Ala. Admin. Code r. 335-6-7-.10
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-7-.10 - Registration Requirements For Concentrated Animal Feeding Operations (CAFOs)(1) After April 1, 1999, no new CAFO shall be constructed or commence operation unless the owner/operator has first submitted a complete and correct Notice of Registration (NOR) to the Department or other governmental agency acceptable to the Department, and the Registration has been approved by the Department.(2) After September 30, 1999, no CAFO existing after April 1, 1999 shall continue operation unless the owner/operator has first submitted a complete and correct NOR to the Department or other governmental agency acceptable to the Department.(3) After April 1, 1999, no existing AFO shall expand or modify operations such that the AFO would become a defined CAFO or would be designated as a CAFO, and no existing CAFO shall expand or modify operations, unless the owner/operator has first submitted a complete and correct NOR to the Department or other governmental agency acceptable to the Department, and the Registration has been approved by the Department.(4) For purposes of this Chapter, a CAFO is an AFO which is subject to the NPDES permitting requirements of 40 CFR 122.23 and as generally described by EPA's Guide Manual On NPDES Regulations For Concentrated Animal Feeding Operations (CAFOs) (December 1995), as amended, meeting any of the following criteria: (a) An AFO with more than the following number(s) and type(s) of animals: 1. 1,000 slaughter or feeder cattle,2. 700 mature dairy cattle (whether milked or dry cows),3. 2,500 swine each weighing equal to or greater than 25 kilograms (approximately 55 pounds),4. 4,000 swine each weighing equal to or greater than 7 kilograms and less than 25 kilograms (approximately between 15 pounds and 55 pounds),5. 10,000 swine each weighing less than 7 kilograms (approximately 15 pounds or less),8. 10,000 sheep or lambs,10. 125,000 laying hens, broilers, or other poultry,14. 1,000 animal units of any other type/size animal as generally described in 40 CFR 122, Appendix B, or as determined by the Director; or(b) An AFO with more than the following number(s) and type(s) of animals and where there is a point source or nonpoint source discharge or a point source or nonpoint source discharge has occurred after April 1, 1999, of pollutants into groundwater or surface waters of the State through a man-made ditch, flushing system, other similar man-made devices, or improper handling, storage, transport, distribution, or land application of wastes: 1. 300 slaughter or feeder cattle,2. 200 mature dairy cattle (whether milked or dry cows),3. 750 swine each weighing equal to or greater than 25 kilograms (approximately 55 pounds),4. 1,200 swine each weighing equal to or greater than 7 kilograms and less than 25 kilograms (approximately between 15 pounds and 55 pounds),5. 3,000 swine each weighing less than 7 kilograms (approximately 15 pounds or less),10. 37,500 laying hens, broilers, or other poultry, 1,875 emus,14. 300 animal units of any other type/size animal as generally described in 40 CFR 122, Appendix B, or as determined by the Director.(c) As determined necessary by the Director, a new or existing AFO, 100 animal units or larger, which is located in a localized watershed or defined stream segment that has been formally designated by the Director and publicly noticed by the Department as a priority, threatened, or water quality limited/impaired watershed due to documented, monitored pollutant concentrations which may be caused by or contributed to by actual or potential point or nonpoint source discharges from an AFO. The AFO shall remain registered until termination of the Registration is approved by the Director or his designee.(d) An AFO of any size which has been designated by the Director following an on-site inspection by Department representatives as a significant contributor or potential significant contributor of pollution, or has caused or contributed to a violation of an applicable Water Quality Standard. An AFO that fails to fully implement and regularly maintain effective BMPs after notification from the Department shall be considered a significant contributor, shall be considered to have discharged pursuant to Rule 335-6-7-.10(4)(e), and shall be subject to enforcement action by the Department.(e) An active AFO or inactive AFO that has not been properly closed according to the requirements of this Chapter of any size which has experienced or experiences a discharge to groundwater or surface water of the State by lack of proper management, abandonment, negligence, by design, or for any other reason not authorized by this Chapter at any time after April 1, 1999.(f) An AFO of any size which has experienced a discharge to groundwater or surface water of the State due to bypass or upset conditions as defined in Rule 335-6-7-.32(3) or (4), which has not fully implemented and regularly maintained a WMSP and associated land application plan which meets or exceeds NRCS technical standards and guidelines at any time after April 1, 1999 or did not notify the Department of an unpermitted discharge or the bypass or upset discharge as required by this Chapter or the AWPCA at any time after April 1, 1999.(g) At any time after April 1, 1999, an AFO of any size with a liquid waste management system which has not fully implemented and regularly maintained a WMSP and associated land application plan which meets or exceeds NRCS technical standards and guidelines, as certified by NRCS personnel or a PE at the time of installation or as a result of a post-construction comprehensive inspection/evaluation. Unless determined otherwise by the Director or his designee, a facility is considered to have a liquid waste management system if liquid storage or treatment is used (flushing systems, lagoons, waste storage ponds, sumps, tanks, etc.), or if the waste is defined as liquid, slurry, or semi-solid according to American Society of Agricultural Engineers (ASAE) Standard S292.4, Section 2, Part 2.74, as amended.(5) Animal units (AUs) for animals not specifically listed in this Chapter (e.g. nutria, other ratites, reptiles, brood cows, etc.), shall be determined on an individual basis by the Director or his designee considering the quantity and chemical characteristics of the waste using as a comparison listed animals that are similar.(6) Unless approved by the Director or his designee in writing, a CAFO that discharges all of its stormwater runoff and wastewater to a sanitary sewer system which discharges to a water of the State in accordance with a valid NPDES or State Indirect Discharge (SID) permit is not eligible to obtain registration coverage under this Chapter.(7) An owner/operator of an AFO that is not defined by Rule as a CAFO or is not designated as a CAFO by the Director, that has registered may request termination of Registration at any time from the Department. Voluntary Registration by an AFO that is not defined by Rule as a CAFO or is not designated as a CAFO by the Director is not considered to be a CAFO after approval of the voluntary registration termination provided the AFO owner/operator continues to comply with all applicable requirements of this Chapter. The request shall be in a form acceptable to the Department. Authors: Richard Hulcher, Steven Jenkins
Ala. Admin. Code r. 335-6-7-.10
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; 22-22A-1 to 22-22A-16etseq., as amended.