Ala. Admin. Code r. 335-6-7-.20 - Plans, Specifications, And Technical Requirements
(1) No AFO animal waste management system
shall be constructed, modified, repaired, or placed into operation after April
1, 1999 unless it is designed, constructed, operated, and maintained in
accordance with final design plans and specifications which meet or exceed NRCS
technical standards and guidelines as accepted by the Department , and the
requirements of the AWPCA, CWA, and regulations promulgated pursuant
thereto.
(2) No CAFO animal waste
management system shall be constructed, modified, or placed into operation
after April 1, 1999 unless certified by a QCP that it is designed, constructed,
and can be operated and maintained in accordance with a WMSP which meets or
exceeds NRCS technical standards and guidelines and as accepted by the
Department , and the requirements of the AWPCA, CWA, and regulations promulgated
pursuant thereto.
(3) Unless
approved otherwise in writing by the Director pursuant to Rule
335-6-7-.22,
new well siting and construction , and new or existing well operation and
maintenance, all waste management activities including but not limited to
structural designs, system plans, waste storage, handling, and transport,
nutrient management, land application, dead animal disposal including
incinerator and freezer siting and operation, waste product disposal,
construction erosion and sediment control BMPs, spill prevention control and
countermeasures (SPCC) BMPs, other necessary BMPs required for good
housekeeping, and implementation of waste management practices for AFOs and
CAFOs shall be in accordance with this Chapter, the requirements of the AAPCA,
AWPCA, CWA, and regulations promulgated pursuant thereto, and shall meet or
exceed the technical standards and guidelines contained in the NRCS Field
Office Technical Guide and other approved technical publications or documents
as amended, for the year that the practice was implemented, to include:
(a) Conservation Practice Standards - Field
Office Technical Guide, Section IV, Standards and Specifications, February,
1990, as amended.
(b) Agricultural
Waste Management Field Handbook - National Engineering Handbook Series (NEHS),
Part 651, April 1992, as amended.
(c) Alternative or innovative technology
implemented in accordance with Rule
335-6-7-.22.
(d) General best management and housekeeping
practices implemented in accordance with Rule
335-6-7-.21.
(4) If full implementation and
regular maintenance of management practices that meet or exceed NRCS technical
standards or guidelines are not or will not be protective of water quality
and/or reduce the generation of odors to the maximum extent practicable , the
owner /operator of an AFO shall implement, within timeframes required by the
Director or his designee, additional effective structural and nonstructural
management practices necessary to adequately protect water quality and/or
reduce the generation of odors to the maximum extent practicable.
(5) Except as provided in Rule 335-6-7
-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), AFO
confinement buildings with a liquid waste /wastewater handling system, liquid
waste storage settling basins, lagoons, holding ponds, sumps, or pits, and
other animal liquid waste containment structures for new operations that are
initially constructed or commence initial operation after April 1, 1999 shall
be located to meet or exceed NRCS technical standards and guidelines, the
requirements of this Chapter, and the requirements of the AAPCA , AWPCA, CWA,
and regulations promulgated pursuant thereto, but in no case shall be
constructed within 1,320 feet of the nearest existing occupied dwelling,
church, school, hospital, or park.
(a) Except
as provided in Rule 335-6-7 -.20(8), (9), (10), (11), (12), (13), (14), (15),
(16), (17), and (27), AFO dry waste confinement buildings and dry waste
storage/containment and treatment structures for new operations that are
initially constructed or commence initial operation after April 1, 1999 shall
be located to meet or exceed NRCS technical standards and guidelines, the
requirements of this Chapter, and the requirements of the AAPCA , AWPCA, CWA,
and regulations promulgated pursuant thereto, but in no case shall be
constructed within 330 feet of the nearest existing occupied dwelling, church,
school, hospital, or park.
(b)
Except as provided in Rule 335-6-7 -.20(8), (9), (10), (11), (12), (13), (14),
(15), (16), (17), and (27), any new or additional confinement buildings with a
liquid waste /wastewater handling system, liquid waste storage settling basins,
lagoons, holding ponds, sumps, or pits, and other animal liquid waste
containment structures constructed after April 1, 1999 at existing AFO
facilities shall be located to meet or exceed NRCS technical standards and
guidelines, the requirements of this Chapter, and the requirements of the
AAPCA , AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case
shall be constructed within 660 feet of the nearest existing occupied dwelling,
church, school, hospital, or park.
