N.M. Code R. § 20.6.6.21

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

Section 20.6.6.21 - ADDITIONAL OPERATIONAL REQUIREMENTS FOR DAIRY FACILITIES WITH A LAND APPLICATION AREA

A. Impoundment storage capacity management - wastewater and wastewater/stormwater combination. A permittee shall operate and maintain a wastewater or combination wastewater/stormwater impoundment(s) or a tank for the purpose of storing wastewater prior to discharging to the land application area. A permittee shall manage wastewater or combination wastewater/stormwater impoundments to maintain the capacity and two feet of freeboard required by Subsection D of 20.6.6.17 NMAC.

B. Authorized land application of wastewater and stormwater. A permittee shall apply wastewater and stormwater to fields within the land application area, up to the maximum acreage of irrigated cropland specifically authorized by a discharge permit. Wastewater and stormwater shall be distributed uniformly over the fields at the planned rate consistent with the nutrient management plan (NMP); ponding shall be minimized.

C. Land application area - fresh irrigation water required. Wastewater shall only be applied to fields within the land application area receiving fresh irrigation water. Fresh irrigation water shall be used as the primary source to meet the water consumptive needs of the crop to support crop production and nutrient removal. Wastewater and stormwater are intended as sources of crop nutrients and shall not be used as a primary source to meet the water consumptive needs of the crop. An applicant may propose and the department may accept a proposal to apply wastewater to crops or grazing land without using fresh water for irrigation if the proposal demonstrates to the department's satisfaction that crops or plants to be grazed can be successfully maintained without fresh irrigation water.

D. Wastewater/ irrigation water blending. Wastewater may be blended in-line (i.e., fresh irrigation water supply lines) when fresh water irrigation lines are equipped with backflow prevention that is installed, operated, inspected and maintained in accordance with Subsections L and M of this section. Wastewater may also be blended in a mix-tank(s), applied alternately in the same irrigation line which has been physically disconnected from supply wells, or applied in a separate line, as authorized by a discharge permit. Wastewater may be blended with fresh water in a wastewater impoundment prior to land application so long as:

(1) the permittee maintains an accurate written record of the volume of fresh water added to the wastewater and that volume is accounted for in determining the volumes of wastewater applied for purposes of the nutrient management plan;

(2) fresh water is introduced in a safe manner to prevent scouring of the liner;

(3) the impoundment capacity requirements of this rule are met.

E. Land application area - existing infrastructure. An applicant or permittee shall submit documentation for the existing infrastructure necessary to transfer, distribute and apply wastewater or stormwater to fields within the land application area that will receive wastewater or stormwater to the department with the application for a new, renewed or modified discharge permit. The documentation shall consist of a narrative statement and photographic documentation that confirm the existing land application distribution system including the type(s) and location(s) of the systems, and the method(s) of backflow prevention employed.

F. Land application area - new infrastructure. Before the initial application of wastewater or stormwater to any fields within the land application area that has not previously received wastewater or stormwater, an applicant or permittee shall install a land application distribution system to distribute wastewater and stormwater to those fields. The land application distribution system shall be used to distribute and apply wastewater and stormwater to fields within the land application area to meet the requirements of this section. Before the initial application of wastewater or stormwater to any fields within the land application area, an applicant or permittee shall submit documentation confirming installation of the land application distribution system. The documentation shall consist of a narrative statement and photographic documentation that confirms the new land application system including the type(s) and location(s) of the system(s), and the method(s) employed for backflow prevention.

G. Flow metering - wastewater to land application area. A permittee shall install flow meters to measure the volume of wastewater discharged from the wastewater or combination wastewater/stormwater impoundments to the land application area. The flow meter(s) shall be installed on the discharge line(s) from the wastewater impoundment(s) or tank to the distribution system for the land application area. Meter installation and confirmation of meter installation shall be performed pursuant to Subsections J, K and M of 20.6.6.20 NMAC.

H.Flow metering - stormwater to land application area. For a dairy facility transferring stormwater from a stormwater impoundment directly to a distribution system for the land application area, a permittee shall install flow meters to measure the volume of stormwater applied directly to the land application area. The flow meter(s) shall be installed on the transfer line(s) from the stormwater impoundment(s) to the distribution system for the land application area. Meter installation and confirmation of meter installation shall be performed pursuant to Subsections J, K and M of 20.6.6.20 NMAC.

