PURPOSE: This rule sets forth the permitting and other requirements for concentrated animal feeding operations. Minimum federal requirements are incorporated and additional state requirements are included to provide increased environmental protection of sensitive watersheds. This rule consolidates requirements for animal feeding operations from other Chapter 6 rules. Section (5) of this rule contains the letter of approval application procedures which were previously under sections (4)–(10) of 10 CSR 20-6.015.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Definitions.

   1. (A) Definitions as set forth in 10 CSR 20- 2.010 shall apply to the terms when used in this rule unless otherwise defined in subsection (B) below.

   2. (B) Other applicable definitions are incorporated as follows:

      1. 1. Animal—Domestic animals, fowls, or

other types of livestock except for aquatic animals;

1. 2. Animal unit—A unit of measurement

to compare various animal types at an animal feeding operation. One (1) animal unit equals the following: 1.0 beef cow or feeder, cow/calf pair, veal calf, or dairy heifer; 0.5 horse; 0.7 mature dairy cow; 2.5 swine weighing over 55 pounds; 10 swine weighing less than 55 pounds; 10 sheep, lamb, or meat and dairy goats; 30 chicken laying hens or broilers with a wet handling system; 82 chicken laying hens without a wet handling system; 55 turkeys in grow-out phase; 125 chicken broilers, chicken pullets, or turkey poults in brood phase without a wet handling system;

1. 3. Animal unit equivalent—Any unique

animal type, not listed, that has a similar manure characteristic as one of the listed animal unit categories. The department shall make the determination of an animal unit equivalent based upon manure characteristics that include manure volume and nutrient concentration;

1. 4. Animal feeding operation (AFO)—A

lot, building, or complex at an operating location where animals are stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve- (12-) month period, and crops, vegetation, forage growth, or post-harvest residues cannot be sustained over at least fifty percent (50%) of the animal confinement area within the normal crop growing season;

1. 5. Catastrophic storm event—A precipi-

tation event of twenty-four- (24-) hour duration that exceeds the twenty-five- (25-) year, twenty-four- (24-) hour storm event as defined by the most recent publication of the National Weather Service Climate Atlas;

1. 6. Chronic weather event—The chronic

weather event will be based upon an evaluation of the one-in-ten (1-in-10) year return rainfall frequency over a ten- (10-) day, ninety- (90-) day, one hundred eighty- (180-) day, and three hundred sixty-five- (365-) day operating period. It is preferred the University of Missouri’s Missouri Climate Center will determine, within a reasonable time frame, when a chronic weather event is occurring for any given county in the state;

1. 7. Class I and Class II operation—An

AFO or CAFO’s class size is based on the operating level in animal units of an individual animal type at one (1) operating location. Once a CAFO becomes a Class I operation, the animal units of all confined animals at the operating location are summed to determine whether the operation is Class IA, IB, or IC. Operations that are smaller than the Class II category are considered unclassified. The class categories, sorted by animal type, are presented in the following chart:

1. 8. Concentrated animal feeding opera-

tion (CAFO)—An AFO that meets one (1) of the following criteria:

1. A. Class I operation;
2. B. Class II operation where either one

1. (1) of the following conditions are met:

   1. (I) Pollutants are discharged direct-

ly into waters of the state through a manmade ditch, flush system, or other similar man-made device; or

1. (II) Pollutants are discharged

directly into waters of the state which originate outside of and pass over, across, or through the production area or otherwise come into contact with the animals confined in the operation; or

1. C. An unclassified operation that is

designated as a CAFO in accordance with subsection (2)(D) of this rule;

1. 9. Critical watersheds—defined as the

following:

1. A. Watersheds for public drinking

water lakes (L1 lakes defined in 10 CSR 20- 7.031 and identified in Table G);

1. B. Watersheds located upstream away

from the dam from all drinking water intake structures on lakes including the watershed of Table Rock Lake;

1. C. Areas in the watershed and within

five (5) miles upstream of any stream or river drinking water intake structure, other than those intake structures on the Missouri and Mississippi Rivers; and

1. D. Watersheds of the Current (head-

waters to Northern Ripley County Line), Eleven Point (headwaters to Hwy. 142), and Jacks Fork (headwaters to mouth) Rivers;

1. 10. Discharge—A CAFO is said to dis-

charge when it is designed, constructed, operated, or maintained such that a discharge of process waste to surface waters of the state will occur. This does not include CAFOs that merely have the potential to discharge to waters of the state. A CAFO that discharges could include one that continuously discharges process wastewater to surface waters of the state, as well as one that may only have an intermittent and sporadic discharge. Discharges of agricultural storm water is a nonpoint source and therefore not included within this definition;

1. 11. Dry process waste—A process waste

mixture which may include manure, litter, or compost (including bedding, compost, or other raw materials which is commingled with manure) and has less than seventy-five percent (75%) moisture content and does not contain any free draining liquids;