(c) Except as provided in Rule 335-6-7
-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), any new
or additional confinement buildings with a dry waste handling system or dry
waste storage/containment and treatment structures constructed after April 1,
1999 at existing AFO facilities shall be located to meet or exceed NRCS
technical standards and guidelines, the requirements of this Chapter, and the
requirements of the AAPCA , AWPCA, CWA, and regulations promulgated pursuant
thereto, but in no case shall be constructed within 165 feet of the nearest
existing occupied dwelling, church, school, hospital, or park.
(6) Except as provided in Rule
335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27),
AFO confinement buildings with a liquid waste /wastewater handling system,
liquid waste storage settling basins, lagoons, holding ponds, sumps, or pits,
and other animal liquid waste containment structures for new operations that
are initially constructed or commence initial operation after April 1, 1999
shall be located to meet or exceed NRCS technical standards and guidelines, the
requirements of this Chapter, and the requirements of the AAPCA , AWPCA, CWA,
and regulations promulgated pursuant thereto, but in no case shall be
constructed within 500 feet of any property line.
(a) Except as provided in Rule 335-6-7
-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), AFO dry
waste confinement buildings and dry waste storage/containment and treatment
structures for new operations that are initially constructed or commence
initial operation after April 1, 1999 shall be located to meet or exceed NRCS
technical standards and guidelines, the requirements of this Chapter, and the
requirements of the AAPCA , AWPCA, CWA, and regulations promulgated pursuant
thereto, but in no case shall be constructed within 165 feet of any property
line.
(b) Except as provided in
Rule 335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and
(27), any new or additional confinement buildings with a liquid
waste /wastewater handling system, liquid waste storage settling basins,
lagoons, holding ponds, sumps, or pits, and other animal liquid waste
containment structures constructed after April 1, 1999 at existing AFO
facilities shall be located to meet or exceed NRCS technical standards and
guidelines, the requirements of this Chapter, and the requirements of the
AAPCA , AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case
shall be constructed within 500 feet of any property line.
(c) Except as provided in Rule 335-6-7
-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), any new
or additional confinement buildings with a dry waste handling system or dry
waste storage/containment and treatment structures constructed after April 1,
1999 at existing AFO facilities shall be located to meet or exceed NRCS
technical standards and guidelines, the requirements of this Chapter, and the
requirements of the AAPCA , AWPCA, CWA, and regulations promulgated pursuant
thereto, but in no case shall be constructed within 165 feet of any property
line.
(7) Except as
provided in Rule 335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16),
(17), and (27), any new or additional confinement buildings, waste /wastewater
handling system, waste /wastewater transport structures, waste /wastewater
treatment structures, settling basins, lagoons, holding ponds, sumps, or pits,
and other agricultural waste containment/treatment structures constructed after
April 1, 1999 shall be located to meet or exceed NRCS technical standards and
guidelines, the requirements of this Chapter, and the requirements of the
AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case shall
be constructed within 100 feet of any streams including, but not limited to,
intermittent streams, ponds, lakes, springs, sinkholes, or PWS, ONRW, or OAW
classified/designated waters, wells, and water supplies. Buffer distances for
streams, ponds and lakes shall be measured from the ordinary high water mark.
Buffer distances in excess of 100 feet may be required according to site
specific conditions or according to NRCS guidelines. The Department may require
additional buffer distances deemed necessary to protect waters of the State on
an individual facility basis.
(8)
Except as provided in Rule 335-6-7 -.20(9), (10), (11), (12), (13), (14), (15),
(16), (17), and (27), or other applicable rules, and notwithstanding with
provisions of paragraphs (5), (5)(b), (6), (6)(b) of this Rule, any new or
additional confinement buildings with a liquid waste /wastewater handling
system, or any liquid waste storage settling basins, lagoons, holding ponds,
sumps, or pits, and other animal liquid waste containment structures where
construction commenced on or after December 1, 2000 at new or existing AFO/CAFO
facilities shall be located to meet or exceed NRCS technical standards and
guidelines, the requirements of this Chapter, and the requirements of the
AAPCA, AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case
shall be constructed closer than 500 feet to an existing offsite potable water
well, 200 feet to a perennial non-headwater watercourse, or PWS, ONRW, or OAW
classified/designated waters and in no case shall be constructed closer than
the distances from property lines as specified below.
