62.1-44.17:1 - Permits for confined animal feeding operations
§ 62.1-44.17:1. Permits for confined animal feeding operations.
A. For the purposes of this chapter, "confined animal feeding operation"means a lot or facility, together with any associated treatment works, whereboth of the following conditions are met:
1. Animals have been, are, or will be stabled or confined and fed ormaintained for a total of 45 days or more in any 12-month period; and
2. Crops, vegetation, forage growth or post-harvest residues are notsustained over any portion of the operation of the lot or facility.
Two or more confined animal feeding operations under common ownership areconsidered to be a single confined animal feeding operation if they adjoineach other or if they use a common area or system for the disposal of liquidwaste.
A1. Notwithstanding the provisions of subsection B, the Board shallpromulgate regulations requiring Virginia Pollutant Discharge EliminationSystem permits for confined animal feeding operations to the extent necessaryto comply with § 402 of the federal Clean Water Act (33 U.S.C. § 1342), asamended.
B. A confined animal feeding operation with 300 or more animal unitsutilizing a liquid manure collection and storage system, upon fulfillment ofthe requirements of this section, shall be permitted by a General VirginiaPollution Abatement permit (hereafter referred to as the "General Permit"),adopted by the Board. In adopting the General Permit the Board shall:
1. Authorize the General Permit to pertain to confined animal feedingoperations having 300 or more animal units;
2. Establish procedures for submitting a registration statement meeting therequirements of subsection C. Submitting a registration statement shall beevidence of intention to be covered by the General Permit; and
3. Establish criteria for the design and operation of confined animal feedingoperations only as described in subsection E.
C. For coverage under the General Permit, the owner of the confined animalfeeding operation shall file a registration statement with the Department ofEnvironmental Quality providing the name and address of the owner of theoperation, the name and address of the operator of the operation (ifdifferent than the owner), the mailing address and location of the operation,and a list of the types, maximum number and average weight of the animalsthat will be maintained at the facility. The owner shall attach to theregistration statement:
1. A copy of a letter of approval of the nutrient management plan for theoperation from the Department of Conservation and Recreation;
2. A copy of the approved nutrient management plan;
3. A notification from the governing body of the locality where the operationis located that the operation is consistent with all ordinances adoptedpursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2;
4. A certification that the owner or operator meets all the requirements ofthe Board for the General Permit; and
5. A certification that the owner has given notice of the registrationstatement to all owners or residents of property that adjoins the property onwhich the proposed operation will be located. Such notice shall include (i)the types and maximum number of animals that will be maintained at thefacility and (ii) the address and phone number of the appropriate Departmentof Environmental Quality regional office to which comments relevant to thepermit may be submitted. Such certification of notice shall be waivedwhenever the registration is for the purpose of renewing coverage under apermit for which no expansion is proposed and the Department of EnvironmentalQuality has not issued any special or consent order relating to violationsunder the existing permit.
D. Any person may submit written comments on the proposed operation to theDepartment within 30 days of the date of the filing of the registrationstatement. If, on the basis of such written comments or his review, theDirector determines that the proposed operation will not be capable ofcomplying with the provisions of this section, the Director shall require theowner to obtain an individual permit for the operation. Any suchdetermination by the Director shall be made in writing and received by theowner not more than 45 days after the filing of the registration statementor, if in the Director's sole discretion additional time is necessary toevaluate comments received from the public, not more than 60 days after thefiling of the registration statement.
