(b) Design requirements and guidance. Designs and nutrient management plans shall be in accordance with this part, the Arkansas Phosphorus Index, and guidance as applicable from the following United States Department of Agriculture’s Natural Resources Conservation Service technical publications:

1. (1) Field Office Technical Guide, as amended; and
2. (2) Agricultural Waste Management Field Handbook, as amended.

(c) Siting requirements.

1. (1)

   1. (A) Confinement buildings, settling basins, holding ponds, and other liquid animal waste manure containment structures shall not be constructed within one thousand three hundred twenty feet (1,320’) of the nearest occupied dwelling for confined animal operations.
   2. (B) This requirement only applies to animal feeding operations which exceed the following number of animals:

(i) Six hundred (600) beef cattle;

1. (ii) Four hundred thirty (430) dairy cows;

   1. (iii) One thousand five hundred (1,500) finishing hogs;

      1. (iv) Six hundred (600) sows;
      2. (v) Six thousand (6,000) nursery pigs;
      3. (vi) Thirty-three thousand (33,000) turkeys; or
      4. (vii) One hundred thirty thousand (130,000) chickens.
2. (2) A buffer distance of five hundred feet (500’) shall apply to all other facilities.

3. (3) These buffer distances shall not apply if the:

   1. (A) Existing occupied residence or dwelling is owned by owners or operators of the liquid manure management system; or
   2. (B) Adjoining property owner consents in writing.
4. (4) Confined animal operations existing as of 1992 and proposing to construct a liquid manure containment structure to reduce run-off to waters of the state may be considered exempt from these buffer distances.

5. (5) These buffer distances do not apply to confinement buildings, settling basins, holding ponds, or other liquid animal waste containment structures existing as of the effective date of this part, nor do they apply to existing structures when a liquid animal waste permit modification is required due to a change in ownership.

   1. (d) Subsurface investigation requirements.
6. (1) The subsurface investigation for earthen holding ponds’ and treatment lagoons’ suitability and liner requirements may consist of auger holes, dozer pits, or backhoe pits that should extend to at least two feet (2’) below the planned bottom of the excavation.
7. (2) In those situations where this depth is not practical in the initial onsite subsurface investigation, the applicant shall provide additional subsurface investigation documentation to the Department of Agriculture.

(e) Nutrient management plan.

1. (1)

   1. (A) All permitted facilities must have a nutrient management plan and a site management plan, if applicable.

   2. (B) The nutrient management plan:

      1. (i) Shall be developed in accordance with subsection (b) of this section;
      2. (ii) Shall address the timing of land application of nutrients with respect to the nutrient uptake cycle of the vegetation found on the land application site or sites; and
      3. (iii) To the extent practicable, shall include measures to minimize offsite obnoxious and offensive odors.

2. (2) In nutrient surplus areas designated by Arkansas Code § 15-20-1104, persons drafting nutrient management plans must be certified in accordance with:

   1. (A) Arkansas Code § 15-20-1106; and
   2. (B) The Department of Agriculture’s Arkansas Natural Resources Commission Arkansas Nutrient Management Planner Certification Program, 15 CAR pt. 4.

3. (3) A nutrient management plan shall contain sufficient documentation to demonstrate that manure and associated nutrients will be managed:

   1. (A) In compliance with this part; and
   2. (B) With the expectation that proper management of those nutrients will be protective of the waters within the state.
4. (4) The Department of Agriculture shall require proof of land ownership or of contractual agreements for use of the land as a land application site.

5. (5)

   1. (A) The facility nutrient management plan shall be reviewed annually by the operator.

   2. (B) An updated nutrient management plan shall be submitted to the Department of Agriculture:

      1. (i) When significant changes are made; or
      2. (ii) As required by the Department of Agriculture.
   3. (C) The updated nutrient management plan shall include soil samples and analysis as required by this part.
6. (6) The nutrient management plan must be updated by the operator every five (5) years.

