Ala. Admin. Code r. 335-6-7-.02

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

Section 335-6-7-.02 - Definitions

The following words and terms, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise or unless a different meaning is stated in a definition applicable to only a portion of this Chapter. Unless manifestly inconsistent with this Chapter, other words and phrases used in this Chapter shall have the same meaning as used in Chapters 335-6-3, 335-6-6, 335-6-10, 335-6-11, and the AWPCA.

(a) "AAPCA" means the Alabama Air Pollution Control Act, as amended.

(b) "ADAI" means the Alabama Department of Agriculture and Industries, including the office of the State Veterinarian.

(c) "ADEM" (Department) means the Alabama Department of Environmental Management.

(d) "ADPH" means the Alabama Department of Public Health.

(e) "Agricultural Waste" means animal production by-products including animal waste, wastewater, manure, litter, bedding material, feces, urine, washdown water, dead animals, compost, dead animal compost, or other potential nutrient sources or pollutants generated by operation of an Animal Feeding Operation (AFO).

(f) "Agronomic Rates" means the land application of animal wastes at rates of application which provide the crop or forage growth with needed nutrients for optimum health and growth in accordance with NRCS technical standards and guidelines to ensure the protection of groundwater and surface water quality.

(g) "Ancillary Equipment" means any devices including, but not limited to, such devices as piping, pumps, concrete conveyances, etc. used to distribute, meter, or control the flow of wastes.

(h) "Animal Feeding Operation" (AFO) means a lot or facility (other than an aquatic animal production facility) where animals (does not have to be the same animals) have been, are, or will be stabled, confined, gathered, or concentrated and fed or maintained (watered, cleaned, groomed, medicated, etc.) for a total of 45 days (days do not have to be consecutive) or more in any 12-month period (period does not have to correspond to the calendar year), and the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season as generally described in 40 CFR (Code of Federal Regulations) 122.23(b)(1). Two or more AFOs under common ownership are considered a single AFO and may require Registration as a CAFO if they adjoin, or are in close proximity to each other as determined by the Director or his designee. Unless determined otherwise by the Director or his designee, two or more AFOs under common ownership or under different ownership are considered a single AFO and may require Registration as a CAFO, separately or together, if they are operated as a single operation, if they use a common area or system for the disposal of waste/wastewater, if they significantly share resources, storage or treatments systems, equipment, etc., or otherwise significantly link operations. Each owner/operator of an AFO that adjoins or is in close proximity to another AFO, or shares resources or has links to other operations, can contact the Department for clarification in writing of the status of their facility(s).

(i) "Animal Unit" (AU) means a unit of measurement for any AFO calculated by adding the following numbers: the number of slaughter and feeder cattle and dairy heifers multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing greater than or equal to 55 pounds multiplied by 0.4, plus the number of swine weighing greater than or equal to 15 pounds and less than 55 pounds multiplied by 0.25, plus the number of swine weighing less than 15 pounds multiplied by 0.1, plus the number of goats multiplied by 0.16, plus the number of emus multiplied by 0.16, plus the number of rabbits multiplied by 0.016, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0, and as designated in rule 335-6-7-.10. Where an AU is not specifically defined in this Chapter for an animal (e.g. nutria, other ratites, reptiles, brood cows, etc.), an appropriate AU is determined comparing live weight equivalent waste quantity and constituent composition (limiting nutrients, moisture, additive compounds, etc.) from the most similar type animal with a defined AU.

(j) "Animal Waste Management System" means any system used for the collection, storage, treatment, handling, transport, distribution, land application, or disposal of agricultural wastes, animal waste/wastewater, waste product, and dead animals generated by an AFO that meets or exceeds NRCS technical standards and guidelines.

(k) "AWPCA" means the Alabama Water Pollution Control Act, as amended.

