2. REGISTRATION AND PLAN CERTIFICATION
2.1 Future Changes to Standards or Farm Ownership

It is not required to revise a certified plan to reflect standard changes pursuant to 15A NCAC 2H. 0217 (a)(1)(H)(xi), but it is encouraged. If a discharge occurs, or there is documentation that surface waters or groundwaters has been impacted, then the facility will be required to update the plan according to the most current technical specifications or apply for and receive an individual permit.

2.2 Farm Status Changes - Change of Ownership, Request for Removal (deactivation), Request for Reactivation

Change of Ownership
For each change in farm ownership, the new owner shall submit a completed Change of Ownership form (Appendix 2.2A) within 60 days of ownership transfer. The approved plan must be understood, implemented, signed, and placed within the farm records and on file with the local SWCD. If the CAWMP is changed, a technical specialist shall certify the new plan to meet current standards and specifications for operation and maintenance, and a new certification shall be submitted to DWQ. Making no changes or only approved cropping changes to the waste utilization plan does not require a new certification.

Request for Removal (Deactivation)
A farm operating below threshold or at zero population may be deactivated from the state's database by submitting a completed Request for Removal form (Appendix 2.2B) to DWQ. Once a producer submits a removal request, a site visit will be made by either a regional DWQ, NRCS, DSWC, or SWCD representative to verify the operation is below threshold or at zero population, and to determine that no problems exist at the site. Once this visit occurs that agency will submit a Confirmation of Removal form (Appendix 2.2C) to DWQ. The operation will retain its certification or deemed permitted status as allowed by 2H .0217 as long as there are no existing or projected environmental impacts. If the Director of DWQ determines at any time that the facility is the source of existing or projected environmental impacts, the facility will have to correct the problem(s), is subject to an enforcement action, and/or is required to apply for an individual or general permit.

Deactivation does not remove the operation from the state database but indicates the facility is not subject to routine compliance inspections and operation reviews, and the waste does not have to be land applied by a certified animal waste applicator. For complete removal from the state database, all waste structures on the farm must be properly closed according to NRCS standards (see Section 3.1).

Request for Reactivation
Any facilities wishing to reactivate shall implement a certified animal waste management plan before facility can restock above threshold numbers. The certified animal waste management plan shall comply with all Statutes and Rules in effect at the time of certification. The facility would also be required to apply for and receive coverage under a general or individual permit before restocking.

For facilities that have been out of operation for less than four years whether below threshold or no animals on-site shall submit the following:

• Reactivation Request (Appendix 2.2C)
• Permit Application
• Certification
• Proof of a significant number of animals on site within the past 4 years for a period of 45 days or more.
  • Vet Records
  • Kill Dates
  • Market Sales for this facility
• OIC Form

For facilities that have been out of operation for more than four years whether below threshold or no animals on-site shall submit the following:

• Reactivation Request
• Permit Application
• Certification
• OIC Form
• Lagoon must be brought up to NRCS Standards

Lagoons will be considered new and will have to meet all current NRCS Standards for lagoons (this includes liner, sludge storage, and extra 25 year, 24 hour storm event storage.)

If owner exceeds threshold numbers without notifying DWQ then owner is subject to enforcement action. If work will be necessary at site the owner may seek approval from DWQ before investing in the work.

You can submit only documents of when animals were last on site and request confirmation that DWQ accepts the submitted documents before submitting permit application and certification. The downside to not submitting a permit application at the same time is it will prolong the process. Permit process takes up to three months and may be longer if any required permit information is not sent in with the original permit package.

2.3 Conditional Approvals for Certification of New or Expanding Facilities

Generally conditional approvals will not be accepted as part of an operation's certification for a general or individual permit application. For extenuating circumstances, contact DWQ for further guidance.

2.4 Required Documentation for Certifications and Plans

The owner is responsible for obtaining a CAWMP that has been approved and certified by technical specialists. The owner shall send the original signed certification form to DWQ. The owner shall retain a copy. The approved plan shall remain at the farm site and on file at the local SWCD office.

The owner also shall send a copy of the certification and the plan to the local SWCD. The district has 30 days to review the plan for concurrence. If the SWCD concurs with the plan, the plan is kept on file at the SWCD office. If the SWCD does not concur, the SWCD will notify in writing the owner, DWQ and DSWC. DWQ will work with the agricultural agencies to develop an approved plan or require the owner to apply for and receive an individual permit. DWQ will acknowledge receipt of all certifications when requested.

The SWCD is required to notify the owner, the certifying technical specialist, DWQ, and the DSWC if the SWCD does not concur with the CAWMP. The owner or DWQ may request the SWCD to reconsider. If the SWCD does not concur, the owner may request the Soil and Water Conservation Commission (SWCC) to mediate a dispute over concurrence.

The components for AWMP are listed in Appendix 2.4.

2.5 Certification Form Requirements

All certifications shall be on the DWQ Animal Waste Management Certification form (12/05/00). (Appendix 2.5A).

