Ala. Admin. Code r. 335-6-7-.01

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-7-.01 - Purpose

(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

Ala. Admin. Code r. 335-6-7-.01

Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed October 26, 2000; effective November 30, 2000.

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-16etseq., as amended.