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9VAC25-191-10. Definitions.

The words and terms used in this regulation shall have the meanings defined in the State Water Control Law and 9VAC25-31 (VPDES Permit Regulation) unless the context clearly indicates otherwise, except that for the purposes of this regulation:

"Agricultural storm water" means storm water that is not the sole result of land application of manure, litter or process wastewater. Where manure, litter or process wastewater has been applied in accordance with a nutrient management plan approved by the Virginia Department of Conservation and Recreation and in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of an animal feeding operation is an agricultural storm water discharge.

"Animal feeding operation" or "AFO" means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

1. Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and

2. Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

Two or more animal feeding operations under common ownership are a single animal feeding operation for the purposes of determining the number of animals at an operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

"Best Management Practices" or "BMPs" means structural improvements, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, or drainage from raw material storage.

"Concentrated animal feeding operation" or "CAFO" means an animal feeding operation that is defined as a "Large CAFO" or as a "Medium CAFO," or that is designated as a "Medium CAFO" or a "Small CAFO." Any AFO may be designated as a CAFO by the director in accordance with the provisions of 40 CFR 122.23 (April 14, 2003).

1. "Large CAFO." An AFO is defined as a Large CAFO if it stables or confines as many as or more than the numbers of animals specified in any of the following categories:

a. 700 mature dairy cattle, whether milked or dry;

b. 1,000 veal calves;

c. 1,000 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls, and cow-calf pairs;

d. 2,500 swine each weighing 55 pounds or more;

e. 10,000 swine each weighing less than 55 pounds;

f. 500 horses;

g. 10,000 sheep or lambs;

h. 55,000 turkeys;

i. 30,000 laying hens or broilers, if the AFO uses a liquid manure handling system;

j. 125,000 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system;

k. 82,000 laying hens, if the AFO uses other than a liquid manure handling system;

l. 30,000 ducks, if the AFO uses other than a liquid manure handling system; or

m. 5,000 ducks, if the AFO uses a liquid manure handling system.

2. "Medium CAFO." The term "Medium CAFO" includes any AFO that has the type and number of animals found within any of the ranges below and that has been defined or designated as a CAFO. An AFO is defined as a Medium CAFO if:

a. The type and number of animals it stables or confines falls within any of the following ranges:

(1) 200 to 699 mature dairy cattle (whether milked or dry cows);

(2) 300 to 999 veal calves;

(3) 300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls, and cow-calf pairs;

(4) 750 to 2,499 swine (each weighing 55 pounds or more);

(5) 3,000 to 9,999 swine (each weighing less than 55 pounds);

(6) 150 to 499 horses;

(7) 3,000 to 9,999 sheep or lambs;

(8) 16,500 to 54,999 turkeys;

(9) 9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling system;

(10) 37,500 to 124,999 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system;

(11) 25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure handling system;

(12) 10,000 to 29,999 ducks, if the AFO uses other than a liquid manure handling system; or

(13) 1,500 to 4,999 ducks, if the AFO uses a liquid manure handling system; and

b. Either one of the following conditions are met:

(1) Pollutants are discharged into surface waters of the state through a man-made ditch, flushing system, or other similar man-made device; or

(2) Pollutants are discharged directly into surface waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

The term "man-made" means constructed by man and used for the purpose of transporting wastes.

3. "Small CAFO." An AFO that is designated as a CAFO and is not a Medium CAFO.

"Director" means the Director of the Virginia Department of Environmental Quality, or his designee.

"Operator" means any owner or operator (individual, partnership, corporation, or association) of an AFO or CAFO in this state that is eligible to be certified under the provisions of this general permit.

"Permittee" means any operator (individual, partnership, corporation, or association) in the Commonwealth of Virginia that is certified to be covered under the provisions of this general permit.

"Process wastewater" means water directly or indirectly used in the operation of the AFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning, or flushing pens, barns, manure pits, or other AFO facilities; direct contact swimming, washing, or spray cooling of animals; or dust control. Process wastewater also includes any water that comes into contact with any raw materials, products, or byproducts including manure, litter, feed, milk, eggs or bedding.

"Production area" means that part of an AFO that includes the animal confinement area, the manure storage area, the raw materials storage area, and the waste containment areas. The animal confinement area includes but is not limited to open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes but is not limited to lagoons, runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes but is not limited to feed silos, silage bunkers, and bedding materials. The waste containment area includes but is not limited to settling basins, and areas within berms and diversions that separate uncontaminated storm water. Also included in the definition of production area is any egg washing or egg processing facility, and any area used in the storage, handling, treatment, or disposal of mortalities.

"Setback" means a specified distance from surface waters or potential conduits to surface waters where manure, litter, and process wastewater may not be land applied. Examples of conduits to surface waters include but are not limited to open tile line intake structures, sinkholes, and agricultural well heads.

"Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.

"Vegetated buffer" means a permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters.

Statutory Authority

62.1-44.15 and 62.1-44.17:1 of the Code of Virginia; 40 CFR Parts 9, 122, 123, and 412.

Historical Notes

Derived from Virginia Register Volume 21, Issue 2, eff. November 3, 2004.


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