Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 20 - Clean Water Commission › Chapter 6 - Permits › Section 10 CSR 20-6.300 - Concentrated Animal Feeding Operations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements and
				  procedures for operating permits for concentrated animal feeding operations.
				  Minimum federal requirements are incorporated, and additional state
				  requirements are included to provide increased environmental protection of
				  sensitive watersheds.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Definitions.
(A) Definitions as set forth in 10 CSR
				20-2.010 and 10 CSR 20-8.300 shall apply to the terms when used in this rule
				unless otherwise defined in subsection (B) below.
(B) Other applicable definitions are
				incorporated as follows:
1. Animal-Domestic
				animals, fowls, or other types of livestock except for aquatic
				animals;
2. Animal unit-A unit of
				measurement to compare various animal types at an animal feeding operation. One
				(1) animal unit equals the following: 1.0 beef cow or feeder, cow/calf pair,
				veal calf, or dairy heifer; 0.5 horse; 0.7 mature dairy cow; 2.5 swine weighing
				over 55 pounds; 10 swine weighing less than 55 pounds; 10 sheep, lamb, or meat
				and dairy goats; 30 chicken laying hens or broilers with a wet handling system;
				82 chicken laying hens without a wet handling system; 55 turkeys in grow-out
				phase; 125 chicken broilers, chicken pullets, or turkey poults in brood phase
				without a wet handling system;
3.
				Animal unit equivalent-Any unique animal type, not listed, that has a similar
				manure characteristic as one (1) of the listed animal unit categories. The
				department shall make the determination of an animal unit equivalent based upon
				manure characteristics that include manure volume and nutrient
				concentration;
4. Animal feeding
				operation (AFO)-A lot, building, or complex at an operating location where
				animals are stabled or confined and fed or maintained for a total of forty-five
				(45) days or more in any twelve-(12-) month period, and crops, vegetation,
				forage growth, or post-harvest residues cannot be sustained over at least fifty
				percent (50%) of the animal confinement area within the normal crop growing
				season;
5. Catastrophic storm
				event-A precipitation event of twenty-four- (24-) hour duration that exceeds
				the twenty-five- (25-) year, twenty-four- (24-) hour storm event as defined by
				the most recent publication of the National Weather Service Climate
				Atlas;
6. Chronic weather event-The
				chronic weather event will be based upon an evaluation of the ten (10) year
				return rainfall frequency over a ten- (10-) day, ninety- (90-) day, one hundred
				eighty- (180-) day, and three hundred sixty-five- (365-) day operating period.
				It is preferred the University of Missouri's Missouri Climate Center will
				determine, within a reasonable time frame, when a chronic weather event is
				occurring for any given county in the state;
7. Class I and Class II operation-An AFO or
				CAFO's class size is based on the operating level in animal units of an
				individual animal type at one (1) operating location. Once a CAFO becomes a
				Class I operation, the animal units of all confined animals at the operating
				location are summed to determine whether the operation is Class IA, IB, or IC.
				Operations that are smaller than the Class II category are considered
				unclassified. The class categories, sorted by animal type, are presented in the
				following chart:
8. Concentrated
				animal feeding operation (CAFO)-An AFO that meets one (1) of the following
				criteria:
A. Class I operation;
B. Class II operation where either one (1) of
				the following conditions are met:
(I)
				Pollutants are discharged into waters of the state through a manmade ditch,
				flush system, or other similar man-made device; or
(II) Pollutants are discharged directly into
				waters of the state which originate outside of and pass over, across, or
				through the production area or otherwise come into contact with the animals
				confined in the operation; or C. An unclassified operation that is designated
				as a CAFO in accordance with subsection (2)(D) of this rule;
9. Critical
				watersheds-defined as the following:
A.
				Watersheds for public drinking water lakes (L1 lakes defined in 10 CSR 20-7.031
				and identified in Table G);
B.
				Watersheds located upstream away from the dam from all drinking water intake
				structures on lakes including the watershed of Table Rock Lake;
C. Areas in the watershed and within five (5)
				miles upstream of any stream or river drinking water intake structure, other
				than those intake structures on the Missouri and Mississippi Rivers; and
D. Watersheds of the Current
				(headwaters to Northern Ripley County Line), Eleven Point (headwaters to Hwy.
