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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0642.01 PLC HOUSE BILL 98­1308

STATE OF COLORADO

BY REPRESENTATIVES Smith and Owen;

also SENATORS Ament, Chlouber, Powers, and Wattenberg.

AGR., LIVESTOCK & NATURAL RESOURCES

A BILL FOR AN ACT

CONCERNING THE ESTABLISHMENT OF A PERMITTING SYSTEM FOR CONCENTRATED ANIMAL FEEDING OPERATIONS TO PROTECT THE QUALITY OF THE WATERS OF THE STATE.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Declares that tracking and regulation of concentrated animal feeding operations ("CAFO") are important for the protection of water quality in the state of Colorado.

Requires all CAFOs to submit a notice of intent to the division of administration in the department of public health and environment ("division") declaring if it will operate:

• As a no­discharge facility; or
• Under a general permit; or
• Under an individual permit.

Allows the division to determine if the CAFO's method of operation chosen meets the statutory standards for that operation. Such method of operation, once chosen by the CAFO and approved by the division, shall be effective for a period of five years unless the CAFO is found to be in substantial noncompliance by the division. Allows the CAFO operator to appeal the division's decision to the water quality control commission.

Specifies that compliance with the no­discharge option can only be achieved by installation, operation, maintenance, and use of adequate manure and process wastewater collection, storage, and land application facilities designed to contain all process wastewater and a 25­year, 24­hour or greater storm event.

Requires all new, reactivated, or expanded CAFOs or CAFOs that are in significant noncompliance with the standards to submit a nutrient management plan to the division.

Requires that manure and process wastewater conveyance structures for no­discharge facilities be designed and constructed to prevent exceedances of applicable water quality standards or impairment of existing or classified beneficial uses.

Allows CAFOs to elect to operate under a general permit that has all the requirements of a no­discharge facility so long as such CAFOs allow for a discharge in a chronic or catastrophic event, keep a precipitation and deterring log, including a weekly measurement of lagoon levels, and a log of all on­site application of manure.

Allows CAFOs to operate under an individual permit with site­specific regulations established by the water quality control commission with at least one hearing held in the county where the CAFO is located.

Allows the water quality control commission to promulgate rules and establish fees for general and individual permits based on animal unit capacity. Sets limits on fees for general permits and individual permits.

Prohibits a local government from adopting ordinances or rules that are more stringent than the requirements set out in the state CAFO requirements. Clarifies that the state CAFO requirements deal only with water quality and not local land use or nuisance determinations.

Allows the division to contract with local governments for monitoring compliance by the CAFOs.

Makes conforming amendments.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 8.3

Concentrated animal feeding

operation requirements

PART 1

GENERAL PROVISIONS

25­8.3­101.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT CONCENTRATED ANIMAL FEEDING OPERATIONS ARE BECOMING MORE PREVALENT IN THE STATE OF COLORADO AND THERE IS CONCERN ON THE PART OF THE PUBLIC OVER THE EFFECT THESE OPERATIONS HAVE ON WATER QUALITY. THE GENERAL ASSEMBLY FURTHER FINDS THAT THERE IS NO MECHANISM IN PLACE THAT ALLOWS TRACKING OF THE NUMBER AND LOCATION OF SUCH OPERATIONS IN THE STATE NOR FOR THE VERIFICATION OF COMPLIANCE WITH WATER QUALITY REGULATIONS.

(2)  THE GENERAL ASSEMBLY FINDS THAT THE NUTRIENT BY­PRODUCTS OF SUCH CONCENTRATED ANIMAL FEEDING OPERATIONS SHOULD BE UTILIZED BENEFICIALLY ON AGRICULTURAL LAND IN A MANNER THAT DOES NOT EXCEED APPLICABLE WATER QUALITY STANDARDS. THE GENERAL ASSEMBLY THEREFORE FINDS, DETERMINES, AND DECLARES THAT REGULATION OF CONCENTRATED ANIMAL FEEDING OPERATIONS IS NECESSARY FOR THE PUBLIC HEALTH, SAFETY, AND WELFARE.

25­8.3­102.  Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "AGRONOMIC RATES" MEANS THE LAND APPLICATION OF ANIMAL MANURES OR PROCESS WASTEWATER AT RATES OF APPLICATION THAT PROVIDE CROPS OR FORAGE GROWTH WITH NUTRIENTS FOR OPTIMUM HEALTH AND GROWTH.

(2)  "ANIMAL FEEDING OPERATION" MEANS A CONFINED ANIMAL OR POULTRY GROWING OPERATION FOR MEAT, MILK, OR EGG PRODUCTION OR STABLING WHEREIN LIVESTOCK ARE FED AT THE PLACE OF CONFINEMENT FOR FORTY­FIVE DAYS OR LONGER IN ANY TWELVE­MONTH PERIOD AND CROP OR FORAGE GROWTH IS NOT MAINTAINED IN THE AREA OF CONFINEMENT, AND THE OPERATION DOES NOT MEET ONE OF THE CRITERIA FOR A CONCENTRATED ANIMAL FEEDING OPERATION.

(3) (a)  "ANIMAL UNIT" MEANS A UNIT OF MEASUREMENT USED TO DETERMINE THE ANIMAL CAPACITY OF A CONCENTRATED FEEDING OPERATION. THE ANIMAL UNIT CAPACITY OF AN OPERATION IS DETERMINED BY MULTIPLYING THE NUMBER OF ANIMALS OF EACH SPECIES BY THE APPROPRIATE EQUIVALENCY FACTOR FROM THE TABLE IN PARAGRAPH (b) OF THIS SUBSECTION (3), AND ADDING THE RESULTING TOTALS FOR ALL ANIMAL SPECIES CONTAINED IN THE OPERATION.

(b) ANIMAL SPECIES EQUIVALENCY FACTOR

SLAUGHTER AND FEED CATTLE 1.0

MATURE DAIRY CATTLE 1.4

SWINE, BUTCHER AND BREEDING 0.2

(OVER FIFTY­FIVE POUNDS)

SHEEP OR LAMBS 0.2

HORSES 1.0

TURKEYS 0.02

CHICKENS, BROILER OR LAYER 0.01

(c)  YOUNG STOCK OF ALL ANIMAL SPECIES LISTED IN THE TABLE IN PARAGRAPH (b) OF THIS SUBSECTION (3), WHICH ARE LESS THAN FIFTY PERCENT OF ADULT WEIGHT, SHALL REDUCE THE EQUIVALENCY FACTOR OF SUCH ANIMAL BY ONE­HALF.

(4)  "AVERAGE WORKING CAPACITY" MEANS THE AVERAGE OCCUPANCY OF A CONCENTRATED ANIMAL FEEDING OPERATION ON A YEAR­ROUND BASIS. FOR PURPOSES OF THIS SUBSECTION (4), "YEAR­ROUND" MEANS THE SUM OF THE END­OF­MONTH OCCUPANCY RATES DIVIDED BY THE NUMBER OF MONTHS DURING A CALENDAR YEAR IN WHICH THE FACILITY CONDUCTS ANIMAL FEEDING OPERATIONS.

(5)  "CATASTROPHIC EVENT" MEANS ANY SINGLE EVENT THAT IS EQUIVALENT TO OR GREATER THAN A TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR STORM EVENT. "CATASTROPHIC EVENT" INCLUDES TORNADOES OR OTHER ACTS OF GOD THAT WOULD CAUSE AN OVERFLOW FROM THE REQUIRED RETENTION STRUCTURES DUE TO HIGH WINDS OR MECHANICAL DAMAGE.

(6)  "CHRONIC EVENT" MEANS A SERIES OF MULTIPLE RAINFALL EVENTS WITH THE CUMULATIVE EFFECT EQUIVALENT TO OR GREATER THAN A TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR STORM EVENT, AND THE SUBSEQUENT WET WEATHER CONDITIONS WOULD NOT PROVIDE OPPORTUNITY FOR DEWATERING OF OTHERWISE PROPERLY MAINTAINED RETENTION STRUCTURES WITHIN FIFTEEN CONSECUTIVE DAYS.

(7) (a)  "CONCENTRATED ANIMAL FEEDING OPERATION" OR "CAFO" MEANS A CONCENTRATED ANIMAL OR POULTRY GROWING OPERATION FOR MEAT, MILK, OR EGG PRODUCTION OR STABLING IN PENS OR HOUSES WHEREIN THE ANIMALS OR POULTRY ARE FED AT THE PLACE OF CONFINEMENT FOR FORTY­FIVE DAYS OR LONGER IN ANY TWELVE­MONTH PERIOD, AND CROP OR FORAGE GROWTH OR PRODUCTION IS NOT SUSTAINED IN THE AREA OF CONFINEMENT AND WHICH OPERATION MEETS ONE OR MORE OF THE FOLLOWING CRITERIA:

(I)  HAS AN AVERAGE WORKING CAPACITY OF ONE THOUSAND OR MORE ANIMAL UNITS; OR

(II) IS DESIGNATED BY THE DIVISION UNDER ONE OF THE FOLLOWING CRITERIA:

(A)  POLLUTANTS ARE BEING DISCHARGED OR THERE IS EVIDENCE OF DISCHARGE INTO WATERS OF THE STATE THROUGH A MANMADE DITCH, FLUSH SYSTEM, OR OTHER SIMILAR STATIONARY MANMADE CONVEYANCE; OR

(B)  POLLUTANTS ARE BEING DISCHARGED DIRECTLY INTO WATERS OF THE STATE THAT ORIGINATE OUTSIDE OF THE FACILITY AND PASS OVER, ACROSS, OR THROUGH THE FACILITY OR OTHERWISE COME INTO DIRECT CONTACT WITH THE ANIMALS CONFINED IN THE OPERATION; OR

(C)  ANIMALS IN CONFINEMENT ARE ALLOWED UNRESTRICTED ACCESS TO WATERS OF THE STATE.

(III)  THE ANIMAL FEEDING OPERATION IS IN A LOCATION THAT REASONABLY COULD BE EXPECTED TO ADVERSELY AFFECT A HYDROLOGICALLY SENSITIVE AREA.

(b)  TWO OR MORE CONCENTRATED ANIMAL FEEDING OPERATIONS UNDER COMMON OWNERSHIP OR MANAGEMENT ARE DEEMED TO BE A SINGLE CONCENTRATED ANIMAL FEEDING OPERATION IF THEY ARE ADJACENT TO OR UTILIZE A COMMON AREA OR SYSTEM FOR MANURE DISPOSAL.

(c)  THE DIVISION SHALL PERFORM A SITE INSPECTION BEFORE A DESIGNATION BASED ON PARAGRAPH (a) OR (b) OF THIS SUBSECTION (7) IS MADE.

(d)  AN ANIMAL FEEDING OPERATION, AS DEFINED IN SECTION 25­8.3­102 (2), MAY ELECT TO BE CLASSIFIED BY THE DIVISION AS A CONCENTRATED ANIMAL FEEDING OPERATION.

(8)  "DIVISION" MEANS THE DIVISION OF ADMINISTRATION IN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.

(9)  "EXPANDED FACILITY" MEANS A CONCENTRATED ANIMAL FEEDING OPERATION THAT IS INCREASED IN PHYSICAL AREA OR AVERAGE WORKING CAPACITY BY ONE­THIRD OF THE EXISTING AREA OR CAPACITY ON OR AFTER JULY 1, 1998.

(10)  "FACILITY" MEANS A CONCENTRATED ANIMAL FEEDING OPERATION.

(11)  "HYDROLOGICALLY SENSITIVE AREA" MEANS AN AREA WHERE SIGNIFICANT GROUNDWATER RECHARGE OCCURS OR WHERE CONTAMINATION FROM ANIMAL FEEDING OPERATIONS COULD IMPACT EXISTING DRINKING WATER WITHDRAWALS, CLASSIFIED USES, OR REASONABLY LIKELY FUTURE PUBLIC DRINKING WATER SYSTEM WITHDRAWALS, OR AN AREA WHERE ANIMAL FEEDING OPERATIONS COULD IMPAIR WATER BODIES SUBJECT TO ANTIDEGRADATION REVIEW.

(12)  "MANURE" MEANS FECES, URINE, LITTER, BEDDING, OR FEED WASTE FROM ANIMAL FEEDING OPERATIONS.

(13)  "NEW FACILITY" MEANS AN OPERATION THAT WAS CONSTRUCTED ON OR AFTER JULY 1, 1998.

(14)  "NO­DISCHARGE" MEANS THE ABSENCE OF FLOW OF WASTE, PROCESS WASTEWATER, CONTAMINATED RAINFALL RUNOFF, MANURE, OR OTHER WASTEWATER FROM THE PREMISES OF A CONCENTRATED ANIMAL FEEDING OPERATION TO WATERS OF THE STATE EXCEPT IN THE CASE OF A CATASTROPHIC EVENT AND, AT SUCH TIME, FACILITIES SHALL BE REQUIRED TO DETAIN SUCH WATERS AS SPECIFIED IN SECTION 25­8.3­202.

(15) (a)  "NUTRIENT MANAGEMENT PLAN" MEANS A WRITTEN PLAN DEMONSTRATING THE FACILITY'S ADEQUACY TO COMPLY WITH THE REQUIREMENTS AS SPECIFIED FOR A NO­DISCHARGE FACILITY, AS DEFINED IN SUBSECTION (14) OF THIS SECTION, GENERAL PERMIT FACILITIES PURSUANT TO PART 3 OF THIS ARTICLE, OR INDIVIDUAL PERMITS PURSUANT TO PART 4 OF THIS ARTICLE. THE PLAN SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:

(I)  THE LEGAL OWNER OF THE FACILITY;

(II)  THE NAME OF A LOCAL CONTACT PERSON;

(III)  THE LEGAL DESCRIPTION OF THE SITE OF THE FACILITY;

(IV)  THE SURFACE AREA OF THE SITE OF THE FACILITY ALONG WITH A DRAINAGE SCHEMATIC;

(V)  THE ANIMAL UNIT CAPACITY DESIGN OF THE FACILITY;

(VI)  THE STORM WATER AND WASTEWATER CONVEYANCE FACILITIES;

(VII)  THE MANURE AND PROCESS WASTEWATER CONTAINMENT AND TREATMENT FACILITIES; AND

(VIII)  INFORMATION ON MANURE AND PROCESS WASTEWATER USAGE OR DISPOSAL FOR THE FACILITY.

(b)  THE DIVISION MAY REQUIRE ADDITIONAL INFORMATION CHARACTERIZING THE MANURE AND PROCESS WASTEWATER IF DEEMED NECESSARY TO ENSURE PROTECTION OF WATERS OF THE STATE. FACILITY PLANS AS REQUIRED UNDER PARAGRAPH (a) OF THIS SUBSECTION (15) SHALL BE PREPARED BY THE OWNER OF THE FACILITY, A LICENSED PROFESSIONAL ENGINEER, THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICES OR QUALIFIED AGRICULTURAL EXTENSION SERVICE AGENT, OR OTHER INDIVIDUAL WITH DEMONSTRATED EXPERTISE IN THE DESIGN OF SUCH PLANS.

(16)  "OPERATION" MEANS ANY INDIVIDUAL ANIMAL FEEDING OPERATION OR CONCENTRATED ANIMAL FEEDING OPERATION OWNED BY AN OPERATOR, AS DEFINED IN SUBSECTION (17) OF THIS SECTION. TWO OR MORE OPERATIONS UNDER COMMON OWNERSHIP OR MANAGEMENT ARE DEEMED TO BE A SINGE ANIMAL FEEDING OPERATION IF THEY ARE ADJACENT TO OR UTILIZE A COMMON AREA OR SYSTEM FOR MANURE DISPOSAL.

(17)  "OPERATOR" MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION, OR ASSOCIATION DOING BUSINESS IN THIS STATE.

(18)  "PROCESS WASTEWATER" MEANS ANY PROCESS GENERATED WASTEWATER AND ANY PRECIPITATION THAT COMES INTO CONTACT WITH ANY MANURE OR ANY OTHER RAW MATERIAL OR INTERMEDIATE OR FINAL MATERIAL OR PRODUCT USED IN OR RESULTING FROM THE PRODUCTION OF ANIMALS OR POULTRY OR THEIR DIRECT PRODUCTS AND WATER DIRECTLY OR INDIRECTLY USED IN THE OPERATION OF A FEEDLOT FOR WASHING, CLEANING, OR FLUSHING PENS, BARNS, MANURE PITS, OR OTHER FEEDLOT FACILITIES OR SWIMMING AND WASHING OR SPRAY COOLING OF ANIMALS.

(19)  "REACTIVATED FACILITY" MEANS A CONCENTRATED ANIMAL FEEDING OPERATION THAT HAS BEEN IN A NONOPERATING STATUS FOR THREE CONSECUTIVE YEARS AND IS REACTIVATED ON OR AFTER JULY 1, 1998.

(20)  "RECONSTRUCTED FACILITY" MEANS A CONCENTRATED ANIMAL FEEDING OPERATION THAT IS RECONSTRUCTED ON OR AFTER JULY 1, 1998, DUE TO DAMAGE FROM A FLOOD, FIRE, DILAPIDATION, OR RECONFIGURATION OF THE FACILITY.

(21)  "TEN­YEAR, TWENTY­FOUR­HOUR STORM" AND "TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR STORM" MEANS A STORM OF A TWENTY­FOUR­HOUR DURATION THAT YIELDS A TOTAL PRECIPITATION OF A MAGNITUDE THAT HAS A PROBABILITY OF RECURRING ONCE EVERY TEN OR TWENTY­FIVE YEARS, RESPECTIVELY, AS DEFINED BY THE NATIONAL WEATHER SERVICE TECHNICAL PAPER NUMBER 40, "RAINFALL FREQUENCY ATLAS OF THE UNITED STATES", MAY 1961, AS AMENDED, OR EQUIVALENT REGIONAL OR STATE RAINFALL INFORMATION DEVELOPED AS PRESCRIBED BY GENERALLY ACCEPTABLE STANDARD ENGINEERING PRACTICES.

(22)  "WATERS OF THE STATE" MEANS ANY SURFACE AND SUBSURFACE WATERS THAT ARE CONTAINED IN OR FLOW IN OR THROUGH THE STATE, EXCEPT WATERS IN SEWAGE SYSTEMS, WATERS IN TREATMENT WORKS OF DISPOSAL SYSTEMS, WATERS IN POTABLE WATER DISTRIBUTION SYSTEMS, AND ALL WATERS WITHDRAWN FOR USE UNTIL USE AND TREATMENT HAVE BEEN COMPLETED.

25­8.3­103.  Notice of intent and registration of all concentrated animal feeding operations ­ five­year designation. (1)  ALL CONCENTRATED ANIMAL FEEDING OPERATIONS SHALL SUBMIT A NOTICE OF INTENT TO THE DIVISION NO LATER THAN JANUARY 1, 1999. THE NOTICE OF INTENT SHALL BE SUBMITTED ON A FORM PROVIDED BY THE DIVISION AND SHALL, AT A MINIMUM, INCLUDE THE NAME AND ADDRESS OF THE LEGAL OWNER OF THE CAFO, THE NAME AND ADDRESS OF A LOCAL CONTACT, THE ADDRESS OF THE CAFO, AND THE TYPE OF ANIMALS AT AND THE AVERAGE WORKING CAPACITY OF THE FACILITY.

(2)  THE NOTICE OF INTENT SHALL ALSO INCLUDE THE CAFO'S ELECTION TO OPERATE:

(a)  AS A NO­DISCHARGE FACILITY PURSUANT TO PART 2 OF THIS ARTICLE; OR

(b)  UNDER THE GENERAL PERMIT REQUIREMENTS PURSUANT TO PART 3 OF THIS ARTICLE; OR

(c)  UNDER AN INDIVIDUAL PERMIT PURSUANT TO PART 4 OF THIS ARTICLE.

(3)  FOR NEW FACILITIES, THE DIVISION SHALL REVIEW AND DETERMINE IF THE CAFO MEETS THE REQUIREMENTS OF THE METHOD OF OPERATION SELECTED AND NOTIFY THE CAFO OF SUCH DETERMINATION WITHIN FIFTEEN DAYS AFTER RECEIPT OF THE NOTICE OF INTENT. SUCH DETERMINATION SHALL INCLUDE WHAT STEPS THE CAFO MUST TAKE IN ORDER TO COMPLY WITH THE REQUIREMENTS OF THE METHOD OF OPERATION CHOSEN BY THE CAFO. ONCE SUCH DETERMINATION IS MADE BY THE DIVISION, SUCH DESIGNATION SHALL NOT BE CHANGED WITHOUT THE CONSENT OF THE OPERATOR FOR A PERIOD OF FIVE YEARS AFTER APPROVAL UNLESS THERE IS A FINDING BY THE DIVISION OF SIGNIFICANT NONCOMPLIANCE BY THE CAFO OF ITS OPERATING REQUIREMENTS.

