2 N.C. Admin. Code 59E.0103

Current through Register Vol. 39, No. 11, December 2, 2024

Section 59E .0103 - REQUIREMENTS FOR CERTIFICATION OF WASTE MANAGEMENT PLANS

(a) An animal waste management plan shall not be deemed approved as required by G.S. 143-215.10C(d) unless a technical specialist certifies that the system is designed and installed to properly collect, treat, store, or apply animal waste as required by G.S. 143-215.10C and 15A NCAC 02T .1300.

(b) The certification shall be made by a technical specialist and shall confirm that the best management practices (BMPs) contained in the animal waste management plan meet applicable standards and specifications pursuant to Rule .0104 of this Subchapter. BMPs in an existing system shall not be 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 G.S. 143-215.10C.

(c) More than one technical specialist may be consulted for the design of BMPs and installation of BMPs. A technical specialist shall certify only parts of the animal waste management plan within their approved designated category pursuant to 02 NCAC 59G .0104 and for which they are technically competent. The technical specialist shall provide a copy of the certification to the owner or operator of the animal waste management system.

(d) Any modification of an animal waste management plan shall be certified by a technical specialist.

(e) 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 application rates set forth in the certified waste management plan and no discharge occurs to surface waters.

(f) The certifying technical specialist and the District shall not be required to spot check or otherwise assure proper maintenance and operation of an animal waste management system installed to meet the certification requirements pursuant to G.S. 143-215.10C.

02 N.C. Admin. Code 59E .0103

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;
Readopted Eff. November 1, 2017.

Amended by North Carolina Register Volume 32, Issue 11, December 1, 2017 effective 11/1/2017.