N.M. Code R. § 20.6.6.20

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.6.6.20 - OPERATIONAL REQUIREMENTS FOR ALL DAIRY FACILITIES

A.Notice of presence of lactating cows and wastewater discharge. A permittee shall provide written notice to the department of the commencement, cessation, or recommencement of wastewater discharge or the placement, removal, or reintroduction of lactating cows as follows.

(1)For new dairy facilities.

(a)Placement of lactating cows. A permittee shall provide written notice to the department a minimum of 30 days before the placement of lactating cows at the dairy facility. A permittee shall provide written verification to the department of the actual date of placement of lactating cows within 30 days of placement.

(b)Commencement of wastewater discharge. A minimum of 30 days prior to the estimated initial wastewater discharge date a permittee shall provide written notice to the department indicating the date discharge is proposed to commence. A permittee shall provide written verification to the department of the actual date of discharge commencement within 30 days of commencement.

(2)For existing dairy facilities.

(a) Removal or reintroduction of lactating cows. A permittee shall provide written notice to the department indicating the date of removal of all lactating cows from the dairy facility or the date of reintroduction of any lactating cows at the dairy facility, if all lactating cows were previously removed, within 30 days of lactating cow removal or reintroduction.

(b) Cessation of wastewater discharge. A permittee shall provide written notice to the department indicating the date wastewater discharge ceased at the dairy facility within 30 days of the cessation of discharge.

(c) Recommencement of wastewater discharge. Written notification shall be submitted to the department a minimum of 30 days prior to the date wastewater discharge is expected to recommence. A permittee shall provide written notice to the department of the actual date of discharge recommencement within 30 days of recommencement.

B.Authorized use of new and existing impoundments. Impoundments shall meet the liner, design, and construction requirements of Subsection D of 20.6.6.17 NMAC; except an impoundment in existence on the effective date of the dairy rule that does not meet the requirements of Paragraphs (4) through (9) of Subsection D of 20.6.6.17 NMAC may continue to receive wastewater or stormwater provided the requirements of Paragraphs (1) or (2) of this subsection are met. If the requirements of Paragraph (1) and (2) of this subsection are not met, such an impoundment may continue to receive wastewater or stormwater provided the requirements of Subsection B of 20.6.6.27 NMAC are met.

(1) The water contaminant concentration in a ground water sample and in any subsequent ground water sample collected from a monitoring well(s) intended to monitor the impoundment does not exceed any ground water standard of 20.6.2.3103 NMAC.

(2) The water contaminant concentration in a ground water sample and in any subsequent ground water sample collected from a monitoring well(s) intended to monitor the impoundment does not exceed the water contaminant concentration in a ground water sample collected from the upgradient monitoring well, if the water contaminant concentration associated with the upgradient monitoring well exceeds the ground water standard(s) of 20.6.2.3103 NMAC. For the purpose of this subsection, ground water samples obtained from the impoundment monitoring well and the upgradient monitoring well that are used for comparison of water contaminant concentrations shall be collected within two days of each other. In the event ground water quality data for the upgradient monitoring well are not submitted by the permittee, the ground water standard(s) of 20.6.2.3103 NMAC shall be the applicable standard(s) used to assess compliance with the requirements of this subsection.

C. Constructed capacity of existing impoundment - determination. If record drawings are unavailable or have not been completed for an impoundment constructed before the effective date of the dairy rule to indicate the impoundment capacity of each existing wastewater or combination wastewater/stormwater impoundment, the permittee shall complete an up-to-date survey and capacity calculation for each impoundment. The permittee shall submit the survey data and capacity calculations to the department with the application for a renewed or modified discharge permit.

D. Free-liquid capacity of existing impoundment - determination. An applicant or permittee shall measure the thickness of settled solids in each existing wastewater and combination wastewater/stormwater impoundment during the twelve-month period prior to the submission of an application for a renewed or modified discharge permit and in accordance with one of the following procedures.

(1)Measure settled solids when the impoundment contains water using the following method:

(a) The total surface area of the impoundment shall be divided into nine equal sub-areas.

(b) A settled solids measurement device shall be used to obtain one settled solids thickness measurement (to the nearest half-foot) per sub-area. The nine settled solids measurements shall be taken on the same day and the date shall be recorded and submitted to the department with the measurements.

(c) The nine settled solids measurements shall be averaged.

(d) The total volume of settled solids in the impoundment shall be estimated by multiplying the average thickness of the solids layer by the area of the top of the settled solids layer. The area shall be calculated using the impoundment dimensions corresponding to the estimated surface of the settled solids layer.

