Appendix G - Criteria for Determining a Concentrated Animal Feeding Operation and Additional Requirements Applicable to New and Existing Concentrated Animal Feeding Operations

Current through April 27, 2019

(a) Applicability and permit requirement for concentrated animal feeding operations (CAFOs). In accordance with W.S. 35-11-103(a) (xi) and 35-11-302(a) (v), CAFOs, as defined in Appendix G (b) of these regulations, are point sources that require WYPDES permits for discharges or potential discharges. Once an operation is defined as a CAFO, the WYPDES requirements for CAFOs apply with respect to all animals in confinement at the operation and all manure, litter and process wastewater generated by those animals or the production of those animals, regardless of the type of animal. All CAFOs have a duty to apply to seek coverage under a WYPDES permit as described in these regulations.

(b) Definitions applicable to this appendix:

(i) Analytical methods. The parameters that are regulated or referenced in this appendix and listed with approved methods of analysis in Table 1B at 40 CFR 136.3 are defined as follows:

(A) "Ammonia (as N)" means ammonia reported as nitrogen.

(B) "BOD₅" means 5-day biochemical oxygen demand.

(D) "Total dissolved solids" means nonfilterable residue.

(ii) Analytical methods. The parameters that are regulated or referenced in this part and listed with approved methods of analysis in Table 1A at 40 CFR 136.3 are defined as follows:

(A) "Fecal coliform" means fecal coliform bacteria.

(B) "Total coliform" means all coliform bacteria.

(iii) "Animal feeding operation" (AFO) means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

(A) Animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(B) Crops, vegetation forage growth or post harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

Two (2) or more animal feeding operations under common ownership are considered, for purposes of these regulations, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

(iv) "Land application area" means land under the control of an AFO owner or operator, whether it is owned, rented, or leased, to which manure, litter or process wastewater from the production area is or may be applied.

(v) "Large concentrated animal feeding operation" (large CAFO). An AFO is defined as a large CAFO if it stables or confines as many as or more than the numbers of animals specified in any of the following categories.

(A) 700 mature dairy cows, whether milked or dry;

(B) 1,000 veal calves;

(D) 1,000 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs;

(E) 2,500 swine each weighing 55 pounds or more;

(F) 10,000 swine each weighing less than 55 pounds;

(G) 500 horses;

(H) 10,000 sheep or lambs;

(I) 55,000 turkeys;

(J) 30,000 laying hens or broilers, if the AFO uses a liquid manure handling system;

(K) 125,000 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system;

(L) 82,000 laying hens, (if the AFO uses other than a liquid manure handling system);

(M) 30,000 ducks (if the AFO uses other than a liquid manure handling system); or

(N) 5,000 ducks (if the AFO uses a liquid manure handling system).

(vi) "Manure" is defined to include animal excreta or other commonly associated wastes of animal husbandry including but not limited to bedding, compost and raw materials or other materials commingled with manure or set aside for disposal.

(vii) "Medium concentrated animal feeding operation" (medium CAFO) means any AFO with the type and number of animals that fall within any of the ranges listed in Appendix G (b) (vii) (A) and which has been defined or designated as a CAFO. An AFO is defined as a medium CAFO if:

(A) The type and number of animals that it stables or confines falls within any of the following ranges:

(I) 200 to 699 mature dairy cattle, whether milked or dry;

(II) 300 to 999 veal calves;

(III) 450 to 1499 buffalo (Bison bison);

(IV) 300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs;

(V) 750 to 2,499 swine each weighing 55 pounds or more;

(VI) 3,000 to 9,999 swine each weighing less than 55 pounds;

(VII) 150 to 499 horses;

(VIII) 3,000 to 9,999 sheep or lambs;

(IX) 16,500 to 54,999 turkeys;

(X) 9,000 to 29,999 laying hens or broilers, (if the AFO uses a liquid manure handling system);

(XI) 37,500 to 124, 999 chickens (other than laying hens), (if the AFO uses other than a liquid manure handling system);

(XII) 25,000 to 81,999 laying hens, (if the AFO uses other than a liquid manure handling system);

(XIII) 10,000 to 29,999 ducks (if the AFO uses other than a liquid manure handling system); or

(XIV) 1,500 to 4,999 ducks (if the AFO uses a liquid manure handling system); and

(B) Either one of the following conditions are met:

(I) Pollutants are discharged into surface waters of the state through a man-made ditch, flushing system, or other similar man-made device; or

(II) Pollutants are discharged directly into surface waters of the state which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

(viii) "New source" means any building, structure, facility or installation from which there is or may be the discharge of pollutants, the construction of which is commenced after the effective date of these regulations.

