Tenn. Comp. R. & Regs. 0400-40-05-.14 - ANIMAL FEEDING OPERATIONS
(1) In addition to
the applicable provisions of Rules
0400-40-05-.01 through
0400-40-05-.13,
CAFOs are also subject to the provisions of this rule.
(2) AFOs meeting or exceeding the size
thresholds in the second column of TABLE 0400-40-05.14.1 are considered large
(Class I) CAFOs.
(3) AFOs within
the size thresholds given in the third column of TABLE 0400-40-05-.14.1 are
considered medium (Class II) CAFOs if either of the following conditions are
met:
(a) Pollutants are discharged into waters
through a man-made ditch, flushing system, or other similar man-made device;
or
(b) Pollutants are discharged
directly into waters that originate outside of and pass over, across, or
through the facility or otherwise come into direct contact with the animals
confined in the operation .
TABLE 0400-40-05-.14.1
|
Animal Type |
Large (Class I) |
Medium (Class II)
|
|
Mature dairy cows (milked or dry) |
700+ |
200 - 699 |
|
Veal calves |
1000+ |
300 - 999 |
|
Cattle1 |
1000+ |
300 - 999 |
|
Swine |
2,500+ (>=55 lbs) 10,000 (< 55 lbs) |
750 - 2,499 (>=55 lbs) 3,000 - 9,999 (< 55 lbs) |
|
Chickens
(liquid |
30,000+ (laying hens or broilers) |
9,000 - 29,999 |
|
Chickens (dry |
125,000+ (non-layers ) 82,000+ (layers) |
37,500 - 124,999 (non-layers) 25,000 - 81,999 (layers) |
|
Horses |
500+ |
150 - 499 |
|
Sheep/lambs |
10,000+ |
3,000 - 9,999 |
|
Turkeys |
55,000+ |
16,500 - 54,999 |
|
Ducks (liquid |
5,000+ |
1,500 - 4,999 |
|
Ducks (dry |
30,000+ |
10,000 - 29,999 |
1 Other than mature dairy cows or veal calves. Cattle includes, but is not limited to, heifers, steers, bulls, and cow/calf pairs.
2 Dry
(4) Other AFOs may be designated as CAFOs at
the discretion of the Director . Factors to be considered in this determination
include the AFO's size; the amount of waste reaching waters of the state; the
location of the AFO; the means of waste conveyance to waters of the state; and
the slope, vegetation, rainfall, and other factors affecting the likelihood or
frequency of discharge of animal wastes into waters of the state. The Director
shall conduct an on-site inspection prior to determining that an operation
should be regulated under the CAFO permit program. AFOs below the threshold for
a medium CAFO (shown in the third column in TABLE 0400-40-05-.14.1) may not be
designated as a CAFO unless:
(a) Pollutants
are discharged into waters through a man-made ditch, flushing system, or other
similar man-made device; or
(b)
Pollutants are discharged directly into waters that originate outside of and
pass over, across, or through the facility or otherwise come into direct
contact with the animals confined in the operation .
(5) The following AFOs shall seek permit
coverage as follows:
(a) Large, medium, and
designated CAFOs that discharge shall obtain an individual NPDES permit and the
permit shall be in effect prior to any discharge.
(b) Large AFOs, based on the animal numbers
located in TABLE 0400-40-05-.14 -1, that utilize liquid waste management
systems, shall obtain coverage under a state permit .
(6) All AFOs seeking to obtain NPDES permit
coverage shall submit application information in accordance with paragraph (2)
of Rule
0400-40-05-.05.
(a) All AFOs seeking to obtain permit
coverage shall submit application information to the Commissioner .
(b) In addition to the application
requirements of paragraph (2) of Rule
0400-40-05-.05,
AFOs seeking permit coverage shall submit, at the time of application, a
nutrient management plan as outlined in paragraph (10) of this rule.
(7) (Reserved).
(8) AFOs seeking to maintain permit coverage
shall comply with the permit reissuance requirements of paragraph (5) of Rule
0400-40-05-.05.
