As used in this part:
- (1) “Best management practices” means schedules of activities, prohibited activities, maintenance procedures, and management practices that prevent or reduce pollution of the waters of the state, as set forth in this part and the permit;
- (2) “Concentrated animal feeding operation (CAFO)” means an animal feeding operation that is defined as a Large CAFO or as a Medium CAFO pursuant to 40 C.F.R. § 122.23, or that is designated as a CAFO in accordance with 40 C.F.R. § 122.23(c);
(3) “Confined animal operation” means any lot or facility where:
- (A) Livestock, fowl, or other animals have been, are, or will be stabled or confined and fed or maintained; and
- (B) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over significant portions of the lot or facility;
- (4) “Department” means the Department of Agriculture;
- (5) “Liquid animal waste management system” means any system used for the collection, storage, or distribution of animal manure in liquid form generated by a confined animal operation;
- (6) “Nutrient management plan” means a plan prepared in accordance with Arkansas Code § 15-20-1107 by a certified nutrient management planner or a professional engineer registered in the State of Arkansas detailing the management of liquid manures generated in a confined animal operation;
- (7) “Ordinary high-water mark” means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as cleat, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas;
- (8) “Permit” means an authorization conferred by the Department of Agriculture pursuant to Arkansas Code § 15-20-102;
- (9) “Reasonably anticipated” means greater than a fifty percent (50%) chance of precipitation of twenty-five hundredths of one inch (0.25”) or more on the zone area forecast for the county that represents the land application site using the National Weather Service station website: www.weather.gov;
(10) “Site management plan” means a plan prepared by the United States Department of Agriculture’s Natural Resources Conservation Service, a certified nutrient management planner, or a professional engineer registered in the State of Arkansas which includes a detailed map of the land application site showing:
- (A) All buffer zones;
- (B) A description of the land use and the crops grown on the site; and
- (C) A land use agreement if the site is not owned by the permittee; and
- (11) “Waters of the state” means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of surface and underground water, regardless of whether natural or artificial or public or private, which are contained within, flow through, or border upon this state or any portion of this state as defined by the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq.