justicedao/ipfs_state_laws huggingface dataset:
340-050-0065 Best Management Practices for Site Selection and the Use and Application of Bulk Biosolids and Domestic Septage: Use Limitations (1) The quantity of bulk biosolids or domestic septage applied to any Department authorized land spreading sites shall not exceed the agronomic rate for the particular cultivar grown. Best management practices are recommended where exceptional quality biosolids are land applied. (2) Where bulk biosolids and domestic septage are applied for agricultural use, nitrogen requirements for particular crops can be obtained from the Oregon State University Extension Service. (3) Biosolids and domestic septage shall be applied at rates and methods which prevent the occurrence of runoff, erosion, leaching, and nuisance conditions, or the likelihood of groundwater contamination. (4) Controlled access to bulk Class B domestic biosolids and domestic septage land application sites is required for a minimum of 12 months following surface application of solids. Access control is assumed on rural private land. (5) As a general rule, crops grown for direct human consumption (fresh market fruits and vegetables) should not be planted for at least 14 months after bulk Class B biosolids or domestic septage application. If the edible parts will not be in contact with the Class B biosolids or domestic septage amended soil, or if the crop is to be treated or processed prior to marketing such that pathogen contamination is not a concern, this requirement may be waived for root crops pursuant to § 503.32(b)(5). No time restrictions are required where Class A biosolids derived products are land applied to sites used for the cultivation of fresh market fruits or vegetables. (6) Grazing animals should not be allowed on pasture or forage nor should livestock feed crops be harvested where bulk Class B biosolids or domestic septage have been applied for a minimum of 30 days after application. (7) Exceptional Quality biosolids and biosolids derived products may be used on indoor and outdoor ornamental plants, shrubs, trees, home gardens and lawns, and high public contact areas without restricting public access. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.095 History: DEQ 53-2018, minor correction filed 04/03/2018, effective 04/03/2018 DEQ 18-1995, f. & cert. ef. 7-20-95 DEQ 15-1984, f. & ef. 8-21-84
340-050-0070 Best Management Practices for Site Selection and the Use and Application of Bulk Biosolids and Domestic Septage: Criteria for Site Selection and Approval (1) Normally, tillable agricultural land is suitable for the land application of biosolids and domestic septage. (2) To be considered for biosolids or domestic septage land application, sites should meet all the following conditions: (a) Sites should be on a stable geologic formation not subject to flooding or excessive runoff from adjacent land. If periodic flooding cannot be avoided, the period of application should be restricted and soil incorporation is recommended. (b) At the time when liquid biosolids or domestic septage are applied, the minimum depth to permanent groundwater should be four feet and the minimum depth to temporary groundwater should be one foot. Sites approved for year-round application should be evaluated carefully to ensure that groundwater separation distances conform with these requirements. (c) Topography of the site should be suitable to allow normal agricultural operations. Where needed, runoff and erosion control measures should be constructed. In general, liquid biosolids or domestic septage should not be surface applied on bare soils where the ground slope exceeds 12 percent. Well-vegetated sites with slopes up to 30 percent may be used for dewatered or dried biosolids, or for liquid biosolids or domestic septage application with appropriate management to prevent runoff. (d) Soil should have a minimum rooting depth of 24 inches. The underlying substratum to at least 24 inches should not be rapidly draining so that leachate will not be short-circuited to groundwater. (e) Sites with saline and/or sodic soils should be avoided. (3) Discretion should be used in approving application of biosolids or domestic septage on land that is in close proximity to residential areas. (a) A buffer strip large enough to prevent nuisance odors or wind drift is needed. Size of the buffer strip will be determined by the Department on a case-by-case basis and depend upon the method of application used, total solids content, and proximity to sensitive areas, for example: (A) Direct injection: no limit required; (B) Truck spreading (liquid): 0 to 200 feet; (C) Spray irrigation: 50 to 500 feet; (D) Cake or dried solids: 0 to 50 feet. (b) Buffer strips should be provided along well traveled highways. The size of the buffer strip will vary with local conditions and should be left to the discretion of the Department field representative. (c) No bulk Class B biosolids or domestic septage should be spread at the site closer than 50 feet to any ditch, channel, pond or waterway or within 200 feet of a domestic water source or well. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.095 History: DEQ 54-2018, minor correction filed 04/03/2018, effective 04/03/2018 DEQ 18-1995, f. & cert. ef. 7-20-95 DEQ 15-1984, f. & ef. 8-21-84