25­8.3­104.  Notice requirements for new facilities. ANY CONCENTRATED ANIMAL FEEDING OPERATION CONSTRUCTED AFTER JULY 1, 1998, SHALL, IN ADDITION TO THE NOTICE OF INTENT REQUIRED BY SECTION 25­8.3­103, SUBMIT A CONSTRUCTION REPORT TO THE DIVISION VERIFYING DESIGN CRITERIA AND CONSTRUCTION OF THE FACILITY=S WASTE MANAGEMENT STRUCTURES CONSISTENT WITH THIS ARTICLE, WHERE APPLICABLE. THE REPORT SHALL BE CERTIFIED BY A LICENSED PROFESSIONAL ENGINEER FIFTEEN DAYS PRIOR TO THE INITIAL OPERATION OF THE FACILITY. THE DIVISION SHALL PROVIDE COMMENTS ON THE ADEQUACY OF THE REPORT AND MAY INSPECT THE FACILITY DURING THE FIFTEEN­DAY PERIOD PRIOR TO INITIAL OPERATION OF THE FACILITY WITH TWENTY­FOUR HOURS' PRIOR NOTICE.

25­8.3­105.  Powers of the commission. THE WATER QUALITY CONTROL COMMISSION IS AUTHORIZED TO PROMULGATE THE RULES NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE; EXCEPT THAT SUCH RULES SHALL BE NARROWLY DRAFTED IN ORDER TO STRICTLY COMPLY WITH THE PROVISIONS OF THIS ARTICLE.

25­8.3­106.  Local health departments ­ contract for compliance inspections. THE DIVISION IS AUTHORIZED TO AND SHALL, IF PRACTICABLE, CONTRACT WITH LOCAL HEALTH DEPARTMENTS OR OTHER APPROPRIATE LOCAL GOVERNMENTS TO PERFORM INSPECTIONS OF CONCENTRATED ANIMAL FEEDING OPERATIONS TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.

25­8.3­107.  More stringent requirements prohibited ­ applicability. (1)  SINCE PROTECTION OF THE WATERS OF THE STATE IS A MATTER OF STATEWIDE CONCERN, ANY CITY, CITY AND COUNTY, COUNTY, LOCAL HEALTH DEPARTMENT, OR OTHER POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM ENACTING ANY ORDINANCE, RESOLUTION, OR RULE MORE STRINGENT THAN THE REQUIREMENTS OF THIS ARTICLE.

(2)  THIS ARTICLE ONLY APPLIES TO WATER QUALITY PROTECTION OF CONCENTRATED ANIMAL FEEDING OPERATION SITES AND PROPERTY UNDER THE CONTROL OF THE CAFO SHALL NOT BE CONSTRUED TO AFFECT LOCAL LAND USE CONTROL, NUISANCE ABATEMENT, OR THE FARM AND RANGE APPLICATION OF MANURE ON PROPERTY NOT OWNED OR MANAGED BY A CONCENTRATED ANIMAL FEEDING OPERATION.

25­8.3­108.  Enforcement. VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE, IN ADDITION TO ANY OTHER REMEDIES THAT EXIST, SHALL BE SUBJECT TO THE PROVISIONS OF PART 6 OF ARTICLE 8 OF THIS TITLE.

PART 2

NO­DISCHARGE FACILITY REQUIREMENTS

25­8.3­201.  No­discharge facilities ­ applicability. (1)  NEW, EXISTING, EXPANDED, OR RECONSTRUCTED FACILITIES THAT MEET THE REQUIREMENTS OF THIS SECTION ARE ELIGIBLE TO OPERATE AS A NO­DISCHARGE FACILITY. NO­DISCHARGE FACILITIES ARE NOT REQUIRED TO APPLY FOR A GENERAL PERMIT UNDER PART 3 OF THIS ARTICLE OR AN INDIVIDUAL PERMIT UNDER PART 4 OF THIS ARTICLE UNLESS THE CAFO IS FOUND BY THE DIVISION TO BE IN SIGNIFICANT NONCOMPLIANCE WITH THE DEFINITION SET FORTH IN SECTION 25­8.3­102 (14).

(2)  UNDER THIS SECTION AND CONSISTENT WITH THE "FEDERAL WATER POLLUTION CONTROL ACT", COMMONLY REFERRED TO AS THE "CLEAN WATER ACT", NO CONFINED ANIMAL FEEDING OPERATION IS CONSIDERED A CONCENTRATED ANIMAL FEEDING OPERATION AS DEFINED IN SECTION 25­8.3­102 (7) IF SUCH OPERATION=S FACILITIES ARE DESIGNED AND MAINTAINED TO CONTAIN, AND DISCHARGE ONLY IN THE EVENT OF, A TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR OR GREATER STORM EVENT OR DISCHARGE THROUGH EVAPORATION, IRRIGATION SYSTEMS, OR OTHER TYPES OF SIMILAR DISCHARGE SYSTEMS.

25­8.3­202.  Requirements for no­discharge facilities. (1)  COMPLIANCE WITH THE NO­DISCHARGE ELECTION CAN ONLY BE ACHIEVED BY INSTALLATION, OPERATION, MAINTENANCE, AND USE OF ADEQUATE MANURE AND PROCESS WASTEWATER COLLECTION, STORAGE, AND LAND APPLICATION FACILITIES DESIGNED TO CONTAIN ALL PROCESS WASTEWATER AND A TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR OR GREATER STORM EVENT WITH THE EXCEPTION OF FACILITIES OUTLINED IN PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION.

(2) (a)  OPEN CONCENTRATED ANIMAL FEEDING OPERATIONS SHALL CONTROL ALL MANURE AND PROCESS WASTEWATER INCLUDING FLOWS FROM THE ANIMAL AREAS AND ALL OTHER FLOWS FROM AN APPLICABLE STORM EVENT. CONTROL OF MANURE AND PROCESS WASTEWATER FROM OPEN CONCENTRATED ANIMAL FEEDING OPERATIONS MAY BE ACCOMPLISHED THROUGH USE OF RETENTION BASINS, TERRACES, OR OTHER RUNOFF CONTROL METHODS. IN ADDITION, DIVERSIONS OF UNCONTAMINATED SURFACE DRAINAGE PRIOR TO CONTACT WITH THE CONCENTRATED ANIMAL FEEDING OPERATION OR MANURE STORAGE AREAS MAY BE REQUIRED BY THE DIVISION IN ORDER TO PREVENT WATER POLLUTION.

(b)  HOUSED CONCENTRATED ANIMAL FEEDING OPERATIONS SHALL CONTROL MANURE AND PROCESS WASTEWATER PRODUCED IN THE CONFINEMENT ENCLOSURES BETWEEN PERIODS OF DISPOSAL. CONTROL OF MANURE AND PROCESS WASTEWATER FROM HOUSED CONCENTRATED ANIMAL FEEDING OPERATIONS MAY BE ACCOMPLISHED THROUGH USE OF EARTHEN STORAGE STRUCTURES SUCH AS LAGOONS OR EARTHEN BASINS, FORMED STORAGE TANKS SUCH AS CONCRETE, STEEL, OR WOOD TANKS, OR OTHER CONTROL METHODS. SUFFICIENT CAPACITY SHALL BE PROVIDED IN THE CONTROL STRUCTURES TO STORE ALL MANURE AND PROCESS WASTEWATER BETWEEN PERIODS OF DISPOSAL. ADDITIONAL CAPACITY SHALL BE PROVIDED IF PRECIPITATION OR DISCHARGES FROM OTHER SOURCES CAN ENTER THE MANURE AND PROCESS WASTEWATER CONTROL STRUCTURES.

(3) (a)  AN OPERATOR OF AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION CONSTRUCTED PRIOR TO APRIL 16, 1974, AND OPERATED CONTINUOUSLY SINCE THAT TIME SHALL NOT DISCHARGE MANURE, PROCESS WASTEWATER, OR STORM WATER RUNOFF FROM THE FACILITY TO WATERS OF THE STATE EXCEPT AS THE RESULT OF STORMS EQUAL TO OR IN EXCESS OF THE AMOUNT RESULTING FROM A TEN­YEAR, TWENTY­FOUR­HOUR STORM. THE TEN­YEAR, TWENTY­FOUR­HOUR STORM EVENT DESIGN CRITERION APPLIES TO ALL STORM WATER DIVERSION STRUCTURES SUCH AS DIKES, BERMS, OR DITCHES, AS WELL AS MANURE AND PROCESS WASTEWATER RETENTION AND CONTROL STRUCTURES.

(b)  ANY DISCHARGE TO WATERS OF THE STATE SHALL BE AS THE RESULT OF EXCESS FLOW OR OVERFLOW BEYOND THE PROPERLY DESIGNED AND CONSTRUCTED RETENTION CAPABILITY OR HYDRAULIC CAPACITY OF THE MANURE OR PROCESS WASTEWATER CONTROL STRUCTURES. A DISCHARGE SHALL NOT RESULT FROM DEWATERING OR LOWERING OF THE PROCESS WASTEWATER LEVEL OR SOLIDS STORAGE LEVEL BELOW THE DESIGN RETENTION CAPABILITY OF THE CONTROL STRUCTURES.

(c)  A CONCENTRATED ANIMAL FEEDING OPERATION THAT CHANGES OWNERSHIP OR INCREASES ITS AVERAGE WORKING CAPACITY SHALL NOT DISCHARGE MANURE AND PROCESS WASTEWATER OR STORM WATER RUNOFF FROM THE FEEDING OPERATION TO WATERS OF THE STATE EXCEPT AS THE RESULT OF STORMS IN EXCESS OF A TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR STORM EVENT.

(4)  AN OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION CONSTRUCTED AFTER APRIL 16, 1974, OR CONSTRUCTED EARLIER BUT INACTIVE FOR LONGER THAN THREE CONSECUTIVE YEARS AFTER APRIL 16, 1974, SHALL DESIGN, CONSTRUCT, AND OPERATE CONTROL STRUCTURES AS NECESSARY TO RETAIN AND DISPOSE WITHOUT DISCHARGE ALL MANURE AND PROCESS WASTEWATER PRODUCED BY THE FACILITY AND ALL STORM WATER RUNOFF THAT ENTERS THE FACILITY AS THE RESULT OF PRECIPITATION EQUAL TO OR LESS THAN THE AMOUNT RESULTING FROM A TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR STORM EVENT.

