HomeMy WebLinkAbout962410.tiff 0 1992 THE PUBLIC RECORD CORPORATION
ALL RIGHTS RESERVED 15 CR 8, 8-92 Page 20
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Commission
As Adopted: April 16, 1974
Effective: August 1, 1974
Format Changed: May 4, 1976
Amended: July 6, 1992
Effective: August 30, 1992
CONFINED ANIMAL FEEDING OPERATIONS CONTROL REGULATION
Materials incorporated by reference in this regulation are
available for public inspection during regular business hours at
the Colorado Department of Health, Water Quality Control
Division, 4210 E. 11th Avenue, Room 320, Denver, Colorado. The
regulation incorporates the materials as they exist at the date
of the promulgation of this regulation and does not include later
amendments to or editions of the incorporated materials.
4.8.0 AUTHORITY
Section 25-8-205, C.R.S. 1973, as amended.
4.8.1 PURPOSE
The purposes of this control regulation are:
(1) to insure that there shall be no
discharge of manure or process wastewater
from concentrated animal feeding operations
into waters of the state.
(2) to encourage that these materials be
retained and utilized beneficially on
agricultural land in a manner which does not
cause exceedances of applicable standards or
harm to existing or classified uses of state
waters.
(3) to insure that animal feeding operations
which do not meet any of the criteria which
define concentrated animal feeding
operations, nevertheless protect surface
water, ground water and soil resources
through proper application of "best
management practices" based upon existing
physical conditions and constraints at the
facility site.
(4) this regulation is not intended to address public
health nuisance conditions or land use controls such as
zoning requirements.
EXHIBIT
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4.8.2 DEFINITIONS
(1) "ANIMAL FEEDING OPERATION"
An "animal feeding operation" is a confined animal or
poultry growing operation (facility) for meat, milk or
egg production or stabling wherein livestock are fed at
the place of confinement for 45 days or longer in any
12 month period and crop or forage growth is not
maintained in the area of confinement, and the facility
does not meet one of the criteria for a concentrated
animal feeding operation.
(2) "ANIMAL UNIT"
"Animal Unit" means a unit of measurement used to
determine the animal capacity of an animal-feeding
operation containing two or more species of animals.
The animal unit capacity of an operation is determined
by multiplying the number of animals of each species by
the appropriate equivalency factor from Table 1, and
summing the resulting totals for all animal species
contained in the operation.
TABLE I
Animal Unit Equivalency Factors
Animal Species Equivalency Factor
Slaughter and feed cattle 1.0
Mature dairy cattle 1..4
Swine, butcher and breeding (over 55 lbs.) 0.2
Sheep or lambs 0.2
Horses 1.0
Turkeys 0.02
Chickens broiler or layer 0.01
+ Young stock, less than 50% of adult weight, reduces the
above equivalency factor by 1/2.
(3) "AVERAGE WORKING CAPACITY "
"Average working capacity" is the average occupancy of
the animal feeding operation on a year-round basis
defined as the sum of the end-of-month occupancy rates
divided by the number of months during a calendar year
the facility conducts animal feeding operations.
(4) "CONCENTRATED ANIMAL FEEDING OPERATIONS"
"Concentrated Animal Feeding Operation", means a
concentrated, confined animal or poultry growing
operation (facility) for meat, milk or egg production
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or stabling, in pens or houses wherein the animals or
poultry are fed at the place of confinement for 45 days
or longer in any 12 month period and crop or forage
growth or production is not sustained in the area of
confinement. Two or more animal-feeding operations
under common ownership or management are deemed to be a
single animal-feeding operation if they are adjacent or
utilize a common area or system for manure disposal.
"Concentrated Animal Feeding Operations" meet one cc
more of the following criteria:
(a) Average Working Capacity, of 1,000 or more animal
units as defined in this regulation, or
(b) Case-by-case designation under one of the following
criteria:
i) Pollutants are discharged into
waters of the state through a
manmade ditch, flushing system or
other similar manmade device; or
ii) Pollutants are discharged
directly into waters of the state
which originate outside of the
facility and pass over, across or
through the facility or otherwise
come into direct contact with the
animals confined in the operation;
or
(c) The animal feeding operation is in a location
which reasonably could be expected to adversely affect
a hydrologically sensitive area.
