The Evolution of Animal Waste
Management Regulations in North Carolina

Dr. David A. Crouse
North Carolina State University

In the past decade North Carolina has experienced a rapid rise to the top of the meat producing states. Current USDA statistics have North Carolina number in one turkey production (59.5 million head on farm), number two in swine production (9.5 million head on farm), and number four in broiler production (681 million head) (World Wide Web address http://www.agr.state.nc.us/stats/nc_rank/ncrallyr.htm). Even though the meat-animal industry contributes to the economic development of North Carolina, it is not without a perceived cost. The general belief among much of the nonagricultural community is that current production schemes have a negative effect on the environment as well as society. Recognizing the public's concern, the North Carolina state legislature and regulatory agencies have adopted rules and laws to minimize negative impacts to the environment and reduce any interference with the use and enjoyment of adjoining property.

In 1993 the North Carolina Water Quality Nondischarge Rules became effective. Under the Nondischarge Rules, animal waste management plans are required for all farms meeting the definition of a feedlot. A feedlot is 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 where the operation is for 100 or more head of cattle, 250 or more head of swine, 75 or more horses, 1000 or more head of sheep or 30,000 or more poultry utilizing a liquid waste management system. New or expanding farms are required to have the plan before additional animals may be stocked on the farm. Existing operations had until December 31, 1997 to have a plan.

The Nondischarge Rules require that the waste management plan be certified by a "technical specialist" approved by the North Carolina Soil and Water Conservation Commission. The specialist certifies that the best management practices comprising the plan meet the applicable operation and maintenance standards and specifications of the USDA Natural Resources Conservation Service Field Office Technical Guide or the standard of practices adopted by the Soil and Water Conservation Commission.

During the initial phase of "certifying" farms, animal waste management plans were developed to address the engineered components of a waste management system, such as lagoons and waste storage ponds, and the cropping systems necessary to properly utilize the nitrogen in the manure. However, with the ratification of Senate Bill 1217 in June 1996, waste management plans must also now include the following eight components: Odor Control; Insect Control; Animal Mortality Management; Riparian Buffers; Emergency Management; Waste and Soil Testing; Record Keeping; and Waste Application Rates. The details of these components will not be discussed, but for more information, you can visit the World Wide Web (WWW) address http://ces.soil.ncsu.edu/soilscience/soilnote/note08.htm

Much effort has been exerted in North Carolina towards the development of animal waste management plans. However, any effective waste management strategy dictates that the approved plan be properly implemented. Recently North Carolina's attention became focused on education. Farmers needed knowledge. In 1995, Senate Bill 974 was ratified, thus requiring a certified operator for animal waste management systems serving 250 or more head of swine. Not more than 10 months after the ratification of Senate Bill 974, it was replaced by Senate Bill 1217, which required a certified operator for all operations meeting the feedlot definition. Under the amended act, to be certified, the operator must: attend a minimum of 10 hours of training and instruction on the management of the animal waste management system; pass a certification test; and pay an annual $10 fee. Furthermore, to maintain his or her certification, each operator must complete six hours of continuing education every three years.

The program is titled "Certification Training For Operators Of Animal Waste Management Systems." The North Carolina Water Pollution Control System Operator Certification Commission in cooperation with the North Carolina Cooperative Extension Service administers it. The WPCSOCC is responsible for the testing and issuance of certificates and the Cooperative Extension Service is responsible for the training. The training program thoroughly covers what an operator needs to know about an animal waste management system in order to operate in a safe, environmentally sound manner that complies with all existing regulations. The 10-hour training course emphasizes the following topics: (1) Why are We Here? (2) System Components and Operation; (3) Animal Waste Management Plans; (4) Tools for the Plan; (5) Making Proper Waste Applications; (6) Record Keeping; (7) Safety and Emergency Management; and (8) Environmental Stewardship and Consequences of Improper Management. The operator's manual and trainers slide set can be viewed at the WWW address http://ces.soil.ncsu.edu/certification/

Even though steps had been taken to protect the environment, the societal impact was still a concern for many communities. Several counties attempted to stop the encroachment of larger animal operations on small communities through zoning ordinances. Although most attempts failed, it did catch the attention of the lawmakers and in 1995 the Swine Farm Siting Act (Senate Bill 1080) was ratified. For facilities designed to serve more than 250 head of swine, the act applies to any construction or enlargement of a swine house, lagoon, or land application area that occurs on or after October 1, 1995. The Swine Farm Siting Act amendments contained in Senate Bill 1217 and House Bill 515 (1997) strengthened the requirements specified in the earlier bill. Briefly, the Swine Farm Siting Act created or enhanced setbacks and buffers for swine houses, lagoons, and fields receiving land applications of swine waste. Setbacks for lagoons and swine houses are: (1) At least 1,500 feet from any occupied residence. (2) At least 2,500 feet from any school; hospital; church; outdoor recreational facility; national park; State Park, historic property. (3) At least 500 feet from any property boundary. (4) At least 500 feet from any well supplying water to a public water system. (5) At least 500 feet from any other well that supplies water for human consumption. This subdivision does not apply to a well located on the same parcel or tract of land on which the swine house or lagoon is located and that supplies water only for use on that parcel or tract of land or for use on adjacent parcels or tracts of land all of which are under common ownership or control. Furthermore, the outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm must be at least 75 feet from any boundary of property on which an occupied residence is located and from any perennial stream or river, other than an irrigation ditch or canal. Lastly, no component of a liquid animal waste management system for which a permit is required, other than a land application site, shall be constructed on land that is located within the 100-year flood plain. For information about the enforcement of the Swine Farm Siting Act, and its exemptions, visit WWW address http://ces.soil.ncsu.edu/soilscience/soilnote/note09.htm

