143-215.10I. Performance standards for animal waste management systems that serve swine farms; lagoon and sprayfield systems prohibited.
(a) As used in this section:
(1) "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.
(2) "Anaerobic process" means a biological treatment process that occurs in the absence of dissolved oxygen.
(3) "Lagoon" has the same meaning as in G.S. 106-802.
(4) "Swine farm" has the same meaning as in G.S. 106-802.
(b) The Commission shall not issue or modify a permit to authorize the construction, operation, or expansion of an animal waste management system that serves a swine farm that employs an anaerobic lagoon as the primary method of treatment and land application of waste by means of a sprayfield as the primary method of waste disposal unless:
(1) The permitting action does not result in an increase in the permitted capacity of the swine farm, as measured by the annual steady state live weight capacity of the swine farm; or
(2) The Commission determines that the animal waste management system will meet or exceed all of the following performance standards:
a. Eliminate the discharge of animal waste to surface water and groundwater through direct discharge, seepage, or runoff.
b. Substantially eliminate atmospheric emission 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. (2007-523, s. 1(a); 2020-18, s. 11.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
Article 21 - Water and Air Resources.
§ 143-211 - Declaration of public policy.
§ 143-214.1 - Water; water quality standards and classifications; duties of Commission.
§ 143-214.2 - Prohibited discharges.
§ 143-214.2A - Prohibited disposal of medical waste.
§ 143-214.2B - Storage of waste on vessels.
§ 143-214.3 - Revision to water quality standard.
§ 143-214.4 - Certain cleaning agents containing phosphorus prohibited.
§ 143-214.5 - Water supply watershed protection.
§ 143-214.7 - Stormwater runoff rules and programs.
§ 143-214.7A - Stormwater control best management practices.
§ 143-214.7B - Fast-track permitting for stormwater management systems.
§ 143-214.8 - Division of Mitigation Servicesestablished.
§ 143-214.9 - Division of Mitigation Servicespurposes.
§ 143-214.11 - Division of Mitigation Servicescompensatory mitigation.
§ 143-214.11A - Flood storage capacity restoration and enhancement.
§ 143-214.12 - Division of Mitigation ServicesEcosystem Restoration Fund.
§ 143-214.13 - Division of Mitigation Servicesreporting requirement.
§ 143-214.14 - Cooperative State-local coalition water quality protection plans.
§ 143-214.15 - Compensatory mitigation for diverse habitats.
§ 143-214.21 - Riparian Buffer Protection ProgramRiparian Buffer Restoration Fund.
§ 143-214.22 - Riparian Buffer Protection ProgramDepartment may accept donations of real property.
§ 143-214.23A - Limitations on local government riparian buffer requirements.
§ 143-214.24 - Riparian Buffer Protection ProgramCoordination with River Basin Associations.
§ 143-214.26 - Nutrient offset credits.
§ 143-215 - Effluent standards or limitations.
§ 143-215.1 - Control of sources of water pollution; permits required.
§ 143-215.1A - Closed-loop groundwater remediation systems allowed.
§ 143-215.1B - Extension of date for compliance with nitrogen and phosphorus discharge limits.
§ 143-215.2A - Relief for contaminated private drinking water wells.
§ 143-215.3 - General powers of Commission and Department; auxiliary powers.
§ 143-215.3C - Confidential information protected.
§ 143-215.3D - Fee schedule for water quality permits.
§ 143-215.3E - Expired December 31, 2020.
§ 143-215.5 - Judicial review.
§ 143-215.6 - Recodified as §§ A through C.
§ 143-215.6A - Enforcement procedurescivil penalties.
§ 143-215.6B - Enforcement procedurescriminal penalties.
§ 143-215.6C - Enforcement procedures; injunctive relief.
§ 143-215.6E - Violation Points System applicable to swine farms.
§ 143-215.8B - Basinwide water resources management plans.
§ 143-215.8D - North Carolina Water Quality Workgroup; Rivernet.
§ 143-215.9 - Restrictions on authority of the Commission.
§ 143-215.9B - Systemwide municipal and domestic wastewater collection system permit program report.
§ 143-215.9C - Use of certain types of culverts allowed.