Animal Units (AU) Minimum Buffer Distance From Property Line
Less than 1,000 500 feet
1,000 - 2,499 1,320 feet
2,500 - 3,999 2,640 feet
4,000 and greater 5,280 feet
(9) Except as provided in Rule 335-6-7
-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), or
other applicable rules, any new or additional wells installed after December 1,
2000 as defined in
335-6-7-.02 shall be
located, operated, and maintained to meet or exceed applicable requirements of
ADEM Administrative Code Chapter 335-9, NRCS technical standards and
guidelines, the requirements of this Chapter, and the requirements of the
AWPCA, and regulations promulgated pursuant thereto, but in no case shall be
constructed within 100 feet of any confinement buildings, waste/wastewater
handling system, waste/wastewater transport structures, waste/wastewater
treatment structures, settling basins, lagoons, holding ponds, sumps, or pits,
and other agricultural waste containment/treatment structures. Buffer distances
in excess of 100 feet may be required according to site specific conditions or
according to NRCS guidelines. The Department may require additional buffer
distances deemed necessary to protect groundwater resources on an individual
facility basis.
(10) AFO
confinement buildings, dry waste storage/containment and treatment structures,
liquid waste storage settling basins, lagoons, holding ponds, sumps, or pits,
and other animal liquid waste containment structures shall be located to meet
or exceed NRCS technical standards and guidelines, the requirements of this
Chapter, and the requirements of the AWPCA , CWA, and regulations promulgated
pursuant thereto.
(11) AFO
operations existing as of April 1, 1999 and proposing to construct/expand an
animal waste containment structure in order to prevent waste /wastewater
discharge or run-off to waters of the State may be considered exempt from
location buffer distances specified in this Chapter by the Director if the
Director or his designee determines in writing that the additional/expanded
structures are necessary to assure the protection of water quality and that
there is not a feasible location alternative.
(12) Location buffer distances do not apply
to confinement buildings, settling basins, holding ponds, sumps or other animal
waste containment structures existing prior to April 1, 1999 nor do they apply
to structures existing as of April 1, 1999 when a registration modification is
required due to a change in ownership.
(13) Location buffer distances from an
existing occupied dwelling, church, school, hospital, park , or property line
shall not apply if the existing occupied dwelling, church, school, hospital, or
park is owned by owners/operators of the animal waste management system , if the
adjoining property owner consents in writing through a dated, notarized
document, if the adjoining property contains a deed restriction notifying the
owner of the possibility of nearby AFOs, or if the area is specifically zoned
for the construction and operation of CAFOs by the controlling elected
governmental authority.
(14)
Location buffer distances do not apply to AFO waste /wastewater
storage/treatment structures in existence, or where full site preparation is
complete and utility infrastructure is installed and is documented in writing,
as of April 1, 1999, or to AFO waste /wastewater storage/treatment structures
constructed in accordance with the requirements of this Chapter after April 1,
1999 that are completed, replaced, repaired, modernized, reconstructed, and/or
refurbished on the pre-existing site/location according to NRCS technical
standards and guidelines to pre-existing size and operational status provided
the resultant waste/wastewater storage/treatment structure is no closer to the
nearest existing occupied dwelling, church, school, hospital, park,
intermittent streams, ponds, lakes, springs, or sinkholes, or PWS, ONRW, or OAW
classified/designated waters, wells, and water supplies, or property line than
it was prior to the work on the waste/wastewater storage/treatment structure
commencing.
(15) Location buffer
distances do not apply to AFO confinement buildings in existence, or where full
site preparation is complete and utility infrastructure is installed and is
documented in writing, as of April 1, 1999, or to AFO confinement buildings
constructed in accordance with the requirements of this Chapter after April 1,
1999 that are completed, replaced, repaired, modernized, reconstructed, and/or
refurbished on the pre-existing site/location to current industry design
standards according to NRCS technical standards and guidelines provided the
resulting confinement building is no closer to the nearest existing occupied
dwelling, church, school, hospital, park, intermittent streams, ponds, lakes,
springs, or sinkholes, or PWS, ONRW, or OAW classified/designated waters,
wells, and water supplies, or property line than it was prior to the work on
the confinement building commencing.
(16) Location buffer distances do not apply
to confinement buildings, settling basins, holding ponds, sumps or other animal
waste containment structures under significant, active construction in
accordance with the requirements of this Chapter as of April 1, 1999 provided
all earthwork and construction /building is complete as of August 1, 1999 or an
alternate completion date approved by the Director or his designee in writing,
and the facility is ready to be operated according to NRCS technical standards
and guidelines and the requirements of this Chapter.
