Animal Waste Management in the Department of Biological and Agriclutural Engineering
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Animal Waste Management

This NC Extension page provides information and links about animal waste management as it pertains to the History of Livestock Environmental Regulations. This page is presented by the Department of Biological and Agricultural Engineering in conjunction with the College of Agricultural and Life Sciences Waste Management Programs at NC State University.

This is a history of water quality rules and regulations for animal waste management systems on livestock farms in North Carolina to 1999. It was prepared by James C. Barker, Emeritus Professor Biological and Agricultural Engineer, North Carolina State University.

FEDERAL

Water Pollution Control Act ( 1972 ) EPA - NPDES

  • Concentrated animal feeding operation : a feedlot or facility where animals or birds are confined, fed and maintained for at least 45 days per year and where vegetation is not sustained over any portion of the feedlot during the normal growing season.
  • Must obtain a National Pollutant Discharge Elimination System (NPDES) permit if a direct discharge of pollutants into surface waters of the state occurs.
  • Any farmer directly discharging wastes or failing to control stormwater runoff from feedlots without a permit would be in violation and subject to enforcement action.

 

NORTH CAROLINA

Water Quality Standards ( about 1950 )

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

Agricultural Nuisance Suit Law ( 1979 )

House Bill 481

  • An agricultural operation will not become a nuisance because of changed conditions in the locality if it has been operating for more than one year and has been managed properly.
  • If the agricultural operation was outside the corporate limits of a city on March 26, 1979 and if it is managed properly and without negligence, then all present and future local ordinances that would make the operation a nuisance are null and void.
  • Protection is not provided where water pollution occurs.

Water Supply Watershed Protection Act ( 1989 )

House Bill 156

  • Addresses animal production farms meeting the following criteria:
    1. 100 animal units or greater, and
    2. located in a Class WS-I watershed or in the Critical Area of a Class WS-11, WS-111, or WS-IV watershed.
    3. Critical Area defined as all land area within one-half mile upstream and draining toward a water supply reservoir or a water supply intake point.
  • Farms meeting these criteria are required to use best management practices for water quality protection by July 1, 1994.

Wilful Discharge Act( 1992 )

Senate Bill 386

  • A livestock farm operator may be fined up to $5,000 immediately for a wilful or deliberate discharge of pollutants to surface waters of the state. ( This fine was increased to $10,000 by Senate Bill 1217 in 1996. )

Water Quality Nondischarge Rules - 0.0200 Rules ( 1992)

15A NCAC 2H.0200

  • Addresses livestock farms meeting the following criteria :
    • Feedlot : any lot, building orcombination 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.
      • Animal threshold numbers:
        • Cattle 100 head
        • Swine 250 head
        • Horse 75 head
        • Sheep 1000 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 register their farm with the North Carolina Division of Environmental Management (DEM) by December 31, 1993.
  • All existing farms not subject to registration 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" approved by the North Carolina Soil and Water Conservation Commission (SWCC). The best management practices comprising the plan must meet the applicable standards and specifications of the USDA Soil Conservation Service (SCS) Field Office Technical Guide or the standard of practices adopted by the Soil and Water Conservation Commission.
  • One copy of the certification from must be submitted to the Division of Environmental Management. One copy of the certification form and one copy of the approved waste management plan must be submitted to the local Soil and Water Conservation District (SWCD) office.
  • Animal waste management facilities or feedlots on new or expanded farms subject to registration must be at least 100 feet away from perennial waters of the state.
  • Land application of liquid animal wastes cannot exceed agronomic rates and must have a permanently vegetated buffer of at least 25 feet between application area and perennial waters.
  • Perennial waters of the state are defined by a blue line on the most recent version of the U.S.Geological Survey (USGS) 1:24,000 (7.5 minute) scale topographic maps.
  • Poultry dry litter systems are not required to be registered or to obtain a certified waste management plan as long as they fulfil the following criteria:
    1. maintain records for one year of dates the litter was removed, estimated amount of litter removed, and location of the sites where the litter was applied,
    2. apply litter within agronomic rates,
    3. maintain at least a 100-feet buffer between stockpiled litter and perennial waters,
    4. keep a record of the name, address, and phone number of third-party or custom applicators.

Swine Odor Task Force( 1993 )

  • N.C. legislature appropriated $85,000 from the FY 93-94 General Fund for NCARS at NCSU to perform a technical study on the cause, extent, and abatement of odors from swine farms and to compile information on the impact of swine farms on ground and surface water supplies.
  • The focus of the research :
    1. to offer economically feasible solutions to existing operations for odor reduction,
    2. to offer economically feasible solutions that may be incorporated into new swine operations or reduction of odor,
    3. to review the information available on the impact of swine farms on ground and surface water supplies and propose economically feasible solutions, and
    4. to identify areas needing further research to ensure the availability of economically feasible solutions for reduction of swine farm odor and wastewater.
  • NCARS shall file its final report and recommendations with the Offices of the President ProTem of the Senate, Speaker of the House of epresentatives, Chair of the House Agriculture Committee, and Chair of the Senate Committee on Agriculture, Marine Resources, and Wildlife

Livestock and Poultry Waste Storage Pond/Lagoon Inspections ( 1995 )

  • All livestock and poultry waste storage ponds / treatment lagoons must be inspected by member of CES, NRCS, DSWC, or SWCD for capacity levels and dam/dike integrity by end of July 21.
  • Farms determined to be problematic will be flagged and reported to DEM.
    · DEM will prioritize farms reported by preliminary inspection and will visit each farm starting with most severe. DEM plans to visit all farms with greater than 500 animals with a lagoon.
  • During the DEM inspection, they can give the farmer permission to pump the lagoon by irrigation if deemed necessary to relieve pressure on the dam, but only at controlled rates under the advice of a nutrient management specialist.
  • If a farm is an Existing Registered facility, a Discharge from their lagoon will subject them to a Notice of Violation and Loss of their Deemed Permitted status. This notice requires their operation to cease discharge, take action to prevent it from recurring, and to obtain a certified waste management plan in a number of days as specified in a letter (usually 60 days).
  • If a farm is New or Existing and has submitted their Certification Form to DEM, a Discharge from their waste lagoon will subject them to a Notice of Violation and Possible enforcement for failure to follow their Certified Waste Management Plan.
  • Approximately $1.5 million appropriated for additional DEM enforcement activities related to livestock waste management systems and for DSWC cost-share assistance. Eight additional DEM staff persons were hired to inspect livestock farms.

Livestock Farm Setback and Buffer Rules ( 1995 )

Senate Bill 1080

  • Confined livestock production facilities or waste storage/treatment facilities must be at least 1,500 feet from a residence not owned by the farm, or 2,500 feet from a church, school, or place of public assembly.
  • Confined livestock production facilities or waste storage/treatment facilities must be at least 100 feet from property boundaries.
  • Land application of livestock wastes or wastewaters must not be closer than 50 feet to residential property boundaries or perennial streams.

Swine aste Treatment Operator Training and Certification ( 1995 )

Senate Bill 974

  • All registered swine farm waste treatment system operators are required to attend six hours of training and instruction on the management of their waste treatment plan, pass a certification test valid for five years, and pay an annual fee of $10.

Prelitigation Farm Mediation( 1995 )

  • Legislation requiring that before a nuisance suit can be filed against a farmer, both parties must sit down with a trained mediator to try to work out the problem. If no solution can be reached, then legal action may proceed as usual.

Blue Ribbon Study Commission on Agricultural Waste ( 1995-96 )

  • A study commission appointed by the Governor, the Speaker of the House, and the President Pro-Tem of the Senate, each appointing six members, to further study agricultural waste in North Carolina and to make additional recommendations if needed.

Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste ( 1996 )

Senate Bill 1217

  • The North Carolina Environmental Management Commission shall develop a system of general permits for animal operations based on species, number of animals, and other relevant factors
  • Farm animal waste management plans shall include all of the following:
    1. a checklist of potential odor sources and a choice of site-specific, cost-effective remedial best management practices to minimize those sources.
    2. a checklist of potential insect sources and a choice of site-specific, cost-effective best management practices to minimize insect problems.
    3. acceptable methods of disposing of mortalities.
    4. best management practices for riparian buffers or equivalent controls, particularly along perennial streams.
    5. use of emergency spillways and site-specific emergency management plans with operating procedures to follow during emergencies to minimize risk of environmental damage.
    6. periodic testing of waste products used as nutrient sources as close to the time of application as practical and at least within 60 days of the date of application, and periodic testing, at least annually, of soils at crop sites where the waste products are applied.
    7. waste utilization plans that assure a balance between nitrogen application rates and nitrogen crop requirements, that assure that lime is applied to maintain pH in the optimum range for crop production, and that include corrective action, including revisions to the waste utilization plan based on data of crop yields and crops analysis, that will be taken if this balance is not achieved as determined by testing. 8) the completion and maintenance of records with information addressed in (6) and (7), including dates and rates that waste products are applied to soils at crop sites.
  • Poultry operators with dry litter systems shall develop an animal waste management plan that complies with the testing and record-keeping requirements under items (6) through (8) of the previous section by January 1, 1998. Records shall be retained onsite for at least three years.
  • Each animal operation shall have an operations review of its waste management plan conducted at least once per year by a technical specialist under the direction of the Division of Soil and Water Conservation.
  • Any employee of a State agency or unit of local government lawfully on the premises and engaged in activities relating to the animal operation who observes a violation resulting in a discharge of animal waste into waters of the State or a condition likely to cause a discharge, shall immediately notify owner or operator and Division of Environmental Management.
  • The Division of Environmental Management shall conduct inspections of all animal operations that are subject to a permit at least once per year.
  • The Department shall charge an annual fee of all animal operations that are subject to a permit according to the following schedule:
    1. a system with a design capacity of 38,500 or more pounds steady state live weight and less than 100,000 pounds - fifty dollars $50.00) .
    2. a system with a design capacity of 100,000 or more pounds steady state live weight and less than 800,000 pounds - one hundred dollars ($100.00) .
    3. a system with a design capacity of 800,000 pounds or more steady state live weight two hundred dollars ($200.00) .
  • ·All certification & training of animal waste management system operators shall be administered by North Carolina Water Pollution Control System Operators Certification Commission.
  • All registered livestock and poultry farms must have a certified animal waste treatment operator in charge of the animal waste management system. Certification includes:
    1. successful completion of 10 hours of classroom instruction,
    2. passing an examination,
    3. completion of 6 hours of approved additional training during each 3-year period following initial certification, and
    4. payment of an initial $10 fee, plus an annual renewal fee of $10.
  • A swine house or a lagoon that is a component of a swine farm that does not have a completed site evaluation before October 1, 1996 shall be located at least 500 feet from any property boundary on which an occupied residence is located.
  • Any person intending to construct a swine farm shall, after completing a site evaluation, attempt to notify all adjoining property owners and all property owners located across a public road, street, or highway of that person's intent. The written notice shall include :
    1. name and address of person intending to construct swine farm,
    2. type of swine farm and design capacity of animal waste management system,
    3. name and address of technical specialist preparing waste management plan,
    4. address of local Soil and Water Conservation District office, and
    5. information that adjoining property owners may submit written comments to the Division of Environmental Management.

Clean Water Responsibility and Environmentally Sound Policy Act (1997)

House Bill 515

  • Establishes a moratorium from January 1997 to March 1999 on new or expanding swine farms or lagoons in counties that :
    1. have a population of less than 75,000,
    2. have more than $150,000,000 of expenditures for travel and tourism, and
    3. are not in the coastal area.
  • Effective March 1999, no new swine farm meeting the above criteria will be permitted except by an individual permit; no other exemptions.
  • Establishes a moratorium from March 1997 to March 1999 on new or expanding swine farms or lagoons in all counties except:
    1. those farms where construction and expenditures from a loan or line of credit have already begun, and
    2. those farms using an innovative waste management system other than an anaerobic lagoon.
  • · Establishes agricultural zoning authority by counties. County governments :
    1. may adopt zoning regulations for swine farms with 600,000 pounds steady-state live weight or greater,
    2. may not exclude all new swine farms from entire zoning jurisdiction,
    3. may not prohibit continuance of existing farms.
  • Environmental Management Commission shall adopt a rule by March 1999 to regulate odor emissions if odor control technology is economically feasible.
  • Municipal wastewater treatment works discharging 500,000 gpd or more into nutrient sensitive waters must meet by January 2003 effluent limitations of :
    1. 5.5 mg/L total nitrogen, and
    2. 2.0 mg/L total phosphorus
  • Stormwater management
  • Basinwide water quality management plans must be completed.
  • Authorizes a study of nutrient applicators' certification.
  • Requires development of a graduated violation points system for swine operators.
  • Requires a plan to be developed to phase out use of swine lagoons and sprayfields.

