Ala. Admin. Code r. 335-6-7-.20

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

Section 335-6-7-.20 - Plans, Specifications, And Technical Requirements

(1) No AFO animal waste management system shall be constructed, modified, repaired, or placed into operation after April 1, 1999 unless it is designed, constructed, operated, and maintained in accordance with final design plans and specifications which meet or exceed NRCS technical standards and guidelines as accepted by the Department, and the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto.

(2) No CAFO animal waste management system shall be constructed, modified, or placed into operation after April 1, 1999 unless certified by a QCP that it is designed, constructed, and can be operated and maintained in accordance with a WMSP which meets or exceeds NRCS technical standards and guidelines and as accepted by the Department, and the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto.

(3) Unless approved otherwise in writing by the Director pursuant to Rule 335-6-7-.22, new well siting and construction, and new or existing well operation and maintenance, all waste management activities including but not limited to structural designs, system plans, waste storage, handling, and transport, nutrient management, land application, dead animal disposal including incinerator and freezer siting and operation, waste product disposal, construction erosion and sediment control BMPs, spill prevention control and countermeasures (SPCC) BMPs, other necessary BMPs required for good housekeeping, and implementation of waste management practices for AFOs and CAFOs shall be in accordance with this Chapter, the requirements of the AAPCA, AWPCA, CWA, and regulations promulgated pursuant thereto, and shall meet or exceed the technical standards and guidelines contained in the NRCS Field Office Technical Guide and other approved technical publications or documents as amended, for the year that the practice was implemented, to include:

(a) Conservation Practice Standards - Field Office Technical Guide, Section IV, Standards and Specifications, February, 1990, as amended.

(b) Agricultural Waste Management Field Handbook - National Engineering Handbook Series (NEHS), Part 651, April 1992, as amended.

(c) Alternative or innovative technology implemented in accordance with Rule 335-6-7-.22.

(d) General best management and housekeeping practices implemented in accordance with Rule 335-6-7-.21.

(4) If full implementation and regular maintenance of management practices that meet or exceed NRCS technical standards or guidelines are not or will not be protective of water quality and/or reduce the generation of odors to the maximum extent practicable, the owner/operator of an AFO shall implement, within timeframes required by the Director or his designee, additional effective structural and nonstructural management practices necessary to adequately protect water quality and/or reduce the generation of odors to the maximum extent practicable.

(5) Except as provided in Rule 335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), AFO confinement buildings with a liquid waste/wastewater handling system, liquid waste storage settling basins, lagoons, holding ponds, sumps, or pits, and other animal liquid waste containment structures for new operations that are initially constructed or commence initial operation after April 1, 1999 shall be located to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AAPCA, AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case shall be constructed within 1,320 feet of the nearest existing occupied dwelling, church, school, hospital, or park.

(a) Except as provided in Rule 335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), AFO dry waste confinement buildings and dry waste storage/containment and treatment structures for new operations that are initially constructed or commence initial operation after April 1, 1999 shall be located to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AAPCA, AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case shall be constructed within 330 feet of the nearest existing occupied dwelling, church, school, hospital, or park.

(b) Except as provided in Rule 335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), any new or additional confinement buildings with a liquid waste/wastewater handling system, liquid waste storage settling basins, lagoons, holding ponds, sumps, or pits, and other animal liquid waste containment structures constructed after April 1, 1999 at existing AFO facilities shall be located to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AAPCA, AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case shall be constructed within 660 feet of the nearest existing occupied dwelling, church, school, hospital, or park.

(c) Except as provided in Rule 335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), any new or additional confinement buildings with a dry waste handling system or dry waste storage/containment and treatment structures constructed after April 1, 1999 at existing AFO facilities shall be located to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AAPCA, AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case shall be constructed within 165 feet of the nearest existing occupied dwelling, church, school, hospital, or park.

(6) Except as provided in Rule 335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), AFO confinement buildings with a liquid waste/wastewater handling system, liquid waste storage settling basins, lagoons, holding ponds, sumps, or pits, and other animal liquid waste containment structures for new operations that are initially constructed or commence initial operation after April 1, 1999 shall be located to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AAPCA, AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case shall be constructed within 500 feet of any property line.

(7) Except as provided in Rule 335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), any new or additional confinement buildings, waste/wastewater handling system, waste/wastewater transport structures, waste/wastewater treatment structures, settling basins, lagoons, holding ponds, sumps, or pits, and other agricultural waste containment/treatment structures constructed after April 1, 1999 shall be located to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case shall be constructed within 100 feet of any streams including, but not limited to, intermittent streams, ponds, lakes, springs, sinkholes, or PWS, ONRW, or OAW classified/designated waters, wells, and water supplies. Buffer distances for streams, ponds and lakes shall be measured from the ordinary high water mark. Buffer distances in excess of 100 feet may be required according to site specific conditions or according to NRCS guidelines. The Department may require additional buffer distances deemed necessary to protect waters of the State on an individual facility basis.