(5) "DIRECTOR"
"Director" refers to the Director of the
Water Quality Control Division.
(6) "EXPANDED FACILITY"
An "Expanded Facility" is a concentrated animal feeding
operation which is increased in physical area or
average working capacity by one third of the existing
capacity on or after the effective date of this
amendment.
(7) "HOUSED ANIMAL FEEDING OPERATION"
"Housed animal feeding operation" is an operation with
totally roofed buildings with open or enclosed sides
errs
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wherein livestock or poultry are housed on solid
concrete or dirt floors, slotted (partially open)
floors over pits or manure collection areas in pens,
stalls or cages, with or without bedding materials and
mechanical ventilation. For the purposes of this
subchapter, the term housed lot includes the terms
slotted floor building, barn, stable, or house, for
livestock or poultry, as these terms are commonly used
in the agriculture industry.
(8) "HYDROLOGICALLY SENSITIVE AREA"
"Hydrologically Sensitive Area" includes: Areas where
significant groundwater recharge occurs or where
contamination from animal feeding operations could
impact existing drinking water withdrawals, classified
uses, or reasonably likely future public drinking water
system withdrawals; areas where animal feeding
operations could impair water bodies subject to
antidegradation review or classified for Class 1
Recreation or Class 1 Aquatic Life.
(9) "MAN-MADE DRAINAGE SYSTEM"
"Man-made drainage system" means a drainage ditch,
flushing system, or other drainage device which was
constructed by man and is used for the purpose of
transporting wastes.
(10) "MANURE"
"Manure" is defined as feces, urine, litter, bedding,
or feed waste from animal feeding operations.
(11) "NEW FACILITY"
A "new facility" is an operation which was constructed
on or after August 30, 1992.
(12) "NO DISCHARGE"
The term "no-discharge" shall be defined as no-
discharge of manure or process wastewater to waters of
the state except in the event of an applicable design
storm event specified in section in 4.8.3(b) .
(13) "OPEN ANIMAL FEEDING OPERATION"
"Open animal feeding operation" consists of pens or
similar confinement areas with dirt, concrete, or other
paved or hard surfaces wherein animals or poultry are
substantially or entirely exposed to the outside
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environment except for small portions of the total
confinement area affording protection by windbreaks or
small shed-type shade areas. For the purposes of this
regulation, the term open animal feeding operation is
synonymous with the terms yard, pasture lot, dirt lot,
and dry lot, for livestock or poultry, as these terms
are commonly used in the agricultural industry.
(14) "OPERATOR"
"operator" means any individual, partnership or
corporation, or association doing business in this
state.
(15) "PROCESS WASTEWATER"
"Process wastewater" means any process-generated
wastewater and any precipitation (rain or snow) which
comes into contact with any manure or any other raw
material or intermediate or final material or product
used in or resulting from the production of animals or
poultry or their direct products (e.g. , milk, eggs) .
(16) "PUBLIC DRINKING WATER SYSTEM"
"Public Drinking Water System" means a system for the
provision to the public of piped water for human
consumption, if such system has at least 15 service
connections or serves an average of at least 25 persons
daily at least 60 days out of the year. A public
drinking system includes both community and non-
community systems.
(17) "REACTIVATED FACILITY"
A "Reactivated Facility" is a concentrated animal
feeding operation which has been in a non-operating
status for three consecutive years and is reactivated
on or after August 30, 1992.
(18) "RECONSTRUCTED FACILITY"
A "Reconstructed Facility" is a concentrated animal
feeding operation which is reconstructed on or after
August 30, 1992, due to damage from a flood, fire.
dilapidation or reconfiguration of the facility.
(19) "SIGNIFICANT GROUNDWATER RECHARGE"
"Significant groundwater recharge" is defined as high
or very high seepage rates as determined using the
methods described in SCS NENTC-Engineering Geology
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Technical Note No. 5 attached as Appendix A or other
authoritative document as approved by the Division.
