8 CAR pt. 24 | 8 CAR Part 24 — Liquid Animal Waste Management Systems

Chapter I

Subchapter C

Subpart 1

8 CAR § 24-101 Title {#sec-8-car-24-101 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-101}

8 CAR § 24-101. Title.

The following rules of the Arkansas Pollution Control and Ecology Commission adopted pursuant to the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., shall be known as 8 CAR pt. 24, Liquid Animal Waste Management Systems.

8 CAR § 24-102 Purpose {#sec-8-car-24-102 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-102}

8 CAR § 24-102. Purpose.

(a) The purpose of this part 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.

(b) This part 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.

(c)(1) The siting and separation requirements set forth in this part are intended to:

(A) Protect water quality;

(B) Protect public health; and

(2) In order to minimize odor, the Arkansas Pollution Control and Ecology Commission's policy is to encourage permittees to adopt a good neighbor policy and consider the use of chemical or biological additives or other best management practices in the operation of liquid animal waste management systems.

8 CAR § 24-103 Applicability {#sec-8-car-24-103 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-103}

8 CAR § 24-103. Applicability.

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

8 CAR § 24-104 Policy for compliance {#sec-8-car-24-104 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-104}

8 CAR § 24-104. Policy for compliance.

(a) It shall be the policy of the Division of Environmental Quality to provide a reasonable time for holders of existing permits to comply with new or revised provisions of this part.

(b) Holders of existing permits shall achieve compliance with this part at the earliest practicable time, not to exceed five (5) years from the effective date of the part.

8 CAR § 24-105 Exemption {#sec-8-car-24-105 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-105}

8 CAR § 24-105. Exemption.

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

8 CAR § 24-106 Definitions {#sec-8-car-24-106 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-106}

8 CAR § 24-106. Definitions.

The following definitions shall apply:

(1) “Act” means the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq.;

(2) “Animal feeding operation (AFO)” means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

(A) Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period; and

(B) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility;

(3) “Best management practices” means 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 part and the general permit;

(4) “Commission” means the Arkansas Pollution Control and Ecology Commission;

(5) “Confined animal operation” means 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;

(6)(A) “Concentrated animal feeding operation (CAFO)” means an AFO that is defined as a Large CAFO or as a Medium CAFO pursuant to 40 C.F.R. § 122.23, or that is designated as a concentrated animal feeding operation in accordance with 40 C.F.R. § 122.23(c).

(B) Two (2) or more animal feeding operations under common ownership are considered to be 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;

(7) “Director” means the Director of the Division of Environmental Quality or his or her designated representative;

(8) “Division” means the Division of Environmental Quality, or its successor;

(9) “Liquid animal waste management system” means any system used for the collection, storage, distribution, or disposal of animal waste in liquid form generated by a confined animal operation;

(10)(A) “Site management plan” means 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:

(i) A detailed map of the land application site showing all buffer zones;

(ii) A description of the land use and the crops grown on the site; and

(iii) A land use agreement if the site is not owned by the permittee.

(B) In nutrient surplus areas designated by Arkansas Code § 15-20-1104, persons drafting nutrient management plans must be certified by the Arkansas Natural Resource Commission in accordance with Arkansas Code § 15-20-1106 and 15 CAR pt. 4, Rules Governing the Arkansas Nutrient Management Planner Certification Program;

(11)(A) “Waste management plan” means 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.

(12)(A) “Waters of the state” means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion of this state as defined by the Arkansas Water and Air Pollution Control Act.

(B) Unless manifestly inconsistent with this part, other words and phrases used in this part shall have the same meaning as used in the Arkansas Water and Air Pollution Control Act.

Subpart 2

8 CAR § 24-201 Requirements for a permit {#sec-8-car-24-201 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-201}

8 CAR § 24-201. Requirements for a permit.

No confined animal operation using a liquid animal waste disposal system shall be constructed or operated unless the owner has first obtained a permit from the Division of Environmental Quality.

