Poultry Waste Management.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 867

Short Title: Poultry Waste Management. (Public)
Sponsors: Representatives Harrison, Butler, Greenfield, and Rubin (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 10, 2025
*H867-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE A P ERMITTING PROGRAM FO R DRY LITTER POULTRY 2
OPERATIONS; TO DIREC T THE ENVIRONMENTAL REVIEW COMMISSION TO 3
STUDY AND DETERMINE THE NUMBER AND LOCAT ION OF POULTRY FARMS 4
(CAFOS) IN NORTH CAR OLINA, THE DRY LITTE R WASTE MANAGEMENT 5
SYSTEMS AND PRACTICE S THAT ARE EMPLOYED BY THESE FARMS, THE 6
POTENTIAL ENVIRONMENTAL AND HEALTH IMPACTS AND DAMAGES THESE 7
SYSTEMS AND PRACTICE S MAY HAVE, AND RECO MMENDATIONS ON HOW 8
BEST TO REGULATE THESE WASTE MANAGEMENT SYSTEMS IN PROTECTING 9
THE ENVIRONMENT AND THE PUBLIC'S HEALTH AND SAFETY; AND TO REVISE 10
WASTE MANAGEMENT PLA N SUBMISSION REQUIRE MENTS FOR DRY LITTER 11
POULTRY FACILITIES. 12
Whereas, as poultry production in the United States has increased, the total number 13
of farms has declined; and 14
Whereas, ninety -seven percent (97%) of the 9 billion chickens produced for 15
consumption each year are raised in Concentrated Animal Feeding Operations (CAFOs); and 16
Whereas, it is estimated that in 2022, the State had over 544 million poultry and 4,863 17
dry litter poultry facilities, compared to 8.8 million hogs and 2,489 hog farms; and 18
Whereas, among all animal operations in the State, those with poultry are the largest 19
source of nutrients from waste. The waste produced, known as dry litter, is a mixture of manure, 20
bedding, and feathers that contains heavy metals and pathogens in addition to nutrients; and 21
Whereas, for disposal, the waste is applied onto adjacent fields or trucked a short 22
distance to be used as fertilizer. When mobilized in runoff or subsurfa ce flow, the waste is a 23
threat to water quality; and 24
Whereas, because dry litter poultry operations do not discharge their waste directly to 25
surface waters, they are not regulated under the National Pollution Discharge Elimination System 26
(NPDES), and these operations are deemed permitted unless an illicit discharge is reported and 27
documented by staff; and 28
Whereas, in addition to nutrient pollution from runoff of land application sites, the 29
lack of regulatory oversight for dry poultry litter also threatens surrounding communities through 30
pathogen-laden surface waters, odor and health hazards from disposal of dead birds, and 31
contaminated flood waters; and 32
Whereas, this pollution disproportionately impacts communities of color and 33
jeopardizes economic drivers in all communities; and 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 867-First Edition
Whereas, G.S. 143-215.10C requires that any owner or operator of a dry litter poultry 1
facility that is not subject to federal regulation but that involves 30,000 or more birds shall 2
develop an animal waste management plan; and 3
Whereas, the North Carolina Department of Environmental Quality basin planning 4
group has requested access to any information regarding nutrient loading rates from dry litter 5
poultry operations; and 6
Whereas, a study of the industrial poultry industry would be beneficial to all because 7
there have been substantial technological advances in the disposition of poultry waste, including 8
various recycling technologies such as anaerobic digestion that result in beneficial economic 9
outcomes to both the industry and the public, and there has been significant passage of time since 10
this part of the agricultural sector of the State has been studied; Now, therefore, 11
The General Assembly of North Carolina enacts: 12
13
PART I. PERMITTING O F INDUSTRIAL POULTRY OPERATIONS AND LIMI T 14
THOSE OPERATIONS IN 100-YEAR FLOODPLAIN 15
SECTION 1.(a) G.S. 143-215.10B(1) reads as rewritten: 16
"(1) "Animal operation" means (i) any agricultural feedlot activity involving 250 17
or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more 18
sheep, or 30,000 or more confined poultry with a liquid animal waste 19
management system, or 82,000 or more confined poultry with a dry litter 20
waste management system or (ii) any agricultural feedlot activity with a liquid 21
animal waste management system that discharges to the surface waters of the 22
State. A public livestock market regulated under Article 35 of Chapter 106 of 23
the General Statutes is an animal operation for purposes of this Part." 24
SECTION 1.(b) G.S. 143-215.10C reads as rewritten: 25
"§ 143-215.10C. Applications and permits. 26
(a) No person shall construct or operate an animal waste management system for an 27
animal operation or operate an animal waste management system for a dry litter poultry facility 28
that is required to be permitted under 40 Code of Fede ral Regulations § 122, as amended at 73 29
Federal Register 70418 (November 20, 2008), without first obtaining an individual permit or a 30
general permit under this Article. The Commission shall develop a system of individual and 31
general permits for animal operations and operations, including dry litter poultry facilities 32
facilities, based on species, number of animals, and other relevant factors. The Commission shall 33