(ix) "Overflow" means the discharge of manure or process wastewater resulting from the filling of wastewater or manure storage structures beyond the point at which no more manure, process wastewater, or storm water can be contained by the structure.

(x) "Process wastewater" means water directly or indirectly used in the operation of the AFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning, or flushing pens, barns, manure pits, or other AFO facilities; direct contact swimming, washing, or spray cooling of animals; or dust control. Process wastewater also includes any water which comes into contact with any raw materials, products, or byproducts including manure, litter, feed, milk, eggs or bedding.

(xi) "Production area" means that part of an AFO that includes the animal confinement area, the manure storage area, the raw materials storage area, and the waste containment areas. The animal confinement area includes but is not limited to open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milk rooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes but is not limited to lagoons, runoff ponds, storage sheds, stock piles, under house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes but is not limited to feed silos, silage bunkers, and bedding materials. The waste containment area includes but is not limited to settling basins, and areas within berms and diversions which separate uncontaminated storm water. Also included in the definition of production area is any egg washing or egg processing facility, and any area used in the storage, handling, treatment, or disposal of mortalities.

(xii) "Twenty-five-year, 24-hour rainfall event" and 100-year, 24-hour rainfall event mean precipitation events with a probable recurrence interval of once in 25 years, or 100 years, respectively, as defined by the National Weather Service in Technical Paper No. 40, "Rainfall Frequency Atlas of the United States," May, 1961, or equivalent regional or state rainfall probability information developed from this source.

(c) CAFO designation. The director may designate any AFO as a CAFO upon determining that it is a significant contributor of pollutant s to surface waters of the state. The director may also designate an AFO as a CAFO at the request of the Regional Administrator, but only where the Regional Administrator has determined that one or more pollutants in the AFOs discharge contributes to an impairment in a downstream or adjacent state water that is impaired for that pollutant.

(i) In making this designation, the director shall consider the following factors:

(A) The size of the AFO and the amount of wastes reaching surface waters of the state;

(B) The location of the AFO relative to surface waters of the state;

(D) The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes manure and process waste waters into surface waters of the state; and

(E) Other relevant factors.

(ii) No AFO shall be designated under these regulations unless the director or the Regional Administrator has conducted an on-site inspection of the operation and determined that the operation should and could be regulated under the WYPDES permit program. In addition, no AFO with numbers of animals below the minimum numbers established in Appendix G (b) (vii) (A) may be designated as a CAFO unless:

(A) Pollutants are discharged into surface waters of the state through a manmade ditch, flushing system, or other similar manmade device; or

(B) Pollutants are discharged directly into surface waters of the state which originate outside of the facility and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

(d) Application for permit and exceptions.

(i) All CAFO owners and operators must seek coverage under a WYPDES permit, except as provided in Appendix G (d) (ii) of these regulations. If the director has not made a general permit available, the CAFO owner or operator must submit an application for an individual permit to the director.

(ii) Exception. An owner or operator of a large CAFO does not need to seek coverage under a WYPDES permit otherwise required by this section once the owner or operator has received from the director notification of a determination under Appendix G (f) of these regulations that the CAFO has "no potential to discharge" manure, litter or process wastewater.

(iii) New and existing concentrated animal feeding operations shall provide the following information, in addition to that described in Section 5(a) (v) for individual permits, to the administrator, using an application form provided by the administrator.

(A) The type and number of animals in open confinement and housed under roof;

(B) The type of containment and storage (anaerobic lagoon, roofed storage shed, storage ponds, underfloor pits, above ground storage tanks, below ground storage tanks, concrete pad, impervious soil pad, other) and total capacity for manure, litter, and process wastewater storage (tons/gallons);

(C) The total number of acres under control of the applicant available for land application of manure, litter, or process wastewater;

(D) The number of acres used for confinement feeding;

(E) Estimated amounts of manure, litter and process wastewater generated per year (tons/gallons);

(F) Estimated amounts of manure, litter and process wastewater transferred to other persons per year (tons/gallons);

(G) The design basis for the runoff diversion and controls system, if one exists, including the number of acres of contributing drainage, the storage capacity, and the design safety factor to ensure no discharge except under conditions of a 25-year 24-hour, or greater, storm event; and

(H) A nutrient management plan, in accordance with Appendix G (i) developed and implemented upon the date of coverage.

