TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Chapter 192
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03; and (iv) conducts at least one public hearing on the proposed general permit.
Title of Regulation: 9VAC25-192. Virginia Pollution Abatement (VPA) General Permit Regulation for Animal Feeding Operations (amending 9VAC25-192-10 through 9VAC25-192-70; adding 9VAC25-192-25, 9VAC25-192-80, 9VAC25-192-90).
Statutory Authority: § 62.1-44.15 of the Code of Virginia.
Effective Date: November 16, 2014.
Agency Contact: Betsy Bowles, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4059, FAX (804) 698-4116, or email betsy.bowles@deq.virginia.gov.
Summary:
The State Water Control Board is reissuing the general permit regulation for animal feeding operations with a 10-year permit term that expires on November 15, 2024. The regulation governs the pollutant management activities of animal wastes at animal feeding operations not covered by a Virginia Pollutant Discharge Elimination System permit and having 300 or more animal units utilizing a liquid manure collection and storage system. These animal feeding operations may operate and maintain treatment works for waste storage, treatment, or recycling and may perform land application of manure, wastewater, compost, or sludges.
The amendments include options to (i) transfer animal waste off the farm as long as specific requirements are followed by the permittee and the end-users of the animal waste and (ii) manage imported waste materials as long as specific requirements are followed by the permittee. Amendments since publication of the proposed regulation include modification of the requirements for waste storage not under roof and removal of the option of having an employee of a soil and water conservation district with appropriate engineering approval authority certify compliance with the siting, design, and construction requirements of the permit.
CHAPTER 192
VIRGINIA POLLUTION ABATEMENT (VPA) REGULATION AND GENERAL PERMIT REGULATION FOR ANIMAL FEEDING OPERATIONS AND ANIMAL WASTE MANAGEMENT
9VAC25-192-10. Definitions.
The words and terms used in this chapter shall have the meanings defined in the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) and the Permit Regulation (9VAC25-32) unless the context clearly indicates otherwise, except that for the purposes of this chapter:
"Agricultural storm water discharge" means storm water that is not the sole result of land application of manure, litter or process wastewater. Where manure, litter or process wastewater has been applied a precipitation-related discharge of manure, litter, or process wastewater that has been applied on land areas under the control of an animal feeding operation or under the control of an animal waste end-user in accordance with a nutrient management plan approved by the Virginia Department of Conservation and Recreation and in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of an animal feeding operation is an agricultural storm water discharge.
"Animal feeding operation" means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:
1. 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
2. Crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over any portion of the operation of the lot or facility.
Two or more animal feeding operations under common ownership are a single animal feeding operation 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.
"Animal waste" means liquid, semi-solid, and solid animal manure [ , poultry waste ] and process wastewater, compost, or sludges associated with [ livestock and poultry ] animal feeding operations including the final treated wastes generated by a digester or other manure treatment technologies.
"Animal waste end-user" or "end-user" means any recipient of transferred animal waste who stores or who utilizes the waste as fertilizer, fuel, feedstock, livestock feed, or other beneficial use for an operation under his control.
"Animal waste fact sheet" means the document that details the requirements regarding utilization, storage, and management of animal waste by end-users. The fact sheet is approved by the department.
"Beneficial use" means a use that is of benefit as a substitute for natural or commercial products and does not contribute to adverse effects on health or environment.
"Confined animal feeding operation," for the purposes of this regulation, has the same meaning as an "animal feeding operation."
"Department" means the Virginia Department of Environmental Quality.
"Director" means the Director of the Virginia Department of Environmental Quality or his designee.
"Nutrient management plan" or "NMP" means a plan developed or approved by the Department of Conservation and Recreation that requires proper storage, treatment, and management of animal waste and limits accumulation of excess nutrients in soils and leaching or discharge of nutrients into state waters; except that for an animal waste end-user who is not covered under the general permit, the requirements of 9VAC25-192-90 constitute the NMP.
"Operator" means any person who owns or operates an animal feeding operation.
"Permittee" means the owner whose animal feeding operation is covered under this general permit.
"Organic source" means any nutrient source including, but not limited to, manures, biosolids, compost, and waste or sludges from animals, humans, or industrial processes, but for the purposes of this regulation it excludes waste from wildlife.
"Waste nutrient analysis rate" means a land application rate for animal waste approved by the board as specified in this regulation.
"Waste storage facility" means (i) a waste holding pond or tank used to store manure prior to land application, or (ii) a lagoon or treatment facility used to digest or reduce the solids or nutrients [ , or (iii) a structure used to store manure or waste ].
"Vegetated buffer" means a 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.
"300 animal units" means 300,000 pounds of live animal weight, or the following numbers and types of animals:
a. 300 slaughter and feeder cattle;
b. 200 mature dairy cattle (whether milked or dry cows);
c. 750 swine each weighing over 25 kilograms (approximately 55 pounds);
d. 150 horses;
e. 3,000 sheep or lambs;
f. 16,500 turkeys;
g. 30,000 laying hens or broilers.
9VAC25-192-20. Purpose; delegation of authority; effective date of permit.
A. This general permit regulation governs the pollutant management activities of animal wastes at animal feeding operations having 300 or more animal units utilizing a liquid manure collection and storage system not covered by a Virginia Pollutant Discharge Elimination System (VPDES) permit, and having 300 or more animal units utilizing a liquid manure collection and storage system and animal waste utilized or stored by animal waste end-users. These animal feeding operations may operate and maintain treatment works for waste storage, treatment, or recycle recycling and may perform land application of manure, wastewater, compost, or sludges.
B. The Director of the Department of Environmental Quality, or his designee, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general permit will become effective on November 16, 2004 2014. This general permit will expire 10 years from the effective date.
9VAC25-192-25. Duty to comply.
A. Any person who manages or proposes to manage pollutants regulated by 9VAC25-192 shall comply with the applicable requirements of this chapter.
B. In order to manage pollutants from an animal feeding operation, the owner shall be required to obtain coverage under the Virginia Pollution Abatement (VPA) general permit or an individual VPA permit provided that the owner has not been required to obtain a Virginia Pollutant Discharge Elimination System (VPDES) permit. The owner shall comply with the requirements of this chapter and the permit.
C. An animal waste end-user shall comply with the technical requirements outlined in 9VAC25-192-80 and 9VAC25-192-90.
9VAC25-192-50. Authorization to manage pollutants.
A. Owner of an animal feeding operation. Any owner governed by this general permit is hereby authorized to manage pollutants at animal feeding operations provided that the owner files the registration statement of 9VAC25-192-60, complies with the requirements of 9VAC25-192-70, and provided that:
1. The operator owner has not been required to obtain a VPDES permit or an individual VPA permit according to subdivision 2 of 9VAC25-32-260 B;
2. The operation of the animal feeding operation shall not contravene the Water Quality Standards, as amended and adopted by the board, or any provision of the State Water Control Law. There shall be no point source discharge of wastewater to surface waters of the state except in the case of a storm event greater than the 25-year, 24-hour storm. Agricultural [ stormwater storm water ] discharges are permitted. Domestic sewage or industrial shall not be managed under this general permit. Industrial waste shall not be managed under this general permit, except for wastes that have been approved by the department and are managed in accordance with 9VAC25-192-70;
3. The owner of any proposed pollutant management activities or those which have not previously been issued a valid Virginia Pollution Abatement (VPA) permit or Virginia Pollutant Discharge Elimination System (VPDES) permit must attach to the registration statement, the Local Government Ordinance Form (a notification from the governing body of the county, city or town where the operation is located that the operation is consistent with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 of the Code of Virginia).
4. The owner shall obtain Department of Conservation and Recreation must approve approval of a nutrient management plan for the animal feeding operation prior to the submittal of the registration statement. The operator owner shall attach to the registration statement a copy of the approved Nutrient Management Plan nutrient management plan and a copy of the letter from the Department of Conservation and Recreation certifying approval of the Nutrient Management Plan, and if the plan was written after December 31, 2005, nutrient management plan that the plan was developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia. The operator owner shall implement the approved nutrient management plan.