Swine Integrator Registration and Moratorium Extension Act (1998)

House Bill 1480

  • A grower must register with the Department of Environment and Natural Resources any swine operation integrator with which the grower has a contractual relationship to raise swine.
  • The registration shall be in writing and include:
    1. Name of the owner of the swine farm
    2. Mailing address of the owner of the swine farm
    3. Physical location of the swine farm
    4. Swine farm facility number
    5. Description of the animal waste management system for the swine farm
    6. Name and address of the grower, if different from the owner of the swine farm
    7. Name and mailing address of the integrator.
  • If the swine operation integrator or grower terminates their contractual relationship to raise swine or if the grower enters into a contractual relationship with a different integrator, the grower shall notify the DENR of the termination or change within 30 days.
  • DENR shall notify a swine operation integrator of all notices of deficiencies and violations of laws and rules governing the animal waste management system at any swine farm for which the integrator has been registered.
  • The established moratorium on the construction or expansion of swine farms and on lagoons and animal waste management systems for swine farms is extended from March 1999 to September 1999.
  • The moratorium does not prohibit construction or expansion of an animal waste management system that does not employ an anaerobic lagoon as the primary method of treatment, does not employ land application of waste except by injection into soil or by surface application if the injection or surface application meets the following requirements:
    1. Eliminate the discharge of animal waste to surface waters and groundwater through direct discharge, seepage, or runoff.
    2. Substantially eliminate atmospheric emissions of ammonia.
    3. Substantially eliminate the emission of odor that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located.
    4. Substantially eliminate the release of disease-transmitting vectors and airborne pathogens.
    5. Substantially eliminate nutrient and heavy metal contamination of soil and groundwater.
  • The Environmental Management Commission shall issue a permit for the construction or expansion of an animal waste management system only if the Commission determines, after consultation with the Animal and Poultry Waste Management Center of North Carolina State University, that the animal waste management system has:
    1. been in use on a swine farm with climatic conditions and soil characteristics that are similar to those that will be encountered at the proposed site of the swine farm for at least a year,
    2. that the animal waste management system has been evaluated for at least a year, and
    3. that sufficient data exists to establish that the animal waste management system will meet the criteria listed above.