(9) AFOs obtaining permit coverage shall
develop and maintain a current approved nutrient management plan and have all
measures, structures, etc., in place to fully implement the plan upon the date
of permit coverage. Any NPDES permit issued to an AFO shall require compliance
with the terms of the AFO's site-specific nutrient management plan such that
the plan is enforceable through the permit .
(10) Nutrient Management Plan (NMP)
Requirements.
(a) Any permit issued to an AFO
shall include a requirement to develop, submit and obtain Commissioner approval
of, and keep on site a site-specific nutrient management plan that:
1. Includes best management practices and
procedures necessary to implement applicable effluent limitations and
standards;
2. Ensures adequate
storage of manure, litter, and process wastewater including procedures to
ensure proper operation and maintenance of the storage facilities;
3. Ensures proper management of mortalities
(i.e., dead animals) so that they are not disposed of in a liquid manure ,
stormwater, or process wastewater storage or treatment system that is not
specifically designed to treat animal mortalities as outlined in USDA-NRCS
Conservation Practice Standard 316 (February 2016) and/or the USDA-NRCS
Agricultural Waste Management Handbook (April 1992), and/or University of
Tennessee Extension publications;
4. Ensures that clean water is diverted, as
appropriate, from the production area;
5. Prevents direct contact of confined
animals with waters of the state ;
6. Ensures that chemicals and other
contaminants handled on-site are not disposed of in any manure , litter, process
wastewater, or stormwater storage or treatment system unless specifically
designed to treat such chemicals and other contaminants;
7. Identifies appropriate site-specific
conservation practices to be implemented, including, as appropriate, buffers or
equivalent practices, to control runoff of pollutants to waters of the state
(these practices shall meet minimum standards set in the USDA-NRCS National
Engineering Handbook (May 2014) and/or the USDA-NRCS Agricultural Waste
Management Handbook (April 1992)), as follows:
(i) Manure , litter, and process wastewater
shall be applied no closer than 100 feet to any down-gradient surface waters,
open tile line intake structures, sinkholes, agricultural well heads, or other
conduits to surface waters unless:
(I) The AFO
substitutes the 100-foot setback with a 35-foot-wide vegetated buffer or by
leaving in place a 60-foot natural riparian buffer, where applications of
manure, litter, or process wastewater are prohibited; or
(II) The AFO demonstrates that a setback or
buffer is not necessary because implementation of alternative conservation
practices or field-specific conditions will provide pollutant reductions
equivalent to or better than the reductions that would be achieved by the
100-foot setback;
(ii)
Manure , litter, and process wastewater shall be applied no closer than 100 feet
of any potable well, public or private; and
(iii) AFOs that are located adjacent to
exceptional Tennessee waters and outstanding national resource waters (as
identified by the Department ), shall leave in place a minimum 60-foot natural
riparian buffer between the stream and the land application area.
8. Provides for annual manure
analysis for nitrogen and phosphorus content, following University of Tennessee
Extension guidelines, and soil analysis at a minimum of once every five years
for phosphorus content (the results of these analyses are to be used in
determining application rates for manure , litter, and other process
wastewater);
9. Establishes
protocols to land apply manure , litter, or process wastewater in accordance
with site-specific nutrient management practices that ensure appropriate
agricultural utilization of the nutrients in the manure , litter, or process
wastewater. Application rates for manure , litter, and other process wastewater
applied to land under the ownership or operational control of the AFO shall
minimize phosphorus and nitrogen transport from the field to surface waters in
compliance with technical standards for nutrient management that:
(i) Include a field-specific assessment of
the potential for nitrogen and phosphorus transport from the field to surface
waters , and address the form, source , amount, timing, and method of application
of nutrients on each field to achieve realistic production goals, while
minimizing nitrogen and phosphorus movement to surface waters, that employs the
Tennessee Phosphorus Index (a tool developed by the University of Tennessee
Extension Service and the USDA-NRCS to assess the risk of phosphorus movement
from the application area to waters of the state ); and
(ii) Include appropriate flexibilities for
any AFO to implement nutrient management practices to comply with the technical
standards, including consideration of multi-year phosphorus application on
fields that do not have a high potential for phosphorus runoff to surface
water , phased implementation of phosphorus-based nutrient management, and other
components, in consideration of recommendations from the University of
Tennessee Extension and as determined appropriate by the Director ;
10. Provides for periodic
inspection of equipment used for land application of manure , litter, and other
process wastewater; and
11.
