R317-8-10. Animal Feeding Operations (AFOs) and Concentrated Animal Feeding Operations (CAFOs)

10.1 Applicability of Rule R317-8, Rule Compatibility, and Federal Rule Incorporation. (1) Section R317-8-10, including the federal regulations incorporated by reference, shall be applicable to animal feeding operations and concentrated animal feeding operations. (2) Where any requirements, definitions, or conditions in Section R317-8-10 conflict with the requirements, definitions, or conditions pertaining to animal feeding operations or concentrated animal feeding operations in other parts of Rule R317-8, the requirements, definitions, and conditions in Section R317-8-10 shall govern. 10.2 Definitions. "25-year, 24-hour storm event" means the precipitation frequency estimate amount for a precipitation event of a 24-hour and 25-year recurrence interval found in the most current version of the NOAA Atlas Point Precipitation Frequency Estimates table for the location of the facility. "100-year, 24-hour storm event" means the precipitation frequency estimate amount for a precipitation event of a 24-hour and 100-year recurrence interval found in the most current version of the NOAA Atlas Point Precipitation Frequency Estimates table for the location of the facility. "Animal Feeding Operation" (AFO) means a lot or facility, other than aquatic animal production facility, where the following conditions are met: (a) animals have been, are, or will be stabled, housed, or confined and fed or maintained for a total of 45 days or more in any 12-month period; (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; and (c) two or more AFOs under common ownership are considered to be a single AFO if they adjoin each other or if they use a common area or system for the storage or disposal of waste. "Certified Nutrient Management Planner" means a person who is certified by the Utah Natural Resources Conservation Services (NRCS), or by an alternative certification program approved by the Director, to develop and approve nutrient management plans and comprehensive nutrient management plans. "Concentrated Animal Feeding Operation" (CAFO) means: (a) an AFO that is a Large CAFO; or (b) an AFO that is a Medium CAFO; or (c) an AFO that is Designated as a CAFO. "Designated CAFO" means an AFO that is designated as a CAFO by the Director according to criteria in 40 CFR 122.23(c) and thereby required to obtain a UPDES permit. "Discharge" has the same meaning as "Discharge of a Pollutant" in Subsection R317-8-1(1.5), except that in Section R317-8-10, "discharge" shall refer only to the addition of pollutants to surface waters of the state. "Irrigation Water Management Plan" means a plan to optimize water use on crop fields to minimize transport of pollutants in the soil profile and reduce sediment and contaminated runoff from fields, based on conditions and requirements in the most current practice standard of NRCS Conservation Practice Standard 449, Irrigation Water Management. "Large CAFO" means an AFO that stables, houses, or confines the type and number of animals that fall within any of these ranges: (a) Beef, calves, heifers, or veal: 1,000 or more (b) Cows (milking and dry): 700 or more (c) Layers, broilers (wet system): 30,000 or more (d) Other than layers (dry system): 125,000 or more (e) Layers (dry system): 82,000 or more (f) Turkeys: 55,000 or more (g) Swine (55 pounds or more): 2,500 or more (h) Swine (less than 55 pounds): 10,000 or more (i) Sheep: 10,000 or more (j) Horses: 500 or more (k) Ducks (dry system): 30,000 or more (l) Ducks (wet system)5,000 or more "Large Weather Event" in Subsection 19-5-105.5(3)(b)(iii) means a single precipitation event or a series of precipitation events that occur in a manner that prevents an AFO or CAFO from appropriately dewatering wastewater storage, treatment or containment structures and meet one of the following criteria: (a) the event results in an AFO or CAFO receiving precipitation amounts during the require minimum storage period that are greater than the waste storage facility's designed storage volume, so long as the facility's waste storage structures are designed and operated in accordance with: (i) USDA-NRCS (313) Waste Storage Facility Conservation Practice Standard; and (ii) the facility's current nutrient management plan that has been approved by a certified planner or specialist; (b) the event results in an AFO or CAFO receiving precipitation amounts during a consecutive 15-day period that are greater than or equal to: (i) a 100-year, 24-hour storm event for the area for a poultry, swine, or veal AFO or CAFO; or (ii) 110% of a 25-year, 24-hour storm event for the area for any other AFO or CAFO; (c) rapid snow melt, ice melt, or precipitation on frozen ground results in an AFO or CAFO receiving runoff during a 7-day period that is equivalent to: (i) a 100-year, 24-hour storm event for the area for a poultry, swine, or veal AFO or CAFO; or (ii) 110% of a 25-year, 24-hour storm event for the area for any other AFO or CAFO; (d) the event results in an AFO or CAFO receiving