(e) Land application discharges from a CAFO are subject to WYPDES requirements. The discharge of manure, litter or process wastewater to surface waters of the state from a CAFO as a result of the application of that manure, litter or process wastewater by the CAFO to land areas under its control is a discharge from that CAFO subject to WYPDES permit requirements, except where it is an agricultural storm water discharge as provided in 33 U.S.C. 1362(14). For purposes of Appendix G (e), where the manure, litter or process wastewater has been applied in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater, as specified in Appendix G (i) (ii) (F) - (H) a precipitation related discharge of manure, litter or process wastewater from land areas under the control of a CAFO is an agricultural storm water discharge.

(f) "No potential to discharge" determination for large CAFOs.

(i) Determination by the director. The director, upon request, may make a case-specific determination that a large CAFO has "no potential to discharge" pollutants to surface waters of the state. In making this determination, the director must consider the potential for discharges from both the production area and any land application areas. The director must also consider any record of prior discharges by the CAFO. In no case may the CAFO be determined to have "no potential to discharge" if it has had a discharge within the five (5) years prior to the date of the request submitted under Appendix G (f) (ii). For purposes of this section, the term "no potential to discharge" means that there is no potential for any CAFO manure, litter or process wastewater to be added to surface waters of the state under any circumstances or climatic condition. A determination that there is "no potential to discharge" for purposes of this section only relates to discharges of manure, litter and process wastewater covered by this appendix.

(ii) Information to support a "no potential to discharge request". In requesting a determination of "no potential to discharge," the CAFO owner or operator must submit any information that would support such a determination, within the time frame provided by the director and in accordance with Appendix G (g) and (h) of these regulations. Such information must include all of the information specified in Appendix G (f) and (i) (i) and Section 5(a) of these regulations. The director has discretion to require additional information to supplement the request, and may also gather additional information through on-site inspection of the CAFO.

(iii) Process for making a "no potential to discharge" determination. Before making a final decision to grant a "no potential to discharge" determination, the director must issue a notice to the public stating that a "no potential to discharge" request has been received. This notice must be accompanied by a fact sheet which includes, when applicable:

(A) A brief description of the type of facility or activity which is the subject of the "no potential to discharge" determination;

(B) A brief summary of the factual basis, upon which the request is based, for granting the "no potential to discharge" determination; and

(iv) The director must base the decision to grant a "no potential to discharge" determination on the administrative record, which includes all information submitted in support of a "no potential to discharge" determination and any other supporting data gathered by the administrator. The director must notify any CAFO seeking a "no potential to discharge" determination of its final determination within 90 days of receiving the request.

(v) Deadline for requesting a "no potential to discharge" determination. The owner or operator must request a "no potential to discharge" determination by the applicable permit application date specified in Appendix G (g) of these regulations. If the director's final decision is to deny the "no potential to discharge" determination, the owner or operator must seek coverage under a permit within 30 days after the denial.

(vi) The "no potential to discharge" determination does not relieve the CAFO from the consequences of an actual discharge. Any unpermitted CAFO that discharges pollutants into surface waters of the state is in violation of the CWA, the Environmental Quality Act and these regulations even if it has received a "no potential to discharge" determination from the director. Any CAFO that has received a determination of "no potential to discharge," but who anticipates changes in circumstances that could create the potential for a discharge, should contact the director, and apply for and obtain permit authorization prior to the change of circumstances.

(vii) The director retains authority to require a permit. Where the director has issued a determination of "no potential to discharge," the director retains the authority to subsequently require WYPDES permit coverage if circumstances at the facility change, if new information becomes available, or if there is other reason for the director to determine that the CAFO has a potential to discharge.

(g) Deadlines to apply.