(e) The estimated volume of settled solids shall be subtracted from the design capacity of the impoundment (less two feet of freeboard) to estimate the actual free-liquid capacity.

(f) The settled solids measurements, calculations, estimation of total settled solids volume and volume of the actual free-liquid capacity for each impoundment shall be submitted to the department with the application for a renewed or modified discharge permit.

(2)Measure settled solids when the impoundment has been drained of water to its lowest seasonal level using the following method:

(a) Place a visible mark on each of the sidewalls of the pond showing the design depth allowed for sludge accumulation, or establish at least two vertical staff gauges marked to show the design depth allowed for sludge accumulation. The design depth shall be determined based upon the design capacity approved in the most recent discharge permit.

(b) When the pond is drained to its lowest seasonal level, such that the marks showing the depths described above are visible (or would be visible except for sludge accumulation), photograph each of the markings and submit the photographs with the application.

E.Impoundment construction or improvement. Construction of a new impoundment or improvements to an existing impoundment, including relining of an existing impoundment, shall be performed in accordance with the construction plans and specifications and supporting design calculations submitted with the application for a new, renewed or modified discharge permit, or those submitted after issuance of a discharge permit to achieve compliance with the dairy rule. An applicant or permittee shall notify the department at least five working days before starting construction or improvement of an impoundment to allow for an inspection by department personnel. An applicant or permittee shall submit to the department a construction certification report bearing the seal and signature of a licensed New Mexico professional engineer verifying that installation and construction was completed pursuant to Subsection C of 20.6.6.17 NMAC. The construction certification report shall include: record drawings, final specifications, final capacity calculations and the CQA/CQC report.

(1) For new dairy facilities, impoundment construction shall be completed as follows.

(a) Wastewater impoundment construction shall be completed and the construction certification report shall be submitted to the department before discharging wastewater at the dairy facility.

(b) Combination wastewater/stormwater impoundment construction shall be completed and the construction certification report shall be submitted to the department before placing any livestock at the dairy facility.

(2) For existing dairy facilities, impoundment construction shall be completed:

(a) within one year of the effective date of the discharge permit, if construction of a new impoundment or improvement of an existing impoundment is required to achieve compliance with the dairy rule, or pursuant to the contingency timeframe specified in Subsection B of 20.6.6.27 NMAC when invoked after the effective date of a discharge permit issued pursuant to the dairy rule; and

(b) the construction certification report shall be submitted to the department within 90 days of completion of impoundment construction.

F.Manure solids separator installation. A permittee shall employ manure solids separation. If a solid separator with a potential to contaminate ground water is proposed, such as a pond or settling basin, it shall be lined in accordance with Paragraph (5) of Subsection D of 20.6.6.17 NMAC.

A permittee installing a new wastewater storage or disposal system shall, before discharging to the new system, construct a manure solids separator(s) in accordance with the construction plans and specifications submitted with the application for a new, renewed or modified discharge permit, or those submitted after issuance of a discharge permit to achieve compliance with the dairy rule. Before discharging to the new system, the permittee shall submit to the department confirmation of solids separator construction, including separator type(s) and location(s).

G.Grading and drainage report and plan - submittal and implementation. A permittee shall complete a new grading and drainage system, in accordance with the grading and drainage report and plan required by Subsection C of 20.6.6.17 NMAC and submitted with the application for a new discharge permit. A permittee shall submit a post-development drainage report, including record drawings, bearing the seal and signature of a licensed New Mexico professional engineer. The grading and drainage system shall be completed and the post-development drainage report shall be submitted to the department before placing any livestock at the dairy facility.

H.Storm water conveyance. A permittee shall divert stormwater from the corrals and other applicable areas at the dairy facility (i.e., calf pens, alleys, feed storage and mixing, etc.) in accordance with the grading and drainage plan required by Subsection C of 20.6.6.17 NMAC. Stormwater shall be conveyed in a manner that minimizes ponding and infiltration of stormwater.

I.Storm water management - unlined impoundment. A permittee shall transfer stormwater collected in an unlined impoundment(s) to the wastewater impoundment(s) or the distribution system for the land application area after a storm event to minimize the potential for movement to ground water. Operational pumps shall be available at the dairy facility at all times for the transfer of stormwater from stormwater impoundment(s) to the wastewater impoundment(s) or the distribution system for the land application area, as authorized by a discharge permit.

