices (BMPs). BMPs include erosion control practices, livestock exclusion from streams, stream crossings, and animal waste lagoons.

c. The Procedures and Guidelines to Implement the Nondischarge Rule for Animal Waste Management Systems. This rule establishes the procedures for certification of animal waste management plans for livestock operations. Specifically addressed are: the soil and water conservation district role, approved BMPs, and designation of technical specialists.

3. The Division is responsible for performing an annual operations review of each animal waste management system that is required to maintain a certified animal waste management plan. The review is to be performed by a technical specialist employed by the Division of Soil and Water Conservation, a local Soil and Water Conservation District, or the federal Natural Resources Conservation Service. The purpose of the review is to assist owners and operators of animal waste management systems in complying with all permit requirements. The Division must submit the report of the review to the Division of Water Quality.
   
   
4. Each soil and water conservation district (SWCD) conforms to county boundaries, except for the Albemarle SWCD. The Albemarle SWCD includes Camden, Chowan, Currituck, Pasquotank, and Perquimans counties. There is a district office in each county seat across the state. Telephone numbers are listed under "County Government — Soil and Water Conservation District Office." The phone numbers for these offices are the same as those listed for the NRCS field offices and can be found at the end of Appendix A.

The division has a regional coordinator and at least one environmental engineer and engineering technician available at each North Carolina DEHNR regional office. In addition, the Raleigh, Asheville, Winston-Salem, and Wilmington offices have regional soil scientists. This staff provides additional technical support for the districts. Below are the phone numbers for each regional office.

Division of Soil and Water Conservation — Regional Staff

Asheville Regional Office: 910-251-6208

Fayetteville Regional Office: 910-486-1541

Raleigh Regional Office: 919-571-4700

Mooresville Regional Office: 910-663-1699

Washington Regional Office: 919-946-6481

Wilmington Regional Office: 910-395-3900

also staff in Morehead City: 919-726-7021

and Goldsboro: 919-734-0961

Winston-Salem Regional Office: 910-761-2390

North Carolina Division of Water Quality (DWQ)

The Division of Water Quality (DWQ) was formerly a part of the Division of Environmental Management (DEM). On July 1, 1996 the Division of Environmental Management was divided into the Division of Air Quality and the Division of Water Quality. The Division of Water Quality is responsible for developing and regulating water quality standards for the surface waters of North Carolina. It issues permits for dischargers into surface waters, and also issues nondischarge permits for other types of waste application onto the land.

The Division has seven regional offices across the state to administer its programs. The staff evaluate new projects to ensure that the most environmentally sound alternative is chosen. The staff perform routine and emergency water quality sampling to ensure that the surface waters are supporting their designated uses. The staff also perform inspections of permitted systems and respond to complaints that involve water quality concerns.

This agency also administers the nondischarge regulations (known as the .0200 regs.). These regulations require all animal facilities with over the threshold number of animals previously listed to have an approved waste management plan completed by a technical specialist by December 31, 1997. Failure to do so will result in enforcement action, as previously described. The agency is also responsible for inspecting the waste management systems at animal operations and taking appropriate action should a facility be out of compliance with the rules.

The DWQ central office can be reached at 919-733-5083.

Mail address: Division of Water Quality, PO Box 29535, Raleigh, NC 27626-0535

The Technical Assistance and Certification Group of DWQ can be reached at 919-733-0026. This group is responsible for administering the certification examination for animal waste operators and issuing certificates and renewals for operators in charge of animal waste management systems.

Following is a list of the DWQ regional offices along with a map showing the counties under the jurisdiction of each regional office.

1. Asheville Regional Office: Woodfin Place, Asheville, NC 28801; 704-251-6208; FAX 704-251-6098
   
   
2. Winston-Salem Regional Office: Waughtown Street, Winston-Salem, NC 27107; 910-771-4600; FAX 910-771-4631
   
   
3. Raleigh Regional Office: Barrett Drive, Raleigh, NC 27609; 919-571-4700; FAX 919-571-4718
   
   
4. Washington Regional Office: Carolina Avenue, Washington, NC 27889; 919-946-6481; FAX 919-975-3716
   
   
5. Mooresville Regional Office: North Main Street, Mooresville, NC 28115; 704-663-1699; FAX 704-663-6040
   
   
6. Fayetteville Regional Office: Wachovia building, Suite 714, Fayetteville, NC 28301; 910-486-1541; FAX 910-486-0707
   
   
7. Wilmington Regional Office: Cardinal, Wilmington, NC 28405-3845; 910-395-3900; FAX 910-350-2004
   

North Carolina Department of Agriculture (NCDA)

The North Carolina Department of Agriculture is a highly diverse state agency providing laboratory testing, agronomic field services, natural resource management, pesticide regulations, plant and pest control, agricultural statistics, and research, teaching, and demonstration farms among its many divisions and sections. The Department’s role with animal production ranges from development of regulations, disease control, waste management and soil testing, determining proper agronomic rates for waste application, providing technical specialists to assist operators in developing plans, training technical specialists on waste utilization methods, testing feeds and fertilizers, pest control on application sites, and managing research and demonstration facilities around the state.

Agronomic Services

The Agronomic Division provides soil, plant, waste, solution, and nematode diagnostic and advisory services for all citizens. The Division also conducts educational programs for technical specialists, farm owners and operators, and others on the proper sampling methods, how to use test information in a productive and protective manner, and agronomic rates necessary to meet the nondischarge regulations. Regional agronomists provide field services to farmers and others to help them implement management recommendations in the most cost effective and environmentally safe way.

