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-.28 - Pollution Prevention

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Pollution Prevention Plans (PPP) are required to be developed and implemented
				by CAFO facilities in accordance with the EPA Storm Water Rules promulgated on
				November 19, 1990(FR 48062) and subsequent EPA Rule requirements. The
				requirements for a PPP shall be considered to be met by a facility that has
				been properly designed, constructed, and is operated and maintained under terms
				of this Chapter. Copies of all documentation signed by a CAFO owner/operator
				submitted to the Department by the registrant, including but not limited to
				WMSPs, construction plans and specifications, Notice of Registration for
				coverage under this Chapter, and any other required documents requested by the
				Department shall be kept at the facility and will constitute the equivalent of
				a PPP.
(2) If not included in the
				documents addressed above, the PPP and any additional information regarding
				requirements shall be prepared and certified by a QCP and signed by a CAFO
				owner/operator and retained on site for review by Department representatives
				and shall include implementation of and compliance with the following:
(a) Written provisions for weekly
				inspection/evaluation of all waste management system practices, structural
				controls, and daily inspection/evaluation of each land application site during
				land application, and when precipitation has occurred within 7 days since the
				last application. Records shall include the dates for each
				inspection/evaluation, a log of the findings and action taken as a result of
				such inspection/evaluation, and shall be signed by the person(s) performing the
				inspection/evaluation.
(b) Written
				provisions for annual inspection by a QCP of all waste management system
				facilities, structural controls, and each land application site where
				wastes/wastewater have been applied in the previous year. Records shall include
				dates for each inspection, a log of the findings and action taken as a result
				of such inspections, and shall be signed by the person(s) performing the
				inspection/evaluation.
(c) Initial
				written documentation of inspection by a PE registered in the State of Alabama
				or a QCP under the direct supervision of the PE, and certification by the PE
				that all new and existing embankments, dams, dikes, ditches, or berms
				associated with lagoons or waste storage ponds/sumps or other structural
				controls identified by the Director or his designee have been constructed in
				accordance with accepted engineering practices and in such a manner that meets
				or exceeds NRCS technical standards and guidelines. Records shall include dates
				for each inspection, a log of the findings and any action taken as a result of
				such inspections, and shall be signed by the person(s) performing the
				inspection/evaluation.
(d) Written
				provisions for inspection by a PE registered in the State of Alabama or a QCP
				under the direct supervision of the PE, and certification/evaluation by the PE
				at least once every five years that all embankments, dams, dikes, ditches, or
				berms associated with lagoons or waste storage ponds/sumps or other structural
				controls identified by the Director or his designee have been maintained in
				accordance with accepted engineering practices and in such a manner that meets
				or exceeds NRCS technical standards and guidelines. Records shall include dates
				for each inspection, a log of the findings and action taken as a result of such
				inspections, and shall be signed by the person(s) performing the
				inspection/evaluation.
(e) A
				schedule and procedures for lagoon or waste storage pond/sump dewatering must
				be retained at the facility. A date log indicating weekly inspections of the
				wastewater level in any lagoon or waste storage pond/sump shall be maintained,
				and shall be signed by the person(s) performing the inspection/evaluation.
				Owners/operators using ponds/sumps or lagoons for storage and treatment of
				storm water, manure and process generated wastewater, including flush water
				waste systems, shall maintain in their retention facility sufficient storage
				volume to contain all dry/wet waste and wastewater, to contain contaminated
				stormwater runoff from a 25-year, 24-hour event, to contain uncontaminated
				stormwater (that cannot be separated/segregated from contaminated runoff) from
				a 25-year, 24-hour storm event, and to maintain an additional 12 inch freeboard
				safety margin. The owner/operator shall restore storage volume for retention of
				all waste/wastewater, contaminated runoff from the 25-year, 24-hour event, and
				non segregated, uncontaminated runoff from the 25-year, 24-hour event as soon
				as possible after any rainfall event or accumulation of wastes or process
				generated wastewater which reduces such storage volume, weather permitting.
				Equipment capable of dewatering the wastewater lagoon or storage pond/sump
				shall be available whenever needed to restore the required operating storage
				volume and freeboard.
(f) A
				permanent marker (measuring device), visible from the top of the embankment,
				shall be maintained in the retention structure to show the volume/water levels
				for normal operation of the retention structure according to the approved
				animal waste system management plan for containing all dry/wet waste and
				wastewater, for containing contaminated stormwater resulting from runoff
				generated by a 25-year, 24-hour storm event, for containing uncontaminated
				stormwater (that cannot be separated/segregated from contaminated runoff)
				resulting from runoff generated by a 25-year, 24-hour storm event, and show the
				additional 12 inches of safety margin freeboard within the containment
				ponds/sumps or lagoon.
(g) Where a
				liner is installed in a retention structure in accordance with the requirements
				of this Chapter, the owner/operator shall maintain the liner to prevent
				hydrologic connection to groundwater or surface waters. Provisions must be
				implemented to prevent damage from grazing animals through the use of fences or
				other protective devices. No trees shall be allowed to grow on or near the
				structure within the potential distance of the root zone. Any mechanical or
				erosive structural damage to the liner should be immediately evaluated by an
				NRCS representative or PE, or appropriate QCP, but in no case later than 3 days
				after the damage, or an alternate schedule approved by the Department. All
				documentation on inspection and maintenance of the liner shall be kept at the
				facility.
(h) The owner/operator
				shall keep records and ensure that storage and land application of animal
				liquid wastes, manure, or mortality compost shall not cause a discharge of
				pollutants to waters of the State, unless responsibility for ensuring proper
				management and preventing discharge(s) of any waste is properly assumed in
				writing by a CAWV. Except as provided by Rule
				335-6-7-.32(3) and
				(4), discharge (runoff) of waste from the
				land application site is prohibited.
(i) When animal liquid wastes, manure, or
				mortality compost is sold or given away to persons other than a CAWV, the
				owner/operator must maintain a log of:
1.
				Date of removal from the facility.
2. Temporary storage areas.
3. Name, address, and phone number of
				hauler/transporter.
4. Amount, in
				wet tons, cubic yards, or gallons of waste removed from the facility.
				(Incidental or de minimus amounts, as determined by the Director or his
				designee, need not be logged).
(j) Where waste is to be land applied by the
				hauler/transporter, the owner/operator must provide to the hauler/transporter
				any available nutrient analyses or the NRCS approved average nutrient value of
				the waste from that year.
Author:
Richard Hulcher