For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL WASTE. Livestock or poultry excreta or a mixture of excreta with animal feed, bedding, litter, carcasses, or other materials, and livestock and poultry carcasses.
ANIMAL WASTE MANAGEMENT SYSTEM. A combination of structural and nonstructural practices which are designed to collect, treat, store, or apply animal waste to the land such that no discharge of pollutants occurs to surface waters of the state by any means except as a result of a storm event more severe than the 25-year, 24-hour storm.
APPROVED ANIMAL WASTE MANAGEMENT PLAN. A plan to properly collect, store, treat, and/or apply animal waste to the land in an environmentally-safe manner and approved according to the procedures established in 15A North Carolina Administrative Code (“NCAC”) 2H.0217(a)(l)(H).
BCHD. Beaufort County Health Department.
DAQ. The Division of Air Quality within the State Department of Environmental and Natural Resources.
DWQ. The Division of Water Quality within the State Department of Environmental and Natural Resources.
DIRECTOR. The Director of the BCHD or his or her designee.
GROUNDWATERS. Those waters as defined in 15A NCAC 2L.
INTENSIVE LIVESTOCK OPERATIONS or ILO. Any enclosure, pen, feedlot, building, or group of buildings intended for the confined feeding, breeding, raising, or hold of animals and either specifically designed as a confinement area in which animal waste may accumulate or where the concentration of animals is such that an established vegetative cover cannot be maintained and contains or is designed to contain sufficient number of animals on site to equal or exceed the following threshold levels:
(1) One hundred head of cattle;
(2) Seventy-five horses;
(3) Two hundred and fifty swine;
(4) One thousand sheep or goats; or
(5) Thirty thousand birds.
NEW ANIMAL WASTE TREATMENT WORKS AND DISPOSAL/UTILIZATION SYSTEM. Facilities that are constructed and operated at the site where no ILO existed previously or where an ILO has been abandoned or inoperative for a period of six months or more.
OFF-SITE DRINKING WATER SOURCE. Any privately- or publicly-owned well, from which drinking water is obtained lying outside the boundaries of the property on which an ILO is proposed.
OPERATION. From the date on which the threshold level of a particular type of animal is on-site, regardless of whether that number may fall below the threshold level on any later date.
OPERATOR or OWNER. Any person, firm, corporation, limited liability company, or any other entity which owns or operates an ILO located within the county. OPERATORS shall include those entities, which manage or contract for the management of an ILO.
SURFACE WATERS. All waters of the state as defined in G.S. § 143-212, except underground waters.
UNDER CONSTRUCTION. A proposed ILO must possess the following attributes:
(1) Having acquired fee simple title in the real property for the proposed ILO by deed recorded at or before 5:00 p.m. of the effective date of this chapter in the County Register of Deeds;
(2) Having obtained all necessary permits from applicable federal, state, and local agencies, including, but not limited to:
(a) Any permit required from the State Division of Water Quality, Department of Environmental and Natural Resources; and
(b) Any building permit, electrical permit, and/or certificate of occupancy, as the same are required by the county.
(3) Having incurred substantial expenditures or contractual obligations in good faith reliance on any permit lawfully issued by the county or the state.
WASTE STORAGE FACILITY. The location used to store animal waste and/or animal waste by-products for at least six months out of any 12-month period.
(Ord. passed 4-4-2000)