9VAC25-630-70. Tracking and accounting requirements for poultry waste end-users.
A. When a poultry waste end-user is the recipient of more than 10 tons of poultry waste in any 365-day period, the end-user shall maintain records regarding the transfer and land application of poultry waste.
1. The poultry waste end-user shall provide the permitted poultry grower or poultry waste broker with the following items:
a. End-user name and address;
b. The locality in which the end-user intends to utilize the waste (i.e., nearest town or city, county, and zip code);
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
d. Written acknowledgement of receipt of:
(1) The waste;
(2) The nutrient analysis of the waste; and
(3) A fact sheet.
2. The poultry waste end-user shall record the following items regarding the waste transfer:
a. The source name, address, and permit number (if applicable);
b. The amount of poultry waste that was received;
c. The date of the transaction;
d. The final use of the poultry waste;
e. The locality in which the waste was utilized (i.e., nearest town or city, county, and zip code);
f. The name of the stream or waterbody if known to the recipient that is nearest to the waste utilization or storage site; and
g. The method used to determine the land application rates (i.e., phosphorus crop removal, standard rate, soil test recommendations, or a nutrient management plan).
End-users shall maintain the records required by subdivisions A 1 and A 2 of this section on site for a period of three years after the transaction. All records shall be made available to department personnel upon request.
3. Reporting requirements. End-users shall submit the records required by subdivisions A 1 and A 2 of this section in accordance with the timing outlined in subdivisions 3 a and 3 b of this subsection.
a. Beginning February 17, 2022, and continuing through February 17, 2023, upon request by the department, the end-user shall submit the records in a format and method determined by the department; and
b. Beginning February 17, 2024, the end-user shall submit to the department, annually, the records for the preceding state fiscal year (July 1 through June 30) no later than September 15.
4. If waste is land applied, the poultry waste end-user shall keep a record of the following items regarding the land application of the waste:
a. The nutrient analysis of the waste;
b. Maps indicating the poultry waste land application fields and storage sites;
c. The land application rate;
d. The land application dates;
e. What crops were planted;
f. Soil test results, if obtained; and
g. NMP, if applicable.
End-users shall maintain the records required by this subdivision 4 on site for a period of three years after the recorded application is made. All records shall be made available to department personnel upon request.
B. Any duly authorized agent of the board 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 and 62.1-44.17:1.1 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 6, eff. January 1, 2010; amended, Virginia Register Volume 37, Issue 11, eff. February 17, 2021.