(20) "TEN YEAR TWENTY-FOUR HOUR STORM" AND "TWENTY
FIVE-YEAR TWENTY-FOUR HOUR STORM"
"Ten year twenty-four-hour storm" and "twenty-five year
twenty-four-hour storm" mean a storm of a 24-hour
duration which yields a total precipitation of a
magnitude which has a probability of recurring once
every ten or twenty-five years, respectively, as shown
in Appendix B.
(21) "VADOSE ZONE"
"VADOSE ZONE" means the zone between the land surface
and the water table. It includes the area beneath the
root zone, intermediate zone, and capillary fringe.
Saturated bodies, such as perched ground water, may
exist in the vadose zone, also called zone of aeration
and unsaturated zone. •
(22) "WATERS OF THE STATE"
"Waters of the State" means any and all surface and
subsurface waters which are contained in or flow in or
through this state, except waters in sewage systems,
waters in treatment works of disposal systems, waters
in potable water distribution systems, and all water
withdrawn for use until use and treatment have been
completed.
4.8.3 SURFACE WATER PROTECTION REQUIREMENTS-Concentrated
Animal Feedina Operations
•
(A) General Performance Requirements
Concentrated animal feeding operations are required to be
operated as no-discharge facilities. Compliance with the
no-discharge provision can only be achieved by installation
and operation of adequate manure and process wastewater
collection, storage and land application facilities.
(1) Open concentrated animal feeding operations
shall control all manure and process wastewater
including flows from the animal areas and all
other flows from an applicable storm event.
Control of manure and process wastewater from open
concentrated animal feeding operations may be
accomplished through use of retention basins,
terraces, or other runoff control methods. In
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addition, diversions of uncontaminated surface
drainage prior to contact with the concentrated
animal feeding operation or manure storage areas
maybe required by the Division in order to prevent
water pollution.
(2) Housed concentrated animal feeding
operations shall control manure and process
wastewater produced in the confinement
enclosures between periods of disposal.
Control of manure and process wastewater from
housed animal feeding operations may be
accomplished through use of earthen storage
structures (such as lagoons or earthen
basins) , formed storage tanks (such as
concrete, steel, or wood tanks) , or other
control methods. Sufficient capacity shall
be provided in the control structures to
store all manure and process wastewater
between periods of disposal. Additional
capacity shall be provided if precipitation
or discharges from other sources can enter
the manure and process wastewater control
structures.
(B) Design Criteria
(1) An operator of an existing concentrated animal
feeding operation constructed prior to April 16, 1974
and operated continuously since that time shall not
discharge manure, process wastewater or stormwater
runoff from the facility to state waters except as the
result of storms equal to or in excess of the amount
resulting from a ten-year 24-hour storm. The 10 year
24-hour storm event design criterion applies to all
stormwater diversion structures (e.g. dikes, berms,
ditches) as well as manure and process wastewater
retention and control structures.
(a) Any discharge to state waters shall be as the
result of excess flow or overflow beyond the
properly designed and constructed retention
capability or hydraulic capacity of the manure or
process wastewater control structures. A
discharge shall not result from dewatering or
lowering of the process wastewater level or solids
storage level below the design retention
capability of the control structures.
(b) A concentrated animal feeding operation which
changes ownership or increases its average working
capacity shall not discharge manure and process
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wastewater or storm run-off water from the feeding
operation to state waters except as the result of
storms in excess of a 25-Year 24-Hour storm event.
(2) An operator of a concentrated animal feeding
operation constructed after April 16, 1974, or
constructed earlier, but inactive for longer than three
consecutive years after that date, shall design,
construct and operate control structures as necessary
to retain and dispose without discharge all manure and
process wastewater produced by the facility and all
storm run-off which enters the facility as the result
of precipitation equal to or less than the amount
resulting from a twenty-five-year twenty-four-hour
storm.