I.Nutrient management plan. Nutrients and other constituents required to be monitored under Subsection C of 20.6.6.25 NMAC and present in wastewater and stormwater shall be applied to irrigated cropland under cultivation in accordance with the requirements of a nutrient management plan (NMP) submitted to the department with the application for a new, renewed, or modified discharge permit. The NMP shall provide for development of a nutrient budget for nitrogen on an annual basis that accounts for the amount of nitrogen from all combined nitrogen sources, including but not limited to, wastewater, stormwater, manure solids, composted material, irrigation water and other additional fertilizer(s), along with residual soil nitrogen and nitrogen credits from leguminous crops and that considers estimated and measured nitrogen removal by harvested crops and other losses, considering the monitoring data required to be collected under Section 20.6.6.25 NMAC. The NMP shall describe how planned total nitrogen application rates shall be determined each year based upon realistic yield goals for the planned crops. The information used to set the crop yield goals shall be identified in the NMP. The NMP shall address how nitrogen application rates will be adjusted based upon the results of soil tests required by Subsections K and L of 20.6.6.25 NMAC, consistent with applicable Natural Resource Conservation Service guidance for normal, high and excessive soil nitrogen levels. The NMP shall specify the maximum application rates for wastewater applied through irrigation so as not to exceed the soil intake/infiltration rate. The application of nitrogen to each fields within the land application area shall be in accordance with the NMP, and any departures from the NMP due to growing conditions or other factors shall be addressed in the update to the NMP for the following year. Plant material and soil sampling protocols in the NMP shall be, at a minimum, equivalent to the requirements of Subsections I, K and L of 20.6.6.25 NMAC. The NMP shall identify the method(s) of crop removal to be employed. The NMP shall be developed for the term of the discharge permit and updated annually . The NMP shall be developed, signed and dated annually by an individual certified by the American society of agronomy as a certified crop advisor (CCA) or certified professional agronomist (CPAg) or by an individual certified by the New Mexico office of the U.S. department of agriculture natural resources conservation service as a nutrient management planner. The permittee may elect to submit an NMP meeting the requirements of this subsection that is incorporated into a broader plan, such as a comprehensive nutrient management plan or a nutrient management plan prepared to meet the requirements of a permit issued by EPA, in which case only the portions of such plan required by this subsection and Section 20.6.6.25 NMAC shall be considered for purposes of the dairy rule. For a renewed permit where the NMP was not submitted in an application, the permittee shall submit the initial NMP by May 1 of the first year the permit is in effect, and the permittee shall submit annual updates to the NMP to the department in the monitoring reports due by May 1 of each year.

J.Crop removal - mechanical or grazing. A permittee shall remove crops from fields within the land application area by mechanical harvest or grazing. An NMP which proposes grazing for crop removal shall also include, at a minimum, estimated values for the following elements.

(1) The length of the grazing season.

(2) The size and number of animals to be grazed.

(3) The estimated weight gain of animals to be grazed, or estimated intake for maintenance or milk production.

(4) The calculations to determine stocking rates, total acreage needed and residency period.

(5) The plant species used to establish pastures and the pasture renovation practices to be employed.

(6) The yield of plant species grown in each pasture and the forage supplied on a monthly basis.

(7) The grazing management system employed and a map indicating key features of the system including water tanks, fencing, and pasture layout with numbering system and acreage of each pasture.

K. Irrigation ditches -inspection and maintenance. Irrigation ditches used to land apply wastewater or stormwater at a dairy facility shall be concrete-lined and shall be maintained in good repair. The permittee shall visually inspect the ditch system on a monthly basis to ensure proper maintenance. Any damage to a lined ditch shall be repaired within a reasonable time period. A log shall be kept on-site documenting the inspection findings and repairs made, and the log shall be made available to the department upon request.

L.Backflow prevention. A permittee shall protect all water wells used within the land application distribution system from contamination by wastewater or stormwater backflow by installing and maintaining backflow prevention methods or devices. Backflow prevention shall be achieved by a total disconnect (physical air gap separation of at least two times the pipe diameter or complete piping separation when wastewater is being pumped) or by the installation of, at a minimum an air/ vacuum relief valve and a low pressure drain valve located immediately upstream of a check valve between the discharge head of the well pump and wastewater and stormwater delivery systems.

(1) A permittee for a new dairy facility shall install backflow prevention methods or devices and submit written confirmation of installation to the department before discharging at the dairy facility.

(2) A permittee for an existing dairy facility that lacks backflow protection as required by this subsection shall install backflow prevention methods or devices within 90 days of the effective date of the discharge permit. The permittee shall submit written confirmation of installation to the department within 180 days of the effective date of the discharge permit.

M. Backflow prevention by check valve backflow prevention device - inspection and maintenance. A permittee shall inspect each check valve device at least monthly when the well is operating. A malfunctioning check valve device shall be repaired or replaced within 30 days of discovery, and use of all wastewater supply lines associated with the check valve device shall cease until repair or replacement has been completed. Copies of the inspection and maintenance records check valve device associated with the backflow prevention program for the previous year shall be submitted to the department annually in the monitoring reports due by May 1.

N. Supply well protection. With the exception of monitoring wells, all wells located within the land application area of a dairy facility shall have a surface pad constructed in accordance with the recommendations of Subsection G of 19.27.4.29 NMAC and a permanent well cap or cover pursuant to Subsection I of 19.27.4.29 NMAC.

N.M. Code R. § 20.6.6.21

20.6.6.21 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

Amended by New Mexico Register, Volume XXVI, Issue 12, June 30, 2015, eff. 6/30/2015