5. a. The operator owner shall give notice of the registration statement to all owners or residents of property that adjoins the property on which the animal feeding operation will be located. Such notice shall include (i) the types and maximum number of animals which will be maintained at the facility and (ii) the address and phone number of the appropriate department regional office to which comments relevant to the permit registration statement may be submitted. This notice requirement is waived whenever registration is for the purpose of renewing coverage under the permit and no expansion is proposed and the department has not issued any special or consent order relating to violations under the existing permit.
b. Any person may submit written comments on the proposed operation to the department within 30 days of the date of the filing of the registration statement. If, on the basis of such written comments or his review, the director determines that the proposed operation will not be capable of complying with the provisions of the general permit, the director shall require the owner to obtain an individual permit for the operation. Any such determination by the director shall be made in writing and received by mailed to the owner not more than 45 days after the filing of the registration statement or, if in the director's sole discretion additional time is necessary to evaluate comments received from the public, not more than 60 days after the filing of the registration statement.
6. Each operator As required by § 62.1-44.17:1 F of the Code of Virginia, each owner of a facility covered by this general permit shall have completed the training program offered or approved by the Department of Conservation and Recreation department in the two years prior to submitting the registration statement for general permit coverage, or shall complete such training within one year after the registration statement has been submitted for general permit coverage. All operators permitted owners shall complete the training program at least once every three years.
B. Animal waste end-user. An animal waste end-user shall comply with the requirements outlined in 9VAC25-192-80 and 9VAC25-192-90.
1. When an animal waste end-user does not comply with the requirements of 9VAC25-192-80 and 9VAC25-192-90, the department may choose to do any or all of the following:
a. Initiate enforcement action based upon the violation of the regulation;
b. Require the animal waste end-user to register for coverage under the general permit;
c. Require the animal waste end-user to apply for the VPA individual permit; or
d. Take other actions set forth in the VPA Permit Regulation (9VAC25-32).
2. An animal waste end-user governed by this general permit is hereby authorized to manage pollutants relating to the utilization and storage of animal waste provided that the animal waste end-user files the registration statement of 9VAC25-192-60, complies with the requirements of 9VAC25-192-70, and:
a. The animal waste end-user has not been required to obtain a VPA individual permit according to subdivision 2 of 9VAC25-32-260;
b. The activities of the animal waste end-user shall not contravene the Water Quality Standards, as amended and adopted by the board, or any provision of the State Water Control Law (§ 62.1-44 et seq. of the Code of Virginia). There shall be no point source discharge of wastewater to surface waters of the state except in the case of a storm event greater than the 25-year, 24-hour storm. Agricultural storm water discharges are permitted. Domestic sewage shall not be managed under this general permit. Industrial waste shall not be managed under this general permit, except for wastes that have been approved by the department and are managed in accordance with 9VAC25-192-70;
c. The animal waste end-user shall obtain Department of Conservation and Recreation approval of a nutrient management plan for land application sites where animal waste will be utilized or stored and managed prior to the submittal of the registration statement. The animal waste end-user shall attach to the registration statement a copy of the approved nutrient management plan and a copy of the letter from the Department of Conservation and Recreation certifying approval of the nutrient management plan that was developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia. The animal waste end-user shall implement the approved nutrient management plan; and
d. As required by § 62.1-44.17:1 F of the Code of Virginia, each permitted animal waste end-user shall complete a training program offered or approved by the department within one year of filing the registration statement for general permit coverage. All permitted animal waste end-users shall complete a training program at least once every three years.
C. Continuation of permit coverage.
1. Any owner that was authorized to manage pollutants under the general permit issued in 2004 and that submits a complete registration statement on or before November 15, 2014, is authorized to continue to manage pollutants under the terms of the 2004 general permit until such time as the board either:
a. Issues coverage to the owner under this general permit; or
b. Notifies the owner that coverage under this permit is denied.
2. When the permittee that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the expiring or expired general permit;
b. Issue a notice of intent to deny coverage under the reissued general permit. If the general permit coverage is denied, the owner would then be required to cease the activities authorized by the expiring or expired general permit or be subject to enforcement action for operating without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions set forth in the VPA Permit Regulation (9VAC25-32).
B. D. Receipt of this general permit does not relieve any operator permittee of the responsibility to comply with any other applicable federal, state or local statute, ordinance, or regulation.
9VAC25-192-60. Registration statement.
A. The owner of an animal feeding operation. In order to be covered under the general permit, the operator owner shall file a complete VPA General Permit Registration Statement for the management of pollutants at animal feeding operations in accordance with this chapter. The registration statement shall be deemed complete for registration under the VPA General Permit if it contains the following information:
1. The animal feeding operation owner's name, mailing address, email address (if available), and telephone number;
2. The animal feeding operation operator's name, mailing address, email address (if available), and telephone number of the operator or contact person other than the owner, if applicable;
2. 3. The farm name (if applicable) and location of the animal feeding operation;
3. The name and telephone number of a contact person other than the operator, if necessary;
4. The best time of day and day of the week to contact the operator or the contact person;
5. If the facility has an existing VPA or VPDES permit number, the permit number;
6. The type or types of animals (dairy cattle, slaughter and feeder cattle, swine, other) and the maximum number and average weight of the type or types of animals to be maintained at the animal feeding operation;
7. [ The types of wastes that will be managed at the facility and how much of each type of waste will be managed;
8. If waste will be transferred off-site, the type of waste and how much will be transferred;
9. ] The operator owner of any proposed pollutant management activities or those which have not previously been issued a valid VPA permit or Virginia Pollutant Discharge Elimination System (VPDES) VPDES permit must attach to the registration statement, the Local Government Ordinance Form (the notification from the governing body of the county, city or town where the operation is located that the operation is consistent with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 of the Code of Virginia);
[ 8. 10. ] A copy of the nutrient management plan approved by the Department of Conservation and Recreation and a copy of the letter certifying approval of the plan, and if the plan was written after December 31, 2005, that the plan was developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia; and
[ 9. 11. ] A copy of the Department of Conservation and Recreation nutrient management plan approval letter that also certifies that the plan was developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia; and
9. [ 10. 12. ] The following certification: "I certify that notice of the registration statement has been given to all owners or residents of property that adjoins the property on which the animal feeding operation will be located. This notice included the types and numbers of animals which will be maintained at the facility and the address and phone number of the appropriate Department of Environmental Quality regional office to which comments relevant to the permit may be submitted. (The preceding certification is waived if the registration is for renewing coverage under the general permit and no expansion of the operation is proposed and the department has not issued any special or consent order relating to violations under the existing permit.) I certify under penalty of law that all the requirements of the board for the general permit are being met and that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."
B. The animal waste end-user. In order to be covered under the general permit, the animal waste end-user shall file a complete VPA General Permit Registration Statement in accordance with this chapter. The registration statement shall be deemed complete for registration under the VPA General Permit if it contains the following information:
1. The animal waste end-user's name, mailing address, email address (if available), and telephone number;
2. The name (if applicable) and location of the facility where the animal waste will be utilized, stored, or managed;
3. The best time of day and day of the week to contact the animal waste end-user;
4. If the facility has an existing VPA or VPDES permit number, the permit number;
5. If confined animals are located at the facility, indicate the type or types of animals (dairy cattle, slaughter and feeder cattle, swine, other) and the maximum number and average weight of the type or types of animals;
6. [ The types of wastes that will be managed at the facility and how much of each type of waste will be managed;
7. If waste will be transferred off-site, the type of waste and how much will be transferred;
8. ] A copy of the nutrient management plan approved by the Department of Conservation and Recreation;
[ 7. 9. ] A copy of the Department of Conservation and Recreation nutrient management plan approval letter that also certifies that the plan was developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia; and
[ 8. 10. ] The following certification: "I certify under penalty of law that all the requirements of the board for the general permit are being met and that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."
B. C. The registration statement shall be signed in accordance with 9VAC25-32-50 Part II F of 9VAC25-32-70.
9VAC25-192-70. Contents of the general permit.
