North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1800 - CONTROL OF ODORS › Section 02D .1801 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of this Section, the following definitions
					 apply:
(1) "Animal operation" means
				  animal operation as defined in
				  G.S.
				  143-215.10B.
(2) "Child care center" means child care
				  centers as defined in
				  G.S.
				  110-86 and licensed pursuant to G.S. 110,
				  Article 7.
(3) "Construction" means
				  any physical change, including fabrication, erection, installation,
				  replacement, demolition, excavation, or other modification, at any contiguous
				  area in common control.
(4)
				  "Control technology" means economically feasible control devices installed to
				  reduce objectionable odors from animal operations.
(5) "Existing animal operation" means an
				  animal operation that is in operation or commences construction on or before
				  February 28, 1999.
(6) "Historic
				  properties" means historic properties acquired by the State pursuant to
				  G.S.
				  121-9 or listed in the North Carolina
				  Register of Historic Places pursuant to
				  G.S.
				  121-4.1.
(7) "Modified animal operation" means an
				  animal operation that commences construction after February 28, 1999, to
				  increase the steady state live weight that can be housed at that animal
				  operation. Modified animal operation does not include renovating existing
				  barns, relocating barns, or replacing existing lagoons or barns if the new barn
				  or lagoon is no closer to the nearest property and if the new barn or lagoon
				  does not increase the steady state live weight that can be housed at that
				  animal operation.
(8) "New animal
				  operation" means an animal operation that commences construction after February
				  28, 1999.
(9) "Objectionable odor"
				  means any odor present in the ambient air that by itself, or in combination
				  with other odors, is or may be harmful or injurious to human health or welfare,
				  or may unreasonably interfere with the comfortable use and enjoyment of life or
				  property. Odors are harmful or injurious to human health if they tend to lessen
				  human food and water intake, interfere with sleep, upset appetite, produce
				  irritation of the upper respiratory tract, cause symptoms of nausea, or if
				  their chemical or physical nature is, or may be, detrimental or dangerous to
				  human health.
(10) "Occupied
				  residence" means occupied residence as defined in
				  G.S.
				  106-802.
(11) "State Parks" means the State Parks
				  System as defined in
				  G.S.
				  143B-135.44.
(12) "Technologically feasible" means that an
				  odor control device or a proposed solution to an odor problem has previously
				  been demonstrated to accomplish its intended objective, and is generally
				  accepted within the technical community. It is possible for technologically
				  feasible solutions to have demonstrated their suitability on similar, but not
				  identical, sources for which they are proposed to control.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(11);
Temporary Adoption Eff. April 27, 1999; March 1, 1999;
Eff. July 1,
					 2000;
Readopted Eff. September 1,
					 2019.