the precipitation amounts in Subsection (a) or (b)(ii) and the AFO or CAFO meets the following requirements: (i) the facility currently implements an irrigation water management plan developed in accordance with USDA-NRCS Conservation Practice Standards; (ii) a certified nutrient management planner or nutrient management specialist has identified the practices, methods, equipment, monitoring, and recordkeeping requirements necessary for the facility to measure and demonstrate accurate soil saturation measurements and results with protocols implemented by the facility; and (iii) the facility monitors and records soil saturation results according to the following requirements: (A) the percent of soil saturation is monitored daily in unfrozen soils at four and eight inches in depth; (B) the results from soil saturation monitoring is recorded on a daily basis; and (C) soil saturation monitoring records are retained for 5 years. "Medium AFO" means a lot or facility that is an AFO that stables, houses or confines the type and number of animals that fall within any of these ranges: (a) Beef, calves, heifers, or veal: 300-999 (b) Cows (milking and dry): 200-699 (c) Layers or broilers (wet system): 9,000-29,999 (d) Other than layers (dry system): 37,500-124,999 (e) Layers (dry system): 25,000-81,999 (f) Turkeys: 16,500-54,999 (g) Swine (55 pounds or more): 750-2,499 (h) Swine (less than 55 pounds): 3,000-9,999 (i) Sheep: 3,000-9,999 (j) Horses: 150-499 (k) Ducks (dry system): 10,000-29,999 (l) Ducks (wet system): 1,500-4,999 "Medium CAFO" means a Medium AFO where the conditions specified in 40 CFR 122.23(b)(6)(ii) are met. "Precipitation" means all forms of water, liquid or solid, that fall from the atmosphere and reach the ground. Precipitation includes rain, drizzle, snow, hail, graupel, sleet, and ice crystals. Precipitation does not include dew, frost, and rime since they are a result of water vapor in air condensing or freezing onto a surface. "Reasonable Measures" in Subsection 19-5-105.5(3)(b)(iii) means the measures described in Subsection R317-8-10(10.8). "Small AFO" means a lot or facility that is an AFO that stables, houses, or confines the type and number of animals that fall within any of these ranges: (a) Beef, calves, heifers, or veal: 1-299 (b) Cows (milking and dry): 1-199 (c) Layers, broilers (wet system): 1-8,999 (d) Other than layers (dry system): 1-37,499 (e) Layers (dry system): 1-24,999 (f) Turkeys: 1-16,499 (g) Swine (55 pounds or more): 1-749 (h) Swine (less than 55 pounds): 1-2,999 (i) Sheep: 1-2,999 (j) Horses: 1-149 (k) Ducks (dry system): 1-9,999 (l) Ducks (wet system): 1-1,499 "Small CAFO" means a Small AFO where the following conditions are met: (a) the Small AFO discharges: (i) through a man-made ditch, flushing system, or other similar man-made device; or (ii) into surface waters of the state which waters originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined at the operation; and (b) the Director has designated the Small AFO as a CAFO according to criteria in 40 CFR 122.23(c) after consulting with the Chair of the Utah Conservation Commission. "Surface Waters of the State" for purposes under Section R317-8-10 means Waters of the State as defined in Subsection R317-8-1(1.5) that are not ground water, except ground water that has hydrologic connection to surface waters of the state. "Upset" for UPDES CAFO permitted facilities means an exceptional event, which is not precipitation-related, in which there is unintentional and temporary noncompliance with technology-based effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 10.3 UPDES Permit Requirement. (1) The following animal feeding operations are required to apply for a UPDES permit: (a) Large CAFOs that discharge; (b) Medium CAFOs; and (c) Designated CAFOs. (2) CAFOs with land application discharges are subject to the requirements provided in 40 CFR 122.23(e) and 40 CFR 122.42(e)(1)(xi) through (ix). CAFOs that do not meet these requirements shall apply for a UPDES permit. (3) An AFO shall be designated as a CAFO per the criteria in 40 CFR 122.23(c). 10.4 Timing of UPDES Permit Application. (1) An animal feeding operation that has an operational change that results in a requirement to obtain a UPDES CAFO permit shall submit an application no later than 90 days after the time a facility has conditions that require CAFO permit coverage. (2) No later than 180 days before the expiration of a permit, or as provided by the Director, a permitted CAFO shall submit an application to renew its permit in accordance with 40 CFR 122.21(d) unless the CAFO will not discharge upon expiration of the permit. (3) For facilities in operation before April 14, 2003 that have an operational change where the facility becomes a Large CAFO that discharges, or a Medium or Designated CAFO, shall seek to obtain UPDES permit coverage no later than 90 days after the time a facility has conditions that require CAFO permit coverage. (4) New source CAFOs that require CAFO permit coverage and CAFOs constructed after April 14, 2003 that require CAFO permit coverage shall seek to obtain UPDES CAFO permit coverage no later than 180 days prior to the time a facility commences operation with the conditions that require CAFO permit coverage. (5) A CAFO that is required to obtain an individual permit or that is a Designated CAFO, shall apply for a permit within 60 days of notification of permit requirement by the Director, unless otherwise determined by the Director. 