Includes a closure/rehabilitation plan for the waste system storage /treatment
structure(s) that meets or exceeds applicable USDA-NRCS technical standards and
guidelines, and, at a minimum, addresses maintenance of the facility until
proper closure is completed and includes a proposed schedule for closure not to
exceed 360 days.
(b)
Nutrient management plan terms.
The terms of the nutrient management plan
are the information, protocols,
1. Linear approach
An approach that expresses rates of application as pounds of nitrogen and phosphorus, according to the following specifications:
(i) The terms include:
(I) Maximum application rates from manure ,
litter, and process wastewater for each year of permit coverage and for each
crop identified in the nutrient management plan, in terms of total nitrogen and
phosphorus, in pounds per acre, per year, for each field to be used for land
application;
(II) The outcome of
the field-specific assessment of the potential for nitrogen and phosphorus
transport from each field as described in subpart (a)9.(i) of this
paragraph;
(III) The crops to be
planted in each field or any other uses of a field such as pasture or fallow
fields; the realistic yield goal for each crop or use identified for each
field;
(IV) The nitrogen and
phosphorus recommendations as recommended by the University of Tennessee
Extension for each crop or use identified for each field;
(V) Credits for all residual nitrogen in the
field that will be plant-available as recommended by the University of
Tennessee Extension;
(VI)
Consideration of multi-year phosphorus application in accordance with subpart
(a)9.(ii) of this paragraph;
(VII)
An accounting of all other additions of plant-available nitrogen and phosphorus
to the field;
(VIII) The form and
source of manure , litter, and process wastewater to be land-applied;
(IX) The timing and method of land
application; and
(X) The
methodology by which the nutrient management plan accounts for the amount of
nitrogen and phosphorus in the manure , litter, and process wastewater to be
applied as described in part (a)8. of this paragraph.
(ii) Large AFOs that use this approach shall
calculate the maximum amount of manure , litter, and process wastewater to be
land-applied at least once each year using the results of the most recent
representative manure , litter, and process wastewater tests for nitrogen and
phosphorus taken within 12 months of the date of land application.
2. Narrative rate approach
An approach that expresses rates of application as a narrative rate of
application that results in the amount, in tons or gallons, of
(i) The terms include:
(I) Maximum amounts of nitrogen and
phosphorus derived from all sources of nutrients, for each crop identified in
the nutrient management plan, in terms of total nitrogen and phosphorus, in
pounds per acre, for each field, and certain factors necessary to determine
such amounts;
(II) The outcome of
the field-specific assessment of the potential for nitrogen and phosphorus
transport from each field as described in subpart (a)9.(i) of this
paragraph;
(III) The crops to be
planted in each field or any other uses such as pasture or fallow fields
(including alternative crops identified in subpart (iii) of this
part;
(IV) The realistic yield goal
for each crop or use identified for each field; and
(V) The nitrogen and phosphorus
recommendations as recommended by the University of Tennessee Extension for
each crop or use identified for each field.
(ii) The terms include the methodology by
which the nutrient management plan accounts for the following factors when
calculating the amounts of manure , litter, and process wastewater to be
land-applied:
(I) Results of soil tests
conducted in accordance with protocols identified in part (a)8. of this
paragraph;
(II) Credits for all
residual nitrogen in the field that will be plant-available as recommended by
the University of Tennessee;
(III)
The amount of nitrogen and phosphorus in the manure , litter, and process
wastewater to be applied;
(IV)
Consideration of multi-year phosphorus application in accordance with subpart
(a)9.(ii) of this paragraph;
(V)
Accounting for all other additions of plant-available nitrogen and phosphorus
to the field;
(VI) The form and
source of manure , litter, and process wastewater;
(VII) The timing, except as described in
subpart (iv) of this part, and method of land application; and (VIII)
Volatilization of nitrogen and mineralization of organic nitrogen.