(8) Except as provided in Rule 335-6-7-.20(9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), or other applicable rules, and notwithstanding with provisions of paragraphs (5), (5)(b), (6), (6)(b) of this Rule, any new or additional confinement buildings with a liquid waste/wastewater handling system, or any liquid waste storage settling basins, lagoons, holding ponds, sumps, or pits, and other animal liquid waste containment structures where construction commenced on or after December 1, 2000 at new or existing AFO/CAFO facilities shall be located to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AAPCA, AWPCA, CWA, and regulations promulgated pursuant thereto, but in no case shall be constructed closer than 500 feet to an existing offsite potable water well, 200 feet to a perennial non-headwater watercourse, or PWS, ONRW, or OAW classified/designated waters and in no case shall be constructed closer than the distances from property lines as specified below.

Animal Units (AU) Minimum Buffer Distance From Property Line

Less than 1,000 500 feet

1,000 - 2,499 1,320 feet

2,500 - 3,999 2,640 feet

4,000 and greater 5,280 feet

(9) Except as provided in Rule 335-6-7-.20(8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (27), or other applicable rules, any new or additional wells installed after December 1, 2000 as defined in 335-6-7-.02 shall be located, operated, and maintained to meet or exceed applicable requirements of ADEM Administrative Code Chapter 335-9, NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AWPCA, and regulations promulgated pursuant thereto, but in no case shall be constructed within 100 feet of any confinement buildings, waste/wastewater handling system, waste/wastewater transport structures, waste/wastewater treatment structures, settling basins, lagoons, holding ponds, sumps, or pits, and other agricultural waste containment/treatment structures. Buffer distances in excess of 100 feet may be required according to site specific conditions or according to NRCS guidelines. The Department may require additional buffer distances deemed necessary to protect groundwater resources on an individual facility basis.

(10) AFO confinement buildings, dry waste storage/containment and treatment structures, liquid waste storage settling basins, lagoons, holding ponds, sumps, or pits, and other animal liquid waste containment structures shall be located to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto.

(11) AFO operations existing as of April 1, 1999 and proposing to construct/expand an animal waste containment structure in order to prevent waste/wastewater discharge or run-off to waters of the State may be considered exempt from location buffer distances specified in this Chapter by the Director if the Director or his designee determines in writing that the additional/expanded structures are necessary to assure the protection of water quality and that there is not a feasible location alternative.

(12) Location buffer distances do not apply to confinement buildings, settling basins, holding ponds, sumps or other animal waste containment structures existing prior to April 1, 1999 nor do they apply to structures existing as of April 1, 1999 when a registration modification is required due to a change in ownership.

(13) Location buffer distances from an existing occupied dwelling, church, school, hospital, park, or property line shall not apply if the existing occupied dwelling, church, school, hospital, or park is owned by owners/operators of the animal waste management system, if the adjoining property owner consents in writing through a dated, notarized document, if the adjoining property contains a deed restriction notifying the owner of the possibility of nearby AFOs, or if the area is specifically zoned for the construction and operation of CAFOs by the controlling elected governmental authority.

(14) Location buffer distances do not apply to AFO waste/wastewater storage/treatment structures in existence, or where full site preparation is complete and utility infrastructure is installed and is documented in writing, as of April 1, 1999, or to AFO waste/wastewater storage/treatment structures constructed in accordance with the requirements of this Chapter after April 1, 1999 that are completed, replaced, repaired, modernized, reconstructed, and/or refurbished on the pre-existing site/location according to NRCS technical standards and guidelines to pre-existing size and operational status provided the resultant waste/wastewater storage/treatment structure is no closer to the nearest existing occupied dwelling, church, school, hospital, park, intermittent streams, ponds, lakes, springs, or sinkholes, or PWS, ONRW, or OAW classified/designated waters, wells, and water supplies, or property line than it was prior to the work on the waste/wastewater storage/treatment structure commencing.

