Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS
Part A - INTRODUCTION AND GENERAL REQUIREMENTS
Section 20-3 - Definitions

(a) "Adjacent" means two (2) or more housed facilities separated at their closest points by distances not greater than one (1) mile.

(b) "Agronomic rate" means the annual total nutrient application rate designed:

(c) "Animal unit" means a unit of measurement for any feeding operation relating to the number of swine. Two and one-half (2 1/2) swine constitute one (1) animal unit.

(d) "Animal waste" means animal excreta or other commonly associated wastes of animal husbandry including, but not limited to, bedding, litter, or feed losses. Dead animals are not considered animal waste.

(e) "Application" means all the information submitted to obtain a permit to construct and operate a confined swine feeding operation. The application includes the completed "application for confined swine feeding permit" form and the accompanying management plan.

(f) "Best available technology" or "BAT" means that technology and practice that has been tested, proven, and practiced at a number of locations and offers the best performance and protection for the environment and public health and safety for the local site conditions.

(g) "BMP" means best management practice, as defined by Chapter 1, Wyoming Water Quality Division Rules and Regulations.

(h) "Closed facility" and "closure" mean a confined swine feeding operation at which operations have been properly terminated and the site restored to the conditions specified by these regulations and the closure plan as approved as part of the current permit allowing operation of the confined swine feeding operation.

(i) "Common ownership" means the ownership of a confined swine feeding operation as a sole proprietor, or a major ownership interest held by a person or entity, in each of two (2) or more feeding operations as a joint tenant, tenant in common, shareholder, partner, member, beneficiary, limited liability company or other equity interest holder. The majority ownership interest is a common ownership interest when it is held directly or indirectly through a partnership, a corporation, a closely held corporation, a limited liability corporation or partnership, parent or affiliate corporation, a spouse, a dependent child, or other legal entity or any combination thereof.

(j) "Complete application" means an application for a permit and a management plan that has all the necessary components. The major elements of each component as identified by this regulation must be present for the application to be complete. A complete application may or may not be technically adequate.

(k) "Confined swine feeding operation" means an operational unit where swine are confined, fed, and maintained for a total of 45 consecutive days or more in any twelve (12) month period and the operational unit is designed to confine an equivalent of 1,000 or more animal units.

(l) "Corrective action" means all actions necessary to eliminate the threat to public health and safety and the threat to the environment from a release to the environment of pollutants from an operating or closed confined swine feeding operation and to restore the environmental conditions as required.

(m) "Dilute liquid wastes" means those liquid wastes resulting from confined swine feeding operations utilizing a minimum fresh water flushing flow of four (4) gallons/hour/1000 lbs of animal weight on site.

(n) "Division" means the Wyoming Department of Environmental Quality/Water Quality Division.

(o) "Direct human consumption crops" means crops consumed directly by humans. These include but are not limited to fruits, vegetables, and grains grown for human consumption.

(p) "Housed facility" means any structure that is used to enclose, contain, or shelter swine and to treat or store wastes originating from the operation. This includes feed pens and confinement areas that may not be sheltered by a roof, but contain manure or animal waste.

(q) "Indirect human consumption crops" means crops utilized by grazing animals.

(r) "Lagoon" means a manmade or natural basin that is intended for containment, treatment or disposal of animal wastes and wastewater.

(s) "Land application" means the beneficial use of animal waste products by the spraying or spreading of animal wastes onto the land surface; the injection of animal waste below the land surface; or the incorporation of animal waste into the soil so that the animal waste can either condition the soil or fertilize crops or vegetation grown on the soil.

(t) "Liquid wastes" means animal wastes with a solids content of five (5) percent or less by weight. These animal wastes are generally produced when feces and urine are diluted by wash water or flushing water.

(u) "Management plan" means a comprehensive plan for managing the animal wastes from a confined swine feeding operation. The management plan is a mandatory part of the application for a permit. It includes the following:

(v) "Manure" means animal excreta or other commonly associated animal wastes of animal husbandry including, but not limited to, bedding, litter, or feed losses.

