Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Contents of a best management plan. The best management plan for animal
operations shall:
(1) identify the name,
location, and owner of the animal operation;
(2) identify the name, title, address, and
telephone number of the person filing the plan;
(3) identify the sources of odor within the
animal operation;
(4) describe how
odor will be controlled from:
(A) the animal
houses;
(B) the animal wastewater
lagoon, if used;
(C) the animal
wastewater application lands, if used;
(D) waste conveyances and temporary
accumulation points; and
(E) other
possible sources of odor within the animal operation;
(5) contain a diagram showing all structures
and lagoons at the animal operation, forced air directions, and approximate
distances to structures or groups of structures within 3000 feet of the
property line of the animal operation; an aerial photograph may be submitted in
place of a diagram provided the items required in accordance with this
Subparagraph of this Rule are shown;
(6) for existing animal operations, contain a
schedule not to exceed six months by which the plan will be implemented. A new
animal operation shall and be in compliance with its best management plan when
it begins operations. For an amended best management plan, the implementation
schedule shall not exceed six months;
(7) describe how the plan will be
implemented, including training of personnel;
(8) describe inspection and maintenance
procedures; and
(9) describe
methods of monitoring and recordkeeping to verify compliance with the
plan.
(b) The Division
shall review all best management plan submittals within 30 days of receipt to
determine if the submittal is complete or incomplete for processing purposes.
To be complete, the submittal shall contain all the elements listed in
Paragraph (a) of this Rule. The Division shall notify the person submitting the
plan by letter stating that:
(1) the submittal
is complete;
(2) the submittal is
incomplete and identifying the missing elements and a date by which the missing
elements need to be submitted to the Division; or
(3) the best management plan is incomplete
and requesting that the person rewrite and resubmit the plan.
(c) Approval of the best
management plan. The Director shall approve the plan if he or she finds that:
(1) the plan contains all the required
elements in Paragraph (a) of this Rule;
(2) the proposed schedule contained in the
plan will reduce objectionable odors;
(3) the methods used to control objectionable
odors will prevent objectionable odors beyond the property lines of the animal
operation. The Director shall not consider impacts of objectionable odors on
neighboring property if the owner of the neighboring property agrees in writing
that he or she does not object to objectionable odors on his or her property
and this written statement is included with the proposed best management plan.
This agreement becomes void if the neighboring property changes ownership. If
the neighboring property changes ownership, the plan shall be revised, if
necessary, to prevent objectionable odors on this property unless the new owner
agrees in writing that he or she does not object to objectionable odors on his
property; and
(4) the described
methods verify compliance with the plan.
Within 90 days after receipt of a plan, the Director shall
determine whether the proposed plan meets the requirements of this Paragraph.
If the Director finds that the proposed plan does not meet the requirements of
this Paragraph, he or she shall notify the owner or operator of the animal
operation in writing of the deficiencies in the proposed plan. The owner or
operator shall have 30 days after receiving written notification from the
Director to correct the deficiencies. If the Director finds that the proposed
plan is acceptable, he or she shall notify the owner or operator in writing
that the proposed plan has been approved.
Authority
G.S.
143-215.3(a)(1);
143-215.65;
143-215.66;
143-215.107(a)(11);
Temporary Adoption Eff. April 27, 1999; March 1, 1999;
Eff. July 1,
2000;
Readopted Eff. September 1,
2019.