develop a general permit for animal operations that includes authorization for the permittee to 34
construct and operate a farm digester system. It is the intent of the General Assembly that most 35
animal waste management systems be permitted under a general permit. The Commission, in its 36
discretion, may require that an animal waste management system, in cluding an animal waste 37
management system that utilizes a farm digester system, be permitted under an individual permit 38
if the Commission determines that an individual permit is necessary to protect water quality, 39
public health, or the environment. After t he general permit for animal operations that includes 40
authorization for the permittee to construct and operate a farm digester system has been issued, 41
the decision to require an individual permit shall not be based solely on the fact that the animal 42
waste management system utilizes a farm digester system. The owner or operator of an animal 43
operation shall submit an application for a permit at least 180 days prior to construction of a new 44
animal waste management system or expansion of an existing animal waste management system 45
and shall obtain the permit prior to commencement of the construction or expansion. The owner 46
or operator of a dry litter poultry facility that is required to be permitted under 40 Code of Federal 47
Regulations § 122, as amended at 73 Federal Register 70418 (November 20, 2008), shall submit 48
an application for a permit at least 180 days prior to operation of a new animal waste management 49
system. 50
General Assembly Of North Carolina Session 2025
House Bill 867-First Edition Page 3
(a1) An owner or operator of an animal waste management system for an animal operation 1
or a dry litter poultry facility that is required to be permitted under 40 Code of Federal 2
Regulations § 122, as amended at 73 Federal Register 70418 (November 20, 2008), shall apply 3
for an individual National Pollutant Discharge Elimination System (NPDES) permit or a general 4
NPDES permit under this Article and may not discharge into waters of the State except in 5
compliance with an NPDES permit. 6
(b) An animal waste management system that is not required to be permitted under 40 7
Code of Federal Regulations § 122, as amended at 73 Federal Register 70418 (November 20, 8
2008), shall be designed, constructed, and operated so that the animal operation served by the 9
animal waste management system does not cause pollution in the waters of the State except as 10
may result because of rainfall from a storm event more severe than the 25-year, 24-hour storm. 11
(b1) An existing animal waste management system that is required to be permitted under 12
40 Code of Federal Regulations § 122, as amended at 73 Federal Register 70418 (November 20, 13
2008), shall be designed, constructed, maintained, and operated in accordance with 40 Code of 14
Federal Regulations § 412, as amended at 73 Federal Register 70418 (November 20, 2008), so 15
that the animal operation served by the animal waste management system does not cause 16
pollution in waters of the State except as may result because of rainfall from a storm event more 17
severe than the 25-year, 24-hour storm. A new animal operation or dry litter poultry facility that 18
is required to be permitted under 40 Code o f Federal Regulations § 412.46, as amended at 73 19
Federal Register 70418 (November 20, 2008), shall be designed, constructed, maintained, and 20
operated so that there is no discharge of pollutants to waters of the State. 21
(c) The Commission shall act on a permit application as quickly as possible and may 22
conduct any inquiry or investigation it considers necessary before acting on an application. No 23
permit shall be denied, and no condition shall be attached to a permit, except when the 24
Commission finds that the denial or conditions are necessary to effectuate the purposes of this 25
Part. 26
(c1) Failure of the Commission to make a final permitting decision involving a notice of 27
intent for a certificate of coverage under a general permit for animal operations that includes 28
authorization for the permittee to construct and operate a farm digester system within 90 days of 29
the Commission's receipt of a completed notice of intent shall result in the deemed approval of 30
coverage under the permit. If the Commission fails to act within 90 days of the Commission's 31
receipt of a completed notice of intent, the permittee may request that the Commission provide 32
written confirmation that the notice of intent is deemed approved. Failure to provide this written 33
confirmation within 10 days of the request shall serve as a basis to seek a contested case hearing 34
pursuant to Article 3 of Chapter 150B of the General Statutes. Unless all parties to the case agree 35
otherwise in writing, the administrative law judge shall issue a final decision or order in the 36
contested case no later than 120 days after its commencement pursuant to G.S. 150B-23; 37
provided that, upon written request of the administrative law judge or any party to the hearing, 38
the Chief Administrative Law Judge may extend this dead line for good cause shown, no more 39
than two times, for not more than 30 days per extension. Upon review of a failure to act on a 40
