Title 130 - Livestock Waste Control Regulations
Chapter 14 - PRODUCTION AREA AND NUTRIENT MANAGEMENT: PLAN REQUIREMENTS, FIELD ASSESSMENTS, AND PERFORMANCE STANDARDS
001 The production area plan shall include the following:
001.01 Scaled drawings, topographic maps, or equivalent. Each drawing or map shall be easily readable and include a visual scale, a north directional arrow, a fixed geographic reference point, a permanent bench mark or fixed elevation reference point, the date the drawing or map was completed, and show:
001.01A The spatial location and extent of the animal feeding operation and livestock waste control facilities, including the various components of the facility such as areas designated for stockpiling, composting, or for temporary holding of dead animals, and the area immediately adjacent;
001.01B The location and entire extent of any drainage area controlled or diverted by the operation including the area immediately adjacent to such area with the runoff flow directions indicated;
001.01C The source of the animal feeding operation's water supply, all other wells, and the location of any wetlands or surface water within the boundaries or immediately adjacent to the facility;
001.01D The topography or clearly defined runoff flow direction in and around the operation and facilities, except in the case of small or medium animal feeding operations, consisting of confined buildings with underfloor pits or nearby storage structures that are on or above grade. Cross-sectional drawings may substitute, at the Department’s discretion, for detailed topographic drawings or maps;
001.01E Details (such as size, dimensions, capacities, elevations, and materials) for all conveyance structures, for pipe inlets and outlets, pipe penetrations into or out of containment or conveyance structures, lift or pumping stations, liners, and for concrete (including expansion joint construction, reinforcement and joint construction, sealing details, and concrete specifications) and all other non-soil construction materials. A detailed table or figure with the capacities shown at the staff gauge levels specified in Chapter 8, which include capacities at one-foot increments, and critical pumpdown or lagoon treatment levels as appropriate; and
001.01F United States Geological Survey Quadrangle Map(s), or equivalent scaled topographic maps, showing the geographic location of the animal feeding operation and the area extending 2,000 feet from the operation, including the location of all known wells, surface water bodies, homesteads, and businesses that at the time of application lie within 2,000 feet of the facility;
001.02 A narrative description of the livestock waste control facilities and how they will function and operate;
001.03 Types of animals, the maximum animal capacity and the average animal weight for each animal type, and estimates of the amounts of manure, litter, and process wastewater produced;
001.04 Design calculations for sizing of conveyances and storage facilities;
001.05 Depth and volume tables on at least one-foot increments for all storage facilities, with operating depths clearly identified as needed to maintain facilities to comply with effluent limitations; to maintain minimum treatment volumes in lagoons; and to maintain sludge and sediment accumulations at reasonably manageable levels;
001.06 A plan for the proper handling and disposal of dead animals; and
001.07 A plan for the proper handling and disposal of chemicals.
002 The nutrient management plan, as required in Chapters 4 and 5, shall provide for the agronomic utilization of nitrogen from all sources, as well as the expected removal of nitrogen in the harvested plant biomass, and include a nutrient budget for nitrogen and phosphorus that:
002.01 Accounts for all sources of nutrients including, but not limited to, manure, litter, and process wastewater; commercial fertilizer; crop residues and previous legume crops; soil organic matter; available nutrients in the soil; and irrigation water;
002.02 Specifies the form, source, amount, timing, and method of application of nutrients on each field; and
002.03 Minimizes the movement of nitrogen to ground water and minimizes the movement of nitrogen and phosphorus to surface water.