(17) Unless required by the Director or his
designee in writing as conditions warrant on an individual facility,
programmatic, or categorical basis to ensure the protection of water quality
and minimization of odors to the maximum extent practicable, the requirement
for AFOs to maintain buffer distances contained in this Chapter shall not apply
to right-of-ways (ROWs) or easements for energy transmission or transportation
(e.g. power lines, gas or water pipelines, roads, etc.). The Director or his
designee may exempt in writing as conditions warrant on an individual facility,
programmatic, or categorical basis the requirement to maintain buffer distances
contained in this Chapter for personal pets, veterinary offices, animal
hospitals, municipal zoos, etc. small concentrations or collections of animals,
or confined animals, and animals subject to specific zoning or siting
restrictions by a municipality or other governmental body.
(18) A subsurface investigation for earthen
holding pond, pit, sump, treatment lagoon, or other earthen storage/containment
structure suitability and liner requirements shall be a component of the system
designee and shall be performed by the owner /operator under the supervision of
and certified by a QCP, and may consist of auger holes, dozer pits, or backhoe
pits at a depth to the extent necessary to determine adequacy of the specific
site for waste storage. The subsurface investigation must extend at least two
feet below the planned bottom grade. Subsurface investigation in soils
underlain by the Demopolis or Mooreville Chalk formations of the Selma Chalk
group in the Blackland Prairie major land resource area may terminate at a
depth of 1 foot below the surface of the chalk [Reference:
(1) Geologic Map of Alabama, 1988, Geologic
Survey of Alabama, Michael W. Szabo and Charles W. Copeland, Jr., and
(2) Land Resource Regions and Major
Land Resource Areas of the United States, USDA-NRCS , SCS, Agricultural Handbook
296, MLRA 135, Alabama, Mississippi, and Arkansas Blackland Prairie]. A
detailed, comprehensive geologic investigation for suitability of the site that
meets or exceeds NRCS technical standards and guidelines must be performed for
proposed sites in karst topography. In those situations where testing performed
during the initial on-site subsurface investigation is not conclusive, the
owner /operator shall conduct additional subsurface investigation as necessary
and provide documentation certified by a QCP to ensure conformance with NRCS
technical standards and guidelines or other additional standards required by
the Director or his designee to ensure the protection of water quality. Unless
relevant information is available to the contrary, compliance with this
provision during design and construction of the facility will normally
demonstrate that no hydrologic connection exists at the particular
site.
(19) All WMSPs
shall be developed to meet or exceed NRCS technical standards and guidelines
and address operation of the lagoon, waste storage ponds/sumps, and other waste
storage facilities, and the location, amount, and timing of land application of
wastes with respect to the nutrient uptake cycle of the vegetation on the land
application site(s), minimization of odors to the maximum extent practicable,
and minimization of potential disease vectors and nuisance pests.
(20) Unless the AFO owner /operator contracts
in writing with a valid CAWV for all waste generated, or the owner /operator
properly sells or gives away in good faith the waste to another person , the
comprehensive waste management system BMPs for the entire farm, facility, or
operation must include written agreements for use of all land application sites
with documentation that adequate land application area is readily available. If
the waste is sold or given away in good faith, the owner/operator or CAWV shall
retain detailed, complete records of the transaction and provide the receiver
of the waste information explaining the requirements of this Chapter. AFO waste
management system BMPs must meet or exceed NRCS technical standards and
guidelines. A CAFO WMSP must be prepared by a QCP and must meet or exceed NRCS
technical standards and guidelines. The Department may require proof of land
ownership, contractual agreements, or written permission for use of land as a
land application site.
(21) All
AFOs shall implement effective management procedures to the maximum extent
practicable to keep dry wastes under roof or effective cover and to minimize
manure from the facility coming into contact with stormwater or other water or
wastewater source (other than de minimus inputs as determined by the
Department ) at any time during production, handling/spillage, storage,
treatment, transport, or other activity prior to proper land application which
meets or exceeds NRCS technical standards and guidelines.