(i) For operations that are defined as CAFOs under regulations that were in operation prior to April 14, 2003, the owner or operator must have or sought to obtain coverage under a WYPDES permit as of April 14, 2003, and comply with all applicable WYPDES requirements, including the duty to maintain permit coverage in accordance with Appendix G (h) of these regulations.

(ii) Owners or operators of operations defined as CAFOs as of April 14, 2003, who were not defined as CAFOs prior to that date must seek to obtain coverage under a WYPDES permit by a date specified by the director, but no later than February 13, 2006.

(iii) Operations that become defined as CAFOs after April 14, 2003, but which are not new sources. For AFOs that make changes to their operations that result in becoming defined as CAFOs for the first time, after April 14, 2003, but are not new sources, the owner or operator must seek to obtain coverage under a WYPDES permit, as follows:

(A) Facilities defined as CAFOs resulting from operational changes (e,g. resulting from an increase in the number of animals), as soon as possible but no later than 90 days after becoming defined as a CAFO; except that

(B) If an operational change that makes the operation a CAFO would not have made it a CAFO prior to April 14, 2003, the operation has at least until April 13, 2006, or 90 days after becoming defined as a CAFO, whichever is later.

(iv) New sources. New sources must seek to obtain coverage under a permit at least 1 80 days prior to the time that the CAFO commences operation, unless otherwise approved by the administrator.

(v) Operations that are designated as a CAFO in accordance with Appendix G (c) of these regulations, the owner or operator must seek to obtain coverage under a permit no later than 90 days after receiving notice of the designation.

(vi) "No potential to discharge." Notwithstanding any other provision of this section, a CAFO that has received a "no potential to discharge" determination in accordance with Appendix G (f) of these regulations is not required to seek coverage under a WYPDES permit that would otherwise be required by this section. If circumstances materially change at a CAFO that has received a "no potential to discharge" determination, such that the CAFO has a potential for a discharge, the CAFO shall immediately notify the director, and seek coverage under a WYPDES permit within 30 days after the change in circumstances.

(h) Duty to maintain permit coverage. Not later than 1 80 days before the expiration of the permit, the permittee must submit an application to renew its permit, in accordance with Section 9 of these regulations. However, the permittee need not continue to seek continued permit coverage or reapply for a permit if:

(i) The facility has ceased operation or is no longer a CAFO; and

(ii) The permittee has demonstrated to the satisfaction of the director that there is no remaining potential for a discharge of manure, litter or associated process wastewater that was generated while the operation was a CAFO, other than agricultural stormwater from land application areas; or

(i) Permit conditions applicable to all CAFOs. Any permit issued to a CAFO shall include:

(i) Nutrient management plan development and implementation requirements. At a minimum, a nutrient management plan must include best management practices and procedures necessary to implement applicable effluent limitations and standards.

(A) Permitted CAFOs must have their nutrient management plans developed (or updated if a nutrient management plan was required in the existing permit) and implemented by December 31, 2006.

(B) CAFOs that seek to obtain coverage under a permit after December 31, 2006 must have a nutrient management plan developed and implemented upon the date of permit coverage.

(ii) The nutrient management plan must, to the extent applicable:

(A) Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities;

(B) Ensure proper management of mortalities (i.e., dead animals) so they are not disposed of in a liquid manure, storm water, or process wastewater storage or treatment system that is not specifically designed to treat animal mortalities;

(D) Prevent direct contact of confined animals with surface waters of the state;

(E) Ensure that chemicals and other contaminants handled on-site, are not disposed of in any manure, litter, process wastewater, or storm water storage or treatment system unless specifically designed to treat such chemicals and other contaminants;

(F) Identify appropriate site specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to surface waters of the state;

(G) Identify protocols for appropriate testing of manure, litter, process wastewater and soil;

(H) Establish protocols to land apply manure, litter or process wastewater in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater; and

(I) Identify specific records that will be maintained to document the implementation and management of the minimum elements described in Appendix G (i) (ii) (A through H).

(iii) Record keeping requirements.

(A) The permittee must create, maintain for five (5) years, and make available to the director, upon request, the following records:

(I) All applicable records identified pursuant to Appendix G (i) (i) (I) of these regulations.

(II) All CAFOs subject to these regulations must comply with the record keeping requirements of Appendix G (i) (iii) (B) and (C).