Only a technical specialist who has been designated under the SWCC rules can certify items on the new form. In order to sign for an item, the technical specialist must have the corresponding category of designation (Attachment 2.5B).

Proper calibration of application equipment shall be documented. The field calibration must show accurate rates of application. For irrigation equipment, application rates must be measured at several locations in the application area. For calibration information see NC Publication Field Calibration Procedures for Stationary AG-553-1, Traveler AG-553-2, and Center Pivots & Linear AG-553-3.

New "non-irrigation" waste application equipment does not require certification by an irrigation (I) technical specialist designation under II D, of the CAWMP Certification form. A WUP may certify manure spreader and honey wagon equipment.

With the requirements of SB 1217, it is very important to track the dates each part of the certification process was completed. The certification form was modified to document the date the activity was completed. The current date should continue to be the date the form is signed.

2.6 Abandonment

If a facility is abandoned or unused for four years or more, regardless of its certification or permit status, the farm will be considered a "new" facility for permitting purposes and the operation would have to meet all permitting requirements before it could be restocked.

Questions regarding active registration by producers who depopulated usually involve distinction between "existing" and "new" systems. 15A NCAC 2H. 0203(21) defines a "new" animal waste management system as follows:

…animal waste management systems which are constructed and operated at a site where no feedlot existed previously or where a system serving a feedlot has been abandoned or unused for a period of four years or more and is then put back into service. (For purposes of this referenced rule, "abandoned" and "unused" are interchangeable, meaning ceasing to exist.)

Therefore, an operation will lose its "existing" status and be considered a "new" operation if unused for four or more years. In order to determine the proper categorization as an "existing" or "new" farm, DWQ uses the following operating guideline of 10% of the registered number (capacity) in making this determination, and the rule is being applied as follows:

'Unused' means less than 10% of the registered number of animals or less than 10% of the number of animals at system capacity have been on site. Furthermore, consistent with the EPA definition of an "animal feeding operation", the requisite number of animals must be shown by the operator to have been on site for a total 45 days or more within any 12-month period, or the feedlot will be considered unused for that year.

Any number less than10% is a de minimis attempted use which would not be generally covered by the spirit or intent of the rule; however, a producer is allowed to verify to DWQ that his system had been used in order to retain the operation's "existing" status.

If an operator needs to verify the farm's "existing" status or correct his/her registration number in the state database, he or she must submit a written request to DWQ for the correction including justification for the change. The producer must also submit documentation of the existing herd numbers and dates the animals were housed at the facility as found through market or production records and/or verification by a government agency official familiar with the operation. Questions should be directed to Sonya Avant, the DWQ State Database Coordinator at (919) 733-5083, extension 571, with correction requests submitted to the Division of Water Quality - Non-Discharge Compliance and Enforcement Group, 1617 Mail Service Center, Raleigh, NC 27699-1617.

2.7 Separate Ownership with Common Waste Facilities

Operations shall not share common sprayfields and/or waste management systems (other than land application equipment) unless they are certified and permitted as one operation under the same ownership.

2.8 Irrigation Systems for New or Expanding Operations

Effective September 1, 1996 NRCS standards require irrigation design plans as part of the waste utilization standard for new and expanding systems. Detailed irrigation plans such as size of nozzles, operating pressures, etc, shall be part of the certification process. While this same level of design is not required for existing systems, the waste utilization standard does require the waste to be applied uniformly at approved rates and volumes to prevent runoff. It is the responsibility of the owner to provide a system to meet these conditions and to verify the availability of the equipment, land and vegetation.

2.9 Irrigation Certification of Existing Systems

Even though a technical specialist did not design the irrigation system, a technical specialist shall certify that the existing equipment is capable of applying waste to meet requirements of the CAWMP certification form (Section II D.), and the equipment is available to use on site (Section III D.).

2.10 Contract Requirements for Custom Applicators

A producer who does not own waste application equipment shall contract with a custom applicator to obtain a CAWMP.

2.11 Corrections of Plan Deficiencies

If an operation review or compliance inspection reveals deficiencies in the CAWMP, the operator will be required to correct the deficiency or complete missing components, change the plan accordingly, and recertify the operation as needed.

2.12 Modifications to Facilities to House the Certified Number of Swine

For a facility that cannot currently house its certified steady state live weight (SSLW), the owner may expand or construct additional swine houses or a total waste management system during the moratorium. Under the current moratorium, no additional housing, lagoons or lagoon expansions can be constructed in Moore County (see Section 3.2).

2.13 Retrofit to Meet Original Registration Number

A producer may retrofit his or her current waste management system (i.e./enlarge the current structure, construct a second stage lagoon, etc.) and have the operation recertified to a higher number which is NOT to exceed the original registration number. The operation must first be recertified by a technical specialist, and the recertification and a request for a permit or COC amendment shall be submitted to and approved by the DWQ before stocking animals at the higher recertification number. Under the current moratorium, no additional housing, lagoons or lagoon expansions can be constructed in Moore County. (Please refer to Section 3.2).