Any operator owner or animal waste end-user whose registration statement is accepted by the board will receive the following general permit and shall comply with the requirements therein and be subject to the VPA permit regulation, 9VAC25-32.
General Permit No.: VPG1
Effective Date: November 16, 2004 2014
Modification Date:
Expiration Date: November 15, 2014 2024
GENERAL PERMIT FOR POLLUTANT MANAGEMENT ACTIVITIES FOR ANIMAL FEEDING OPERATIONS AND ANIMAL WASTE MANAGEMENT
AUTHORIZATION TO MANAGE POLLUTANTS UNDER THE VIRGINIA POLLUTION ABATEMENT PROGRAM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the State Water Control Law and State Water Control Board regulations adopted pursuant thereto, owners of animal feeding operations having 300 or more animal units utilizing a liquid manure collection and storage system, and animal waste end-users are authorized to manage pollutants within the boundaries of the Commonwealth of Virginia, except where board regulations or policies prohibit such activities.
The authorized pollutant management activities shall be in accordance with the registration statement, supporting documents submitted to the Department of Environmental Quality, this cover page, Part I-Pollutant Management and Monitoring Requirements for Animal Feeding Operations, Part II-Conditions Applicable to all VPA Permits, and Part III-Pollutant Management and Monitoring Requirements for Animal Waste End-Users, as set forth herein.
Part I
Pollutant Management and Monitoring Requirements for Animal Feeding Operations
A. Pollutant management and monitoring requirements.
1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to manage pollutants at the location or locations identified in the registration statement and the facility's approved nutrient management plan.
2. At earthen liquid waste storage facilities constructed after December 1, 1998, to an elevation below the seasonal high water table or within one foot thereof, ground water groundwater monitoring wells shall be installed. A minimum of one up gradient and one down gradient well shall be installed at each earthen waste storage facility that requires ground water groundwater monitoring. Existing wells may be utilized to meet this requirement if properly located and constructed.
3. All facilities previously covered under a VPA permit that required groundwater monitoring shall continue monitoring consistent with the requirements listed below regardless of where they are located relative to the seasonal high water table.
4. At facilities where groundwater monitoring is required, the following conditions apply:
a. One data set shall be collected from each well prior to any waste being placed in the storage facility.
b. The static water level shall be measured prior to bailing well water for sampling.
c. At least three well volumes of ground water groundwater shall be withdrawn immediately prior to sampling each monitoring well.
5. In accordance with subdivisions 2 and 3 of this subsection, the ground water groundwater shall be monitored by the permittee at the monitoring wells as specified below. Additional groundwater monitoring may be required in the facility's approved nutrient management plan.
| GROUNDWATER MONITORING |
| PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
| Frequency | Sample Type |
| Static Water Level | NL | Ft | 1/3 years | Measured |
| Ammonia Nitrogen | NL | mg/L | 1/3 years | Grab |
| Nitrate Nitrogen | NL | mg/L | 1/3 years | Grab |
| pH | NL | SU | 1/3 years | Grab |
| Conductivity | NL | umhos/cm | 1/3 years | Grab |
| NL = No limit, this is a monitoring requirement only. |
6. Soil at the land application sites shall be monitored as specified below. Additional soils monitoring may be required in the facility's approved nutrient management plan.
| SOILS MONITORING |
| PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
| Frequency | Sample Type |
| pH | NL | SU | 1/3 years | Composite |
| Phosphorus | NL | ppm or lbs/ac | 1/3 years | Composite |
| Potash | NL | ppm or lbs/ac | 1/3 years | Composite |
| Calcium | NL | ppm or lbs/ac | 1/3 years | Composite |
| Magnesium | NL | ppm or lbs/ac | 1/3 years | Composite |
| NL = No limit, this is a monitoring requirement only. SU = Standard Units |
7. Soil monitoring shall be conducted at a depth of between 0-6 inches, unless otherwise specified in the facility's approved nutrient management plan.
8. Waste shall be monitored as specified below. Additional waste monitoring may be required in the facility's approved nutrient management plan.
| WASTE MONITORING |
| PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
| Frequency | Sample Type |
| Total Kjeldahl Nitrogen | NL | * | 1/year | Composite |
| Ammonia Nitrogen | NL | * | 1/year | Composite |
| Total Phosphorus | NL | * | 1/year | Composite |
| Total Potassium | NL | * | 1/year | Composite |
| Calcium | NL | * | 1/year | Composite |
| Magnesium | NL | * | 1/year | Composite |
| Moisture Content | NL | % | 1/year | Composite |
| NL = No limit, this is a monitoring requirement only. *Parameters for waste may be reported as a percent, as lbs/ton or lbs/1000 gallons, or as ppm where appropriate. |
9. Analysis of soil and waste shall be according to methods specified in the facility's approved nutrient management plan.
10. All monitoring data collected as required by this section and any additional monitoring shall be maintained on site for a period of five years and shall be made available to department personnel upon request.
B. Other requirements or special conditions.
1. Any liquid manure collection and storage facility shall be designed and operated to (i) prevent point source discharges of pollutants to state waters except in the case of a storm event greater than the 25-year, 24-hour storm and (ii) provide adequate waste storage capacity to accommodate periods when the ground is frozen or saturated, periods when land application of nutrients should not occur due to limited or nonexistent crop nutrient uptake, and periods when physical limitations prohibit the land application of waste.
2. Waste storage facilities constructed after December 1, 1998, shall not be located on a 100-year floodplain.
3. Earthen waste storage facilities constructed after December 1, 1998, shall include a properly designed and installed liner. Such liner shall be either a synthetic liner of at least 20 mils thickness or a compacted soil liner of at least one foot thickness with a maximum permeability rating of 0.0014 inches per hour. A Virginia licensed professional engineer [ , or ] an employee of the Natural Resources Conservation Service of the United States Department of Agriculture with appropriate engineering approval authority [ , or an employee of a soil and water conservation district with appropriate engineering approval authority ] shall certify that the siting, design, and construction of the waste storage facility comply with the requirements of this permit. This certification shall be maintained on site.
4. At earthen waste storage facilities constructed below the seasonal high water table, the top surface of the waste must be maintained at a level of at least two feet above the water table.
5. All liquid waste storage or treatment facilities shall maintain at least one foot of freeboard at all times, except in the case of a storm event greater than a up to and including [ a ] 25-year, 24-hour storm.
6. For new waste storage or treatment facilities constructed after November 16, 2014, the facilities shall be constructed, operated, and maintained in accordance with the applicable practice standard adopted by the Natural Resources Conservation Service of the U.S. Department of Agriculture and approved by the department. A Virginia licensed professional engineer [ , or ] an employee of the Natural Resources Conservation Service of the U.S. Department of Agriculture with appropriate engineering approval authority [ or an employee of a soil and water conservation district with appropriate engineering approval authority ] shall certify that the siting, design, and construction of the waste storage facility comply with the requirements of this permit. This certification shall be maintained on site.
7. The permittee shall notify the department's regional office at least 14 days prior to (i) animals being initially placed in the confined facility or (ii) utilization of any new waste storage or treatment facilities.
8. [ Semi-solid and solid waste shall be stored in a manner that prevents contact with surface water and groundwater. Waste that is stockpiled outside for more than 14 days shall be kept in a facility or at a site that provides adequate storage. Adequate storage shall, at a minimum, include the following:
a. Waste shall be covered to protect it from precipitation and wind;
b. Stormwater shall not run onto or under the stored waste;
c. A minimum of two feet separation distance to the seasonal high water table or an impermeable barrier shall be used under the stored waste. All waste storage facilities that use an impermeable barrier shall maintain a minimum of one foot separation between the seasonal high water table and the impermeable barrier. "Seasonal high water table" means that portion of the soil profile where a color change has occurred in the soil as a result of saturated soil conditions or where soil concretions have formed. Typical colors are gray mottlings, solid gray, or black. The depth in the soil at which these conditions first occur is termed the seasonal high water table. Impermeable barriers shall be constructed of at least 12 inches of compacted clay, at least four inches of reinforced concrete, or another material of similar structural integrity that has a minimum permeability rating of 0.0014 inches per hour (1X10-6 centimeters per second); and
d. ] For waste that is not stored [ in a waste storage facility or ] under roof, the storage site must be at least 100 feet from any surface water, intermittent drainage, wells, sinkholes, rock outcrops, and springs.