(3) Runoff volume from. the concentrated
animal feeding operation surface shall be
determined from soil cover complex curve
number 90 for unpaved lots, or soil cover
complex curve number 97 for paved lots, as
defined by the United States Department of
Agriculture (U.S.D.A.) Soil Conservation
Service and as depicted in Appendix C. The
director may approve the use of a different
soil cover complex curve number on a case-by-
case basis.
(C) Operation and Maintenance Requirements
(1) Manure and Process Wastewater Removal:
Accumulations of manure and process wastewater shall be
removed from the control retention structures as
necessary to prevent overflow or discharge from the
structures. Manure and process wastewater stored in
earthen storage structures (lagoons or earthen storage
basins) shall be removed from the structures as
necessary to maintain a minimum of two feet of
freeboard in the structure, unless a greater level of
freeboard is required to maintain the structural
integrity of the structure or to prevent overflow.
(2) To ensure that adequate capacity exists in the
control structures to retain all manure and process
wastewater produced during periods when land
application or disposal operations cannot be conducted
(due to inclement weather conditions, lack of available
land disposal areas, or other factors) , manure and
process wastewater shall be removed from the control
structures as necessary prior to these periods.
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(3) Off-site drainage diversion: When animal
confinement areas and manure stockpiles must be
isolated from outside surface drainage by ditches,
pipes, dikes, berms, terraces or other such structures,
these diversion structures shall be maintained to carry
peak flows expected at times when the applicable design
storm event occurs. All manure stockpile areas shall
constructed and be maintained so as to retain all
rainfall which comes in contact with the stockpiles.
(4) Adequate equipment shall be available on
site or provided for in a written agreement
for the removal of accumulations of manure
and process wastewater as required for
compliance with the provisions of this
section.
(5) Process wastewater retention structures
shall be equipped with either irrigation or
evaporation systems capable of dewatering the
retention structures.
(a) For irrigation disposal systems,
except as provided in paragraphs (1) and
(2) of this subsection, whenever 50% of
the design runoff storage capacity is
exceeded by accumulated runoff,
sediment, manure, or process-generated
wastewater, the retention structure
shall be dewatered to a level that
restores the full runoff storage
capacity and the dewatering process
shall be completed within a 15-day
period. If the irrigation system is not
capable of dewatering the retention
structures as required herein,
sufficient additional storage capacity
shall be provided in lieu of dewatering
capabilities upon written approval of
the director, and under such terms and
conditions as the director may specify.
(b) Evaporation systems shall be designed to
withstand a 10-year period of maximum recorded
rainfall, as determined by a water budget analysis
process which includes manure and process
wastewater loading during that period and provides
sufficient freeboard to retain all rainfall and
rainfall runoff from the applicable design storm
event without overflow.
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4.8.4 GROUND WATER PROTECTION REQUIREMENTS - CONCENTRATED
ANIMAL FEEDING OPERATIONS
(A) Manure and Process Wastewater Retention Structures
Except as provided in subsection 4.8.4 (B) and (C) , below,
all process wastewater retention structures shall be
constructed of compacted or in-situ earthen materials or
other very low permeability materials, and shall be
maintained, so as not to exceed a seepage rate of 1/32"/day
(1 X 10-6 cm/sec.) . The operator shall have available
suitable evidence that a completed lining meeting the
requirements of this subsection 4.8.4(A) was constructed.
(1) Compacted or in-situ earthen materials shall
consist of suitable soils which meet the seepage rate
of this section and shall have a minimum compacted
thickness of 12";
(2) Very low permeability materials include flexible
membrane linings, asphalt sealed fabric liners, and
bentonite sealants. Installation of very low
permeability materials shall be in accordance with the
manufacturer's installation specifications;
(3) Alternative methods of lining, other than those
described in subsections (1) and (2) above, require
prior written approval of the Director.
(B) Retention structures which collect storm water runoff
from open animal feeding operations and no other waters
except, if any, water which has not come into contact with
manure or process wastewater, such as boiler cooling water
or flow-through livestock drinking water, shall be
constructed of a material and maintained so as not to exceed
a seepage rate of 1/4" per day (1 X 10-5 cm/sec. ) , provided
that the retention structure is dewatered so that the full
runoff storage capacity is restored within 15 days of the
storm event, consistent with the provisions of Section
4.8.5.