J.Flow meter installation. A permittee shall employ a flow metering system that uses flow measurement devices (flow meters) to measure the volume of wastewater discharged at the dairy facility. Flow meters shall be installed in accordance with the plans submitted with the application for a new, renewed or modified discharge permit, or those submitted after issuance of a discharge permit to achieve compliance with the dairy rule, pursuant to this section, Subsection C of 20.6.6.17 NMAC, and Subsections G and H of 20.6.6.21 NMAC. Flow meters shall be labeled with the discharge permit number, meter identification nomenclature as specified in a discharge permit, and the month and year of meter installation. All flow meters shall be calibrated in accordance with the manufacturer's requirements prior to installation or reinstallation following repair. The permittee shall maintain copies of the manufacturer's certificate of calibration and the manufacturer's recommended maintenance schedule. confirmation of installation shall include a description of the device type, manufacturer, meter identification, location, record drawings, and a copy of the manufacturer's certificate of calibration and a copy of the manufacturer's recommended maintenance schedule.

(1) An applicant or permittee for a new dairy facility shall install flow meters and submit confirmation of flow meter installation to the department before discharging at the dairy facility.

(2) An applicant or permittee for an existing dairy facility shall install flow meters within 150 days of the effective date of the discharge permit and submit confirmation of flow meter installation to the department within 180 days of the effective date of the discharge permit.

K.Flow metering methods. Flow metering shall be accomplished by the following methods.

(1) For pumped flow discharge or transfer situations, an applicant or permittee shall install a closed-pipe velocity sensing totalizing flow meter(s) on the pressurized discharge or transfer line(s).

(2) For gravity flow discharge or transfer situations, an applicant or permittee shall install a closed pipe totaling flow meter or an open-channel primary flow measuring device(s) (fume or weir), equipped with head sensing and totalizing mechanisms, on the discharge or transfer line(s).

(3) An applicant may propose and the department may accept a proposal to meter flows by metering the water supply. The proposal shall provide specific detail regarding the flow meter to be used and the relationship between the volume of water supplied and wastewater volume.

L.Flow meter locations. An applicant or permittee shall identify flow meter locations in the application for a new, renewed or modified discharge permit. All flow meters shall be located pursuant to this section and Subsections G and H of 20.6.6.21 NMAC, and indicated on the scaled map required by Subsection U of this section.

M.Authorized use of existing flow meters. An applicant or permittee proposing to use an existing flow meter(s) shall submit documentation demonstrating that the existing flow meter(s) is installed consistent with this section, and Subsections G and H of 20.6.6.21 NMAC, as appropriate. The proposal shall be submitted with an application for a new, renewed and modified discharge permit and shall include the following documentation.

(1) The location of each existing flow meter indicated on the scaled map required by Subsection U of this section and the identification of the wastewater discharge, or wastewater or stormwater application it is intended to measure.

(2) A copy of the record drawings or manufacturer plans and technical specifications specific to each existing flow meter, if available.

N.Flow metering- wastewater to impoundment. A permittee shall install flow meters to measure the volume of wastewater discharged from all wastewater sources to the wastewater or combination wastewater/stormwater impoundment(s). The flow meter(s) shall be installed on the discharge line(s) from all wastewater sources to the wastewater impoundment(s). Meter installation and confirmation of meter installation shall be performed pursuant to this section. Alternatively, a dairy existing on the effective date of the dairy rule that does not utilize flow meters meeting the requirements of the preceding sentence may install a flow meter(s) on the water supply line(s) that serves all wastewater sources. Readings from flow meter(s) on water supply lines shall be used to estimate wastewater volumes discharged to wastewater or combination wastewater/ stormwater impoundment(s) without adjustments or deductions to the meter readings.

O.Flow meter inspection and maintenance. A permittee shall visually inspect flow meters on a weekly basis for evidence of malfunction. If a visual inspection indicates a flow meter is not functioning to measure flow, the permittee shall initiate repair or replacement of the meter within seven days of discovery. The repaired or replaced flow meter shall be installed and calibrated pursuant to Subsection J of this section.

(1) For repaired meters, the permittee shall submit a report to the department with the next quarterly monitoring report following the repair that includes a description of the malfunction, a statement verifying the repair, and a copy of the manufacturer's or repairer's certificate of calibration.

(2) For replacement meters, the permittee shall submit a report to the department with the next quarterly monitoring report following the replacement that includes plans for the device pursuant to Subsection C of 20.6.6.17 NMAC, a copy of the manufacturer's certificate of calibration, and a copy of the manufacturer's recommended maintenance schedule.

