1 subdivision is in addition to the requirement to issue a press release 



2 under subdivision ( 1 ) of this subsection. 



3 (i) A person who obtains an individual permit under G.S. 143-215.1 for an 



4 animal waste management system that serves a public livestock market shall not be 



5 required to obtain a permit under this Part and is not subject to the requirements of this 



6 Part. 



7 (i) New and expanding animal operations or dry litter poultry facilities subject to 



8 federal discharge permit regulations must apply for and receive coverage under a 



9 discharge permit and comply with the phosphorous provisions of the most current 



10 nutrient management standard before receiving a permit or stocking animals. 



11 iKl Existing animal operations subject to federal discharge permit regulation shall 



12 comply with the phosphorous provisions of the most current nutrient management 



13 standard on or before 1 July 2007. 



14 (1} Existing dry litter poultry facilities subject to federal discharge permit 



15 regulations or that have been notified by the Department that they are subject to federal 



16 discharge permit regulation because of an unpermitted discharge must apply for and 



17 receive coverage under a discharge permit by 13 April 2008. " 



18 SECTION 3. G.S. 143-21 5. lOG(a) reads as rewritten: 



19 "(a) The Department shall charge an aimual permit fee of all animal operations 



20 and dry litter poultry facilities that are subject to a permit imder G.S. 143-215. IOC for 



21 animal waste management systems according to the following schedule: 



22 (1) For a system with a design capacity of 38,500 or more and less than 



23 1 00,000 pounds steady state live weight, fifty dollars ($50.00). 



24 (2) For a system with a design capacity of 100,000 or more and less than 



25 800,000 pounds steady state live weight, one himdred fifty dollars 



26 ($150.00). 



27 (3) For a system with a design capacity of 800,000 pounds or more steady 



28 state live weight, three hundred dollars ($300.00)." 



29 SECTION 4. The Department of Environment and Natural Resources shall 



30 evaluate the application of phosphorous provisions of the most current nutrient 



31 management standard approved by the Soil and Water Conservation Commission or the 



32 Natural Resources Conservation Service of the United States Department of Agriculture 



33 to permitted animal operations and dry litter poultry facilities as provided in subsections 



34 (j), (k), and (1) of G.S. 143-2 1 5. 1 OC. In the course of the study required by this section, 



35 the Department shall also consider the application of the phosphorous provisions of the 



36 nutrient management standard to existing animal operations and dry litter poultry 



37 facilities not subject to the permit requirements of subsections (j)» (k), and (1) of G.S. 



38 143-215. IOC. The Department shall give emphasis to the proper role for nonregulatory 



39 programs and the development of innovative partnerships with producers and business 



40 interests in the livestock and poultry industry in its recommendations for these small- 



41 and medium-sized animal facilities. If the Department recommends that a regulatory 



42 process be implemented, the Department shall propose an implementation schedule for 



43 compliance with the phosphorous provisions of the nutrient management standard. The 



37 



