(a) As used in this section:

(1) “Anaerobic lagoon” means a lagoon that treats waste by converting it into carbon dioxide, methane, ammonia, and other gaseous compounds; organic acids; and cell tissue through an anaerobic process.

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Terms Used In North Carolina General Statutes 143-215.10I

(2) “Anaerobic process” means a biological treatment process that occurs in the absence of dissolved oxygen.

(3) “Lagoon” has the same meaning as in N.C. Gen. Stat. § 106-802

(4) “Swine farm” has the same meaning as in N.C. Gen. Stat. § 106-802

(b) The Commission shall not issue or modify a permit to authorize the construction, operation, or expansion of an animal waste management system that serves a swine farm that employs an anaerobic lagoon as the primary method of treatment and land application of waste by means of a sprayfield as the primary method of waste disposal unless:

(1) The permitting action does not result in an increase in the permitted capacity of the swine farm, as measured by the annual steady state live weight capacity of the swine farm; or

(2) The Commission determines that the animal waste management system will meet or exceed all of the following performance standards:

a. Eliminate the discharge of animal waste to surface water and groundwater through direct discharge, seepage, or runoff.

b. Substantially eliminate atmospheric emission of ammonia.

c. Substantially eliminate the emission of odor that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located.

d. Substantially eliminate the release of disease-transmitting vectors and airborne pathogens.

e. Substantially eliminate nutrient and heavy metal contamination of soil and groundwater. (2007-523, s. 1(a); 2020-18, s. 11.)