014-00-14 Ark. Code R. § 3
The following rules and regulations of the Arkansas Pollution Control and Ecology Commission adopted pursuant to the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8-4-101et seq.), shall be known as Regulation No. 5, Liquid Animal Waste Management Systems.
The purpose of this regulation is to establish the minimum qualifications, standards and procedures for issuance of permits for confined animal operations using liquid animal waste management systems within the state and for the issuance of permits for land application sites within the state. This regulation provides management, operational and maintenance procedures necessary to prevent point source pollution and minimize nonpoint source pollution to the waters of the state and control to the degree practicable the generation of offensive odors by regulated confined animal operations. The siting and separation requirements set forth in this regulation are intended to protect water quality, to protect public health, and to abate odor. In order to minimize odor, the Arkansas Pollution Control and Ecology Commission's policy is to encourage permittees to adopt a good neighbor pohcy and consider the use of chemical or biological additives or other best management practices in the operation of liquid animal waste management systems.
The provisions of this regulation are applicable to the operation of hog, poultry or dairy farms or other confined animal operations using liquid animal waste management systems.
It shall be the policy of the Department to provide a reasonable time for holders of existing permits to comply with new or revised provisions of this regulation. Holders of existing permits shall achieve compliance with this regulation at the earliest practicable time, not to exceed five years from the effective date of the regulation.
Any confined animal operation using a liquid waste disposal system shall be exempt from the requirements of this regulation if the owner or operator obtains and maintains active coverage under either an National Pollutant Discharge Elimination System individual or general permit for discharges from a concentrated animal feeding operation.
The following definitions shall apply:
Actmeans the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8-4-lOl et seq.
Animal feeding operation(AFO) means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: animals (other than aquatic 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 crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
Best Management Practicesmeans schedules of activities, prohibited activities, maintenance procedures and management practices that prevent or reduce pollution of the waters of the state as set forth in this regulation and the General Permit.
Commissionmeans the Arkansas Pollution Control and Ecology Commission
Confined Animal Operationmeans any lot or facility where livestock, fowl, or other animals have been, are or will be stabled or confined and fed or maintained and where crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over significant portions of the lot or facility.
Concentrated animal feeding operation(CAFO) means an AFO that is defined as a Large CAFO or as a Medium CAFO pursuant to 40 CFR 122.23, or that is designated as a CAFO in accordance with 40 CFR 122.23(c). Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes.
Departmentmeans the Arkansas Department of Environmental Quality, or its successor.
Directormeans the Director of the Arkansas Department of Environmental Quality or his/her designated representative.
Liquid Animal Waste Management Systemmeans any system used for the collection, storage, distribution or disposal of animal waste in liquid form generated by a confined animal oneration.
Site Management Planmeans a plan prepared by the United States Department of Agriculture Natural Resource Conservation Service, an Arkansas Natural Resources Commission water quality technician, Certified Nutrient Management Planner, the University of Arkansas Cooperative Extension Service, or a professional engineer registered in the state of Arkansas which includes a detailed map of the land application site showing all buffer zones, a description of the land use and the crops grown on the site, and a land use agreement if the site is not owned by the permittee. In Nutrient Surplus Areas designated by Ark. Code Ann. § 15-20-1104, persons drafting nutrient management plans must be certified by the Arkansas Natural Resource Commission in accordance with Ark. Code Ann. § 15-20-1106 and Arkansas Natural Resources Commission Title 20, "Rules Governing the Arkansas Nutrient Management Planner Certification Program."
Waste Management Planmeans a plan prepared by the United States Department of Agriculture Natural Resource Conservation Service, an Arkansas Natural Resources Commission water quality technician, the University of Arkansas Cooperative Extension Service, or a professional engineer registered in the state of Arkansas detailing the management and disposal of liquid wastes generated in a confined animal operation. In Nutrient Surplus Areas designated by Ark. Code Ann. § 15-20-1104, persons drafting nutrient management plans must be certified by the Arkansas Natural Resource Commission in accordance with Ark. Code Ann. § 15-20-1106 and Arkansas Natural Resources Commission Title 20, "Rules Governing the Arkansas Nutrient Management Planner Certification Program."
Waters of the statemeans all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion of this state as defined by the Act.
Unless manifestly inconsistent with this regulation, other words and phrases used in this regulation shall have the same meaning as used in the Act.
No confined animal operation using a liquid animal waste disposal system shall be constructed or operated unless the owner has first obtained a permit from the Department.
The operator of a confined animal operation constructed and operated as authorized by permit in accordance with the provisions of this regulation shall not allow or cause a point source discharge from any part of the liquid animal waste management system.
When the Director receives any information (for example, receives information submitted by the permittee as required in the permit or by the Department) he or she may determine whether or not one or more of the causes for modification exist. If cause exists, the Director may modify the permit accordingly and may request an updated application, if necessary. When a permit is modified, only the conditions subject to modification are reopened. If cause does not exist, the Director shall not modify the permit.
