02 NCAC 59E .0103. REQUIREMENTS FOR CERTIFICATION OF WASTE MANAGEMENT PLANS

(a)  In accordance with 15A NCAC 02H .0217(a)(1), owners of animal waste management systems are required to:

(1)           obtain certification that the system will properly collect, treat, store, or apply animal waste to the land such that no discharge of pollutants occurs to surface waters of the state by any means except as a result of a storm event more severe than the 25‑year, 24‑hour storm as required in 15A NCAC 02H .0203(3); or

(2)           receive an individual nondischarge permit from the Division of Environmental Management in accordance with 15A NCAC 02H .0217(d).

(b)  The certification is to be made by a Technical Specialist designated pursuant to this Subchapter, and will confirm that the best management practices (BMPs) contained in the animal waste management plan meet applicable minimum standards and specifications.  BMPs in an existing system are not required to meet current standards and specifications as established by the Commission as long as the system is certified to be nondischarging as required in 15A NCAC 02H .0203(3).

(c)  More than one Technical Specialist may be consulted for the design of BMPs and installation of BMPs.  A Technical Specialist must certify the entire animal waste management plan as installed.

(d)  Upon receiving a certification from a Technical Specialist, the owner must submit a copy of the certification to DEM and a copy of both the certification and the waste management plan to the District in which the system is or is to be located.

(e)  The District shall review the waste management plan and, within 30 days of receipt of the plan, notify the owner, the certifying Technical Specialist, DEM and the Division if the District does not concur that the certification was signed by an approved Technical Specialist and that the waste management plan satisfies the purpose of proper conservation and utilization of farm generated animal by‑products.  If the District, upon review, concurs with the certification, no further action is required.

(f)  The District shall maintain a copy of all animal waste management plans and the accompanying certification form.

(g)  If the District does not concur that the certification was signed by a Technical Specialist, or that the waste management plan is acceptable, and if either the owner or the DEM requests that the District reconsider its decision, the District shall review its decision and within 45 days of the request, notify the owner, the certifying Technical Specialist, DEM, and the Division of the District's final decision.  The District is encouraged to utilize other technical specialists, local agricultural agencies and disinterested agricultural producers in reconsidering its initial decision.  If the District fails to act within 45 days on a request for reconsideration, the District's initial decision shall become final.

(h)  An owner not receiving concurrence from the District may request that the Commission mediate a dispute over concurrence.  Nothing in this Rule creates an administrative remedy which must be exhausted prior to exercising permit appeal rights pursuant to the rules of the Environmental Management Commission.

(i)  An owner who does not obtain a certification is not deemed permitted pursuant to G.S. 143‑215.1(d) and must apply for an individual permit from the Division of Environmental Management.  Nothing in these Rules prohibits permit appeal rights pursuant to the rules of the Environmental Management Commission.

(j)  Any proposed modification of an animal waste management plan requires approval by a Technical Specialist.

(k)  Any modifications made in the system as a result of changes in the operation such as types and numbers of animals, equipment, or crops, must be in accordance with the BMP standards and specifications approved by the Commission and in effect at the time of the modification.

(l)  A change in the cropping pattern as a result of weather‑caused delays after application of animal waste shall not require the owner to obtain a new certification as long as the owner followed the certified waste management plan application rates and no discharge occurs to surface waters.

(m)  The certifying Technical Specialist and the District are not required to spot check or otherwise assure proper maintenance and operation of an animal waste management system installed to meet the DEM certification requirements.  Enforcement of the Nondischarge Rule for Animal Waste Management Systems (15A NCAC 02H .0217) shall remain the responsibility of DEM.

 

History Note:        Authority G.S. 106-840; 106-850; 139‑4;

Temporary Adoption Eff. December 9, 1993 for a Period of 180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;

Eff. March 1, 1994;

Transferred from 15A NCAC 06F .0103 Eff. May 1, 2012.