340-050-0080 Best Management Practices for Site Selection and the Use and Application of Bulk Biosolids and Domestic Septage: Application of Biosolids and Domestic Septage (1) Biosolids analyses offer a guide to determine the annual application rate for a particular crop; ascertain whether cumulative pollutant tracking is required; and establish that solids are sufficiently stable to comply with pathogen and vector attraction reduction standards required under 40 CFR §503.32 and 40 CFR §503.33, respectively. (2) The application of biosolids or domestic septage on agricultural land should be managed to utilize the fertilizer and organic matter value to the maximum extent possible. The recommended rate of biosolids or domestic septage application is normally based on the nitrogen requirement of the crop grown and will vary depending on the nitrogen content of the solids. (3) Crop nitrogen requirements are used routinely to determine application rates for commercial fertilizer and these figures are readily available from state or county Extension Service offices. Applying biosolids and domestic septage within these limits helps ensure that solids nitrogen will be utilized for plant growth and that excess nitrogen which could leach into groundwater will not be of concern. (4) Exceeding crop nitrogen requirements may occasionally be justified on a temporary basis in order to achieve rapid soil improvement or to prolong beneficial effects. Biosolids applications exceeding normal crop nitrogen requirements may be approved on a case-by-case basis for reclamation or soil improvement, if justification for a single high rate application is provided to the Department. (a) Where a site has previously been amended with biosolids at soil improvement or reclamation rates, documentation of background soil nitrate-nitrogen (NO3-N) shall be submitted for Department approval prior to the application of additional biosolids; (b) Soil samples shall be collected and tested according to protocols published by Oregon State University and the American Society of Agronomy. (5) Sites proposed for routine annual application at agronomic rates must periodically be assessed to determine the impact of nitrogen from biosolids and other sources. (a) The criteria for requiring evaluation or performance monitoring [e.g., soil testing for carry-over nitrate-nitrogen (NO3-N)] will be biosolids applications exceeding 2 out of 3 successive years at agronomic rates; (b) Soil samples shall be collected and tested according to protocols published by Oregon State University and the American Society of Agronomy. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468B.095 History: DEQ 55-2018, minor correction filed 04/03/2018, effective 04/03/2018 DEQ 18-1995, f. & cert. ef. 7-20-95 DEQ 15-1984, f. & ef. 8-21-84
340-051-0005 Purpose It is the purpose of these rules to protect the quality of the environment and public health in Oregon by requiring compliance with federal requirements in 40 CFR §122, 123, and 412 (68 FR 7176 (February 12, 2003)) and application of applicable waste control technology relative to location, construction, operations and maintenance of confined animal feeding operations. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0007 Implementation of OAR 340-051 (1) Oregon Department of Agriculture Authority. Pursuant to ORS 468B.200 through 468B.230 and the Memorandum of Understanding between the Environmental Quality Commission and Oregon Department of Agriculture (October 2002), the Oregon Department of Agriculture is authorized to implement the provisions of OAR 340, division 051 consistent with OAR 603, division 074 Confined Animal Feeding Operation Program. (2) Certification of Plans and Specifications. In lieu of Department approval of plans and specifications as required by OAR 340-051-0015, the Department will accept certification by a licensed engineer that waste water control facilities specified in subsection (2)(a) of this rule were designed and constructed in compliance with OAR 340-051-0055 through 340-051-0070. (a) Certifications may only be made for: (A) Earthen impoundments, conveyances, and animal holding areas; (B) Earthen-floored buildings and animal travel lanes between buildings in the production area; and (C) Primary storage structures for liquid and solid manure. For purpose of this paragraph, a primary storage structure is any storage structure intended to hold an operation’s waste for a period of five or more days. (b) Certifications must be submitted on forms approved by the Department. (c) Certification in lieu of Department approval is not allowed for waste water control facilities using experimental or unproven treatment methods or technology and may be disallowed for any other facility if the Department determines that the nature of the facility or operation is such that Department review is needed to ensure protection of waters of the state. (3) Exclusion from Department Approval. Construction or modification of waste water control facilities, other than impoundments, conveyances, holding areas, buildings and animal travel lanes within the production area, and primary storage structures, are not subject to design or post-construction review and approval requirements unless the Department determines that the nature of the facility is such that review is needed to ensure protection of waters of the state. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468.005, 468B.005 & 468B.205 History: DEQ 12-2003, f. & cert. ef. 9-2-03