1. 12. Flush system—Any animal waste

moving or removing system utilizing the force of periodic liquid flushing as the primary mechanism for removing manure from animal containment buildings, as opposed to a primarily mechanical or automatic device. This definition does not include confinement buildings that utilize deep or shallow underfloor pits with pull plug devices;

1. 13. Land application area—Agricultural

land which is under the operational control of the CAFO owner or operator, whether it is owned, rented, or leased, to which manure, litter, or process wastewater from the production area is or may be applied;

1. 14. Multi-year phosphorus application—

Phosphorus applied to a field in excess of the crop needs for that year. When multi-year phosphorus applications are followed, no additional manure, litter, or process wastewater is applied to the same land in subsequent years until the applied phosphorus has been removed from the field via harvest and crop removal or until subsequent soil testing allows for nitrogen-based rates;

1. 15. No-discharge operation—A CAFO

is considered no-discharge if the operation is designed, constructed, operated, and maintained in a manner such that the CAFO will not discharge to waters of the state. A discharge of agricultural storm water is a nonpoint source and therefore not included within this definition;

1. 16. Occupied residence—A residential

dwelling which is inhabited at least fifty percent (50%) of the year;

1. 17. Operating location—For purposes of

determining CAFO classification, an operating location includes all contiguous lands owned, operated, or controlled by one (1) person or by two (2) or more persons jointly or as tenants in common or noncontiguous lands if they use a common area for the land application of wastes. State and county roads are not considered property boundaries for purposes of this rule. Two (2) or more animal feeding operations under a common ownership are considered to be a single animal feeding operation if they adjoin each other or if they use a common area for the land application of wastes;

1. 18. Overflow—The discharge of process

wastewater resulting from the filling of wastewater or manure storage structures beyond the point at which no more manure, process wastewater, or storm water can be contained by the structure;

1. 19. Process wastewater—Water which

carries or contains manure, including manure commingled with litter, compost, or other animal production waste materials used in the operation of the CAFO. Also includes water directly used in the operation of the CAFO for any or all of the following: spillage or overflow from confined animal or poultry watering systems; washing, cleaning, or 10 CSR 20-6

flushing pens, barns, manure pits, or other CAFO facilities; and water resulting from the washing, or spray cooling of confined animals;

1. 20. Production area—The non-vegetated

portions of an operation where manure, litter, or process wastewater from the AFO is generated, stored, and/or managed. The production area 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 and silage silos, pads, and bunkers. The waste containment area includes, but is not limited to, settling basins and areas within berms and diversions which separate uncontaminated storm water. Also included in the definition of production area is any egg washing or egg processing operation and any area used in the storage, treatment, or disposal of animal mortalities;

1. 21. Public building—A building open to

and used routinely by the public for public purposes;

1. 22. Vegetated buffer—A narrow, perma-

nent 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; and

1. 23. Wet handling system—Wet handling

system is the handling of process wastewater that contains more than seventy five percent (75%) moisture content or has free draining liquids. A wet handling system includes, but is not limited to, lagoons, pits, tanks, all gravity outfall lines, recycle pump stations, recycle force mains, and appurtenances. (2) Applicability and Application for Coverage.

1. (A) Scope of Rule. This rule applies solely to manure, litter, and/or process wastewater management systems at concentrated animal feeding operations (CAFOs). CAFOs are point sources, and are subject to both state and federal National Pollutant Discharge Elimination System (NPDES) regulations in accordance with sections 640.710 and 644.026, RSMo.

2. (B) Permit Coverage Required—Any CAFO owner or operator that proposes the construction, modification, expansion, and/or operation of a manure, litter, and/or process wastewater management system at a concentrated animal feeding operation shall obtain one (1) or more of the following permits listed below unless otherwise exempted under subsection (2)(E) of this rule.

   1. 1. Construction permit—All existing or

proposed Class I CAFOs must obtain a construction permit prior to the initial construction, installation, modification, or expansion of a manure, litter, or process wastewater management system.

1. 2. NPDES permit—Owners or operators

of Class I CAFOs that discharge must obtain a state NPDES operating permit before any discharge occurs. Class I CAFOs that do not discharge may also apply for coverage under an NPDES permit.

1. 3. State no-discharge permit—Owners

or operators of Class I CAFOs that do not intend to discharge or propose to discharge and do not apply for coverage under a state NPDES permit shall obtain and maintain coverage under a state no-discharge operating permit. Compliance with a state no-discharge permit will provide a CAFO “No-Discharge Certification” in accordance with 40 CFR 122.23(i) and (j) July 1, 2009, without any later amendments or additions, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954.

1. (C) Voluntary Permit Coverage—Any owner or operator of a Class II or smaller AFO, which is not otherwise designated as a CAFO, may on their own behalf elect to be covered under one (1) of the above three (3) permits. Any person making such an election will be subject to all terms and conditions of the permit unless and until permit coverage is terminated.

2. (D) CAFO Designation at Class II Size AFOs.