(l) "Best Management Practices" (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other effective management practices that meet or exceed NRCS technical standards and guidelines, NRCS Comprehensive Nutrient Management Plan (CNMP) guidelines, and Departmental requirements that are implemented to the maximum extent practicable to prevent or reduce pollutant discharges to waters of the State. BMPs also include effective treatment requirements, operating procedures, and practices to control construction and operation, site runoff, spillage or leaks, sludge or waste/wastewater transport, storage, disposal or land application, dead animal disposal, or drainage from raw material handling and storage. BMPs also means full implementation and continued maintenance of appropriate structural and non-structural practices and management strategies to prevent and minimize the introduction of pollutants to stormwater and to treat stormwater to remove pollutants to the maximum extent practicable prior to discharge.

(m) "Bypass" means the intentional diversion of waste streams from any portion of a waste treatment facility.

(n) "CWA" means the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1251etseq., as amended.

(o) "Certified Animal Waste Vendor" (CAWV) means any person certified by the Department, or certified by another agency in cooperation with the Department, to accept liability and responsibility for AFO waste, obtain required continuing education, keep required records, and effectively manage, handle, transport, store, and properly land apply AFO waste in a manner that meets or exceeds NRCS technical standards and guidelines, manage animal mortality in a manner that meets or exceeds ADAI requirements, prevents discharges, and ensures protection of groundwater and surface water quality in accordance with the requirements of this Chapter, and the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto. The CAWV is responsible, in cooperation with the AFO owner/operator generating the waste/wastewater or land owner(s) receiving the waste/wastewater, for ensuring the suitability of each site prior to applying waste/wastewater, including but not limited to, proper timing of waste/wastewater application, proper calibration of equipment, ensuring that required waste/wastewater characterization and soil testing have been properly performed, ensuring that required inspections are properly performed, ensuring that required sampling of any discharges are properly performed, and ensuring that the land owner(s) or others receiving the waste/wastewater are informed of the requirements of this Chapter.

(p) "Chronic and Catastrophic Rainfall" means precipitation events which may result in an overflow of the required retention structure as described in 40 CFR Part 412 . Catastrophic rainfall conditions would mean any single event which would equal or exceed the volume of the 25-year, 24-hour storm event. Catastrophic conditions could also include tornadoes, hurricanes or other catastrophic conditions which could cause overflow due to winds or mechanical damage. Chronic rainfall would be that series of wet weather conditions which would not provide opportunity for dewatering and which would equal or exceed the volume of the comparable 25-year, 24-hour storm event.

(q) "Commission" means the Alabama Environmental Management Commission (AEMC).

(r) "Concentrated Animal Feeding Operation" (CAFO) means an animal feeding operation (AFO) as generally described in 40 CFR 122.23 Appendix B, 40 CFR 122.23(c), and defined in Rule 335-6-7-.10. For purposes of this Chapter, an AFO, regardless of size or number of animals, that has experienced a point source discharge after April 1, 1999 is considered to be included in this definition.

(s) "Construction" means any land disturbance associated with or the result of building, excavation, digging, land clearing, grubbing, placement of fill, grading, blasting, reclamation, or other activity which in any way disturbs, changes, or modifies the ground surface, ground profile or topography, or materials stored or processed above ground, including right-of-ways (ROWs) and associated areas, but excluding mining. Construction also means that the owner or operator has begun, or caused to begin as part of a continuous or phased on-site construction program, (1) any placement, assembly, or installation of facilities or equipment; or (2) significant site preparation work including, but not limited to, clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (3) entered into a binding contractual obligation for the purpose of placement, assembly, or installation of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

(t) "Control Facility" means any system used for the retention of all wastes on the premises until their ultimate disposal. This includes the retention of manure, liquid waste, dead animals, and runoff from the feedlot or stable area.

(u) "Department" means the Alabama Department of Environmental Management (ADEM), established by the Alabama Environmental Management Act, Code of Ala. 1975, §§ 22-22A-1 to 22-22A-16.

(v) "Director" means the Director of the Alabama Department of Environmental Management or his authorized representative or designee.