(C) Earthen retention structures in existence as of August
30, 1992, shall be exempt from the requirement to have
available suitable evidence that a completed lining meeting
the requirements of subsection 4.8.4 (A) has been
constructed. Whenever the Director makes a determination
that seepage of nutrients or other pollutants from manure or
process wastewater into ground water occurs at a rate
greater than allowed in this section, the Director may
require compliance with the provisions of subsections
(A) (1) , (2) , or (3) of this section.
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(D) Manure and Process Wastewater Conveyance Structui:es:
(1) Manure and process wastewater conveyance
structures shall be designed and constructed to prevent
exceedances of applicable water quality standards or
impairment of existing or classified beneficial uses.
(2) Infiltration of process wastewater shall be
limited to the maximum extent practicable through the
use of very low permeability earthen materials and
proper compaction or through the use of synthetic
conveyance materials.
4.8.5 BENEFICIAL USE AND DISPOSAL OF MANURE AND PROCESS
WASTEWATER - CONCENTRATED ANIMAL FEEDING OPERATIONS
(A) If land application is utilized for disposal of manure
or process wastewater, the following requirements shall
apply:
(1) Manure and process wastewater shall not be
distributed on agricultural lands in a manner that
adversely affects the quality of waters of the
state by causing exceedances of applicable water
quality standards, numerical protection levels or
impairment of existing beneficial uses.
(2) When irrigation disposal of process wastewater
is employed, the irrigation application rate
should not exceed the estimated soil infiltration
rate. For flood irrigation, tailwater facilities
shall be provided. Irrigation application rates
shall be adjusted to avoid significant ponding of
concentrated runoff in surface depressions or
seasonal drainage ways.
(3) There shall be no discharge to waters of the state
resulting from land application activities when the
ground is frozen, saturated or during rainfall events.
4) Sprinkler type land application systems shall be
equipped with a backflow prevention device or an air
gap between the irrigation well pump at the water
source and the point of injection of the process
wastewater. This equipment shall prevent process
wastewater from being pumped, drained or siphoned into
the irrigation water source if fresh water is being
applied along with the wastewater. Any system which is
in compliance with the requirements of the Colorado
Chemigation Act Section 35,11-101 et. seq. C.R.S.
(Supp. 1990) , shall be deemed in compliance with this
requirement.
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(5) The land application rate for manure and process
wastewater shall be limited by the operator as set
forth in 4.8.5(A) (5) (a) , (b) , or (c) , below.
Subsections (a) and (b) pertain to seasonal land
application activities based on sound agronomic
practices. Subsection (c) pertains to more continuous
and intensive land application activities based on a
combination of crop uptake and land treatment
techniques.
(a) Operators may avoid the cost and effort
associated with a site-specific agronomic analysis
as described in subsection (b) below if no
supplemental or commercial fertilizers are
utilized in addition to the manure and process
wastewater generated by the facility, and if the
proper land application rate is based on the
applicable data presented in Appendices D and E.
Crop nitrogen uptake rates shall be computed as
shown in Appendix D based on the specified crop
yields. In addition, the operator shall rely on
the table values for total nitrogen content in
manure and process wastewater as shown in Appendix
E in computing the proper application rate. The
operator shall limit application based on the
assumption that all of the total nitrogen applied
from manure and process wastewater is plant
available during the year following the manure
application.
(b) Operators may apply manure and process
wastewater on a year to year basis at rates
greater than allowed in subsection (a) above based
on a site-specific agronomic analysis that
includes, all plant available nutrient inputs from
manure/process wastewater, irrigation water,
legumes, residual soil nutrients, and soil organic
matter, based upon site specific soil, water and
manure/process wastewater analyses. These data,
plus the yield goal for the crop to be grown, will
be used to calculate appropriate manure/process
wastewater and supplemental fertilizer nutrient
additions. Management factors such as manure
handling, application method, tillage, irrigation
regime, cropping and grazing patterns and site
factors such as soil texture, slope, and aspect
will be used to modify the manure/process
wastewater application rates. The operator shall
maintain copies of the agronomic analyses which
are being relied upon for the purpose of limiting
land application rates of manure and process
wastewater. Copies of such analyses shall be
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available for inspection at the facility and
records shall be maintained for a minimum of three
years.
