Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.202 - Npdes Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Existing AFOs not holding an NPDES permit.
AFOs in existence
				prior to April 14, 2003, that were defined as CAFOs under rules that were in
				effect prior to April 14, 2003, but that have not obtained a permit, should
				have applied for an NPDES permit by April 14, 2003. AFOs in existence on April
				14, 2003, that were not defined as CAFOs under rules that were in effect prior
				to April 14, 2003, shall apply for an NPDES permit no later than July 31,
				2007.
(2)
Expansion or
				modification of existing AFOs.
A person intending to expand or modify
				an existing AFO that, upon completion of the expansion or modification, will be
				defined as a CAFO and if the operation discharges pollutants to waters of the
				United States shall apply for an NPDES permit at least 90 days prior to the
				scheduled expansion or modification. Operation of the expanded portion of the
				facility shall not begin until an NPDES permit has been issued.
(3)
New AFOs.
A person
				intending to construct a new AFO after July 22, 1987, or resuming a
				discontinued operation after 24 months or more, upon resumption or completion,
				will be defined as a CAFO and if the operation discharges pollutants to waters
				of the United States shall apply for an NPDES permit at least 180 days prior to
				the date operation of the animal feeding facility is scheduled. Operation of
				the facility shall not begin until an NPDES permit has been issued.
(4)
Permits required as a result of
				departmental designation.
An AFO that is required to apply for an
				NPDES permit as a result of departmental designation (in accordance with the
				provisions of rule 567-65.201 (455B,459A)) shall
				apply for an NPDES permit within 90 days of receiving written notification of
				the need to obtain a permit. Once application has been made, the AFO is
				authorized to continue to operate without a permit until the application has
				either been approved or disapproved by the department, provided that the owner
				or operator has submitted all requested information and promptly taken all
				steps necessary to obtain coverage.
(5)
Application forms and
				requirements.
An application for an NPDES permit shall be made on a
				form provided by the department. The application shall be complete and shall
				contain information required by the department. Applications shall include an
				NMP as required in rule
				567-65.209 (455B,459A).
				Applications involving AT systems shall include results of predictive computer
				modeling as required by subrule 65.207(6). The application shall be signed and
				certified by the person who is legally responsible for the AFO and its
				associated manure or process wastewater control system.
(6)
Compliance schedule.
When necessary to comply with a standard that must be met at a future date, an
				NPDES permit shall include a schedule for modification of the permitted
				facility to meet the standard. The schedule shall not relieve the permittee of
				the duty to obtain a construction permit pursuant to rule
				567-65.203(455B,459A).
(7)
Permit conditions.
NPDES permits shall contain conditions
				required by 40 CFR
				122.41, monitoring conditions required by
				40 CFR
				122.48, and conditions considered necessary
				by the department to ensure compliance with all applicable rules of the
				department; to ensure that the production area and land application areas are
				operated and maintained as required by Iowa law; to protect the public health
				and beneficial uses of waters of the United States; and to prevent water
				pollution from manure storage or application operations. Any more stringent
				conditions of Iowa Code chapter 459A, subrule 62.4(12), and this chapter that
				apply to AFOs shall govern. For CAFOs that maintain cattle, swine, or poultry,
				the following applicable conditions shall be included:
a.
NMP.
Open feedlot CAFOs
				shall comply with the requirements of rule
				567-65.209 (455B,459A) and any
				additional NMP requirements for CAFOs in these rules. CAFOs that seek to obtain
				coverage under an NPDES permit shall have an NMP developed and implemented upon
				the date of permit coverage.
b.
Inspections and recordkeeping.
(1) Visual inspections. Routine visual
				inspections of the CAFO production area must be conducted, and at a minimum,
				the following must be included:
1. Weekly
				inspections of all storm water diversion, runoff diversion structures, and
				devices channeling contaminated storm water to the open feedlot operation
				structure.
2. Daily inspection of
				water lines, including drinking water or cooling water lines.
(2) Corrective actions. Any
				deficiencies found as a result of the inspections required in subparagraph
				65.202(7)
"b"
(1) or as a result of the liquid level reporting
				required in paragraph 65.202(7)
"e"
must be corrected as soon
				as possible.
