Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-7 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) BEST MANAGEMENT PRACTICES, REGISTRATION REQUIREMENTS, TECHNICAL STANDARDS AND GUIDELINES, CONSTRUCTION AND OPERATION REQUIREMENTS, WASTE/WASTEWATER AND WASTE PRODUCT TREATMENT, STORAGE, HANDLING, TRANSPORT, AND DISPOSAL/LAND APPLICATION, NUTRIENT MANAGEMENT, AND ANIMAL MORTALITY MANAGEMENT REQUIREMENTS FOR OWNERS AND OPERATORS OF ANIMAL FEEDING OPERATIONS (AFOS) AND CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOS) › Section 335-6-7-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise or unless a different meaning is stated in a definition applicable to
				  only a portion of this Chapter. Unless manifestly inconsistent with this
				  Chapter, other words and phrases used in this Chapter shall have the same
				  meaning as used in Chapters 335-6-3, 335-6-6, 335-6-10, 335-6-11, and the
				  AWPCA.
(a) "AAPCA" means the Alabama
				Air Pollution Control Act, as amended.
(b) "ADAI" means the Alabama Department of
				Agriculture and Industries, including the office of the State
				Veterinarian.
(c) "ADEM"
				(Department) means the Alabama Department of Environmental
				Management.
(d) "ADPH" means the
				Alabama Department of Public Health.
(e) "Agricultural Waste" means animal
				production by-products including animal waste, wastewater, manure, litter,
				bedding material, feces, urine, washdown water, dead animals, compost, dead
				animal compost, or other potential nutrient sources or pollutants generated by
				operation of an Animal Feeding Operation (AFO).
(f) "Agronomic Rates" means the land
				application of animal wastes at rates of application which provide the crop or
				forage growth with needed nutrients for optimum health and growth in accordance
				with NRCS technical standards and guidelines to ensure the protection of
				groundwater and surface water quality.
(g) "Ancillary Equipment" means any devices
				including, but not limited to, such devices as piping, pumps, concrete
				conveyances, etc. used to distribute, meter, or control the flow of
				wastes.
(h) "Animal Feeding
				Operation" (AFO) means a lot or facility (other than an aquatic animal
				production facility) where animals (does not have to be the same animals) have
				been, are, or will be stabled, confined, gathered, or concentrated and fed or
				maintained (watered, cleaned, groomed, medicated, etc.) for a total of 45 days
				(days do not have to be consecutive) or more in any 12-month period (period
				does not have to correspond to the calendar year), and the animal confinement
				areas do not sustain crops, vegetation, forage growth, or post-harvest residues
				in the normal growing season as generally described in 40 CFR (Code of Federal
				Regulations) 122.23(b)(1). Two or more AFOs under common ownership are
				considered a single AFO and may require Registration as a CAFO if they adjoin,
				or are in close proximity to each other as determined by the Director or his
				designee. Unless determined otherwise by the Director or his designee, two or
				more AFOs under common ownership or under different ownership are considered a
				single AFO and may require Registration as a CAFO, separately or together, if
				they are operated as a single operation, if they use a common area or system
				for the disposal of waste/wastewater, if they significantly share resources,
				storage or treatments systems, equipment, etc., or otherwise significantly link
				operations. Each owner/operator of an AFO that adjoins or is in close proximity
				to another AFO, or shares resources or has links to other operations, can
				contact the Department for clarification in writing of the status of their
				facility(s).
(i) "Animal Unit" (AU)
				means a unit of measurement for any AFO calculated by adding the following
				numbers: the number of slaughter and feeder cattle and dairy heifers multiplied
				by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the
				number of swine weighing greater than or equal to 55 pounds multiplied by 0.4,
				plus the number of swine weighing greater than or equal to 15 pounds and less
				than 55 pounds multiplied by 0.25, plus the number of swine weighing less than
				15 pounds multiplied by 0.1, plus the number of goats multiplied by 0.16, plus
				the number of emus multiplied by 0.16, plus the number of rabbits multiplied by
				0.016, plus the number of sheep multiplied by 0.1, plus the number of horses
				multiplied by 2.0, and as designated in rule
				335-6-7-.10. Where an AU is not
				specifically defined in this Chapter for an animal (e.g. nutria, other ratites,
				reptiles, brood cows, etc.), an appropriate AU is determined comparing live
				weight equivalent waste quantity and constituent composition (limiting
				nutrients, moisture, additive compounds, etc.) from the most similar type
				animal with a defined AU.
