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:

  1. "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.
  2. "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.
  3. "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:

  1. Limit application of the fertilizer so that it meets projected crop plant needs;
  2. Time application of the fertilizer to coincide to maximum crop plant uptake;
  3. Apply the fertilizer by a method designed to deliver nitrogen to the area of maximum crop plant uptake;
  4. Manage and time application of irrigation water to minimize nitrogen loss by leach ing and runoff; and
  5. 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:

  1. 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;
  2. 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
  3. 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:

  1. Settle to form bottom deposits that inhibit or prohibit the habitation, growth, or propagation of aquatic life or that impair recreational uses;
  2. Cause objectionable odor in the area in which the surface water is located;
  3. Cause off-taste or odor in drinking water;
  4. Cause off-flavor in aquatic organisms or waterfowl;
  5. Are toxic to humans, animals, plants, or other organisms;
  6. 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;
  7. Cause or contribute to a violation of an aquifer water quality standard prescribed in R18-11-405 or R18-11-406; or
  8. 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


Acronyms and selected definitions


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