| Water Quality and Animal
Feeding Operations in Arizona: A Producer's Notebook
Water
Quality Laws and Rules for Arizona
www.adeq.state.az.us
Arizona Administrative Code (A.A.C.). Title
18. Chapter 9.
ARTICLE 4. AGRICULTURAL GENERAL PERMITS
A.A.C. R18-9-401. Definitions
In addition to the definitions established
in A.R.S. § § 49-101 and 49-201, the following terms apply to this
Article:
- "Application of nitrogen fertilizer"
means any use of a substance containing nitrogen for the commercial
production of crop plants. The commercial production of crop plants
includes commercial sod farms and nurseries.
- "Crop plant needs" means the
amount of water and nitrogen required to meet the physiological
demands of the crop plant to achieve a defined yield.
- "Crop plant uptake" means the
amount of water and nitrogen that can be physiologically absorbed
by the roots and vegetative parts of a crop plant following the
application of water.
A.A.C. R18-9-402. Agricultural General
Permits: Nitrogen Fertilizers
A person who engages in the application of
a nitrogen fertilizer and is issued an agricultural general permit
shall comply with the following agricultural best management practices:
- Limit application of the fertilizer so
that it meets projected crop plant needs;
- Time application of the fertilizer to coincide
to maximum crop plant uptake;
- Apply the fertilizer by a method designed
to deliver nitrogen to the area of maximum crop plant uptake;
- Manage and time application of irrigation
water to minimize nitrogen loss by leach ing and runoff; and
- Use tillage practices that maximize water
and nitrogen uptake by crop plants.
A.A.C. R18-9-403. Agricultural General
Permits: Concentrated Animal Feeding Operations
A person who engages in or operates a concentrated
animal feeding operation and is issued an agricultural general permit
shall comply with the following agricultural best management practices:
- Harvest, stockpile, and dispose of animal
manure from a concentrated animal feeding operation to minimize
discharge of any nitrogen pollutant by leaching and run off;
- Control and dispose of nitrogen contaminated
water resulting from an activity associated with a concentrated
animal feeding operation, up to a 25-year, 24-hour storm event
equivalent, to minimize the discharge of any nitrogen pollutant;
and
- Close facilities in a manner that will
minimize the discharge of any nitrogen pollutant.
Arizona Revised Statutes (A.R.S.)
A.R.S. 49-203.B.1 and 49-247: Gives
Authority to ADEQ to conduct inspections at livestock operations
and develop a permit and associated BMPs, respectively.
A.R.S. 49-241.B.1. Addresses discharges
to the aquifer or vadose zone:
B. Unless exempted under section 49-250, or unless the director
determines that the facility will be designed, constructed and operated
so that there will be no migration of pollutants directly to the
aquifer or to the vadose zone, the following are considered to be
discharging facilities and shall be operated pursuant to either
an individual permit or a general permit, including agricultural
general permits, under this article:
1. Surface impoundments including holding,
storage settling, treatment or disposal pits, ponds and lagoons.
9. Point source discharges to navigable waters.
(Items 2-8 and 10-11 address issues related to mining or wastewater
treatment plants and therefore are not relevant.)
A.R.S. 49-141. Addresses environmental
nuisances:
A. The director may take action under this section to abate environmental
nuisances. As used in this section, an environmental nuisance is
the creation or maintenance of a condition in the soil, air or water
that causes or threatens to cause harm to the public health or the
environment and that is not otherwise subject to regulation under
this title. Subject to this limitation, the following conditions
may constitute environmental nuisances:
1. A condition or place in populous areas
which constitutes a breeding place for flies, rodents, mosquitoes
and other insects which are capable of carrying and transmitting
disease-causing organisms to any person or persons.
In case of a discharge, the following
regulations from Arizona Administrative Code, Title 18, Chapter
11 may apply:
For Surface Water:
A.A.C. R18-11-108. Narrative Water Quality
Standards
A. A surface water shall be free from pollutants in amounts or combinations
that:
- Settle to form bottom deposits that inhibit
or prohibit the habitation, growth, or propagation of aquatic
life or that impair recreational uses;
- Cause objectionable odor in the area in
which the surface water is located;
- Cause off-taste or odor in drinking water;
- Cause off-flavor in aquatic organisms or
waterfowl;
- Are toxic to humans, animals, plants, or
other organisms;
- Cause the growth of algae or aquatic plants
that inhibit or prohibit the habitation, growth, or propagation
of other aquatic life or that impair recreational uses;
- Cause or contribute to a violation of an
aquifer water quality standard prescribed in R18-11-405 or R18-11-406;
or
- Change the color of the surface water from
natural background levels of color.
B. A surface water shall be free from oil,
grease, and other pollutants that float as debris, foam, or scum;
or that cause a film or iridescent appearance on the surface of
the water; or that cause a deposit on a shoreline, bank, or aquatic
vegetation. The discharge of lubricating oil or gasoline associated
with the normal operation of a recreational watercraft shall not
be considered a violation of this narrative standard.
A.R.S. R18-11-109. Numeric Water Quality Standards
A. The water quality standards prescribed in this Section and in Appendix
A apply to surface waters listed in Appendix B and their tributaries.
Additional numeric water quality standards for unique waters are prescribed
in R18-11-112. To see the quantitative standards outlined in this
section, see: http://www.sosaz.com/public_services/
After The Inspection
After your inspection, you will receive an
inspection report which may include recommendations, a Notice of
Opportunity to Correct (NOC), or a Notice of Violation (NOV).
An NOC is issued for minor violations and
offers a chance to correct with no penalties. If the violation
is not corrected within the required time frame, an NOV will be
issued. An NOV is issued for significant violations and compliance
must be reached within the required time frame, generally four months.
After you receive the inspection results you
may call the ADEQ inspector for clarification. In the event of an
NOC, you may contact your local NRCS office for technical assistance.
Copies of both an NOC and an NOV follow.
Page updated 7/02
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