10.5 UPDES CAFO Permit Application Requirements. To apply for a UPDES CAFO permit, an AFO or CAFO shall submit to the Director an application containing the information specified in 40 CFR 122.21(i). Application forms may be obtained from the Division of Water Quality. If the applicant is seeking coverage under a general permit, it shall submit a notice of intent and nutrient management plan to the Director, along with any information required under the general permit. If the Director has not issued a general permit for which the AFO or CAFO is eligible, the owner or operator shall submit an application, including a nutrient management plan, for an individual permit to the Director. 10.6 Nutrient Management Plans. (1) Nutrient Management Plan (NMP) or Comprehensive Nutrient Management Plan (CNMP) content and requirements for compliance under this rule shall include, as applicable and needed for an AFO or CAFO, the following: (a) the federal requirements incorporated by rule in Subsection R317-8-1(1.10); (b) the requirements of 40 CFR 122.42(e)(1)(i) through (ix) and the technical standards needed to implement those requirements at an AFO or CAFO as specified in Subsection R317-8-10(10.7); and (c) for permitted AFOs and CAFOs, the NMP or CNMP must also include and be consistent with the requirements of the UPDES permit. (2) NMPs or CNMPs shall be developed and implemented for the following AFOs and CAFOs, as applicable, and shall be approved by a certified nutrient management planner: (a) AFOs and CAFOs seeking CAFO permit coverage or with CAFO permit coverage; (b) AFOs and CAFOs with permit by rule coverage; (c) AFOs and CAFOs with coverage under a compliance assistance program approved by the Director for purposes of compliance to reasonable measures under Subsection 19-5-105.5(3)(b)(ii); (d) AFOs and CAFOs seeking to receive grant or loan funding through a division funding program; or (e) AFOs and CAFOs under an enforcement action issued by the Director. (3) NMPs or CNMPs for AFOs and CAFOs listed in Subsections R317-8-10(10.6)(2)(a), (e), and (f), shall be signed or stamped by a Utah Professional Engineer or signed by a Natural Resources Conservation Service employee or engineer with proper engineering job approval authority delegated from the Natural Resources Conservation Service, when new or existing structures or facilities need to be designed, constructed or substantially altered at an AFO's or CAFO's production area or land application area. 10.7 Technical Standards. (1) Technical standards for NMP or CNMP preparation, content, and implementation are: (a) the practices, standards, and requirements of the Utah Natural Resources Conservation Service (NRCS) Practice Standard 590, Nutrient Management, dated October 2019 and the Utah Manure Application Risk Index (UMARI); and (b) the NRCS practice standards, policies, specifications, and best management practices needed for NMP or CNMP preparation, content, or implementation for compliance with 40 CFR 122.42(e)(1)(i) through (ix), as needed for a specific AFO or CAFO. (2) Implementation of these standards requires evaluation and nutrient management planning specific to each individual AFO or CAFO. 10.8 Reasonable Measures for Large Weather Events and Agriculture Discharges. (1) As provided in Subsection 19-5-105.5(3)(b)(iii), no penalty shall apply with respect to an agriculture discharge resulting from a large weather event if the agriculture producer has taken reasonable measures to prevent an agriculture discharge. (2) An AFO or CAFO will be considered to have taken reasonable measures as provided by Subsection 19-5-105.5(3)(b)(iii), if it has implemented a NMP or CNMP according to Subsection R317-8-10(10.6), as applicable to an AFO or CAFO, and is participating in any of the following: (a) a UPDES CAFO permit; (b) permit by rule as outlined in Subsection R317-8-10(10.8)(3); or (c) a compliance assistance program approved by the Director. (3) An AFO will be permitted by rule if: (a) it has obtained and is in compliance with a site-specific NMP that implements Technical Standards and the requirements of 40 CFR 122.42(e)(1)(i) through (viii), and the practices and protocols identified under those provisions; (b) it keeps records adequate to demonstrate that it has met the requirements in Subsection R317-8-10(10.8)(3) and has, upon request, made those records available for review by the Director or the Director's representative; and (c) the facility has provided to the Director a notice of intent to be covered by this permit by rule provision and has confirmed that it is meeting the requirements of Subsection R317-8-10(10.8)(3).