GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1156
     

 
Short Title:	Extend Swine Farm Moratoria-3.	()	
Sponsors:	Representative Hackney.	
Referred to:	Environment and Natural Resources.	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO EXTEND THE MORATORIA ON CONSTRUCTION OR EXPANSION OF SWINE FARMS.

Whereas, the 1997 General Assembly established moratoria on the construction or expansion of certain swine farms and on lagoons and animal waste management systems for certain swine farms; and
Whereas, among the purposes of these moratoria were to allow completion of certain studies related to swine farms and animal waste management systems; and
Whereas, the 1998 General Assembly extended these moratoria and established exceptions for animal waste management systems that meet certain performance standards; and
Whereas, the 1999 General Assembly further extended the moratoria so that moratoria have remained in effect continuously since 1 March 1997; and
Whereas, it appears that additional research and study is needed to identify and develop animal waste technologies that meet the performance standards established by the General Assembly; and
Whereas, on 25 July 2000, the Attorney General of North Carolina entered into an agreement with Smithfield Foods, Incorporated, and certain other companies; and
Whereas, this agreement commits those companies to work cooperatively to develop and implement animal waste management technologies that meet the performance standards established by the General Assembly; and
Whereas, the companies that are parties to this agreement constitute a significant portion of the swine production capacity of the State; and
Whereas, the companies that are parties to this agreement have agreed to provide substantial resources to assist the State in the development and implementation of animal waste management technologies that meet the performance standards established by the General Assembly; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Section 1.1 of S.L. 1997‑458, as amended by Section 2 of S.L. 1998‑188 and Section 2.1 of S.L. 1999‑329, reads as rewritten:
"Section 1.1. (a)	Moratorium Established. – As used in this section:
(1)	'Swine farm' and 'lagoon' have the same meaning as in G.S. 106‑802. 
(2)	'Animal waste management system' has the same meaning as in G.S. 143‑215.10B.
(3)	'Anaerobic lagoon' means a lagoon that treats waste by converting it into carbon dioxide, methane, ammonia, and other gaseous compounds; organic acids; and cell tissue through an anaerobic process.
(4)	'Anaerobic process' means a biological treatment process that occurs in the absence of dissolved oxygen.
(a1)	There is hereby established a moratorium on the construction or expansion of swine farms and on lagoons and animal waste management systems for swine farms. The purposes of this moratorium are to allow counties time to adopt zoning ordinances under G.S. 153A‑340, as amended by Section 2.1 of this act; to allow time for the completion of the studies authorized by the 1995 General Assembly (1996 Second Extra Session); and to allow the 1999 General Assembly to receive and act on the findings and recommendations of those studies. Except as provided in subsection (b) of this section, the Environmental Management Commission shall not issue a permit for an animal waste management system 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 September 2003. The construction or expansion of a swine farm or animal waste management system for a swine farm is prohibited during the period of the moratorium regardless of the date on which a site evaluation for the swine farm is completed and regardless of whether the animal waste management system is permitted under G.S. 143‑215.1 or Part 1A of Article 21 of Chapter 143 of the General Statutes or deemed permitted under 15A North Carolina Administrative Code 2H.0217.
(b)	Exceptions. – The moratorium established by subsection (a1) of this section does not prohibit:
(1)	Construction to repair a component of an existing swine farm or lagoon.
(2)	Construction to replace a component of an existing swine farm or lagoon if the replacement does not result in an increase in swine population, except as provided in subdivision (3) (7), or (8) of this subsection.
(3)	Construction or expansion for the purpose of increasing the swine population to the projected population or to the population that the animal waste management system serving that swine farm is designed to accommodate, as set forth in a certified animal waste management plan filed with the Department of Environment, Health, and Natural Resources prior to 1 March 1997.
(4)	Construction or expansion for the purpose of complying with applicable animal waste management rules and not for the purpose of increasing the swine population.
(5)	Construction or expansion, if the person undertaking the construction or expansion of the swine farm, lagoon, or animal waste management system has been issued a permit for that construction or expansion under G.S. 143‑215.1 or Part 1A of Article 21 of Chapter 143 of the General Statutes prior to the date this act becomes effective.
(6)	Construction or expansion, if the person undertaking the construction or expansion of the swine farm, lagoon, or animal waste management system has, prior to 1 March 1997, either:
a.	Laid a foundation for a component of the swine farm, lagoon, or animal waste management system.
b.	Entered into a bona fide written contract for the construction or expansion of the swine farm, lagoon, or animal waste management system.
c.	Been approved for a loan or line of credit to finance the construction or expansion of the swine farm, lagoon, or animal waste management system and has obligated or expended funds derived from the loan or line of credit.
(7)	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 requirements of sub‑subdivisions a. through e. of this subdivision, and is designed to be the subject of a research project. The Environmental Management Commission shall issue a permit for the construction or expansion of an animal waste management system under this subdivision only if the Commission determines, after consultation with the Animal and Poultry Waste Management Center of North Carolina State University, that additional research is necessary to evaluate whether the animal waste treatment system will:
a.	Eliminate the discharge of animal waste to surface waters and groundwater through direct discharge, seepage, or runoff.
b.	Substantially eliminate atmospheric emissions of ammonia.
c.	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.
d.	Substantially eliminate the release of disease‑transmitting vectors and airborne pathogens.
e.	Substantially eliminate nutrient and heavy metal contamination of soil and groundwater.
(8)	Construction or expansion of an animal waste management system that does not employ an anaerobic lagoon as the primary method of treatment and does not employ land application of waste except by injection into soil or by surface application if the injection or surface application meets the requirements of sub‑subdivisions a. through e. of this subdivision. The Environmental Management Commission may issue permits under this subdivision only in a manner consistent with G.S. 143‑215.1(b)(2). The Commission shall issue a permit for the construction or expansion of an animal waste management system under this subdivision 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 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, that the animal waste management system has been evaluated for at least a year, and that sufficient data exists to establish that the animal waste management system will:
a.	Eliminate the discharge of animal waste to surface waters and groundwater through direct discharge, seepage, or runoff.
b.	Substantially eliminate atmospheric emissions of ammonia.
c.	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.
d.	Substantially eliminate the release of disease‑transmitting vectors and airborne pathogens.
e.	Substantially eliminate nutrient and heavy metal contamination of soil and groundwater.
(c)	Establishing Eligibility for an Exemption. – It shall be the responsibility of an applicant for a permit for an animal waste management system for a new swine farm or for the expansion of an existing swine farm under subdivisions (1) through (8) of subsection (b) of this section to provide information and documentation to the Department of Environment, Health, and Natural Resources that establishes, to the satisfaction of the Department, that the applicant is eligible for the permit. In demonstrating eligibility for a permit under this section, the burden of proof shall be on the applicant.
(d)	Rule Making Not Required; Administrative and Judicial Review. – Notwithstanding the provisions of Article 2A of Chapter 150B of the General Statutes, this section shall not be construed to obligate the Commission or the Department to adopt a temporary or permanent rule to implement this section. The Commission and the Department shall implement the provisions of this section by evaluating each application for a permit for an animal waste management system on a case‑by‑case basis. A decision of the Commission or the Department under this section is subject to administrative and judicial review as provided in Articles 3 and 4 of Chapter 150B of the General Statutes."
SECTION 2.  Section 1.2 of S.L. 1997‑458, as amended by Section 3 of S.L. 1998‑188 and Section 2.2 of S.L. 1999‑329, reads as rewritten:
"Section 1.2. (a)	As used in this section, 'swine farm' and 'lagoon' have the same meaning as in G.S. 106‑802. As used in this section, 'animal waste management system' has the same meaning as in G.S. 143‑215.10B. There is hereby established a moratorium for any new or expanding swine farm or lagoon for which a permit is required under Parts 1 or 1A of Article 21 of Chapter 143 of the General Statutes in any county in the State: (i) that has a population of less than 75,000 according to the most recent decennial federal census; (ii) in which there is more than one hundred fifty million dollars ($150,000,000) of expenditures for travel and tourism based on the most recent figures of the Department of Commerce; and (iii) that is not in the coastal area as defined by G.S. 113A‑103. Effective 1 January 1997, until 1 September 2003, the Environmental Management Commission shall not issue a permit for an animal waste management system, as defined in G.S. 143‑215.10B, or for a new or expanded swine farm or lagoon, as defined in G.S. 106‑802. The exemptions set out in subsection (b) of Section 1.1 of this act do not apply to the moratorium established under this section.
(b)	In order to protect travel and tourism, effective 1 September 2003, no animal waste management system shall be permitted except under an individual permit issued under Part 1 of Article 21 of Chapter 143 of the General Statutes in any county in the State: (i) that has a population of less than 75,000 according to the most recent decennial federal census; (ii) in which there is more than one hundred fifty million dollars ($150,000,000) of expenditures for travel and tourism based on the most recent figures of the Department of Commerce; and (iii) that is not in the coastal area as defined by G.S. 113A‑103."
SECTION 3.  If any section or provision of this act is declared unconstitutional or invalid by the courts, the unconstitutional or invalid section or provision does not affect the validity of this act as a whole or any part of this act other than the part declared to be unconstitutional or invalid.
SECTION 4.  This act is effective when it becomes law.