(w) "Discharge" means "[t]he addition, introduction, leaking, spilling or emitting of any sewage, industrial waste, pollutant or other waste into waters of the State", Code of Ala. 1975, § 22-22-1(b)(9), as amended.

(x) "Freeboard" means the minimum elevation of the top of the settled embankment above the maximum design water surface in a lagoon or waste storage pond/sump to provide a margin of safety.

(y) "Groundwater" means water below the land surface in a zone of saturation.

(z) "Hydrologic Connection" means the interflow and exchange between surface impoundments or containment structures and groundwater or surface water through an underground corridor or pathway. In the context of this Chapter, the purpose of prevention/reduction of hydrologic connection is to prevent/reduce groundwater flow contact resulting in the transfer of pollutants from an AFO into groundwater or surface waters.

(aa) "Intermittent Watercourse" means, for the purposes of the Chapter, a watercourse that is represented by a dashed blue line on the most recent U.S.G.S. topographic map, and that flows only at certain times of the year, receiving water from springs or surface sources, and does not flow continuously when water losses from evaporation or seepage exceed available stream flow.

(bb) "Land Application" means the removal of wastewater and/or waste solids from a control facility and distribution to, or incorporation into, the soil mantle at agronomic rates as a fertilizer on actively growing crops for disposal purposes which meets or exceeds NRCS technical standards and guidelines.

(cc) "Liner" means any barrier in the form of a clay soil layer, concrete, synthetic membrane or blanket, that meets or exceeds NRCS technical standards and guidelines properly installed to effectively prevent a hydrologic connection between liquids contained in lagoons, pits, ponds, sumps, and other retention structures to waters of the State.

(dd) "Liquid Animal Waste Management System" means any system that is used for the collection, storage, treatment, handling, transport, distribution or disposal of animal waste in liquid form generated by an AFO as determined by NRCS or the Department.

(ee) "Maximum Extent Practicable" (MEP) means full implementation and regular maintenance of available technology to meet or exceed NRCS technical standards and guidelines to prevent discharges and ensure protection of groundwater and surface water quality, and if necessary, additional full implementation and regular maintenance of best available technology (BAT) to meet or exceed CWA and AWPCA technical standards and guidelines to the level necessary to prevent discharges and to ensure protection of groundwater and surface water quality.

(ff) "NPDES" means the National Pollutant Discharge Elimination System permitting system for the control of and discharge of pollutants as set forth in 33 U.S.C. § 1342 and regulations promulgated pursuant thereto, as administered by the Department in the State of Alabama.

(gg) "NRCS" means the Natural Resources Conservation Service, an agency within the U.S. Department of Agriculture.

(hh) "Ordinary High Water Mark" - as determined by U.S. Army Corps of Engineers guidelines [40 CFR, No. 144, Part 209.120(d)(2)(ii)(a)] - means with respect to inland surface waters the line on the shore established by analysis of all daily high waters. It is established as that point on the shore that is inundated 25% of the time, and is derived by a flow-duration curve for the particular water body that is based on available water stage data. It may also be estimated by erosion or easily recognized characteristics such as the line on the shore established by the fluctuation of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation or its inability to grow, the presence of vegetative litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

(ii) "Operator" means any person in control of, or having responsibility for, the daily operation of an AFO or any person who treats and discharges wastewater or in the absence of treatment, the person who generates and/or discharges wastewater, sludge, or storm water.

(jj) "OAW" means Outstanding Alabama Water as defined in Chapter 335-6-10.

(kk) "ONRW" means Outstanding National Resource Water as defined in Chapter 335-6-10.

(ll) "Park" means an area of land owned or controlled by a governmental body through a permanent easement that is specifically set aside for public use (e.g. a public cemetery, land set aside for public access within a municipality maintained for recreational or ornamental purposes, a landscaped city square, a large tract of rural land kept in its natural state and reserved for the enjoyment and recreation of public visitors, a State or federal wilderness or dedicated monument area, a game preserve, a stadium or an enclosed playing field, a monument plaza, etc.)