(iii) The terms of the nutrient
management plan include alternative crops identified in the AFO 's nutrient
management plan that are not in the planned crop rotation. Where an AFO
includes alternative crops in its nutrient management plan, the crops shall be
listed by field, in addition to the crops identified in the planned crop
rotation for that field, and the nutrient management plan shall include
realistic crop yield goals and the nitrogen and phosphorus recommendations as
recommended by the University of Tennessee for each crop. Maximum amounts of
nitrogen and phosphorus from all sources of nutrients and the amounts of
manure, litter, and process wastewater to be applied shall be determined in
accordance with the methodology described in items (ii)(I) through (VIII) of
this part.
(iv) For AFOs using this
approach, the following projections shall be included in the nutrient
management plan submitted to the Director , but are not terms of the nutrient
management plan: The AFO's planned crop rotations for each field for the period
of permit coverage; the projected amount of manure, litter, or process
wastewater to be applied; projected credits for all nitrogen in the field that
will be plant-available; consideration of multi-year phosphorus application;
accounting for all other additions of plant-available nitrogen and phosphorus
to the field; and the predicted form, source, and method of application of
manure, litter, and process wastewater for each crop. Timing of application for
each field, insofar as it concerns the calculation of rates of application, is
not a term of the nutrient management plan.
(v) AFOs that use this approach shall
calculate maximum amounts of manure , litter, and process wastewater to be
land-applied at least once each year using the methodology required in subpart
(ii) of this part before landapplying manure , litter and process wastewater and
shall rely on the following data:
(I) A
field-specific determination of soil levels of nitrogen and phosphorus,
including, for nitrogen, a concurrent determination of nitrogen that will be
plant-available consistent with the methodology required by subpart (ii) of
this part, and for phosphorus, the results of the most recent soil test
conducted in accordance with soil testing requirements approved by the
Commissioner ; and
(II) The results
of the most recent representative manure , litter, and process wastewater tests
for nitrogen and phosphorus taken within 12 months of the date of land
application, in order to determine the amount of nitrogen and phosphorus in the
manure , litter, and process wastewater to be applied.
(c) Changes to a
nutrient management plan.
1. Any NPDES permit
issued to an AFO shall require the following procedures when an AFO owner or
operator makes changes to the AFO's nutrient management plan previously
submitted to the Director:
(i) The AFO owner
or operator shall provide the Director with the most current version of the
AFO's nutrient management plan and identify changes from the previous version,
except that the results of calculations made in accordance with the
requirements of subparts (b)1.(ii) and (b)2.(v) of this paragraph are not
considered to be changes to the nutrient management plan subject to the
requirements of this paragraph.
(ii) The Director shall review the revised
nutrient management plan to ensure that it meets the requirements of this
paragraph and applicable effluent limitations and standards and shall determine
whether the changes to the nutrient management plan include revision to the
terms of the nutrient management plan as set forth in subparagraph (b) of this
paragraph. If the terms of the nutrient management plan are not revised, the
Director shall notify the AFO owner or operator and upon such notification the
AFO may implement the revised nutrient management plan. If the terms of the
nutrient management plan are revised, the Director shall determine whether such
changes are substantial changes as described in part 2. of this
subparagraph.
(iii) If the Director
determines that the changes to the terms of the nutrient management plan are
not substantial, the Director shall make the revised nutrient management plan
publicly available and include it in the permit record and inform the public of
any changes to the terms of the nutrient management plan.
(iv) If the Director determines that the
changes to the terms of the nutrient management plan are substantial, the
Director shall notify the public and make the proposed changes and the
information submitted by the AFO owner or operator available for public review
and comment. The process for public notice and participation shall follow the
procedures applicable to draft permits set forth in Rule
0400-40-05-.06.