9. All equipment needed for the proper operation of the permitted facilities shall be maintained in good working order. The manufacturer's operating and maintenance manuals shall be retained for references to allow for timely maintenance and prompt repair of equipment when appropriate. The operator permittee shall periodically inspect for leaks on equipment used for land application of waste.
10. When wastes are treated by a digester or other manure treatment technologies, the waste treatment process shall be approved by the department and shall be managed by a facility covered under this permit and in accordance with the following conditions:
a. All treated wastes generated by a digester or other manure treatment technologies must be managed through an approved nutrient management plan or transferred to another entity in accordance with animal waste transfer requirements in Part 1 B 15 and 16.
b. When a facility covered under this permit generates a treated waste from animal waste and other feedstock, the permittee shall maintain records related to the production of the treated waste.
(1) If off-site wastes are added to generate the treated waste, the permittee shall record the following items:
(a) The amount of waste brought to the facility; and
(b) From whom and where the waste originated.
(2) For all treated wastes generated by the facility, the permittee shall record the following items:
(a) The amount of treated waste generated;
(b) The nutrient analysis of the treated waste; and
(c) The final use of the treated waste.
(3) Permittees shall maintain the records required by Part I B 10 b (1) and (2) on site for a period of three years. All records shall be made available to department personnel upon request.
11. Animal waste generated by this facility shall not be applied to fields owned by or under the operational control of either the permittee or a legal entity in which the permittee has an ownership interest unless the fields are included in the facility's approved nutrient management plan.
7. 12. The operator permittee shall implement a nutrient management plan (NMP) approved by the Department of Conservation and Recreation. All NMPs written after December 31, 2005, shall be developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia. The NMP shall be maintained and approved by the Department of Conservation and Recreation and maintain the plan on site. The NMP shall address the form, source, amount, timing, and method of application of nutrients on each field to achieve realistic production goals, while minimizing nitrogen and phosphorus loss to ground and surface waters. NMPs written after December 31, 2005, and NMPs implemented after December 31, 2006, shall also include provisions to minimize phosphorus loss to ground and surface waters according to the most current standards and criteria developed by DCR at the time the plan is written. The terms of the NMP shall be enforceable through this permit. The NMP shall contain at a minimum the following information:
a. Site map indicating the location of the waste storage facilities and the fields where waste will be applied;
b. Site evaluation and assessment of soil types and potential productivities;
c. Nutrient management sampling including soil and waste monitoring;
d. Storage and land area requirements;
e. Calculation of waste application rates; and
f. Waste application schedules; and.
g. A plan for waste utilization in the event the operation is discontinued.
8. 13. Waste shall not be land applied within buffer zones. Buffer zones at waste application sites shall, at a minimum, be maintained as follows:
a. Distance from occupied dwellings not on the owner's permittee's property .....: 200 feet (unless the occupant of the dwelling signs a waiver of the buffer zone);
b. Distance from water supply wells or springs .....: 100 feet;
c. Distance from surface water courses
(1) 100 feet (without a vegetated buffer); or
(2) 35-foot wide vegetated buffer; or
c. Distance from surface water courses: 100 feet (without a permanent vegetated buffer) or 35 feet (if a permanent vegetated buffer exists). (3) Other site-specific conservation practices may be approved by the department that will provide pollutant reductions equivalent or better than the reductions that would be achieved by the 100-foot buffer, or 35-foot wide vegetated buffer.;
d. Distance from rock outcropping (except limestone) .....: 25 feet;
e. Distance from limestone outcroppings .....: 50 feet; and
f. Waste shall not be applied in such a matter that it would discharge to sinkholes that may exist in the area.
9. 14. Records shall be maintained to demonstrate where and at what rate waste has been applied, that the application schedule has been followed, and what crops have been planted. The following land application records shall be maintained:
a. The identification of the land application field sites where the waste is utilized or stored;
b. The application rate;
c. The application dates; and
d. What crops have been planted.
These records shall be maintained on site for a period of five years after recorded the date the application is made and shall be made available to department personnel upon request.
10. The permittee shall notify the department's regional office at least 14 days prior to: (i) animals being initially placed in the confined facility or (ii) utilization of any new waste storage facilities.
15. Animal waste generated by this facility may be transferred from the permittee to another person if one or more of the following conditions are met:
a. Animal waste generated by this facility may be transferred off-site for land application or another acceptable use approved by the department, if:
(1) The sites where the animal waste will be utilized are included in this permitted facility's approved nutrient management plan; or
(2) The sites where the animal waste will be utilized are included in another permitted facility's approved nutrient management plan.
b. Animal waste generated by this facility may be transferred off-site without identifying in the permittee's approved nutrient management plan the fields where such waste will be utilized, if one of the following conditions are met:
(1) The animal waste is registered with the Virginia Department of Agriculture and Consumer Services in accordance with regulations adopted pursuant to subdivision A 2 of § 3.2-3607 of the Code of Virginia; or
(2) When the permittee transfers to another person more than 10 tons of solid or semi-solid animal waste (solid or semi-solid animal waste contains less than 85% moisture) or more than 6,000 gallons of liquid animal waste (liquid animal waste contains 85% or more moisture) in any 365-day period, the permittee shall maintain records in accordance with Part I B 16.
16. Animal waste may be transferred from a permittee to another person without identifying the fields where such waste will be utilized in the permittee's approved nutrient management plan if the following conditions are met:
a. When a permittee transfers to another person more than 10 tons of solid or semi-solid animal waste (solid or semi-solid animal waste contains less than 85% moisture) or more than 6,000 gallons of liquid animal waste (liquid animal waste contains 85% or more moisture) in any 365-day period, the permittee shall provide that person with:
(1) Permittee's name, address, and permit number;
(2) A copy of the most recent nutrient analysis of the animal waste; and
(3) An animal waste fact sheet.
b. When a permittee transfers to another person more than 10 tons of solid or semi-solid animal waste (solid or semi-solid animal waste contains less than 85% moisture) or more than 6,000 gallons of liquid animal waste (liquid animal waste contains 85% or more moisture) in any 365-day period, the permittee shall keep a record of the following:
(1) The recipient name and address;
(2) The amount of animal waste received by the person;
(3) The date of the transaction;
(4) The nutrient analysis of the animal waste;
(5) The locality in which the recipient intends to utilize the animal waste (i.e., nearest town or city and zip code);
(6) The name of the stream or waterbody, if known, to the recipient that is nearest to the animal waste utilization or storage site; and
(7) The signed waste transfer records form acknowledging the receipt of the following:
(a) The animal waste;
(b) The nutrient analysis of the animal waste; and
(c) An animal waste fact sheet.
c. Permittees shall maintain the records required by Part I B 16 a and b for at least three years after the date of the transaction and shall make them available to department personnel upon request.
17. When the waste storage or treatment facility is no longer needed, the permittee shall close it in a manner that (i) minimizes the need for further maintenance and (ii) controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, the postclosure escape of uncontrolled leachate, surface runoff, or waste decomposition products to the groundwater, surface water, or the atmosphere. At closure, the permittee shall remove all waste residue from the animal waste storage or treatment facility. Removed waste materials shall be utilized according to the approved NMP.
11. Each operator of a facility 18. As required by § 62.1-44.17:1 F of the Code of Virginia, each permittee covered by under this general permit shall have completed the training program offered or approved by the Department of Conservation and Recreation department in the two years prior to submitting the registration statement for general permit coverage, or shall complete such training within one year after the registration statement has been submitted for general permit coverage. All operators permittees shall complete the training program at least once every three years.
Part II
Conditions Applicable to all VPA Permits
A. Sampling and analysis methods.
1. Samples and measurements taken as required by this permit shall be representative of the volume and nature of the monitored activity.