   1. 1. The department may designate an

AFO as a concentrated animal feeding operation upon determining that it is a significant contributor of pollutants to waters of the state. In making such designation, the department shall consider the following factors:

1. A. The size of the AFO and the

amount of wastes reaching waters of the state;

1. B. The location of the AFO relative to

waters of the state;

1. C. The means of conveyance of ani-

mal wastes and process waste into waters of the state;

1. D. The slope, vegetation, rainfall,

and other factors affecting the likelihood or frequency of discharge of animal wastes manure and process waste into waters of the state; and

1. E. Other relevant factors.
2. 2. No AFO shall be designated under

this section unless the department has conducted an on-site inspection of the operation and determined that the operation should and could be regulated as a concentrated animal feeding operation. In addition, no AFO with number of animals below a Class II size operation may be designated as a CAFO unless—

1. A. Pollutants are discharged into

waters of the state through a manmade ditch, flushing system, or other similar manmade device; or

1. B. Pollutants are discharged directly

into the waters of the state which originate outside of the AFO and pass over, across, or through the AFO, or otherwise come into direct contact with the animals confined in the operation.

1. (E) Exemptions.

   1. 1. Pilot projects or demonstration pro-

jects for beneficial use may receive construction permit exemption by written approval from the department. An operating permit application shall be submitted at least ninety (90) days prior to end of the demonstration period if the operation intends to continue use of the pilot project.

1. 2. Construction permits are not required

for the construction or alteration of mortality composters or other storage buildings for dry process waste when the compost operation or dry process waste storage is located within a roofed building and the storage floor complies with the requirements in 10 CSR 20- 8.300.

1. 3. Construction permits are not required

for minor piping changes and other modifications. Minor modifications include, but are not limited to, small sections of buried wastewater lines, normal repair or replacement of existing wastewater lines, installation of manholes, wet wells, and other changes that do not significantly impact the normal operation of the waste management system.

1. 4. In accordance with section 640.758,

RSMo, livestock markets and auctions are exempt from the provisions of 10 CSR 20- 6.300(3)(B)–(C), 10 CSR 20-6.300(3)(H), and 10 CSR 20-6.300(7).

1. 5. Permits are not required for nonpoint

source discharges, agricultural storm water discharges, and return flows from irrigated agriculture. A precipitation related discharge of manure, litter, or process wastewater from land application areas under the control of a CAFO is considered an agricultural storm water discharge when manure, litter, or process wastewater is applied in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater.

1. 6. If a construction permit is waived by

the department, or for some other reason not required, part or all of the information necessary to issue a construction permit may be required with the application for the operating permit.

1. (F) Construction and Operating Permit Applications. This section describes the application process and requirements for CAFO construction and general NPDES and state no-discharge operating permits.

   1. 1. An application for a construction per-

mit shall include the permit application documents required within the CAFO manure storage design rule at 10 CSR 20-8.300. The construction application shall also include the application for an operating permit along with all applicable permit fees. The department may require other information as necessary to determine compliance with the Missouri Clean Water Law and these regulations.

1. 2. An operating permit application for

an AFO that did not previously have a construction permit or letter of approval (LOA) shall include the permit application documents required within the CAFO manure storage design rule at 10 CSR 20-8.300.

1. 3. All construction permit applications

shall require engineering documents along with a professional engineer’s seal affixed to such documents in accordance with 10 CSR 20-8.300.

1. 4. The department will not examine the

adequacy or efficiency of the structural, mechanical, or electrical components of the manure management systems, only adherence to rules and regulations. The issuance of permits will not include approval of such features.

1. 5. An application for a construction per-

mit should be submitted to the department at least one hundred eighty (180) days in advance of the date on which the proposed construction will begin. A separate application for each operating location must be submitted to the department.

1. 6. When an application is submitted

incomplete and missing key components, the department may return the entire permit application back to the applicant for re-submittal. When an application is submitted sufficiently complete, but is otherwise deficient, the applicant and the applicant’s engineer will be notified of the deficiency and will be provided time to address department comments and submit corrections. Processing of the application may be placed on hold until the applicant has corrected identified deficiencies.

1. 7. Applicants who fail to correct defi-

ciencies and/or fail to satisfy all department comments after two (2) certified department comment letters shall have the application returned as incomplete and the construction and operating permit fees shall be forfeited. The department will grant reasonable time extensions when the applicant requests additional time to respond to department comments, however, such requests must be in writing and must occur within the time frame set by the department.

1. 8. When the department has received all

documents and information necessary for a properly completed construction permit application, including appropriate permit fees, the department will, upon completion of the review and approval of said documents, act in one (1) of the following ways:

1. A. For an operation seeking coverage

under the state no-discharge general operating permit the department will issue both the construction and the state no-discharge general operating permit concurrently; or

1. B. For an operation seeking coverage

under the NPDES permit the department will post for fifteen (15) days on the department’s webpage a notice of the pending CAFO NPDES permit. The notice will include an announcement of the opportunity for public review and comment on a CAFO’s nutrient management plan and draft NPDES permit. The public may request, in writing, a fifteen- (15-) day extension to the public notice period for a permit. The department will post the public notice of a pending CAFO NPDES permit and consider all comments before issuing the construction and operating permit. The construction and NPDES operating permit will be issued concurrently. A public notice will not be required prior to the issuance of a construction permit for a manure or wastewater pipeline or land application system.

