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-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of
				this Chapter is for the Department, with input from the agricultural community,
				the environmental community, interested governmental resource agencies, and
				other stakeholders, to establish the minimum qualifications, standards and
				procedures, technical standards, construction and operation requirements, best
				management practices (BMPs), and waste/wastewater storage, treatment, handling,
				transport, disposal/land application, and dead animal disposal requirements for
				owners/operators of AFOs to protect water quality within the State as mandated
				by applicable State and federal law, and pursuant to the requirements of the
				National Pollutant Discharge Elimination System (NPDES).
(2) The Department intends to partner with
				the Natural Resources Conservation Service (NRCS), Alabama Soil and Water
				Conservation Committee (ASWCC), Auburn University College of Agriculture,
				Alabama Cooperative Extension System (ACES), Alabama Department of Public
				Health (ADPH), Alabama Department of Agriculture and Industries (ADAI), and
				other interested resource agencies to the extent possible through establishment
				of a formal Memorandum of Agreement (MOA) that describes joint administrative
				procedures and technical standards necessary to implement the requirements of
				this Chapter and draw on the strengths of each resource agency to avoid
				duplication, conflicting regulatory requirements, or conflicting technical
				standards. Any MOA, guidance documents, forms, or other information will be
				incorporated into and updated as appropriate in the Alabama Nonpoint Source
				Management Program document, as amended.
(3) The Department's goal is to minimize
				administrative requirements while promoting and encouraging voluntary good
				stewardship in a continuing effort to implement an effective management program
				tailored to the needs of Alabama. This Chapter provides for management,
				operational and maintenance procedures required by all AFO owners/operators to
				prevent point source pollution and minimize nonpoint source pollution to
				groundwater and surface waters of the State and control to the degree
				practicable the generation of offensive odors and breeding of nuisance pests by
				AFOs, and further provides for preparation and implementation of an approved,
				comprehensive Waste Management System Plan (WMSP) and registration by all CAFO
				owners/operators.
(4) The buffer
				requirements set forth in this Chapter are intended to protect water quality,
				protect public health, and minimize odor to the maximum extent practicable. It
				is recognized that the generation of odor is inherent to animal agriculture. In
				order to minimize odor and nuisance pests, owner/operators are encouraged to
				adopt a good neighbor policy, and are required to implement odor and nuisance
				pest minimization BMPs in the operation of animal waste management
				systems.
(5) Unless approved
				otherwise by the Director or specifically provided for otherwise in this
				Chapter, it is intended that all BMP design, implementation, and maintenance,
				pollution prevention/control, land application, buffers, waste storage,
				treatment, handling, transport, and disposal, dead animal disposal, facility
				construction, facility operation, facility management, and facility closure for
				AFOs shall meet or exceed the criteria of NRCS technical standards and
				guidelines and shall evaluate and implement as appropriate NRCS planning
				considerations and recommendations, and in such a manner to ensure protection
				of water quality. The Director retains final authority regarding disputes of a
				technical nature, prohibiting implementation of accepted practices which may
				not be protective of water quality in some situations, or for implementation of
				management practices not included in NRCS technical standards and guidelines,
				and as otherwise provided by law.
(6) Buffers, operation, management,
				monitoring, record keeping, continuing education, implementation of NRCS
				technical standards and guidelines, and other management practices required by
				this Chapter are intended and established as regulatory common sense minimum
				requirements within the Department's statutory authority to ensure protection
				of the environment. It is anticipated that additional efforts to be good
				neighbors, enhance the farming operation, or assist resource agencies will be
				implemented voluntarily by many AFO owners/operators.
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.