003 The nutrient management plan shall, at a minimum, include the following:
003.01 For each field or field segment used for land application area:
003.01A The legal description and maps of planned waste application areas to be utilized by the operation;
003.01B A description of the field areas to be used including the number of useable acres, dominant soil type, cropping practices, historic yields with supporting documentation or published county average yields, a description of any setbacks or buffers, and use of the land by other animal feeding operations;
003.01C Maps or aerial photos which clearly show the location and extent of any surface water or wetlands within the boundaries of the field, as well as the location and extent of any surface water within 200 feet of the field;
003.01D For any areas not owned by the permittee or an owner or authorized representative of the operation, the landowner’s name, address, legal description, number of acres and an agreement, signed by the landowner, that clearly identifies the area (legal description and field acres) and allows for the agronomic application of manure, litter, or process wastewater to the land;
003.01E Waste sampling and analytic methods, land application area soil sampling procedures including sampling depths, soil analytic methods, land application methods to be used, and procedures and assumptions used to determine appropriate application rates and frequencies, which comply with these regulations; and
003.01F Record keeping of locations and quantities of livestock wastes and other sources of nutrients land applied, and soil and waste sampling and testing results; and for manure, litter or process wastewater transferred to other persons, the nutrient analysis results and the date, recipient name and address, and approximate amount transferred.
004 The nutrient management plan shall, at a minimum, provide for sampling and laboratory testing as follows:
004.01 Manure, litter, and process wastewater at least annually for nitrogen and phosphorus content;
004.02 Application site soils for nitrogen content before the initial application of manure, litter, or process wastewater, and then sample and analyze at least annually thereafter if used for application;
004.03 Application site soils for phosphorus content before the initial application of manure, litter, or process wastewater and then at least once every five years thereafter if used for application;
004.04 Irrigation water prior to initial use and at least once every five years thereafter for nitrogen; and
004.05 University of Nebraska guidelines for sampling and analysis may be used. The Department may approve alternate methods as appropriate.
005 The application rate of liquid containing manure, litter, or process wastewater that is applied through any irrigation system shall not exceed the intake rate of the soil such that runoff of the manure, litter, or process wastewater occurs. Total liquid application shall not exceed the field capacity of the soil.
006 The owner or operator is required to update the Department annually of any changes to the nutrient management plan as provided for in Chapters 4 and 5.
007 The owner or operator of a large concentrated animal feeding operation with a NPDES permit, construction and operating permit, operating permit, or construction approval is required to have a field phosphorus risk assessment conducted prior to initial land application of manure, litter, or process wastewater and then prior to subsequent applications if the risk value of any site category listed in Table 3 of Field Phosphorus Risk Assessment (Appendix E) has changed, but in no case less than once every five years. The assessment evaluates such factors as soil type, slope, crop residue, soil fertility, potential for erosion, and planned cropping practices for each field or field segment used for land application, to determine the potential for phosphorus transport from the field or field segment. The assessment shall be completed for each field or field segment using the form provided in Field Phosphorus Risk Assessment (Appendix E), which is based on a method developed by the United States Department of Agriculture Natural Resources Conservation Service, or by using a comparable field phosphorus risk assessment method and forms approved for use by the Department. The plan shall identify the phosphorus risk assessment used for each field or field segment. The planned application rates for manure, litter, or process wastewater shall be consistent with the risk assessment for each field, or field segment, as follows:
007.01 For a field or field segment where there is a low or medium risk of phosphorus movement from the field, a single year’s application of manure, litter, or process wastewater may be based on the expected annual available nitrogen from the waste and other sources;
007.02 For a field or field segment where there is a high risk of phosphorus movement from the field, the application of manure, litter, or process wastewater shall be kept at a rate equal to, or less than, the expected phosphorus removal in harvested plant biomass in a single crop year, or for a planned crop sequence of five years or less, that is equal to or less than the expected phosphorus removal in harvested plant biomass for the crop sequence. The application and other sources shall not exceed the expected annual available nitrogen use of the crop; and
007.03 For a field or field segment with a very high risk of phosphorus movement from the field, manure, litter, or process wastewater shall not be applied.
Enabling Legislation: Neb. Rev. Stat. §§81-504(10)(11),(12),(13),(20), (21); §81-1505(10)(11); §54-2416 to §54-2438
Legal Citation: Title 130, Ch. 14, Nebraska Department of Environmental Quality
Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186