The Director shall consider all significant comments received during the
comment period and require the AFO owner or operator to further revise the
nutrient management plan if necessary. Once the Director approves the revised
terms of the nutrient management plan, the Director shall issue a notice of
determination that addresses all comments received and notifies the owner or
operator and the public of the final decision concerning revisions to the
nutrient management plan.
2. Substantial changes to the terms of a
nutrient management plan incorporated as terms and conditions of a permit
include, but are not limited to:
(i) Addition
of new land application areas not previously included in the AFO 's nutrient
management plan or in the terms of a nutrient management plan incorporated into
an existing NPDES permit . If the AFO owner or operator applies manure, litter,
or process wastewater on the newly added land application area in accordance
with existing field-specific permit terms applicable to the newly added land
application area, such addition of new land would be a change to the new AFO
owner or operator's nutrient management plan but not a substantial change for
purposes of this paragraph;
(ii)
Any changes to the field-specific maximum annual rates for land application set
in accordance with the linear approach, or to the maximum amounts of nitrogen
and phosphorus derived from all sources for each crop set in accordance with
the narrative approach;
(iii)
Addition of any crop or other uses not included in the terms of the AFO 's
nutrient management plan and corresponding field-specific rates of application;
and
(iv) Changes to site-specific
components of the AFO 's nutrient management plan, where such changes are likely
to increase the risk of nitrogen and phosphorus transport to waters of the
state .
3. AFOs covered
by state operating permits are subject to the following procedures when the AFO
owner or operator makes changes to the AFO's nutrient management plan
previously submitted to the Director :
(i) The
AFO owner or operator shall provide the Director with the most current version
of the AFO's nutrient management plan and identify changes from the previous
version.
(ii) The Director shall
review the revised nutrient management plan to ensure that it meets the
requirements of this paragraph and applicable effluent standards and shall
determine whether the changes to the nutrient management plan include revisions
to the terms of the nutrient management plan as set forth in subparagraph (b)
of this paragraph. The Director shall advise the AFO owner or operator whether
the changes meet the requirements of this paragraph and applicable effluent
standards. Upon such notification, the AFO owner or operator shall either make
further revisions to the nutrient management plan or implement the revised
nutrient management plan.
(iii)
Operational changes that require nutrient management plan revision,
resubmittal, and approval, include:
(I)
Additional confinement buildings, settling basins, lagoons, holding ponds, or
pits, and other agricultural waste containment/treatment structures or handling
systems;
(II) The addition of new
fields for land application of manure , or the removal of existing
fields;
(III) A substantial
increase in the amount of manure produced by the operation such that the
current nutrient management plan does not adequately account for the
increase;
(IV) Alternative crops
that were not mentioned in the previous nutrient management plan; or
(V) Increases in the total amount of nitrogen
and phosphorus for each crop for a narrative plan.
(11)
Recordkeeping and reporting requirements.
Any
(a) A requirement
that the permittee shall create, maintain for five years, and make available to
the Director , upon request, the following records:
1. Records documenting the implementation and
management of the minimum elements described in subparagraph (10)(a) of this
rule and all applicable records identified in parts 2. through 18. of this
subparagraph;
2. A copy of the
AFO 's site-specific nutrient management plan;
3. Records documenting the following visual
inspections:
(i) Weekly inspections of all
stormwater diversion devices, runoff diversion structures, and devices
channeling contaminated stormwater to the wastewater and manure storage and
containment structure;
(ii) Daily
inspections of water lines, including drinking or cooling water lines;
and
(iii) Weekly inspections of the
manure , litter, and process wastewater impoundments noting the liquid level in
the impoundments;
4.