(c) Operations which land apply manure or process
wastewater in an amount exceeding the agronomic
rates determined under subsection (5) (b) or on a
continuous or near continuous basis must comply
with this subsection (5) (c) .
(i) No later than 180 days following August
30, 1992 for existing facilities and prior to
land application for new facilities or
facilities planning to calculate their land
application rate pursuant to this subsection
(c) , the operator shall submit for the
Division's approval, a land application plan
designed to demonstrate that said rate will
not result in exceedances of applicable -water
quality standards or numerical protection
levels established pursuant to subsection
4.8.5(A) (5) (c) (iv) . The required land
application plan must include, at a minimum:
(I) The site-specific agronomic
analysis required in subsection
4.8.5(A) (5) (b) ,
(II) An analysis, based on site-specific
conditions, documenting the expected
removal of nitrogen and other nutrients
or pollutants, beyond that which occurs
as a result of plant uptake, through
physical, chemical and biological
mechanisms such as volatilization,
oxidation, adsorption, cation exchange,
and denitrification; and
(III) If deemed necessary by the
Director, a monitoring plan designed to
demonstrate that land application
practices will not result in exceedances
of applicable water quality standards or
numerical protection levels. This
monitoring plan may include such
procedures as deep soil tests below the
root zone, and water quality monitoring
in the vadose and saturated zones of
groundwater at the site.
(ii) The Division shall review the land
application plan described in subsection
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4.8.5(A) (5) (c) (i) to determine whether the
plan is adequate to demonstrate that the
proposed land application rate will not
result in exceedances of applicable water
quality standards or numerical protection
levels. The Division may grant an interim
authorization for land application at a rate
calculated pursuant to this subsection (c) in
cases where it cannot make a determination as
to whether exceedances of water quality
standards or numerical protection levels will
result, provided a monitoring plan as
described in subsection 4.8.5 (A) (5). (c) (i)
(III) is implemented by the operator. The
operator shall submit all monitoring data to
the Division. The Division may require the
operator to update or modify the land
application plan as necessary to address
conditions revealed upon implementation of
the monitoring plan.
(iii) The operator may be required to
demonstrate that land application practices
at the facility are not resulting in
exceedances of applicable water quality
standards or numerical protection levels at a
point of compliance established by the
Division in accordance with section 3.11.6(D)
of the Basic Standards for Ground Water (5
CCR 1002-8) . If the site monitoring data obtained through the operator's
implementation of the monitoring plan
approved by the Division pursuant to
subsection 4.8.5 (A) (5) (c) (ii) , or
obtained otherwise, reveals that nutrients or
other pollutants are leaching into the vadose
zone beneath or downgradient from any
application site, the Division may require
the operator to monitor the ground water at a
point prior to the point of compliance.
Where a modeled attenuation of pollutants in
the vadose zone or in the ground water has
been used as a basis for determining that
applicable water quality standards or
numerical protection levels will be met at
the point of compliance, the Division may
require detection wells or other monitoring
along one or more lines parallel with the
flow path in order to demonstrate that the
predicted attenuation is taking place.
Absent such demonstration, the Division may
require the operator to alter the land
application rate to ensure that no leaching
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of nutrients or other pollutants into the
vadose zone or ground water takes place.
(iv) Applicable water quality standards for
purposes of this regulation includes ground.
water quality standards adopted by the
Commission. Where applicable ground water
quality standards have not been adopted by
the Commission, the Division will establish
numerical protection levels based on the
existing and any reasonably probable future
beneficial uses of ground water, as outlined
in section 3.11.5 (b) of the Basic Standards
for Ground Water (5 CCR 1002-8) , which need
to be protected in the vicinity of the
discharge.