1. 9. Construction permits shall expire one

1. (1) year from the date of issuance unless the permittee applies for an extension. The department shall extend construction permits only one (1) time for a period not to exceed the originally issued effective period. An applicant requesting extension shall show that there have been no substantial changes in the original project. Extension requests should be received thirty (30) days prior to permit expiration.

   1. 10. When a construction permit is

issued for a project for which the construction period is known in advance to require longer than one (1) year from the date of issuance, the department may issue a permit allowing a period of time greater than one (1) year upon the applicant showing that the period of time is necessary and that no substantial changes in the project will be made without first notifying the department. If there are substantial changes, the department may require the applicant to apply for a new construction permit.

1. 11. Upon completion of construction

and prior to the expiration date of the construction permit, the owner or operator for which a construction permit was issued shall submit in writing on forms approved by the department the engineering certification of the newly constructed systems. Engineering certification will document that the project was completed in accordance with approved plans and specifications. If changes were made during construction, as-built drawings of said changes shall be submitted with the certification in accordance with 10 CSR 20- 8.300.

1. (3) Permit Requirements.

   1. (A) General Requirements.

      1. 1. All permits required by this rule shall

be issued in accordance with applicable provisions of 10 CSR 20-6.010, 10 CSR 20- 6.011, 10 CSR 20-6.020, and 10 CSR 20- 8.300. When the state regulations referenced within these rules are found to be incompatible with the requirements of 10 CSR 20- 6.300, the provisions of 10 CSR 20-6.300 will take precedence.

1. 2. For NPDES permits only—In addi-

tion to the state requirements found in this rule, all CAFO NPDES permits shall be issued in compliance with applicable federal regulation as set forth in 40 CFR 122.42(e), and 40 CFR 412, Subpart A through Subpart D, July 1, 2009, incorporated by reference, without any later amendments or additions, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954.

1. 3. Permits shall allow the CAFO to oper-

ate at an animal unit level not to exceed its respective class size (i.e., Class IC or IB). When determining the appropriate classification, a rolling twelve- (12-) month average method will be used. The rolling twelve- (12-) month average shall at no time exceed the upper threshold limit of the CAFO’s designated class size. CAFOs may change animal numbers and weights within its respective class size; however, such changes must not subsequently violate applicable effluent limitations found in section (4) of this rule or adversely impact the storage and handling capacities of the waste management system and may be subject to other appropriate conditions or limitations.

1. 4. Permits shall require the CAFO oper- 10 CSR 20-6

ator to provide the recipient of any manure, litter, or process wastewater transfer, a current manure nutrient analysis.

1. 5. Mortalities must not be disposed of in

any liquid manure or process wastewater system, unless specifically designed to handle them. Mortalities must be handled in such a way as to prevent the discharge of pollutants to surface waters and prevent the creation of a public health hazard.

1. (B) Buffer Distances.

   1. 1. All Class I concentrated animal feed-

ing operations shall maintain a buffer distance between the nearest animal confinement building or wastewater storage structure and any existing public building or occupied residence. The public building or occupied residence will be considered existing if it is being used prior to the start of the neighbor notice requirements of subsection (C) of this section or thirty (30) days prior to construction permit application, whichever is later. Buffer distances shall be—

1. A. One thousand feet (1000') for con-

centrated animal feeding operations between 1,000 and 2,999 animal units (Class IC operations);

1. B. Two thousand feet (2,000') for

concentrated animal feeding operations between 3,000 and 6,999 animal units (Class IB operations); and

1. C. Three thousand feet (3,000') for

concentrated animal feeding operations equal to or greater than 7,000 animal units (Class IA).

1. 2. A concentrated animal feeding opera-

tion and any future modification or expansion of a CAFO is exempt from buffer distance requirements, but not neighbor notice requirements, when it meets all of the following criteria:

1. A. The CAFO was in existence prior

to June 25, 1996; and

1. B. The CAFO does not expand to a

larger classification size.

1. 3. When existing animal feeding opera-

tions or concentrated animal feeding operations expand to a larger class size, the setback distances shall not apply to the portion of the operation in existence as of June 25, 1996.

1. 4. Buffer distances are not applicable to

residences owned by the concentrated animal feeding operation or a residence from which a written agreement for operation is obtained from the owner of that residence. When shorter setback distances are proposed by the operation and allowed by the department, the written agreement for a shorter setback distance shall be recorded with the county recorder and filed in the chain of title for the property of the land owner agreeing to the shorter buffer distance.

1. 5. The department may, upon review of

the information contained in the construction application, including, but not limited to, the prevailing winds, topography, and other local environmental factors, authorize a buffer distance which is less than the distance prescribed in this rule. The department’s recommendation shall be sent to the governing body of the county in which such site is proposed. The department’s authorized buffer distance shall become effective unless the county governing body rejects the department’s recommendation by a majority vote at the next meeting of the governing body after the recommendation is received.