Recently the North Carolina Clean Water Responsibility Act (House Bill 515) was ratified. Although this piece of legislation affects both the agricultural and nonagricultural community, for the purposes of this paper, only the sections applying to agriculture will be addressed, however, for a full copy of the ratified bill, visit the WWW address http://www.ncga.state.nc.us/.html1997/bills/house/ratified/hbil0515.full.html

Perhaps the most highly publicized portion of the bill was the section creating a moratorium on construction or expansion of swine farms. The purposes of the moratorium are to: (1) allow counties time to adopt zoning ordinances; (2) to allow time for the completion of the studies authorized by the 1995 NC General Assembly; and (3) to allow the 1999 NC General Assembly to act on the findings and recommendations of those studies. Under the moratorium, the NC Division of Water Quality will not issue a permit for an animal waste management system for a new or expanding swine farm for a period beginning on 1 March 1997 and ending on 1 March 1999. Construction or expansion is prohibited during the period of the moratorium regardless of the date on which a site evaluation for the swine farm is completed.

However, there are exemptions for the moratorium. First, it does not prohibit construction to repair a component of an existing swine farm or lagoon. It does not prohibit construction to replace a component of an existing swine farm or lagoon if the replacement does not result in an increase in swine population. It does not prohibit construction or expansion for the purpose of increasing the swine population to the population that the animal waste management system is designed to accommodate, as set forth in a animal waste management plan certified prior to 1 March 1997. It does not prohibit construction or expansion for the purpose of complying with applicable animal waste management rules. It does not prohibit construction or expansion, if the farm has been issued a permit for that construction or expansion prior to the date the bill was ratified, 27 August, 1997. It does not prohibit construction or expansion, if the farm has, prior to 1 March 1997, either: (1) laid a foundation for a component of the swine farm, lagoon, or animal waste management system; (2) entered into a bona fide written contract for the construction or expansion; (3) been approved for a loan to finance the construction or expansion and has obligated or expended funds derived from the loan. Lastly, it does not prohibit the construction or expansion of an innovative animal waste management system that does not employ an anaerobic lagoon and that has been approved by the Department of Environment and Natural Resources (DENR). The burden of proof of eligibility for an exemption is on the applicant. The applicant for a permit for a new swine farm or for the expansion of an existing swine farm must provide information and documentation to the DENR that establishes that the applicant is eligible for the permit.

Another section of the Clean Water Responsibility Act granted agricultural zoning authority to the local counties. Counties may now adopt zoning regulations governing swine farms served by animal waste management systems designed for 600,000 pounds steady state live weight or greater. However, zoning may not be conducted such that these larger swine farms are excluded from the entire zoning jurisdiction. Furthermore, zoning regulations with respect to an existing swine farm can not prohibit the continued existence of the farm or prohibit the repair or replacement on the same site of the swine farm so long as the swine population is not increased.

Another section addresses the continued complaints about odor around swine farms. The North Carolina Environmental Management Commission has been charged with the development and implementation of standards to control the emission of odors from animal operations. These standards are only to be required only when economically feasible technology sufficient to satisfy these standards is available.

Another section addresses a "Graduated Violation Points System for Swine Operators." The North Carolina Environmental Management Commission must develop a violation points system applicable to permits for animal waste management systems for swine farms. Violations that involve the greatest harm to the natural resources of the State, the groundwater or surface water quantity or quality, public health, or the environment will be viewed as "Significant Violations". Likewise, so will those violations that are committed willfully or intentionally. In the point system, the number of points received shall be directly related to the degree of negligence or willfulness. After the commission of three significant violations, or the combination of lesser violations that result in a predetermined cumulative number of points within a limited period of time, the North Carolina Environmental Management Commission will revoke the permit for the animal operation. The commission of one willful violation that results in serious harm may result in the revocation of a permit. Furthermore, the State Bureau of Investigation may investigate, for criminality, repeated violations of environmental laws or rules.

As can be seen, North Carolina has taken a firm stance on protecting the environment and its citizens. Significant legislation has been ratified each of the last three years. The economic effect to the meat-animal industry has not yet been measured and whether or not environmental protection has been achieved not yet determined. One thing is certain, all of us are citizens living in the global community. We all must eat which means food must originate from somewhere. In North Carolina over the last decade the trend has been for larger, more specialized farms, essentially maximizing one's efficiency by minimizing diversity. As the result, what have been termed mega-farms are now spread throughout the state. Currently the North Carolina Division of Water Quality Nondischarge Rule registration database has more than 550 farms with greater than 5,000 animals. Only time will tell whether these farms will continue to be profitable as the regulations continue tightened.

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