(j)
				"Animal Waste Management System" means any system used for the collection,
				storage, treatment, handling, transport, distribution, land application, or
				disposal of agricultural wastes, animal waste/wastewater, waste product, and
				dead animals generated by an AFO that meets or exceeds NRCS technical standards
				and guidelines.
(k) "AWPCA" means
				the Alabama Water Pollution Control Act, as amended.
(l) "Best Management Practices" (BMPs) means
				schedules of activities, prohibitions of practices, maintenance procedures, and
				other effective management practices that meet or exceed NRCS technical
				standards and guidelines, NRCS Comprehensive Nutrient Management Plan (CNMP)
				guidelines, and Departmental requirements that are implemented to the maximum
				extent practicable to prevent or reduce pollutant discharges to waters of the
				State. BMPs also include effective treatment requirements, operating
				procedures, and practices to control construction and operation, site runoff,
				spillage or leaks, sludge or waste/wastewater transport, storage, disposal or
				land application, dead animal disposal, or drainage from raw material handling
				and storage. BMPs also means full implementation and continued maintenance of
				appropriate structural and non-structural practices and management strategies
				to prevent and minimize the introduction of pollutants to stormwater and to
				treat stormwater to remove pollutants to the maximum extent practicable prior
				to discharge.
(m) "Bypass" means
				the intentional diversion of waste streams from any portion of a waste
				treatment facility.
(n) "CWA" means
				the Federal Water Pollution Control Act (FWPCA),
				33 U.S.C. §
										1251
et
seq
., as amended.
(o) "Certified Animal Waste Vendor" (CAWV)
				means any person certified by the Department, or certified by another agency in
				cooperation with the Department, to accept liability and responsibility for AFO
				waste, obtain required continuing education, keep required records, and
				effectively manage, handle, transport, store, and properly land apply AFO waste
				in a manner that meets or exceeds NRCS technical standards and guidelines,
				manage animal mortality in a manner that meets or exceeds ADAI requirements,
				prevents discharges, and ensures protection of groundwater and surface water
				quality in accordance with the requirements of this Chapter, and the
				requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto.
				The CAWV is responsible, in cooperation with the AFO owner/operator generating
				the waste/wastewater or land owner(s) receiving the waste/wastewater, for
				ensuring the suitability of each site prior to applying waste/wastewater,
				including but not limited to, proper timing of waste/wastewater application,
				proper calibration of equipment, ensuring that required waste/wastewater
				characterization and soil testing have been properly performed, ensuring that
				required inspections are properly performed, ensuring that required sampling of
				any discharges are properly performed, and ensuring that the land owner(s) or
				others receiving the waste/wastewater are informed of the requirements of this
				Chapter.
(p) "Chronic and
				Catastrophic Rainfall" means precipitation events which may result in an
				overflow of the required retention structure as described in 40 CFR Part 412 .
				Catastrophic rainfall conditions would mean any single event which would equal
				or exceed the volume of the 25-year, 24-hour storm event. Catastrophic
				conditions could also include tornadoes, hurricanes or other catastrophic
				conditions which could cause overflow due to winds or mechanical damage.
				Chronic rainfall would be that series of wet weather conditions which would not
				provide opportunity for dewatering and which would equal or exceed the volume
				of the comparable 25-year, 24-hour storm event.
(q) "Commission" means the Alabama
				Environmental Management Commission (AEMC).
(r) "Concentrated Animal Feeding Operation"
				(CAFO) means an animal feeding operation (AFO) as generally described in
				40
				CFR 122.23 Appendix B,
				40
				CFR 122.23(c), and defined
				in Rule 335-6-7-.10. For purposes of this
				Chapter, an AFO, regardless of size or number of animals, that has experienced
				a point source discharge after April 1, 1999 is considered to be included in
				this definition.