2. Unless otherwise specified in this permit all sample preservation methods, maximum holding times and analysis methods for pollutants shall comply with requirements set forth in Guidelines Establishing Test Procedures for the Analysis of Pollutants (40 CFR 136 (2001)) (40 CFR Part 136).
3. The sampling and analysis program to demonstrate compliance with the permit shall at a minimum, conform to Part I of this permit.
4. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.
B. Recording of results. For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information:
1. The date, exact place and time of sampling or measurements;
2. The persons who performed the sampling or measurements;
3. The dates analyses were performed;
4. The persons who performed each analysis;
5. The analytical techniques or methods used; and
6. The results of such analyses and measurements.
C. Records retention. All records and information resulting from the monitoring activities required by this permit, including all records of analyses performed and calibration and maintenance of instrumentation and recording from continuous monitoring instrumentation shall be retained on site for five years from the date of the sample, measurement or report. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the director.
D. Additional monitoring by permittee. If the permittee monitors any pollutant at the locations designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the project report. Such increased frequency shall also be reported.
E. Reporting requirements.
1. If, for any reason, the permittee does not comply with one or more limitations, standards, monitoring or management requirements specified in this permit, the permittee shall submit to the department at least the following information:
a. A description and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or the anticipated time when the noncompliance will cease; and
c. Actions taken or to be taken to reduce, eliminate, and prevent recurrence of the noncompliance. Whenever such noncompliance may adversely affect state waters or may endanger public health, the permittee shall submit the above required information by oral report within 24 hours from the time the permittee becomes aware of the circumstances and by written report within five days. The director may waive the written report requirement on a case-by-case basis if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
2. The permittee shall report any unpermitted, unusual or extraordinary discharge which enters or could be expected to enter state waters. The permittee shall provide information, specified in Part II E 1 a through c, regarding each such discharge immediately, that is, as quickly as possible upon discovery, however, in no case later than 24 hours. A written submission covering these points shall be provided within five days of the time the permittee becomes aware of the circumstances covered by this paragraph.
NOTE: The immediate (within 24 hours) reports required in Parts II E 1 and 2 may be made to the department's regional office. Reports may be made by telephone or by fax. For reports outside normal working hours, a message shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-8892.
F. Signatory requirements. Any registration statement or certification required by this permit shall be signed as follows:
1. For a corporation, by a responsible corporate official. For purposes of this section, a responsible corporate official means (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. For a municipality, state, federal or other public agency by either a principal executive officer or ranking elected official. (A principal executive officer of a federal, municipal, or state agency includes the chief executive officer of the agency or head executive officer having responsibility for the overall operation of a principal geographic unit of the agency.)
3. For a partnership or sole proprietorship, by a general partner or proprietor respectively.
Part III
A. G. Change in management of pollutants. 1. All pollutant management activities authorized by this permit shall be made in accordance with the terms and conditions of the permit. The permittee shall submit a new registration statement 30 days prior to all expansions, production increases, or process modifications, that will result in the management of new or increased pollutants. The management of any pollutant at a level greater than that identified and authorized by this permit, shall constitute a violation of the terms and conditions of this permit.
2. The permittee shall promptly provide written notice of the following:
a. Any new introduction of pollutant or pollutants, into treatment works or pollutant management activities which represents a significant increase in the management of pollutant or pollutants which may interfere with, pass through, or otherwise be incompatible with such works or activities, from an establishment or treatment works, if such establishment, treatment works has the potential to discharge pollutants to state waters; and
b. Any substantial change, whether permanent or temporary, in the volume or character of pollutants being introduced into such treatment works by an establishment, treatment works, or pollutant management activity that was introducing pollutants into such treatment works at the time of issuance of the permit.
Such notice shall include information on: (i) the characteristics and quantity of pollutants to be introduced into or from such treatment works or pollutant management activities; (ii) any anticipated impact of such change in the quantity and characteristics of the pollutants to be managed at a pollutant management activity; and (iii) any additional information that may be required by the director.
B. H. Treatment works operation and quality control.
1. Design and operation of facilities or treatment works and disposal of all wastes shall be in accordance with the registration statement filed with the department. The permittee has the responsibility of designing and operating the facility in a reliable and consistent manner to meet the facility performance requirements in the permit. If facility deficiencies, design or operational, are identified in the future which could affect the facility performance or reliability, it is the responsibility of the permittee to correct such deficiencies.
2. All waste collection, control, treatment, management of pollutant activities and disposal facilities shall be operated in a manner consistent with the following:
a. At all times, all facilities and pollutant management activities shall be operated in a prudent and workmanlike manner.
b. The permittee shall provide an adequate operating staff to carry out the operation, maintenance and testing functions required to ensure compliance with the conditions of this permit.
c. Maintenance of treatment facilities or pollutant management activities shall be carried out in such a manner that the monitoring and limitation requirements are not violated.
d. Collected solids shall be stored and utilized as specified in the approved Nutrient Management Plan nutrient management plan in such a manner as to prevent entry of those wastes (or runoff from the wastes) into state waters.
C. I. Adverse impact. The permittee shall take all feasible steps to minimize any adverse impact to state waters resulting from noncompliance with any limitation or limitations or conditions specified in this permit, and shall perform and report such accelerated or additional monitoring as is necessary to determine the nature and impact of the noncomplying limitation or limitations or conditions.
D. J. Duty to halt, reduce activity or to mitigate.
1. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
2. The permittee shall take all reasonable steps to minimize, correct or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
E. K. Structural stability. The structural stability of any of the units or parts of the facilities herein permitted is the sole responsibility of the permittee and the failure of such structural units or parts shall not relieve the permittee of the responsibility of complying with all terms and conditions of this permit.
F. L. Compliance with state law. Compliance with this permit during its term constitutes compliance with the State Water Control Law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other state law or regulation.
G. M. Property rights. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations.
H. N. Severability. The provisions of this permit are severable.
I. O. Duty to reregister. If the permittee wishes to continue to operate under a general permit after the expiration date of this permit, the permittee must submit a new registration statement at least 30 days prior to the expiration date of this permit.
J. P. Right of entry. The permittee shall allow, or secure necessary authority to allow, authorized state representatives, upon the presentation of credentials:
1. To enter upon the permittee's premises on which the establishment, treatment works, pollutant management activities, or discharge or discharges is located or in which any records are required to be kept under the terms and conditions of this permit;
2. To have access to inspect and copy at reasonable times any records required to be kept under the terms and conditions of this permit;
3. To inspect at reasonable times any monitoring equipment or monitoring method required in this permit;
4. To sample at reasonable times any waste stream, process stream, raw material or by-product; and
5. To inspect at reasonable times any collection, treatment, or pollutant management activities required under this permit. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging or involved in managing pollutants. Nothing contained here shall make an inspection time unreasonable during an emergency.
K. Q. Transferability of permits. This Coverage under this permit may be transferred to a new owner by a permittee if:
1. The current permittee notifies the department 30 days in advance of the proposed transfer of the title to the facility or property;
2. The notice to the department includes a written agreement between the existing and proposed new permittee containing a specific date of transfer of permit responsibility, coverage and liability between them; and
3. The department does not within the 30-day time period notify the existing permittee and the proposed permittee of the board's intent to modify or revoke and reissue transfer coverage under the permit. Such a transferred coverage under this permit shall, as of the date of the transfer, be as fully effective as if it had been issued directly to the new permittee.
L. R. Permit modification. The permit may be modified when any of the following developments occur: 1. When a change is made in the promulgated standards or regulations on which the permit was based; or.
2. When the level of management of a pollutant, not limited in the permit, exceeds applicable Water Quality Standards or the level which can be achieved by technology-based treatment requirements appropriate to the permittee.
M. S. Permit termination. After public notice and opportunity for a hearing, coverage under the general permit may be terminated for cause.
N. T. When an individual permit may be required. The director may require any permittee authorized to manage pollutants covered under this general permit to apply for and obtain an individual permit. Cases where an individual permit may be required include, but are not limited to, the following:
1. The pollutant management activities violate the terms or conditions of this permit;
2. When additions or alterations have been made to the affected facility which that require the application of permit conditions that differ from those of the existing permit or are absent from it; and
3. When new information becomes available about the operation or pollutant management activities covered by under this permit which that were not available at the time of permit issuance and would have justified the application of different permit conditions at the time of permit issuance coverage.
