§ 143-215.10C. Applications and permits.
§ 143‑215.10C. Applications and permits.
(a) No person shallconstruct or operate an animal waste management system for an animal operationor operate an animal waste management system for a dry litter poultry facilitythat is required to be permitted under 40 Code of Federal Regulations § 122, asamended at 73 Federal Register 70418 (November 20, 2008), without firstobtaining an individual permit or a general permit under this Article. TheCommission shall develop a system of individual and general permits for animaloperations and dry litter poultry facilities based on species, number ofanimals, and other relevant factors. It is the intent of the General Assemblythat most animal waste management systems be permitted under a general permit.The Commission, in its discretion, may require that an animal waste managementsystem be permitted under an individual permit if the Commission determinesthat an individual permit is necessary to protect water quality, public health,or the environment. The owner or operator of an animal operation shall submitan application for a permit at least 180 days prior to construction of a newanimal waste management system or expansion of an existing animal wastemanagement system and shall obtain the permit prior to commencement of theconstruction or expansion. The owner or operator of a dry litter poultryfacility that is required to be permitted under 40 Code of Federal Regulations§ 122, as amended at 73 Federal Register 70418 (November 20, 2008), shallsubmit an application for a permit at least 180 days prior to operation of anew animal waste management system.
(a1) An owner or operatorof an animal waste management system for an animal operation or a dry litterpoultry facility that is required to be permitted under 40 Code of FederalRegulations § 122, as amended at 73 Federal Register 70418 (November 20, 2008),shall apply for an individual National Pollutant Discharge Elimination System(NPDES) permit or a general NPDES permit under this Article and may not dischargeinto waters of the State except in compliance with an NPDES permit.
(b) An animal wastemanagement system that is not required to be permitted under 40 Code of FederalRegulations § 122, as amended at 73 Federal Register 70418 (November 20, 2008),shall be designed, constructed, and operated so that the animal operationserved by the animal waste management system does not cause pollution in thewaters of the State except as may result because of rainfall from a storm eventmore severe than the 25‑year, 24‑hour storm.
(b1) An existing animalwaste management system that is required to be permitted under 40 Code ofFederal Regulations § 122, as amended at 73 Federal Register 70418 (November20, 2008), shall be designed, constructed, maintained, and operated inaccordance with 40 Code of Federal Regulations § 412, as amended at 73 FederalRegister 70418 (November 20, 2008), so that the animal operation served by theanimal waste management system does not cause pollution in waters of the Stateexcept as may result because of rainfall from a storm event more severe thanthe 25‑year, 24‑hour storm. A new animal operation or dry litterpoultry facility that is required to be permitted under 40 Code of FederalRegulations § 412.46, as amended at 73 Federal Register 70418 (November 20,2008), shall be designed, constructed, maintained, and operated so that thereis no discharge of pollutants to waters of the State.
(c) The Commissionshall act on a permit application as quickly as possible and may conduct anyinquiry or investigation it considers necessary before acting on anapplication.
(d) All applicationsfor permits or for renewal of an existing permit shall be in writing, and theCommission may prescribe the form of the applications. All applications shallinclude an animal waste management system plan approved by a technicalspecialist. The Commission may require an applicant to submit additionalinformation the Commission considers necessary to evaluate the application.Permits and renewals issued pursuant to this section shall be effective untilthe date specified therein or until rescinded unless modified or revoked by theCommission.
(e) An animal wastemanagement plan for an animal operation shall include all of the followingcomponents:
(1) A checklist of potentialodor sources and a choice of site‑specific, cost‑effective remedialbest management practices to minimize those sources.
(2) A checklist ofpotential insect sources and a choice of site‑specific, cost‑effectivebest management practices to minimize insect problems.
(3) Provisions that setforth acceptable methods of disposing of mortalities.
(4) Provisions regardingbest management practices for riparian buffers or equivalent controls,particularly along perennial streams.
(5) Provisions regardingthe use of emergency spillways and site‑specific emergency managementplans that set forth operating procedures to follow during emergencies in orderto minimize the risk of environmental damage.
(6) Provisions regardingperiodic testing of waste products used as nutrient sources as close to thetime of application as practical and at least within 60 days of the date ofapplication and periodic testing, at least annually, of soils at crop siteswhere the waste products are applied. Nitrogen shall be a rate‑determiningelement. Phosphorus shall be evaluated according to the nutrient managementstandard approved by the Soil and Water Conservation Commission and the NaturalResources Conservation Service of the United States Department of Agriculturefor facilities that are required to be permitted under 40 Code of FederalRegulations § 122, as amended at 73 Federal Register 70418 (November 20, 2008).If the evaluation demonstrates the need to limit the application of phosphorusin order to comply with the nutrient management standard, then phosphorus shallbe a rate‑determining element. Zinc and copper levels in the soils shallbe monitored, and alternative crop sites shall be used when these metalsapproach excess levels.
