1. A. When an animal waste end-user is the recipient of more than 10 tons of solid or semi-solid animal waste (solid or semi-solid animal waste contains less than 85% moisture) or more than 6,000 gallons of liquid animal waste (liquid animal waste contains 85% percent or more moisture) in any 365-day period from an owner or operator of an animal feeding operation covered by a general permit, an individual VPA permit, or a VPDES permit, the end-user shall maintain records regarding the transfer and land application of animal waste.

   1. 1. The animal waste end-user shall provide the permittee with the following items:

      1. a. End-user's name and address;
      2. b. The locality in which the end-user intends to utilize the waste (i.e., nearest town or city and zip code);
      3. c. The name of the stream or waterbody, if known, to the end-user that is nearest to the waste utilization or storage site; and

      4. d. Written acknowledgment of receipt of:

         1. (1) The waste;
         2. (2) The nutrient analysis of the waste; and
         3. (3) An animal waste fact sheet.

   2. 2. The animal waste end-user shall record the following items regarding the waste transfer:

      1. a. The source's name, address, and permit number (if applicable);
      2. b. The amount of animal waste that was received;
      3. c. The date of the transaction;
      4. d. The final use of the animal waste;
      5. e. The locality in which the waste was utilized (i.e., nearest town or city and zip code); and

      6. f. The name of the stream or waterbody, if known, to the recipient that is nearest to the waste utilization or storage site.

         Records regarding animal waste transfers shall be maintained on site for a period of three years after the date of the transaction. All records shall be made available to department personnel upon request.

   3. 3. If waste is land applied, then the animal waste end-user shall keep a record of the following items regarding the land application of the waste:

      1. a. The nutrient analysis of the waste;
      2. b. Maps indicating the animal waste land application fields and storage sites;
      3. c. The land application rate;
      4. d. The land application dates;
      5. e. What crops were planted;
      6. f. Soil test results, if obtained;
      7. g. NMP, if applicable; and

      8. h. The method used to determine the land application rates (i.e., phosphorus crop removal, waste nutrient analysis rate, soil test recommendations, or a nutrient management plan).

         Records regarding land application of animal waste shall be maintained on site for a period of three years after the date the application is made. All records shall be made available to department personnel upon request.

2. B. Any duly authorized agent of the department may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this regulation.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 30, Issue 18, eff. November 16, 2014; amended, Virginia Register Volume 40, Issue 26, eff. November 16, 2024.