General Permit 101 | What is the general permit and why is it important?

General Permit 101

The NC Department of Environmental Quality will soon issue a new draft Swine Waste Management System General Permit. This permit regulates how hog farms in North Carolina are allowed to operate.

 With the upcoming release of the draft permit, here are some important facts about the permit:

• Who needs a permit?

  A General Permit is required for all North Carolina farmers who raise more than 250 pigs a year and aren’t already covered under a federal water quality permit. There are currently more than 2,000 permitted hog farms across North Carolina.
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• How often do you need to renew your permit?

  Farmers need to obtain a new permit every five years. Hog farmers will need to apply for a new permit in 2024.

• What does the permit require hog farmers to do?

  The General Permit includes several provisions designed to protect public health and the environment. Among the provisions:
  — Farms must be personally inspected each year by state officials.
  — Farms may not discharge any waste into local streams or rivers.
  — Lagoons are required to maintain enough available storage space to withstand severe floods. This includes adequate storage for a 25-year, 24-hour storm event, plus one additional foot of structural freeboard.
  — Farms must develop a detailed waste management plan and keep comprehensive records every time manure is applied to fields. Allowable levels of land application are based on a detailed analysis of the farm’s soil and the nutrients in the lagoon.
  — Waste must be managed in a way that protects public health and the environment. The permit includes extensive regulations regarding lagoon design, construction and operation; land application of manure; mandatory setbacks from neighbors and waterways; and more.
  — Each farm must have a designated “Operator in Charge” responsible for waste management. This individual must take a class, pass a test, and receive continuing education to maintain the license.
  

• How does the state decide what to put in the permit?

  The Department of Environmental Quality has been holding stakeholder meetings across the state with a variety of interested groups, including major integrators, the NC Pork Council, NC Farm Bureau, and NC Farm Families, as well as groups that are opposed to our industry, including Riverkeepers, SELC, REACH, and other activist groups that want to make it more difficult for us to raise animals. These stakeholders provide suggestions and feedback on what changes, in any, should be included in a new permit. DEQ will also consider public comments provided in response to the draft permit.

• What changes might be included in a new permit?

  The 2019 General Permit included three new provisions that are currently being challenged in court. The requirements:
  — Farms must electronically file an annual report each year detailing its management
  — Farms located in the 100-year floodplain must conduct groundwater monitoring
  — Farms must conduct tests using the NC Phosphorus Loss Assessment Tool (PLAT)
  
  The NC Farm Bureau and others appealed these provisions in the 2019 permit, claiming that adding new conditions like this must go through the rulemaking process with the NC Environmental Management Commission. Although the case remains unresolved in the courts, it is likely that DEQ will once again include these provisions in the General Permit.
  

• When will the new permit take effect?

  The new permit takes effect on October 1, 2024.

• How do North Carolina’s permits compare with other states?

  North Carolina has the most stringent regulations in the nation for hog farms. The Department of Environmental Quality agrees, stating on its website that “North Carolina has the strongest permit program for concentrated animal feeding operations in the country and is one of the only states that requires annual inspections of every facility.”

• When was the general permit last updated?

  The State of North Carolina is required to issue a General Permit every five years. The last permit was issued in 2019. Read the 2019 General Permit.

• When was the General Permit first established?

  The State of North Carolina has regulated animal operations, including swine, since 1992.

The 2024 draft permit is expected to be released in early August. Public comments will be accepted for 90 days after the draft permit is issued and a series of public hearings will be scheduled. We’ll discuss the public hearing process and the importance of making your voice heard in future communications.