The animal waste collection, treatment storage, and application systems shall be designed, constructed, and operated as a non-discharge system to prevent the discharge of pollutants to streams and ditches, as a result of a storm event less severe than a 25-year, 24-hour storm.

All liquids from paved areas and milking areas shall be collected in a waste storage facility or in some other way treated to insure de minimus discharge of pollutants in a storm event less severe than the 25-year, 24-hour storm event. For any facility wishing to install a system utilizing other than a waste storage facility, DWQ must agree that the alternative system will have no more than a de minimus impact. DWQ may request that a committee made up of a representative from NRCS, SWCC, and NCCES assist in this determination.

The intended flexibility in the Environmental Management Commission's (EMC) current rules is contained in the definition of "animal waste management system" in 15A NCAC 2H .0203 (3). The definition of animal waste management system is specific to achieving no discharge of pollutants for any storm event less severe than the 25-year, 24-hour storm. Therefore, DWQ and the agricultural management agencies agree that, for animal operations existing on June 30, 1995, the rules allow the use of management practices that do not require the containment of the entire runoff volume from the 25-year, 24-hour storm event. All new structures, such as waste storage ponds and treatment lagoons, when used as a component of the primary waste management system, shall be designed for the 25-year storm and the chronic rainfall event according to standards and specifications of the NRCS when these new structures are chosen to be part of the waste system.

Agricultural management agencies will utilize and accept waste management practices on existing animal operations that effectively control pollutants to the greatest degree possible. Based on this concurrence, technical specialists should continue to approve and certify plans that meet the intent of controlling the discharge of pollutants using their best professional judgment.

4.2 Expansions Under 2H .0217

An expansion is an increase in the SSLW of animals on a farm after December 31, 1993 above the amount for which the animal waste management system was previously designed and constructed.

If an operation expands and has a certified plan, only the new structures required for the expansion shall meet current design and construction standards and specifications. However, the entire volume of waste generated shall meet the current NRCS standard for waste utilization. That is, the most current N loading rates based on crop yield will be used for the entire waste volume to be utilized. However, if there are wastewater discharges from a facility or documented surface water or groundwater problems, the facility may be required to update the plan according to current technical specifications or apply for an individual permit from DWQ.

If an existing lagoon or storage structure does not meet current NRCS design and construction specifications and is connected in anyway with a new lagoon or storage structure (including connecting by pipe or lift station), then the old structure shall be retrofitted to meet the current standards because it is considered to be part of the new system. The existing lagoon can be used as part of the waste handling system without being retrofitted, if it is not used in series with the new structures required for expansion.

An operation may be able to manage a greater waste load by reducing temporary storage period and modifying their WUP to apply waste more often. However, an analysis shall show that sufficient temporary volume is available while meeting all remaining NRCS Standard 359 volume and depth criteria. Also with an expansion, the heavy rainfall, excess water and sludge volumes must be included.

A swine operation may change the type of animals it serves (feeder to finish, farrow to wean, etc) and not be an expansion under 2H .0200 provided the design capacity of the existing waste management system (lagoon, storage structure, available land, etc.) is not increased and is adequate to handle the waste from the larger number of animals. An example would be a system designed for 500 sows, farrow to wean and the owner would like to convert the operation to a feeder to finish operation. According to NRCS standards, the steady state live weight of the farrow to wean operation would be 500 x 433 lbs/sow or 216,500 lbs SSLW. The live weight for feeder to finish hogs is 135 lbs/animal and therefore the operation could accommodate 216,500/135 or 1604 finishing hogs as designed. Any increase in the steady state live weight of this operation over 216,500 would be an expansion under 2H .0200.

Note: While this would not be considered as an expansion under 2H .0200, it would be an expansion under Swine Farm Siting Act since the number of animals would be increased. Therefore this expansion would either not be allowed (as in Moore County) or would be required to comply with more restrictive siting requirements.

4.3 Innovative Systems

Innovative systems (e.g., package plants) or systems not covered by standard agricultural specifications are not covered by the general permit and must apply to DWQ for an individual permit. Innovative systems only designed to collect gases from conventional anaerobic lagoons to use for energy are not required to obtain an individual permit.

4.4 Fencing of Animals Out of Creeks

There is no requirement that animals must be automatically fenced out of creeks. Specific guidance is however given in Attachments 4 and 5. In cases not covered by these guidelines, fencing is not required unless the animals' accessibility to the stream results in an environmental problem. As technical specialists work with facilities, they should evaluate stream access sites and make appropriate recommendation to protect the facility from future enforcement for water quality violations.