1. (1) The discharge of untreated wastewater and runoff from dairy farms may reasonably be expected to be a source of pollution to waters of the state. The purpose of Rule 62-670.500, F.A.C., is to control pollution of waters of the state due to the discharge of wastewater and runoff from dairy farms in the Lake Okeechobee Drainage Basin to surface and ground water.
2. (2) Rule 62-670.500, F.A.C., shall be applicable to all dairy farms in the Lake Okeechobee Drainage Basin as defined in subsection 62-670.200(8), F.A.C. Regulation of dairy farms in other drainage basins under this rule will be proposed upon a determination by the Department that such additional regulations are required to insure that water quality standards are met or maintained.
3. (3) Discharge of dairy farm wastewater and runoff to waters of the state shall not cause or contribute to a violation of water quality standards.
4. (4) The system of practices, specified in subsections 62-670.500(5) through (8), F.A.C., for collection and recycling of wastewater by proper land disposal, together with the associated management practices, is established for the purpose of determining compliance with water quality standards. Implementation of these practices will be presumed to provide reasonable assurance that the facility will meet water quality standards in waters of the state.

5. (5) Fencing.

   1. (a) All dairy cattle, including dry cows and heifers, shall be fenced away from all watercourses, or drainage ditches with a drainage area of 100 acres or more, that will transport storm runoff to surface waters. All new and replacement fences shall be located no closer than 25 feet from the top of the side slopes of the drainage or from the stream bank of natural watercourses. The area between the fence and the watercourses or drainage ditches may be used for forage crop production and shall be so managed as to attenuate the loads of nutrients carried to surface waters. Additional fencing may be required by the management plan on the basis of site-specific factors.
   2. (b) Milk Herd Concentration. The high intensity use area shall be so managed as to encourage congregation of the milk herd in the area. Permanent structures, and watering and feeding facilities shall be located in contiguous high-intensity use areas, whenever practicable, to promote maximum waste/runoff collection.

   3. (c) Barn Waste and High Intensity Runoff. All wastes and flushings from milking barns and runoff from high intensity use areas shall be centrally collected for storage and disposal by land application, or treated prior to discharge. The size of the high intensity use area is expected to vary on a site-specific basis. It is the intent of this rule that this area shall be minimized through adoption of appropriate site designs and management practices developed in the management plan. It is contemplated that in many cases existing high intensity areas will be reduced in size, thus minimizing the amount of runoff to be collected.

      1. The design of lagoons, storage ponds and other impoundments for barn wastes and runoff from “high intensity use” areas shall be based on total containment of effluents for the longest anticipated period between emptyings. The volume should be large enough to store inputs from accumulated manure and wash water, direct rainfall on the pond, and the runoff contributed to the facility for the period minus losses expected due to evaporation. The design will provide for storage of runoff from the 25-year, 24-hour storm event. Runoff shall be determined in accordance with the USDA Soil Conservation Service procedures. The design and construction of the waste management facilities should conform to the criteria contained in the local SCS Field Office Technical Guide.

      2. The storage facilities shall be cleaned periodically to remove accumulated sludge, debris or other solids so that their effective capacity (design volume) to provide adequate storage of wastes and runoff before land application will not be reduced. The bottom of the storage facilities shall be sealed, when necessary, to prevent leakage of the contents to the surrounding ground water.

   4. (d) Land Application. Land application of all wastes (solids, sludge, runoff and wastewater) shall be managed to maximize water quality benefits derived from plant uptake of nutrients.

      1. The nutrient content of all wastes shall be determined at least quarterly before spreading and the wastewater and runoff shall be applied to meet nutrient requirements of the crops. If the nutrient analyses show consistent results, the frequency of the analysis may be reduced. The degree of consistency required and the specific changes in the frequency of analysis shall be specified in the permit.

      2. All sources of nutrients applied shall not exceed the annual nutrient requirements of the grasses or crops in the area.

      3. The water table shall be eighteen (18) inches or deeper below the normal ground surface when wastes are applied to the land.