(5)  RUNOFF VOLUME FROM THE CONCENTRATED ANIMAL FEEDING OPERATION SURFACE SHALL BE DETERMINED FROM SOIL COVER COMPLEX CURVE NUMBER NINETY FOR UNPAVED LOTS OR SOIL COVER COMPLEX CURVE NUMBER NINETY­SEVEN FOR PAVED LOTS, AS DEFINED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE AND AS OUTLINED IN THE NATIONAL ENGINEERING HANDBOOK. THE DIVISION MAY APPROVE THE USE OF A DIFFERENT SOIL COVER COMPLEX CURVE NUMBER ON A CASE­BY­CASE BASIS.

25­8.3­203.  Operation and maintenance of no­discharge facilities. (1)  ACCUMULATIONS OF MANURE AND PROCESS WASTEWATER SHALL BE REMOVED FROM THE CONTROL RETENTION STRUCTURES AS NECESSARY TO PREVENT OVERFLOW OR DISCHARGE FROM THE STRUCTURES. MANURE AND PROCESS WASTEWATER STORED IN EARTHEN STORAGE STRUCTURES, SUCH AS LAGOONS OR EARTHEN STORAGE BASINS, SHALL BE REMOVED FROM THE STRUCTURES AS NECESSARY TO MAINTAIN A MINIMUM OF TWO FEET OF FREEBOARD IN THE STRUCTURE, UNLESS A GREATER LEVEL OF FREEBOARD IS REQUIRED TO MAINTAIN THE STRUCTURAL INTEGRITY OF THE STRUCTURE OR TO PREVENT OVERFLOW.

(2)  TO ENSURE THAT ADEQUATE CAPACITY EXISTS IN THE CONTROL STRUCTURES TO RETAIN ALL MANURE AND PROCESS WASTEWATER PRODUCED DURING PERIODS WHEN LAND APPLICATION OR DISPOSAL OPERATIONS CANNOT BE CONDUCTED DUE TO INCLEMENT WEATHER SUCH AS CHRONIC CONDITIONS, LACK OF AVAILABLE LAND DISPOSAL AREAS, OR OTHER FACTORS, MANURE AND PROCESS WASTEWATER SHALL BE REMOVED FROM THE CONTROL RETENTION STRUCTURES AS NECESSARY PRIOR TO THESE PERIODS.

(3)  WHEN ANIMAL CONFINEMENT AREAS AND MANURE STOCKPILES MUST BE ISOLATED FROM OUTSIDE SURFACE DRAINAGE BY DITCHES, PIPES, DIKES, BERMS, TERRACES, OR OTHER SUCH STRUCTURES, THESE DIVERSION STRUCTURES SHALL BE MAINTAINED TO CARRY PEAK FLOWS EXPECTED AT TIMES WHEN THE APPLICABLE DESIGN STORM EVENT OCCURS. ALL MANURE STOCKPILE AREAS SHALL BE CONSTRUCTED AND MAINTAINED SO AS TO RETAIN ALL RAINFALL THAT COMES IN CONTACT WITH THE STOCKPILES.

(4)  ADEQUATE EQUIPMENT SHALL BE AVAILABLE ON SITE OR PROVIDED FOR IN A WRITTEN AGREEMENT FOR THE REMOVAL OF ACCUMULATIONS OF MANURE AND PROCESS WASTEWATER AS REQUIRED FOR COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.

(5) (a)  PROCESS WASTEWATER RETENTION STRUCTURES SHALL BE EQUIPPED WITH EITHER IRRIGATION OR EVAPORATION OR OTHER TYPES OF SYSTEMS CAPABLE OF DEWATERING THE RETENTION STRUCTURES.

(b)  FOR IRRIGATION DISPOSAL SYSTEMS, EXCEPT AS PROVIDED IN SUBSECTIONS (1) AND (2) OF THIS SECTION, WHENEVER FIFTY PERCENT OF THE DESIGN RUNOFF STORAGE CAPACITY IS EXCEEDED BY ACCUMULATED RUNOFF, SEDIMENT, MANURE, OR PROCESS WASTEWATER, THE RETENTION STRUCTURE SHALL BE DEWATERED TO A LEVEL THAT RESTORES THE FULL RUNOFF STORAGE CAPACITY AND THE DEWATERING PROCESS SHALL BE COMPLETED WITHIN A FIFTEEN­DAY PERIOD. IF THE IRRIGATION SYSTEM IS NOT CAPABLE OF DEWATERING THE RETENTION STRUCTURES AS REQUIRED, SUFFICIENT ADDITIONAL STORAGE CAPACITY SHALL BE PROVIDED IN LIEU OF DEWATERING CAPABILITIES UPON WRITTEN APPROVAL OF THE DIVISION AND UNDER SUCH TERMS AND CONDITIONS AS SPECIFIED IN THIS PART 2.

(c)  EVAPORATION SYSTEMS SHALL BE DESIGNED TO WITHSTAND A TEN­YEAR PERIOD OF MAXIMUM RECORDED RAINFALL, AS DETERMINED BY A WATER BUDGET ANALYSIS PROCESS THAT INCLUDES MANURE AND PROCESS WASTEWATER LOADING DURING THAT PERIOD AND PROVIDES SUFFICIENT FREEBOARD TO RETAIN ALL RAINFALL AND RAINFALL RUNOFF FROM THE APPLICABLE DESIGN STORM EVENT WITHOUT OVERFLOW.

25­8.3­204.  Manure and process wastewater retention structures for no­discharge facilities. (1) (a)  EXCEPT AS PROVIDED IN SUBSECTIONS (2) AND (3) OF THIS SECTION, ALL PROCESS WASTEWATER RETENTION STRUCTURES SHALL BE CONSTRUCTED OF COMPACTED OR IN­SITU EARTHEN MATERIALS OR OTHER VERY LOW PERMEABILITY MATERIALS, AND SHALL BE MAINTAINED SO AS NOT TO EXCEED A SEEPAGE RATE OF ONE­THIRTY­SECOND OF AN INCH PER DAY. THE OPERATOR SHALL HAVE AVAILABLE SUITABLE EVIDENCE THAT A COMPLETED LINING MEETING THE REQUIREMENTS OF THIS PARAGRAPH (a) WAS CONSTRUCTED.

(b)  COMPACTED OR IN­SITU EARTHEN MATERIALS SHALL CONSIST OF SUITABLE SOILS THAT MEET THE SEEPAGE RATE OF THIS SECTION.

(c)  VERY LOW PERMEABILITY MATERIALS INCLUDE FLEXIBLE MEMBRANE LININGS, ASPHALT SEALED FABRIC LINERS, AND BENTONITE SEALANTS. INSTALLATION OF VERY LOW PERMEABILITY MATERIALS SHALL BE IN ACCORDANCE WITH THE MANUFACTURER'S INSTALLATION SPECIFICATIONS.

(d)  ALTERNATIVE METHODS OF LINING, OTHER THAN THOSE DESCRIBED IN PARAGRAPH (b) OR (c) OF THIS SUBSECTION (1), REQUIRE PRIOR WRITTEN APPROVAL BY THE DIVISION.

(2)  RETENTION STRUCTURES THAT COLLECT STORM WATER RUNOFF FROM OPEN ANIMAL FEEDING OPERATIONS AND NO OTHER WATERS, EXCEPT WATER THAT HAS NOT COME INTO CONTACT WITH MANURE OR PROCESS WASTEWATER, BOILER COOLING WATER, OR FLOW­THROUGH LIVESTOCK DRINKING WATER, SHALL BE CONSTRUCTED OF A MATERIAL AND MAINTAINED SO AS NOT TO EXCEED A SEEPAGE RATE OF ONE­FOURTH OF AN INCH PER DAY SO LONG AS THE RETENTION STRUCTURE IS DEWATERED SO THAT THE FULL RUNOFF STORAGE CAPACITY IS RESTORED WITHIN FIFTEEN DAYS AFTER THE STORM EVENT, CONSISTENT WITH THE PROVISIONS OF SECTION 25­8.3­201 (2).

(3)  EARTHEN RETENTION STRUCTURES IN EXISTENCE AS OF AUGUST 30, 1992, SHALL BE EXEMPT FROM THE REQUIREMENT TO HAVE AVAILABLE SUITABLE EVIDENCE THAT A COMPLETED LINING MEETING THE REQUIREMENTS OF PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION HAS BEEN CONSTRUCTED. WHENEVER THE DIVISION MAKES A DETERMINATION THAT SEEPAGE OF NUTRIENTS OR OTHER POLLUTANTS FROM MANURE OR PROCESS WASTEWATER INTO GROUNDWATER OCCURS AT A RATE GREATER THAN ALLOWED IN THIS SECTION, THE DIVISION MAY REQUIRE COMPLIANCE WITH THE PROVISIONS OF SUBSECTION (1) OR (2) OF THIS SECTION.

25­8.3­205.  Manure and process wastewater conveyance structures for no­discharge facilities ­ beneficial use. (1)  MANURE AND PROCESS WASTEWATER CONVEYANCE STRUCTURES SHALL BE DESIGNED AND CONSTRUCTED TO PREVENT EXCEEDANCES OF APPLICABLE WATER QUALITY STANDARDS OR IMPAIRMENT OF EXISTING OR CLASSIFIED BENEFICIAL USES.

(2)  INFILTRATION OF PROCESS WASTEWATER SHALL BE LIMITED TO THE MAXIMUM EXTENT PRACTICABLE THROUGH THE USE OF VERY LOW PERMEABILITY EARTHEN MATERIALS AND PROPER COMPACTION OR THROUGH THE USE OF SYNTHETIC CONVEYANCE MATERIALS.

(3)  IF LAND APPLICATION IS UTILIZED FOR DISPOSAL OF MANURE OR PROCESS WASTEWATER, THE FOLLOWING REQUIREMENTS SHALL APPLY:

(a)  MANURE AND PROCESS WASTEWATER SHALL NOT BE DISTRIBUTED ON AGRICULTURAL LANDS IN A MANNER THAT ADVERSELY AFFECTS THE QUALITY OF WATERS OF THE STATE BY CAUSING EXCEEDANCES OF APPLICABLE WATER QUALITY STANDARDS, NUMERICAL PROTECTION LEVELS, OR IMPAIRMENT OF EXISTING BENEFICIAL USES.

(b)  WHEN IRRIGATION DISPOSAL OF PROCESS WASTEWATER IS EMPLOYED, THE IRRIGATION APPLICATION RATE SHOULD NOT EXCEED THE ESTIMATED SOIL INFILTRATION RATE. FOR FLOOD IRRIGATION, TAILWATER FACILITIES SHALL BE PROVIDED. IRRIGATION APPLICATION RATES SHALL BE ADJUSTED TO AVOID SIGNIFICANT PONDING OF CONCENTRATED RUNOFF IN SURFACE DEPRESSIONS OR SEASONAL DRAINAGE WAYS.

