Volume 21 | Issue 3
NC Farm Bureau wins in fight against unfair General Permit conditions
Three controversial conditions that were included in the 2019 General Permit are now permanently voided, according to an order issued yesterday by the Administrative Office of the Courts.
 
A previous order in the case issued in May 2020, had barred NCDEQ from enforcing the three permit conditions in question while the case was pending. Yesterday’s order marks the resolution of the challenge.
 
The three conditions that will be removed are:
·    Phosphorus Loss Assessment Tests (PLAT evaluations)
·    Groundwater monitoring wells for farms in the 100-year floodplain
·    Annual reports *
 
The remainder of the 2019 General Permit is still in effect.
 
NCDEQ has thirty days to appeal the Final Decision to the Wake County Superior Court.

Additional Background:
 
Last May, the North Carolina Farm Bureau won a favorable ruling from the NC Office of Administrative Hearings in an appeal of three conditions that were included in the 2019 swine, cattle and wet poultry state general permits. In that appeal, filed in 2019, NCFB argued that the NC Department of Environmental Quality should have adopted those three permit conditions as rules under the NC Administrative Procedure Act before their inclusion in the permits.
 
In that May ruling, an administrative law judge agreed with NCFB, concluding that DEQ “erred in not submitting for rulemaking the three special conditions added to the General Ag Permits. The three conditions are Phosphorus Loss Assessment Tests (PLAT evaluations), ground-water monitoring, and annual reporting.”
 
* Annual reports submitted before the OAH ruling are, by law, a public record, therefore cannot be destroyed and will remain on file with DEQ.

If you have any questions, email angie@ncpork.org.
Upcoming continuing ed classes
Classes taught by Eve Honeycutt (Extension agent in Lenoir and Greene counties):
  • Monday, February 22 from 9-12 am (repeat of class held on November 10, 2020) Topics include Sludge sampling, Weather, Hay production, and tissue sampling
  • Tuesday, February 23 from 4-7 pm (repeat of class held on December 3, 2020) Topics include: Sludge Management, NC Pork Council update, African Swine Fever
  • Wednesday, February 24 from 1-4 pm (repeat of class held on December 16, 2020) Topics include: Using Animal Waste in Forestry, Bermudagrass Fertilization issues, Research on identifying DNA of waste products
You must register to receive the link for the meeting. Please register at the link below:
In the News...
The Feral Swine Task Force has received more than $2.6 million in grants to help combat the feral swine problem in six North Carolina counties. Grants include $620,000 for Sampson County North, $750,000 for Sampson County South and $1.25 million for the Five County Feral Swine Trap Grant. The grant programs will run through August 2023. More information can be found online at www.ncferalswine.org

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