1. (C) Neighbor Notice Requirements for Construction Permits.

   1. 1. Prior to filing an application for a

construction permit with the department for a new or expanding Class I concentrated animal feeding operation, the following information shall be provided by way of a letter to all the parties listed in paragraph (3)(C)2. of this section:

1. A. The number of animals designed

for the operation;

1. B. A brief summary of the waste han-

dling plan and general layout of the operation;

1. C. The location and number of acres

of the operation;

1. D. Name, address, and telephone

number of registered agent or owner;

1. E. Notice that the operation and the

department will accept written comments for a thirty- (30-) day period. The thirty- (30-) day notice period will begin on the day the construction permit application is received by the department; and

1. F. The address of the department

office receiving comments.

1. 2. The neighbor notice shall be provid-

ed to the following:

1. A. The department’s Water Protection

Program;

1. B. The county governing body; and
2. C. All adjoining owners of property

located within one and one-half (1 1/2) times the buffer distances specified in subsection (3)(B). Distances are to be measured from the nearest animal confinement building or wastewater storage structure to the adjoining property line.

1. 3. The construction permit applicant

shall submit to the department proof the above notification has been sent. An acceptable form of proof includes copies of mail delivery confirmation receipts, return receipts, or other similar documentation.

1. 4. All concentrated animal feeding oper-

ations shall submit, as part of the construction or operating permit application, an aerial and a topographic map of the production area. The maps shall show the operation layout, buffer distances, property lines, and property owners within one and one-half (1 1/2) times the buffer distance.

1. 5. The neighbor notice will expire if a

construction permit application has not been received by the department within twelve (12) months of initiating the neighbor notice requirements.

1. (D) Inspections. This subsection pertains to all CAFO operating permits.

   1. 1. Permits shall require the following

minimum visual inspections at the production area:

1. A. Weekly inspections of all storm

water diversion devices, runoff diversion structures, and devices channeling contaminated storm water to the process wastewater storage;

1. B. Daily inspection of water lines,

including wastewater, drinking water, and cooling water lines that can be visually observed within the production area. The inspection of the drinking water and cooling water lines shall be limited to the lines that possess the ability to leak or drain to wastewater storage structures or may come in contact with any process waste;

1. C. Weekly inspections of the manure,

litter, and process wastewater impoundments. The inspection will note the level in liquid impoundments as indicated by the depth marker; and

1. D. Periodically conduct leak inspec-

tions on equipment used for land application of manure or process wastewater.

1. 2. Permits shall require the following

minimum visual inspections at the land application area:

1. A. Monitoring of the perimeter of the

application fields to ensure that applied wastewater does not run off the fields where applied;

1. B. Monitor for drifting from spray

irrigation; and

1. C. Hourly inspections of aboveground

irrigation pipelines when in use.

1. 3. Permits shall require that any defi-

ciencies found as a result of inspections be corrected as soon as possible.

1. (E) Record Keeping. This section pertains to all CAFO operating permits. All records required by this section shall be made available to the department upon request.

   1. 1. Permits shall require that the permit-

tee maintain the following records for the production area for a period of five (5) years from the date they are created:

1. A. A copy of construction and operat-

ing permits, permit applications, and the nutrient management plan;

1. B. A once-per-week record docu-

menting the daily visual inspections performed as required in 10 CSR 20- 6.300(3)(D) above;

1. C. Weekly records of the depth of the

manure and process wastewater in the liquid impoundments as indicated by the depth marker;

1. D. Records documenting any actions

taken to correct deficiencies. Deficiencies not corrected within thirty (30) days shall be accompanied by an explanation of the factors preventing immediate correction;

1. E. Records of mortalities manage-

ment and practices used by the operation which verify compliance with 10 CSR 20- 6.300(3)(A)5. above;

1. F. Records of the date, time, and esti-

mated volume of any overflow; and

1. G. Records of the date, recipient

name and address, and approximate amount of manure, litter, or process wastewater transferred to another person.

1. 2. Permits shall require that the permit-

tee maintain the following records for the land application area for a period of five (5) years from the date they are created:

1. A. Expected crop yields;
2. B. The date(s) manure, litter, or pro-

cess wastewater is applied to each field;

1. C. Weather conditions at time of

application and for twenty-four (24) hours prior to and following application;

1. D. Test methods used to sample and

analyze manure, litter, process wastewater, and soil;

1. E. Results from manure, litter, pro-

cess wastewater, and soil sampling;

1. F. Explanation of the basis for deter-

mining manure application rates, as provided in the technical standards;

1. G. Calculations showing the total

nitrogen and phosphorus to be applied to each field, including sources other than manure, litter, or process wastewater;

1. H. Total amount of nitrogen and phos-

phorus actually applied to each field, including documentation of calculations for the total amount applied;

1. I. The method used to apply the

manure, litter, or process wastewater; and

1. J. Date(s) of manure application

equipment inspection.