§ 143-215.9D - Agricultural operation investigations confidential.
§ 143-215.9E - Initial consideration of complaint.
§ 143-215.10A - Legislative findings and intent.
§ 143-215.10C - Applications and permits.
§ 143-215.10D - Operations review.
§ 143-215.10E - Violations requiring immediate notification.
§ 143-215.10G - Fees for animal waste management systems.
§ 143-215.10H - Swine integrator registration.
§ 143-215.12 - Declaration of purpose.
§ 143-215.13 - Declaration of capacity use areas.
§ 143-215.14 - Rules within capacity use areas; scope and procedures.
§ 143-215.15 - Permits for water use within capacity use areas - Procedures.
§ 143-215.17 - Enforcement procedures.
§ 143-215.18 - Map or description of boundaries of capacity use areas.
§ 143-215.19 - Administrative inspection; reports.
§ 143-215.22 - Law of riparian rights not changed.
§ 143-215.22A - Water withdrawal policy; remedies.
§ 143-215.22B - Roanoke River Basin water rights.
§ 143-215.22H - Registration of water withdrawals and transfers required.
§ 143-215.22L - Regulation of surface water transfers.
§ 143-215.24 - Declaration of purpose.
§ 143-215.26 - Construction of dams.
§ 143-215.27 - Repair, alteration, or removal of dam.
§ 143-215.28 - Action by Commission upon applications.
§ 143-215.28A - Application fees.
§ 143-215.29 - Supervision by qualified engineers; reports and modification during work.
§ 143-215.30 - Notice of completion; certification of final approval; notice of transfer.
§ 143-215.31 - Supervision over maintenance and operation of dams.
§ 143-215.32 - Inspection of dams.
§ 143-215.32A - Dam Safety Emergency Fund.
§ 143-215.33 - Administrative hearing.
§ 143-215.34 - Investigations by Department; employment of consultants.
§ 143-215.35 - Liability for damages.
§ 143-215.36 - Enforcement procedures.
§ 143-215.37 - Rights of investigation, entry, access, and inspection.
§ 143-215.40 - Resolutions and ordinances assuring local cooperation.
§ 143-215.41 - Items of cooperation to which localities and the State may bind themselves.
§ 143-215.42 - Acquisition of lands.
§ 143-215.43 - Additional powers.
§ 143-215.44 - Right of withdrawal.
§ 143-215.45 - Transfer of right of withdrawal.
§ 143-215.46 - Exercise of right of withdrawal.
§ 143-215.47 - Effect of right of withdrawal on discharges of water.
§ 143-215.48 - Determining streamflows.
§ 143-215.49 - Right of withdrawal for use in community water supply.
§ 143-215.50 - Interpretation with other statutes.
§ 143-215.54 - Regulation of flood hazard areas; prohibited uses.
§ 143-215.54A - Minimum standards for ordinances; variances for prohibited uses.
§ 143-215.55 - Acquisition of existing structures.
§ 143-215.56A - Floodplain Mapping Fund.
§ 143-215.57 - Procedures in issuing permits.
§ 143-215.58 - Violations and penalties.
§ 143-215.59 - Other approvals required.
§ 143-215.60 - Liability for damages.
§ 143-215.61 - Floodplain management.
§ 143-215.62 - Revolving fund established; conditions and procedures.
§ 143-215.65 - Reports required.
§ 143-215.66 - Monitoring required.
§ 143-215.67 - Acceptance of wastes to disposal systems and air-cleaning devices.
§ 143-215.69 - Enforcement procedures.
§ 143-215.70 - Secretary of Environmental Quality authorized to accept applications.
§ 143-215.71 - Purposes for which grants may be requested.
§ 143-215.72 - Review of applications.
§ 143-215.73 - Recommendation and disbursal of grants.
§ 143-215.73A - Water Resources Development Plan.
§ 143-215.73B - Water resources development grants administration.
§ 143-215.73F - Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund.
§ 143-215.73J - Deep Draft Navigation Channel Dredging and Maintenance Fund.
§ 143-215.73M - Coastal Storm Damage Mitigation Fund.
§ 143-215.74F - Program authorized.