(B) Record keeping requirements for the production area. Each CAFO must maintain on-site for a period of five (5) years from the date they are created a complete copy of the information required by Appendix G (d) (iii) and Appendix G (i) (ii) (I) and the records specified in Appendix G (i) (iii) (I) through (VI) of these regulations. The CAFO must make these records available to the director and or his designee upon request.

(I) Records documenting the inspections required under Appendix G (m) (ii) (C) (I) of these regulations.

(II) Weekly records of the depth of the manure and process wastewater in the liquid impoundment as indicated by the depth marker under Appendix G (m) (ii) (C) (II) of these regulations.

(III) Records documenting any actions taken to correct deficiencies required under Appendix G (m) (ii) (C) (III) of these regulations. Deficiencies not corrected within 30 days must be accompanied by an explanation of the factors preventing immediate correction.

(IV) Records of mortalities management and practices used by the CAFO to meet the requirements of Appendix G (m) (ii) (C) (IV) of these regulations.

(V) Records documenting the current design of any manure or litter storage structures, including volume for solids accumulation design treatment volume, total design volume, and approximate number of days of storage capacity.

(VI) Records of the date, time, and estimated volume of any overflow.

(C) Record keeping requirements of the land application area. Each CAFO must maintain on-site a copy of its site-specific nutrient management plan. Each CAFO must maintain on-site for a period of five (5) years from the date they created a complete copy of the information required by Appendix G (j) (ii), Appendix G (i) (i) and (ii), and the records specified in Appendix G (i) (iii) (C) (I through IX) of these regulations. The CAFO must make these records available to the director or his designee, for review upon request.

(I) The date(s) manure, litter, or process waste water is applied to each field;

(II) Weather conditions at time of application and for 24-hours prior to and following application;

(III) Test methods used to sample and analyze manure, litter, process waste water, and soil;

(IV) Results from manure, litter, process waste water, and soil sampling;

(V) Explanation of the basis for determining manure application rates;

(VI) Calculations showing the total nitrogen and phosphorus to be applied to each field, including sources other than manure, litter, or process wastewater;

(VII) Total amount of nitrogen and phosphorus actually applied to each field, including documentation of calculations for the total amount applied;

(VIII) The method used to apply the manure, litter, or process wastewater;

(IX) Date(s) of manure application equipment inspection.

(D) A copy of the CAFO's site-specific nutrient management plan must be maintained on site and made available to the director upon request.

(iv) Requirements relating to transfer of manure or process wastewater to other persons. Prior to transferring manure, litter or process wastewater to other persons. Large CAFOs must provide the recipient of the manure, litter or process wastewater with the most current nutrient analysis. The analysis provided must be consistent with requirements of this appendix. Large CAFOs must retain for five (5) years records of the date, recipient name and address, and approximate amount of manure, litter or process wastewater transferred to another person.

(v) Annual reporting requirements for CAFOs. The permittee must submit an annual report to the administrator. The annual report must include:

(A) The number and type of animals, whether in open confinement or housed under roof (buffalo, beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, other);

(B) Estimated amount of total manure, litter and process wastewater generated by the CAFO in the previous 12 months (tons/gallons);

(C) Estimated amount of total manure, litter and process waste water transferred to other person(s) by the CAFO in the previous 12 months (ton/gallons);

(D) Total number of acres for land application covered by the nutrient management plan developed in accordance with Appendix G (i) (i) of these regulations;

(E) Total number of acres under control of the CAFO that were used for land application of manure, litter, and process wastewater in the previous 12 months;

(F) Summary of all manure, litter and process wastewater discharges from the production area that have occurred in the previous 12 months, including date, time, and approximate volume; and

(G) A statement indicating whether the current version of the CAFO's nutrient management plan was developed or approved by a certified nutrient management planner.

(j) This paragraph applies to manure, litter, and/or process wastewater discharges resulting from CAFOs.

(i) General pretreatment standards. Any source subject to Appendix G (j) that introduces process wastewater pollutants into a publicly owned treatment works (POTW) must comply with the general pretreatment regulations of 40 CFR 403.

(ii) Best Management Practices (BMPs) for land application of manure, litter, and process wastewater.

