§ 143-215.6E. Violation Points System applicable to swine farms. - North Carolina Statutes

§ 143‑215.6E.  Violation Points Systemapplicable to swine farms.

(a)        The Commission shall develop a Violation Points Systemapplicable to permits for animal waste management systems for swine farms. Thissystem shall operate in addition to the provisions of G.S. 143‑215.6A.This system shall not alter the authority of the Commission to revoke a permitfor an animal waste management system for a swine farm. The Violation PointsSystem shall provide that:

(1)        Violations that involve the greatest harm to the naturalresources of the State, the groundwater or surface water quantity or quality,public health, or the environment shall receive the most points and shall beconsidered significant violations.

(2)        Violations that are committed willfully or intentionallyshall be considered significant violations.

(3)        The number of points received shall be directly related tothe degree of negligence or willfulness.

(4)        The commission of three significant violations, or thecommission of lesser violations that result in a predetermined cumulativenumber of points, within a limited period of time of not less than five yearsshall result in the mandatory revocation of a permit.

(5)        The commission of one willful violation that results inserious harm may result in the revocation of a permit.

(b)        In developing the Violation Points System under thissection, the Commission shall determine the:

(1)        Number of points that lesser violations must cumulativelytotal to result in the revocation of a permit.

(2)        Limited period of time during which the commission of threesignificant violations, or the commission of a greater number of lesserviolations, will result in the revocation of the operator's permit. Thislimited period of time shall not be less than five years.

(3)        Duration of the permit revocation.

(4)        Conditions under which the person whose permit is revokedmay reapply for another permit for an animal waste management system for aswine farm.

(c)        In developing the Violation Points System under thissection, the Commission shall provide for an appeals process. (1997‑458, s. 10.1.)