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-.26 - Land Application And Manure Management Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The WMSP,
				prepared by the QCP with the NOR prior to construction and operation of a new
				CAFO, prior to construction and operation of additional facilities at an
				existing CAFO, as required to continue operation of an existing CAFO, or as
				otherwise required by the Director or his designee, are incorporated into the
				requirements of this Chapter by reference. All provisions of the WMSP accepted
				by the Department become enforceable conditions of this Chapter. Only areas
				identified in the approved WMSP shall be used for the disposal of animal liquid
				wastes, manure, litter, and mortality compost, and shall be located to prevent
				any pollutant from such materials from entering waters of the State to the
				maximum extent practicable. Unless waste disposal and land application
				responsibilities are contracted in writing to a valid CAWV, all new sites not
				identified in the approved WMSP at the time of registration under this Chapter
				must be accepted by the Department prior to its use as a land application
				site.
(2) Unless alternate
				practice(s) or buffer distances are approved in writing by the Director or his
				designee, in order to ensure the protection of water quality, all AFOs shall
				ensure that:
(a) Land application of
				waste/wastewater shall be conducted in accordance with NRCS technical standards
				and guidelines, the approved WMSP, the requirements of this Chapter, the
				requirements of the AWPCA, CWA, and regulations promulgated pursuant
				thereto.
(b) Any application of
				waste/wastewater shall be conducted in such a manner so as to prevent to the
				maximum extent practicable discharges of pollutants to groundwater or surface
				waters of the State.
(c)
				Application of waste/wastewater shall be conducted in a manner that meets or
				exceeds NRCS technical standards and guidelines, the approved WMSP, the
				requirements of this Chapter, the requirements of the AWPCA, CWA, and
				regulations promulgated pursuant thereto, and is protective of water quality,
				but in no case shall be made within 50 feet of surface waters of the State
				including, but not limited to, perennial or intermittent streams, ponds, lakes,
				springs, or sinkholes; or within 100 feet of non-potable water wells and water
				supplies, or within 200 feet of PWS, ONRW or OAW classified/designated waters,
				or potable water 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 50, 100, or 200 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.
(d)
				Unless responsibility for wastes are properly assumed by a CAWV, the
				owner/operator shall ensure that the land owner of any offsite land application
				site not owned or controlled by the registrant, abides by the applicable
				requirements of this Chapter.
(e)
				The owner/operator shall ensure that appropriate waste handling equipment is
				available and used for effective operation of the application system.
(f) Storage/treatment of manure or wastewater
				in the 100-year flood plain is prohibited unless storage/treatment structure is
				constructed, maintained, and effectively protected in a manner that meets or
				exceeds NRCS technical standards and guidelines to prevent inundation, damage
				for that flood event, or discharge to waters of the State. The land application
				of AFO wastes at agronomic rates shall not be considered surface disposal in
				this case and is not prohibited if applied in a manner that meets or exceeds
				NRCS technical standards and guidelines, the approved WMSP, the requirements of
				this Chapter, the requirements of the AWPCA, CWA, and regulations promulgated
				pursuant thereto.
(g) Effective
				management practices to protect water quality and minimized odors to the
				maximum extend practicable that meet or exceed NRCS technical standards and
				guidelines must be implemented and maintained for all manure/waste storage
				areas. Any runoff from manure storage piles must be retained on site and not
				discharged to groundwater or surface waters of the State.
(h) Temporary or permanent stockpiling or
				storage of waste/manure near watercourses or waters of the State during land
				application operations shall be done in a manner that meets or exceeds NRCS
				technical standards and guidelines and that will prevent discharge to a water
				of the State and minimize odors to the maximum extent practicable.
(i) Dead and diseased animals shall be
				managed and disposed of in accordance with NRCS technical standards and
				guidelines and as approved by the State Veterinarian, ADAI. Dead and diseased
				animal management and disposal shall be addressed in any WMSP submitted with an
				NOR, and as approved by the Department.
(j) Waste/wastewater shall be evenly
				distributed over application sites according to the approved nutrient
				management plan and according to NRCS technical standards and
				guidelines.