(v) The Division's determination of a
numeric protection level pursuant to
subsection 4.8.5 (A) (5) (c) (iv) above, will
not be deemed to constitute a ground water
quality classification or standard, and will
not be binding on any persons other than the
operator in question. If the operator or any
other interested person disagrees with the
numeric protection level determination made
by the Division, the operator or the
interested person may petition. the Commission
to adopt site-specific classification and
standards. Any determination made by the
Commission during the hearing process would
then become binding on the Division and the
operator. At the request of the operator or
interested person, the Commission will
consider such a hearing to be mandatory and
de novo.
(vi) Operators which land apply manure and
process wastewater at a rate provided in this
subsection 4.8.5 (A) (5) (c) shall be
required to submit a manure and process
wastewater management plan described in
section 4.8.7, which shall include the land
application plan required under this
subsection 4.8.5 (A) (5) (c) .
(6) Other process wastewater disposal methods: If the
operator proposes to use innovative methods of disposal
prior written approval from the director must first be
obtained.
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(B) Treatment and Discharge:
If treatment other than land application is utilized
prior to discharge to state waters a CDPS permit shall
be required for the operation.
4.8.6 ANIMAL FEEDING OPERATIONS- BEST MANAGEMENT PRACTICES
The following Best Management Practices (BMPs) shall be
utilized by animal feeding operations, as appropriate
based upon existing physical conditions, and site
constraints. Best management practices means, for
purposes of this regulation, activities, procedures, or
practices necessary for the reduction of impacts from
animal feeding operations, as described in 4.8.6.
The following practices to decrease runoff volume from
animal feeding operations are BMPs within the meaning
of this regulation:
(1) Operators of animal feeding operations shall
divert runoff from uncontaminated areas away from
animal confinement areas and manure and process
wastewater control facilities to the maximum extent
practicable through:
(a) Construction of ditches, terraces or other
waterways;
(b) Installation of gutters, downspouts and buried
conduits to divert roof drainage;
(c) Construction of roofed areas over animal
confinement areas everywhere it is practicable.
(2) Practices to decrease open lot surface area:
(a) Where practicable, operators of animal
feeding operations shall:
(i) Reduce lot size;
(ii) Improve lot surfacing to support increased
animal density;
(iii) Provide roofed area to the maximum extent
practicable.
(iv) Collect manure frequently; and
(v) Eliminate animal confinement areas and manure
and process wastewater control facilities in areas
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that slope in directions such that
wastewater/rainfall cannot be collected.
(3) Practices to decrease water volume:
(a) Operators of animal feeding operations shall
repair or adjust waterers and water systems to
minimize water wastage.
(b) Operators of animal feeding operations shall
use lowest practical amounts of water for manure
and process wastewater flushing.
(c) Water used to flush manure from paved surfaces
or housed confinement areas shall be recycled if
practical and applicable.
(4) Practices to decrease wastewater discharges to
watercourses:
(a) Operators of animal feeding operations shall
collect and allow wastewater to evaporate.
(b) Operators of animal feeding operations shall
collect and evenly apply wastewater to land at
proper agronomic rates.
(c) Operators shall not deposit such material
which might pollute waters of the state in
such locations that storm water run-off or
normally expected high stream flow will carry
such material into the waters of the state.
(d) Process wastewater retention structures shall
not be located within a mapped 100 year flood
plain as designated and approved by the Colorado
Water Conservation Board (CWCB) unless proper
flood proofing measures (structures) are designed
and constructed.
(5) Practices to minimize solid manure transport to
watercourses:
(a) Manure stockpiles shall be located away from
watercourses and above the 100 year flood plain as
designated and approved by CWCB unless adequate
flood proofing structures are provided.
(b) Operators of animal feeding operations shall
provide adequate manure storage capacity based
upon manure and wastewater production.
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(c) Settleable solids shall be removed by the use
of solids-setting basins, terraces, diversions, or
other solid removal methods. Construction of
solids-settling facilities shall not be required
where the division determines existing site
conditions provide adequate settleable solids
removal.