The Clean Water Act of 1999

House Bill 1160

  • Extends moratoria on construction or expansion of swine farms. Environmental Management Commission shall not issue a permit for an animal waste management system that has an anaerobic lagoon for a new swine farm or the expansion of an existing swine farm for a period beginning on 1 March 1997 and ending on 1 July 2001. Those special stipulations applying to Moore County will also be extended to 1 July, 2001.
  • Extends and expands pilot program for inspection of animal waste management systems. 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 in two counties located in a part of the state that has a high concentration of swine farms (currently Columbus and Jones Counties). In addition, Brunswick County shall be added to the program. This pilot program shall be extended to 1 July 2001.
  • Inventory inactive lagoons.The Department of Environment and Natural Resources shall develop an inventory of all inactive lagoons. The Department shall rank each inactive lagoon on the inventory based on the extent ot which the lagoon constitutes a threat to public health, the environment, or the State's natural resources. The Department shall submit this inventory to the Environmental Review Commission on or before 1 March 2000.
  • Increases civil penalties for violations of water quality laws. A civil penalty of not more than twenty-five thousand dollars ($25,000) may be assessed by the Secretary of the Department of Environment and Natural Resources against any person who violates the water quality laws. If any action or failure to act for which a penalty may be assessed under this section is continuous, the Secretary may assess a penalty not to exceed twenty-five thousand dollars $25,000) per day for so long as the violation continues, unless otherwise stipulated. The Secretary may assess a civil penalty of more than ten thousand dollars $10,000) per day against a violator only if a civil penalty has been imposed against the violator within the two years preceding the violation. The Secretary may assess a civil penalty of more than ten thousand dollars ($10,000) per day for a violation only if the Secretary determines that the violation is intentional.
  • Authorizes the Department of Environment and Natural Resources to distribute funds from the Wetlands Restoration Fund to authorize Soil and Water Conservation Districts to acquire easements under the Conservation Reserve Enhancement Program, and to authorize the Department to convey interests in real property acquired under the Wetlands Restoration Program or the Conservation Reserve Enhancement Program to federal and state agencies, local governments, and private nonprofit conservation organizations.
  • Authorizes temporary rules to protect the Cape Fear, Catawba, and Tar-Pamlico River Basins. (Analagous to the Neuse River Nutrient-Sensitive Waters Rules)
  • Requires reports to wastewater system customers on system performance and publication of notice of discharges of untreated wastewater, untreated waste or animal waste. The owner or operator of any wastewater or waste collection or treatment works, primarily to collect or treat municipal or domestic wastewater or waste and for which a permit is issued, shall provide to the users or customers of the collection system or treatment works and to the Department an annual report that summarizes the performance of the collection system or treatment works and the extent to which they have violated the permit or federal or state laws, regulations, or rules related to the protection of water quality. The owner or operator of any wastewater or waste collection or treatment works, the operation of which is primarily to collect or treat municipal or domestic wastewater or waste and for which a permit is issued, shall:
    1. in the event of a discharge of 1,000 gallons or more of untreated wastewater or waste to the surface waters of the State, issue a press release to all print and electronic news media that provide general coverage in the county where the discharge occurred setting out the details of the discharge, or
    2. in the event of a discharge of 15,000 gallons or more of untreated wastewater or waste to the surface waters of the State, publish a notice of the discharge in a newspaper having general circulation in the county in which the discharge occurs and in each county downstream from the point of discharge that is significantly affected by the discharge. The owner or operator of an animal waste management system shall be under identical requirements as stated above regarding publication of Notice of Discharge of Animal Waste.
  • Pilot program for inspection of municipal and domestic wastewater treatment works.
  • Issuance of permits for new or expanded municipal or domestic wastewater treatment works that discharge to the waters of the State.
  • Environmental Management Commission to develop engineering standards and implement a permit program for municipal and domestic wastewater collections.
  • Clarify that the Department of Environment and Natural Resources may limit to two million dollars rather than three million dollars the maximum amount of clean water grants to local government units with high bond ratings and, for clean water loans from bond funds, to change the time by which a local government unit must satisfy the requirements for holding a public hearing and filing a petition for a vote prior to disbursement of the loan funds. · Studies; reports; miscellaneous provisions; effective dates.

Enforcement

  • The Division of Environmental Management is responsible for enforcing all water quality rules and regulations.
  • Enforcement or penalty action maybe initiated for any of the following violations:
    1. late registration - notice of violation (NOV) will be sent and penalty assessed at discretion of the DEM Director
    2. late certification of waste management plan - notice of violation will be sent and penalty assessed at the discretion of the DEM Director
    3. failure to implement or follow an approved plan - notice of violation will be sent and violator may be asked to apply for an individual nondischarge permit
    4. failure to follow any rule of the North Carolina Environmental Management Commission (EMC) - notice of violation will be sent for such violations as inadequate setbacks, incomplete custom applicator records, etc. and penalty will be at the discretion of the DEM Director
    5. illegal discharge of pollutants into surface waters of the state without a permit notice of violation will be sent giving a prescribed time frame for developing and implementing an approved plan. The farm, in effect, would have to accelerate implementation of their waste plan much sooner than December 31, 1997.
    6. violation of state water quality standards - notice of violation will be sent and a monetary penalty assessed
    7. willful or deliberate discharge of pollutants into surface waters of the state - immediate $10,000 penalty
    8. willful violation of operator certification requirements - revocation of certificate and/or $1,000 penalty per violation
  • Monetary penalties for any of the above violations could amount to as much as $10,000 per day of violation or $25,000 per day if the violation is determined to be intentional.