8 CAR § 24-202 Permit application process {#sec-8-car-24-202 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-202}

8 CAR § 24-202. Permit application process.

(a)(1) Application and permitting procedures for new or major modifications as described in 8 CAR § 24-205 shall comply with 8 CAR pt. 11, Administrative Procedures.

(2) The Division of Environmental Quality shall provide a copy of the public notice or similar written notification of the operation to the county quorum court or, if located within an area zoned by a city, the city zoning authority.

(3) Applications for a permit under this part shall be made on forms provided by the division.

(4)(A) An applicant for a new, or modification of an existing, liquid animal waste disposal permit shall make a reasonable effort to notify all adjacent landowners that a complete application for a liquid animal waste disposal permit is on file with the division.

(B) This notice shall also contain the:

(i) Permittee’s name;

(ii) Mailing address;

(iii) Type of permit action;

(iv) Type of facility;

(v) Size of facility; and

(vi) Location.

(D) The applicant must provide a copy of the letter sent to each adjacent landowner with the application.

(b) Any appeal rights are governed by the provisions of 8 CAR pt. 11.

8 CAR § 24-203 Prohibition {#sec-8-car-24-203 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-203}

8 CAR § 24-203. Prohibition.

The operator of a confined animal operation constructed and operated as authorized by permit in accordance with the provisions of this part shall not allow or cause a point source discharge from any part of the liquid animal waste management system.

8 CAR § 24-204 [Reserved] {#sec-8-car-24-204 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-204}

8 CAR § 24-204. [Reserved].

8 CAR § 24-205 Permit modification {#sec-8-car-24-205 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-205}

8 CAR § 24-205. Permit modification.

(a)(1) When the Director of the Division of Environmental Quality receives any information, for example, receives information submitted by the permittee as required in the permit or by the Division of Environmental Quality, he or she may determine whether or not one (1) or more of the causes for modification exists.

(2)(A) If cause exists, the director may modify the permit accordingly and may request an updated application, if necessary.

(B) When a permit is modified, only the conditions subject to modification are reopened.

(3) If cause does not exist, the director shall not modify the permit.

(4)(A) If a permit modification satisfies the criteria in 8 CAR § 24-206 for minor modifications, the permit may be modified without public notice.

(B) Otherwise, a draft permit must be prepared in accordance with 8 CAR § 24-202 and 8 CAR pt. 11.

(b) Causes for modification. The following are causes for modification, but are not limited to:

(1) Volume increase. A greater than ten percent (10%) increase in the volume of animal waste, as excreted, generated by the facility over what was allowed by the original permit or the last major modification for an increase in volume;

(2) Sites. Addition of land application sites; and

(3) Waste management plan. Change in waste:

(A) Treatment;

(B) Type;

(D) Disposal.

8 CAR § 24-206 Minor modifications of permits {#sec-8-car-24-206 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-206}

8 CAR § 24-206. Minor modifications of permits.

(a)(1) Upon receipt of written consent by the permittee, the Director of the Division of Environmental Quality may modify a permit to make the changes listed in this section.

(2) Such changes will be deemed minor modifications to the permit.

(b)(1) Minor modifications allowed under this section may be made administratively in compliance with 8 CAR § 24-202.

(2) Any modification not made under this section shall be deemed a major modification and must follow the permitting requirements contained in 8 CAR pt. 11.

(1) Correct typographical errors;

(2) Allow for a change in ownership or operational control of a facility (transfer of the permit) where the director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the director;

(3) Transfer permitted land application sites to another permit for the same waste source;

(4)(A) Addition of sites not associated with a greater than ten percent (10%) increase in volume of waste as excreted, needed to provide more land to lower nutrient loadings in an effort to be proactive in environmental protection.

(B) Permittee must have an active confined animal feeding operation associated with the permit;

(5) Remove land application sites from a permit;

(6) Changes or practices not associated with a significant increase in storage volume in an effort to be proactive in environmental protection; or

(7) Removal of educational requirements from waste management plan.

Subpart 3

8 CAR § 24-301 Approval of design {#sec-8-car-24-301 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-301}

8 CAR § 24-301. Approval of design.

No liquid animal waste management system shall be constructed, modified, or placed into operation unless in accordance with final design plans and specifications approved by the Division of Environmental Quality.