The Agronomic Division office is in Raleigh at:

Agronomic Division, NCDA
4300 Reedy Creek Road
Raleigh, NC 27607-6465
919-733-2655

Regional Agronomists are located throughout the state. The map below shows the regions covered by the NCDA Regional Agronomists.

1. Plymouth Regional Office: Tidewater Research Station, Plymouth, NC 27692; 919-793-4118
   
   
2. Nashville Regional Office: South NC 58, Nashville, NC 27856; 919-443-4404
   
   
3. Kinston Regional Office: Box 801, Kinston, NC 28502-0801; 919-523-2949
   
   
4. Bladenboro Regional Office: Old NC 41, Bladenboro, NC 28320; 910-866-5485
   
   
5. Burlington Regional Office: Fairview Street, Burlington, NC 27215; 910-570-6850
   
   
6. Mt. Ulla Regional Office: Lentz Rd., Mt. Ulla, NC 28125; 704-278-9414
   
   
7. Hudson Regional Office: Pine Mountain Rd., Hudson, NC 28638; 704-728-4675
   
   
8. Waynesville Regional Office: Rt. 3, Box 264, Waynesville, NC 28786; 704-456-3943

Aquaculture and Natural Resources

This Division provides assistance in matters of aquaculture, environmental regulation, and natural resource management. The Division provides a liaison with farmers, producer organizations, and other agencies. This agency can be reached at:

Aquaculture and Natural Resources Division, NCDA
P.O. Box 27647
Raleigh, NC 27611-7647
919-733-7125

Veterinary Division

The Veterinary Division monitors diseases and administers animal health programs. Permits for certain dead animal disposal systems are handled by this Division. Inspectors are provided to check processing and slaughtering facilities. This Division also administers the Animal Welfare Act. This agency can be contacted at:

Veterinary Division, NCDA
P.O. Box 27647
Raleigh, NC 27611-7647
919-733-7601

Food and Drug Protection Division

This Division assures consumers that foods, feeds, drugs, cosmetics, and pesticides are safe and properly labeled. It includes forage testing for animal feeds and pesticide application, storage, and applicator licensing. This agency can be contacted at:

Food and Drug Protection Division, NCDA
P.O. Box 27647
Raleigh, NC 27611-7647
919-733-3556

North Carolina Cooperative Extension Service (NCCES)

The North Carolina Cooperative Extension Service (NCCES) is a unique educational system with support from county, state, and federal governments and close ties to the state’s two land grant universities — North Carolina State University and North Carolina A&T State University. The N.C. Cooperative Extension Service has educational centers located in every county and on the Cherokee Indian reservation. Each center has a staff with technical and programmatic responsibilities to serve the needs of their clients. Program development and implementation is based on local client need and input through advisory committees, personal contacts, availability of resources, and potential impact.

The Cooperative Extension Service is a nonregulatory organization that provides information on soil, crop, livestock, and poultry programs to agricultural producers. The role in animal waste management (in addition to research) includes the development and implementation of training programs for producers on the various types of waste management systems. Training includes information on animal waste sampling, soil sampling, waste application; calibration, and nutrient and crop management. The organization also provides other technical support for agriculture not directly related to waste management.

A list of the extension offices, addresses and phone numbers is provided at the end of Appendix A.

Integrators

If you contract with one of the number of larger integrators in the state, there may be staff with that corporation that are involved with the waste handling component of your operation. There also may be requirements of that corporation that you have agreed to, verbally or in written contract, or by policy statement from the corporation. Whatever the agreement, you need to completely understand the relationship you have with that company, and who is responsible for what at your operation. The phone number of the appropriate individuals with these companies should also be on your list of resource people.

County Health Director

This individual supervises a department that oversees basic health services to each county. This includes drinking water, on-site sewage, restaurant sanitation, milk sanitation, and disease control. The health director has the authority to determine if a situation constitutes an "imminent health hazard," that is one that would place the general public in peril. Examples of such instances include closure of a restaurant, public swimming area, or school. In the event of a discharge of animal waste where a drinking water supply or public recreation area are subject to be impacted, the health director can declare an animal operation to be such a hazard, and order the pollution eliminated immediately. This may include, in severe cases, complete closure of the operation so that no further discharge of wastes is possible.

You should be able to locate the phone number for your county’s health director in the yellow pages of your phone book under the county government section.

County Emergency Management System (EMS)

The EMS system serves as a "hotline" number that can be used for emergencies of many types. It is necessary to know the local phone number for such occurrences as employee accidents. The EMS system may dispatch medical assistance to these types of emergencies. For other emergencies such as a large waste spill, EMS will contact other appropriate agencies as necessary. A list of phone numbers for the county emergency management system is provided at the end of Appendix A.

Government Agency Contacts for Various Activities

The lists supplied in this chapter are a valuable resource for you as an owner or operator of an operation that raises animals and handles the waste products from those animals. You should use these lists as a basis to develop your own local contacts. Make an appropriate list, and make sure it is posted by all phones and is given to every employee at the facility. Furthermore, you should know who to contact for what emergencies. The following chart lists activities that may occur at an animal operation and the appropriate agencies to be contacted in each case. It is not always necessary to contact all the agencies listed below for each of the activities.

List of Acronyms:

CES — Cooperative Extension Service

CFSA — Consolidated Farm Service Agency

DSWC — Division of Soil and Water Conservation

DWQ — Division of Water Quality

EMS — Emergency Management System

NCDA — North Carolina Department of Agriculture

NRCS — Natural Resources Conservation Service

P.E. — North Carolina Registered Professional Engineer

SWCD — Soil and Water Conservation District