Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 630 - VIRGINIA POLLUTION ABATEMENT REGULATION AND GENERAL PERMIT FOR POULTRY WASTE MANAGEMENT › Section 9VAC25-630-10 - 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 storm water 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 a poultry waste end-user or poultry waste broker 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 (other
				  than an aquatic animal production facility) where both of the following
				  conditions are met:
1. Animals (other
				than aquatic 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 purpose 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.
"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.
"Commercial poultry processor" or "processor" means any
				  animal food manufacturer, as defined in § 3.2-5400 of the Code of
				  Virginia, that contracts with poultry growers for the raising of
				  poultry.
"Confined animal feeding operation," for the purposes of this
				  regulation, has the same meaning as an "animal feeding operation."
"Confined poultry feeding operation" means any confined
				  animal feeding operation with 200 or more animal units of poultry. This equates
				  to 20,000 chickens or 11,000 turkeys, regardless of animal age or sex.
"Department" means the Virginia Department of Environmental
				  Quality.
"Director" means the Director of the Virginia Department of
				  Environmental Quality or the director's designee.
"Fact sheet" means the document prepared by the department
				  that summarizes the requirements set forth in this chapter regarding
				  utilization, storage, and management of poultry waste by poultry waste
				  end-users and poultry waste brokers.
"General permit" means
				  9VAC25-630-50.
"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 poultry waste, including dry litter, and
				  limits accumulation of excess nutrients in soils and leaching or discharge of
				  nutrients into state waters; except that for a poultry waste end-user or
				  poultry waste broker who is not subject to the general permit, the requirements
				  of
				  9VAC25-630-80
				  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.
"Permittee" means the poultry grower, poultry waste end-user,
				  or poultry waste broker whose poultry waste management activities are covered
				  under the general permit.
"Poultry grower" or "grower" means any person who owns or
				  operates a confined poultry feeding operation.
"Poultry waste" means dry poultry litter and composted dead
				  poultry.
"Poultry waste broker" or "broker" means a person who
				  possesses or controls poultry waste that is not generated on an animal feeding
				  operation under his operational control and who transfers or hauls poultry
				  waste to other persons. If the entity is defined as a broker they cannot be
				  defined as a hauler for the purposes of this regulation.
"Poultry waste end-user" or "end-user" means any recipient of
				  transferred poultry waste who stores or who utilizes the waste as fertilizer,
				  fuel, feedstock, livestock feed, or other beneficial end use for an operation
				  under his control.
"Poultry waste hauler" or "hauler" means a person who
				  provides transportation of transferred poultry waste from one entity to
				  another, and is not otherwise involved in the transfer or transaction of the
				  waste, nor responsible for determining the recipient of the waste. The
				  responsibility of the recordkeeping and reporting remains with the entities to
				  which the service was provided: grower, broker, and end-user.
"Seasonal high water table" means that portion of the soil
				  profile where a color change has occurred in the soil as a result of saturated
				  soil conditions or where soil concretions have formed. Typical colors are gray
				  mottlings, solid gray, or black. The depth in the soil at which these
				  conditions first occur is termed the seasonal high water table.
"Standard rate" means a land application rate for poultry
				  waste approved by the board as specified in this regulation.
"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.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.17:1.1 of the Code of Virginia.