Ariz. Admin. Code § 18-9-403

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-9-403 - Nitrogen Management General Permits: Concentrated Animal Feeding Operations

A. An owner or operator may discharge from a concentrated animal feeding operation without submitting a notice to the Director, if the owner or operator complies with the following best management practices:

1. Harvest, stockpile, and dispose of animal manure from a concentrated animal feeding operation to minimize discharge of any nitrogen pollutant by leaching and runoff;

2. Control and dispose of nitrogen-contaminated water resulting from an activity associated with a concentrated animal feeding operation, up to a 25-year, 24-hour storm event equivalent, to minimize the discharge of any nitrogen pollutant;

3. Following the requirements in subsection (B), construct and maintain a lining for an impoundment, used to contain process wastewater or contact stormwater from a concentrated animal feeding operation to minimize the discharge of any nitrogen pollutant; and

4. Close a facility in a manner that will minimize the discharge of any nitrogen pollutant. If a liner was used in an impoundment:

a. Remove liquids and any solid residue on the liner and dispose appropriately;

b. Inspect any synthetic liner for evidence of holes, tears, or defective seams that could have leaked. If evidence of leakage is discovered:

i. Remove the liner in the area of suspected leakage,

ii. Sample potentially impacted soil, and

iii. Properly dispose of impacted soil or restore to background nitrogen levels;

c. Cover the liner in place or remove it for disposal or reuse if the impoundment is an excavated impoundment,

d. Remove and dispose of the liner elsewhere if the impoundment is bermed;

e. Grade the facility to prevent the impoundment of water; and

f. Notify the Department within 60 days following closure.

B. Lining requirements for concentrated animal feeding operation impoundments.

1. New impoundments. The owner or operator shall:

a. Follow the NRCS guidelines for any newly constructed impoundment or an impoundment first used after November 12, 2005, and

b. Use a coefficient of permeability of 1 X 10-7 centimeters per second or less as acceptable liner performance. The owner or operator may include up to 1 order of magnitude reduction in permeability from manure sealing in impoundments that hold wastes having manure as a significant component.

2. Impoundments already in use.

a. The owner or operator shall maintain the existing seal for any impoundment first used before November 12, 2005.

b. If any of the following conditions exist at a concentrated animal feeding operation, the Director shall send a notice requiring the owner or operator to reassess the performance of the lining system:

i. The concentrated animal feeding operation is located within a Nitrogen Management Area designated under R18-9-A317; or

ii. Existing conditions or trends in nitrogen loading to an aquifer will cause or contribute to an exceedance of an Aquifer Water Quality Standard for a nitrogen pollutant at the point of compliance determined under A.R.S. § 49-244, based on the following information:

(1) Existing contamination of groundwater by nitrogen species;

(2) Existing and potential impact to groundwater by sources of nitrogen other than the concentrated animal feeding operation;

(3) Characteristics of the soil surface, vadose zone, and aquifer;

(4) Depth to groundwater;

(5) The estimated operational life of the impoundment;

(6) Location and characteristics of existing and potential drinking water supplies;

(7) Construction material and design of existing impoundment structure; and

(8) Any other information relevant to determining the severity of actual or potential nitrogen impact on the aquifer.

c. The owner or operator shall, within 90 days of the Director's notice, submit either:

i. A report to the Department demonstrating consistency with NRCS guidelines and the acceptable liner performance criteria established in subsection (B)(1)(b); or

ii. Plans and a schedule to upgrade the liner for the impoundment to meet the NRCS guidelines and the acceptable liner performance criteria in subsection (B)(1)(b). The Director may provide additional time for the submittal of the plans and a schedule for upgrade, if the owner or operator demonstrates that technical or financial assistance to develop the plans is needed.

d. Preliminary decision.

i. Within 90 days from the date of receipt, the Director shall review the report or the plans submitted under subsection (B)(2)(c) and provide to the owner or operator a preliminary decision on the submittal.

ii. The owner or operator may, within 30 days of the preliminary decision, submit written comments and supporting information to the Director on the preliminary decision.

iii. The Director shall evaluate any comments on the preliminary decision and supporting information and, within 90 days of receipt of the comments and information, make a final decision.

e. Final decision.

i. If the Director determines that the owner or operator has demonstrated that the lining system meets NRCS guidelines and the acceptable performance criteria in subsection (B)(1)(b), no additional action is necessary.

ii. If the Director approves the plans and schedules under subsection (B)(2)(c)(ii), the owner or operator shall implement the plans within the time-frame specified in the approved schedule.

iii. If the Director determines that the owner or operator failed to demonstrate that the lining system meets NRCS guidelines and the acceptable performance criteria in subsection (B)(1)(b) or that the schedule to upgrade the lining is not acceptable, the owner or operator shall upgrade the lining system within a time-frame specified by the Director.

iv. The owner or operator may appeal the Director's decision under A.R.S. Title 41, Chapter 6, Article 10.

3. Notification requirement. The owner or operator of any lined impoundment shall either:

a. Notify the Department of the type of liner that was used to line each impoundment by February 19 of each year following either:

i. The first use of an impoundment not used before November 12, 2005; or

ii. Completion of a liner upgrade required under this Section for an impoundment used before November 12, 2005; or

b. Include the information required in subsections (B)(3)(a)(i) and (ii) in the next annual report submitted for the AZPDES Concentrated Animal Feeding Operation General Permit, issued under 18 A.A.C. 9, Article 9, Part C.

Ariz. Admin. Code § R18-9-403

Adopted effective January 4, 1991 (Supp. 91-1). Section R18-9-403 renumbered from R18-9-203 and amended by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).