(s) "Construction"
				means any land disturbance associated with or the result of building,
				excavation, digging, land clearing, grubbing, placement of fill, grading,
				blasting, reclamation, or other activity which in any way disturbs, changes, or
				modifies the ground surface, ground profile or topography, or materials stored
				or processed above ground, including right-of-ways (ROWs) and associated areas,
				but excluding mining. Construction also means that the owner or operator has
				begun, or caused to begin as part of a continuous or phased on-site
				construction program, (1) any placement, assembly, or installation of
				facilities or equipment; or (2) significant site preparation work including,
				but not limited to, clearing, excavation, or removal of existing buildings,
				structures, or facilities which is necessary for the placement, assembly, or
				installation of new source facilities or equipment; or (3) entered into a
				binding contractual obligation for the purpose of placement, assembly, or
				installation of facilities or equipment which are intended to be used in its
				operation within a reasonable time. Options to purchase or contracts which can
				be terminated or modified without substantial loss, and contracts for
				feasibility, engineering, and design studies do not constitute a contractual
				obligation under this paragraph.
(t) "Control Facility" means any system used
				for the retention of all wastes on the premises until their ultimate disposal.
				This includes the retention of manure, liquid waste, dead animals, and runoff
				from the feedlot or stable area.
(u) "Department" means the Alabama Department
				of Environmental Management (ADEM), established by the Alabama Environmental
				Management Act,
Code of Ala. 1975
, §§
									22-22A-1 to
				22-22A-16.
(v) "Director" means the Director of the
				Alabama Department of Environmental Management or his authorized representative
				or designee.
(w) "Discharge" means
				"[t]he addition, introduction, leaking, spilling or emitting of any sewage,
				industrial waste, pollutant or other waste into waters of the State",
Code of Ala. 1975
, §
									22-22-1(b)(9), as
				amended.
(x) "Freeboard" means the
				minimum elevation of the top of the settled embankment above the maximum design
				water surface in a lagoon or waste storage pond/sump to provide a margin of
				safety.
(y) "Groundwater" means
				water below the land surface in a zone of saturation.
(z) "Hydrologic Connection" means the
				interflow and exchange between surface impoundments or containment structures
				and groundwater or surface water through an underground corridor or pathway. In
				the context of this Chapter, the purpose of prevention/reduction of hydrologic
				connection is to prevent/reduce groundwater flow contact resulting in the
				transfer of pollutants from an AFO into groundwater or surface
				waters.
(aa) "Intermittent
				Watercourse" means, for the purposes of the Chapter, a watercourse that is
				represented by a dashed blue line on the most recent U.S.G.S. topographic map,
				and that flows only at certain times of the year, receiving water from springs
				or surface sources, and does not flow continuously when water losses from
				evaporation or seepage exceed available stream flow.
(bb) "Land Application" means the removal of
				wastewater and/or waste solids from a control facility and distribution to, or
				incorporation into, the soil mantle at agronomic rates as a fertilizer on
				actively growing crops for disposal purposes which meets or exceeds NRCS
				technical standards and guidelines.
(cc) "Liner" means any barrier in the form of
				a clay soil layer, concrete, synthetic membrane or blanket, that meets or
				exceeds NRCS technical standards and guidelines properly installed to
				effectively prevent a hydrologic connection between liquids contained in
				lagoons, pits, ponds, sumps, and other retention structures to waters of the
				State.
(dd) "Liquid Animal Waste
				Management System" means any system that is used for the collection, storage,
				treatment, handling, transport, distribution or disposal of animal waste in
				liquid form generated by an AFO as determined by NRCS or the
				Department.
(ee) "Maximum Extent
				Practicable" (MEP) means full implementation and regular maintenance of
				available technology to meet or exceed NRCS technical standards and guidelines
				to prevent discharges and ensure protection of groundwater and surface water
				quality, and if necessary, additional full implementation and regular
				maintenance of best available technology (BAT) to meet or exceed CWA and AWPCA
				technical standards and guidelines to the level necessary to prevent discharges
				and to ensure protection of groundwater and surface water quality.
