It is the priority of the Department of Environment and Natural Resources (DENR) to assist with the protection of public health and safety due to threats created by Hurricane Floyd and the resulting flood disaster. We acknowledge that, during this recovery process, we must be sensitive to the added economic plight of our farmers.

The DENR has conducted field assessments of most lagoons effected by flooding with a focus on evaluating their structural integrity. As the DENR makes its policy decisions regarding damaged lagoons, the agency looks to the Governor's Swine Lagoon Conversion Plan for guidance. Therefore, the DENR encourages reinvestments in technologies and locations that will be the most effective for the long-term and protective against future disaster risks. The DENR policy for post-flood animal waste disposal systems is as follows:

1. Structural Integrity of Lagoons and Reporting. The DENR considers maintaining the structural integrity of liquid animal waste lagoons as the first priority. Producers should contact the DENR's Division of Water Quality regional office for guidance on how to best manage their waste systems to protect the integrity of their lagoons that are damaged or without adequate freeboard. Producers who report potential problems timely will be eligible for the benefits of the DENR's self reporting policies which encourage open communication.

2. Repopulating. Producers shall contact the DENR's Division of Water Quality before repopulating any animals (after mortality, slaughter, or moving) for a determination of sufficient waste management capacity at the facility.

3. Repair. The DENR will work expeditiously with farmers that choose to repair (50% or less damage) their conventional lagoons provided the repaired systems comply with certain standards set forth by current state law, federal regulations, and Natural Resource Conservation Service standards. The DENR will work with the US Department of Agriculture to assure that financial and technical assistance programs encourage repair to a level meeting these standards. The owners of animal waste management systems shall contact the DENR's Division of Water Quality regional office before starting repairs.

4. Rebuilding. The Environmental Protection Agency has advised the DENR that federal law forbids rebuilding within the 100-year floodplain. This means that animal waste management systems which require replacement or those that have suffered damages greater than 50% may not be rebuilt in the 100-year floodplain.

5. Public Funds. Governor Hunt and the DENR is working aggressively with federal agencies to develop funding assistance and incentives to assist producers in repairing lagoons to the most up-to-date state standards. The DENR encourages that any public funds available to assist those facilities currently in the 100-year flood plain be limited to relocation to another site or to buy-out of the capacity. The DENR also encourages that available public funds (state and federal) be prioritized to facilities which adopt innovative technologies (e.g. solid separation systems, treated waste systems, etc.)

Producers needing technical assistance regarding lagoons may contact their local soil and water conservation district office. Producers should contact the NC Department of Agriculture and Consumer Services (919-733-7601) concerning disposal of dead animals.

October 13, 1999 - until superceded

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