Weekly records of the depth of the manure and process wastewater in any open
surface liquid impoundment as indicated by the required depth marker that
indicates the minimum capacity necessary to contain the runoff and direct
precipitation of the 25-year, 24-hour rainfall event. In the case of swine or
poultry AFOs that are new sources, the depth marker shall indicate minimum
capacity necessary to contain the runoff and direct precipitation associated
with the 25-year, 24-hour rainfall event used for sizing the
impoundment;
5. Records documenting
any corrective actions taken (if deficiencies are not corrected within 30 days
of notice of deficiency, the records shall include an explanation of the
factors preventing immediate correction);
6. Records of mortalities management and
practices used to comply with the nutrient management plan;
7. Records documenting the current design of
any manure or litter storage structures, including volume for solids
accumulation, design treatment volume, total design volume, and approximate
number of days of storage capacity;
8. Records of the date, time, and estimated
volume of any overflow;
9. Expected
and actual crop yields;
10. The
date(s) manure , litter, or process wastewater is applied to each
field;
11. Weather conditions at
the time of application and for 24 hours prior to and following application;
12 Test methods used to sample and
analyze manure , litter, process wastewater, and soil;
13. Results from manure , litter, process
wastewater, and soil sampling;
14.
Explanation of the basis for determining manure application rates, as provided
in the technical standards established by the University of Tennessee Extension
or as otherwise approved by the Director or the Tennessee Department of
Agriculture and consistent with applicable state and federal rules;
15. Calculations showing the total nitrogen
and phosphorus to be applied to each field, including sources other than
manure , litter, or process wastewater;
16. Total amount of nitrogen and phosphorus
actually applied to each field, including documentation of calculations for the
total amount applied;
17. The
method used to apply the manure , litter, or process wastewater; and
18. Date(s) of manure application equipment
inspection and calibration .
(b) Recordkeeping for third-party waste
transfers.
A requirement that prior to transferring
1. The name and location of
the facility that is exporting manure , litter, or process wastewater;
2. The type and amount of material that is
removed from the AFO ;
3. The date
the material was removed from the AFO ;
4. The following best management practice
recommendations:
(i) The manure , litter, or
process wastewater shall be managed to ensure there is no discharge of manure,
litter, or process wastewater to surface or groundwater;
(ii) When removed from the facility, manure ,
litter, or process wastewater should be applied directly to the field or
stockpiled and covered with plastic or stored in a building;
(iii) Manure , litter, or process wastewater
shall not be stockpiled near streams, sinkholes, wetlands, or wells;
(iv) Fields receiving manure , litter, or
process wastewater should be soil tested at least every five years;
(v) A manure , litter, or process wastewater
nutrient analysis should be used to determine application rates for various
crops;
(vi) Calibrate spreading
equipment and apply manure , litter, or process wastewater uniformly;
(vii) Apply no more nitrogen or phosphorus
than can be used by the crop;
(viii) A buffer zone is recommended between
the application sites and adjacent streams, lakes, ponds, sinkholes, and wells.
The following non-application buffer widths, based on the USDA-NRCS
Conservation Practice Standard 590 (January 2013 version, or most recent
version), should be used when applicable:
(I)
150 ft. from wells located upslope of the application site;
(II) 300 ft. from wells located downslope of
the application site, if conditions warrant application;
(III) 30-100 ft. from waterbodies, depending
on the amount and quality of vegetation and slope;
(IV) 300 ft. from all public use areas;
and
(V) 300 ft. from all residences
other than the third-party recipient's.
(ix) Do not apply manure , litter, or process
wastewater when the ground is frozen, flooded, saturated, or on steep slopes
subject to flooding, erosion, or rapid runoff;
(x) Cover vehicles hauling manure , litter, or
process wastewater on public roads; and
(xi) Keep records of locations where manure ,
litter, or process wastewater will be land-applied or used as a fertilizer;
and
5. A signed
certification statement from the recipient of the material from the AFO ,
including the recipient's name, address, and phone number.