(A) Appendix G (j) (ii) applies to any CAFO subject to Appendix G (m) of these regulations (buffalo, dairy and beef cattle other than veal calves) Appendix G (n) of these regulations (swine, poultry, and veal calves).

(B) Specialized definitions.

(I) "Setback" means a specified distance from surface waters of the state or potential conduits to surface water where manure, litter, and process wastewater may not be land applied. Examples of conduits to surface waters of the state include but are not limited to: open tile line intake structures, sinkholes, and agricultural well heads.

(II) "Vegetated buffer" means a narrow, permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters of the state.

(III) "Multi-year phosphorus application" means phosphorus applied to a field in excess of the crop needs for that year. In multi-year phosphorus applications, no additional manure, litter, or process wastewater is applied to the same land in subsequent years until the applied phosphorus has been removed from the field via harvest and crop removal.

(C) Requirement to develop and implement best management practices. Each CAFO subject to Appendix G (j) (ii) that land applies manure, litter, or process wastewater, must do so in accordance with the following practices:

(I) Nutrient management plan. The CAFO must develop and implement a nutrient management plan that incorporates the requirements of Appendix G (j) (ii) (C) (II) through (VI) of these regulations based on field-specific assessment of the potential for nitrogen and phosphorus transport from the field and that addresses the form, source, amount, timing, and method of application of nutrients on each field to achieve realistic production goals, while minimizing nitrogen and phosphorus movement to surface waters of the state.

(II) Determination of application rates. Application rates for manure, litter, and other process wastewater applied to land under the ownership or operation control of the CAFO must minimize phosphorus and nitrogen transport from the field to surface and groundwaters of the state in compliance with technical standards, established by the director, for nutrient management. These shall include:

(1.) A field-specific assessment of the potential for nitrogen and phosphorus transport from the field to surface waters of the state, and address the form, source, amount, timing, and method of application of nutrients of each field to achieve realistic production goals, while minimizing nitrogen and phosphorus movement to surface waters of the state; and

(2.) Appropriate flexibilities for any CAFO to implement nutrient management practices to comply with technical standards, including considerations of multi-year phosphorus application on fields that do not have a high potential for phosphorus runoff to surface water, phased implementation of phosphorus-based nutrient management, and other components.

(III) Manure and soil sampling.

(1.) Manure must be analyzed for nitrogen and phosphorus content a minimum of once annually, and

(2.) The soil profile shall be analyzed a minimum of once every five (5) years for phosphorus content. The results of these analyses are to be used in determining application rates for manure, litter, and other process wastewater.

(IV) Inspect land application equipment for leaks. The operator must periodically inspect equipment used for land application of manure, litter, or process wastewater.

(V) Setback requirements. Unless the CAFO exercises one of the compliance alternatives provided for in Appendix G (j) (ii) (V) (i) or (j) (ii) (V) (ii) of these regulations, manure, litter, and process wastewater may not be applied closer than 100 feet to any down-gradient surface waters of the state, open tile line intake structures, sinkholes, agricultural well heads, or other conduits to surface waters of the state.

(1.) Vegetated buffer compliance alternative. As a compliance alternative, the CAFO may substitute the 100-foot setback with a 35 foot wide vegetated buffer where applications of manure, litter, or process wastewater are prohibited.

(2.) As a compliance alternative, the CAFO may demonstrate that a setback or buffer is not necessary because implementation of alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions that would be achieved by the 100 foot setback.

(k) Effluent Limitations Applicable to Horses and Sheep.

(i) This paragraph applies to discharges resulting from the production areas at horse and sheep CAFOs.

(ii) Except as provided in Section 8 of these regulations and subject to the provisions of Appendix G (j) (iii) (C), any point source subject to this source must have no discharge of process waste water pollutants to surface waters of the state.

(iii) Process waste pollutants in the overflow may be discharged to surface waters of the state whenever rainfall events, either chronic or catastrophic, cause an overflow of process waste water from a facility designed, constructed and operated to contain all process generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the point source.

(l) Effluent limitations applicable to ducks.

(i) This paragraph applies to discharges resulting from the production areas at dry lot and wet lot duck CAFOs.

(ii) Special definitions.

(A) "Dry lot" means a facility for growing ducks in confinement with a dry litter floor cover and no access to swimming areas.

