Ala. Admin. Code r. 335-6-7-.26

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

Section 335-6-7-.26 - Land Application And Manure Management Requirements

(1) The WMSP, prepared by the QCP with the NOR prior to construction and operation of a new CAFO, prior to construction and operation of additional facilities at an existing CAFO, as required to continue operation of an existing CAFO, or as otherwise required by the Director or his designee, are incorporated into the requirements of this Chapter by reference. All provisions of the WMSP accepted by the Department become enforceable conditions of this Chapter. Only areas identified in the approved WMSP shall be used for the disposal of animal liquid wastes, manure, litter, and mortality compost, and shall be located to prevent any pollutant from such materials from entering waters of the State to the maximum extent practicable. Unless waste disposal and land application responsibilities are contracted in writing to a valid CAWV, all new sites not identified in the approved WMSP at the time of registration under this Chapter must be accepted by the Department prior to its use as a land application site.

(2) Unless alternate practice(s) or buffer distances are approved in writing by the Director or his designee, in order to ensure the protection of water quality, all AFOs shall ensure that:

(a) Land application of waste/wastewater shall be conducted in accordance with NRCS technical standards and guidelines, the approved WMSP, the requirements of this Chapter, the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto.

(b) Any application of waste/wastewater shall be conducted in such a manner so as to prevent to the maximum extent practicable discharges of pollutants to groundwater or surface waters of the State.

(c) Application of waste/wastewater shall be conducted in a manner that meets or exceeds NRCS technical standards and guidelines, the approved WMSP, the requirements of this Chapter, the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto, and is protective of water quality, but in no case shall be made within 50 feet of surface waters of the State including, but not limited to, perennial or intermittent streams, ponds, lakes, springs, or sinkholes; or within 100 feet of non-potable water wells and water supplies, or within 200 feet of PWS, ONRW or OAW classified/designated waters, or potable water wells and water supplies. Buffer distances for streams, ponds and lakes shall be measured from the ordinary high water mark. Buffer distances in excess of 50, 100, or 200 feet may be required according to site specific conditions or according to NRCS guidelines. The Department may require additional buffer distances deemed necessary to protect waters of the State on an individual facility basis.

(d) Unless responsibility for wastes are properly assumed by a CAWV, the owner/operator shall ensure that the land owner of any offsite land application site not owned or controlled by the registrant, abides by the applicable requirements of this Chapter.

(e) The owner/operator shall ensure that appropriate waste handling equipment is available and used for effective operation of the application system.

(f) Storage/treatment of manure or wastewater in the 100-year flood plain is prohibited unless storage/treatment structure is constructed, maintained, and effectively protected in a manner that meets or exceeds NRCS technical standards and guidelines to prevent inundation, damage for that flood event, or discharge to waters of the State. The land application of AFO wastes at agronomic rates shall not be considered surface disposal in this case and is not prohibited if applied in a manner that meets or exceeds NRCS technical standards and guidelines, the approved WMSP, the requirements of this Chapter, the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto.

(g) Effective management practices to protect water quality and minimized odors to the maximum extend practicable that meet or exceed NRCS technical standards and guidelines must be implemented and maintained for all manure/waste storage areas. Any runoff from manure storage piles must be retained on site and not discharged to groundwater or surface waters of the State.

(h) Temporary or permanent stockpiling or storage of waste/manure near watercourses or waters of the State during land application operations shall be done in a manner that meets or exceeds NRCS technical standards and guidelines and that will prevent discharge to a water of the State and minimize odors to the maximum extent practicable.

(i) Dead and diseased animals shall be managed and disposed of in accordance with NRCS technical standards and guidelines and as approved by the State Veterinarian, ADAI. Dead and diseased animal management and disposal shall be addressed in any WMSP submitted with an NOR, and as approved by the Department.

(j) Waste/wastewater shall be evenly distributed over application sites according to the approved nutrient management plan and according to NRCS technical standards and guidelines.