If a permit modification satisfies the criteria in Reg. 5.306 for minor modifications, the permit may be modified without public notice. Otherwise, a draft permit must be prepared in accordance with Reg. 5.302 and Regulation No. 8.
Causes for modification. The following are causes for modification, but are not limited to:
Upon receipt of written consent by the permittee, the Director may modify a permit to make the changes listed in this section. Such changes will be deemed minor modifications to the permit. Minor modifications allowed under this section may be made administratively in compliance with Reg. 5.302. Any modification not made under this section shall be deemed a major modification and must follow the permitting requirements contained in Regulation No. 8.
Minor modifications may only;
No liquid animal waste management system shall be constructed, modified, or placed into operation unless in accordance with final design plans and specifications approved by the Department.
Confinement buildings, settling basins, holding ponds, and other liquid animal waste containment structures shall not be constructed within 1,320 feet of the nearest existing occupied dwelling for confined animal operations in excess of the following numbers of animals: 600 beef cattle, 430 dairy cows, 1500 finishing hogs, 600 sows, 6000 nursery pigs, 33,000 turkeys, or 130,000 chickens. A buffer distance of 500 feet shall apply to all other facilities. These buffer distances shall not apply if the existing dwelling is owned by owners or operators of the liquid animal waste management system or if the adjoining property owner consents in writing. Confined animal operations existing as of 1992 and proposing to construct a liquid animal waste containment structure in order to reduce waste/wastewater run-off to waters of the State may be considered exempt from these buffer distances by the Director. These buffer distances do not apply to confinement buildings, settling basins, holding ponds or other liquid animal waste containment structures existing as of the effective date of this regulation nor do they apply to existing structures when a liquid animal waste permit modification is required due to a change in ownership.
The subsurface investigation for earthen holding ponds and treatment lagoons suitability and liner requirements may consist of auger holes, dozer pits, or backhoe pits that should extend to at least two (2) feet below the planned bottom of the excavation. In those situations where this depth is not practical in the initial on-site subsurface investigation, the applicant shall provide additional subsurface investigation documentation to the Department.
The provisions of this Regulation No. 5 require all confined animal operations to be constructed in accordance with plans and specifications approved by the Department. Following completion of construction and prior to any operation commencing at the facility, certification that the facility was constructed in accordance with the approved plans and specifications must be submitted to the Department. This certification must be prepared by United States Department of Agriculture Natural Resource Conservation Service, an Arkansas Natural Resources Commission water quality technician, the University of Arkansas Cooperative Extension Service, or a Professional Engineer registered in the State of Arkansas. Authorization to operate the facility will not be issued until the certification is received by the Department.
A separate permit may be issued for a land application site if the operator submits an application which includes a site management plan for the land application site and a plan detailing nutrient application rates; the timing of waste application with respect to the nutrient uptake cycle of the vegetation found on the land application site(s); and waste storage and distribution method(s) prepared in accordance with the requirements of this regulation. The applicant for such a permit shall notify the Department of any contractual agreement for the use of the land as a land application site by submitting a copy of the agreement. Records of waste/wastewater application shall be kept as specified in Reg. 5.407 and shall include information regarding the source of the waste, including location and permit number if applicable. Sampling, analysis and annual reporting as specified in Reg. 5.407 are required.
Waste management plans submitted in accordance with this Regulation may include composting as an alternative to land application of liquid waste. Any such plans may provide for composting at a permitted composting facility per Arkansas Pollution Control and Ecology Commission Regulation No. 22, Solid Waste Management Rules. If no such facility is referenced in the plan, it must include sufficient detail for a determination by the Department that point or nonpoint source pollution to the waters of the State will not result from the use of this alternative.
Should a permitted confined animal operation using a liquid waste management system cease operation, the permittee shall submit to the Department a closure plan for the liquid waste system storage/treatment structure(s) within sixty (60) days of the final day of operation for Department review and approval. Within ten (10) days of completion of closure activities, the permittee must submit certification that the facility was closed in accordance with the approved plan. The closure plan and closure certification shall be prepared by the United States Department of Agriculture Natural Resource Conservation Service, an Arkansas Natural Resources Commission water quality technician, the University of Arkansas Cooperative Extension Service or a professional engineer registered in the State of Arkansas.
Arkansas Pollution Control and Ecology Commission Regulation No. 7, Civil Penalties, and Regulation No. 8: Administrative Procedures, apply to this Regulation.
If any provision of this Regulation or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Regulation which can be given effect with the invalid provision or application, and, to this end, provisions of this Regulation are declared to be severable.
This regulation is effective ten (10) days after filing with the Secretary of State, the State Library and the Bureau of Legislative Research.
014.00.14 Ark. Code R. § 003