1. (F) Annual Reports. This section pertains to NPDES operating permits.

   1. 1. NPDES Permits shall require the sub-

mission of an annual report that includes:

1. A. The number and type of animals

confined at the operation;

1. B. Estimated amount of total manure,

litter, and process wastewater generated by the operation in the previous twelve (12) months;

1. C. Estimated amount of total manure,

litter, and process wastewater transferred to other persons by the operation in the previous twelve (12) months;

1. D. Total number of acres for land

application covered by the nutrient management plan;

1. E. Total number of acres under con-

trol of the operation that were used for land application of manure, litter, and process wastewater in the previous twelve (12) months;

1. F. Summary of all manure, litter, and

process wastewater discharges from the production area to waters of the state that have occurred in the previous twelve (12) months, including date, time, and approximate volume; and

1. G. A statement indicating whether the

current version of the CAFO’s nutrient management plan was developed or approved by a certified nutrient management planner.

1. (G) Best Management Practices (BMPs)— Each CAFO subject to this section that land applies manure, litter, or process wastewater must do so in accordance with the following practices:

   1. 1. Nutrient management plan. Permits

shall require a nutrient management plan be developed and implemented according to the requirements of 10 CSR 20-6.300(5). The plan must also incorporate the requirements of paragraph (3)(G)2. below. New CAFOs that apply for a construction permit must develop and submit a nutrient management plan with the construction permit application, unless otherwise stipulated by the department. The CAFO must begin implementation of the plan upon the date of operating permit coverage; and

1. 2. Manure, litter, and process wastewa-

ter applied to the land application area must minimize phosphorus and nitrogen transport from the field to surface waters in compliance with the Missouri Concentrated Animal Feeding Operation Nutrient Management Technical Standard (NMTS) approved by the Clean Water Commission on March 4, 2009, in accordance with 40 CFR 123.36, as published by the Missouri Department of Natural Resources, Division of Environmental Quality, Water Protection Program, PO Box 176, Jefferson City, MO 65102-0176, which is hereby incorporated by reference into this rule without any later amendments or additions, or an alternative but equally protective standard subsequently approved by the department that includes, but is not limited to, the following:

1. A. Include a field-specific assessment

of the potential for phosphorus transport from the field to surface waters and address the form, source, amount, timing, and method of application of nutrients on each field to achieve realistic production goals, while minimizing nitrogen and phosphorus movement to surface waters;

1. B. Include appropriate flexibilities for

any CAFO to implement nutrient management practices to comply with the technical standards, including consideration of multiyear phosphorus application on fields that do not have a high potential for phosphorus runoff to surface water, phased implementation of phosphorus-based nutrient management, and other components, as determined appropriate by the department;

1. C. Require that manure be analyzed a

minimum of once annually for nitrogen and phosphorus content, and soil be analyzed a minimum of once every five (5) years for phosphorus content. The results of these analyses are to be used in determining application rates for manure, litter, and other process wastewater;

1. D. Include conditions that will ensure

manure, litter, and process wastewater applications are conducted in a manner that prevents surface runoff of process wastewater beyond the edge of the field. Such measures will include, but not be limited to, restricting the timing, soil conditions, and placement of manure during land application; and

1. E. Include appropriate land applica-

tion setbacks that at a minimum require manure, litter, and process wastewater be land applied not closer than one hundred feet (100') from any down-gradient surface waters, open tile line intake structures, sinkholes, agricultural well heads, or other conduits to surface waters unless the operation complies with one (1) of the following compliance alternatives:

1. (I) For surface and subsurface

applications, a setback consisting of a thirtyfive foot- (35'-) wide vegetated buffer where applications of manure, litter, or process wastewater are prohibited; or

1. (II) The CAFO demonstrates that a

setback or buffer is not necessary because implementation of alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions that would be achieved by the one hundred foot (100') setback.

1. (H) Class IA Requirements. This section pertains to Class IA CAFOs only.

   1. 1. The owner or operator of any Class

IA concentrated animal feeding operation with a wet handling system which also utilizes a flush system shall employ one (1) or more persons who shall visually inspect the wet handling system. Visual inspections shall be made at least every twelve (12) hours with 10 CSR 20-6

a deviation from the twelve- (12-) hour requirement not to exceed three (3) hours. The inspections shall focus on the structural integrity of the collection system and containment structures along with any unauthorized discharges from the flush and wet handling systems. Records shall be maintained by the facility for a minimum of three (3) years on forms approved by the department.

1. 2. Any unauthorized discharges that

cross the property line of the facility, or enter the waters of the state from a Class IA concentrated animal feeding operation with a wet handling system that also utilizes a flush system, shall be reported to the department and to all adjoining property owners of the facility within twenty-four (24) hours.

1. 3. Class IA concentrated animal feeding

operation with a wet handling system which also utilizes a flush system shall receive at least one (1) on-site inspection by the department each quarter.