This Coverage under this general permit may be terminated as to an individual permittee for any of the reasons set forth above after appropriate notice and an opportunity for a hearing.
O. U. When an individual permit may be requested. Any permittee operating under this permit may request to be excluded from the coverage of under this permit by applying for an individual permit. When an individual permit is issued to a permittee the applicability of this general permit to the individual permittee is automatically terminated on the effective date of the individual permit.
P. V. Civil and criminal liability. Nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance with the terms of this permit.
Q. W. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under § 311 of the Clean Water Act or §§ 62.1-44.34:14 through 62.1-44.34:23 of the Code of Virginia.
R. X. Unauthorized discharge of pollutants. Except in compliance with this permit, it shall be unlawful for any permittee to:
1. Discharge into state waters sewage, industrial wastes, other wastes or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses.
Part III
Pollutant Management and Monitoring Requirements for Animal Waste End-Users
A. Pollutant management and monitoring requirements.
1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to manage pollutants at the location or locations identified in the registration statement and the facility's approved nutrient management plan.
2. At earthen liquid waste storage facilities constructed after December 1, 1998, to an elevation below the seasonal high water table or within one foot thereof, groundwater monitoring wells shall be installed. A minimum of one up gradient and one down gradient well shall be installed at each earthen waste storage facility that requires groundwater monitoring. Existing wells may be utilized to meet this requirement if properly located and constructed.
3. All facilities previously covered under a VPA permit that required groundwater monitoring shall continue monitoring consistent with the requirements listed below regardless of where they are located relative to the seasonal high water table.
4. At facilities where groundwater monitoring is required, the following conditions apply:
a. One data set shall be collected from each well prior to any waste being placed in the storage facility.
b. The static water level shall be measured prior to bailing well water for sampling.
c. At least three well volumes of groundwater shall be withdrawn immediately prior to sampling each monitoring well.
5. In accordance with subdivisions 2 and 3 of this subsection, the groundwater shall be monitored by the permittee at the monitoring wells as specified below. Additional groundwater monitoring may be required in the facility's approved nutrient management plan.
| GROUNDWATER MONITORING |
| PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
| Frequency | Sample Type |
| Static Water Level | NL | Ft | 1/3 years | Measured |
| Ammonia Nitrogen | NL | mg/L | 1/3 years | Grab |
| Nitrate Nitrogen | NL | mg/L | 1/3 years | Grab |
| pH | NL | SU | 1/3 years | Grab |
| Conductivity | NL | umhos/cm | 1/3 years | Grab |
| NL = No limit, this is a monitoring requirement only. |
6. Soil at the land application sites shall be monitored as specified below. Additional soils monitoring may be required in the facility's approved nutrient management plan.
| SOILS MONITORING |
| PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
| Frequency | Sample Type |
| pH | NL | SU | 1/3 years | Composite |
| Phosphorus | NL | ppm or lbs/ac | 1/3 years | Composite |
| Potash | NL | ppm or lbs/ac | 1/3 years | Composite |
| Calcium | NL | ppm or lbs/ac | 1/3 years | Composite |
| Magnesium | NL | ppm or lbs/ac | 1/3 years | Composite |
| NL = No limit, this is a monitoring requirement only. SU = Standard Units |
7. Soil monitoring shall be conducted at a depth of between 0-6 inches, unless otherwise specified in the facility's approved nutrient management plan.
8. Waste shall be monitored as specified below. Additional waste monitoring may be required in the facility's approved nutrient management plan.
| WASTE MONITORING |
| PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
| Frequency | Sample Type |
| Total Kjeldahl Nitrogen | NL | * | 1/year | Composite |
| Ammonia Nitrogen | NL | * | 1/year | Composite |
| Total Phosphorus | NL | * | 1/year | Composite |
| Total Potassium | NL | * | 1/year | Composite |
| Calcium | NL | * | 1/year | Composite |
| Magnesium | NL | * | 1/year | Composite |
| Moisture Content | NL | % | 1/year | Composite |
| NL = No limit, this is a monitoring requirement only. *Parameters for waste may be reported as a percent, as lbs/ton or lbs/1000 gallons, or as ppm where appropriate. |
9. Analysis of soil and waste shall be according to methods specified in the facility's approved nutrient management plan.
10. All monitoring data collected as required by this section and any additional monitoring shall be maintained on site for a period of five years and shall be made available to department personnel upon request.
B. Other requirements or special conditions.
1. Any liquid manure collection and storage facility shall be designed and operated to (i) prevent point source discharges of pollutants to state waters except in the case of a storm event greater than the 25-year, 24-hour storm and (ii) provide adequate waste storage capacity to accommodate periods when the ground is frozen or saturated, periods when land application of nutrients should not occur due to limited or nonexistent crop nutrient uptake, and periods when physical limitations prohibit the land application of waste.
2. Waste storage facilities constructed after December 1, 1998, shall not be located on a 100-year floodplain.
3. Earthen waste storage facilities constructed after December 1, 1998, shall include a properly designed and installed liner. Such liner shall be either a synthetic liner of at least 20 mils thickness or a compacted soil liner of at least one foot thickness with a maximum permeability rating of 0.0014 inches per hour. A Virginia licensed professional engineer [ , or ] an employee of the Natural Resources Conservation Service of the U.S. Department of Agriculture with appropriate engineering approval authority [ , or an employee of a soil and water conservation district with appropriate engineering approval authority ] shall certify that the siting, design, and construction of the waste storage facility comply with the requirements of this permit. This certification shall be maintained on site.
4. At earthen waste storage facilities constructed below the seasonal high water table, the top surface of the waste must be maintained at a level of at least two feet above the water table.
5. All liquid waste storage or treatment facilities shall maintain at least one foot of freeboard at all times, up to and including [ a ] 25-year, 24-hour storm.
6. For new waste storage or treatment facilities constructed after November 16, 2014, the facilities shall be constructed, operated, and maintained in accordance with the applicable practice standard adopted by the Natural Resources Conservation Service of the U.S. Department of Agriculture and approved by the department. A Virginia licensed professional engineer [ , or ] an employee of the Natural Resources Conservation Service of the U.S. Department of Agriculture with appropriate engineering approval authority [ , or an employee of a soil and water conservation district with appropriate engineering approval authority ] shall certify that the siting, design, and construction of the waste storage facility comply with the requirements of this permit. This certification shall be maintained on site.
7. The permittee shall notify the department's regional office at least 14 days prior to (i) animals being initially placed in the confined facility or (ii) utilization of any new waste storage or treatment facilities.
8. [ Semi-solid and solid waste shall be stored in a manner that prevents contact with surface water and groundwater. Waste that is stockpiled outside for more than 14 days shall be kept in a facility or at a site that provides adequate storage. Adequate storage shall, at a minimum, include the following:
a. Waste shall be covered to protect it from precipitation and wind;
b. Stormwater shall not run onto or under the stored waste;
c. A minimum of two feet separation distance to the seasonal high water table or an impermeable barrier shall be used under the stored waste. All waste storage facilities that use an impermeable barrier shall maintain a minimum of one foot separation between the seasonal high water table and the impermeable barrier. "Seasonal high water table" means that portion of the soil profile where a color change has occurred in the soil as a result of saturated soil conditions or where soil concretions have formed. Typical colors are gray mottlings, solid gray, or black. The depth in the soil at which these conditions first occur is termed the seasonal high water table. Impermeable barriers shall be constructed of at least 12 inches of compacted clay, at least four inches of reinforced concrete, or another material of similar structural integrity that has a minimum permeability rating of 0.0014 inches per hour (1X10-6 centimeters per second); and
d. ] For waste that is not stored [ in a waste storage facility or ] under roof, the storage site must be at least 100 feet from any surface water, intermittent drainage, wells, sinkholes, rock outcrops, and springs.
9. All equipment needed for the proper operation of the permitted facilities shall be maintained in good working order. The manufacturer's operating and maintenance manuals shall be retained for references to allow for timely maintenance and prompt repair of equipment when appropriate. The permittee shall periodically inspect for leaks on equipment used for land application of waste.
10. All treated wastes generated by a digester or other manure treatment technologies shall be approved by the department and shall be managed by a facility covered under this permit and in accordance with the following conditions:
a. All treated wastes generated by a digester or other manure treatment technologies must be managed through an approved nutrient management plan or transferred to another entity in accordance with animal waste transfer requirements in Part III B 15 and 16.
b. When a facility covered under this permit generates a treated waste from animal waste and other feedstock, the permittee shall maintain records related to the production of the treated waste.
(1) If off-site wastes are added to generate the treated waste, the permittee shall record the following items:
(a) The amount of waste brought to the facility; and
(b) From whom and where the waste originated.
(2) For all treated wastes generated by the facility, the permittee shall record the following items:
(a) The amount of treated waste generated;
(b) The nutrient analysis of the treated waste; and
(c) The final use of the treated waste.
(3) Permittees shall maintain the records required by Part III B 10 b (1) and (2) on site for a period of three years. All records shall be made available to department personnel upon request.
11. Animal waste generated by this facility shall not be applied to fields owned by or under the operational control of either the permittee or a legal entity in which the permittee has an ownership interest unless the fields are included in the facility's approved nutrient management plan.
12. The permittee shall implement a nutrient management plan (NMP) developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia and approved by the Department of Conservation and Recreation and maintain the plan on site. The NMP shall address the form, source, amount, timing, and method of application of nutrients on each field to achieve realistic production goals, while minimizing nitrogen and phosphorus loss to ground and surface waters. The terms of the NMP shall be enforceable through this permit. The NMP shall contain at a minimum the following information:
a. Site map indicating the location of the waste storage facilities and the fields where waste will be applied;
b. Site evaluation and assessment of soil types and potential productivities;
c. Nutrient management sampling including soil and waste monitoring;
d. Storage and land area requirements;
e. Calculation of waste application rates; and
f. Waste application schedules.
13. Waste shall not be land applied within buffer zones. Buffer zones at waste application sites shall, at a minimum, be maintained as follows:
a. Distance from occupied dwellings not on the permittee's property: 200 feet (unless the occupant of the dwelling signs a waiver of the buffer zone);
b. Distance from water supply wells or springs: 100 feet;
c. Distance from surface water courses: 100 feet (without a permanent vegetated buffer) or 35 feet (if a permanent vegetated buffer exists). Other site-specific conservation practices may be approved by the department that will provide pollutant reductions equivalent or better than the reductions that would be achieved by the 100-foot buffer or 35-foot wide vegetated buffer;
d. Distance from rock outcropping (except limestone): 25 feet;
e. Distance from limestone outcroppings: 50 feet; and
f. Waste shall not be applied in such a matter that it would discharge to sinkholes that may exist in the area.
14. The following land application records shall be maintained:
a. The identification of the land application field sites where the waste is utilized or stored;
b. The application rate;
c. The application dates; and
d. What crops have been planted.
These records shall be maintained on site for a period of five years after the date the application is made and shall be made available to department personnel upon request.
15. Animal waste generated by this facility may be transferred from the permittee to another person, if one or more of the following conditions are met:
a. Animal waste generated by this facility may be transferred off-site for land application or another acceptable use approved by the department, if:
(1) The sites where the animal waste will be utilized are included in this permitted facility's approved nutrient management plan; or
(2) The sites where the animal waste will be utilized are included in another permitted facility's approved nutrient management plan.
b. Animal waste generated by this facility may be transferred off-site without identifying in the permittee's approved nutrient management plan the fields where such waste will be utilized, if the following conditions are met:
(1) The animal waste is registered with the Virginia Department of Agriculture and Consumer Services in accordance with regulations adopted pursuant to subdivision A 2 of § 3.2-3607 of the Code of Virginia; or
(2) When the permittee transfers to another person more than 10 tons of solid or semi-solid animal waste (solid or semi-solid animal waste contains less than 85% moisture) or more than 6,000 gallons of liquid animal waste (liquid animal waste contains 85% or more moisture) in any 365-day period, the permittee shall maintain records in accordance with Part III B 16.
16. Animal waste may be transferred from a permittee to another person without identifying the fields where such waste will be utilized in the permittee's approved nutrient management plan if the following conditions are met:
a. When a permittee transfers to another person more than 10 tons of solid or semi-solid animal waste (solid or semi-solid animal waste contains less than 85% moisture) or more than 6,000 gallons of liquid animal waste (liquid animal waste contains 85% or more moisture) in any 365-day period, the permittee shall provide that person with:
(1) Permittee's name, address, and permit number;
(2) A copy of the most recent nutrient analysis of the animal waste; and
(3) An animal waste fact sheet.
b. When a permittee transfers to another person more than 10 tons of solid or semi-solid animal waste (solid or semi-solid animal waste contains less than 85% moisture) or more than 6,000 gallons of liquid animal waste (liquid animal waste contains 85% or more moisture) in any 365-day period, the permittee shall keep a record of the following:
(1) The recipient name and address;
(2) The amount of animal waste received by the person;
(3) The date of the transaction;
(4) The nutrient analysis of the animal waste;
(5) The locality in which the recipient intends to utilize the animal waste (i.e., nearest town or city and zip code);
(6) The name of the stream or waterbody, if known, to the recipient that is nearest to the animal waste utilization or storage site; and
(7) The signed waste transfer records form acknowledging the receipt of the following:
(a) The animal waste;
(b) The nutrient analysis of the animal waste; and
(c) An animal waste fact sheet.
c. Permittees shall maintain the records required by Part III B 16 a and b for at least three years after the date of the transaction and shall make them available to department personnel upon request.
17. When the waste storage or treatment facility is no longer needed, the permittee shall close it in a manner that (i) minimizes the need for further maintenance and (ii) controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, the postclosure escape of uncontrolled leachate, surface runoff, or waste decomposition products to the groundwater, surface water, or the atmosphere. At closure, the permittee shall remove all waste residue from the animal waste storage or treatment facility. Removed waste materials shall be utilized according to the approved NMP.
18. As required by § 62.1-44.17:1 F of the Code of Virginia, each permittee covered under this general permit shall have completed the training program offered or approved by the department in the two years prior to submitting the registration statement for general permit coverage or shall complete such training within one year after the registration statement has been submitted for general permit coverage. All permittees shall complete the training program at least once every three years.
9VAC25-192-80. Tracking and accounting requirements for animal waste end-users.
A. When an animal waste end-user is the recipient of more than 10 tons of solid or semi-solid animal waste (solid or semi-solid animal waste contains less than 85% moisture) or more than 6,000 gallons of liquid animal waste (liquid animal waste contains 85% percent or more moisture) in any 365-day period from an owner or operator of an animal feeding operation covered by a VPA or VPDES permit, the end-user shall maintain records regarding the transfer and land application of animal waste.
1. The animal waste end-user shall provide the permittee with the following items:
a. End-user name and address;
b. The locality in which the end-user intends to utilize the waste (i.e., nearest town or city and zip code);
c. The name of the stream or waterbody, if known, to the end-user that is nearest to the waste utilization or storage site; and
d. Written acknowledgement of receipt of:
(1) The waste;
(2) The nutrient analysis of the waste; and
(3) An animal waste fact sheet.
2. The animal waste end-user shall record the following items regarding the waste transfer:
a. The source name, address, and permit number (if applicable);
b. The amount of animal waste that was received;
c. The date of the transaction;
d. The final use of the animal waste;
e. The locality in which the waste was utilized (i.e., nearest town or city and zip code); and
f. The name of the stream or waterbody, if known, to the recipient that is nearest to the waste utilization or storage site.
Records regarding animal waste transfers shall be maintained on site for a period of three years after the date of the transaction. All records shall be made available to department personnel upon request.
