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State budget brings changes to swine inspections
Story Date: 7/7/2011
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Source: NC PORK COUNCIL, 7/6/11
Gov. Perdue vetoed the Appropriations Act of 2011, but the $19.7 billion budget became law despite her objections when the House and Senate voted to override her veto.
To balance the budget, lawmakers had to close a $2.5 billion hole and they did so without extending the penny sales tax that expired on June 30. As a result, there were many substantive policy changes included in the budget bill in an effort to trim overhead, streamline services and end programs to reduce spending.
The Department of Environment and Natural Resources (DENR) experienced the most significant of these policy changes, with the transfer of both the Division of Soil and Water Conservation and the Division of Forestry from DENR to the Department of Agriculture and Consumer Services.
The budget also made changes to the pork industry's inspection program. In the past, there have been two annual inspections performed on permitted swine farms: a technical inspection by the Division of Soil and Water Conservation and a regulatory inspection performed by the Division of Water Quality. But, as of this week, swine farms will no longer receive an annual technical inspection from the Division of Soil and Water Conservation. Although that annual requirement no longer exists, two technical specialist positions were retained in the Division of Soil and Water, in part to provide technical assistance, conduct voluntary inspections, and respond to critical emergencies.
There were no changes to the annual regulatory inspections performed by the NC Division of Water Quality .
There was also no change to the Animal Waste Pilot Program currently operating in Pender, Jones, Columbus and Brunswick Counties. Counties in the Pilot are inspected twice annually by the Division of Soil and Water. In the budget bill, the program was slated to expire on June 30, 2011, but in the Budget Technical Corrections bill passed in the final days of the session, the program was extended until June 2013. Even though the program was extended, funding was not provided. So, Pilot Program inspections will likely be performed by one of the technical specialists retained to perform the voluntary technical inspections that will be done by the Division of Soil and Water Conservation. The NC Pork Council took a neutral position on this and all other legislative proposals that would have affected the continuation or elimination of the Animal Waste Pilot Program.
The budget established a new policy for anyone receiving a notice of violation (NOV) of an environmental statute or rule. The new policy provides a 10-day grace period between the time the NOV is issued and a civil penalty is assessed. The purpose of this grace period is to provide the person a greater opportunity to understand what corrective action is needed and either receive technical assistance and take corrective action or informally resolve matters involving the violation.
Although a more comprehensive regulatory reform bill was vetoed by the governor, the budget did restrict the rule-making authority of the Department of Environment and Natural Resources, Department of Labor, and the Department of Agriculture by disallowing the adoption of any rules that are more restrictive than federal law. There are a few exceptions, however, such as if a rule is required by a court order, act of Congress, or if there is a serious threat to public health, safety, or welfare. The fate of the larger reform bill will be addressed in an upcoming edition of Porkline.
Finally, a new program called the Agricultural Water Resources Assistance Program was established with passage of the budget. The program, which was funded with an initial $1 million, will provide cost-share funds to assist farmers and landowners in increasing water use efficiency, availability, and storage; implement best management practices to conserve and protect water resources; and to increase water availability for agricultural purposes. The program will be administered by the Soil and Water Conservation Commission.
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