Section 33-16-03.1-08 - Facility requirements1. A facility requiring a permit under this chapter must be located, designed, built, maintained, and operated to limit or prevent pollution of or the discharge of pollutants into waters of the state consistent with the North Dakota Livestock Program Design Manual, best professional judgment, best management practices, and pursuant to the requirements of North Dakota Century Code chapter 61-28, this chapter, and the facility's state animal feeding operation permit. 2. Nutrient management plan. A nutrient management plan must be developed and a copy maintained onsite by the owner or operator of any facility that land applies manure, litter, or process wastewater to cropland or grassland and is required to obtain a permit . These facilities must land apply manure litter or process wastewater in accordance with the current properly developed nutrient management plan. At a minimum the nutrient management plan must contain the following information: a. Description of the land to which an operator has access for applying manure or process wastewater, or both, and adequate information to demonstrate that manure or process wastewater, or both, will be applied at agronomic rates. The agronomic rate for nitrogen must not exceed the plant utilization rate for the cropping year. Phosphorous must not be applied at rates exceeding the recommendations based on either the North Dakota phosphorous index, the North Dakota state university extension service soil tests, or other risk assessment methods approved by the department.b. The proposed method and timing of land application of manure and process wastewater.c. The precautions that will be taken to: (1) Prevent manure and process wastewater from reaching waters of the state or areas where they have the potential to impact waters of the state; and(2) Minimize odors to residences and public areas where people are present during transport and land application of manure.d. Other information specified in the North Dakota Livestock Program Design Manual.3. Of the facilities identified in subsection 2, the following facilities must submit a copy of their current nutrient management plans to the department along with their application or design, or both, plans:a. Concentrated animal feeding operations;b. Facilities that plan to apply manure on frozen ground;c. Facilities with land that is designated for manure application and which also has soil phosphorous levels that meet or exceed the very high levels for crop production based on North Dakota state university extension service information;d. Facilities that daily haul and land apply manure; ande. Facilities that fail to comply with these rules or permit conditions.4. Facilities identified in subsection 2, which do not meet conditions in subsection 3, must submit to the department, along with their application or design, or both, plans, the following information:a. An indication that the facility has a nutrient management plan that meets the department requirements;b. The name of the individual who developed the nutrient management plan and the organization with which that individual is affiliated;c. The amount of land available for land application of manure;d. The type of crops or vegetation grown on this land;e. The typical manure application rate for each crop or vegetation grown;f. The method and timing of application;g. The precautions used to prevent manure from reaching waters of the state; andh. The precautions, if needed, used to minimize odors to residences and public areas where people are present during transport and land application of manure.5. Manure storage structures. All facilities requiring permits under this chapter, must meet the following requirements: a. All facilities regulated under this chapter shall have manure storage structures designed and constructed to store runoff from a twenty-five-year, twenty-four-hour rainfall event, except swine, chicken, turkey, and veal calf facilities which shall be designed and constructed to store runoff from a one hundred-year, twenty-four-hour rainfall event. In addition, all facilities shall collect and store all manure, process wastewater, and runoff for a minimum of two hundred seventy days. Overflows from a properly operated manure storage structure due to a chronic or catastrophic rainfall event in excess of those specified or seepage from the storage structure that is within the standards as specified in the North Dakota Livestock Program Design Manual are not considered violations of this chapter.b. A ground water site assessment is required for all manure storage structures.c. All manure storage structures must be designed and maintained to withstand natural forces, to prevent impacts to waters of the state, and minimize seepage.d. All earthen storage ponds shall have a properly designed and constructed liner to minimize seepage, unless the department has determined a liner is not necessary based on site conditions.e. Other manure storage structure requirements specified in the North Dakota Livestock Program Design Manual must be met.f. The department may specify additional design or monitoring requirements as needed to ensure facilities will satisfactorily prevent pollution to waters of the state.6. Liquid storage facilities. All facilities requiring permits under this chapter which store liquid manure, process wastewater, or manure-contaminated runoff must meet the following requirements:a. New facilities, expanding facilities significantly increasing their number of animals, or those facilities that have not housed animals within five years must not be located over an unconfined glacial drift aquifer unless approved by the department.b. All facilities requiring permits under this chapter, must be designed by the facility owner or designed by or under the direct supervision of an engineer. If designed by an engineer, all final drawings, specifications, plans, reports, or other engineering documents, when issued, shall be signed by the engineers or land surveyors who supervised the preparation of these documents under North Dakota Century Code chapter 43-19.1. After construction completion, an engineer or the designer shall certify that the construction was completed according to the design plan.c. Other requirements specified in the North Dakota Livestock Program Design Manual.7. Odor management. An operator shall manage a facility to minimize the impact of odors on neighboring residents and public areas and comply with the odor requirements of North Dakota Century Code section 23-25-11, North Dakota Administrative Code chapter 33-15-16, and the North Dakota Livestock Program Design Manual.8. Best management practices. An operator of a facility requiring a permit under this chapter is responsible for applying best management practices to ensure compliance with the requirements of this chapter and the permit and to prevent pollution of waters of the state. The best management practices used must be included in the design plans or in the nutrient management plan.9. Additional requirements which the department may require for facilities requiring permits under this chapter. The department may: a. Require the operator to install and collect routine samples from monitoring wells to ensure that potentially usable ground water resources are not adversely impacted.b. Require odor control for manure storage and animal housing areas and require steps to minimize odors to residences or public areas during transport and land application of manure.c. Based on site-specific conditions, specify additional design or monitoring requirements as needed to ensure the facility will satisfactorily prevent pollution of waters of the state.N.D. Admin Code 33-16-03.1-08
Effective December 1, 2004; amended effective January 7, 2005.Amended by Administrative Rules Supplement 370, October 2018, effective 10/1/2018.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04