AN ACT to revise waste management plan submission requirements for dry litter poultry facilities.

Whereas, as poultry production in the United States has increased, the total number of farms has declined; and

Whereas, ninety‑seven percent (97%) of the 9 billion chickens produced for consumption each year are raised in Concentrated Animal Feeding Operations (CAFOs); and

Whereas, among all CAFOs in the State, those with poultry are the largest source of nutrients from waste. The waste produced, known as dry litter, is a mixture of manure, bedding, and feathers that contains heavy metals and pathogens in addition to nutrients; and

Whereas, for disposal, the waste is applied onto adjacent fields or trucked a short distance to be used as fertilizer. When mobilized in runoff or subsurface flow, the waste is a threat to water quality; and

Whereas, because dry litter poultry operations do not discharge their waste directly to surface waters, they are not regulated under the National Pollution Discharge Elimination System (NPDES), and these operations are deemed permitted unless an illicit discharge is reported and documented by staff; and

Whereas, while some states have created waste permitting and reporting requirements, others including North Carolina have not; and

Whereas, in addition to nutrient pollution from runoff of land application sites, the lack of regulatory oversight for dry poultry litter also threatens surrounding communities through pathogen‑laden surface waters and contaminated flood waters; and

Whereas, this pollution disproportionately impacts communities of color and jeopardizes economic drivers in all communities; and

Whereas, G.S. 143‑215.10C requires that any owner or operator of a dry litter poultry facility that is not subject to federal regulation but that involves 30,000 or more birds shall develop an animal waste management plan; and

Whereas, the North Carolina Department of Environmental Quality basin planning division has requested access to any information regarding nutrient loading rates from dry litter poultry operations; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143‑215.10C(f) reads as rewritten:

(f)       Any owner or operator of a dry litter poultry facility that is not required to be permitted under 40 Code of Federal Regulations § 122, as amended at 73 Federal Register 70418 (November 20, 2008), but that involves 30,000 or more birds shall develop and annually submit to the Department in a digital format an animal waste management plan that complies with the testing and record‑keeping requirements under subdivisions (6) through (8) of subsection (e) of this section. Any operator of this type of animal waste management system shall retain records required under this section and by the Department on‑site for three years.

SECTION 2.  The sum of twenty‑five thousand dollars ($25,000) in nonrecurring funds for the 2021‑2022 fiscal year is appropriated from the General Fund to the Department of Environmental Quality to be allocated to the Division of Water Resources to develop educational resources and provide technical assistance for owners and operators of dry litter poultry facilities in complying with the reporting requirement set out in this act.

SECTION 3.  Section 2 of this act becomes effective July 1, 2021. The remainder of this act is effective when it becomes law.