3. If waste is land applied, the animal waste end-user shall keep a record of the following items regarding the land application of the waste:
a. The nutrient analysis of the waste;
b. Maps indicating the animal waste land application fields and storage sites;
c. The land application rate;
d. The land application dates;
e. What crops were planted;
f. Soil test results, if obtained;
g. NMP, if applicable; and
h. The method used to determine the land application rates (i.e., phosphorus crop removal, waste nutrient analysis rate, soil test recommendations, or a nutrient management plan).
Records regarding land application of animal waste shall be maintained on site for a period of three years after the date the application is made. All records shall be made available to department personnel upon request.
B. Any duly authorized agent of the board may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this regulation.
9VAC25-192-90. Utilization and storage requirements for transferred animal waste.
A. An animal waste end-user who receives animal waste from an owner or operator of an animal feeding operation covered by a VPA or VPDES permit shall comply with the requirements outlined in this section.
B. Storage requirements. An animal waste end-user who receives animal waste from an owner or operator of an animal feeding operation covered by a VPA or VPDES permit shall comply with the requirements outlined in this subsection regarding storage of animal waste in his possession or under his control.
1. Animal waste shall be stored in a manner that prevents contact with surface water and groundwater. Animal waste that is stockpiled outside for more than 14 days shall be kept in a facility or at a site that provides adequate storage. Adequate storage shall, at a minimum, include the following:
a. Animal waste shall be covered to protect it from precipitation and wind;
b. Storm water shall not run onto or under the stored animal waste;
c. A minimum of two feet separation distance to the seasonal high water table or an impermeable barrier shall be used under the stored [ poultry ] waste. All waste storage facilities that use an impermeable barrier shall maintain a minimum of one foot separation between the seasonal high water table and the impermeable barrier. "Seasonal high water table" means that portion of the soil profile where a color change has occurred in the soil as a result of saturated soil conditions or where soil concretions have formed. Typical colors are gray mottlings, solid gray, or black. The depth in the soil at which these conditions first occur is termed the seasonal high water table. Impermeable barriers shall be constructed of at least 12 inches of compacted clay, at least four inches of reinforced concrete, or another material of similar structural integrity that has a minimum permeability rating of 0.0014 inches per hour [ (1X10-6 (1X10-6 ] centimeters per second); and
d. For animal waste that is not stored [ in a waste storage facility or ] under roof, the storage site must be at least 100 feet from any surface water, intermittent drainage, wells, sinkholes, rock outcrops, and springs.
2. Any liquid animal waste collection and storage facility shall be designed and operated to (i) prevent point source discharges of pollutants to state waters except in the case of a storm event greater than the 25-year, 24-hour storm and (ii) provide adequate waste storage capacity to accommodate periods when the ground is frozen or saturated, periods when land application of nutrients should not occur due to limited or nonexistent crop nutrient uptake, and periods when physical limitations prohibit the land application of waste.
3. Waste storage facilities constructed after December 1, 1998, shall not be located on a 100-year floodplain.
4. Earthen waste storage facilities constructed after December 1, 1998, shall include a properly designed and installed liner. Such liner shall be either a synthetic liner of at least 20 mils thickness or a compacted soil liner of at least one foot thickness with a maximum permeability rating of 0.0014 inches per hour. A Virginia licensed professional engineer [ , or ] an employee of the Natural Resources Conservation Service of the U.S. Department of Agriculture with appropriate engineering approval authority [ or an employee of a soil and water conservation district with appropriate engineering approval authority ] shall certify that the siting, design, and construction of the waste storage facility comply with the requirements of this subsection. This certification shall be maintained on site.
5. At earthen waste storage facilities constructed below the seasonal high water table, the top surface of the waste must be maintained at a level of at least two feet above the water table.
6. All liquid waste storage or [ waste ] treatment facilities shall maintain at least one foot of freeboard at all times, [ except in the case of a storm event ] up to and including a 25-year, 24-hour storm.
C. Land application requirements. An animal waste end-user who (i) receives more than 10 tons of solid or semi-solid animal waste (solid or semi-solid animal waste contains less than 85% moisture) or more than 6,000 gallons of liquid animal waste (liquid animal waste contains 85% or more moisture) from an owner or operator of an animal feeding operation covered by a VPA or VPDES permit and (ii) land applies animal waste shall follow appropriate land application requirements as outlined in this subsection. The application of animal waste shall be managed to minimize adverse water quality impacts.
1. The maximum application rates can be established by the following methods:
a. Phosphorus crop removal application rates can be used when:
(1) Soil test phosphorus levels do not exceed the values listed in the table below:
| Region | Soil Test P (ppm) VPI & SU Soil Test (Mehlich I) * |
| Eastern Shore and Lower Coastal Plain | 135 |
| Middle and Upper Coastal Plain and Piedmont | 136 |
| Ridge and Valley | 162 |
| * If results are from another laboratory the Department of Conservation and Recreation approved conversion factors must be used. |
(2) The phosphorus crop removal application rates are set forth by regulations promulgated by the Department of Conservation and Recreation in accordance with § 10.1-104.2 of the Code of Virginia.
b. Animal waste may be applied to any crop once every three years at a rate of no greater than 80 pounds [ of plant available phosphorus ] per acre when:
(1) The plant available phosphorus supplied by the animal waste is based on a waste nutrient analysis obtained in the last two years;
(2) In the absence of current soil sample analyses and recommendations; and
(3) Nutrients have not been supplied by an organic source, other than pastured animals, to the proposed land application sites within the previous three years of the proposed land application date of animal waste.
c. Soil test recommendations can be used when:
(1) Accompanied by analysis results for soil tests that have been obtained from the proposed field or fields in the last three years;
(2) The analytical results are from procedures in accordance with [ 4VAC5-15-150 A 2 f 4VAC50-85-140 A 2 f ]; and
(3) Nutrients from the waste application do not exceed the nitrogen or phosphorus recommendations for the proposed crop or double crops. The recommendations shall be in accordance with [ 4VAC5-15-150 A 2 a 4VAC50-85-140 A 2 a ].
d. A nutrient management plan developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia.
2. The timing of land application of animal waste shall be appropriate for the crop, and in accordance with [ 4VAC5-15-150 A 4 4VAC50-85-140 A 4 ], except that no waste may be applied to ice covered or snow covered ground or to soils that are saturated.
3. Animal waste shall not be land applied within buffer zones. Buffer zones at waste application sites shall, at a minimum, be maintained as follows:
a. Distance from occupied dwellings: 200 feet (unless the occupant of the dwelling signs a waiver of the buffer zone);
b. Distance from water supply wells or springs: 100 feet;
c. Distance from surface water courses: 100 feet (without a permanent vegetated buffer) or 35 feet (if a permanent vegetated buffer exists). Other site-specific conservation practices may be approved by the department that will provide pollutant reductions equivalent or better than the reductions that would be achieved by the 100-foot buffer;
d. Distance from rock outcropping (except limestone): 25 feet;
e. Distance from limestone outcroppings: 50 feet; and
f. Waste shall not be applied in such a manner that it would discharge to sinkholes that may exist in the area.
D. Animal waste end-users shall maintain the records demonstrating compliance with the requirements of subsections B and C of this section for at least three years and make them available to department personnel upon request.
E. The activities of the animal waste end-user shall not contravene the Water Quality Standards, as amended and adopted by the board, or any provision of the State Water Control Law (§ 62.1-44 et seq. of the Code of Virginia).
F. Any duly authorized agent of the board may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this regulation.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (9VAC25-192)
Virginia Pollution Abatement General Permit Registration Statement for Animal Feeding Operations (rev. 8/04).
Virginia DEQ Registration Statement for VPA General Permit for Animal Feeding Operations for Owners of Animal Feeding Operations, RS VPG1 (rev. [ 2/13) 3/14) ]
Virginia DEQ Registration Statement for VPA General Permit for Animal Feeding Operations for Animal Waste End-Users, RS End-Users, VPG1 [ (2/13) (rev. 3/14) ]
Local Government Ordinance Form (eff. 11/94)
[ Virginia DEQ Fact Sheet for Animal Waste Use and Storage (rev. 4/14) ]
VA.R. Doc. No. R12-3285; Filed April 15, 2014, 10:01 a.m.