(k) Land application of waste/wastewater shall not be undertaken or continue when soil is saturated as defined in NRCS technical standards and guidelines, frozen, covered with ice or snow, during precipitation, or when significant precipitation as defined in NRCS technical standards and guidelines is reasonably expected within the next 72 hours. Waste/wastewater shall be applied in accordance with NRCS technical standards and guidelines and the WMSP. Waste/wastewater shall only be applied on days of the year and during times consistent with NRCS technical standards and guidelines and the WMSP. Land application shall be conducted when vegetation on the site is actively growing or waste/wastewater can be applied to land up to 30 days prior to planting a crop (row or forage). If applied to conventional tillage (farm tillage practices which result in complete surface disturbance and/or soil inversion or minimal surface residues) cropland or to pasture or hay land being renovated or established, the waste/wastewater shall be incorporated immediately after application. Waste/wastewater does not have to be incorporated when applied to conservation tillage (farm tillage practices which manage and maintain plant residues on the soil surface) crop, hay, or pastureland.

(l) Waste/wastewater shall not be applied on slopes with a steep grade as defined by NRCS technical standards and guidelines and in any manner that will allow waste/wastewater to enter drainage conveyance structures, enter waters of the State or to run onto adjacent property without the written consent of the affected adjacent property owner. Effective vegetative filters that meet or exceed NRCS technical standards and guidelines and the requirements of this Chapter shall be maintained between application sites and waters of the State.

(m) Surface and subsurface (plowing, injection into topsoil, etc.) application of waste/wastewater shall be done in a manner that meets or exceeds NRCS technical standards and guidelines to ensure the protection of groundwater and surface water quality in nearby streams including, but not limited to, perennial streams, intermittent streams, ponds, lakes, springs, sinkholes, rock outcrops, wells and water supplies, wetlands, or PWS, ONRW, and OAW classified/designated waters.

(n) Application of waste/wastewater near property lines shall be done in a manner to minimize odors to the maximum extent practicable, effectively control waste/wastewater application to prevent overland flow and significant aerial drift, from crossing any property line. Application of waste/wastewater near public roads shall be done in a manner that protects vehicles and the general public, effectively prevents application of waste/wastewater on the road, effectively prevents waste/wastewater from entering roadside drainage conveyance structures, and meets or exceeds NRCS technical standards and guidelines.

(o) After April 1, 1999, application of waste near property lines or neighboring occupied buildings shall be done in a manner that meets or exceeds NRCS technical standards and guidelines, but in no case shall be closer than 100 feet from the nearest existing occupied dwelling, church, school, hospital, or park.

(p) Aerial or spray irrigation, or other type pumped or pressurized surface land application of wastewater shall be done in a manner that meets or exceeds NRCS technical standards and guidelines, but in no case shall be closer than 500 feet from the nearest existing occupied dwelling, church, school, hospital, or park. Non-pumped surface application, or soil subsurface injection/application or wastewater shall be done in a manner that meets or exceeds NRCS technical standards and guidelines, but in no case shall be closer than 200 feet from the nearest existing occupied dwelling, church, school, hospital, or park.

(q) The restrictions regarding property lines or neighboring buildings shall not apply if the adjoining property is also approved as a land application site under this Chapter and if the adjoining property owner consents in writing. Buffer distances in excess of 100, 150, or 500 feet may be required according to site specific conditions or according to NRCS guidelines. The Department may require additional buffer distances deemed necessary to protect waters of the State on an individual facility basis.

(r) Application of waste/wastewater shall not be made in areas where such land application is prohibited by the Department for the protection of public water supplies, groundwater and surface water quality, or Alabama Department of Public Health Rules for the protection of human health and welfare.

(s) Land application practices shall be managed so as to minimize to the maximum extent practicable ponding or puddling of wastewater on the site and the occurrence of nuisance conditions such as odors and flies.

(t) Facilities, including, but not limited to, ponds/sumps, lagoons, pipes, ditches, pumps, diversion and irrigation equipment, and other equipment shall be maintained to ensure ability to fully comply with the terms and conditions of this Chapter and the pollution prevention plan.