(7) Provisions regardingwaste utilization plans that assure a balance between nitrogen applicationrates and nitrogen crop requirements, that assure that lime is applied tomaintain pH in the optimum range for crop production, and that includecorrective action, including revisions to the waste utilization plan based ondata of crop yields and crops analysis, that will be taken if this balance isnot achieved as determined by testing conducted pursuant to subdivision (6) ofthis subsection.
(8) Provisions regardingthe completion and maintenance of records on forms developed by the Department,which records shall include information addressed in subdivisions (6) and (7)of this subsection, including the dates and rates that waste products areapplied to soils at crop sites, and shall be made available upon request by theDepartment.
(f) Any owner oroperator of a dry litter poultry facility that is not required to be permittedunder 40 Code of Federal Regulations § 122, as amended at 73 Federal Register70418 (November 20, 2008), but that involves 30,000 or more birds shall developan animal waste management plan that complies with the testing and record‑keepingrequirements under subdivisions (6) through (8) of subsection (e) of thissection. Any operator of this type of animal waste management system shallretain records required under this section and by the Department on‑sitefor three years.
(f1) An animal wastemanagement plan for a dry litter poultry facility required to be permittedunder 40 Code of Federal Regulations § 122, as amended at 73 Federal Register70418 (November 20, 2008), shall include the components set out in subdivisions(3), (6), (7), and (8) of subsection (e) of this section, and to the extentrequired by 40 Code of Federal Regulations § 122, as amended at 73 Federal Register70418 (November 20, 2008), for land application discharges, subdivision (4) ofsubsection (e) of this section.
(g) The Commissionshall encourage the development of alternative and innovative animal wastemanagement technologies. The Commission shall provide sufficient flexibility inthe regulatory process to allow for the timely evaluation of alternative andinnovative animal waste management technologies and shall encourage operatorsof animal waste management systems to participate in the evaluation of thesetechnologies. The Commission shall provide sufficient flexibility in theregulatory process to allow for the prompt implementation of alternative andinnovative animal waste management technologies that are demonstrated toprovide improved protection to public health and the environment.
(h) The owner oroperator of an animal waste management system shall:
(1) In the event of adischarge of 1,000 gallons or more of animal waste to the surface waters of theState, issue a press release to all print and electronic news media thatprovide general coverage in the county where the discharge occurred setting outthe details of the discharge. The owner or operator shall issue the pressrelease within 48 hours after the owner or operator has determined that thedischarge has reached the surface waters of the State. The owner or operatorshall retain a copy of the press release and a list of the news media to whichit was distributed for at least one year after the discharge and shall providea copy of the press release and the list of the news media to which it wasdistributed to any person upon request.
(2) In the event of adischarge of 15,000 gallons or more of animal waste to the surface waters ofthe State, publish a notice of the discharge in a newspaper having generalcirculation in the county in which the discharge occurs and in each countydownstream from the point of discharge that is significantly affected by thedischarge. The Secretary shall determine, at the Secretary's sole discretion,which counties are significantly affected by the discharge and shall approvethe form and content of the notice and the newspapers in which the notice is tobe published. The notice shall be captioned "NOTICE OF DISCHARGE OF ANIMALWASTE". The owner or operator shall publish the notice within 10 daysafter the Secretary has determined the counties that are significantly affectedby the discharge and approved the form and content of the notice and thenewspapers in which the notice is to be published. The owner or operator shallfile a copy of the notice and proof of publication with the Department within30 days after the notice is published. Publication of a notice of dischargeunder this subdivision is in addition to the requirement to issue a pressrelease under subdivision (1) of this subsection.
(i) A person whoobtains an individual permit under G.S. 143‑215.1 for an animal wastemanagement system that serves a public livestock market shall not be requiredto obtain a permit under this Part and is not subject to the requirements ofthis Part. (1995(Reg. Sess., 1996), c. 626, s. 1; 1997‑458, s. 9.2; 1999‑329, s.8.2; 1999‑456, s. 68; 2001‑254, ss. 3, 4; 2001‑326, s. 2;2004‑176, s. 2; 2009‑92, s. 1.)