      4. Irrigation with wastewater and runoff shall be managed so that no irrigation water is discharged to the surface waters of the state.

      5. The frequency and rate of land application shall be managed to avoid secondary environmental problems such as severe odors, insect and pest problems, and other nuisance conditions. If wastes are to be disposed of on property not owned by the permittee, evidence of an appropriate lease or contract shall be provided for inclusion in the management plan.

   5. (e) Alternative to Land Application. As an alternative to land application, the Department may consider other methods of treatment and disposal of barn wastewater and runoff from high intensity areas. Limits for such treatment or disposal methods will be based on applicable Department rules.

6. (6) Setback Distances.

   1. (a) All dairy farms that originated after June 3, 1987, shall maintain the following minimum setback distances between storage and treatment facilities, or high intensity areas; and:

1. (b) All dairy farms that originated after June 3, 1987, shall maintain the following setback distances buffer zones between land application areas; and:

1. (c) Distances other than those in paragraphs (a) and (b), above, shall be specified in the permit if the Department determines based on information provided in the application that because of the type of soils and hydrogeology of the sites involved, a larger distance is necessary to protect the designated uses of the waters, or that allowance of a smaller distance will not impair the designated uses of the waters.
2. (d) Systems that existed prior to June 3, 1987, shall be evaluated on a case-by-case basis regarding their proximity to water supply wells and surface water bodies and their water quality impacts. A report on this evaluation shall be included in the management plan as required in subparagraph 62-670.500(8)(a)3., F.A.C.

3. (7) Ground Water Quality Monitoring Requirements.

   1. (a) Ground water near the storage ponds and land application areas shall be monitored for the following parameters on a quarterly basis:

1. (b) Background water quality shall also be monitored on wells up gradient of ground water flow to the storage ponds and land application sites. The locations and depths of monitoring wells shall be specified in the permits. The monitoring frequency of any parameter may be reduced to semi-annual if more than six consecutive samples show no increase in the concentration of that parameter. These requirements are in lieu of the requirements of subsection 62-28.700(6), F.A.C.

2. (8) Permit Requirements.

   1. (a) Existing Dairy Farms.

      1. By December 3, 1987, the owners or operators of all dairy farms in existence on June 3, 1987, are to have provided the Department with information concerning their operations, including:

      a. The number of acres in the dairy farm,

      b. The number of milking barns on the farm and the number of acres for each barn,

      c. Herd size for each barn,

      d. A copy of any current Soil Conservation Service Management Plan(s) for the dairy farm.

      2. By December 3, 1987, any dairy farm in existence on June 3, 1987, which is not in compliance with the practice specified herein is to have demonstrated to the Department that it has formally requested such a management plan from the local Soil and Water Conservation District or that it has contracted with a licensed professional engineer for such a plan.

      3. On June 3, 1989, all dairy farms in existence prior to June 3, 1987, are to have submitted to the Department:

      a. A management plan prepared by the Soil Conservation Service or a Florida licensed professional engineer that will bring the farm into compliance with the requirements of this rule; and,

      b. An application for a construction or operation permit on Forms 62-620.910(1) and 62-620.910(3), to be provided by the Department, which application shall include the ground water monitoring program as required under subsection 62-670.500(7), F.A.C. Any construction permits issued under this rule shall set a date for completion of construction and compliance with this rule.

      4. A new management plan shall be prepared and submitted to the Department should there be any plan to increase the number of animals or change the manner of disposal of the wastes.

      5. All dairy farms in existence prior to June 3, 1987, shall have completed construction in accordance with their permit as soon as practicable but no later than 18 months from the date of issuance of the construction permit.

   2. (b) New Dairy Farms. Dairy farms originating after June 3, 1987, shall submit an application to the Department for a construction permit together with a management plan prepared by the SCS or a professional engineer licensed to practice in the State of Florida.

Rulemaking Authority 403.051, 403.061, 403.087, 403.804 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.087, 403.088 FS. History–New 11-27-89, Amended 4-2-90, Formerly 17-670.500, Amended 12-26-96.