(c) A requirement that NPDES -permitted AFOs
submit to the Department , an annual report between January 1 and February 15
that includes:
1. The number and type of
animals on site, whether in open confinement or housed under roof;
2. Estimated amount of total manure , litter,
and process wastewater generated by the AFO in the previous calendar year (tons
or gallons);
3. Estimated amount of
total manure , litter, and process wastewater transferred to a third party by
the AFO in the previous calendar year (tons or gallons);
4. Total number of acres for land application
covered by the nutrient management plan;
5. Total number of acres under control of the
AFO that were used for land application of manure, litter, and process
wastewater in the previous calendar year;
6. A summary of all manure , litter, and
process wastewater discharges to waters of the state from the production area
that have occurred in the previous calendar year, including date, time, and
approximate volume;
7. A statement
indicating whether the current version of the AFO 's nutrient management plan
was developed or approved by a certified nutrient management planner;
8. The actual crop(s) planted and actual
yield(s) for each field;
9. The
actual nitrogen and phosphorus content of the manure , litter, and process
wastewater;
10. The results of
calculations to determine the maximum amount of manure , litter, and process
wastewater to be land-applied and the data used in the calculations;
11. The actual amount of manure , litter, and
process wastewater applied during the previous 12 months;
12. The results of any soil tests for
nitrogen and phosphorus conducted in the previous 12 months; and
13. The amount of any supplemental fertilizer
applied during the previous 12 months.
(12) For AFOs with applicable federal
effluent guidelines, technology-based effluent limitations and standards in
accordance with those guidelines shall be applied.
(13) For AFOs that are not subject to
applicable federal effluent guidelines, the production area shall be designed,
constructed, operated, and maintained so that no discharge will occur, except
as authorized through the conditions of an NPDES permit .
(14) Permitted facilities placed into
operation after April 13, 2006 must be designed, constructed, operated, and
maintained in accordance with final design plans and specifications that meet
or exceed standards in the USDA-NRCS Agricultural Waste Management Field
Handbook (April 1992), the USDA-NRCS National Engineering Handbook (May 2014),
or other defensible methodology approved by the Division. Specifically, plans
shall contain the following:
(a) 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 13, 2006, shall
be located in accordance with USDA-NRCS Conservation Practice Standard 313
(August 2018);
(b) Information to
be used in the design of the open manure storage structure including, but not
limited to, minimum storage for rainy seasons, minimum capacity for chronic
rainfall events, the prohibition of land application to frozen, saturated, or
snow-covered ground, the dewatering schedules set in the AFO's Nutrient
Management Plan, additional storage capacity for any manure intended to be
transferred to another recipient at a later time, and any other factors that
would affect the sizing of the open manure storage structure;
(c) The design of the open manure storage
structure as determined by the USDA-NRCS's Animal Waste Management (AWM)
software (version 2.4). AFOs may use equivalent design software or procedures
as approved in writing by the Commissioner ;
(d) All inputs used in the open manure
storage structure design including actual climate data for the previous 30
years consisting of historical average monthly precipitation and evaporation
values, the number and types of animals, anticipated animal sizes or weights,
any added water and bedding, any other process wastewater, and the size and
condition of outside areas exposed to rainfall and contributing runoff to the
open manure storage structure;
(e)
The planning minimum period of storage in months including, but not limited to,
the factors for designing an open manure storage structure listed in
subparagraph (b) of this paragraph. Alternatively, the AFO may determine the
minimum period of storage by specifying times the storage pond will be emptied
consistent with the AFO's nutrient management plan; and
(f) 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
design. The subsurface investigation will include a detailed soils
investigation with special attention to the water table depth and seepage
potential. The investigation shall evaluate soils to a depth of two feet below
the planned bottom grade of the storage structure. Deeper investigations may be
required in karst regions. A soils/geologic investigation shall be performed by
a soil scientist (as described in Rule
0400-48-01-.18
) and qualified geologist. A qualified geologist is defined as an individual
who is a Registered Professional Geologist licensed by the State of Tennessee
or an individual who meets the requirements for the title of Certified
Professional Geologist as defined by the American Institute of Professional
Geologists. Unless relevant information is available to the contrary,
compliance with this provision during design and construction of the facility
will normally demonstrate that the hydrologic connection does not exceed a
maximum allowable specific discharge of 0.0028 ft/day (1 x 10-6
cm/sec).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.