Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-81 - REGULATION NO. 81 - ANIMAL FEEDING OPERATIONS CONTROL REGULATION
Section 5 CCR 1002-81.6 - FACILITY MANAGEMENT PLAN: NON-PERMITTED CAFOs
Universal Citation: 5 CO Code Regs 1002-81 ยง 6
Current through Register Vol. 47, No. 17, September 10, 2024
The operator of a non-permitted CAFO shall compile and maintain on-site a facility management plan (FMP) that includes, to the extent applicable, the information specified in sections 81.6(1), 81.6(2), 81.6(3) and 81.6(4).
(1) Surface water protection elements - Production Area. The operator of a non-permitted CAFO must develop, document in the FMP and implement the following design, construction and performance requirements for the production area by no later than May 30, 2011 or upon being defined as a CAFO.
(a) Use of
the following structures, methods and procedures to control wastewater:
(i) Impoundments
(A) All impoundments must be designed,
constructed, and maintained to be capable of storing, the volume of all manure
and wastewater, including the runoff resulting from a 25-year, 24-hour storm or
Chronic Storm, whichever is greater, plus two feet of freeboard, except where
the operator requests, and the Division approves, an alternative freeboard
level.
(B) All requests for an
alternative freeboard level shall include documentation that the alternative
freeboard level will protect the structural integrity of the impoundments and
terminal tanks, and will be functionally equivalent to two feet of freeboard to
prevent overflows caused by factors such as wind and receipt of direct
precipitation.
(ii)
Conveyance Structures
(A) All conveyance
structures must be designed, constructed, and maintained to be capable of
carrying the flow expected from a 25-year, 24-hour storm or Chronic Storm,
whichever is greater.
(iii) For open-lot wastewater only; a
solid/liquid waste separation facility used in conjunction with a wastewater
treatment strip
(A) The solid/liquid waste
separation facility in conjunction with a wastewater treatment strip shall be
designed, constructed, and maintained so that it is capable of managing the
flow expected from a 25-year, 24-hour storm or Chronic Storm, whichever is
greater.
(B) The system described
in subsection (A) above shall also be designed in accordance with United States
Department of Agriculture - Natural Resources Conservation Service standards,
or other standards approved by the Division.
(iv) For process-generated wastewater, the
operator may use the wastewater control system described in section 81.6 where
the Division approves a plan submitted by the operator demonstrating that the
system will be sustainable, including that wastewater released into the
treatment strip will be properly assimilated by the vegetation.
(v) A method approved by the
Division.
(b) Install a
depth marker in all impoundments indicated in the facility design calculations
as being necessary to contain a 25-year, 24-hour storm or Chronic Storm,
whichever is greater. Depth markers must be clearly marked, at minimum, in one
foot increments and shall clearly indicate the minimum capacity necessary to
contain the greater storm event.
(i) Perform
weekly inspections of depth markers and record the wastewater level in each
impoundment containing a depth marker.
(c) Design, construct, and maintain
structures that are sized to divert stormwater from running onto a production
area as appropriate.
(d) Procedures
to ensure proper operation and maintenance of the impoundments, including the
following:
(i) Whenever the storage capacity
of impoundments and tanks is less than the volume required to store runoff from
the designed storm event, the structures shall be dewatered to a level that
restores the required capacity once soils on a land application site have the
water holding capacity to receive the wastewater, or in accordance with section
81.6(2)(a)(i)(C).
(2) Surface water protection elements - Land Application Sites. The operator of a non-permitted CAFO shall develop, document in the FMP and implement the following practices and procedures for land application sites by no later than February 27, 2009 or upon being defined as a CAFO.
(a) Apply manure and wastewater to a
land application site in accordance with the following practices and
procedures:
(i) Conservation Practices -
Site-specific conservation practices that have been identified and implemented,
including as appropriate, buffers or equivalent practices, to control runoff of
pollutants to surface water. Such practices shall include, but are not limited
to:
(A) Solid manure shall be incorporated as
soon as possible after application, unless the application site has perennial
vegetation or is no-till cropped, or except where the operator adequately
demonstrates that surface water quality will be protected where manure is not
so incorporated.
(B) Where
wastewater is applied to a land application site via furrow- or
flood-irrigation, it shall be applied in a manner that prevents any wastewater
runoff into surface water.
(C)
There shall be no discharge to surface water from land application activities
when the ground is frozen or saturated.
(D) Manure or wastewater shall not be
land-applied within 150 feet of domestic water supply wells, and within 300
feet of community domestic water supply wells.
(ii) Sampling and Analysis - Manure,
wastewater, and soil shall be sampled and analyzed with the following
frequency. The results of the analyses shall be used in determining application
rates for manure and wastewater.
(A) Manure
and wastewater shall be sampled and analyzed a minimum of once annually for
nitrogen and phosphorus content.
(B) The soil of land application sites shall
be sampled and analyzed a minimum of once annually for available nutrients,
including nitrate-nitrogen.
(C) The
top one foot of soil of land application sites shall be sampled and analyzed
for available phosphorus a minimum of once every five years, or as specified in
section 81.6(2)(b)(v), below.
(iii) Protocols established by the operator
for land applying manure or wastewater in accordance with site specific
nutrient management practices that ensure appropriate utilization of the
nutrients in the manure or wastewater. Such protocols shall include, but are
not limited to:
(A) No application of manure
or wastewater shall be made to a land application site at a rate that will
exceed the capacity of the soil and the planned crops to assimilate plant
available nitrogen within 12 months of the manure or wastewater being
applied.
(B) Manure and wastewater
shall be applied as uniformly as possible with properly calibrated
equipment.
