Permit Applications and Permits

The Environmental Management Commission (EMC) approves the form for permit applications and the duration of permits issued. All permit applications must contain an animal waste management system plan approved by a technical specialist. The animal waste management plans required by Senate Bill 1217 must include all of the following eight elements:

• ODOR CONTROL: A checklist of potential odor sources and a choice of site-specific, cost-effective best management practices to minimize those sources.

• INSECT CONTROL: A checklist of potential insect sources and a choice of site-specific, cost-effective best management practices to minimize insect problems.

• ANIMAL MORTALITY: Provisions that set forth acceptable methods for disposing of dead animals.

• RIPARIAN BUFFERS: Best management practices for riparian buffers or equivalent controls, particularly along perennial streams.

• EMERGENCY MANAGEMENT PLANS: Provisions for the use of emergency spillways and site-specific emergency management plans that set forth operating procedures to follow during emergencies in order to minimize environmental damage.

• WASTE AND SOIL TESTING: Provisions for periodic waste and soil testing. Waste products used as nutrient sources must be tested as close to the time of application as practical and within at least 60 days of the date of application; Soils at the application sites must be tested annually with nitrogen used as the rate-determining element; and Zinc and copper levels must be monitored, with plans for alternative sites when zinc and copper levels approach excessive levels.

• APPLICATION RATES: Provisions to balance nitrogen application with nitrogen utilization. Lime must be applied to maintain an optimum pH for crop production. Corrective actions must be identified if testing reveals an imbalance.

• RECORD KEEPING: The plan must include the completion and maintenance of records on forms approved by DEHNR. Included must be the information developed for the Emergency Management Plan and Waste and Soil Testing, above, together with application dates and rates for each application site. Records, except those required of dry litter systems, must be maintained for five years in accordance with the Natural Resources Conservation Service standard for Waste Utilization Plans (Standard # 633).

Application to Dry Litter Systems

Senate Bill 1217 does not require a general permit for dry litter systems; instead, these systems will continue to operate on a deemed permitted basis under 15A N.C.A.C. 2H .0217. However, animal operations with dry litter management systems serving 30,000 or more birds must develop animal waste management plans by no later than January 1, 1998, and those plans must comply with Waste and Soil Testing, Applications Rates, and Record Keeping, above. The records established must be kept on site for three years.

Operations Reviews

An annual operations review is required by Senate Bill 1217. The technical specialist will prepare a report to meet the needs of the Division of Water Quality (DWQ), and will submit to DWQ within 10 days following the operations review. Additionally, violations described in the next section must be reported immediately to DWQ.

Operations reviews may only be conducted by technical specialists who are:

• employees of the Division of Soil and Water Conservation;

• employees of a local Soil and Water Conservation District; or

• employees of the federal Natural Resources Conservation Service who are working under the direction of the Division of Soil and Water Conservation.

Technical specialists employed by the North Carolina Extension Service or who work in the private sector may not perform operations reviews.

Mandatory Reporting

Senate Bill 1217 requires that certain violations be reported immediately. The reporting requirement applies to any employee of a state agency or a unit of local government and is not limited to technical specialists who perform operations reviews. The bill requires any state or local government employee who is "lawfully on the premises and engaged in activities relating to the animal operation" to immediately report the following violations:

• Any direct discharge of animal waste into waters of the state.

• Any deterioration or leak in a lagoon system that poses an immediate threat to the environment.

• Failure to maintain adequate storage capacity in a lagoon that poses an immediate threat to public health or the environment.

• Overspraying animal waste either in excess of the limits set out in the animal waste management plan or where runoff enters waters of the state.

• Any discharge that bypasses a lagoon system.

Reports of the violations are to be made to the owner or operator of the animal operation and the DWQ regional office. Employees of federal agencies are encouraged, but not required, to make immediate reports of violations.
The mandatory reporting requirement became effective upon ratification of the Senate Bill 1217 on June 21, 1996.

Annual Farm Inspections

New section 143-215.10F of the N.C. General Statutes requires that DWQ inspect each animal operation at least once each year for:

• violations of water-quality standards;

• animal waste management plan compliance; and

• any other permit condition. This requirement is in addition to the annual operations review conducted by a technical specialist.

Annual Permit Fees

Senate Bill 1217 requires that every animal operation pay an annual fee ranging from $50 and $200, depending upon the size of the operation. The fee is:

• $50 for operations with a steady-state live weight design capacity of 38,500 to 100,000 pounds;

• $100 for operations with a steady-state live weight design capacity of 100,000 to 800,000 pounds; and

• $200 for operations with a steady-state live weight design capacity greater than 800,000 pounds.

The new fee schedule became effective on January 1, 1997.

Penalties

Senate Bill 1217 increased from $5,000 to $10,000 the penalty for a first offense for man-made pipes, ditches, or other conveyances constructed for the willful discharging of pollutants to the waters of the states. The higher penalty became effective June 21, 1996.

Following is a list of the DEHNR-Division of Water Quality 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

Prepared by T. Feitshans And D.A. Crouse, North Carolina Cooperative Extension Service Specialists,
North Carolina State University, Raleigh, North Carolina

Direct questions or comments to Ted_Feitshans@ncsu.edu or David_Crouse@ncsu.edu

NCCES is based at North Carolinas two land-grant institutions: North Carolina State University and North Carolina A&T State University. Cooperative Extension Centers are located in all 100 counties and on the Cherokee Indian Reservation.

Last modified: April 1997
Joan_Gosper@ncsu.edu