8. SWINE FACILITY SITING REQUIREMENTS

8.1 Setback Requirements

The 100-foot setback from lagoons or houses to property boundaries was increased to 500 feet for operations sited after October 1, 1996. The 100-foot setback remains for operations sited between October 1, 1995 and October 1, 1996.

Effective August 27th, 1997, HB 515 requires 2,500 feet of buffer from a swine house or a lagoon to any outdoor recreation facility, National Park, State Park, historic property, or child care center. A 500-foot buffer is required from a swine house or a lagoon to any well supplying water for human consumption or to a public water supply system. This requirement does not apply to a well located on the same tract of land as the swine house or lagoon and that supplies water only for use on that tract of land or for the use on adjacent tracts of land all of which are under common ownership or control. The setback requirements in HB 515 do not apply if the facility was permitted and construction began before August 27, 1997. All new or expanding facilities permitted after that date or which began construction after that date, regardless of the permitted date, shall meet the new requirements. Sprayfield setbacks are shown in Appendix 8.1.

8.2 Public Notice for Swine Farms

Effective June 21, 1996, any person who intends to construct a new or expanding swine farm with 250 or more animals shall, after completing a site evaluation and before the farm site is modified, attempt to notify all adjoining property owners and all property owners who own property located across a public road, street, or highway from the swine farm of that person's intent to construct the swine farm. This notice shall be sent by certified mail to the address on record at the property tax office in the county in which the land is located. Written notice shall include:

• The name and address of the person intending to construct a swine farm.
  
• The type of swine farm and the design capacity of the animal waste management system.
  
• The name and address of the technical specialist preparing the waste management plan.
  
• The address of the local Soil and Water Conservation District office.
  
• Written comments may be submitted to: NC DWQ, Water Quality Section, Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.

8.3 Site Evaluations

SB 1217 (NCGS 106-802. (4)) defines "site evaluation" as an investigation to determine if a site meets all federal and state standards as evidenced by the Waste Management Facility Site Evaluation Report on file with the SWCD office or a comparable report certified by a PE or by a technical specialist approved by the SWCC. The Waste Management Facility Site Evaluation Report is NRCS form NC-CPA-17 (Appendix 8.3). A comparable report would be one that contains all of the information on NC-CPA-17.

NRCS form NC-CPA-17 contains a condition that the site evaluation is only valid for 12 months from the date the form was signed. SB 1217 (NCGS 106-802.(4)) does not specify a time at which a site evaluation will no longer be valid. Therefore, while NRCS may no longer honor the site evaluation, the evaluation will still be valid for meeting site evaluation requirements of SB 1217.

Exemptions to 'Swine Farm Siting Act' include:

• When construction or enlargement increases the swine population to that predicted in the registration filed with DENR prior to October 1, 1995.
• When construction or enlargement for the purpose of increasing the swine population to that which the animal waste management system is designed to accommodate as described in a registration of the swine operation filed with DENR before October 1, 1995, or as described in a CAWMP approved before October 1, 1995.
• When construction or enlargement is for the purpose of complying with animal waste management rules and not for the purpose of increasing the swine population.

8.4 Conversion Factors for Determining Swine Farrowing Numbers

The population of swine on a farm is determined by the number of sows multiplied by 10 for a farrow to finish operation, the number of sows multiplied by 4 for a farrow to feeder operation, and the number of sows multiplied by 2.5 for a farrow to nursery operation.

NOTE: The SB 1217 Guidance Committee has not been given the authority to administer provisions of the Swine Farm Siting Act. The interpretations given above (sections 8.3 and 8.4) reflect internal policies for administering the animal waste system program. If there are questions regarding individual rights or responsibilities under the Act, consideration should be given to obtaining appropriate legal counse.