8 CAR § 24-302 Design requirements {#sec-8-car-24-302 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-302}

8 CAR § 24-302. Design requirements.

Designs and waste management plans shall be in accordance with this subpart and the following United States Department of Agriculture Natural Resource Conservation Service technical publications:

(1) Field Office Technical Guide, as amended; and

(2) Agricultural Waste Management Field Handbook, as amended.

8 CAR § 24-303 Siting requirements {#sec-8-car-24-303 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-303}

8 CAR § 24-303. Siting requirements.

(a)(1) Confinement buildings, settling basins, holding ponds, and other liquid animal waste containment structures shall not be constructed within one thousand three hundred twenty feet (1,320’) of the nearest existing occupied dwelling for confined animal operations in excess of the following numbers of animals:

(A) Six hundred (600) beef cattle;

(B) Four hundred thirty (430) dairy cows;

(D) Six hundred (600) sows;

(E) Six thousand (6,000) nursery pigs;

(F) Thirty-three thousand (33,000) turkeys; or

(G) One hundred thirty thousand (130,000) chickens.

(b)(1) A buffer distance of five hundred feet (500’) shall apply to all other facilities.

(2) These buffer distances shall not apply if the existing dwelling is owned by owners or operators of the liquid animal waste management system or if the adjoining property owner consents in writing.

(3) Confined animal operations existing as of 1992 and proposing to construct a liquid animal waste containment structure in order to reduce waste/wastewater runoff to waters of the state may be considered exempt from these buffer distances by the Director of the Division of Environmental Quality.

(4) These buffer distances do not apply to confinement buildings, settling basins, holding ponds, or other liquid animal waste containment structures existing as of the effective date of this part, nor do they apply to existing structures when a liquid animal waste permit modification is required due to a change in ownership.

8 CAR § 24-304 Subsurface investigation requirements {#sec-8-car-24-304 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-304}

8 CAR § 24-304. Subsurface investigation requirements.

(a) The subsurface investigation for earthen holding ponds and treatment lagoons suitability and liner requirements may consist of auger holes, dozer pits, or backhoe pits that should extend to at least two feet (2’) below the planned bottom of the excavation.

(b) In those situations where this depth is not practical in the initial on-site subsurface investigation, the applicant shall provide additional subsurface investigation documentation to the Division of Environmental Quality.

8 CAR § 24-305 Waste management plan {#sec-8-car-24-305 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-305}

8 CAR § 24-305. Waste management plan.

(a) The waste management plan shall be developed in accordance with 8 CAR § 24-302 and shall address the timing of land application of wastes with respect to the nutrient uptake cycle of the vegetation found on the land application site or sites and, to the extent practicable, shall include measures to minimize off-site obnoxious and offensive odors.

(b)(1) All permitted facilities must have a waste management plan for the farm and a site management plan for each land application site prepared by a professional engineer registered in the State of Arkansas, the United States Department of Agriculture Natural Resource Conservation Service, the University of Arkansas Cooperative Extension Service, certified nutrient management planner, or a water quality technician of the Arkansas Natural Resources Commission and approved by the Division of Environmental Quality.

(2) The division shall require proof of land ownership or of contractual agreements for use of the land as a land application site.

(c)(1) The facility waste management plan shall be reviewed annually by the operator.

(2) An updated waste management plan shall be submitted to the division when significant changes are made or as required by the division.

(3) The updated waste management plan shall include the soils analysis sampled and analyzed per 8 CAR § 24-307(c).

8 CAR § 24-306 Land application requirements {#sec-8-car-24-306 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-306}

8 CAR § 24-306. Land application requirements.

(a) Waste/wastewater shall be evenly distributed over application sites at the rates specified in site management plans.

(b) Land application of waste/wastewater shall not be undertaken when soil is saturated, frozen, covered with ice or snow, or when significant precipitation is reasonably anticipated in the next twenty-four (24) hours.

(c) Waste/wastewater shall not be applied on slopes with a grade of more than fifteen percent (15%) or in any manner that will allow waste to enter waters of the state or to run onto adjacent property without the written consent of the affected adjacent property owner.

(d)(1) Application of waste/wastewater shall not be made within:

(A) One hundred feet (100’) of streams including intermittent streams, ponds, lakes, springs, sinkholes, rock outcrops, wells, and water supplies; or

(B) Three hundred feet (300’) of extraordinary resource waters as defined by 8 CAR pt. 21.

(2) Buffer distances for streams, ponds, and lakes shall be measured from the ordinary high water mark.

(3) The Division of Environmental Quality may require additional buffer distances deemed necessary to protect the waters of the state.

(e)(1) Application of waste/wastewater shall not be made within fifty feet (50’) of property lines or five hundred feet (500’) of neighboring occupied buildings existing as of the date of the permit.

(2) The restrictions regarding property lines or neighboring occupied buildings shall not apply if the adjoining property is also approved as a land application site under a permit issued by the division or if the adjoining property owner consents in writing.

(f) Application of waste/wastewater shall not be made in areas where the land application of waste/wastewater is prohibited by Department of Health rules for the protection of public water supplies.

8 CAR § 24-307 Recordkeeping requirements {#sec-8-car-24-307 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-307}

8 CAR § 24-307. Recordkeeping requirements.

(a)(1) Records shall be kept of all waste/wastewater applied.

(2) These records shall be kept in sufficient detail to determine the application rate.

(3)(A) A daily log shall be kept of all land applied waste/wastewater when applying.

(B) The log should include:

(i) Date;

(ii) Weight and/or volume;

(iii) Field identification; and

(iv) The acreage over which the waste/wastewater was spread.

(C) All records and logs shall be kept at the facility and provided to the Division of Environmental Quality upon request.

(b)(1) A representative sample of the waste/wastewater to be land applied shall be collected periodically, at a minimum of once each year, and analyzed for the following parameters:

(A) pH;

(B) Total nitrogen;

(D) Total phosphorous;

(E) Soluble phosphorous; and

(F) Percent solids.

(2) The division may require more frequent testing deemed necessary to protect waters of the state.

(c)(1) The soils of each field where liquid animal waste has been land applied shall be sampled and analyzed at least once every five (5) years for the following parameters:

(A) pH;

(B) Potassium;

(D) Nitrates.

(2) The soils analysis shall be submitted with the updated waste management plan required in 8 CAR § 24-305(c).

(d) Unless specified otherwise, methods and timing of sampling and analysis described in this section shall be in accordance with the University of Arkansas Cooperative Extension Service guidelines.

(e)(1) Annual reports for the previous calendar year shall be submitted to the division prior to May 30 of each year which must include the following:

(A) Waste/wastewater analyses conducted under subsection (b) of this section, locations, volumes, and nitrogen application rates for the previous year;

(B) Methods of application; and

(2) Reports must be submitted on forms provided by the division.

Subpart 4

8 CAR § 24-401 Facility construction certification {#sec-8-car-24-401 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-401}

8 CAR § 24-401. Facility construction certification.

(a) The provisions of this part require all confined animal operations to be constructed in accordance with plans and specifications approved by the Division of Environmental Quality.

(b)(1) Following completion of construction and prior to any operation commencing at the facility, certification that the facility was constructed in accordance with the approved plans and specifications must be submitted to the division.

(2) This certification must be prepared by:

(A) The United States Department of Agriculture Natural Resource Conservation Service;

(B) An Arkansas Natural Resources Commission water quality technician;

(D) A professional engineer registered in the State of Arkansas.

Subpart 5

8 CAR § 24-501 Permit for land application site only {#sec-8-car-24-501 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-501}

8 CAR § 24-501. Permit for land application site only.

(a) A separate permit may be issued for a land application site if the operator submits an application which includes a site management plan for the land application site and a plan detailing:

(1) Nutrient application rates;

(2) The timing of waste application with respect to the nutrient uptake cycle of the vegetation found on the land application site or sites; and

(3) Waste storage and distribution method or methods prepared in accordance with the requirements of this part.