				142), and Jacks Fork (headwaters to mouth) Rivers;
10. Discharge-A CAFO is said to discharge
				when it is designed, constructed, operated, or maintained such that a discharge
				of process waste to surface waters of the state will occur. A CAFO that
				discharges could include one (1) that continuously discharges process
				wastewater to surface waters of the state, as well as one that may only have an
				intermittent and sporadic discharge. Discharges of agricultural storm water is
				a non-point source and therefore not included within this definition;
11. Dry process waste-A process waste mixture
				which may include manure, litter, or compost (including bedding, compost,
				mortality by-products, or other raw materials which is commingled with manure)
				and has less than seventy-five percent (75%) moisture content and does not
				contain any free draining liquids;
12. Flush system-Any animal waste moving or
				removing system utilizing the force of periodic liquid flushing as the primary
				mechanism for removing manure from animal containment buildings, as opposed to
				a primarily mechanical or automatic device. This definition does not include
				confinement buildings that utilize deep or shallow under-floor pits with pull
				plug devices;
13. Land application
				area-Agricultural land which is under the operational control of the CAFO owner
				or operator, whether it is owned, rented, or leased, to which manure, litter,
				or process wastewater from the production area is or may be applied;
14. Multi-year phosphorus application-
				Phosphorus applied to a field in excess of the crop needs for that year. When
				multi-year phosphorus applications are followed, no additional manure, litter,
				or process wastewa-ter is applied to the same land in subsequent years until
				the applied phosphorus has been removed from the field via harvest and crop
				removal or until subsequent soil testing allows for nitrogen-based
				rates;
15. No-discharge operation-A
				CAFO is considered no-discharge if the operation is designed, constructed,
				operated, and maintained in a manner such that the CAFO will not discharge to
				waters of the state. A discharge of agricultural storm water is a non-point
				source and therefore not included within this definition;
16. Occupied residence-A residential dwelling
				which is inhabited at least fifty percent (50%) of the year;
17. Operating location-For purposes of
				determining CAFO classification, an operating location includes all contiguous
				lands owned, operated, or controlled by one (1) person or by two (2) or more
				persons jointly or as tenants in common or noncontiguous lands if they use a
				common area for the land application of wastes. State and county roads are not
				considered property boundaries for purposes of this rule. Two (2) or more
				animal feeding operations under a common ownership are considered to be a
				single animal feeding operation if they adjoin each other or if they use a
				common area for the land application of wastes;
18. Overflow-The discharge of process
				wastewater resulting from the filling of wastewater or manure storage
				structures beyond the point at which no more manure, process wastewater, or
				stormwater can be contained by the structure;
19. Process wastewater-Water which carries or
				contains manure, including manure commingled with litter, compost, or other
				animal production waste materials used in the operation of the CAFO. Also
				includes water directly or indirectly used in the operation of the CAFO for any
				or all of the following: spillage or overflow from confined animal or poultry
				watering systems; washing, cleaning, or flushing pens, barns, manure pits, or
				other CAFO facilities; and water resulting from the washing, or spray cooling
				of confined animals. Process wastewater also includes any water which comes
				into contact with any raw materials, products, or by-products feed, milk, eggs,
				or bedding;
20. Production area-The
				non-vegetated portions of an operation where manure, litter, or process
				wastewater from the AFO is generated, stored, and/or managed. The production
				area includes the animal confinement area, the manure storage area, the raw
				materials storage area, and the waste containment areas. The animal confinement
				area includes, but is not limited to, open lots, housed lots, feedlots,
				confinement houses, stall barns, free stall barns, milkrooms, milking centers,
				cowyards, barnyards, medication pens, walkers, animal walkways, and stables.
				The manure storage area includes, but is not limited to, lagoons, runoff ponds,
				storage sheds, stockpiles, under house or pit storages, liquid impoundments,
				static piles, and composting piles. The raw materials storage area includes,
				but is not limited to, feed and silage, silos, pads, and bunkers, and bedding
				materials. The waste containment area includes, but is not limited to, settling
				basins and areas within berms and diversions which separate uncontaminated
				storm water. Also included in the definition of production area is any egg
				washing or egg processing operation and any area used in the storage,
				treatment, or disposal of animal mortalities;
21. Public building-A building open to and
				used routinely by the public for public purposes;
22. Vegetated buffer-A narrow, permanent
				strip of dense perennial vegetation established parallel to the contours of and
				perpendicular to the dominant slope of the field for the purposes of slowing
				water runoff, enhancing water infiltration, and minimizing the risk of any
				potential nutrients or pollutants from leaving the field and reaching surface
				waters;
23. Waste management
				system- Includes all structures and equipment, used to collect, store,
				transfer, or treat manure, litter, and/or process waste water. A waste
				management system will be considered in operation when animals are placed in
				confinement; and
24. Wet handling
				system-Wet handling system is the handling of process wastewater that contains
				more than seventy five percent (75%) moisture content or has free draining
				liquids. A wet handling system includes, but is not limited to, lagoons, pits,
				tanks, all gravity outfall lines, recycle pump stations, recycle force mains,
				and appurtenances.