(A) Compliance with existing state laws and regulations.
(1) No person or entity shall construct, operate, or expand any ILO except in conformity with this chapter and 15A NCAC 2H.0200, as it may be amended from time to time.
(2) To facilitate the administration of this chapter in conjunction with state and federal specifications, the Director is authorized and directed to work and communicate with the State DWQ, State DAQ, Natural Resources Conservation Service of the United States Department of Agriculture (“NRCS”), County Cooperative Extension, and the County Soil and Water Conservation District. The Director shall undertake any actions necessary to coordinate local involvement in all procedures of the DWQ, DAQ, and the NRCS relative to new ILOs and their animal waste management systems in the county.
(3) Operating facilities as of the date of adoption of this chapter and non-operating facilities that are under construction as that phrase is defined herein, are exempt from BCHD setback and closure rules contained herein.
(4) Except as recited herein, an expansion of an existing ILO must be accomplished in accordance with the requirements set forth herein.
(B) ILO construction or enlargement permit.
(1) All new ILOs shall obtain an ILO construction permit (“permit”) from the BCHD. The permit shall be required prior to the construction of the facilities, as applicable. A permit may be issued by the BCHD only after certification by the NRCS that the proposed construction or expansion meets all NRCS and state requirements for design and siting.
(2) On or immediately after adoption hereof, in addition to the requirements of division (B)(1) above, no new or expanded ILO shall begin construction without first meeting the requirements in Appendix A to this chapter. Two copies of the supporting documents and information described in Appendix A to this chapter shall be supplied to the BCHD.
(3) Upon receipt of the information required in Appendix A to this chapter, and in consultation with DWQ, DAQ, NRCS, and the Beaufort Soil and Water Conservation District (“BSWCD”), the BCHD shall review the information. The BCHD shall review the proposed construction relative to the siting and design requirements contained herein, and verify that the proposed ILO meets standards and specifications as certified by NRCS. Action shall be taken by the BCHD on the information required by division (B)(2) above within 30 days from receipt. All denials of permits shall be in writing and be supported by written findings of fact.
(4) An approved groundwater monitoring system will be required for all new and expanded ILOs to prevent contamination or to ensure the quality of a drinking water source.
(5) Failure to comply with all applicable sections of this chapter may result in revocation of a permit. Prior to any revocation action, the permit holder shall receive written notification from the Director of the violation and be allowed 30 days from receipt of the written notice to correct the violation. If the problem is not timely corrected and the Director intends to revoke a permit, the Director shall notify the permit holder in writing of the intention to revoke and the permit holder’s appeal rights under G.S. § 130A-24(b). If no timely appeal is taken by the permit holder, the Director may revoke the permit. If an appeal is timely taken, the procedure on appeal shall be governed by G.S. § 130A-24, and the Director shall bear the burden of proof by a preponderance of the evidence in support of the revocation action.
(Ord. passed 4-4-2000) Penalty, see § 91.99