notice of intent, the administrative law judge may either (i) direct the Commission to issue a 41
written certificate of coverage under the general permit or (ii) deny the petition. 42
(d) All applications for permits or for renewal of an existing permit shall be in writing, 43
and the Commission may prescribe the form of the applications. All applications shall include an 44
animal waste management system plan approved by a technical specialist. The Commission may 45
require an applicant to submit additional information the Commission considers necessary to 46
evaluate the application. Permits and renewals issued pursuant to this section shall be e ffective 47
until the date specified therein or until rescinded unless modified or revoked by the Commission. 48
(e) An animal waste management plan for an animal operation shall include all of the 49
following components: 50
General Assembly Of North Carolina Session 2025
Page 4 House Bill 867-First Edition
(1) A checklist of potential odor sources and a choice of site -specific, 1
cost-effective remedial best management practices to minimize those sources. 2
(2) A checklist of potential insect sources and a choice of site -specific, 3
cost-effective best management practices to minimize insect problems. 4
(3) Provisions that set forth acceptable methods of disposing of mortalities. 5
(4) Provisions regarding best management practices for riparian buffers or 6
equivalent controls, particularly along perennial streams. 7
(5) Provisions regarding the use of emergency s pillways and site -specific 8
emergency management plans that set forth operating procedures to follow 9
during emergencies in order to minimize the risk of environmental damage. 10
(6) Provisions regarding periodic testing of waste products used as nutrient 11
sources as close to the time of application as practical and at least within 60 12
days of the date of application and periodic testing, at least once every three 13
years, of soils at crop sites where the waste products are applied. Nitrogen 14
shall be a rate-determining element. Phosphorus shall be evaluated according 15
to the nutrient management standard approved by the Soil and Water 16
Conservation Commission of the Department of Agriculture and Consumer 17
Services and the Natural Resources Conservation Service of the United States 18
Department of Agriculture for facilities that are required to be permitted under 19
40 Code of Federal Regulations § 122, as amended at 73 Federal Register 20
70418 (November 20, 2008). If the evaluation demonstrates the need to limit 21
the application of phosphorus in order to comply with the nutrient 22
management standard, then phosphorus shall be a rate -determining element. 23
Zinc and copper levels in the soils shall be monitored, and alternative crop 24
sites shall be used when these metals approach excess levels. 25
(7) Provisions regarding waste utilization plans that assure a balance between 26
nitrogen and phosphorus application rates and nitrogen and phosphorus crop 27
requirements, that assure that lime is applied to maintain pH in the optimum 28
range for crop production, and that include corrective action, including 29
revisions to the waste utilization plan based on data of crop yields and crops 30
analysis, that will be taken if this balance is not achieved as determined by 31
testing conducted pursuant to subdivision (6) of this subsection. 32
(8) Provisions regarding the completion and maintenance of records on forms 33
developed by the Department, which records shall include information 34
addressed in subdivisions (6) and (7) of this subsection, including the dates 35
and rates that waste products are applied to soils at crop sites, and shall be 36
made available upon request by the Department. 37
(f) Any owner or operator of a dry litter poultry facility that is not required to be 38
permitted under 40 Code of Federal Regulations § 122, as amended at 73 Federal Register 70418 39
(November 20, 2008), but that involves 30,000 or more birds shall develop an animal waste 40
management plan that complies with the testing and record -keeping requirements under 41
subdivisions (6) through (8) of subsection (e) of this section. Any operator of this type of animal 42
waste management system shall retain records required under this section and by the Department 43
on-site for three years. 44
(f1) An animal waste management plan for a dry litter poultry facility requ ired to be 45
permitted under 40 Code of Federal Regulations § 122, as amended at 73 Federal Register 70418 46
(November 20, 2008), shall include the components set out in subdivisions (3), (6), (7), and (8) 47
of subsection (e) of this section, and to the extent required by 40 Code of Federal Regulations § 48
122, as amended at 73 Federal Register 70418 (November 20, 2008), for land application 49
discharges, subdivision (4) of subsection (e) of this section. 50
General Assembly Of North Carolina Session 2025
House Bill 867-First Edition Page 5
(f2) Periodic testing of waste products as required in subdivi sion (6) of subsection (e) of 1
this section, subsection (f) of this section and subsection (f1) of this section may be temporarily 2
suspended in compliance with G.S. 106-399.4 when the State Veterinarian, in consultation with 3