(mm) "Perennial Non-Headwater Watercourse" means, for the purposes of this Chapter, that portion of a water of the State in a well-defined channel that is represented by a solid blue line on the most recent U.S.G.S. topographic map and with a drainage watershed equal to or greater than 5.0 square miles (3,200 acres).

(nn) "Person" means any and all persons, natural or artificial, including, but not limited to, any individual, partner, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, other legal entity, business organization or any governmental entity and any successor, representative, responsible corporate officer, agent or agency of the foregoing.

(oo) "Professional Engineer" (PE) means a person who by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and/or practical experience, is qualified to practice engineering according to the provisions of Code of Ala. 1975, §§ 34-11-1 through 34-11-37, as amended, and is presently registered by the Board of Registration for Professional Engineers and Land Surveyors.

(pp) "Professional Geologist" (PG) means a person who by reason of his special knowledge of the geological sciences and the principles and methods of geologic analysis and investigation, acquired by professional education and/or practical experience, is qualified to practice geology according to the provisions of Code of Ala. 1975, §§ 34-41-1 through 34-41-24, as amended, and is presently licensed by the Board of Licensure for Professional Geologists. The professional practice of geology shall mean the performance of geological service or work, including, but not limited to, consultation, geological investigation, surveys, evaluations, planning, mapping, or review of geological work related to the public practice of geology, or both, in which the performance is related to the public welfare or safeguarding of life, health, property, and the environment except as otherwise specifically provided or allowed by Alabama law.

(qq) "PWS" means Public Water Supply as defined in Chapter 335-6-10.

(rr) "Qualified Credentialed Professional" (QCP) means any staff member of the Department designated by the Director, a PE registered in the State of Alabama, an NRCS representative, an NRCS approved professional, or other qualified professional or professional designation acceptable to the Department, who can document proven training and experience in design, implementation, and inspection of comprehensive animal waste, waste product, and dead animal disposal management practices and system plans, including land application practices that meet or exceed NRCS technical standards and guidelines and the requirements of this Chapter as may be demonstrated by state registration, credential, professional certification, relevant experience and continuing education, or completion of accredited university programs, acceptable to the Department, that enable the individual to make sound professional judgments regarding animal waste management practices. The registrant or professional should contact the Department with any questions or comments regarding designation as a QCP. The QCP must be in good standing with the authority granting the registration or designation. The QCP must be familiar with current industry standards and be able to certify that effective management strategies have been properly implemented and regularly maintained according to good engineering practices and the requirements of this Chapter. Pursuant to Chapter 335-6-3 a PE registered in the State of Alabama must certify the design and construction of structural practices such as a Spill Prevention Control and Countermeasures (SPCC) plan containment structures, embankments, dams, dikes, berms, ditches, lagoon construction, etc. Pursuant to Code of Ala. 1975, §§ 34-41-1 to 34-41-24, a PG must perform and certify certain geological services or work.

(ss) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of pollutants from an AFO which has the potential to discharge into groundwater or surface water.

(tt) "Retention Facility" or "Retention Structure" means all collection ditches, conduits and swales for the collection of runoff and wastewater, and all basins, ponds, sumps, and lagoons used to store and/or treat wastes, wastewaters and manure.

(uu) "Severe Property Damage" means substantial physical damage to property, damage to the waste treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources, as defined by the Department, which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(vv) "Storm-Water Or Wastewater Collection/Drainage System" means piping, pumps, ditches, swales, concrete conveyances, conduits, and any other structure or equipment used to collect and transport the flow of surface water run-off or wastewater resulting from precipitation or other sources, or wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

(ww) "Surface Impoundment" is a natural topographic depression, man-made excavation, or diked area generally formed primarily of compacted earthen materials (although it may be lined with man-made materials) designed and constructed to prevent discharges to surface water and groundwater.