(C) Application rates of
manure and wastewater shall be calculated using one of the following methods:
the most current published fertilizer suggestions of Cooperative Extension in
Colorado or adjacent states; the most current nutrient management planning
guidelines for Colorado as published by the USDA, NRCS; or an alternative
method approved by the Division.
(b) Nutrient Transport Minimization -
Application rates for manure and wastewater applied to a land application site
must minimize phosphorus and nitrogen transport from the sites to surface water
and shall be in accordance with the following standards:
(i) Assessments shall be made for each land
application site of the potential for phosphorus and nitrogen transport from
the site to surface water and that address the form, source, amount, timing,
and method of application of nitrogen and phosphorus to achieve realistic yield
goals, while minimizing nitrogen and phosphorus movement to surface water.
(A) Phosphorus transport risk assessments
shall be made using the most current USDA, NRCS Colorado Phosphorus Index Risk
Assessment tool or other Division-approved method. The approved risk assessment
tool shall provide for off-site transport risk scores of either 'low',
'medium', 'high', or 'very high'.
(B) An initial assessment of the potential
for phosphorus and nitrogen transport risk to surface water shall be made prior
to manure or wastewater being applied to an application site after the
operator's FMP is implemented.
(ii) Where the assessed risk of off-site
phosphorus transport for a land application site is rated as 'high',
phosphorus-based manure and wastewater application rates may be applied at crop
phosphorus removal rates only if a phosphorus draw-down strategy is implemented
for the crop rotation (i.e. rotational phosphorus application rate is less than
the rotational crop removal).
(iii)
No application of manure or wastewater shall be made to a land application site
where the assessed risk of off-site phosphorus transport is rated as 'very
high' until the risk of phosphorus movement off-site has been decreased to a
phosphorus transport risk assessment rating of 'high' or less.
(iv) No application of manure or wastewater
shall be made to a land application site where the risk of off-site nitrogen
transport to surface water is not minimized.
(v) After an initial assessment is made of
the potential for phosphorus and/or nitrogen transport from a land application
site to surface water, additional assessments shall be made at the following
frequency, whichever is sooner:
(A) Of both
phosphorus and nitrogen transport risk, every five years; or,
(B) Where a crop management change has
occurred, assess phosphorus transport risk within one year after such change
would reasonably result in an increase in the phosphorus transport risk
assessment score, and assess nitrogen transport risk within one year after such
a change would reasonably result in the nitrogen transport to surface water not
being minimized; or,
(C) Where a
phosphorus transport risk assessment score was 'very high', assess phosphorus
transport risk within six months of intending to apply manure or wastewater,
except as provided in section 81.6(2)(b)(iv), above.
(D) Where a nitrogen transport risk
assessment reveals that nitrogen transport to surface water is not minimized,
assess nitrogen transport risk within six months of intending to apply manure
or wastewater.
(vi)
Where a multi-year phosphorus application was made to a land application site,
no additional manure or wastewater shall be applied to the same site in
subsequent years until the applied phosphorus has been removed from the site
via harvest and crop removal.
(c) Inspect Land Application Equipment -
Periodically inspect for leaks from equipment used for land application of
manure or wastewater. At minimum, such inspection shall be made annually and
within the six month period prior to the first application of manure or
wastewater, and at least once daily when wastewater is being applied.
(d) Setback Requirements - Unless the
operator exercises one of the alternatives provided below, manure and
wastewater shall not be applied closer than 100 feet to any down-gradient
surface waters, open tile line intake structures, sinkholes, agricultural well
heads, or other conduits to surface water.
(i) As a setback alternative, the operator
may substitute the 100-foot setback with a 35-foot wide vegetated buffer where
applications of manure or wastewater are prohibited.
(ii) The Division may approve an alternative
setback or buffer based on a demonstration by the operator that a required
setback or buffer is not necessary because implementation of alternative
conservation practices or land application site conditions will provide
pollutant reductions equivalent or better than the reductions that would be
achieved by the 100-foot setback.
(e) Mortalities - Mortalities shall remain on
the production area until disposal and shall be managed to ensure that they are
not disposed of in a wastewater storage system that is not specifically
designed to treat animal mortalities.
(f) Prevent direct contact of confined
animals with surface water.
(g)
Ensure that chemicals and other contaminants handled on-site are not disposed
of in any manure or wastewater storage system unless specifically designed to
treat such chemicals and other contaminants.
(3) Ground water protection elements - Production Area. The operator of a non-permitted CAFO shall include in the FMP the following information by no later than February 27, 2009 or upon being defined as a CAFO. The FMP shall be updated as necessary to meet the requirements of the sections of this regulation cited below.
(a) The impoundment liner records and
certifications specified in sections 81.7(2)(b) and (c).
(b) The current approved Standard Operating
Procedure (SOP) specified in section 81.7 , and manure/sludge removal
certifications specified in section 81.7(3)(d).
(c) Information demonstrating that the
facility is in compliance with the depth marker, conveyance structure, and
setback requirements specified in sections 81.7(4),(5) and (6).
(4) Recordkeeping - The operator shall create, maintain at the facility for five years from the date they are created, and make available to the Division or its designee, upon request, the following records:
(a) Records identified by
the operator that will be maintained to document the implementation and
management of the surface water protection elements described in sections
81.6(2)(a) through (g).
(b) Weekly
records of the depth of the manure and wastewater as indicated by the depth
markers in the impoundments required to be inspected by section 81.6 , or as
indicated by an alternative method approved by the Division.
(c) A copy of the current FMP shall be
compiled and maintained in one discrete place at the facility, such as an
office or filing cabinet.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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