62.1-44.17:1.1 - Poultry waste management program
§ 62.1-44.17:1.1. Poultry waste management program.
A. As used in this section, unless the context requires a different meaning:
"Commercial poultry processor" means any animal food manufacturer, asdefined in § 3.2-5400, that contracts with poultry growers for the raising ofpoultry.
"Confined poultry feeding operation" means any confined animal feedingoperation with 200 or more animal units of poultry.
"Nutrient management plan" means a plan developed or approved by theDepartment of Conservation and Recreation that requires proper storage,treatment and management of poultry waste, including dry litter, and limitsaccumulation of excess nutrients in soils and leaching or discharge ofnutrients into state waters.
"Poultry grower" means any person who owns or operates a confined poultryfeeding operation.
B. The Board shall develop a regulatory program governing the storage,treatment and management of poultry waste, including dry litter, that:
1. Requires the development and implementation of nutrient management plansfor any person owning or operating a confined poultry feeding operation;
2. Provides for waste tracking and accounting; and
3. Ensures proper storage of waste consistent with the terms and provisionsof a nutrient management plan.
C. The program shall include, at a minimum:
1. Provisions for permitting confined poultry feeding operations under ageneral permit; however, the Board may require an individual permit upondetermining that an operation is in violation of the program developed underthis section;
2. Provisions requiring that:
a. Nitrogen application rates contained in nutrient management plansdeveloped pursuant to this section shall not exceed crop nutrient needs asdetermined by the Department of Conservation and Recreation. The applicationof poultry waste shall be managed to minimize runoff, leaching, andvolatilization losses, and reduce adverse water quality impacts from nitrogen;
b. For all nutrient management plans developed pursuant to this section afterOctober 1, 2001, phosphorous application rates shall not exceed the greaterof crop nutrient needs or crop nutrient removal, as determined by theDepartment of Conservation and Recreation. The application of poultry wasteshall be managed to minimize runoff and leaching and reduce adverse waterquality impacts from phosphorus;
c. By December 31, 2005, the Department of Conservation and Recreation, inconsultation with the Department of Environmental Quality, shall (i) completean examination of current developments in scientific research and technologythat shall include a review of land application of poultry waste, soilnutrient retention capacity, and water quality degradation and (ii) adopt andimplement regulatory or other changes, if any, to its nutrient managementplan program that it concludes are appropriate as a result of thisexamination; and
d. Notwithstanding subdivision 2 b, upon the effective date of the Departmentof Conservation and Recreation's revised regulatory criteria and standardsgoverning phosphorous application rates adopted pursuant to subdivision 2 c,or on October 31, 2005, whichever is later, phosphorous application rates forall nutrient management plans developed pursuant to this section shallconform solely to such regulatory criteria and standards adopted by theDepartment of Conservation and Recreation to protect water quality or toreduce soil concentrations of phosphorus or phosphorous loadings. Theapplication of poultry waste shall be managed to minimize runoff and leachingand reduce adverse water quality impacts from phosphorus.
D. The program shall reflect Board consideration of existing state-approvednutrient management plans and existing general permit programs for otherconfined animal feeding operations, and may include such other provisions asthe Board determines appropriate for the protection of state waters.
E. After October 1, 2001, all persons owning or operating a confined poultryfeeding operation shall operate in compliance with the provisions of thissection and any regulations promulgated thereunder.
F. 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 shall notexceed $2,500 for any confined animal feeding operation covered by a VirginiaPollution Abatement permit.
G. On or before January 1, 2000, or prior to commencing operations, eachcommercial poultry processor operating in the Commonwealth shall file withthe Board a plan under which the processor, either directly or under contractwith a third party, shall:
1. Provide technical assistance to the poultry growers with whom it contractson the proper management and storage of poultry waste in accordance with bestmanagement practices;
2. Provide education programs on poultry waste nutrient management for thepoultry growers with whom it contracts as well as for poultry litter brokersand persons utilizing poultry waste;
3. Provide a toll-free hotline and advertising program to assist poultrygrowers with excess amounts of poultry waste to make available such waste topersons in other areas who can use such waste as a fertilizer consistent withthe provisions of subdivision C 2 or for other alternative purposes;
4. Participate in the development of a poultry waste transportation andalternative use equal matching grant program between the Commonwealth andcommercial poultry processors to (i) facilitate the transportation of excesspoultry waste in the possession of poultry growers with whom it contracts topersons in other areas who can use such waste as a fertilizer consistent withthe provisions of subdivision C 2 or for other alternative purposes and (ii)encourage alternative uses to land application of poultry waste;
5. Conduct research on the reduction of phosphorus in poultry waste,innovative best management practices for poultry waste, water quality issuesconcerning poultry waste, or alternative uses of poultry waste; and
6. Conduct research on and consider implementation of nutrient reductionstrategies in the formulation of feed. Such nutrient reduction strategies mayinclude the addition of phytase or other feed additives or modifications toreduce nutrients in poultry waste.
H. Any amendments to the plan required by subsection G shall be filed withthe Board before they are implemented. After January 1, 2000, each commercialpoultry processor shall implement its plan and any amendments thereto. Eachcommercial poultry processor shall report annually to the Board on theactivities it has undertaken pursuant to its plan and any amendments thereto.Failure to comply with the provisions of this section or to implement andfollow a filed plan or any amendments thereto shall constitute a violation ofthis section.
(1999, c. 1; 2004, c. 455; 2005, c. 78.)