P.Impoundment inspection and maintenance. A permittee shall maintain impoundments to prevent conditions which could affect the structural integrity of the impoundments and associated liners. Such conditions include, but are not limited to, erosion damage; animal burrows or other animal damage; the presence of vegetation including aquatic plants, weeds, woody shrubs or trees growing within five feet of the top inside edge of a sub-grade impoundment, within five feet of the toe of the outside berm of an above-grade impoundment, or within the impoundment itself; evidence of seepage; evidence of berm subsidence; and the presence of large debris or large quantities of debris in the impoundments. A permittee shall inspect impoundments and surrounding berms on a monthly basis to ensure proper condition and control vegetation growing around the impoundments in a manner that is protective of the liners. Within 24 hours of discovery, a permittee shall report to the department any evidence of damage that threatens the structural integrity of a berm or liner of an impoundment or that may result in an unauthorized discharge. A permittee is not required to report routine berm maintenance to the department.

Q.Pipe and fixture inspection and maintenance. A permittee shall maintain pipes and fixtures used for the conveyance or distribution of wastewater or stormwater at the dairy facility to prevent the unauthorized release of wastewater or stormwater. The permittee shall visually inspect pipes and fixtures on a weekly basis for evidence of leaks or failure, and shall maintain written records at the dairy facility of all such inspections including repairs to the pipes and fixtures. Where pipes and fixtures cannot be visually inspected because they are buried, the permittee shall inspect the area directly surrounding the features for evidence of leaks or failure (e.g., saturated surface soil, surfacing wastewater, etc.). If there is evidence an unauthorized discharge has resulted from damaged or faulty pipe(s) or fixture(s), the permittee shall repair or replace the pipe(s) or fixture(s) within 72 hours of discovery. The permittee shall report the unauthorized discharge to the department pursuant to 20.6.2.1203 NMAC.

R.Leachate management - manure solids separation system. A permittee shall manage the solids captured by and removed from the manure solids separation system(s) and stored at the dairy facility before removal or land application to minimize generation and infiltration of leachate. The manure solids removed from the manure solids separation system and leachate generated from those solids shall be collected and contained on an impervious surface before disposal.

S.Leachate management - manure and compost storage. Unless land application of manure solids and composted materials is authorized by a discharge permit, a permittee shall remove manure solids and composted material from the dairy facility. A permittee shall minimize the generation and infiltration of leachate from stockpiled manure solids and composted material before removal from the dairy facility by diverting stormwater run-on and run-off, and preventing ponding within areas used for manure and compost stockpiling.

T.Leachate management - silage storage. A permittee shall minimize the generation and infiltration of leachate from silage storage areas and prevent ponding within silage storage areas. Leachate generated from the silage storage areas shall be collected and contained on an impervious surface or the stormwater impoundment before disposal.

U.Scaled map of dairy facility. An applicant or permittee shall submit a scaled map of the dairy facility to the department with an application for a new, renewed or modified discharge permit. The map shall be clear and legible, and drawn to a scale such that all necessary information is plainly shown and identified. The map shall show the scale in feet or metric measure, a graphical scale, a north arrow, and the effective date of the map. Multiple maps showing different portions of the facility may be provided using different scales as appropriate to represent the facility. Documentation identifying the means used to locate the mapped objects (i.e., global positioning system (GPS), land survey, digital map interpolation, etc.) and the relative accuracy of the data (i.e., within a specified distance expressed in feet or meters) shall be included with the map. Any object that cannot be directly shown due to its location inside of existing structures, or because it is buried without surface identification, shall be identified on the map in a schematic format and identified as such. The map shall include the following objects:

(1) the overall dairy facility layout (barns, feed storage areas, pens, etc.);

(2) the location of all sumps;

(3) the location of all manure solids separators;

(4) the location of all wastewater, stormwater, and combination impoundments;

(5) the location of all mix tanks;

(6) the location and acreage of each fields within the land application area;

(7) the location of all monitoring wells;

(8) the location of all irrigation wells;

(9) the location of all meters measuring wastewater discharges to and from impoundments;

(10) the location of all meters measuring stormwater applied to the land application area;

(11) the location of all fixed pumps for discharge and transfer of wastewater or stormwater;

(12) the location of all wastewater and stormwater distribution pipelines;

(13) the location of each ditch irrigation system, acequia, irrigation canal and drain;

(14) the location of all backflow prevention methods or devices;

(15) all wastewater sampling locations, with the exception of impoundments for disposal by evaporation; and

(16) location of all septic tanks and leachfields.

