15A NCAC 02T .1302      DEFINITIONS

The definitions in G.S. 143-215.10B, in Rule .0103 and .1102 of this Subchapter, and as follows shall apply to this Section.

(1)           "Animal waste management plan" means a plan to properly collect, store, treat or apply animal waste to the land in an environmentally safe manner developed in accordance with G.S. 143-215.10C.

(2)           "Animal Waste Residuals" means residuals that have been generated during the treatment of animal waste.

(3)           "Bag or other container" shall mean a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an open or closed receptacle with a load capacity of 1.102 short tons or one metric ton or less.

(4)           "Expanded animal waste management system" means an increase in the permitted steady state live weight associated with the animal waste management system.

(5)           "New animal waste management system" means animal waste management systems that are constructed and operated at a site where no feedlot existed previously or where a permit for a system has been rescinded and then reissued when the permittee confines animals in excess of the thresholds established in G.S. 143-215.10B. Notwithstanding Rule .1307(a) of this Section, a new animal waste management system shall not include a facility where a system serving a feedlot that has been abandoned or unused for a period of less than five years and then put back into service or if the facility:

(a)           has had no animals on site for five continuous years or more;

(b)           notifies the Division in writing at least 60 days prior to bringing any animals back on to the site;

(c)           was depopulated after January 1, 2005, and the system ceased operation no longer than 10 years prior to the current date;

(d)           at the time the system ceased operation, was in compliance with an individual permit or a general permit issued pursuant to G.S. 143-215.10C;

(e)           was issued an individual permit or certificate of coverage under a general permit issued pursuant to G.S. 143-215.10C for operation of the system before any animals are brought on the facility;

(f)            was issued a permit that does not allow production, measured by steady state live weight, to exceed the greatest steady state live weight previously permitted for the system under G.S. 143-215.10C;

(g)           has no component of the animal waste management system, other than an existing barn or land application site, constructed on land that is located within the 100-year floodplain; and

(h)           has an inactive animal waste management system that was not closed using the expenditure of public funds and was not closed pursuant to a settlement agreement, court order, cost share agreement, or grant condition.

(6)           "NRCS" means the U.S. Department of Agriculture ‑ Natural Resources Conservation Service.

History Note:        Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; S.L. 2013-413; S.L. 2015-263;

Eff. September 1, 2006;

Readopted Eff. September 1, 2018.