(d) Removal of settleable manure and process
wastewater solids shall be considered adequate
when the velocity of waste flows has been reduced
to less than 0.5 foot per second for a minimum of
five minutes. Sufficient capacity shall be
provided in the solids-settling facilities to
store settled solids between periods of manure and
process wastewater disposal.
(e) Operators of animal feeding operations shall
apply solid manure to suitable agricultural land
at appropriate times and rates through the
following practices:
(i) Adjustment of timing and rate of
applications to crop needs, in assuming usual
nutrient losses, expected precipitation and
soil conditions;
(ii) Avoidance of applications on saturated
soils; and
(iii) Avoidance of land subject to excessive
erosion.
(f) Operators of animal feeding operations shall
use edge-of-field, grassed strips filter fences or
straw bales to separate eroded soil and manure
particles from the field runoff.
(g) Off-site areas for manure shall be applied in
a manner consistent with paragraphs (1) through
(4) of this section.
(6) Practices to Protect Groundwater.
(a) Operators of animal feeding operations shall
locate manure and process wastewater management
facilities hydrologically downgradient and a
minimum horizontal distance of 150 feet from all
water supply wells.
(b) When applying manure and process wastewater to
land, operators of animal feeding operations shall
utilize a buffer area around water wells
5 CCR 1002-19 6 THE CODE OF COLORADO REGULATIONS
® 1992 THE PUBLIC RECORD CORPORATION 15 CR 8, 8-92 Page 38
ALL RIGHTS RESERVED
sufficient to prevent the possibility of waste
transport to groundwater via the well or well
casing.
4.8.7 MANURE AND PROCESS WASTEWATER MANAGEMENT PLANS
All new, reactivated, reconstructed or expanded
concentrated animal feeding operations and existing
concentrated animal feeding operations which have been
determined by the Director to be in significant
noncompliance with these regulations shall submit a
manure and process wastewater management plan to the
Division. The Division will provide comments on the
adequacy of the plan within 45 days of receipt of such
submittal, except for the land application plan
portion, if required, the review of which is governed
by subsection 4.8.5(A) (5) (c) . This plan, shall
include details demonstrating the facilities' adequacy
to comply with these regulations. The plan, at a -
minimum, shall include the following: legal owner,
local contact, legal description of the site, surface
area of the site along with a drainage schematic, the
design animal unit capacity, storm water and wastewater
conveyance facilities, manure and process wastewater
containment and treatment facilities, and information
on the manure and process wastewater disposal sites.
The Division may require additional information
characterizing the manure and process wastewater if
deemed necessary to insure protection of state waters.
Process wastewater retention structures or manure
stockpiles shall not be located within a mapped 100-
year floodplain as designated and approved by CWCB
unless proper flood proofing measures (structures) are
designed and constructed. Facility designs as required
under this section shall be prepared by a registered
professional engineer, the USDA Soil Conservation
Service or qualified Agricultural Extension Service
Agent or other individual with demonstrated expertise
in the design of such facilities.
4.8.8 MONITORING
Existing concentrated animal feeding operations which
are in compliance with the provisions of sections
4.8.3, 4.8.4, and 4.8.5 shall not be required to
conduct water quality monitoring except as provided
under subsection 4.8.5(A) (5) (c) . The Division may
request the Commission to require an operator of a
concentrated animal feeding operation to perform site-
specific water quality monitoring whenever the Division
determines that the facility poses a significant
potential risk to beneficial uses of state waters. In
making a determination of whether monitoring should be
THE CODE OF COLORADO REGULATIONS 962410 CCR 1002-19
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required pursuant to this control regulation, the
Commission may consider factors which include but are
not limited to: the size of the operation, the
economic impact of the proposed monitoring activities,
whether there is suspected contamination of state
waters attributable to the facility, whether early
detection of groundwater contamination is essential to
protect valuable drinking water sources, and whether
there has been a significant failure on the part of the
operator to comply with this regulation and such
significant noncompliance indicates there is a high
probability that applicable water quality standards or
numerical protection levels may be violated.
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