S T A T E O F N E W Y O R K
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4111
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
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Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the soil and water conservation districts law, in
relation to establishing the livestock nutrient management program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article III and sections 13, 14, and 15 of the soil and
water conservation districts law are renumbered article V and sections
40, 41, and 42 and a new article III is added to read as follows:
ARTICLE III
LIVESTOCK NUTRIENT MANAGEMENT PROGRAM
SECTION 20. LEGISLATIVE FINDINGS AND DECLARATIONS.
21. DEFINITIONS.
22. CURRENT LIVESTOCK OPERATIONS.
23. NUTRIENT MANAGEMENT PROGRAM.
24. CONTENTS AND CRITERIA.
25. EFFECT OF PERMIT.
S 20. LEGISLATIVE FINDINGS AND DECLARATIONS. THE LEGISLATURE HEREBY
FINDS AND DECLARES THAT ADDITIONAL MEASURES TO ADDRESS THE PROBLEM OF
NON-POINT SOURCE WATER POLLUTION ARE NEEDED TO ACCOMPLISH THE GOALS OF
THE FEDERAL WATER POLLUTION CONTROL ACT (P1 92-500, TITLE I. SECTION
101) "TO RESTORE AND MAINTAIN THE CHEMICAL, PHYSICAL, AND BIOLOGICAL
INTEGRITY OF THE NATION'S WATERS". THE LEGISLATURE FURTHER FINDS THAT A
SIGNIFICANT PORTION OF NON-POINT SOURCE WATER POLLUTION IN NEW YORK IS A
RESULT OF RUNOFF OF EXCESS NUTRIENTS FROM CERTAIN FARMING PRACTICES. IT
IS THE PURPOSE OF THIS ARTICLE TO STEM THE FLOW OF EXCESS NUTRIENTS INTO
THE WATERS OF THE STATE BY REQUIRING THE DEVELOPMENT AND IMPLEMENTATION
OF NUTRIENT MANAGEMENT PLANS FOR FARMS THAT HANDLE LARGE AMOUNTS OF
ANIMAL MANURE.
S 21. DEFINITIONS. AS USED IN THIS ARTICLE, THE TERM:
1. "ANIMAL UNIT" MEANS ONE THOUSAND POUNDS OF LIVESTOCK.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07349-01-9
A. 4111 2
2. "BEST MANAGEMENT PRACTICES" MEANS THOSE GUIDELINES AND STANDARDS
OUTLINED IN THE CORNELL COOPERATIVE EXTENSION HANDBOOK ENTITLED "FIELD
CROPS AND SOILS HANDBOOK, CODE 125, CUFCHNBK" WHICH ADDRESS LIVESTOCK
MANURE MANAGEMENT.
3. "DISTRICT OFFICE" MEANS THE COUNTY DISTRICT OFFICE OF THE UNITED
STATES DEPARTMENT OF AGRICULTURE'S SOIL CONSERVATION SERVICE.
4. "LIVESTOCK" MEANS DAIRY CATTLE, BEEF CATTLE, SWINE, DUCK, HORSE,
TURKEY, AND CHICKEN.
5. "LIVESTOCK OPERATION" MEANS AN OWNER ENGAGED IN THE BUSINESS OF
RAISING LIVESTOCK WHERE ANIMAL POPULATIONS EXCEED ONE THOUSAND ANIMAL
UNITS.
6. "MANURE" MEANS LIVESTOCK EXCRETA WITH FEED, BEDDING, OR OTHER MATE-
RIALS.
7. "MANURE MANAGEMENT PERMIT" MEANS THE DOCUMENT ISSUED TO AN OWNER BY
THE DEPARTMENT WHICH AUTHORIZED THE OWNER TO APPLY MANURE ON AGRICUL-
TURAL FIELDS AS FERTILIZER, SUBJECT TO THE APPROVAL OF A NUTRIENT
MANAGEMENT PLAN BY THE DISTRICT OFFICE.
8. "NUTRIENT MANAGEMENT PLAN" MEANS THE DOCUMENT WHICH ACCOMPANIES AN
APPLICATION FOR A MANURE MANAGEMENT PERMIT AND DESCRIBES HOW THE OWNER
OF A LIVESTOCK OPERATION WILL MANAGE AND DISPOSE OF MANURE IN SUCH A WAY
AS TO PREVENT POLLUTION OF GROUND AND SURFACE WATERS.