340-051-0015 New, Modified or Expanded Facilities and Operations A person constructing or commencing to operate a confined animal feeding operation or waste water control facility, or substantially modifying or expanding an existing confined animal feeding operation or waste water control facility shall first submit detailed plans and specifications for said facility and operation and other necessary information to the Department and obtain approval for the proposed facility and operation from the Department in writing: (1) Plans and specifications and other information to be submitted will constitute a complete, descriptive proposal and should include, to the extent that such information is pertinent and available, the following: (a) Location map showing ownership, zoning and use of adjacent lands and location of the proposed confined animal feeding operation in relation to residences and domestic water supply sources; (b) Topographic map of the proposed site showing the natural drainage pattern and the proposed surface water diversion and area and roof drainage control system or systems; (c) Climatological data for the proposed site describing normal annual and seasonal precipitation quantities and patterns, evaporation rates and prevailing winds; (d) Information regarding the occurrence of usable groundwaters and typical soil types in the area of the proposed site and disposal areas; (e) Estimated maximum numbers and types of animals to be confined at the site at any one time and estimated volume of wastes to be collected and disposed of; (f) Detailed plans and specifications and procedures for wastewater and manure collection, handling, retention, storage, treatment and disposal systems; (g) Details of feed preparation, storage, handling and use and proposed methods and facilities for controlling wastes that are likely to result therefrom; (h) Any additional information that the Department may reasonably require to enable it to pass intelligently upon the effects of the proposed confined animal feeding operation upon environmental quality. (2) Receipt of applications and a preliminary evaluation of completeness shall be made within 14 days to all applicants. Written notice of approval or disapproval will be issued by the Department to the applicant within 45 days of receipt of complete plans and specifications. Any notice of disapproval will contain itemized deficiencies. (3) New or substantially modified or expanded facilities or operations must be constructed in accordance with plans and specifications as approved in writing by the Department. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0020 Construction, Operation and Maintenance Requirements All waste water control facilities and confined animal feeding operations must be designed, constructed, maintained, and operated in accordance with the following: (1) All confinement areas, manure handling and accumulation areas and disposal areas and facilities must be located, constructed, and operated such that manure, contaminated drainage waters or other wastes do not enter the waters of the state at any time, except as may be permitted by the conditions of a specific waste discharge permit issued in accordance with ORS 468B.050. (2) Unless it can be demonstrated that contaminated drainage can be effectively controlled by other means, or unless a specific written variance is obtained from the Department as provided in OAR 340-051-0025, the design, construction, operation, and maintenance of confined animal feeding operations and waste water control facilities must be in conformance with “Guidelines for the Design and Operation of Animal Waste Water Control Facilities.” (OAR 340-051-0050 through 340-051-0080) Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0025 Variances From Specified Requirements (1) The Department may, by specific written variance, waive certain requirements of these regulations when size of operation, location and topography, operational procedures, or other special conditions indicate that the purpose of these regulations can be achieved without strict adherence to all of the requirements. (2) The Department may, in accordance with a specific compliance schedule, grant reasonable time for existing confined animal feeding operations to comply with these regulations. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0030 Advisory Committee (1) At the request of the animal industry, provision is made for a 13-person committee to serve in an advisory capacity to the Department on problems related to the location, construction, operation and maintenance of confined animal feeding operations. The advisory committee will include one member each from: (a) Oregon Horsemen’s Association. (b) Oregon Dairymen’s Association. (c) Oregon Sheep Growers Association. (d) Oregon Purebred Swine Growers Association. (e) Oregon State Fur Breeders Association. (f) Oregon State Department of Agriculture. (g) Department of Animal Science, Oregon State University. (h) Western Oregon Livestock Association and divisional representation from: (A) Oregon Cattlemen’s Association (Producer representative and feeder representative); (B) Oregon Poultry Council (Oregon Turkey Improvement Association representative, Oregon Poultry Growers Association and Oregon Broiler Growers Association representatives). (2) Each member will be appointed by the presiding officer of the organization the member represents and will serve at the pleasure of the organization. The Department shall not be liable for any of the expenses of the advisory committee or its individual members. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0050 Guidelines for the Design and Operation of Animal Waste Control Facilities: Scope The guidelines contained in this rule are recommendations for design and operation of animal waste water control facilities and are intended to supplement OAR 340-051-0020. They convey many of the criteria considered by the Department to conform to applicable design and operational practices. Alternative methods of control will be acceptable if they can be shown to provide fully equivalent control. Compliance with these guidelines will in most instances constitute satisfactory performance of the design and operation functions to which OAR 340-051-0020 apply. To the extent possible, the Department will reference applicable guidelines or appropriate sections of OAR 340, division 051 when it disapproves of submitted plans or requires improvements to facilities or their operations. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0055 Guidelines for the Design and Operation of Animal Waste Control Facilities: Drainage and Waste Volume Control (1) Roof drainage and uncontaminated surface drainage should be diverted such that it is not allowed to flow through confinement areas or enter waste water holding lagoons, sumps or tanks, unless it can be demonstrated by detailed design and proven operational practices that wastes and contaminated drainage waters can be effectively controlled by other means. (2) Where large winter use confinement areas are exposed to heavy rainfall, and wastewater storage and disposal capacities are limited, such areas should be covered to minimize wastewater volume. (3) Waste collection systems utilizing water for flushing manure from floors should minimize water use, and washwater reuse practices should be employed wherever possible. (4) Animal drinking water and atmospheric control sprays should be managed such that drainage through contaminated areas is minimized. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0060 Guidelines for the Design and Operation of Animal Waste Control Facilities: Collection and Storage Facilities (1) Liquid Manure Systems: (a) When waste holding lagoons are used to accumulate manure and contaminated drainage waters they should have sufficient usable capacity to contain the maximum accumulated rainfall and manure runoff from the entire collection area for the maximum expected period of accumulation. (As a generalized rule of thumb for design, ponds with capacity equal to 1/2 the average annual rainfall over the entire collection area will usually provide adequate operating and reserve capacity to catch one in ten year peak storm runoff from a feedlot); (b) Waste holding lagoons and collection sumps should be constructed to provide for at least annual removal of accumulated solids to maintain effective storage capacity; (c) Earth dikes should be constructed of good quality soil material, well compacted during construction, with side slopes consistent with accepted earthfill practices for the materials used and stabilized with vegetation recommended by the Agricultural Extension Service, immediately following construction; (d) Waste holding lagoons or collection sumps with earth dikes should be constructed with overflow relief structures to prevent a washout in the event of failure in other parts of the system; (e) Where unusually windy conditions prevail, or surface aeration equipment is used, dikes should be protected to prevent erosion; (f) Reinforced concrete manure holding tanks should be constructed in accordance with, or at least equivalent to, specifications for steel placement and concrete quality contained in a design that has been prepared by or has been reviewed and found acceptable by a qualified structural engineer; (g) Where seasonal groundwater levels rise above the bottom of a below-ground-level tank, drain tile should be laid at the base of the tank before it is backfilled. (2) Solids Handling Systems: (a) Manure solids should be collected, stored, and utilized or disposed of with a minimum of water (or rainfall) addition, in a manner that will prevent water pollution and minimize the production of flies and odors; (b) Where large accumulations of manure are stored during winter months, contaminated drainage collection and holding or disposal facilities should be provided. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 57-2018, minor correction filed 04/04/2018, effective 04/04/2018 DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72
340-051-0065 Guidelines for the Design and Operation of Animal Waste Control Facilities: Conveyance Facilities and Practices (1) Liquid manure irrigation systems should have delivery mains buried wherever practicable to minimize the amount of pipe exposed to the hazards of surface damage and failure. (2) Trucks or tank wagons carrying manure or manure slurry on public roads should be of water tight construction and sufficiently closed or baffled to prevent spillage of any kind. (3) Manure slurry delivery pipelines crossing streams or gullies should be permanently placed with adequate protection from streamflow hazards and/or braced to prevent excessive bending stress in the pipe. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468B.200 - 468B.300 History: DEQ 12-2003, f. & cert. ef. 9-2-03 DEQ 34, f. 2-3-72, ef. 2-15-72