(B) "Wet lot" means a confinement facility for raising ducks which is open to the environment, has a small number of sheltered areas, and with open water runs and swimming areas to which ducks have free access.

(iii) Except as provided in Section 8 of these regulations and subject to the provisions of Appendix G (j) (iv) (C), any point source subject to this source must have no discharge of process waste water pollutants to surface waters of the state.

(iv) Process waste pollutants in the overflow may be discharged to surface waters of the state whenever rainfall events, either chronic or catastrophic, cause an overflow of process waste water from a facility designed, constructed and operated to contain all process generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the point source.

(m) Effluent limitations applicable to buffalo, dairy cows and cattle other than veal calves.

(i) This paragraph applies to discharges resulting from the production areas at the following types of CAFOs:

(A) Mature dairy cows (either milking or dry).

(B) Cattle other than mature dairy cows which includes, but is not limited to heifers, steers, and bulls.

(ii) Except as provided in Section 8 of these regulations and subject to the provisions of Appendix G (j) (iii) (C), any point source subject to this source must meet the following limitations:

(A) There shall be no discharge of manure, litter, or process wastewater pollutants into surface waters of the state from the CAFO production area, except under the following conditions:

(I) Whenever precipitation causes an overflow of manure, litter, or process wastewater, pollutants in the overflow may be discharged to surface waters of the state provided:

(1.) The production area is designed, constructed, operated and maintained to contain all manure, litter, and process wastewater including the runoff and the direct precipitation from a 25-year, 24-hour rainfall event.

(2.) The production area is operated in accordance with the additional measures and records required by Appendix G (i) (iii) (B) and Appendix G (m) (ii) (C) of these regulations.

(II) Voluntary alternative performance standards. Any CAFO subject to Appendix G (m) of these regulations may request the administrator to establish WYPDES permit effluent limitations based upon site-specific alternative technologies that achieve a quantity of pollutants discharged from the production area equal to or less than the quantity of pollutants that would be discharged under the baseline performance standards as provided by Appendix G (m) (ii) (A) of these regulations.

(1.) Supporting information. In requesting site-specific effluent limitations to be included in the WYPDES permit, the CAFO owner or operator must submit a supporting technical analysis and any other relevant information and data that would support such site-specific effluent limitations within the time frame provided by the director. The supporting technical analysis must include calculation of the quantity of pollutants discharged, on a mass basis where appropriate, based on a site specific analysis of a system designed, constructed, operated, and maintained to contain all manure, litter, and process wastewater, including the runoff from a 25-year, 24-hour rainfall event. The technical analysis of the discharge of pollutants must include:

(a.) All daily inputs to the storage system, including manure, litter, all process waste waters, direct precipitation, and runoff.

(b.) All daily outputs from the storage system, including losses due to evaporation, sludge removal, and the removal of waste water for use on cropland at the CAFO or transport off site.

(c.) A calculation determining the predicted median annual overflow volume based on a 25-year period of actual rainfall data applicable to the site.

(d.) Site-specific pollutant data, including N, P, BOD₅, TSS, for the CAFO from representative sampling and analysis of all sources of input to the storage system, or other appropriate pollutant data.

(e.) Predicted annual average discharge of pollutants, expressed where appropriate as a mass discharge on a daily basis (lbs/day), and calculated considering (A through D above).

(2.) The administrator has the discretion to request additional information to supplement the supporting technical analysis, including inspection of the CAFO.

(III) The CAFO shall attain the limitations and requirements of this paragraph as of the date of permit coverage.

(B) Discharges from land application areas are subject to the following requirements:

(I) Develop and implement the best management practices specified in Appendix G (j) (ii) of these regulations.

(II) Maintain the records specified in Appendix G (i) (iii) (C) of these regulations.

(III) Attain the limitations and requirements for discharges form land application areas as of the date of permit coverage.