the Commissioner of Agriculture and with the approval of the Governor, determines that there is 4
an imminent threat within the State of a contagious animal disease. The suspension of testing 5
only applies to the animal operation types designated by the State Veterinarian, and shall be in 6
effect for a period of time that the State Veterinarian deems necessary to prevent and control the 7
animal disease. During the suspension of waste analysis, waste product nutrient content to be 8
used for application of waste at no greater than agronomic rates shall be established by the 1217 9
Interagency Committee as created by Session Law 1995-626. 10
…." 11
SECTION 1.(c) Part 1A of Article 21 of Chapter 143 of the General Statutes is 12
amended by adding a new section to read: 13
"§ 143-215.10J. Industrial scale animal waste management systems forbidden in 100-year 14
floodplain. 15
No component of an animal waste management system for an animal operation shall be 16
constructed on land that is located within the 100 -year floodplain. As used in this section, 17
"100-year floodplain " means any area subject to inundation by the one percent (1%) annual 18
chance flood event, as indicated on the most recent Flood Insurance Rate Map prepared by the 19
Federal Emergency Management Agency under the National Flood Insurance Program." 20
SECTION 1.(d) G.S. 106-850 reads as rewritten: 21
"§ 106-850. Agriculture cost share program. 22
(a) There is created the Agriculture Cost Share Program for Nonpoint Source Pollution 23
Control. The program shall be created, implemented, and supervised by the Soil and Water 24
Conservation Commission. 25
(b) The program shall be subject to the following requirements and limitations: 26
… 27
(5) Funding may be provided to assist practices including conservation tillage, 28
diversions, filter strips, field borders, critical area plantings, se dimentation 29
control structures, sod -based rotations, grassed waterways, strip -cropping, 30
terraces, cropland conversion to permanent vegetation, grade control 31
structures, water control structures, closure of lagoons, closure of animal 32
waste management system s as defined in G.S. 143-215.10B located in 33
100-year floodplains, emergency spillways, riparian buffers or equivalent 34
controls, odor control best management practices, insect control best 35
management practices, and animal waste management systems and 36
application. Funding for animal waste management shall be allocated for 37
practices in river basins such that the funds will have the greatest impact in 38
improving water quality. 39
…." 40
SECTION 1.(e) This section becomes effective January 1, 2026. 41
42
PART II. STUDY 43
SECTION 2.(a) The definitions set out in G.S. 143-215.10B shall apply to this act. 44
SECTION 2.(b) The Environmental Review Commission shall conduct a 45
fact-driven, science -based study of the environmental and public health impacts of dry litter 46
poultry was te in North Carolina and the potential regulatory and technological solutions for 47
addressing these impacts. The Commission shall specifically study all of the following: 48
(1) The growth of the poultry industry in the State, including the current location, 49
size, and number of dry litter poultry facilities in the State. 50
General Assembly Of North Carolina Session 2025
Page 6 House Bill 867-First Edition
(2) The location, size, and number of dry litter poultry facilities located in the 1
100-year and 500 -year floodplains. The Commission shall consider options 2
for removing such facilities from flo odplains or requiring management 3
practices to make such facilities more resilient during flooding events. 4
(3) The amount of dry litter poultry waste produced by dry litter poultry facilities, 5
the methods of disposing of the waste, the documentation of how waste is 6
disposed of, and how much of the waste is disposed of on -site by the waste 7
generator and how much is disposed of off-site by a third-party hauler or waste 8
transport and disposal company. 9
(4) For dry litter poultry waste that is land applied off -site, the location of those 10
land application sites, and the number of such sites in the 100-year floodplain 11
and 500-year floodplain. 12
(5) The environmental impacts of dry litter poultry waste, including surface water 13
impacts, groundwater impacts, soil contami nation, and atmospheric 14
deposition caused by nutrients such as nitrogen and phosphorus and heavy 15
metals such as arsenic, copper, and zinc. 16
(6) The public health impacts of dry litter poultry waste, including impacts related 17
to odor, drinking water contamination, drug residues, pathogens, and disease 18
vectors and pests. 19
(7) The health impacts of dry litter poultry waste on workers at dry litter poultry 20
facilities and people living in close proximity to dry litter poultry facilities. 21
(8) The cumulative environmental and public health impacts of waste produced 22
by dry litter poultry facilities and animal operations for swine. 23
(9) The current regulation of dry litter poultry facilities and the potential 24
regulation of dry litter poultry facilities to better protect the environment and 25
public health. The Commission shall identify the deficiencies in the regulation 26
of dry litter poultry facilities in the State and consider whether and to what 27