(b) The applicant for such a permit shall notify the Division of Environmental Quality of any contractual agreement for the use of the land as a land application site by submitting a copy of the agreement.

(c) Records of waste/wastewater application shall be kept as specified in 8 CAR § 24-307 and shall include information regarding the source of the waste, including location and permit number if applicable.

(d) Sampling, analysis, and annual reporting as specified in 8 CAR § 24-307 are required.

8 CAR § 24-502 Composting {#sec-8-car-24-502 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-502}

8 CAR § 24-502. Composting.

(a) Waste management plans submitted in accordance with this part may include composting as an alternative to land application of liquid waste.

(b)(1) Any such plans may provide for composting at a permitted composting facility per 8 CAR pt. 60, Solid Waste Management Rules.

(2) If no such facility is referenced in the plan, it must include sufficient detail for a determination by the Division of Environmental Quality that point or nonpoint source pollution to the waters of the state will not result from the use of this alternative.

Subpart 6

8 CAR § 24-601 Closure plan required {#sec-8-car-24-601 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-601}

8 CAR § 24-601. Closure plan required.

(a) Should a permitted confined animal operation using a liquid waste management system cease operation, the permittee shall submit to the Division of Environmental Quality a closure plan for the liquid waste system storage/treatment structure or structures within sixty (60) days of the final day of operation for division review and approval.

(b) Within ten (10) days of completion of closure activities, the permittee must submit certification that the facility was closed in accordance with the approved plan.

(1) The United States Department of Agriculture Natural Resource Conservation Service;

(2) An Arkansas Natural Resources Commission water quality technician;

(3) The University of Arkansas Cooperative Extension Service; or

(4) A professional engineer registered in the State of Arkansas.

Subpart 7

8 CAR § 24-701 Penalty policy and administrative procedures {#sec-8-car-24-701 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-701}

Part 10, Civil Penalties, and Part 11, Administrative Procedures, of Title 8 of the Code of Arkansas Rules apply to this part.

8 CAR § 24-702 Severability {#sec-8-car-24-702 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-702}

8 CAR § 24-702. Severability.

If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect with the invalid provision or application and, to this end, provisions of this part are declared to be severable.

Subpart 8

8 CAR § 24-801 Buffalo National River Watershed {#sec-8-car-24-801 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-801}

8 CAR § 24-801. Buffalo National River Watershed.

(a) The following definitions apply to this section:

(1) “Buffalo National River Watershed” means the area within United States Geologic Service Hydrologic Unit Code 11010005; and

(2) “Coverage” means a notice of coverage issued pursuant to a National Pollution Discharge Elimination System general permit and 8 CAR pt. 25.

(b) The Director of the Division of Environmental Quality shall not issue a permit pursuant to this part for a confined animal operation in the Buffalo National River Watershed with:

(1) Seven hundred fifty (750) or more swine weighing fifty-five pounds (55 lbs.) or more; or

(2) Three thousand (3,000) or more swine weighing less than fifty-five pounds (55 lbs.).

(1) Issuing a permit renewal or modification for a confined animal operation in the Buffalo National River Watershed with an active permit as of the effective date of this part; or

(2) Issuing a new Part 24 permit for a facility which holds an active permit under 23 CAR pt. 25 or coverage as of the effective date of this part.

(d) A permit renewal, permit modification, or new permit issued pursuant to subsection (c) of this section shall not increase the number of swine permitted at a facility.

(e) Five (5) years from the effective date of this part, the director shall initiate rulemaking to either delete this subsection (e) or delete the entirety of this section.

Subpart 9

8 CAR § 24-901 Effective date {#sec-8-car-24-901 omnilex-key=us-ar-regs-official--title-8-part-24--8 CAR § 24-901}

8 CAR § 24-901. Effective date.

This part is effective ten (10) days after filing with the:

(1) Secretary of State;

(2) Arkansas State Library; and

(3) Bureau of Legislative Research.

8 CAR Part 24 — Liquid Animal Waste Management Systems