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)06- "�p <br />40k ORANGE COUNTY <br />HEALTH DEPARTMENT <br />Improving health. Inspiring change. <br />MEMORANDUM <br />To: Perdita Holtz, Planning Systems Coordinator <br />From: Tom Konsler, Environmental Health Director <br />Date: August 13, 2013 <br />Re: Environmental Health Regulations and Agriculture Support Enterprises <br />The purpose of this memo is to provide you with information as to the public health laws and <br />regulations that might apply differently to activities associated with agriculture and bona fide <br />farms. <br />There are three arenas that I will address in this response; wells, septic systems, and food <br />service permits. Each is covered in the Public Health Statutes 130A. With one exception *, the <br />public health laws and regulations apply equally throughout all applications, including those <br />associated with farms and agriculture services. That is to say, the same permitting <br />requirements and standards exist for private enterprises, government facilities, farms, etc. <br />While local boards of health are empowered to adopt local regulations (NCGS 130A -39), they <br />are limited to adopting rules deemed necessary to protect the public health. These rules may <br />not be any less stringent than the state regulation. <br />The Orange County Board of Health has adopted more stringent rules regarding septic <br />systems and wells, however as they relate to agriculture enterprises, there is no impact on <br />agriculture activities. *An exception was created in 2011 Session Law (NCGS 143 - 215.1) <br />whereby a permit is not required for wastewater produced by activities related to processing <br />of agriculture products. There are several conditions that apply to this exemption. <br />Boards of Health and counties are prohibited from adopting rules concerning food service <br />facilities. While not particularly related to agriculture enterprises, NCGS 130A -250 contains a <br />list of activities that are exempt from permits under certain conditions. These include: <br />• Curb markets operated by the Agriculture Extension Service <br />• Private Clubs <br />• Non - Profit Corporations <br />• Sale of meat, poultry, food, or drink that is under the inspection of NCDA or USDA <br />• Selling sandwiches from country stores <br />• Bona -fide cooking schools <br />Please let me know if you would like any more information regarding this <br />919 245 2360 > 131 West Margaret Lane, Suite 100 > Hillsborough. NC 27278 1 orangecountync.gov <br />10 <br />