7. (7) The operator shall determine that the land application sites proposed for the nutrient management plan are not currently:

   1. (A) Permitted by:

      1. (i) The Department of Agriculture; or
      2. (ii) The Division of Environmental Quality; or
   2. (B) Used by another user.

(f) Land application requirements.

1. (1) Manure applications shall be evenly distributed over application sites at the rates specified in nutrient management plans.

2. (2) Land application of manure shall not be undertaken when:

   1. (A) Soil is:

      1. (i) Saturated;
      2. (ii) Frozen; or
      3. (iii) Covered with ice or snow; or
   2. (B) Significant precipitation is reasonably anticipated in the next twenty-four (24) hours.

3. (3)

   1. (A) Manures shall not be applied:

      1. (i) On slopes with a grade of more than fifteen percent (15%); or
      2. (ii) In any manner that will allow the manure to:

(b) (b) Run onto adjacent property without the written consent of the affected adjacent property owner.

1. (B) An exception to the slope requirement will be permitted if:

   1. (i) Manure is incorporated into the soil; and

      1. (ii) Additional best management practices are applied to the Arkansas Phosphorus Index so that manures do not exit application areas.

2. (4)

   1. (A) Application of manures shall not be made within:

      1. (i) One hundred feet (100’) of streams including:

(b) (b) Ponds;

1. (c) (c) Lakes;

   1. (d) (d) Springs;

(h) (h) Water supplies; or

1. (ii) Three hundred feet (300’) of extraordinary resource waters as defined by the Arkansas Pollution Control and Ecology Commission Rule Establishing Water Quality Standards for Surface Waters of the State of Arkansas, 8 CAR pt. 21.

   1. (B) Buffer distances for streams, ponds, and lakes shall be measured from the ordinary high-water mark.
   2. (C) The Department of Agriculture may require additional buffer distances deemed necessary to protect the waters of the state.

2. (5)

   1. (A) Application of manures shall not be made within fifty feet (50’) of property lines or five hundred feet (500’) of neighboring occupied buildings existing as of the date of the permit.

   2. (B) The restrictions regarding property lines or neighboring occupied buildings shall not apply if the:

      1. (i) Adjoining property is also approved as a land application site under a permit issued by the Department of Agriculture; or
      2. (ii) Adjoining property owner consents in writing.
3. (6) Application of manures shall not be made in areas where the land application of liquid animal waste is prohibited by Department of Health rules for the protection of public water supplies.

(g) Recordkeeping requirements.

1. (1)

   1. (A)

      1. (i) Records shall be kept of all nutrients applied.
      2. (ii) These records shall be kept in sufficient detail to determine the application rate.

   2. (B)

      1. (i) A daily log shall be kept of all land-applied waste manures and other nutrients/wastewater when applying.
      2. (ii) The log should include date, weight and/or volume, field identification, and the acreage over which the manures and nutrient sources waste/wastewater was spread applied.
   3. (C) All records and logs shall be kept at the facility and provided to the Department of Agriculture upon request.

2. (2) A representative sample of the liquid animal waste to be land applied shall be:

   1. (A) Collected periodically, at a minimum of once each year; and

   2. (B) Analyzed for the following parameters:

      1. (i) pH;
      2. (ii) Total nitrogen;
      3. (iii) Potassium;
      4. (iv) Total phosphorus;
      5. (v) Soluble phosphorus; and
      6. (vi) Percent solids.
3. (3) The soils of each field where liquid manure has been land applied shall be sampled and analyzed at least once every five (5) years in accordance with the nutrient management plan.

4. (4) Annual reports for the previous calendar year:

   1. (A) Shall be submitted prior to May 30 of each year on forms made available by the Department of Agriculture; and

   2. (B) Must include the following:

      1. (i) Manure waste/wastewater analyses conducted under this part;
      2. (ii) Locations, volumes, and nitrogen application rates for the previous year; and
      3. (iii) Methods of application and types of crops grown on each land application site.