(ff) "NPDES" means the National Pollutant
				Discharge Elimination System permitting system for the control of and discharge
				of pollutants as set forth in
				33 U.S.C. §
										1342 and regulations promulgated pursuant
				thereto, as administered by the Department in the State of Alabama.
(gg) "NRCS" means the Natural Resources
				Conservation Service, an agency within the U.S. Department of
				Agriculture.
(hh) "Ordinary High
				Water Mark" - as determined by U.S. Army Corps of Engineers guidelines [40 CFR,
				No. 144, Part 209.120(d)(2)(ii)(a)] - means with respect to inland surface
				waters the line on the shore established by analysis of all daily high waters.
				It is established as that point on the shore that is inundated 25% of the time,
				and is derived by a flow-duration curve for the particular water body that is
				based on available water stage data. It may also be estimated by erosion or
				easily recognized characteristics such as the line on the shore established by
				the fluctuation of water and indicated by physical characteristics such as a
				clear, natural line impressed on the bank, shelving, changes in the character
				of the soil, destruction of terrestrial vegetation or its inability to grow,
				the presence of vegetative litter and debris, or other appropriate means that
				consider the characteristics of the surrounding areas.
(ii) "Operator" means any person in control
				of, or having responsibility for, the daily operation of an AFO or any person
				who treats and discharges wastewater or in the absence of treatment, the person
				who generates and/or discharges wastewater, sludge, or storm water.
(jj) "OAW" means Outstanding Alabama Water as
				defined in Chapter 335-6-10.
(kk)
				"ONRW" means Outstanding National Resource Water as defined in Chapter
				335-6-10.
(ll) "Park" means an area
				of land owned or controlled by a governmental body through a permanent easement
				that is specifically set aside for public use (e.g. a public cemetery, land set
				aside for public access within a municipality maintained for recreational or
				ornamental purposes, a landscaped city square, a large tract of rural land kept
				in its natural state and reserved for the enjoyment and recreation of public
				visitors, a State or federal wilderness or dedicated monument area, a game
				preserve, a stadium or an enclosed playing field, a monument plaza,
				etc.)
(mm) "Perennial Non-Headwater
				Watercourse" means, for the purposes of this Chapter, that portion of a water
				of the State in a well-defined channel that is represented by a solid blue line
				on the most recent U.S.G.S. topographic map and with a drainage watershed equal
				to or greater than 5.0 square miles (3,200 acres).
(nn) "Person" means any and all persons,
				natural or artificial, including, but not limited to, any individual, partner,
				partnership, association, society, joint stock company, firm, company,
				corporation, institution, trust, other legal entity, business organization or
				any governmental entity and any successor, representative, responsible
				corporate officer, agent or agency of the foregoing.
(oo) "Professional Engineer" (PE) means a
				person who by reason of his special knowledge of the mathematical and physical
				sciences and the principles and methods of engineering analysis and design,
				acquired by professional education and/or practical experience, is qualified to
				practice engineering according to the provisions of
Code of Ala.
				1975
, §§
									34-11-1 through
				34-11-37, as amended, and is
				presently registered by the Board of Registration for Professional Engineers
				and Land Surveyors.
(pp)
				"Professional Geologist" (PG) means a person who by reason of his special
				knowledge of the geological sciences and the principles and methods of geologic
				analysis and investigation, acquired by professional education and/or practical
				experience, is qualified to practice geology according to the provisions of
Code of Ala. 1975
, §§
									34-41-1 through
				34-41-24, as amended, and is
				presently licensed by the Board of Licensure for Professional Geologists. The
				professional practice of geology shall mean the performance of geological
				service or work, including, but not limited to, consultation, geological
				investigation, surveys, evaluations, planning, mapping, or review of geological
				work related to the public practice of geology, or both, in which the
				performance is related to the public welfare or safeguarding of life, health,
				property, and the environment except as otherwise specifically provided or
				allowed by Alabama law.
(qq) "PWS"
				means Public Water Supply as defined in Chapter 335-6-10.
(rr) "Qualified Credentialed Professional"
				(QCP) means any staff member of the Department designated by the Director, a PE
				registered in the State of Alabama, an NRCS representative, an NRCS approved
				professional, or other qualified professional or professional designation
				acceptable to the Department, who can document proven training and experience
				in design, implementation, and inspection of comprehensive animal waste, waste
				product, and dead animal disposal management practices and system plans,
				including land application practices that meet or exceed NRCS technical
				standards and guidelines and the requirements of this Chapter as may be
				demonstrated by state registration, credential, professional certification,
				relevant experience and continuing education, or completion of accredited
				university programs, acceptable to the Department, that enable the individual
				to make sound professional judgments regarding animal waste management
				practices. The registrant or professional should contact the Department with
				any questions or comments regarding designation as a QCP. The QCP must be in
				good standing with the authority granting the registration or designation. The
				QCP must be familiar with current industry standards and be able to certify
				that effective management strategies have been properly implemented and
				regularly maintained according to good engineering practices and the
				requirements of this Chapter. Pursuant to Chapter 335-6-3 a PE registered in
				the State of Alabama must certify the design and construction of structural
				practices such as a Spill Prevention Control and Countermeasures (SPCC) plan
				containment structures, embankments, dams, dikes, berms, ditches, lagoon
				construction, etc. Pursuant to
Code of Ala. 1975
,
				§§
									34-41-1 to
				34-41-24, a PG must perform and
				certify certain geological services or work.
(ss) "Release" means any spilling, leaking,
				emitting, discharging, escaping, leaching or disposing of pollutants from an
				AFO which has the potential to discharge into groundwater or surface
				water.
(tt) "Retention Facility" or
				"Retention Structure" means all collection ditches, conduits and swales for the
				collection of runoff and wastewater, and all basins, ponds, sumps, and lagoons
				used to store and/or treat wastes, wastewaters and manure.
(uu) "Severe Property Damage" means
				substantial physical damage to property, damage to the waste treatment
				facilities which causes them to become inoperable, or substantial and permanent
				loss of natural resources, as defined by the Department, which can reasonably
				be expected to occur in the absence of a bypass. Severe property damage does
				not mean economic loss caused by delays in production.
(vv) "Storm-Water Or Wastewater
				Collection/Drainage System" means piping, pumps, ditches, swales, concrete
				conveyances, conduits, and any other structure or equipment used to collect and
				transport the flow of surface water run-off or wastewater resulting from
				precipitation or other sources, or wastewater to and from retention areas or
				any areas where treatment is designated to occur. The collection of storm water
				and wastewater does not include treatment except where incidental to
				conveyance.
(ww) "Surface
				Impoundment" is a natural topographic depression, man-made excavation, or diked
				area generally formed primarily of compacted earthen materials (although it may
				be lined with man-made materials) designed and constructed to prevent
				discharges to surface water and groundwater.
(xx) "Tank" is a stationary device designed
				to contain an accumulation of animal wastes, fuels, or chemicals, and
				constructed of non-earthen materials (e.g., concrete, steel, plastic) that
				provide structural support.
(yy)
				"Toxic Pollutants" means pollutants and combination of pollutants, including
				disease-causing agents, which after discharge and upon exposure, ingestion,
				inhalation or assimilation into any organisms, either directly from the
				environment or indirectly through food chains, will, on the basis of
				information available to the Department or Director cause death, disease,
				behavioral abnormalities, cancer, genetic mutations, physiological
				malfunctions, including malfunctions in reproduction, or physical deformations,
				in such organisms or their offspring. This shall include but not be limited to
				pollutants listed as toxic pursuant to
				33 U.S.C. §
										1317(a)(1), as
				amended.
(zz) "Trade Secret"
				(pursuant to Rule
				335-6-6-.07) includes but is not
				limited to, any formula, plan, pattern, process, tool, mechanism, compound or
				procedure, as well as production data or compilation of information, financial
				and marketing data, which is not patented, which is known only to certain
				individuals within a commercial concern who are using it to fabricate, produce
				or compound an article of trade or a service having commercial value, and which
				gives its user an opportunity to obtain a business advantage over competitors
				who do not have the information.
