Ala. Admin. Code r. 335-6-7-.28
Current through Register Vol. 42, No. 11, August 30, 2024
Section 335-6-7-.28 - Pollution Prevention(1) Pollution Prevention Plans (PPP) are required to be developed and implemented by CAFO facilities in accordance with the EPA Storm Water Rules promulgated on November 19, 1990(FR 48062) and subsequent EPA Rule requirements. The requirements for a PPP shall be considered to be met by a facility that has been properly designed, constructed, and is operated and maintained under terms of this Chapter. Copies of all documentation signed by a CAFO owner/operator submitted to the Department by the registrant, including but not limited to WMSPs, construction plans and specifications, Notice of Registration for coverage under this Chapter, and any other required documents requested by the Department shall be kept at the facility and will constitute the equivalent of a PPP.(2) If not included in the documents addressed above, the PPP and any additional information regarding requirements shall be prepared and certified by a QCP and signed by a CAFO owner/operator and retained on site for review by Department representatives and shall include implementation of and compliance with the following: (a) Written provisions for weekly inspection/evaluation of all waste management system practices, structural controls, and daily inspection/evaluation of each land application site during land application, and when precipitation has occurred within 7 days since the last application. Records shall include the dates for each inspection/evaluation, a log of the findings and action taken as a result of such inspection/evaluation, and shall be signed by the person(s) performing the inspection/evaluation.(b) Written provisions for annual inspection by a QCP of all waste management system facilities, structural controls, and each land application site where wastes/wastewater have been applied in the previous year. Records shall include dates for each inspection, a log of the findings and action taken as a result of such inspections, and shall be signed by the person(s) performing the inspection/evaluation.(c) Initial written documentation of inspection by a PE registered in the State of Alabama or a QCP under the direct supervision of the PE, and certification by the PE that all new and existing embankments, dams, dikes, ditches, or berms associated with lagoons or waste storage ponds/sumps or other structural controls identified by the Director or his designee have been constructed in accordance with accepted engineering practices and in such a manner that meets or exceeds NRCS technical standards and guidelines. Records shall include dates for each inspection, a log of the findings and any action taken as a result of such inspections, and shall be signed by the person(s) performing the inspection/evaluation.(d) Written provisions for inspection by a PE registered in the State of Alabama or a QCP under the direct supervision of the PE, and certification/evaluation by the PE at least once every five years that all embankments, dams, dikes, ditches, or berms associated with lagoons or waste storage ponds/sumps or other structural controls identified by the Director or his designee have been maintained in accordance with accepted engineering practices and in such a manner that meets or exceeds NRCS technical standards and guidelines. Records shall include dates for each inspection, a log of the findings and action taken as a result of such inspections, and shall be signed by the person(s) performing the inspection/evaluation.(e) A schedule and procedures for lagoon or waste storage pond/sump dewatering must be retained at the facility. A date log indicating weekly inspections of the wastewater level in any lagoon or waste storage pond/sump shall be maintained, and shall be signed by the person(s) performing the inspection/evaluation. Owners/operators using ponds/sumps or lagoons for storage and treatment of storm water, manure and process generated wastewater, including flush water waste systems, shall maintain in their retention facility sufficient storage volume to contain all dry/wet waste and wastewater, to contain contaminated stormwater runoff from a 25-year, 24-hour event, to contain uncontaminated stormwater (that cannot be separated/segregated from contaminated runoff) from a 25-year, 24-hour storm event, and to maintain an additional 12 inch freeboard safety margin. The owner/operator shall restore storage volume for retention of all waste/wastewater, contaminated runoff from the 25-year, 24-hour event, and non segregated, uncontaminated runoff from the 25-year, 24-hour event as soon as possible after any rainfall event or accumulation of wastes or process generated wastewater which reduces such storage volume, weather permitting. Equipment capable of dewatering the wastewater lagoon or storage pond/sump shall be available whenever needed to restore the required operating storage volume and freeboard.(f) A permanent marker (measuring device), visible from the top of the embankment, shall be maintained in the retention structure to show the volume/water levels for normal operation of the retention structure according to the approved animal waste system management plan for containing all dry/wet waste and wastewater, for containing contaminated stormwater resulting from runoff generated by a 25-year, 24-hour storm event, for containing uncontaminated stormwater (that cannot be separated/segregated from contaminated runoff) resulting from runoff generated by a 25-year, 24-hour storm event, and show the additional 12 inches of safety margin freeboard within the containment ponds/sumps or lagoon.(g) Where a liner is installed in a retention structure in accordance with the requirements of this Chapter, the owner/operator shall maintain the liner to prevent hydrologic connection to groundwater or surface waters. Provisions must be implemented to prevent damage from grazing animals through the use of fences or other protective devices. No trees shall be allowed to grow on or near the structure within the potential distance of the root zone. Any mechanical or erosive structural damage to the liner should be immediately evaluated by an NRCS representative or PE, or appropriate QCP, but in no case later than 3 days after the damage, or an alternate schedule approved by the Department. All documentation on inspection and maintenance of the liner shall be kept at the facility.(h) The owner/operator shall keep records and ensure that storage and land application of animal liquid wastes, manure, or mortality compost shall not cause a discharge of pollutants to waters of the State, unless responsibility for ensuring proper management and preventing discharge(s) of any waste is properly assumed in writing by a CAWV. Except as provided by Rule 335-6-7-.32(3) and (4), discharge (runoff) of waste from the land application site is prohibited.(i) When animal liquid wastes, manure, or mortality compost is sold or given away to persons other than a CAWV, the owner/operator must maintain a log of: 1. Date of removal from the facility.2. Temporary storage areas.3. Name, address, and phone number of hauler/transporter.4. Amount, in wet tons, cubic yards, or gallons of waste removed from the facility. (Incidental or de minimus amounts, as determined by the Director or his designee, need not be logged).(j) Where waste is to be land applied by the hauler/transporter, the owner/operator must provide to the hauler/transporter any available nutrient analyses or the NRCS approved average nutrient value of the waste from that year. Author: Richard Hulcher
Ala. Admin. Code r. 335-6-7-.28
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.