(3) The following
				records must be maintained on site for a period of five years from the date
				they are created and must be made available to the department upon request:
1. Records documenting the inspections
				required in subparagraph 65.202(7)
"b"
(1).
2. Records of weekly liquid level
				observations as required in paragraph 65.202(7)
"e."
3. Records documenting any actions taken to
				correct deficiencies as required in subparagraph
				65.202(7)
"b"
(2).
c.
Transfer of manure, process
				wastewater, settled open feedlot effluent, settleable solids, or open feedlot
				effluent.
Prior to transferring manure, process wastewater, settled
				open feedlot effluent, settleable solids or open feedlot effluent to other
				persons, a CAFO must provide the recipient of the manure, process wastewater,
				settled open feedlot effluent, settleable solids or open feedlot effluent with
				the most current nutrient analysis. A CAFO must retain for five years records
				of the date, recipient name and address, nutrient analysis and approximate
				amount of manure, process wastewater, settled open feedlot effluent, settleable
				solids or open feedlot effluent transferred to another person.
d.
Minimum monitoring requirements
				for AT systems.
Monitoring is required for the entire operational life
				of the AT system. The department may reduce or revise monitoring requirements
				after the first five years of system operation. During the first five years of
				operation of an AT system, the following minimum monitoring will be required:
(1) Discharge monitoring. An effluent
				collection point must be established at the outlet of the AT system, and the
				flow volume recorded and an effluent sample collected on each day a discharge
				from the AT system occurs. Discharge samples must be submitted to a certified
				laboratory and analyzed for: total Kjeldahl N, NH4 N, total P, COD, total
				suspended solids, and chloride.
(2)
				Discharge monitoring-tile lines. If the AT system includes a perforated tile
				system installed under any VTA berms to enhance infiltration within the VTA,
				water samples shall be collected from a sampling point located downgradient of
				the VTA on each individual tile line or combination of tile lines on the
				following schedule: one sample shall be taken from each sampling point in March
				or April of each year when the tile system is flowing and the level of flow in
				the tile system recorded at the time of sampling. If there is no discharge from
				the tile line at a time that meets these requirements, documentation on
				appropriate department forms can be substituted for the sample and analysis.
				Collected samples shall be submitted to a certified laboratory and analyzed for
				Ortho-phosphate as P.
(3)
				Groundwater monitoring. A minimum of two groundwater monitoring wells or
				piezometers (one upgradient and one downgradient) must be established at each
				AT system. Additional wells or piezometers may be required if the department
				determines they are necessary to adequately assess the impacts the AT system is
				having on groundwater. Samples must be collected from these wells in March or
				April of each year and analyzed for NH4 N, NO3 N, Ortho phosphate as P, and
				chloride.
(4) Soil sampling. Both
				shallow and deep soil sampling is required in the VTAs of an AT system.
1. Shallow soil sampling shall be conducted
				prior to initial discharge of open feedlot effluent into the AT system and
				repeated annually. Within the VTA, a minimum of three sampling locations shall
				be established at the entrance to each VTA to be sampled. The three sampling
				locations shall be spread evenly across the entrances to adequately monitor the
				effluent application onto the VTAs. Samples shall be collected in the spring.
				Each sample shall be taken to a depth of six inches and analyzed for pH and P
				using the Mehlich-3 method.
2. Deep
				soil sampling shall be conducted prior to initial discharge of open feedlot
				effluent into the AT system and repeated every five years prior to the
				submission of an application for an NPDES permit renewal. A minimum of two
				sampling sites shall be established within each VTA to be sampled, one located
				where runoff enters the VTA, generally the same location as the shallow soil
				sampling location, and one where runoff is discharged from the VTA. Soil
				samples shall be taken from these sites to a depth of four feet, with separate
				samples taken to represent the 0 to 6-inch depth, the 6- to 12-inch depth, and
				in one-foot increments thereafter. All samples shall be analyzed for NO3 N, NH4
				N, pH, and P by the Mehlich-3 method.
If the length of effluent flow through the VTA exceeds 400
				  feet, an additional soil sample representing the zero to six-inch depth should
				  be taken for each additional 200 feet of VTA length. Samples shall be analyzed
				  for NO3 N, NH4 N, pH, and P by the Mehlich-3 method.
e.