extent the regulation of animal operations for swine and other livestock in the 28
State should be applied to dry litter poultry facilities. 29
(10) The disposal of dead poultry in cases of severe storms or flooding events. 30
(11) The current and potential animal waste management technologies that could 31
reduce or eliminate the environment al and public health impacts of dry litter 32
poultry waste. 33
(12) Suggestions for changes in public records laws needed to allow for greater 34
public transparency about dry litter poultry facilities and more efficient use of 35
limited public regulatory enforcemen t resources for protection of the State's 36
air and waters. 37
(13) The need for additional resources, including appropriations, professional 38
expertise, and scientific studies, necessary to comprehensively examine the 39
issues set out in this act. 40
SECTION 2.(c) Upon its request, the Commission shall be assisted by all State 41
agencies, including the Department of Agriculture and Consumer Services, the Department of 42
Environmental Quality, the Department of Health and Human Services, the Department of Labor, 43
the North Carolina Poultry Federation, and The University of North Carolina and its constituent 44
institutions. The Commission may request recommendations from any of these entities related to 45
any of the topics set out in this act. 46
SECTION 2.(d) The Commission shal l report its findings, including any 47
recommendations, to the 2026 Regular Session of the 2025 General Assembly upon its 48
convening. 49
50
PART III. REPORTING REQUIREMENT 51
General Assembly Of North Carolina Session 2025
House Bill 867-First Edition Page 7
SECTION 3.(a) G.S. 143-215.10C(f) reads as rewritten: 1
"(f) Any owner or operator of a dry l itter poultry facility that is not required to be 2
permitted under 40 Code of Federal Regulations § 122, as amended at 73 Federal Register 70418 3
(November 20, 2008), but that involves 30,000 or more birds shall develop and annually submit 4
to the Department in a digital format an animal waste management plan that complies with the 5
testing and record-keeping requirements under subdivisions (6) through (8) of subsection (e) of 6
this section. Any operator of this type of animal waste management system shall retai n records 7
required under this section and by the Department on-site for three years." 8
SECTION 3.(b) The sum of twenty-five thousand dollars ($25,000) in nonrecurring 9
funds for the 2025-2026 fiscal year is appropriated from the General Fund to the Department of 10
Environmental Quality to be allocated to the Division of Water Resources to develop educational 11
resources and provide technical assistance for owners and operators of dry litter poultry facilities 12
in complying with the reporting requirement set out in this act. 13
SECTION 3.(c) Subsection (a) of this section is effective January 1, 2026. 14
Subsection (b) of this section becomes effective July 1, 2025. 15
16
PART IV. INCREASE TRANSPARENCY 17
SECTION 4. G.S. 106-24.1 reads as rewritten: 18
"§ 106-24.1. Confidentiality of information collected and published. 19
All information published by the Department of Agriculture and Consumer Services pursuant 20
to this Part shall be classified so as to prevent the identification of information received from 21
individual farm operators. All information generated by any federal agency received pursuant to 22
this Chapter that is confidential under federal law shall be held confidential by the Department 23
and its employees, unless confidentiality is waived by the federal agency. Complaints of 24
violations of this Chapter or of Part 1A of Article 21 of Chapter 143 of the Ge neral Statutes 25
relating to a farm operation and all other records accumulated in conjunction with the 26
investigation of these complaints shall be considered confide ntial records and may be released 27
only by order of a court of competent jurisdiction. All information collected by the Department 28
from farm owners or animal owners, including, but not limited to, certificates of veterinary 29
inspection, animal medical record s, laboratory reports received or generated from samples 30
submitted for analysis, or other records that may be used to identify a person or private business 31
entity subject to regulation by the Department analysis shall not be disclosed without the 32
permission of the owner unless the except in the following situations: 33
(1) The State Veterinarian determines that disclosure is necessary to prevent the 34
spread of an animal disease or to protect the public health, or the disclosure is 35
necessary in the implementation of these animal health programs. 36
(2) The disclosure is necessary to meet statutory requirements imposed on other 37
State agencies. 38
(3) The information is limited to the location, size, and ownership of an individual 39
farm operation." 40
41
PART V. SEVERABILITY AND EFFECTIVE DATE 42
SECTION 5. If any section or provision of this act is declared unconstitutional or 43
invalid by the courts, it does not affect the validity of this act as a whole or any part other than 44
the part so declared to be unconstitutional or invalid. 45
SECTION 6. Except as otherwise provided, this act is effective when it becomes 46
law. 47