9. "NUTRIENT MANAGEMENT PROGRAM" MEANS THE SCHEDULE OF ACTIVITIES
UNDERTAKEN OR TO BE UNDERTAKEN BY A PERSON REQUIRED TO OBTAIN A MANURE
MANAGEMENT PERMIT UNDER THIS ARTICLE FOR THE MINIMIZATION OF POINT AND
NON-POINT SOURCE POLLUTION TO GROUND AND SURFACE WATERS THROUGH MANAGE-
MENT OF ANIMAL WASTE AND FERTILIZER IN ACCORDANCE WITH THE CRITERIA SET
FORTH IN SECTION TWENTY-FOUR OF THIS ARTICLE.
10. "NUTRIENT MANAGEMENT PLAN REVIEW" MEANS A REVIEW OF A NUTRIENT
MANAGEMENT PLAN TO ENSURE THAT THE PLAN CONTAINS THE INFORMATION
REQUIRED TO BE SUBMITTED UNDER THIS ARTICLE AND THAT CALCULATIONS
CONTAINED IN THE PLAN ON RATES OF LAND APPLICATION OF NUTRIENTS ARE MADE
IN ACCORDANCE WITH THE CRITERIA SET FORTH IN THE TECHNICAL GUIDE.
11. "OWNER" MEANS ALL INDIVIDUALS, PARTNERSHIPS, LIMITED LIABILITY
COMPANIES, CORPORATIONS, OR OTHER ENTITIES HAVING POSSESSION OR CONTROL
OF, OR TITLE TO A LIVESTOCK OPERATION.
12. "PERMITTED ACTIVITY" MEANS ALL MANURE MANAGEMENT ACTIVITIES WHICH
ARE AUTHORIZED TO BE UNDERTAKEN IN A MANURE MANAGEMENT PERMIT PURSUANT
TO AN APPROVED NUTRIENT MANAGEMENT PLAN.
13. "TECHNICAL GUIDE" MEANS THE "FIELD OFFICE TECHNICAL GUIDE"
PUBLISHED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE'S SOIL CONSER-
VATION SERVICE, INCLUDING ALL MODIFICATIONS MADE BY THE DISTRICT
OFFICES.
S 22. CURRENT LIVESTOCK OPERATIONS. 1. LIVESTOCK OPERATIONS WITH ONE
THOUSAND OR MORE ANIMAL UNITS MUST COMPLY WITH THE REQUIREMENTS OF THE
NUTRIENT MANAGEMENT PROGRAM SET FORTH IN SECTION TWENTY-THREE OF THIS
ARTICLE.
2. THE DEPARTMENT, BASED ON THE RECOMMENDATION OF THE DISTRICT OFFICE,
MAY REQUIRE LIVESTOCK OPERATIONS WITH LESS THAN ONE THOUSAND ANIMAL
UNITS TO COMPLY WITH THE REQUIREMENTS OF SECTIONS TWENTY-THREE AND TWEN-
TY-FOUR OF THIS ARTICLE IF IT IS DETERMINED THAT: (A) THE STORAGE,
HANDLING, OR DISPOSAL OF MANURE OR THE APPLICATION OF FERTILIZER BY THE
OPERATION IS IN VIOLATION OF BEST MANAGEMENT PRACTICES; OR (B) IF SUCH
PRACTICES ARE FOUND TO CONTRAVENE WATER QUALITY REGULATIONS SET FORTH IN
NYCRR TITLE 6, CHAPTER X, PARTS 700-705 OR DRINKING WATER STANDARDS SET
FORTH IN PART 5, SUBPART 5-1 OF THE STATE SANITARY CODE.
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S 23. NUTRIENT MANAGEMENT PROGRAM. 1. THE STATE SOIL CONSERVATION
SERVICE SHALL ADOPT A STANDARDIZED APPLICATION FORM FOR A MANURE MANAGE-
MENT PERMIT, WHICH INCLUDES THE BASELINE CRITERIA FOR A NUTRIENT MANAGE-
MENT PLAN, AND SUBMIT THIS FORM TO ALL DISTRICT OFFICES AND TO EACH
REGIONAL OFFICE OF THE DEPARTMENT.
2. EACH DISTRICT OFFICE SHALL IDENTIFY ALL LIVESTOCK OPERATIONS WITHIN
ITS JURISDICTION AND NOTIFY EACH LIVESTOCK OPERATION LISTED THAT A
NUTRIENT MANAGEMENT PLAN MUST BE COMPLETED AND SUBMITTED TO THE DISTRICT
OFFICE. THE LOCAL DISTRICT OFFICE AGENT SHALL IMMEDIATELY NOTIFY THE
REGIONAL OFFICE OF THE DEPARTMENT AT ANY TIME HE OR SHE BECOMES AWARE OF
A VIOLATION OF BEST MANAGEMENT PRACTICES OR SUSPECTS A CONTRAVENTION OF
THE WATER QUALITY REGULATIONS.
3. ALL LIVESTOCK OPERATIONS NOTIFIED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION MUST SUBMIT AN APPLICATION FOR A MANURE APPLICATION PERMIT
ACCOMPANIED BY A NUTRIENT MANAGEMENT PLAN TO THE DISTRICT OFFICE AND THE
REGIONAL OFFICE OF THE DEPARTMENT.
4. THE DISTRICT OFFICE SHALL CONDUCT A NUTRIENT MANAGEMENT PLAN REVIEW
AND APPROVE, OR APPROVE WITH MODIFICATIONS, ALL NUTRIENT MANAGEMENT
PLANS SUBMITTED. UPON APPROVAL, THESE PLANS MUST BE FILED WITH EACH
REGIONAL OFFICE OF THE DEPARTMENT.
5. EACH REGIONAL OFFICE OF THE DEPARTMENT SHALL ISSUE MANURE MANAGE-
MENT PERMITS TO OWNERS ENGAGED IN LIVESTOCK OPERATIONS WHERE NUTRIENT
MANAGEMENT PLANS HAVE BEEN APPROVED BY THE DISTRICT OFFICE. UPON RECEIPT
OF A MANURE MANAGEMENT PERMIT, THE OWNER MUST BE IN COMPLIANCE WITH ALL
REQUIREMENTS OF SUCH PERMIT. MANURE MANAGEMENT PERMITS SHALL SPECIFY
THOSE PERMITTED ACTIVITIES WHICH AN OWNER MAY ENGAGE IN WHEN APPLYING
MANURE AS FERTILIZER TO AGRICULTURAL FIELDS. PERMITTED ACTIVITIES SHALL
REFLECT THE MANAGEMENT PRACTICES SET FORTH IN THE APPROVED NUTRIENT
MANAGEMENT PLAN FOR EACH LIVESTOCK OPERATION.
S 24. CONTENTS AND CRITERIA. 1. THE NUTRIENT MANAGEMENT PLAN SHALL
INCLUDE THE FOLLOWING INFORMATION:
(A) THE NUMBER OF ANIMAL UNITS OF THE LIVESTOCK OPERATION ON THE LAND
TRACT TO BE PERMITTED.
(B) THE AMOUNT OF MANURE EXPECTED TO BE GENERATED FROM THE RAISED
LIVESTOCK ANNUALLY.
(C) A STATEMENT OF THE PLANNED DISPOSITION OF THE MANURE AMOUNT, INDI-
CATED UNDER PARAGRAPH (B) OF THIS SUBDIVISION, TO BE GENERATED BY THE
LIVESTOCK. SUCH STATEMENT SHALL INCLUDE, IF APPLICABLE, THE FOLLOWING:
(I) THE MEANS, MANNER, AND FACILITIES (INCLUDING STORAGE CAPACITY)
PROPOSED TO BE UTILIZED FOR STORAGE OF MANURE TO BE GENERATED; (II) THE
PROPOSED TRACTS OF LAND WHICH WILL RECEIVE FIELD APPLICATIONS OF THE
GENERATED MANURE AND THE AMOUNTS AND PERIODS OF MANURE APPLICATION ON
THOSE TRACTS OF LAND; (III) THE FIELD CROPS EXPECTED TO BE GROWN ON SUCH
LAND TRACTS; (IV) EVIDENCE, USING THE FORMULAS AND CALCULATIONS
CONTAINED IN THE TECHNICAL GUIDE, THAT THE AMOUNT OF MANURE GENERATED
WILL NOT EXCEED THE MAXIMUM QUANTITIES OF MANURE FOR PROPER STORAGE AND
EFFECTIVE NUTRIENT SUSTENANCE OF CROPS IN THE FACILITIES AND LAND TRACTS
AND FOR THE CROPS, OR IF SUCH EXCESS IS INDICATED, THE MANNER AND
LOCATIONS IN WHICH SUCH EXCESS WILL BE DISPOSED AND EVIDENCE THAT
DISPOSAL OF THE EXCESS IN SUCH MANNER AND AT SUCH LOCATIONS WILL NOT
CAUSE POLLUTION OR THREATEN TO CAUSE POLLUTION TO GROUND OR SURFACE
WATERS; AND (V) DISPOSAL, INCLUDING MILKHOUSE WASTE, MEDICAL WASTE,
HUMAN SEPTIC, CHEMICALS, AND DEAD LIVESTOCK.
(D) A SCALED MAP OR MAPS INDICATING THE LOCATION OR EXPECTED LOCATIONS
OF ALL STRUCTURES WHERE LIVESTOCK ARE OR WILL BE RAISED AND ALL STRUC-
TURES AND FIELDS WHERE MANURE IS PROPOSED TO BE STORED OR APPLIED, IN
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SUPPORT OF THE STATEMENT SUBMITTED PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION. SUCH MAP OR MAPS SHALL INCLUDE SUFFICIENT INFORMATION ON
THE LOCATION OF THE LAND TRACT OR TRACTS AND FACILITIES AS WILL REASON-
ABLY ALLOW THE DISTRICT OFFICE TO LOCATE SUCH TRACT OR TRACTS AND FACIL-
ITIES.
(E) IF ANY LAND INDICATED FOR RECEIPT OF MANURE APPLICATION OR
DISPOSAL IS OWNED BY A PERSON OTHER THAN THE LIVESTOCK OPERATION, A
WRITTEN CONSENT FROM SUCH OWNER THAT APPLICATION OR DISPOSAL OF MANURE
BY THE LIVESTOCK OPERATION IS PERMITTED ON SUCH LANDS.
2. THE NUTRIENT MANAGEMENT PLAN SHALL, AT A MINIMUM, COMPLY WITH THE
CRITERIA SET FORTH IN THE MOST RECENT DISTRICT OFFICE TECHNICAL GUIDE.
EXISTING NUTRIENT MANAGEMENT PLANS FOR LIVESTOCK OPERATIONS, AS DEFINED
BY THIS ARTICLE, MUST BE RESUBMITTED TO THE DISTRICT OFFICE FOR FORMAL
APPROVAL BASED ON THE CONTENTS AND CRITERIA OF THE NUTRIENT MANAGEMENT
PLAN SET FORTH IN THIS ARTICLE IN ORDER TO OBTAIN A MANURE MANAGEMENT
PERMIT.
3. THE ACTIVITIES AND FACILITIES PROPOSED TO BE UNDERTAKEN,
CONSTRUCTED, OR OPERATED IN THE NUTRIENT MANAGEMENT PLAN BY THE LIVE-
STOCK OPERATION SHALL COMPLY WITH ALL OTHER STATE AND LOCAL LAWS, REGU-
LATIONS, OR ORDINANCES.
S 25. EFFECT OF PERMIT. 1. A MANURE MANAGEMENT PERMIT GRANTED PURSUANT
TO THIS ARTICLE SHALL ENTITLE THE APPLICANT LIVESTOCK OPERATION TO RAISE
LIVESTOCK IN SUCH SPECIES AND NUMBERS AND ON SUCH LAND TRACTS AS ARE
INDICATED ON THE PERMIT. SUCH PERMIT SHALL BE EFFECTIVE UNTIL THE
DISTRICT OFFICE OR THE REGIONAL OFFICE OF THE DEPARTMENT DETERMINES THAT
THE PERMITTED OPERATION IS FOUND TO BE IN VIOLATION OF THIS ARTICLE OR
ANY OTHER LAW OR REGULATION OF THE DEPARTMENT IN THE GENERATION, STOR-
AGE, HANDLING, OR DISPOSITION OF MANURE.
2. ALL MANURE APPLICATION PERMITS ISSUED BY THE DEPARTMENT SHALL BE
REVIEWED BIENNIALLY BY THE DISTRICT OFFICE IN ORDER TO DETERMINE WHETHER
OR NOT A LIVESTOCK OPERATION IS IN COMPLIANCE WITH ALL REQUIREMENTS OF
THE PERMIT.
3. REVISED MANURE MANAGEMENT PERMIT APPLICATIONS AND NUTRIENT MANAGE-
MENT PLANS SHALL BE RESUBMITTED PRIOR TO THE FOLLOWING EVENTS:
(A) THE HERD SIZE OF A LIVESTOCK OPERATION INCREASES BY TEN PERCENT OR
MORE FOR A PERIOD OF NINETY DAYS OR MORE;
(B) THE INGREDIENTS OF THE FEED MATERIAL CHANGE FOR MORE THAN
FORTY-FIVE DAYS IN ANY ONE YEAR PERIOD FROM THAT DESCRIBED IN THE
ORIGINAL NUTRIENT MANAGEMENT PLAN; OR
(C) CHANGING THE OWNERSHIP OF AN EXISTING LIVESTOCK OPERATION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment or repeal of any rule or regulation necessary for the implementa-
tion of this act on its effective date is authorized to be made on or
before such effective date.