Quarterly
				reporting requirements for large CAFOs with outside liquid
				impoundments.
A permittee with outside liquid impoundments must submit
				quarterly reports by April 10, July 10, October 10, and January 10, following
				the respective calendar quarters; documenting daily precipitation; weekly
				impoundment liquid levels; volume of liquid removed from the impoundments; and
				the date, time, duration, and estimated volume of any overflow. Liquid levels
				must be obtained by observing a depth marker that clearly indicates the minimum
				capacity necessary to contain the runoff and direct precipitation of the
				25-year, 24-hour precipitation event.
f.
Annual reporting requirements for
				all CAFOs with systems other than AT systems.
Permittees with systems
				other than an AT system must submit an annual report to the department by
				January 10 of the following year. The annual report must include:
(1) The number and type of animals in the
				open feedlot operation;
(2)
				Estimated amount of manure, process wastewater, settled open feedlot effluent,
				settleable solids, or open feedlot effluent generated by the CAFO in the
				previous 12 months (tons/gallons);
(3) Estimated amount of total manure
				transferred to other persons by the CAFO in the previous 12 months
				(tons/gallons);
(4) Total number of
				acres for land application covered by the NMP and the total number of acres
				under control of the CAFO that were used for land application of manure in the
				previous 12 months;
(5) Summary of
				all manure, process wastewater, settled open feedlot effluent, settleable
				solids, or open feedlot effluent discharges from the production area that have
				occurred in the previous 12 months, including date, time, and approximate
				volume;
(6) A statement indicating
				whether the current version of the CAFO's NMP was developed or approved by a
				certified nutrient management planner;
(7) Actual crops planted and actual yield for
				the preceding 12 months; and
(8)
				Results of all samples of manure, litter and process wastewater for nitrogen
				and phosphorus content for manure, litter and process wastewater that was
				land-applied.
g.
Quarterly reporting requirements for CAFOs with AT systems.
A
				permittee with an AT system must submit quarterly reports by April 10, July 10,
				October 10, and January 10, following the respective calendar quarters. The
				quarterly reports shall provide all of the following information:
(1) Daily precipitation.
(2) Dates on which manure, process
				wastewater, settled open feedlot effluent, open feedlot effluent, or settleable
				solids were removed from the production area and estimated amounts of manure,
				process wastewater, settled open feedlot effluent, settleable solids, or open
				feedlot effluent removed (tons/gallons).
(3) Dates on which discharges from the
				production area or the AT system occurred and the estimated duration and volume
				of discharge on each discharge date.
(4) Results of laboratory analyses of
				discharge samples for each date a discharge from the production area or the AT
				system occurred. If the results of laboratory analyses are not available by the
				due date of the quarterly report, the results shall be provided with the
				following quarter's report.
h.
Annual reporting requirements for
				CAFOs with AT systems.
A permittee shall submit an annual report by
				January 10 of the following year. The annual report must include all of the
				following:
(1) The number and type of animals
				in the open feedlot operation.
(2)
				Estimated amount of total manure, process wastewater, settled open feedlot
				effluent, settleable solids, or open feedlot effluent generated by the CAFO in
				the previous 12 months (tons/gallons).
(3) Estimated amount of total manure, process
				wastewater, settled open feedlot effluent, settleable solids, or open feedlot
				effluent transferred to other persons by the CAFO in the previous 12 months
				(tons/gallons).
(4) Total number of
				acres for land application covered by the NMP and the total number of acres
				under control of the CAFO that were used for land application of manure,
				process wastewater, settled open feedlot effluent, settleable solids, or open
				feedlot effluent in the previous 12 months.
(5) Summary of all manure, process
				wastewater, settled open feedlot effluent, settleable solids, or open feedlot
				effluent discharges from the production area or AT system that have occurred in
				the previous 12 months, including date, time, and approximate volume.
(6) Harvest dates and estimated amounts of
				forage removed from the AT system during the previous 12 months.
(7) Results of soil and groundwater
				monitoring well sampling within the AT system during the previous 12
				months.
(8) A statement indicating
				whether the current version of the CAFO's NMP was developed or approved by a
				certified nutrient management planner.