(c)  THERE SHALL BE NO DISCHARGE TO WATERS OF THE STATE RESULTING FROM LAND APPLICATION ACTIVITIES WHEN THE GROUND IS FROZEN OR SATURATED OR DURING RAINFALL EVENTS.

(d)  SPRINKLER­TYPE LAND APPLICATION SYSTEMS SHALL BE EQUIPPED WITH A BACKFLOW PREVENTION DEVICE OR AN AIR GAP BETWEEN THE IRRIGATION WELL PUMP AT THE WATER SOURCE AND THE POINT OF INJECTION OF THE PROCESS WASTEWATER. THIS EQUIPMENT SHALL PREVENT PROCESS WASTEWATER FROM BEING PUMPED, DRAINED, OR SIPHONED INTO THE IRRIGATION WATER SOURCE IF FRESH WATER IS BEING APPLIED ALONG WITH THE WASTEWATER. ANY SYSTEM THAT IS IN COMPLIANCE WITH THE REQUIREMENTS OF THE "COLORADO CHEMIGATION ACT", ARTICLE 11 OF TITLE 35, C.R.S., SHALL BE DEEMED IN COMPLIANCE WITH THIS PARAGRAPH (d).

(e)  THE LAND APPLICATION RATE FOR MANURE AND PROCESS WASTEWATER SHALL BE LIMITED BY THE OPERATOR AS SET FORTH IN PARAGRAPH (f) OR (g) OF THIS SUBSECTION (3) PERTAINING TO SEASONAL LAND APPLICATION ACTIVITIES BASED ON SOUND AGRONOMIC PRACTICES.

(f)  IF NO SUPPLEMENTAL OR COMMERCIAL FERTILIZERS ARE UTILIZED IN ADDITION TO THE MANURE AND PROCESS WASTEWATER GENERATED BY THE FACILITY AND IF THE PROPER LAND APPLICATION RATE IS BASED ON APPLICABLE DATA FROM RELIABLE SOURCES SUCH AS THE LAND GRANT AND STATE UNIVERSITIES COOPERATIVE EXTENSION SERVICES OR THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE, NO SITE ANALYSIS IS REQUIRED. CROP NITROGEN UPTAKE RATES SHALL BE COMPUTED BASED ON THE SPECIFIED CROP YIELDS. IN ADDITION, THE OPERATOR SHALL RELY ON THE GENERALLY ACCEPTED TEXTBOOK VALUES FROM SOURCES SUCH AS THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE NATIONAL ENGINEERING HANDBOOK, COLORADO STATE UNIVERSITY'S "BEST MANAGEMENT PRACTICES FOR MANURE UTILIZATION" OR "BEST MANAGEMENT PRACTICES FOR NITROGEN FERTILIZATION", AND SUBSEQUENT AMENDMENTS OR OTHER SIMILAR RELIABLE SOURCES FOR TOTAL NITROGEN CONTENT IN MANURE AND PROCESS WASTEWATER IN COMPUTING THE PROPER APPLICATION RATE. THE OPERATOR SHALL LIMIT APPLICATION BASED ON THE ASSUMPTION THAT ALL OF THE TOTAL NITROGEN APPLIED FROM MANURE AND PROCESS WASTEWATER IS PLANT­AVAILABLE DURING THE YEAR FOLLOWING THE MANURE APPLICATION.

(g)  OPERATORS MAY APPLY MANURE AND PROCESS WASTEWATER ON A YEAR­TO­YEAR BASIS AT RATES GREATER THAN ALLOWED IN PARAGRAPH (f) OF THIS SUBSECTION (3) BASED ON A SITE­SPECIFIC AGRONOMIC ANALYSIS THAT INCLUDES ALL PLANT­AVAILABLE NUTRIENT INPUTS FROM MANURE OR PROCESS WASTEWATER, IRRIGATION WATER, LEGUMES, RESIDUAL SOIL NUTRIENTS, AND SOIL ORGANIC MATTER BASED UPON SITE­SPECIFIC SOIL, WATER, AND MANURE OR PROCESS WASTEWATER ANALYSES. THESE DATA, PLUS THE YIELD GOAL FOR THE CROP TO BE GROWN, SHALL BE USED TO CALCULATE APPROPRIATE MANURE OR PROCESS WASTEWATER AND SUPPLEMENTAL FERTILIZER NUTRIENT ADDITIONS. MANAGEMENT FACTORS SUCH AS MANURE HANDLING, APPLICATION METHOD, TILLAGE, IRRIGATION REGIME, CROPPING, AND GRAZING PATTERNS AND SITE FACTORS SUCH AS SOIL TEXTURE, SLOPE, AND ASPECT WILL BE USED TO MODIFY THE MANURE OR PROCESS WASTEWATER APPLICATION RATES. THE OPERATOR SHALL MAINTAIN COPIES OF THE AGRONOMIC ANALYSES THAT ARE BEING RELIED UPON FOR THE PURPOSE OF LIMITING LAND APPLICATION RATES OF MANURE AND PROCESS WASTEWATER. COPIES OF SUCH ANALYSES SHALL BE AVAILABLE FOR INSPECTION AT THE FACILITY, AND RECORDS SHALL BE MAINTAINED FOR A MINIMUM OF THREE YEARS.

(4)  IF THE OPERATOR PROPOSES TO USE INNOVATIVE METHODS OF DISPOSAL OR DISPOSAL OTHER THAN THOSE SPECIFIED IN SUBSECTIONS (2) AND (3) OF THIS SECTION, THE OPERATOR SHALL APPLY FOR AN INDIVIDUAL PERMIT PURSUANT TO PART 4 OF THIS ARTICLE. IF TREATMENT OTHER THAN LAND APPLICATION AT OR BELOW AGRONOMIC RATES IS UTILIZED PRIOR TO DISCHARGE TO STATE WATERS, AN INDIVIDUAL PERMIT SHALL BE REQUIRED.

25­8.3­206.  Nutrient management plans. (1)  ALL NEW, REACTIVATED, RECONSTRUCTED, OR EXPANDED FACILITIES AND EXISTING CONCENTRATED ANIMAL FEEDING OPERATIONS THAT HAVE BEEN DETERMINED BY THE DIVISION TO BE IN SIGNIFICANT NONCOMPLIANCE WITH THIS ARTICLE SHALL SUBMIT A NUTRIENT MANAGEMENT PLAN, AS DEFINED IN SECTION 25­8.3­102 (15), TO THE DIVISION. THE DIVISION SHALL PROVIDE COMMENTS ON THE ADEQUACY OF THE PLAN WITHIN FORTY­FIVE DAYS AFTER RECEIPT OF SUCH SUBMITTAL. THE PLAN SHALL INCLUDE DETAILS DEMONSTRATING THE FACILITIES' ADEQUACY TO COMPLY WITH THIS PART 2 FOR NO­DISCHARGE FACILITIES. PROCESS WASTEWATER RETENTION STRUCTURES OR MANURE STOCKPILES SHALL NOT BE LOCATED WITHIN A ONE­HUNDRED­YEAR FLOODPLAIN AS DESIGNATED AND APPROVED BY THE COLORADO WATER CONSERVATION BOARD OR THE FEDERAL EMERGENCY MANAGEMENT AGENCY OR AS VERIFIED BY A LICENSED PROFESSIONAL ENGINEER OR PROFESSIONAL LAND SURVEYOR UNLESS PROPER FLOOD PROOFING STRUCTURES ARE DESIGNED AND CONSTRUCTED. FACILITY DESIGNS AS REQUIRED UNDER THIS SECTION SHALL BE PREPARED BY THE OWNER OF THE FACILITY, A LICENSED PROFESSIONAL ENGINEER, THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE OR QUALIFIED AGRICULTURAL EXTENSION SERVICE AGENT, OR OTHER INDIVIDUAL WITH DEMONSTRATED EXPERTISE IN THE DESIGN OF SUCH PLANS.

25­8.3­207.  Monitoring of no­discharge facilities. EXISTING CONCENTRATED ANIMAL FEEDING OPERATIONS THAT ARE IN COMPLIANCE WITH THE NO­DISCHARGE REQUIREMENTS OF THIS ARTICLE SHALL NOT BE REQUIRED TO CONDUCT WATER QUALITY MONITORING AS SET FORTH IN SECTION 25­8.3­208.

25­8.3­208.  Enforcement. FACILITY INSPECTIONS BY THE DIVISION MAY OCCUR ON A COMPLAINT BASIS. GENERAL SITE INSPECTIONS BY THE DIVISION FOR VERIFICATION OF COMPLIANCE WITH THE NO­DISCHARGE REQUIREMENTS OF THIS PART 2 MAY OCCUR WITH ADVANCE NOTICE. SHOULD A NO­DISCHARGE FACILITY BE DETERMINED BY THE DIVISION TO BE IN SIGNIFICANT NONCOMPLIANCE WITH THIS PART 2, THE DIVISION MAY REQUIRE THE FACILITY TO OBTAIN A GENERAL PERMIT UNDER PART 3 OF THIS ARTICLE OR AN INDIVIDUAL PERMIT UNDER PART 4 OF THIS ARTICLE. THE DETERMINATION BY THE DIVISION TO OBTAIN A GENERAL PERMIT OR AN INDIVIDUAL PERMIT MAY BE APPEALED TO THE COMMISSION ACCORDING TO THE PROVISIONS OF SECTION 24­4­105, C.R.S.

PART 3

GENERAL PERMIT REQUIREMENTS

25­8.3­301.  Applicability. ALL CONCENTRATED ANIMAL FEEDING OPERATIONS MAY ELECT TO APPLY FOR A GENERAL PERMIT UNDER THIS PART 3. FACILITIES THAT OPERATE AS NO­DISCHARGE FACILITIES MAY BE REQUIRED BY THE DIVISION TO APPLY FOR A GENERAL PERMIT UNDER THIS PART 3 IF THEY ARE FOUND TO BE IN SIGNIFICANT NONCOMPLIANCE WITH THE NO­DISCHARGE REQUIREMENTS AS OUTLINED IN PART 2 OF THIS ARTICLE.

25­8.3­302.  General permit requirements ­ application. (1)  ANY PERSON OR OPERATION THAT ELECTS OR IS REQUIRED BY THE DIVISION TO OPERATE A CONCENTRATED ANIMAL FEEDING OPERATION UNDER A GENERAL PERMIT SHALL COMPLETE, SIGN, AND SUBMIT AN APPLICATION ACCORDING TO THE PROVISIONS OF THIS SECTION.