1. 4. All Class IA concentrated animal

feeding operations with a wet handling system which also utilizes a flush system shall have a secondary containment structure(s) or earthen dam(s). The containment structure(s) or earthen dam(s) shall be sized to contain a minimum volume equal to the maximum capacity of flushing in any twenty-four- (24-) hour period from all gravity outfall lines, recycle pump stations, and recycle force mains.

1. 5. All Class IA concentrated animal

feeding operations with a wet handling system which also utilizes a flush system shall have an electronic or mechanical shut-off in the event of pipe stoppage or backflow. For new facilities, the shut-off shall be included as part of the construction permit application.

1. 6. Class IA concentrated animal feeding

operations (both new and those operations that wish to expand to Class IA size) are prohibited from the watersheds of the Current, Jacks Fork, and Eleven Point Rivers as described in 10 CSR 20-6.300(1)(B)9.D.

1. (4) Design Standards and Effluent Limitations.

   1. (A) Effluent Limitations Applicable to All Class I CAFOs.

      1. 1. New and expanding CAFOs that

apply for a construction permit after the effective date of 10 CSR 20-8.300 shall have manure, litter, and process wastewater management systems designed and constructed in accordance with the CAFO manure storage design standard rule 10 CSR 20-8.300.

1. 2. Effluent limits for subsurface waters

shall be in accordance with 10 CSR 20- 7.015(7)(E).

1. 3. For NPDES permits only—CAFOs

shall comply with effluent limitations as set forth in 40 CFR Part 412, Subpart A through Subpart D, July 1, 2009, without any later amendments or additions, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, which are hereby incorporated by reference.

1. 4. There shall be no discharge of

manure, litter, or process wastewater to waters of the state from a CAFO as a result of the land application of manure, litter, or process wastewater to land application areas under the operational control of the CAFO, except where it is an agricultural storm water discharge. When manure, litter, or process wastewater has been land applied in accordance with subsection (3)(G) of this rule, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of the CAFO is considered to be an agricultural storm water discharge.

1. 5. A chronic weather event is a series of

wet weather events and conditions that can delay planting, harvesting, and prevent land application and dewatering practices at wastewater storage structures. When wastewater storage structures are in danger of an overflow due to a chronic weather event, CAFO owners shall take reasonable steps to lower the liquid level in the structure through land application, or other suitable means, to prevent overflow from the storage structure. Reasonable steps may include, but are not limited to, following the department’s current guidance on “Wet Weather Management Practices for CAFOs.” These practices shall be designed specifically to protect water quality during wet weather periods. The University of Missouri’s Missouri Climate Center will determine, within a reasonable time frame, when a chronic weather event is occurring for any given county in Missouri. The Missouri Climate Center’s determination will be based upon an evaluation of the onein-ten (1-in-10) year return rainfall frequency over a ten- (10-) day, one hundred twenty- (120-) day, and three hundred sixty-five- (365-) day operating period.

1. (B) Additional Limitations for State No- Discharge Permits at Class I CAFOs. A state no-discharge permit will serve as a CAFO “No-Discharge Certification” in accordance with 40 CFR 122.23(i).

   1. 1. There shall be no discharge of

manure, litter, or process wastewater into surface waters of the state from the production area.

1. 2. If at any time a CAFO’s waste man-

agement system is found to be discharging, the department may revoke the CAFO’s nodischarge permit and require the CAFO to seek coverage under a NPDES permit.

1. 3. If a discharge occurs at a CAFO with

a state no-discharge permit, the owner or operator must submit to the department for review and approval the following documentation: a description of the discharge, including the date, time, cause, duration, and approximate volume of the discharge, and a detailed explanation of the steps taken by the CAFO to permanently address the cause of the discharge that will ensure that a discharge from this cause does not occur in the future.

1. 4. When a discharge occurs at a CAFO,

the CAFO will be allowed to maintain coverage under the no-discharge permit when the following two (2) conditions are met:

1. A. The department determines that

the specific cause has been appropriately corrected so that the CAFO does not discharge; and

1. B. The CAFO has not had two (2) dis-

charges at a given site for the same cause in any five- (5-) year period.

1. 5. If a CAFO has two (2) separate dis-

charge events brought about by the same cause, the department may terminate the nodischarge permit in which case the CAFO will be required to seek coverage under a NPDES permit.

1. 6. In accordance with 40 CFR

122.24(j), when a discharge occurs at a CAFO, the CAFO will not be in violation of the requirement to seek NPDES permit coverage so long as the CAFO has operated and maintained the CAFO in compliance with the permit.

1. (C) Effluent Limitations Applicable to Class II and Smaller Sized AFOs. When a Class II or smaller sized AFO is designated as a CAFO by the department, the specific effluent limitations will be based upon the department’s best professional judgment, but shall not be more stringent than those for Class I CAFOs.