(w) "Manure slurries" means animal wastes with a solids content of five (5) to ten (10) percent by weight that are primarily feces and urine, and when agitated, behave as a liquid. Manure with a solids content greater than ten (10) percent by weight that does not pass the paint filter test shall be managed as a manure slurry.

(x) "Manure storage facility" means any structure, storage basin, bunker, pad, etc., other than a lagoon utilized to store animal waste.

(y) "Monitoring" means all procedures and techniques used to systematically collect, analyze, and inspect data on operational parameters of the confined swine feeding operation or on the quality of the air, groundwater, surface water and soil.

(z) "Notice of Intent" is the notice provided to the Division, local governments, and the public by a potential applicant for a permit that the construction and operation of a confined swine feeding operation at a specific site is being considered.

(aa) "Occupied dwelling" means a permanent building or fixed mobile home that is occupied on a permanent or temporary basis as a residence.

(bb) "Operational unit" means all adjacent common ownership housed facilities or housed facilities on noncontiguous, common ownership lands that utilize a common area or system for the storage, treatment, or disposal of animal wastes.

(cc) "Operator" means those legal entities or persons who control activities associated with the housed facilities that are part of a confined swine feeding operation as set forth in these regulations.

(dd) "Owner" means those legal entities or persons in whose name the deed for the land occupied by the housed facility is recorded. Owner also includes any legal entity or person with a general interest in any real property that is part of the housed facility.

(ee) "Pathogen" means a disease causing organism. This includes, but is not limited to, certain bacteria, protozoa, viruses, cysts, and viable helminth ova.

(ff) "Permit" means written authorization duly executed by the Director that authorizes the permittee to construct or operate a confined swine feeding operation as set forth in these regulations.

(gg) "Permittee" means all owners and operators bound by the permit.

(hh) "Public hearing" means a non-adversarial meeting held by the Administrator or the Director. The meeting shall be conducted pursuant to Chapter 3 of the Wyoming Department of Environmental Quality Rules of Practice and Procedure.

(ii) "Release" means, but is not limited to, any spilling, leaking, pumping, pouring, emptying, emitting, discharging, dumping, escaping, leaching, or unauthorized disposal of any animal waste product, organic or non-organic, from a confined swine feeding operation that may result in the pollution of groundwater, surface water, soils, or air.

(jj) "Relinquished facility" means a facility for which the permittee is not capable or willing to complete closure in compliance with the permit.

(kk) "Sludge" means the accumulated solids settled from a wastewater treatment facility.

(ll) "Slurry" means a mixture of liquids and undissolved solids that behaves primarily as a liquid.

(mm) "Soil" means all unconsolidated material overlaying bedrock.

(nn) "Solid manure" means animal wastes with a solids content greater than ten percent (10%) by weight produced by separating liquid and solid wastes. Solid manure must pass the paint filter test, as defined by Method 9095A from EPA Test Methods For Evaluating Solid Waste.

(oo) "Swine" means butcher or breeding pigs that are over 55 pounds weight. For purposes of determining animal units, three (3) pigs each weighing less than 55 pounds that have been weaned from the sow shall be counted as one (1) swine.

(pp) "Technically adequate" means that the information presented in an application for a permit is scientifically sound, meets all requirements of the regulations and is sufficient to allow the Administrator to determine whether to approve or disapprove the proposed permit.

(qq) "Treatment facility" means an animal waste receiving facility designed to digest or alter the animal waste either mechanically or biologically.

(rr) "Vector" means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies, other insects, rodents, birds, and vermin.

(ss) "Waste collection system" means a system, including pipelines, conduits, pumping stations, force mains, and all other construction, devices, appurtenances, and facilities used for collecting animal wastes or conducting animal wastes to an ultimate point for treatment or disposal. The waste collection system is considered to start at the end of or immediately beneath the feeding floor. The collection system shall include all piping, channels, and appurtenances that transfer the animal waste and flush water from the feeding floor to the animal waste treatment or storage facility.

(tt) "Waste storage facilities" are structures or other receptacles that store animal waste for periods of fourteen (14) days or more. Animal waste receiving facilities not designed specifically to alter the animal waste either mechanically or biologically shall be considered storage facilities. Some decomposition of animal waste may occur during extended periods of storage.