SoilNotesTable of Contents |
Legal Implications of Livestock
Waste
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The responsibility for administering the new operator certification program has been shifted from the Department of Environment, Health and Natural Resources to the 11-member Water Pollution Control Systems Operators Certification Commission (WPCSOCC). Two members, from the animal agriculture industry, 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 North Carolina Cooperative Extension Service.
Under the new certification program, an operator must take 10 hours of classroom training before 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 became effective January 1, 1997.
Swine waste operators certified under the Senate Bill 974 program will be certified under the new program without further pre-examination training or examination. However, they 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. Assistants 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 he or she may contract with a certified operator to run the animal waste management system. The WPCSOCC is in the process of adopting rules for conducting and reporting such arrangements.
Senate Bill 1217 gave the WPCSOCC the power to revoke or suspend the certificate of any operator. Certified operators may lose their certificate if they:
In addition to revoking the operators's certificate, the WPCSOCC may assess a fine of $1,000 per violation for any willful violation of the certification requirements.
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