TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subpart C. PROTECTION OF NATURAL RESOURCES

ARTICLE II. WATER RESOURCES

CHAPTER 91. GENERAL PROVISIONS

GENERAL

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AGRICULTURAL OPERATIONS-THE MANAGEMENT AND USE OF FARMING RESOURCES FOR THE PRODUCTION OF CROPS, LIVESTOCK OR POULTRY AS DEFINED IN SECTION 3 OF THE NUTRIENT MANAGEMENT ACT (3 P.S. §1703).

ANIMAL EQUIVALENT UNIT-ONE THOUSAND POUNDS LIVE WEIGHT OF LIVESTOCK OR POULTRY ANIMALS, REGARDLESS OF THE ACTUAL NUMBER OF INDIVIDUAL ANIMALS COMPRISING THE UNIT, AS DEFINED IN SECTION 3 OF THE NUTRIENT MANAGEMENT ACT (3 P.S. §1703).

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§91.35. Wastewater impoundments.

(a) Except as otherwise provided under subsections (c), [and] (d) AND (e), a person may not operate, maintain or use or permit the operation, maintenance or use of a wastewater impoundment for the production, processing, storage, treatment or disposal of pollutants unless the wastewater impoundment is structurally sound, impermeable, protected from unauthorized acts of third parties, and is maintained so that a freeboard of at least 2 feet remains at all times. The person owning, operating or possessing a wastewater impoundment shall have the burden of satisfying the Department that the wastewater impoundment complies with these requirements.

(b) A person owning, operating or in possession of an existing wastewater impoundment containing pollutants, or intending to construct or use a wastewater impoundment, shall promptly submit to the Department a report or plan setting forth the location, size, construction and contents of the wastewater impoundment and other information as the Department may require.

(c) Except when a wastewater impoundment is already approved under an existing permit from the Department, a permit from the Department is required approving the location, construction, use, operation and maintenance of a wastewater impoundment subject to subsection (a) in the following cases:

(1) If a variance is requested from the requirements in subsection (a).

(2) If the capacity of one wastewater impoundment or of two or more interconnected wastewater impoundments exceeds 250,000 gallons.

(3) If the total capacity of polluting substances contained in wastewater impoundments on one tract or related tracts of land exceeds 500,000 gallons.

(4) If the Department determines that a permit is necessary for effective regulation to insure that pollution will not result from the use, operation or maintenance of the wastewater impoundment.

(d) AN AGRICULTURAL OPERATION WHICH CONTAINS LESS THAN 1,001 ANIMAL EQUIVALENT UNITS SHALL PROVIDE A 12-INCH FREEBOARD FOR ALL WASTE STORAGE PONDS AND A 6-INCH FREEBOARD FOR ALL WASTE STORAGE STRUCTURES.

[(d)] (e) This section does not apply to residual waste processing, disposal, treatment, collection, storage or transportation.

§91.36. Pollution control and prevention at agricultural operations.

(a) Animal manure storage facilities. except as provided in paragraphs (1) and (2), [a]animal manure storage facilities do not require a permit from the Department if the design and operation of the storage facilities are in accordance with the Department approved manure management practices as described in the publication entitled "manure management for environmental protection" and addenda or amendments thereto prepared by the Department and "the pennylvania technical guide" and addenda or amendments to those publications. a registered professional engineer certifies that the design and construction of each manure storage facility is consistent with the "pennsylvania technical guide" and each manure storage facility is designed to prevent any discharges to surface waters during a storm event of less than a 25-year/24-hour storm.

(1) A PERMIT SHALL BE REQUIRED UNDER §91.35 FOR THE DESIGN, CONSTRUCTION AND OPERATION OF ANY NEW OR EXPANDED ANIMAL MANURE STORAGE FACILITY AT A FARMING OPERATION WITH MORE THAN 1,000 ANIMAL EQUIVALENT UNITS (AEUS). AEUS SHALL BE CALCULATED IN ACCORDANCE WITH 25 PA. CODE CHAPTER 83. IN ADDITION TO THE REQUIREMENTS OF §91.35, THE PERMIT SHALL INCORPORATE THE REQUIREMENTS OF THIS SECTION 91.36.

(2) If a person chooses to design or construct manure storage facilities using criteria other than those described in "manure management for environmental protection" prepared by the department or the "pennsylvania technical guide" and addenda or amendments [thereto] to those publications [prepared by the Department], approval of the Department or a permit under §91.35 (relating to wastewater impoundments) will be required. Operations which are required to or volunteer to submit nutrient management plans shall comply with the nutrient management regulations in Chapter 83 (relating to State Conservation Commission).

(b) Land application of animal manure. The land application of animal manures does not require a permit from the Department if the [design and operation of the] land application of manure is [system are] in accordance with the Department approved manure management practices as described in the publication entitled "Manure Management for Environmental Protection" and addenda or amendments thereto prepared by the Department. If a person chooses to [design or construct a] land [application system] apply animal manure using criteria other than those described in "Manure Management for Environmental Protection" and addenda or amendments thereto prepared by the Department, approval of the Department or a permit will be required. Operations which are required to or volunteer to submit nutrient management plans shall comply with Chapter 83.

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