E. The criteria for the design and operation of a confined animal feedingoperation shall be as follows:
1. The operation shall have a liquid manure collection and storage facilitydesigned and operated to: (i) prevent any discharge to state waters, except adischarge resulting from a storm event exceeding a 25-year, 24-hour storm and(ii) provide adequate waste storage capacity to accommodate periods when theground is frozen or saturated, periods when land application of nutrientsshould not occur due to limited or nonexistent crop nutrient uptake, andperiods when physical limitations prohibit the land application of waste;
2. The operation shall implement and maintain on site a nutrient managementplan approved pursuant to subdivision 1 of subsection C. The nutrientmanagement plan shall contain at a minimum the following information: (i) asite map indicating the location of the waste storage facilities and thefields where waste will be applied; (ii) site evaluation and assessment ofsoil types and potential productivities; (iii) nutrient management samplingincluding soil and waste monitoring; (iv) storage and land area requirements;(v) calculation of waste application rates; (vi) waste application schedules;and (vii) a plan for waste utilization in the event the operation isdiscontinued;
3. Adequate buffer zones, where waste shall not be applied, shall bemaintained between areas where waste may be applied and (i) water supplywells or springs, (ii) surface water courses, (iii) rock outcroppings, (iv)sinkholes, and (v) occupied dwellings unless a waiver is signed by theoccupants of the dwellings;
4. The operation shall be monitored as follows: (i) waste shall be monitoredat least once per year; (ii) soil shall be monitored at least once everythree years; (iii) ground water shall be monitored at new earthen wastestorage facilities constructed to an elevation below the seasonal high watertable or within one foot thereof; and (iv) all facilities previously coveredby a Virginia Pollution Abatement permit that required ground watermonitoring shall continue such monitoring. In such facilities constructedbelow the water table, the top surface of the waste must be maintained at alevel of at least two feet above the water table. The Department ofEnvironmental Quality and the Department of Conservation and Recreation mayinclude in the permit or nutrient management plan more frequent or additionalmonitoring of waste, soils or groundwater as required to protect statewaters. Records shall be maintained to demonstrate where and at what ratewaste has been applied, that the application schedule has been followed, andwhat crops have been planted. Such records shall be available for inspectionby the Department of Environmental Quality and shall be maintained for aperiod of five years after recorded application is made;
5. New earthen waste storage facilities shall include a properly designed andinstalled liner. Such liner shall be either a synthetic liner of at least 20mils thickness or a compacted soil liner of at least one foot thickness witha maximum permeability rating of 0.0014 inches per hour. A licensedprofessional engineer, an employee of the Natural Resources ConservationService of the United States Department of Agriculture with appropriateengineering approval authority, or an employee of a soil and waterconservation district with appropriate engineering approval authority shallcertify that the siting, design and construction of the waste storagefacility comply with the requirements of this section;
6. New waste storage facilities shall not be located on a 100-year floodplain;
7. All facilities must maintain one foot of freeboard at all times, up to andincluding a 25-year, 24-hour storm;
8. All equipment needed for the proper operation of the permitted facilitiesshall be maintained in good working order. Manufacturer's operating andmaintenance manuals shall be retained for references to allow for timelymaintenance and prompt repair of equipment when appropriate;
9. The owner or operator of the operation shall notify the Department ofEnvironmental Quality at least 14 days prior to animals being placed in theconfined facility; and
10. Each operator of a facility covered by the General Permit on July 1,1999, shall, by January 1, 2000, complete the training program offered orapproved by the Department of Conservation and Recreation under subsection F.Each operator of a facility permitted after July 1, 1999, shall complete suchtraining within one year after the registration statement required bysubsection C has been submitted. Thereafter, all operators shall complete thetraining program at least once every three years.
F. The Department of Conservation and Recreation, in consultation with theDepartment of Environmental Quality and the Virginia Cooperative ExtensionService, shall develop or approve a training program for persons operatingconfined animal feeding operations covered by the General Permit. The programshall include training in the requirements of the General Permit; the use ofbest management practices; inspection and management of liquid manurecollection, storage and application systems; water quality monitoring andspill prevention; and emergency procedures.
G. Operations having an individual Virginia Pollution Abatement permit or aNo Discharge Certificate may submit a registration statement for operationunder the General Permit pursuant to this section.
H. The Director of the Department of Environmental Quality may require theowner of a confined animal feeding operation to obtain an individual permitfor an operation subject to this section upon determining that the operationis in violation of the provisions of this section or if coverage under anindividual permit is required to comply with federal law. New or reissuedindividual permits shall contain criteria for the design and operation ofconfined animal feeding operations including, but not limited to, thosedescribed in subsection E.
I. No person shall operate a confined animal feeding operation with 300 ormore animal units utilizing a liquid manure collection and storage systemafter July 1, 2000, without having submitted a registration statement asprovided in subsection C or being covered by a Virginia Pollutant DischargeElimination System permit or an individual Virginia Pollution Abatementpermit.
J. Any person violating this section shall be subject only to the provisionsof §§ 62.1-44.23 and 62.1-44.32 (a), except that any civil penalty imposedshall not exceed $2,500 for any confined animal feeding operation covered bya Virginia Pollution Abatement permit.
(1994, c. 698; 1998, cc. 805, 863; 2001, c. 109; 2003, c. 375; 2004, c. 455.)