New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 91 - ANIMAL WASTE MANAGEMENT
Subchapter 3 - ANIMAL WASTE MANAGEMENT REQUIREMENTS
Section 2:91-3.4 - Farms with eight to 299 animal units (AUs) with animal densities (ADs) less than or equal to one AU per acre

Universal Citation: NJ Admin Code 2:91-3.4

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Farms with eight to 299 AUs and ADs less than or equal to one AU per acre shall:

1. Implement the general requirements at 2:91-3.1 by March 16, 2010;

2. Develop a self-certified AWMP consistent with the NJDA BMP Manual by September 16, 2010; and

3. Implement the plan completely by March 16, 2012.

(b) New farms or farms meeting the AU and AD thresholds after March 16, 2009, shall implement the general requirements at 2:91-3.1 within 12 months of date they meet the AU and AD thresholds in this section and shall implement the requirements of this section within 36 months from the date the farm reaches the thresholds set forth in this section.

(c) A self-certified AWMP shall include, but not be limited to, the following:

1. The name, physical address and phone number of the farm;

2. The owner or operator name, address, signature and date;

3. Records of action plan activities as set forth in worksheet E of the NJ-BMP Manual;

4. A list of BMPs proposed;

5. The size and location of manure storage area(s);

6. The size and location of composting area(s);

7. The Premises Identification Number as assigned by USDA (if available); and

8. Nutrient management records for each field. Records must include:
i. The field number, field name, physical address or other means of identification;

ii. The number of acres;

iii. The crop-yield;

iv. The type of manure applied, the date of application, and the weather conditions;

v. The total amount of manure applied;

vi. The date manure is incorporated into the field;

vii. The type of fertilizer applied, the date of application, and the weather conditions; and

viii. A declarations page meeting the requirements of (e) below.

(d) The self-certified AWMP shall be developed by the farm owner or operator or a person authorized to act on their behalf.

(e) A copy of the self-certified AWMP shall be signed by the owner or operator and the declaration page shall be filed with RCE. RCE will provide a copy of the declaration page to the NJDA.

1. The declaration page shall include the following statement:

"Certification: I hereby certify that I am the operator of the above identified farm, (as defined in N.J.A.C. 2:91). I further certify that I have developed and implemented a Self-Certified Animal Waste Management Plan for this farm in accordance with the requirements of N.J.A.C. 2:91.

I further certify that the foregoing statements made by me are true and the information provided in this document is true, accurate and complete. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment, including, but not limited to the penalties contained in 2:91-4.1."

2. Incidents involving false swearing or false reporting in the documents required by these rules may be referred by the Department for prosecution pursuant to 2C:28-3.

(f) A copy of the self-certified AWMP shall be retained on the farm.

(g) The owner or operator shall review and update the plan and make changes as necessary for continued conformance with the NJDA BMP manual.

(h) Should the AD increase to greater than one AU per acre, or the number of AUs exceed 299, the owner or operator shall be required to comply with the requirements set forth in 2:91-3.5 or 3.6, respectively.

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