(2)  THE APPLICANT SHALL SUBMIT TO THE DIVISION AN ORIGINAL COMPLETED APPLICATION ON FORMS PRESCRIBED BY THE DIVISION ALONG WITH ATTACHMENTS. THE FOLLOWING INFORMATION SHALL BE INCLUDED WITH THE APPLICATION:

(a)  THE NAME, ADDRESS, AND TELEPHONE NUMBER OF EVERY LEGAL OWNER OF THE FACILITY;

(b)  THE SIGNATURE OF AT LEAST ONE OWNER OF THE FACILITY;

(c)  THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A LOCAL FACILITY CONTACT PERSON;

(d)  THE AVERAGE WORKING CAPACITY OF AND EACH TYPE OF ANIMAL AT THE FACILITY;

(e)  A LEGAL DESCRIPTION OF THE PROPERTY AND ALL BOUNDARIES OF LAND OWNED, OPERATED, OR CONTROLLED BY THE APPLICANT RELATIVE TO THE OPERATION OF THE FACILITY;

(f)  A SITE PLAN SHOWING THE LOCATION AND SURROUNDING TOPOGRAPHY;

(g)  A NUTRIENT MANAGEMENT PLAN, AS DEFINED IN SECTION 25­8.3­102 (15), DEMONSTRATING THE FACILITY'S ADEQUACY TO COMPLY WITH THIS ARTICLE.

(3)  WITHIN FIFTEEN DAYS AFTER RECEIPT OF THE APPLICATION AND ATTACHMENTS, THE DIVISION SHALL EXAMINE THE ITEMS SUBMITTED AND DECLARE THAT THE APPLICATION IS COMPLETE OR SEND NOTICE TO THE APPLICANT OF THE ADDITIONAL INFORMATION THAT IS REQUIRED. IF ADDITIONAL INFORMATION IS REQUIRED, THE DIVISION THEN HAS TEN DAYS AFTER RECEIPT OF THE ADDITIONAL INFORMATION TO DECLARE THE APPLICATION COMPLETE. A DECISION BY THE DIVISION ON ISSUANCE OF A PERMIT UNDER THIS SECTION SHALL BE MADE NO LATER THAN FIFTEEN DAYS AFTER THE APPLICATION HAS BEEN DECLARED COMPLETE. IF FIFTEEN DAYS PASS AFTER THE APPLICATION IS COMPLETE AND NO ACTION IS TAKEN BY THE DIVISION, THEN THE PERMIT SHALL BE ISSUED. DENIAL OF THE PERMIT SHALL ONLY BE BASED ON NONCOMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.

25­8.3­303.  Compliance with general permit. (1)  CONCENTRATED ANIMAL FEEDING OPERATIONS PERMITTED UNDER THIS PART 3 SHALL BE REQUIRED TO KEEP A PRECIPITATION AND DETERRING LOG, INCLUDING A WEEKLY MEASUREMENT OF LAGOON LEVELS, AND A LOG OF ALL ON­SITE APPLICATION OF MANURE. BOTH OF THESE LOGS SHALL BE AVAILABLE FOR REVIEW BY THE DIVISION UPON REQUEST. RECORDS SHALL BE MAINTAINED FOR A MINIMUM OF THREE YEARS.

(2)  CONCENTRATED ANIMAL FEEDING OPERATIONS THAT ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS PART (3) SHALL NOT BE REQUIRED TO CONDUCT WATER QUALITY MONITORING. THE DIVISION MAY REQUEST THE COMMISSION TO REQUIRE AN OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION TO PERFORM SITE­SPECIFIC WATER QUALITY MONITORING WHENEVER THE DIVISION DETERMINES THAT THE FACILITY POSES A SIGNIFICANT POTENTIAL RISK TO BENEFICIAL USES OF STATE WATERS. IN MAKING A DETERMINATION OF WHETHER MONITORING SHOULD BE REQUIRED PURSUANT TO THIS SUBSECTION (2), THE COMMISSION MAY CONSIDER FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO:

(a)  THE ECONOMIC IMPACT OF THE PROPOSED MONITORING ACTIVITIES;

(b)  WHETHER THERE IS SUSPECTED CONTAMINATION OF STATE WATERS ATTRIBUTABLE TO THE FACILITY;

(c)  WHETHER EARLY DETECTION OF GROUNDWATER CONTAMINATION IS ESSENTIAL TO PROTECT VALUABLE DRINKING WATER SOURCES; AND

(d)  WHETHER THERE HAS BEEN A SIGNIFICANT FAILURE ON THE PART OF THE OPERATOR TO COMPLY WITH THIS ARTICLE AND SUCH SIGNIFICANT NONCOMPLIANCE INDICATES THAT THERE IS A HIGH PROBABILITY THAT APPLICABLE WATER QUALITY STANDARDS OR NUMERICAL PROTECTION LEVELS MAY BE VIOLATED.

25­8.3­304.  Surface water protection ­ general permit facilities. (1)  CONCENTRATED ANIMAL FEEDING OPERATIONS SHALL BE OPERATED AS NO­DISCHARGE FACILITIES. COMPLIANCE WITH THE NO­DISCHARGE PROVISION CAN ONLY BE ACHIEVED BY INSTALLATION AND OPERATION OF ADEQUATE MANURE AND PROCESS WASTEWATER COLLECTION, STORAGE, AND LAND APPLICATION AGREEMENTS.

(2)  OPEN CONCENTRATED ANIMAL FEEDING OPERATIONS SHALL CONTROL ALL MANURE AND PROCESS WASTEWATER INCLUDING FLOWS FROM THE ANIMAL AREAS AND ALL OTHER FLOWS FROM AN APPLICABLE STORM EVENT. CONTROL OF MANURE AND PROCESS WASTEWATER FROM OPEN CONCENTRATED ANIMAL FEEDING OPERATIONS MAY BE ACCOMPLISHED THROUGH THE USE OF RETENTION BASINS, TERRACES, OR OTHER RUNOFF CONTROL METHODS. IN ADDITION, DIVERSIONS OF UNCONTAMINATED SURFACE DRAINAGE PRIOR TO CONTACT WITH THE CONCENTRATED ANIMAL FEEDING OPERATION OR MANURE STORAGE AREAS MAY BE REQUIRED BY THE DIVISION IN ORDER TO PREVENT WATER POLLUTION.

(3)  HOUSED CONCENTRATED ANIMAL FEEDING OPERATIONS SHALL CONTROL MANURE AND PROCESS WASTEWATER PRODUCED IN THE CONFINEMENT ENCLOSURES BETWEEN PERIODS OF DISPOSAL. CONTROL OF MANURE AND PROCESS WASTEWATER FROM HOUSED ANIMAL FEEDING OPERATIONS MAY BE ACCOMPLISHED THROUGH USE OF EARTHEN STORAGE STRUCTURES SUCH AS LAGOONS OR EARTHEN BASINS, FORMED STORAGE TANKS SUCH AS CONCRETE, STEEL, OR WOOD TANKS, OR OTHER CONTROL METHODS. SUFFICIENT CAPACITY SHALL BE PROVIDED IN THE CONTROL STRUCTURES TO STORE ALL MANURE AND PROCESS WASTEWATER BETWEEN PERIODS OF DISPOSAL. ADDITIONAL CAPACITY SHALL BE PROVIDED IF PRECIPITATION OR DISCHARGES FROM OTHER SOURCES CAN ENTER THE MANURE AND PROCESS WASTEWATER CONTROL STRUCTURES.

25­8.3­305.  Design criteria ­ general permit facilities. (1)  EXCEPT AS PROVIDED BY SUBSECTIONS (2), (3), AND (4) OF THIS SECTION, AN OPERATOR OF AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION SHALL NOT DISCHARGE MANURE, PROCESS WASTEWATER, OR STORM WATER RUNOFF FROM THE FACILITY TO STATE WATERS. THESE DESIGN CRITERIA APPLY TO ALL STORM WATER DIVERSION STRUCTURES SUCH AS DIKES, BERMS, AND DITCHES AS WELL AS MANURE AND PROCESS WASTEWATER RETENTION AND CONTROL STRUCTURES.

(2)  ANY DISCHARGE TO STATE WATERS SHALL BE AS THE RESULT OF EXCESS FLOW OR OVERFLOW BEYOND THE PROPERLY DESIGNED AND CONSTRUCTED RETENTION CAPABILITY OR HYDRAULIC CAPACITY OF THE MANURE OR PROCESS WASTEWATER CONTROL STRUCTURES EXCEPT AS THE RESULT OF STORMS IN EXCESS OF A TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR STORM EVENT. A DISCHARGE SHALL NOT RESULT FROM DETERRING OR LOWERING OF THE PROCESS WASTEWATER LEVEL OR SOLIDS STORAGE LEVEL BELOW THE DESIGN RETENTION CAPABILITY OF THE CONTROL STRUCTURES.

(3)  PROCESS WASTEWATER AND STORM WATER MAY BE DISCHARGED TO STATE WATERS WHENEVER CHRONIC OR CATASTROPHIC EVENTS CAUSE AN OVERFLOW OF PROCESS WASTEWATER FROM A FACILITY DESIGNED, CONSTRUCTED, AND OPERATED TO CONTAIN ALL PROCESS WASTEWATER PLUS RUNOFF FROM A TWENTY­FIVE­YEAR, TWENTY­FOUR­HOUR STORM EVENT FOR THE LOCATION OF THE FACILITY, IF THE FACILITY IS OPERATING UNDER THE GENERAL PERMIT AS DESCRIBED IN THIS SECTION.

(4)  RUNOFF VOLUME FROM THE CONCENTRATED ANIMAL FEEDING OPERATION SURFACE SHALL BE DETERMINED FROM SOIL COVER COMPLEX CURVE NUMBER NINETY FOR UNPAVED LOTS OR SOIL COVER COMPLEX CURVE NUMBER NINETY­SEVEN FOR PAVED LOTS, AS DEFINED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE. THE DIVISION MAY APPROVE THE USE OF A DIFFERENT SOIL COVER COMPLEX CURVE NUMBER ON A CASE­BY­CASE BASIS.