(15) Location buffer distances do not apply to AFO confinement buildings in existence, or where full site preparation is complete and utility infrastructure is installed and is documented in writing, as of April 1, 1999, or to AFO confinement buildings constructed in accordance with the requirements of this Chapter after April 1, 1999 that are completed, replaced, repaired, modernized, reconstructed, and/or refurbished on the pre-existing site/location to current industry design standards according to NRCS technical standards and guidelines provided the resulting confinement building is no closer to the nearest existing occupied dwelling, church, school, hospital, park, intermittent streams, ponds, lakes, springs, or sinkholes, or PWS, ONRW, or OAW classified/designated waters, wells, and water supplies, or property line than it was prior to the work on the confinement building commencing.

(16) Location buffer distances do not apply to confinement buildings, settling basins, holding ponds, sumps or other animal waste containment structures under significant, active construction in accordance with the requirements of this Chapter as of April 1, 1999 provided all earthwork and construction/building is complete as of August 1, 1999 or an alternate completion date approved by the Director or his designee in writing, and the facility is ready to be operated according to NRCS technical standards and guidelines and the requirements of this Chapter.

(17) Unless required by the Director or his designee in writing as conditions warrant on an individual facility, programmatic, or categorical basis to ensure the protection of water quality and minimization of odors to the maximum extent practicable, the requirement for AFOs to maintain buffer distances contained in this Chapter shall not apply to right-of-ways (ROWs) or easements for energy transmission or transportation (e.g. power lines, gas or water pipelines, roads, etc.). The Director or his designee may exempt in writing as conditions warrant on an individual facility, programmatic, or categorical basis the requirement to maintain buffer distances contained in this Chapter for personal pets, veterinary offices, animal hospitals, municipal zoos, etc. small concentrations or collections of animals, or confined animals, and animals subject to specific zoning or siting restrictions by a municipality or other governmental body.

(18) A subsurface investigation for earthen holding pond, pit, sump, treatment lagoon, or other earthen storage/containment structure suitability and liner requirements shall be a component of the system designee and shall be performed by the owner/operator under the supervision of and certified by a QCP, and may consist of auger holes, dozer pits, or backhoe pits at a depth to the extent necessary to determine adequacy of the specific site for waste storage. The subsurface investigation must extend at least two feet below the planned bottom grade. Subsurface investigation in soils underlain by the Demopolis or Mooreville Chalk formations of the Selma Chalk group in the Blackland Prairie major land resource area may terminate at a depth of 1 foot below the surface of the chalk [Reference:

(1) Geologic Map of Alabama, 1988, Geologic Survey of Alabama, Michael W. Szabo and Charles W. Copeland, Jr., and

(2) Land Resource Regions and Major Land Resource Areas of the United States, USDA-NRCS, SCS, Agricultural Handbook 296, MLRA 135, Alabama, Mississippi, and Arkansas Blackland Prairie]. A detailed, comprehensive geologic investigation for suitability of the site that meets or exceeds NRCS technical standards and guidelines must be performed for proposed sites in karst topography. In those situations where testing performed during the initial on-site subsurface investigation is not conclusive, the owner/operator shall conduct additional subsurface investigation as necessary and provide documentation certified by a QCP to ensure conformance with NRCS technical standards and guidelines or other additional standards required by the Director or his designee to ensure the protection of water quality. Unless relevant information is available to the contrary, compliance with this provision during design and construction of the facility will normally demonstrate that no hydrologic connection exists at the particular site.

(19) All WMSPs shall be developed to meet or exceed NRCS technical standards and guidelines and address operation of the lagoon, waste storage ponds/sumps, and other waste storage facilities, and the location, amount, and timing of land application of wastes with respect to the nutrient uptake cycle of the vegetation on the land application site(s), minimization of odors to the maximum extent practicable, and minimization of potential disease vectors and nuisance pests.

(20) Unless the AFO owner/operator contracts in writing with a valid CAWV for all waste generated, or the owner/operator properly sells or gives away in good faith the waste to another person, the comprehensive waste management system BMPs for the entire farm, facility, or operation must include written agreements for use of all land application sites with documentation that adequate land application area is readily available. If the waste is sold or given away in good faith, the owner/operator or CAWV shall retain detailed, complete records of the transaction and provide the receiver of the waste information explaining the requirements of this Chapter. AFO waste management system BMPs must meet or exceed NRCS technical standards and guidelines. A CAFO WMSP must be prepared by a QCP and must meet or exceed NRCS technical standards and guidelines. The Department may require proof of land ownership, contractual agreements, or written permission for use of land as a land application site.

(21) All AFOs shall implement effective management procedures to the maximum extent practicable to keep dry wastes under roof or effective cover and to minimize manure from the facility coming into contact with stormwater or other water or wastewater source (other than de minimus inputs as determined by the Department) at any time during production, handling/spillage, storage, treatment, transport, or other activity prior to proper land application which meets or exceeds NRCS technical standards and guidelines.