(C) Additional measures. Each CAFO subject Appendix G (m) of these regulations must implement the following requirements:

(I) Visual Inspections. There must be routine visual inspections of the CAFO production area. At a minimum, the following must be visually inspected:

(1.) Weekly inspections of all storm water diversion devices, runoff diversion structures, and devices channeling contaminated storm water to the wastewater and manure storage and containment structure;

(2.) Daily inspection of water lines, including drinking water or cooling water lines and documented weekly at a minimum, for the purpose of identifying leaks, corrosion, mechanical defects or other conditions that may result in an inadvertent discharge from the facility;

(3.) Weekly inspections of the manure, litter, and process wastewater impoundments; the inspection will note the level in liquid impoundments as indicated by the depth marker in paragraph (E) (II) of this appendix; and

(4.) The visual inspection requirements may be waived if insurmountable or dangerous weather conditions exist and the weather conditions justifying the waiver are documented.

(II) Depth marker. All open surface liquid impoundments must have a depth marker which clearly indicates the minimum capacity necessary to contain the runoff and direct precipitation of the 25-year, 24-hour rainfall event.

(III) Corrective actions. Any deficiencies found as a result of these inspections must be corrected as soon as possible.

(IV) Mortality handling. Mortalities must not be disposed of in any liquid manure or process wastewater system, and must be handled in such a way as to prevent the discharge of pollutants to surface water, unless alternative technologies pursuant to Appendix G (m) (ii) (II) and approved by the director are designed to handle mortalities.

(n) Effluent limitations applicable to swine, poultry, and veal calves.

(i) This paragraph applies to discharges resulting from the production areas at the following types of CAFOs:

(A) Swine,

(B) Chickens,

(D) Veal calves.

(ii) Except as provided in Section 8 of these regulations, any point source subject to this source must meet the following limitations.

(iii) There shall be no discharge of manure, litter, or process wastewater pollutants into surface waters of the state from the CAFO production area, except under the following conditions.

(A) Waste management and storage facilities are designed, constructed, operated, and maintained to contain all manure, litter, and process wastewater including the runoff and the direct precipitation from a 100-year, 24-hour rainfall event and operated in accordance with the additional measures and records required by Appendix G (i) (iii) (B) and Appendix G (n) (vi) (A) of these regulations.

(B) The production area is operated in accordance with additional measures required by Appendix G (i) (iii) (B) and Appendix G (n) (vi) of these regulations.

(C) The discharge is an upset/bypass consistent with the provisions for upset/bypass, as provided in Section 5(c) (i) (Z) and (AA) of these regulations.

(iv) Discharges from land application areas are subject to the following requirements.

(A) Develop and implement the best management practices specified in Appendix G (j) (ii) of these regulations.

(B) Maintain the records specified in Appendix G (i) (iii) (C) of these regulations.

(C) Attain the limitations and requirements for discharges from land application areas as of the date of permit coverage.

(v) Voluntary superior environmental performance standards. Any new source CAFO subject to Appendix (G) (n) may request the director to establish alternative WYPDES permit limitations based upon a demonstration that site-specific innovative technologies will achieve overall environmental performance across all media which is equal to or superior to the reductions achieved by baseline standards as provided by Appendix G (n) (iii). The quantity of pollutants discharged from the production area must be accompanied by an equivalent or greater reduction in the quantity of pollutants released to other media from the production area (e.g., air emissions from housing and storage) and/or land application areas for all manure, litter, and process wastewater at on-site and off-site locations. The comparison of quantity of pollutants must be made on a mass basis where appropriate. The director has the discretion to request supporting information to supplement such a request.

(vi) Additional measures. Each CAFO subject to Appendix G (n) of these regulations must implement the following requirements:

(A) Visual inspections. There must be routine visual inspections of the CAFO production area. At a minimum, the following must be visually inspected:

(I) Weekly inspections of all storm water diversion devices, runoff diversion structures, and devices channeling contaminated storm water to the wastewater and manure storage and containment structure;

(II) Daily inspection of water lines, including drinking water or cooling water lines;

(III) Weekly inspections of the manure, litter, and process wastewater impoundments; the inspection will note the level in liquid impoundments as indicated by the depth marker in paragraph (E) (II) of this appendix.

(B) Depth marker. All open surface liquid impoundments must have a depth marker which clearly indicates the minimum capacity necessary to contain the runoff and direct precipitation of the 100-year, 24-hour rainfall event.

(D) Mortality handling. Mortalities must not be disposed of in any liquid manure or process wastewater system, and must be handled in such a way as to prevent the discharge of pollutants to surface water, unless alternative technologies pursuant to Appendix G (n) (v) and approved by the director are designed to handle mortalities.