(3) Unless responsibility for wastes is properly assumed by a CAWV in writing, or the owner/operator properly sells or gives away in good faith the waste to another person, AFO owners/operators shall keep complete records of all surface and subsurface application of waste and wastewater. A detailed log shall be kept of all surface and subsurface applied waste/wastewater, which will include the date, weight and/or volume, and destination and acreage over which the load was spread. All records and logs shall be kept at the facility and provided to the Department upon request. These records shall be kept in sufficient detail to determine application rates. If the waste is sold or given away in good faith, the owner/operator shall retain detailed, complete records of the transaction and provide the receiver of the waste information explaining the requirements of this Chapter. Unless responsibility for wastes is properly assumed by a CAWV in writing, to the extent allowed by law, the owner/operator shall remain responsible for the proper disposition of the waste.

(4) The rate of land application of waste/wastewater can be based on either a laboratory analysis of a representative waste/wastewater sample or on the average nutrient values according to NRCS technical standards and guidelines for the type waste and animal operation. If NRCS approved average nutrient/component values for the appropriate animal type are used, a representative sample of waste and/or wastewater to be land applied need only be collected as often as is determined necessary by the QCP to ensure consistency with NRCS approved average nutrient/component values. Unless NRCS approved average nutrient/component values are used, a representative sample of waste and/or wastewater to be land applied shall be collected periodically, but at least annually, and analyzed using an analytical methodology accepted by the Department for the following parameters:

(a) pH.

(b) Total Nitrogen.

(c) Ammonium Nitrogen.

(d) Total Phosphorus.

(e) Total Potassium.

(f) Percent Solids.

(g) Selected metals (e.g. zinc, copper, arsenic, etc.) which could become concentrated in animal wastes and in some cases are added to the animal feed producing the waste being tested.

(h) Any parameter(s) as may be required by the Director or his designee.

(5) The surface soils (0-3 inches in sod crops and depth of plow layer in cultivated crops) of each field where waste/wastewater has been or will be land applied shall be sampled according to accepted standard soil sampling procedures. Soils shall be evaluated and analyzed using analytical methodology appropriate for the soils and nutrients to be tested as outlined in:

(a)Soil Test Methods for the Southern Region of the United States, 1983, Southern Cooperative Service Bulletin, 289, University of Georgia, Athens, Georgia, or

1.Reference Soil and Media Diagnostic Procedures for the Southern Region of the United States, 1992, S.J. Donahue (ed.), Southern Cooperative Service Bulletin 374, Virginia Polytechnic Institute and State University, Blacksburg, Virginia, or

2.Soil Test Fertilizer Recommendations For Alabama Crops, 1994, J.F. Adams, C.C. Mitchell, and H.H. Bryant, Agronomy And Soils Department Series No. 178 (as amended), Auburn University, Alabama, or

3. Other analytical methodology(s) as may be approved by the Director or his designee.

(b) Soil samples shall be collected and analyzed at a frequency that meets NRCS technical standards and guidelines, and as often as is necessary to ensure protection of groundwater and surface water quality. Analyses shall include:

1. Soil pH and lime requirement for the soil and crop to be grown.

2. Extractable phosphorus.

3. Extractable zinc, copper, arsenic, and other selected metals, if it is determined by the QCP that it is probable that one or more metals (which could become concentrated in animal wastes and in some cases are added to the animal feed producing the waste being tested) are present in sufficiently high concentrations in the land applied waste or wastewater, or naturally present in the soil, that further soil accumulation could become toxic to plants or animals or potentially impact groundwater or surface water quality.

4. Any parameter(s) as may be required by the Director or his designee.

(6) The Department may require more frequent testing deemed necessary to protect waters of the State.

(7) Methods and timing of sampling and analysis described in this Chapter shall be in a manner that meets or exceeds NRCS technical standards and guidelines.

(8) Annual reports for the previous year shall be submitted on forms approved by the Department with submittal of the NOR for continued coverage and must include the following:

(a) Any waste/wastewater analyses conducted;

(b) Any soils analyses conducted;

(c) Locations, volumes, and nutrient application rates for the previous year;

(d) Methods of land application;

(e) Types and uses of crops or vegetation grown on each land application site and plans/procedures for protective storage and/or removal of harvested crops or vegetation from the field;

(f) Documentation of any point source or nonpoint source discharges resulting from improper land application, spills, bypasses, etc., including actions taken by the owner/operator to correct any deficiencies as required by this Chapter.

Authors: Richard Hulcher, Steven Jenkins

Ala. Admin. Code r. 335-6-7-.26

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.