014.00.14 Ark. Code R. § 003

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.00.14 Ark. Code R. § 003
• Year: 2023

Chapter 1 : TITLE, PURPOSE AND APPLICABILITY

Reg 5.101 Title The following rules and regulations of the Arkansas Pollution Control and Ecology Commission adopted pursuant to the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8Title8-4-101 et seq.) shall be known as Regulation No. 5, Liquid Animal Waste Management Systems.

Reg. 5.102 Purpose The purpose of this regulation is to establish the minimum qualifications, standards and procedures for issuance of permits for confined animal operations using liquid animal waste management systems within the state and for the issuance of permits for land application sites within the state This regulation provides management, operational and maintenance procedures necessary to prevent point source pollution and minimize nonpoint source pollution to the waters of the state and control to the degree practicable the generation of offensive odors by regulated confined animal operations. The siting and separation requirements set forth in this regulation are intended to protect water quality, to protect public health, and to abate odor. In order to minimize odor, the Arkansas Pollution Control and Ecology Commission's policy is to encourage permittees to adopt a good neighbor pohcy and consider the use of chemical or biological additives or other best management practices in the operation of liquid animal waste management systems.

Reg. 5.103 Applicability The provisions of this regulation are applicable to the operation of hog, poultry or dairy farms or other confined animal operations using liquid animal waste management systems.

Reg. 5.104 Policy for Compliance It shall be the policy of the Department to provide a reasonable time for holders of existing permits to comply with new or revised provisions of this regulation. Holders of existing permits shall achieve compliance with this regulation at the earliest practicable time, not to exceed five years from the effective date of the regulation.

Reg. 5.105 Exemption Any confined animal operation using a liquid waste disposal system shall be exempt from the requirements of this regulation if the owner or operator obtains and maintains active coverage under either an National Pollutant Discharge Elimination System individual or general permit for discharges from a concentrated animal feeding operation.

Chapter 2 : DEFINITIONS

Reg. 5.201 Definitions The following definitions shall apply: Actmeans the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8-4-lOl et seq. Animal feeding operation(AFO) means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Best Management Practicesmeans schedules of activities, prohibited activities, maintenance procedures and management practices that prevent or reduce pollution of the waters of the state as set forth in this regulation and the General Permit. Commissionmeans the Arkansas Pollution Control and Ecology Commission Confined Animal Operationmeans any lot or facility where livestock, fowl, or other animals have been, are or will be stabled or confined and fed or maintained and where crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over significant portions of the lot or facility. Concentrated animal feeding operation(CAFO) means an AFO that is defined as a Large CAFO or as a Medium CAFO pursuant to 40 CFR 40Concentrated animal feeding operations (applicable to State NPDES programs, see 123.25)122.23, or that is designated as a CAFO in accordance with 40 CFR 40Concentrated animal feeding operations (applicable to State NPDES programs, see 123.25)122.23(c). Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes. Departmentmeans the Arkansas Department of Environmental Quality, or its successor. Directormeans the Director of the Arkansas Department of Environmental Quality or his/her designated representative. Liquid Animal Waste Management Systemmeans any system used for the collection, storage, distribution or disposal of animal waste in liquid form generated by a confined animal oneration. Site Management Planmeans a plan prepared by the United States Department of Agriculture Natural Resource Conservation Service an Arkansas Natural Resources Commission water quality technician, Certified Nutrient Management Planner, the University of Arkansas Cooperative Extension Service, or a professional engineer registered in the state of Arkansas which includes a detailed map of the land application site showing all buffer zones a description of the land use and the crops grown on the site, and a land use agreement if the site is not owned by the permittee. In Nutrient Surplus Areas designated by Ark. Code Ann. § 15Declared nutrient surplus areas15-20-1104 persons drafting nutrient management plans must be certified by the Arkansas Natural Resource Commission in accordance with Ark. Code Ann. § 15Designated nutrient application15-20-1106 and Arkansas Natural Resources Commission Title 20, "Rules Governing the Arkansas Nutrient Management Planner Certification Program." Waste Management Planmeans a plan prepared by the United States Department of Agriculture Natural Resource Conservation Service, an Arkansas Natural Resources Commission water quality technician, the University of Arkansas Cooperative Extension Service, or a professional engineer registered in the state of Arkansas detailing the management and disposal of liquid wastes generated in a confined animal operation. In Nutrient Surplus Areas designated by Ark. Code Ann. § 15Declared nutrient surplus areas15-20-1104, persons drafting nutrient management plans must be certified by the Arkansas Natural Resource Commission in accordance with Ark. Code Ann. § 15Designated nutrient application15-20-1106 and Arkansas Natural Resources Commission Title...