(22) Unless an alternate date is approved in
writing by the Director or his designee, after April 1, 1999, all AFO lagoons
and other waste storage/treatment facilities, separately or
collectively/cumulatively, shall be designed, constructed, operated, and
maintained to ensure sufficient storage volume to contain all dry/wet waste and
wastewater, to contain contaminated stormwater resulting from runoff generated
by a 25-year, 24-hour storm event, to contain uncontaminated stormwater (that
cannot be separated/segregated from contaminated runoff) resulting from runoff
generated by a 25-year, 24-hour storm event, and to maintain an additional
minimum safety margin of at least 12 inches freeboard to prevent discharges to
groundwater or surface water. Operating storage volume shall be sufficient to
contain/retain all dry/wet waste and wastewater and contaminated stormwater
during extended periods when waste/wastewater cannot be properly land applied
during the growing season at agronomic rates due to adverse climatological or
seasonal conditions (generally late fall, winter, and early spring
months).
(23) All AFOs shall
implement effective management procedures at all times to properly collect,
manage, store, treat, transport, and dispose domestic sewage and domestic
wastewater onsite or offsite in a manner that meets or exceeds NRCS technical
standards and guidelines and the requirements of the Department and the
ADPH.
(24) Unless extended in
writing by the Director or his designee, no later than January 1, 2003, all
AFOs and CAFOs in the North Alabama Area as designated in NRCS technical
standards and guidelines shall implement provisions to provide for a minimum of
180 days waste/wastewater storage/retention/holding capacity and/or Department
accepted management procedures that meet or exceed NRCS technical standards and
guidelines to ensure effective water quality protection during periods when
land application or other approved disposal alternatives are not available.
After December 1, 2000, new or expanding AFOs and CAFOs in the North Alabama
Area shall implement this 180 day permanent/temporary storage requirement prior
to commencing initial operation and/or expanded operations.
(a) Unless extended in writing by the
Director or his designee, no later than January 1, 2003, all AFOs and CAFOs in
the South Alabama Area as designated in NRCS technical standards and
guidelines, shall implement provisions to provide for a minimum of 120 days
waste/wastewater storage/retention/holding capacity and/or Department accepted
management procedures that meet or exceed NRCS technical standards and
guidelines to ensure effective water quality protection during periods when
land application or other approved disposal alternatives are not available.
After December 1, 2000, new or expanding AFOs and CAFOs in the South Alabama
Area shall implement this 120 day permanent/temporary storage requirement prior
to commencing initial operation and/or expanded operations.
(25) After December 1, 2000,
construction of new or expanded manure storage pits and/or new waste/wastewater
storage ponds at new, expanding, or existing AFOs or CAFOs are prohibited
unless the owner/operator submits in writing an affirmative demonstration
acceptable to the Director or his designee that the use of new or expanded
manure storage pits and/or new waste storage ponds will be protective of water
quality and will provide for the minimization of odors to the maximum extent
practicable. Approval of the use of new or expanded manure storage pits and/or
new or expanded concentrated waste storage ponds, if granted, shall be made in
writing by the Director or his designee.
(26) Eligibility for alternate or modified
buffer requirements for new or expanding AFO facilities as provided in Rule
335-6-7-.20(11), (12), (13), (14), (15), (16), (17), and (27), or other
applicable rules, where construction commenced , is continuing, or resumes after
December 1, 2000, must be approved in writing by the Director or his designee.
Adequate, dated records documenting eligibility for alternate or modified
buffer requirements claimed or applied by an AFO owner/operator for new or
expanded facilities where construction was ongoing as of April 1, 1999 or
construction commenced after April 1, 1999, and construction was completed
prior to December 1, 2000, as provided in Rule 335-6-7-.20(11), (12), (13),
(14), (15), (16), (17), and (27), or other applicable rules, must be witnessed
or notarized and submitted to the Department prior to June 1, 2001.
(27) Unless otherwise approved by the
Director or his designee for cause in writing, notwithstanding any other
provision of this Chapter, existing or previously constructed/operated AFOs or
AFOs constructed after April 1, 1999, that are inactive, idle, or closed, that
have not registered and do not confine greater than 50 animal units during any
36 month period will not be considered existing facilities, but are/will be
considered as expanding facilities for the application of buffer requirements
and other requirements of this Chapter at the time animal confinement greater
than 50 animal units resumes.
Notes
Statutory Authority: Code of Ala. 1975, §§ 22-22-1 to 22-22-14; 22-28-1 to 22-28-23; 22-22A-1 to 22-22A-16 et seq., as amended.
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