V.Scaled map of dairy facility - updates. Following completion of additions or changes to the dairy facility layout which affects items required by Subsection U of this section, a permittee shall update and resubmit to the department the dairy facility map required by this section within 90 days of any additions or changes to the dairy facility layout which affects items required by Subsection U of this section.

W.Animal mortality management. All animal mortalities that may legally be disposed of (buried or composted) on a dairy facility shall be managed in accordance with the following requirements.

(1) Only mortalities originating at the dairy facility may be disposed of at the dairy facility.

(2) Mortalities shall not be stored or buried within 200 feet (measured as horizontal map distance) from private or public wells, or any watercourse.

(3) Mortalities shall not be stored or buried within 100 feet (measured as horizontal map distance) from the 100-year food zone of any watercourse, as defined by the most recent federal emergency management administration, FEMA, map.

(4) Stormwater run-on to disposal areas shall be prevented by use of berms or other physical barriers.

(5) Mortalities disposed of by burial shall be placed in a pit(s) where the vertical distance between the seasonal high ground water level and the floor of the pit(s) is greater than 30 feet as documented through the most recent ground water data obtained from an on-site test boring(s) or monitoring well(s).

X.Determination of ground water conditions. An applicant or permittee for a dairy facility without a monitoring well from which depth-to-most-shallow ground water can be measured in accordance with the procedure required by Paragraph (1) of Subsection F of 20.6.6.23 NMAC shall evaluate ground water conditions by the following methods.

(1) The applicant or permittee shall obtain records from the office of the state engineer for all wells on file with the office of the state engineer located within one mile of the boundary of the dairy facility. The applicant or permittee shall submit to the department in tabular format the following information obtained from the office of the state engineer records: the well identification information; location of each well by latitude/longitude and township, range, and section; use of each well; depth to ground water in each well; and total depth of each well.

(2) If any well record information submitted pursuant to Paragraph (1) of this subsection indicates that depth to ground water is less than 100 feet, or in lieu of the requirement of Paragraph (1) of this subsection, the applicant or permittee shall conduct the following activities.

(a) The applicant or permittee shall drill one site-specific test boring to the depth of most-shallow ground water or a depth of 75 feet (measured from the ground surface), whichever is encountered first. The test boring shall be drilled in an area of low elevation within the production area outside of an existing or proposed impoundment.

(b) The applicant or permittee shall describe the lithology from the ground surface to the completed borehole depth and document the depth of most-shallow ground water or the absence of ground water within 75 feet of the ground surface. If ground water is encountered within 75 feet of the ground surface, the depth of most-shallow ground water shall be measured immediately upon ceasing drilling of the boring and again 24 hours following ceasing drilling. Lithology shall be characterized pursuant to American society of testing and materials (ASTM) test method D 2487 or D 2488 or characterized using standard visual geologic or soils descriptions that shall include lithology, grain size, color (Munsell soil color charts may be used), texture, sorting, percent gravel and degree of induration. The lithologic log and most-shallow ground water information shall be submitted to the department with the application for a new, renewed or modified discharge permit.

(c) Upon completion of ground water measurements, unless the borehole is completed as a monitoring or production well, the borehole shall be immediately abandoned by emplacing neat cement grout, bentonite based plugging material, or other sealing material approved by the state engineer in accordance with 19.27.4 NMAC in the borehole from the bottom of the borehole to the ground surface. A written record of borehole abandonment shall be submitted to the department with the application for a new, renewed or modified discharge permit and shall describe the type of grout used and the depth interval sealed with grout. If a monitoring well is constructed in the borehole, the monitoring well shall be constructed in accordance with Subsection D of 20.6.6.23 NMAC, and a construction log including well record information specified by 19.27.4 NMAC shall be submitted to the department with the application for a new, renewed or modified discharge permit.

Y.Domestic wastewater. Domestic wastewater shall not be commingled with wastewater or stormwater generated at a dairy facility. Domestic wastewater shall be treated or disposed of pursuant to 20.7.3 NMAC or a discharge permit issued solely for the discharge of domestic wastewater, as appropriate.

N.M. Code R. § 20.6.6.20

20.6.6.20 NMAC - N, 1/31/2011; A, 12/31/2011

Amended by New Mexico Register, Volume XXVI, Issue 11, June 16, 2015, eff. 6/16/2015