(xx) "Tank" is a stationary device designed to contain an accumulation of animal wastes, fuels, or chemicals, and constructed of non-earthen materials (e.g., concrete, steel, plastic) that provide structural support.

(yy) "Toxic Pollutants" means pollutants and combination of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organisms, either directly from the environment or indirectly through food chains, will, on the basis of information available to the Department or Director cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in such organisms or their offspring. This shall include but not be limited to pollutants listed as toxic pursuant to 33 U.S.C. § 1317(a)(1), as amended.

(zz) "Trade Secret" (pursuant to Rule 335-6-6-.07) includes but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound or procedure, as well as production data or compilation of information, financial and marketing data, which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not have the information.

(aaa) "25-Year, 24-Hour Rainfall Event" means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper Number 40, Rainfall Frequency Atlas, as amended.

(bbb) "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, failure to fully implement and regularly maintain effective management practices that meet or exceed NRCS technical standards and guidelines and Department requirements, or careless or improper operation.

(ccc) "Waste" means Agricultural Waste including, but not limited to chemicals, sediment, trash, debris, garbage, etc. generated at an AFO.

(ddd) "Waste Management System Plan" (WMSP) means a comprehensive plan which meets or exceeds USDA Natural Resources Conservation Service (NRCS) technical standards and guidelines, NRCS Comprehensive Nutrient Management Plan (CNMP) guidelines, the requirements of this Chapter, and applicable requirements of the CWA and regulations promulgated pursuant thereto, that is prepared by a QCP approved by the Department. The plan shall detail management of the entire facility and associated areas which includes but is not limited to proper treatment, storage, handling, transport, and disposal/utilization of wastes, wastewater, wasteproduct, dead or diseased animals, general housekeeping BMPs, nutrient management, and land application of wastes. The nutrient management portion of the plan shall include an assessment of the land application site; a description of the land use, cropping sequence, and management of crops; nutrient budget which accounts for nitrogen and phosphorus use; timing of applications, buffer requirements, erosion, and runoff control practices; and if the site is not owned by the registrant, a signed lease to use the land, a detailed bill of sale for the waste, a valid contract with a CAWV, or a signed written land use agreement. The site assessment shall include a soil map, hydrologic soil group(s), permeability of the upper ten inches of soil, and location of streams, sinkholes, and wells. The nutrient budget shall account for all available nutrients applied on the site and shall include soil test results, sources of nutrients, and application rates. A detailed map of the application site showing location of fields, buffer zones, streams, wells, sinkholes, and other pertinent information will be part of the plan.

(eee) "Wastewater" means liquid Agricultural Waste and any liquid waste or water generated directly or indirectly in the operation of an AFO (such as spillage or overflow from animal or poultry watering systems; washing, cleaning, or flushing pens, barns, lagoons, manure pits, direct contact, swimming, washing, or spray cooling of animals; and dust control) and any precipitation (rain or snow) which comes into contact with any manure or litter, bedding, or any other raw material or intermediate or final material or product used in or resulting from the production of animals or poultry or direct products (e.g. milk, eggs).

(fff) "Wastewater Treatment Tank" means a tank that is designated to receive and treat an influent wastewater through physical, chemical, or biological methods.

(ggg) "Waters Of The State" means "[a]ll waters of any river, stream, watercourse, pond, lake, coastal, groundwater or surface water, wholly or partially within the State, natural or artificial. This does not include waters which are entirely confined and retained completely upon the property of a single individual, partnership or corporation unless such waters are used in interstate commerce", Code of Ala. 1975, § 22-22-1(b)(2), as amended. Waters "include all navigable waters" as defined in 33 U.S.C. § 1362(7), as amended, which are within the State of Alabama.

(hhh) "Well" means a hole drilled, dug, driven, board, jetted, or otherwise constructed for water production or water supply.

Authors: Richard Hulcher, Steven Jenkins

Ala. Admin. Code r. 335-6-7-.02

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.