(aaa) "25-Year, 24-Hour Rainfall Event" means
				the maximum 24-hour precipitation event with a probable recurrence interval of
				once in 25 years, as defined by the National Weather Service in Technical Paper
				Number 40, Rainfall Frequency Atlas, as amended.
(bbb) "Upset" means an exceptional incident
				in which there is unintentional and temporary noncompliance with technology
				based permit effluent limitations because of factors beyond the reasonable
				control of the permittee. An upset does not include noncompliance to the extent
				caused by operational error, improperly designed treatment facilities,
				inadequate treatment facilities, lack of preventive maintenance, failure to
				fully implement and regularly maintain effective management practices that meet
				or exceed NRCS technical standards and guidelines and Department requirements,
				or careless or improper operation.
(ccc) "Waste" means Agricultural Waste
				including, but not limited to chemicals, sediment, trash, debris, garbage, etc.
				generated at an AFO.
(ddd) "Waste
				Management System Plan" (WMSP) means a comprehensive plan which meets or
				exceeds USDA Natural Resources Conservation Service (NRCS) technical standards
				and guidelines, NRCS Comprehensive Nutrient Management Plan (CNMP) guidelines,
				the requirements of this Chapter, and applicable requirements of the CWA and
				regulations promulgated pursuant thereto, that is prepared by a QCP approved by
				the Department. The plan shall detail management of the entire facility and
				associated areas which includes but is not limited to proper treatment,
				storage, handling, transport, and disposal/utilization of wastes, wastewater,
				wasteproduct, dead or diseased animals, general housekeeping BMPs, nutrient
				management, and land application of wastes. The nutrient management portion of
				the plan shall include an assessment of the land application site; a
				description of the land use, cropping sequence, and management of crops;
				nutrient budget which accounts for nitrogen and phosphorus use; timing of
				applications, buffer requirements, erosion, and runoff control practices; and
				if the site is not owned by the registrant, a signed lease to use the land, a
				detailed bill of sale for the waste, a valid contract with a CAWV, or a signed
				written land use agreement. The site assessment shall include a soil map,
				hydrologic soil group(s), permeability of the upper ten inches of soil, and
				location of streams, sinkholes, and wells. The nutrient budget shall account
				for all available nutrients applied on the site and shall include soil test
				results, sources of nutrients, and application rates. A detailed map of the
				application site showing location of fields, buffer zones, streams, wells,
				sinkholes, and other pertinent information will be part of the plan.
(eee) "Wastewater" means liquid Agricultural
				Waste and any liquid waste or water generated directly or indirectly in the
				operation of an AFO (such as spillage or overflow from animal or poultry
				watering systems; washing, cleaning, or flushing pens, barns, lagoons, manure
				pits, direct contact, swimming, washing, or spray cooling of animals; and dust
				control) and any precipitation (rain or snow) which comes into contact with any
				manure or litter, bedding, or any other raw material or intermediate or final
				material or product used in or resulting from the production of animals or
				poultry or direct products (e.g. milk, eggs).
(fff) "Wastewater Treatment Tank" means a
				tank that is designated to receive and treat an influent wastewater through
				physical, chemical, or biological methods.
(ggg) "Waters Of The State" means "[a]ll
				waters of any river, stream, watercourse, pond, lake, coastal, groundwater or
				surface water, wholly or partially within the State, natural or artificial.
				This does not include waters which are entirely confined and retained
				completely upon the property of a single individual, partnership or corporation
				unless such waters are used in interstate commerce",
Code of Ala.
				1975
, §
									22-22-1(b)(2), as
				amended. Waters "include all navigable waters" as defined in
				33 U.S.C. §
										1362(7), as amended, which
				are within the State of Alabama.
(hhh) "Well" means a hole drilled, dug,
				driven, board, jetted, or otherwise constructed for water production or water
				supply.
Authors:
Richard Hulcher, Steven
				  Jenkins
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.