Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 192 - VIRGINIA POLLUTION ABATEMENT (VPA) REGULATION AND GENERAL PERMIT FOR ANIMAL FEEDING OPERATIONS AND ANIMAL WASTE MANAGEMENT › Section 9VAC25-192-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The words and terms used in this chapter shall have the
				  meanings defined in the State Water Control Law (§ 62.1-44.2 et seq. of
				  the Code of Virginia) and the Permit Regulation (9VAC25-32) unless the context
				  clearly indicates otherwise, except that for the purposes of this
				  chapter:
"Agricultural stormwater discharge" means a
				  precipitation-related discharge of manure, litter, or process wastewater that
				  has been applied on land areas under the control of an animal feeding operation
				  or under the control of an animal waste end-user in accordance with a nutrient
				  management plan approved by the Virginia Department of Conservation and
				  Recreation and in accordance with site specific nutrient management practices
				  that ensure appropriate agricultural utilization of the nutrients in the
				  manure, litter or process wastewater.
"Animal feeding operation" means a lot or facility where the
				  following conditions are met:
1.
				Animals have been, are, or will be stabled or confined and fed or maintained
				for a total of 45 days or more in any 12-month period; and
2. Crops, vegetation, forage growth or
				post-harvest residues are not sustained in the normal growing season over any
				portion of the operation of the lot or facility.
Two or more animal feeding operations under common ownership
				  are a single animal feeding operation for the purposes of determining the
				  number of animals at an operation, if they adjoin each other, or if they use a
				  common area or system for the disposal of wastes.
"Animal waste" means liquid, semi-solid, and solid animal
				  manure and process wastewater, compost, or sludges associated with animal
				  feeding operations including the final treated wastes generated by a digester
				  or other manure treatment technologies.
"Animal waste end-user" or "end-user" means any recipient of
				  transferred animal waste who stores or who utilizes the waste as fertilizer,
				  fuel, feedstock, livestock feed, or other beneficial use for an operation under
				  his control.
"Animal waste fact sheet" means the document that details the
				  requirements regarding utilization, storage, and management of animal waste by
				  end-users. The fact sheet is approved by the department.
"Beneficial use" means a use that is of benefit as a
				  substitute for natural or commercial products and does not contribute to
				  adverse effects on health or environment.
"Board" means the State Water Control Board. When used
				  outside the context of the promulgation of regulations, including regulations
				  to establish general permits, "board" means the Department of Environmental
				  Quality.
"Confined animal feeding operation," for the purposes of this
				  regulation, has the same meaning as an "animal feeding operation."
"Department" means the Department of Environmental
				  Quality.
"Director" means the Director of the Virginia Department of
				  Environmental Quality or his designee.
"Nutrient management plan" or "NMP" means a plan developed or
				  approved by the Department of Conservation and Recreation that requires proper
				  storage, treatment, and management of animal waste and limits accumulation of
				  excess nutrients in soils and leaching or discharge of nutrients into state
				  waters; except that for an animal waste end-user who is not covered under the
				  general permit, the requirements of
				  9VAC25-192-90
				  constitute the NMP.
"Organic source" means any nutrient source including, but not
				  limited to, manures, biosolids, compost, and waste or sludges from animals,
				  humans, or industrial processes, but for the purposes of this regulation it
				  excludes waste from wildlife.
"Waste nutrient analysis rate" means a land application rate
				  for animal waste approved by the board as specified in this regulation.
"Waste storage facility" means
(i) a waste holding pond or tank used to
				store manure prior to land application, (ii) a lagoon or treatment facility
				used to digest or reduce the solids or nutrients, or (iii) a structure used to
				store manure or waste.
"Vegetated buffer" means a 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.
"300 animal units" means 300,000 pounds of live animal
				  weight, or the following numbers and types of animals:
a. 300 slaughter and feeder cattle;
b. 200 mature dairy cattle (whether milked or
				dry cows);
c. 750 swine each
				weighing over 25 kilograms (approximately 55 pounds);
d. 150 horses;
e. 3,000 sheep or lambs;
f. 16,500 turkeys;
g. 30,000 laying hens or broilers.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia.