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Information Sheet IS-16 Reissued Waste Discharge Requirements General Order R5-2013-0122 Existing Milk Cow Dairies Unlike most other groundwater-related components of a dairy's waste management strategy, Nutrient Management Plans have received a significant amount of attention from the USEPA. This is because precipitation-related discharges from land application areas are considered agricultural storm water discharges, and are therefore not subject to the federal Clean Water Act's CAFO regulations. However, this exemption applies only when the "...manure, litter, or process wastewater [at the land application area] has been applied in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater..." (40 C.F.R. §122.23.) Therefore, the USEPA has taken a close interest in the "site specific nutrient management practices" for application of waste from large concentrated animal feeding operations to land application areas. The Dairy General Order mandates that dairies employ the management practices required by Title 40 Code of Federal Regulations Section 122.42(e)(1)(vi)-(ix). Because the Dairy General Order requires compliance with the federal CAFO regulatory requirements, precipitation-related discharges from land application areas at facilities operating in compliance with this Order are considered agricultural storm water discharges. And since they are consistent with USEPA's "best practicable control technology," the technical standards for nutrient management represent BPTC for the purposes of compliance with the State Anti- Degradation Policy. In addition, the Dairy General Order requires dairies who utilize tile drain systems to identify their location and discharge point(s) and to monitor discharges from these systems. The Dairy General Order also specifies well and surface water setbacks and requires certification of backflow prevention for all irrigation wells (Standard Provisions 18 and Attachment B. VI [Waste Management Plan for the Production Area for Existing Milk Cow Dairies]). Additionally, the Dairy General Order's Land Application Specifications contains additional requirements regarding waste infiltration and soil moisture capacity limits for waste application. Pond Requirements: Generally The Dairy General Order includes requirements that all ponds must be verified by an engineer to have adequate capacity and structural integrity to hold generated process water and precipitation. All ponds must be managed and maintained to prevent breeding of mosquitoes and other vectors. Ponds shall not have small coves and irregularities around the perimeter of the water surface. Weeds shall be minimized in all ponds through control of water depth, harvesting, or other appropriate method, and dead algae, vegetation, and debris shall not be allowed to accumulate on the water surface. These measures are required elements of a BPTC program for all ponds, whether they are already existing ponds or whether they are new or expanded ponds. Best Practicable Treatment or Control Measures for New or Expanded Ponds Three counties in the Central Valley Region, many other states, and the Natural Resources Conservation Service have pond design requirements that are more stringent than is required by Title 27 (see Table 1 at the end of this Information Sheet). For new or expanded ponds, the Board considers these more stringent design standards to be BPTC.