                                 CODE OF VIRGINIA

POULTRY WASTE MANAGEMENT PROGRAM (§ 62.1-44.17:1.1)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Commercial poultry processor&#8221; means any animal food
manufacturer, as defined in &#xA7; 3.2-5400, that contracts with poultry growers
for the raising of poultry.
			&#8220;Confined poultry feeding operation&#8221; means any confined animal
feeding operation with 200 or more animal units of poultry.
			&#8220;Nutrient management plan&#8221; means a plan developed or approved by
the Department of Conservation and Recreation that requires proper storage,
treatment and management of poultry waste, including dry litter, and limits
accumulation of excess nutrients in soils and leaching or discharge of nutrients
into state waters.
			&#8220;Poultry grower&#8221; means any person who owns or operates a confined
poultry feeding operation.

B. The Board shall develop a regulatory program governing the storage, treatment
and management of poultry waste, including dry litter, that:

   1. Requires the development and implementation of nutrient management plans
   for any person owning or operating a confined poultry feeding operation;

   2. Provides for waste tracking and accounting; and

   3. Ensures proper storage of waste consistent with the terms and provisions of
   a nutrient management plan.

C. The program shall include, at a minimum:

   1. Provisions for permitting confined poultry feeding operations under a
   general permit; however, the Board may require an individual permit upon
   determining that an operation is in violation of the program developed under
   this section;

   2. Provisions requiring that:
   				a. Nitrogen application rates contained in nutrient management plans
   developed pursuant to this section shall not exceed crop nutrient needs as
   determined by the Department of Conservation and Recreation. The application
   of poultry waste shall be managed to minimize runoff, leaching, and
   volatilization losses, and reduce adverse water quality impacts from nitrogen;
   				b. For all nutrient management plans developed pursuant to this section
   after October 1, 2001, phosphorous application rates shall not exceed the
   greater of crop nutrient needs or crop nutrient removal, as determined by the
   Department of Conservation and Recreation. The application of poultry waste
   shall be managed to minimize runoff and leaching and reduce adverse water
   quality impacts from phosphorus;
   				c. By December 31, 2005, the Department of Conservation and Recreation, in
   consultation with the Department of Environmental Quality, shall (i) complete
   an examination of current developments in scientific research and technology
   that shall include a review of land application of poultry waste, soil
   nutrient retention capacity, and water quality degradation and (ii) adopt and
   implement regulatory or other changes, if any, to its nutrient management plan
   program that it concludes are appropriate as a result of this examination; and
   				d. Notwithstanding subdivision 2 b, upon the effective date of the
   Department of Conservation and Recreation&#8217;s revised regulatory criteria
   and standards governing phosphorous application rates adopted pursuant to
   subdivision 2 c, or on October 31, 2005, whichever is later, phosphorous
   application rates for all nutrient management plans developed pursuant to this
   section shall conform solely to such regulatory criteria and standards adopted
   by the Department of Conservation and Recreation to protect water quality or
   to reduce soil concentrations of phosphorus or phosphorous loadings. The
   application of poultry waste shall be managed to minimize runoff and leaching
   and reduce adverse water quality impacts from phosphorus.

D. The program shall reflect Board consideration of existing state-approved
nutrient management plans and existing general permit programs for other
confined animal feeding operations, and may include such other provisions as the
Board determines appropriate for the protection of state waters.

E. After October 1, 2001, all persons owning or operating a confined poultry
feeding operation shall operate in compliance with the provisions of this
section and any regulations promulgated thereunder.

F. Any person violating this section shall be subject only to the provisions of
&#xA7;&#xA7; 62.1-44.23 and 62.1-44.32 (a), except that any civil penalty shall
not exceed $2,500 for any confined animal feeding operation covered by a
Virginia Pollution Abatement permit.

G. On or before January 1, 2000, or prior to commencing operations, each
commercial poultry processor operating in the Commonwealth shall file with the
Board a plan under which the processor, either directly or under contract with a
third party, shall:

   1. Provide technical assistance to the poultry growers with whom it contracts
   on the proper management and storage of poultry waste in accordance with best
   management practices;

   2. Provide education programs on poultry waste nutrient management for the
   poultry growers with whom it contracts as well as for poultry litter brokers
   and persons utilizing poultry waste;

   3. Provide a toll-free hotline and advertising program to assist poultry
   growers with excess amounts of poultry waste to make available such waste to
   persons in other areas who can use such waste as a fertilizer consistent with
   the provisions of subdivision C 2 or for other alternative purposes;

   4. Participate in the development of a poultry waste transportation and
   alternative use equal matching grant program between the Commonwealth and
   commercial poultry processors to (i) facilitate the transportation of excess
   poultry waste in the possession of poultry growers with whom it contracts to
   persons in other areas who can use such waste as a fertilizer consistent with
   the provisions of subdivision C 2 or for other alternative purposes and (ii)
   encourage alternative uses to land application of poultry waste;

   5. Conduct research on the reduction of phosphorus in poultry waste,
   innovative best management practices for poultry waste, water quality issues
   concerning poultry waste, or alternative uses of poultry waste; and

   6. Conduct research on and consider implementation of nutrient reduction
   strategies in the formulation of feed. Such nutrient reduction strategies may
   include the addition of phytase or other feed additives or modifications to
   reduce nutrients in poultry waste.

H. Any amendments to the plan required by subsection G shall be filed with the
Board before they are implemented. After January 1, 2000, each commercial
poultry processor shall implement its plan and any amendments thereto. Each
commercial poultry processor shall report annually to the Board on the
activities it has undertaken pursuant to its plan and any amendments thereto.
Failure to comply with the provisions of this section or to implement and follow
a filed plan or any amendments thereto shall constitute a violation of this
section.

HISTORY: 1999, c. 1; 2004, c. 455; 2005, c. 78.