1. (5) Nutrient Management Plans—In accordance with paragraph (3)(G)1. of this rule, permits shall require the development and implementation of a nutrient management plan. A portion of a CAFO’s nutrient management plan includes the engineering design and construction-related documents within a CAFO’s construction and operating permit application. The plan also includes annual reports and updates submitted to the department. The plan must comply with the requirements found within the Nutrient Management Technical Standard which will satisfy the criteria in subsections (G), (H), and (I) below. The plan must, at a minimum, address the following areas:

   1. (A) Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities;
   2. (B) Ensure proper management of mortalities (i.e., dead animals) to ensure that they are not disposed of in a liquid manure, storm water, or process wastewater storage or treatment system that is not specifically designed to treat animal mortalities;
   3. (C) Ensure that clean water is diverted, as appropriate, from the production area. NMPs shall include, as necessary, controls, measures, or BMPs to properly manage storm water runoff at the operation. This would apply only to activities in or around the land application or production area that is under the control of the CAFO owner or operator, whether it is owned, rented, or leased. Examples of such activities could include winter feeding areas, stockpiling of manure and raw materials, or any other regulated CAFO activity that will contribute pollutants to waters of the state;
   4. (D) Prevent direct contact of confined animals with waters of the state;
   5. (E) Ensure that chemicals and other contaminants handled within animal production facilities are not disposed of in any manure, litter, process wastewater, or storm water storage or treatment system unless specifically designed to treat such chemicals and other contaminants;
   6. (F) Identify appropriate site-specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to waters of the state;
   7. (G) Identify protocols for appropriate testing of manure, litter, process wastewater, and soil;
   8. (H) Establish protocols to land apply manure, litter, or process wastewater in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater; and
   9. (I) Identify specific records that will be maintained to document the implementation and management of the minimum elements described in subsections (A) through (H) of this section.

2. (6) Closure of Waste Storage Structures.

   1. (A) Facilities that cease operation, or plan to close lagoons and other waste storage structures, shall comply with the requirements in this section—

      1. 1. Class I concentrated animal feeding

operations which cease operation shall continue to maintain a valid operating permit or until all lagoons and waste storage structures are properly closed according to a closure plan approved by the department; and

1. 2. Other concentrated animal feeding

operations that cease operation shall either close the waste storage structures in accordance with the closure requirements in subsection (6)(B) of this rule or shall continue to maintain all storage structures so that there is not a discharge to waters of the state.

1. (B) Closure Requirements.

   1. 1. Lagoons and waste storage structures

shall be closed by removal and land application of all wastewater and sludge;

1. 2. The removed wastewater and sludge

shall be land applied at agricultural rates for fertilizer not to exceed the maximum nutrient utilization of the land application site and vegetation grown and shall be applied at controlled rates so that there will be no discharge to waters of the state; and

1. 3. After removal and proper land appli-

cation of wastewater and sludge, the earthen basins may be demolished by removing the berms, grading, and revegetation of the site so as to provide erosion control, or the basin may be left in place for future use as a farm pond or similar uses.

1. (7) Concentrated Animal Feeding Operation Indemnity Fund.

   1. (A) Class IA concentrated animal feeding operations utilizing flush systems shall pay an annual fee of ten cents (10¢) per animal unit to the department for deposit in the Concentrated Animal Feeding Operations Indemnity Fund.
   2. (B) The annual fee shall be based upon the animal unit permitted capacity of the facility.
   3. (C) The annual fee shall be collected each year for ten (10) years on the anniversary date of the operating permit. For facilities permitted after June 25, 1996, the annual fee shall commence on the first anniversary of the operating permit. The annual fee for facilities permitted prior to June 25, 1996, shall commence on the first full year anniversary of the permit following June 25, 1996.
   4. (D) In the event the department determines that a Class IA facility has been successfully closed by the owner or operator, all monies paid by such operations into the Concentrated Animal Feeding Operation Indemnity Fund shall be returned to the operation. In no event, however, shall this refund exceed the unencumbered balance in the Concentrated Animal Feeding Operation Indemnity Fund.
   5. (E) The fees referenced in section (7) shall be paid by a check or money order and made payable to the State of Missouri, Concentrated Animal Feeding Operation Indemnity Fund. In the event a check used for the payment of operating fees is returned to the 10 CSR 20-6

department marked insufficient funds, the person forwarding the check shall be given fifteen (15) days to correct the insufficiency.

1. (F) Fees shall be submitted to Department of Natural Resources, Water Pollution Control Program, Permit Section, PO Box 176, Jefferson City, MO 65102.
2. (G) Each payment shall identify the following: state operating permit number, payment period, and permittee’s name and address. Persons who own or operate more than one (1) operation may submit one (1) check to cover all annual fees, but are responsible for submitting the appropriate information to allow proper credit for each permit file account.
3. (H) Annual fees are the responsibility of the permittee. Failure to receive a billing notice is not an excuse for failure to remit the fees.

AUTHORITY: sections 640.710 and 644.026, RSMo 2000.* Original rule filed June 1, 1995, effective Jan. 30, 1996. Amended: Filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed July 9, 1998, effective March 30, 1999. Amended: Filed May 12, 2008, effective Feb. 28, 2009. Amended: Filed July 14, 2011, effective April 30, 2012.

*Original authority: 640.710, RSMo 1996 and 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000.