Ala. Admin. Code r. 335-13-16-.08

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-13-16-.08 - Operating Criteria For Food Processing Residuals Treatment Impoundments

(1) FPR Treatment Impoundments must adhere to all requirements for Distributors as specified in ADEM Admin. Code ch. 335-13-16, including the additional requirements specified in ADEM Admin. Code r. 335-13-16-.07.

(2) The registrant shall ensure that all contents of the impoundment(s) are retained except as permitted under ADEM Admin. Code chap. 335-6-6.

(3) Location of FPR Treatment Impoundments must comply with all buffer zones in accordance with ADEM Admin. Code r. 335-13-16-.05(4).

(4) FPR Treatment Impoundments must have an appropriate volume-to-surface area ratio to facilitate sufficient retention time for effective and efficient treatment to protect human health and the environment. Details documenting this must be provided in the NMP.

(5) FPR Treatment Impoundments must be NRCS certified. Documentation of certification must be submitted to the Department before operation begins. In the case of existing FPR Treatment Impoundments, the registrant must obtain certification that the impoundment was constructed to current engineering standards to document the integrity of the impoundment.

(6) The FPR Treatment Impoundment must maintain at all times sufficient freeboard to contain a twenty-four (24) hr/twenty-five (25) yr rain event or at least twenty-four (24) inches of freeboard, whichever is greater. The Department may consider an equivalent alternate overflow management system(s), as warranted (e.g. additionally available freeboard in an adjacent impoundment, nearby tank, etc.). Run-on controls shall be implemented to protect the FPR Treatment Impoundment from excess stormwater from the surrounding watershed.

(7) At the deepest point of the impoundment, the grease cap thickness shall not exceed twenty-five (25) % of the maximum operational depth at any given time, regardless of season.

(8) Treated FPR Material Requirements.

(a) An NMP and OP as defined by ADEM Admin. Code r. 335-13-16-.04(2)(c) and (d) is required with the following additions:

1. The Treated FPR Material application rate will be based on nutrient analysis (agronomic rate) and retention time (treatment level); and

2. NMP must include a sludge (bottom solids) management plan for the impoundment(s).

(b) Treated FPR Material must comply with ADEM Admin. Code r. 335-13-16-.07(1) and (3) and ADEM Admin. Code r. 335-13-16-.04(2)(c)10.

(c) Application of Treated FPR Material must adhere to all buffer zones listed in ADEM Admin. Code r. 335-13-16-.05(4).

(9) Reporting Requirements.

(a) All applications must include testing results described in ADEM Admin. Code r. 335-13-16-.07(3). Materials must be tested according to the NMP and annual reporting requirements as required by ADEM Admin. Code r. 335-13-16-.09. Application surface and substrate must be tested for all constituents listed in ADEM Admin. Code r. 335-13-16 -Appendix I, nitrogen, phosphorus, and other constituents as required by the Department.

(b) Renewal applications and annual reports must include all information required in ADEM Admin Code r. 335-13-16-.09, in addition to the following:

1. Amounts of FPR received and amounts of Treated FPR Material applied throughout the calendar year;

2. Counties where Treated FPR Material was applied;

3. Nutrient value testing results and agronomic loading rates; and

4. The results from testing required in ADEM Admin. Code r. 335-13-16-.07(3) and the fecal coliform test results required in ADEM Admin. Code r. 335-13-16-.04(2)(c)10.

Ala. Admin. Code r. 335-13-16-.08

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022.

Authors: S. Scott Story; Richard T. Kelsey

Statutory Authority: Code of Ala. 1975, §§ 22-27-9, 22-27-12.