25­8.3­306.  Operation and maintenance of general permit facilities. (1)  ACCUMULATIONS OF MANURE AND PROCESS WASTEWATER SHALL BE REMOVED FROM THE CONTROL RETENTION STRUCTURES AS NECESSARY TO PREVENT OVERFLOW OR DISCHARGE FROM THE STRUCTURES. MANURE AND PROCESS WASTEWATER STORED IN EARTHEN STORAGE STRUCTURES SUCH AS LAGOONS OR EARTHEN STORAGE BASINS SHALL BE REMOVED FROM THE STRUCTURES AS NECESSARY TO MAINTAIN A MINIMUM OF TWO FEET OF FREEBOARD IN THE STRUCTURE, UNLESS A GREATER LEVEL OF FREEBOARD IS REQUIRED TO MAINTAIN THE STRUCTURAL INTEGRITY OF THE STRUCTURE OR TO PREVENT OVERFLOW.

(2)  WHEN ANIMAL CONFINEMENT AREAS AND MANURE STOCKPILES MUST BE ISOLATED FROM OUTSIDE SURFACE DRAINAGE BY DITCHES, PIPES, DIKES, BERMS, TERRACES, OR OTHER SUCH STRUCTURES, THESE DIVERSION STRUCTURES SHALL BE MAINTAINED TO CARRY PEAK FLOWS EXPECTED AT TIMES WHEN THE APPLICABLE DESIGN STORM EVENT OCCURS. ALL MANURE STOCKPILE AREAS SHALL BE CONSTRUCTED AND MAINTAINED SO AS TO RETAIN ALL RAINFALL THAT COMES IN CONTACT WITH THE STOCKPILES.

(3)  ADEQUATE EQUIPMENT SHALL BE AVAILABLE ON SITE OR PROVIDED FOR IN AN AGREEMENT FOR THE REMOVAL OF ACCUMULATIONS OF MANURE AND PROCESS WASTEWATER AS REQUIRED FOR COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.

(4) (a)  PROCESS WASTEWATER RETENTION STRUCTURES SHALL BE EQUIPPED WITH EITHER IRRIGATION OR EVAPORATION SYSTEMS CAPABLE OF DETERRING THE RETENTION STRUCTURES.

(b)  FOR IRRIGATION DISPOSAL SYSTEMS, EXCEPT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION, WHENEVER FIFTY PERCENT OF THE DESIGN RUNOFF STORAGE CAPACITY IS EXCEEDED BY ACCUMULATED RUNOFF, SEDIMENT, MANURE, OR PROCESS WASTEWATER, THE RETENTION STRUCTURE SHALL BE DEWATERED TO A LEVEL THAT RESTORES THE FULL RUNOFF STORAGE CAPACITY AND THE DEWATERING PROCESS SHALL BE COMPLETED WITHIN A FIFTEEN­DAY PERIOD. IF THE IRRIGATION SYSTEM IS NOT CAPABLE OF DEWATERING THE RETENTION STRUCTURES AS REQUIRED, SUFFICIENT ADDITIONAL STORAGE CAPACITY SHALL BE PROVIDED IN LIEU OF DEWATERING CAPABILITIES UPON WRITTEN APPROVAL OF THE DIVISION, AND UNDER SUCH TERMS AND CONDITIONS AS THE DIVISION MAY SPECIFY.

(c)  EVAPORATION SYSTEMS SHALL BE DESIGNED TO WITHSTAND A TEN­YEAR PERIOD OF MAXIMUM RECORDED RAINFALL, AS DETERMINED BY A WATER BUDGET ANALYSIS PROCESS THAT INCLUDES MANURE AND PROCESS WASTEWATER LOADING DURING THAT PERIOD AND PROVIDES SUFFICIENT FREEBOARD TO RETAIN ALL RAINFALL AND RAINFALL RUNOFF FROM THE APPLICABLE DESIGN STORM EVENT WITHOUT OVERFLOW.

25­8.3­307.  Groundwater protection requirements for no­discharge facilities. (1) (a)  EXCEPT AS PROVIDED IN THIS SUBSECTIONS (1) AND (4) OF THIS SECTION, ALL PROCESS WASTEWATER RETENTION STRUCTURES SHALL BE CONSTRUCTED OF COMPACTED OR IN­SITU EARTHEN MATERIALS OR OTHER VERY LOW PERMEABILITY MATERIALS, AND SHALL BE MAINTAINED SO AS NOT TO EXCEED A SEEPAGE RATE OF ONE­THIRTY­SECOND OF AN INCH PER DAY. THE OPERATOR SHALL HAVE AVAILABLE SUITABLE EVIDENCE THAT A COMPLETED LINING MEETING THE REQUIREMENTS OF THIS PARAGRAPH (a) WAS CONSTRUCTED.

(b)  COMPACTED OR IN­SITU EARTHEN MATERIALS SHALL CONSIST OF SUITABLE SOILS THAT MEET THE SEEPAGE RATE OF THIS SECTION AND SHALL HAVE A MINIMUM COMPACTED THICKNESS OF TWELVE INCHES.

(c)  VERY LOW PERMEABILITY MATERIALS INCLUDE FLEXIBLE MEMBRANE LININGS, ASPHALT SEALED FABRIC LINERS, AND BENTONITE SEALANTS. INSTALLATION OF VERY LOW PERMEABILITY MATERIALS SHALL BE IN ACCORDANCE WITH THE MANUFACTURER'S INSTALLATION SPECIFICATIONS.

(d)  ALTERNATIVE METHODS OF LINING, OTHER THAN THOSE DESCRIBED IN PARAGRAPHS (a) OR (b) OF THIS SUBSECTION (1), REQUIRE THE PRIOR WRITTEN APPROVAL OF THE DIVISION.

(2)  RETENTION STRUCTURES THAT COLLECT STORM WATER RUNOFF FROM OPEN ANIMAL FEEDING OPERATIONS AND NO OTHER WATERS, EXCEPT FROM BOILER COOLING WATER OR FLOW­THROUGH LIVESTOCK DRINKING WATER, SHALL BE CONSTRUCTED OF A MATERIAL AND MAINTAINED SO AS NOT TO EXCEED A SEEPAGE RATE OF ONE­FOURTH OF AN INCH PER DAY, SO LONG AS THE RETENTION STRUCTURE IS DEWATERED SO THAT THE FULL RUNOFF STORAGE CAPACITY IS RESTORED WITHIN FIFTEEN DAYS AFTER THE STORM EVENT, CONSISTENT WITH THE PROVISIONS OF SECTION 25­8.3­306.

(3)  NEW STRUCTURES THAT CONTAIN PROCESSED WASTEWATER SHALL HAVE A LEACHATE INDICATOR SYSTEM INSTALLED BELOW THE REGULAR LINER CONSISTING OF, BUT LIMITED TO, A CONDUIT THAT WILL INDICATE EARLY DETECTION OF LEACHATE ABOVE ALLOWABLE SEEPAGE RATES AS SPECIFIED IN SUBSECTION (1) OF THIS SECTION.

(4)  EARTHEN RETENTION STRUCTURES IN EXISTENCE AS OF JULY 1, 1998, SHALL BE EXEMPT FROM THE REQUIREMENT TO HAVE AVAILABLE SUITABLE EVIDENCE THAT A COMPLETED LINING MEETING THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION HAS BEEN CONSTRUCTED. WHENEVER THE DIVISION MAKES A DETERMINATION THAT SEEPAGE OF NUTRIENTS OR OTHER POLLUTANTS FROM MANURE OR PROCESS WASTEWATER INTO GROUNDWATER OCCURS AT A RATE GREATER THAN ALLOWED IN THIS SECTION, THE DIVISION MAY REQUIRE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.

25­8.3­308.  Manure and process wastewater conveyance structures for general permit facilities. (1)  MANURE AND PROCESS WASTEWATER CONVEYANCE STRUCTURES SHALL BE DESIGNED AND CONSTRUCTED TO PREVENT EXCEEDANCES OF APPLICABLE WATER QUALITY STANDARDS OR IMPAIRMENT OF EXISTING OR CLASSIFIED BENEFICIAL USES.

(2)  INFILTRATION OF PROCESS WASTEWATER SHALL BE LIMITED TO THE MAXIMUM EXTENT PRACTICABLE THROUGH THE USE OF VERY LOW PERMEABILITY EARTHEN MATERIALS AND PROPER COMPACTION OR THROUGH THE USE OF SYNTHETIC CONVEYANCE MATERIALS.

25­8.3­309.  Beneficial use and disposal of manure and process wastewater. (1)  IF LAND APPLICATION IS UTILIZED FOR DISPOSAL OF MANURE OR PROCESS WASTEWATER, THE FOLLOWING REQUIREMENTS SHALL APPLY:

(a)  MANURE AND PROCESS WASTEWATER SHALL NOT BE DISTRIBUTED ON AGRICULTURAL LANDS IN A MANNER THAT ADVERSELY AFFECTS THE QUALITY OF WATERS OF THE STATE BY CAUSING EXCEEDANCES OF APPLICABLE WATER QUALITY STANDARDS, NUMERICAL PROTECTION LEVELS, OR IMPAIRMENT OF EXISTING BENEFICIAL USES.

(b)  WHEN IRRIGATION DISPOSAL OF PROCESS WASTEWATER IS EMPLOYED, THE IRRIGATION APPLICATION RATE SHOULD NOT EXCEED THE ESTIMATED SOIL INFILTRATION RATE. FOR FLOOD IRRIGATION, TAILWATER FACILITIES SHALL BE PROVIDED. IRRIGATION APPLICATION RATES SHALL BE ADJUSTED TO AVOID SIGNIFICANT PONDING OF CONCENTRATED RUNOFF IN SURFACE DEPRESSIONS OR SEASONAL DRAINAGE WAYS.

(c)  THERE SHALL BE NO DISCHARGE TO WATERS OF THE STATE RESULTING FROM LAND APPLICATION ACTIVITIES WHEN THE GROUND IS FROZEN OR SATURATED OR DURING RAINFALL EVENTS.

(d)  SPRINKLER­TYPE LAND APPLICATION SYSTEMS SHALL BE EQUIPPED WITH A BACKFLOW PREVENTION DEVICE OR AN AIR GAP BETWEEN THE IRRIGATION WELL PUMP AT THE WATER SOURCE AND THE POINT OF INJECTION OF THE PROCESS WASTEWATER. THIS EQUIPMENT SHALL PREVENT PROCESS WASTEWATER FROM BEING PUMPED, DRAINED, OR SIPHONED INTO THE IRRIGATION WATER SOURCE IF FRESH WATER IS BEING APPLIED ALONG WITH THE WASTEWATER. ANY SYSTEM THAT IS IN COMPLIANCE WITH THE REQUIREMENTS OF THE "COLORADO CHEMIGATION ACT", ARTICLE 11 OF TITLE 35, C.R.S., SHALL BE DEEMED IN COMPLIANCE WITH THIS PARAGRAPH (d).

