Current through Register Vol. 41, No. 3, September 23, 2024
A. Any poultry
waste end-user or poultry waste broker who receives poultry waste shall comply
with the requirements outlined in the following sections.
B. Storage requirements. Any poultry waste
end-user or poultry waste broker who receives poultry waste shall comply with
the requirements outlined in this section regarding storage of poultry waste in
their possession or under their control.
1.
Poultry waste shall be stored in a manner that prevents contact with surface
water and ground water. Poultry waste that is stockpiled outside for more than
14 days shall be kept in a facility or at a site that provides adequate
storage. Adequate storage shall, at a minimum, include the following:
a. Poultry waste shall be covered to protect
it from precipitation and wind;
b.
Storm water shall not run onto or under the stored poultry waste;
c. A minimum of two feet of separation
distance to the seasonal high water table or an impermeable barrier shall be
used under the stored poultry waste. All poultry waste storage facilities that
use an impermeable barrier shall maintain a minimum of one foot of separation
between the seasonal high water table and the impermeable barrier. Impermeable
barriers shall be constructed of at least 12 inches of compacted clay, at least
four inches of reinforced concrete, or another material of similar structural
integrity that has a minimum permeability rating of 0.0014 inches per hour
(1X10-6 centimeters per second); and
d. For poultry waste that is not stored under
roof, the storage site must be at least:
(1)
100 feet from any surface water, intermittent drainage, wells, sinkholes, rock
outcrops, and springs; and
(2) 200
feet from any occupied dwellings not on the end-user's or broker's property,
unless the occupant of the dwelling signs a waiver of the storage
site.
2.
Poultry waste storage facilities constructed after December 1, 2000, shall not
be located within a 100-year floodplain unless there is no land available
outside the floodplain on which to construct the facility and the facility is
constructed so that the poultry waste is stored above the 100-year flood
elevation or otherwise protected from floodwaters through the construction of
berms or similar best management flood control structures. For the purposes of
determining the 100-year floodplain, a Federal Emergency Management Agency
(FEMA) Flood Insurance Rate Map (FIRM), a FEMA Letter of Map Amendment (LOMA),
or a FEMA Letter of Map Revision (LOMR) shall be used.
C. Land application requirements. Any poultry
waste end-user or poultry waste broker who (i) receives 10 or more tons of
poultry waste in any 365-day period and (ii) land applies poultry waste shall
follow appropriate land application requirements as outlined in this section.
The application of poultry waste shall be managed to minimize adverse water
quality impacts.
1. The maximum application
rates can be established by the following methods:
a. Phosphorus crop removal application rates
can be used when:
(1) Soil test phosphorus
levels do not exceed the values listed in the following table:
|
Region |
Soil test P (ppm)
VPI & SU Soil test (Mehlich I) * |
|
Eastern Shore and Lower Coastal
Plain |
135 |
|
Middle and Upper Coastal Plain and
Piedmont |
136 |
|
Ridge and Valley |
162 |
* If results are from another laboratory the Department of
Conservation and Recreation approved conversion factors must be used.
(2) The phosphorus crop removal
application rates are set forth by regulations promulgated by the Department of
Conservation and Recreation in accordance with § 10.1-104.2 of the Code of
Virginia.
b. Poultry
waste may be applied to any crop at the standard rate of 1.5 tons per acre once
every three years when:
(1) In the absence of
current soil sample analyses and recommendations; and
(2) Nutrients have not been supplied by an
organic source, other than pastured animals, to the proposed land application
sites within the previous three years of the proposed land application date of
poultry waste.
c. Soil
test recommendations can be used when:
(1)
Accompanied by analysis results for soil tests that have been obtained from the
proposed field or fields in the last three years;
(2) The analytical results are from
procedures in accordance with 4VAC50-85-140 A 2 f; and
(3) Nutrients from the waste application do
not exceed the nitrogen or phosphorus recommendations for the proposed crop or
double crops. The recommendations shall be in accordance with 4VAC50-85-140 A 2
a.
d. A nutrient
management plan developed by a certified nutrient management planner in
accordance with § 10.1-104.2 of the Code of Virginia.
2. The timing of land application of poultry
waste shall be appropriate for the crop, and in accordance with 4VAC50-85-140 A
4, except that no waste may be applied to ice covered or snow covered ground or
to soils that are saturated. Poultry waste may be applied to frozen ground
under the following conditions:
a. Slopes are
not greater than 6.0%;
b. A minimum
of a 200-foot vegetative or adequate crop residue buffer is maintained between
the application area and all surface water courses;
c. Only those soils characterized by USDA as
"well drained" with good infiltration are used; and
d. At least 60% uniform cover by vegetation
or crop residue is present in order to reduce surface runoff and the potential
for leaching of nutrients to ground water.
3. Poultry waste shall not be land applied
within buffer zones. Buffer zones at waste application sites shall, at a
minimum, be maintained as follows:
a. Distance
from occupied dwellings: 200 feet (unless the occupant of the dwelling signs a
waiver of the buffer zone);
b.
Distance from water supply wells or springs: 100 feet;
c. Distance from surface water courses: 100
feet (without a permanent vegetated buffer) or 35 feet (if a permanent
vegetated buffer exists). Other site-specific conservation practices may be
approved by the department that will provide pollutant reductions equivalent or
better than the reductions that would be achieved by the 100-foot
buffer;
d. Distance from rock
outcropping (except limestone): 25 feet;
e. Distance from limestone outcroppings: 50
feet; and
f. Waste shall not be
applied in such a manner that it would discharge to sinkholes that may exist in
the area.
4. In cases
where poultry waste storage is threatened by emergencies such as fire or flood
or where these conditions are imminent, poultry waste can be land applied
outside of the spreading schedule outlined in the Fact Sheet. If this occurs,
the end-user or broker shall document the land application information in
accordance with 9VAC25-630-70 A 4.
D. Poultry waste end-users and poultry waste
brokers shall maintain the records demonstrating compliance with the
requirements of subsections B and C for at least three years and make them
available to department personnel upon request.
E. The activities of the poultry waste
end-user or poultry waste broker shall not contravene the Water Quality
Standards (9VAC25-260), as adopted and amended by the board, or any provision
of the State Water Control Law (§ 62.1-44 et seq. of the Code of
Virginia).
F. Any duly authorized
agent of the board may, at reasonable times and under reasonable circumstances,
enter any establishment or upon any property, public or private, for the
purpose of obtaining information or conducting surveys or investigations
necessary in the enforcement of the provisions of this regulation.
Statutory Authority: §§ 62.1-44.15 and
62.1-44.17:1.1 of the Code of Virginia.