(k) Land application of
				waste/wastewater shall not be undertaken or continue when soil is saturated as
				defined in NRCS technical standards and guidelines, frozen, covered with ice or
				snow, during precipitation, or when significant precipitation as defined in
				NRCS technical standards and guidelines is reasonably expected within the next
				72 hours. Waste/wastewater shall be applied in accordance with NRCS technical
				standards and guidelines and the WMSP. Waste/wastewater shall only be applied
				on days of the year and during times consistent with NRCS technical standards
				and guidelines and the WMSP. Land application shall be conducted when
				vegetation on the site is actively growing or waste/wastewater can be applied
				to land up to 30 days prior to planting a crop (row or forage). If applied to
				conventional tillage (farm tillage practices which result in complete surface
				disturbance and/or soil inversion or minimal surface residues) cropland or to
				pasture or hay land being renovated or established, the waste/wastewater shall
				be incorporated immediately after application. Waste/wastewater does not have
				to be incorporated when applied to conservation tillage (farm tillage practices
				which manage and maintain plant residues on the soil surface) crop, hay, or
				pastureland.
(l) Waste/wastewater
				shall not be applied on slopes with a steep grade as defined by NRCS technical
				standards and guidelines and in any manner that will allow waste/wastewater to
				enter drainage conveyance structures, enter waters of the State or to run onto
				adjacent property without the written consent of the affected adjacent property
				owner. Effective vegetative filters that meet or exceed NRCS technical
				standards and guidelines and the requirements of this Chapter shall be
				maintained between application sites and waters of the State.
(m) Surface and subsurface (plowing,
				injection into topsoil, etc.) application of waste/wastewater shall be done in
				a manner that meets or exceeds NRCS technical standards and guidelines to
				ensure the protection of groundwater and surface water quality in nearby
				streams including, but not limited to, perennial streams, intermittent streams,
				ponds, lakes, springs, sinkholes, rock outcrops, wells and water supplies,
				wetlands, or PWS, ONRW, and OAW classified/designated waters.
(n) Application of waste/wastewater near
				property lines shall be done in a manner to minimize odors to the maximum
				extent practicable, effectively control waste/wastewater application to prevent
				overland flow and significant aerial drift, from crossing any property line.
				Application of waste/wastewater near public roads shall be done in a manner
				that protects vehicles and the general public, effectively prevents application
				of waste/wastewater on the road, effectively prevents waste/wastewater from
				entering roadside drainage conveyance structures, and meets or exceeds NRCS
				technical standards and guidelines.
(o) After April 1, 1999, application of waste
				near property lines or neighboring occupied buildings shall be done in a manner
				that meets or exceeds NRCS technical standards and guidelines, but in no case
				shall be closer than 100 feet from the nearest existing occupied dwelling,
				church, school, hospital, or park.
(p) Aerial or spray irrigation, or other type
				pumped or pressurized surface land application of wastewater shall be done in a
				manner that meets or exceeds NRCS technical standards and guidelines, but in no
				case shall be closer than 500 feet from the nearest existing occupied dwelling,
				church, school, hospital, or park. Non-pumped surface application, or soil
				subsurface injection/application or wastewater shall be done in a manner that
				meets or exceeds NRCS technical standards and guidelines, but in no case shall
				be closer than 200 feet from the nearest existing occupied dwelling, church,
				school, hospital, or park.
(q) The
				restrictions regarding property lines or neighboring buildings shall not apply
				if the adjoining property is also approved as a land application site under
				this Chapter and if the adjoining property owner consents in writing. Buffer
				distances in excess of 100, 150, or 500 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.
(r)
				Application of waste/wastewater shall not be made in areas where such land
				application is prohibited by the Department for the protection of public water
				supplies, groundwater and surface water quality, or Alabama Department of
				Public Health Rules for the protection of human health and welfare.
(s) Land application practices shall be
				managed so as to minimize to the maximum extent practicable ponding or puddling
				of wastewater on the site and the occurrence of nuisance conditions such as
				odors and flies.
(t) Facilities,
				including, but not limited to, ponds/sumps, lagoons, pipes, ditches, pumps,
				diversion and irrigation equipment, and other equipment shall be maintained to
				ensure ability to fully comply with the terms and conditions of this Chapter
				and the pollution prevention plan.