(e)  THE LAND APPLICATION RATE FOR MANURE AND PROCESS WASTEWATER SHALL BE LIMITED BY THE OPERATOR AS SET FORTH IN PARAGRAPHS (f) AND (g) OF THIS SUBSECTION (1) PERTAINING TO SEASONAL LAND APPLICATION ACTIVITIES BASED ON SOUND AGRONOMIC PRACTICES.

(f)  IF NO SUPPLEMENTAL OR COMMERCIAL FERTILIZERS ARE UTILIZED IN ADDITION TO THE MANURE AND PROCESS WASTEWATER GENERATED BY THE FACILITY AND IF THE PROPER LAND APPLICATION RATE IS BASED ON APPLICABLE DATA AND AT AGRONOMIC RATES, NO SITE ANALYSIS IS NECESSARY. CROP NITROGEN UPTAKE RATES SHALL BE COMPUTED AS BASED ON THE SPECIFIED CROP YIELDS. IN ADDITION, THE OPERATOR SHALL RELY ON THE TABLE VALUES FOR TOTAL NITROGEN CONTENT IN MANURE AND PROCESS WASTEWATER AS SHOWN IN COMPUTING THE PROPER APPLICATION RATE. THE OPERATOR SHALL LIMIT APPLICATION BASED ON THE ASSUMPTION THAT ALL OF THE TOTAL NITROGEN APPLIED FROM MANURE AND PROCESS WASTEWATER IS PLANT­AVAILABLE DURING THE YEAR FOLLOWING THE MANURE APPLICATION.

(g)  OPERATORS MAY APPLY MANURE AND PROCESS WASTEWATER ON A YEAR­TO­YEAR BASIS AT RATES GREATER THAN ALLOWED IN PARAGRAPH (a) OF THIS SUBSECTION (1) BASED ON A SITE­SPECIFIC AGRONOMIC ANALYSIS THAT INCLUDES ALL PLANT­AVAILABLE NUTRIENT INPUTS FROM MANURE OR PROCESS WASTEWATER, IRRIGATION WATER, LEGUMES, RESIDUAL SOIL NUTRIENTS, AND SOIL ORGANIC MATTER, BASED UPON SITE­SPECIFIC SOIL, WATER, AND MANURE OR PROCESS WASTEWATER ANALYSES. THESE DATA, PLUS THE YIELD GOAL FOR THE CROP TO BE GROWN, WILL BE USED TO CALCULATE APPROPRIATE MANURE OR PROCESS WASTEWATER AND SUPPLEMENTAL FERTILIZER NUTRIENT ADDITIONS. MANAGEMENT FACTORS SUCH AS MANURE HANDLING, APPLICATION METHOD, TILLAGE, IRRIGATION REGIME, CROPPING, AND GRAZING PATTERNS AND SITE FACTORS SUCH AS SOIL TEXTURE, SLOPE, AND ASPECT WILL BE USED TO MODIFY THE MANURE OR PROCESS WASTEWATER APPLICATION RATES. THE OPERATOR SHALL MAINTAIN COPIES OF THE AGRONOMIC ANALYSES THAT ARE BEING RELIED UPON FOR THE PURPOSE OF LIMITING LAND APPLICATION RATES OF MANURE AND PROCESS WASTEWATER. COPIES OF SUCH ANALYSES SHALL BE AVAILABLE FOR INSPECTION AT THE FACILITY, AND RECORDS SHALL BE MAINTAINED FOR A MINIMUM OF THREE YEARS.

(h)  IF THE OPERATOR PROPOSES TO USE INNOVATIVE METHODS OF DISPOSAL, AN INDIVIDUAL PERMIT UNDER PART 4 OF THIS ARTICLE SHALL BE REQUIRED.

25­8.3­310.  Nutrient management plan for general permit facilities. THE NUTRIENT MANAGEMENT PLAN SHALL INCLUDE ALL THE INFORMATION REQUIRED IN SECTION 25­8.3­102 (15). THE DIVISION MAY REQUIRE ADDITIONAL INFORMATION CHARACTERIZING THE MANURE AND PROCESS WASTEWATER IF DEEMED NECESSARY TO ENSURE PROTECTION OF STATE WATERS. PROCESS WASTEWATER RETENTION STRUCTURES OR MANURE STOCKPILES SHALL NOT BE LOCATED WITHIN A MAPPED ONE­HUNDRED­YEAR FLOODPLAIN AS DESIGNATED AND APPROVED BY THE COLORADO WATER CONSERVATION BOARD UNLESS PROPER FLOOD PROOFING STRUCTURES ARE DESIGNED AND CONSTRUCTED. FACILITY DESIGNS AS REQUIRED UNDER THIS SECTION SHALL BE PREPARED BY A REGISTERED PROFESSIONAL ENGINEER, THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE, OR AGRICULTURAL EXTENSION SERVICE AGENT, OR OTHER INDIVIDUAL WITH DEMONSTRATED EXPERTISE IN THE DESIGN OF SUCH PLANS.

25­8.3­311.  Maintenance of report ­ general permit. (1)  OPERATORS OF CAFOS OPERATING UNDER A GENERAL PERMIT SHALL PREPARE AND MAINTAIN, WITH UPDATED INFORMATION AS APPROPRIATE, A REPORT CONTAINING, AT A MINIMUM, THE FOLLOWING INFORMATION:

(a)  THE AMOUNT OF WATER INVOLVED IN THE FOLLOWING PROCESSES:

(I)  EVAPORATION;

(II)  PROCESS WASTEWATER;

(III)  STORM EVENTS;

(IV)  DISPOSAL AND USAGE OF PROCESS WASTEWATER;

(b)  THE AMOUNT OF MANURE GENERATED AND HOW IT IS USED OR DISPOSED OF;

(c)  A SOIL AND NUTRIENT SUMMARY TO VERIFY APPLICATION AT OR BELOW AGRONOMIC RATES.

(2)  THE INFORMATION CONTAINED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION SHALL BE UPDATED AT LEAST QUARTERLY.

(3)  THE REPORT SHALL BE AVAILABLE FOR REVIEW BY THE DIVISION AT ALL TIMES AND SHALL BE PROVIDED TO THE DIVISION UPON REQUEST. FAILURE TO PROVIDE THE REPORT UPON THE DIVISION'S REQUEST SHALL BE A VIOLATION OF THIS ARTICLE, AND THE OPERATOR SHALL BE CONSIDERED TO BE IN NONCOMPLIANCE WITH THE OPERATOR'S GENERAL PERMIT.

(4)  ALL INFORMATION CONTAINED IN THE REPORT SHALL BE CONFIDENTIAL AND TREATED AS PROPRIETARY INFORMATION.

25­8.3­312.  Enforcement. INSPECTIONS OF THE CONCENTRATED ANIMAL FEEDING OPERATIONS BY THE DIVISION MAY OCCUR AS NEEDED. GENERAL SITE INSPECTIONS BY THE DIVISION FOR VERIFICATION WITH THE GENERAL PERMIT REQUIREMENTS MAY OCCUR WITH HOURS ADVANCE NOTICE. IF THE CONCENTRATED ANIMAL FEEDING OPERATION IS DETERMINED BY THE DIVISION TO BE IN SIGNIFICANT NONCOMPLIANCE WITH THE CONDITIONS OF THIS PART 3, THE DIVISION MAY REQUIRE THE FACILITY TO OBTAIN AN INDIVIDUAL PERMIT PURSUANT TO PART 4 OF THIS ARTICLE. THE DETERMINATION BY THE DIVISION TO OBTAIN AN INDIVIDUAL PERMIT MAY BE APPEALED TO THE COMMISSION ACCORDING TO SECTION 24­4­105, C.R.S.

PART 4

INDIVIDUAL PERMITS FOR CONCENTRATED ANIMAL

FEEDING OPERATIONS

25­8.3­401.  Applicability ­ permit required ­ process. (1)  IF A CONCENTRATED ANIMAL FEEDING OPERATOR PROPOSES TO USE OR USES INNOVATIVE METHODS FOR DISPOSAL OF MANURE OR PROCESS WASTEWATER OR TREATMENT OTHER THAN LAND APPLICATION AT OR BELOW AGRONOMIC RATES IS UTILIZED, A SITE­SPECIFIC INDIVIDUAL PERMIT, ACCORDING TO THE DISCHARGE PERMIT SYSTEM REGULATIONS, SHALL BE REQUIRED.

(2)  THE DIVISION SHALL REQUIRE THE OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION TO SUBMIT THE NECESSARY PLANS, SPECIFICATIONS, AND DETAILS NECESSARY TO DETERMINE THE ABILITY OF THE CONCENTRATED ANIMAL FEEDING OPERATION TO DISPOSE OF OR TREAT MANURE OR PROCESS WASTEWATER IN A MANNER THAT WILL COMPLY WITH APPROPRIATE WATER QUALITY STANDARDS.

(3)  AT LEAST ONE PUBLIC HEARING BEFORE THE WATER QUALITY CONTROL COMMISSION SHALL BE HELD IN THE COUNTY WHERE THE CONCENTRATED ANIMAL FEEDING OPERATION IS LOCATED BEFORE THE SITE­SPECIFIC INDIVIDUAL PERMIT IS APPROVED OR DENIED.

25­8.3­402.  Protection of waters of the state. MANURE AND PROCESS WASTEWATER SHALL NOT BE DISTRIBUTED ON AGRICULTURAL LANDS IN A MANNER THAT ADVERSELY AFFECTS THE QUALITY OF WATERS OF THE STATE BY CAUSING EXCEEDANCES OF APPLICABLE WATER QUALITY STANDARDS, NUMERICAL PROTECTION LEVELS, OR IMPAIRMENT OF EXISTING BENEFICIAL USES.

SECTION 20  25­8­504 (2), Colorado Revised Statutes, is repealed as follows:

25­8­504.  Agricultural wastes. (2)  Neither the commission nor the division shall require any permit for animal or agricultural waste on farms and ranches except as may be required PURSUANT TO ARTICLE 8.3 OF TITLE 25 OR by the federal act or regulations. The provisions of any permit that are so required shall not be any more stringent than, and shall not contain any condition for monitoring or reporting in excess of, the minimum required by the federal act or regulations.

SECTION 30  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to all concentrated animal feeding operations in operation on and after said date.

SECTION 40  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.