(22) Unless an alternate date is approved in writing by the Director or his designee, after April 1, 1999, all AFO lagoons and other waste storage/treatment facilities, separately or collectively/cumulatively, shall be designed, constructed, operated, and maintained to ensure sufficient storage volume to contain all dry/wet waste and wastewater, to contain contaminated stormwater resulting from runoff generated by a 25-year, 24-hour storm event, to contain uncontaminated stormwater (that cannot be separated/segregated from contaminated runoff) resulting from runoff generated by a 25-year, 24-hour storm event, and to maintain an additional minimum safety margin of at least 12 inches freeboard to prevent discharges to groundwater or surface water. Operating storage volume shall be sufficient to contain/retain all dry/wet waste and wastewater and contaminated stormwater during extended periods when waste/wastewater cannot be properly land applied during the growing season at agronomic rates due to adverse climatological or seasonal conditions (generally late fall, winter, and early spring months).

(23) All AFOs shall implement effective management procedures at all times to properly collect, manage, store, treat, transport, and dispose domestic sewage and domestic wastewater onsite or offsite in a manner that meets or exceeds NRCS technical standards and guidelines and the requirements of the Department and the ADPH.

(24) Unless extended in writing by the Director or his designee, no later than January 1, 2003, all AFOs and CAFOs in the North Alabama Area as designated in NRCS technical standards and guidelines shall implement provisions to provide for a minimum of 180 days waste/wastewater storage/retention/holding capacity and/or Department accepted management procedures that meet or exceed NRCS technical standards and guidelines to ensure effective water quality protection during periods when land application or other approved disposal alternatives are not available. After December 1, 2000, new or expanding AFOs and CAFOs in the North Alabama Area shall implement this 180 day permanent/temporary storage requirement prior to commencing initial operation and/or expanded operations.

(a) Unless extended in writing by the Director or his designee, no later than January 1, 2003, all AFOs and CAFOs in the South Alabama Area as designated in NRCS technical standards and guidelines, shall implement provisions to provide for a minimum of 120 days waste/wastewater storage/retention/holding capacity and/or Department accepted management procedures that meet or exceed NRCS technical standards and guidelines to ensure effective water quality protection during periods when land application or other approved disposal alternatives are not available. After December 1, 2000, new or expanding AFOs and CAFOs in the South Alabama Area shall implement this 120 day permanent/temporary storage requirement prior to commencing initial operation and/or expanded operations.

(25) After December 1, 2000, construction of new or expanded manure storage pits and/or new waste/wastewater storage ponds at new, expanding, or existing AFOs or CAFOs are prohibited unless the owner/operator submits in writing an affirmative demonstration acceptable to the Director or his designee that the use of new or expanded manure storage pits and/or new waste storage ponds will be protective of water quality and will provide for the minimization of odors to the maximum extent practicable. Approval of the use of new or expanded manure storage pits and/or new or expanded concentrated waste storage ponds, if granted, shall be made in writing by the Director or his designee.

(26) Eligibility for alternate or modified buffer requirements for new or expanding AFO facilities as provided in Rule 335-6-7-.20(11), (12), (13), (14), (15), (16), (17), and (27), or other applicable rules, where construction commenced, is continuing, or resumes after December 1, 2000, must be approved in writing by the Director or his designee. Adequate, dated records documenting eligibility for alternate or modified buffer requirements claimed or applied by an AFO owner/operator for new or expanded facilities where construction was ongoing as of April 1, 1999 or construction commenced after April 1, 1999, and construction was completed prior to December 1, 2000, as provided in Rule 335-6-7-.20(11), (12), (13), (14), (15), (16), (17), and (27), or other applicable rules, must be witnessed or notarized and submitted to the Department prior to June 1, 2001.

(27) Unless otherwise approved by the Director or his designee for cause in writing, notwithstanding any other provision of this Chapter, existing or previously constructed/operated AFOs or AFOs constructed after April 1, 1999, that are inactive, idle, or closed, that have not registered and do not confine greater than 50 animal units during any 36 month period will not be considered existing facilities, but are/will be considered as expanding facilities for the application of buffer requirements and other requirements of this Chapter at the time animal confinement greater than 50 animal units resumes.

Authors: Richard Hulcher, Steven Jenkins

Ala. Admin. Code r. 335-6-7-.20

Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed October 26, 2000; effective November 30, 2000.

Statutory Authority:Code of Ala. 1975, §§ 22-22-1 to 22-22-14; 22-28-1 to 22-28-23; 22-22A-1 to 22-22A-16etseq., as amended.