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NJDA Animal Waste Management Rules

Animal Waste Rule Proposal in the New Jersey Register
 
 
Frequently Asked Questions

Why did the NJDA develop these rules? The New Jersey Department of Agriculture (NJDA) has been authorized by the Legislature to develop criteria and standards for animal waste management through the Leaf Composting Law of 1989 and the Aquaculture Development Act of 1997. The NJDA is developing these rules to fulfill its legislative mandate and to proactively address non-point source pollution that may emanate from agricultural animal operations.

Which animal operations are affected by these rules? All agricultural animal operations will have to follow the General Requirements of the rules. Operations with 8 or more Animal Units (AU) [1 AU= 1000 pounds of live animal weight] or those receiving 142 or more tons of animal waste per year will be required to develop and implement a self-certified Animal Waste Management Plan. Operations with Animal Densities (ADs) greater than 1 AU per acre will be required to have their self-certified plans reviewed by the Natural Resources Conservation Service (NRCS). Operations with 300 or more AUs, regardless of animal densities, will need to develop and implement a Comprehensive Nutrient Management Plan (CNMP) and be certified by the NJDA. Operations with 1 to 7 AUs or those receiving or applying less than 142 tons of animal waste per year, are encouraged, but not required to develop a self-certified Animal Waste Management Plan.

What must an operator do to comply with these rules?  All agricultural animal operations are required to implement the General Requirements of the rules within 12 months of the effective date of these rules. Operations with 8 to 299 AUs or those receiving 142 or more tons of animal waste per year are required to develop a self-certified Animal Waste Management Plan within 18 months of the effective date of these rules. The plan must be completely implemented within 36 months of the effective date of these rules. Operations with 300 or more AUs are required to have a CNMP developed and completely implemented within 36 months of the effective date of these rules and must receive certification from the NJDA.

What are the General Requirements of the rules? There are 5 General Requirements: 1) No agricultural animal operation shall allow animals in confined areas to have uncontrolled access to waters of the state. 2) Manure storage areas shall be located at least 100 linear feet from waters of the state. 3) The land application of animal waste shall be performed in accordance with the principles of the NJDA BMP Manual. 4) No dead animals and related animal waste resulting from a reportable contagious disease or an act of bio-terrorism shall be disposed of without first contacting the State Veterinarian. 5) Any person entering a farm to conduct official business related to these rules shall follow bio-security protocol.

How does an operator develop a self-certified plan? The NJDA BMP Manual will contain a template for a self-certified plan. The plan may be developed by the owner/operator or in consultation with an NJDA, NRCS or Rutgers Cooperative Research and Extension (RCRE) staff person. The self-certified plan template and NJDA BMP Manual also will be available in electronic format.

What if the operation already has a CNMP?  If the CNMP was developed and approved after October 1, 2001, implementation of such plan shall deem the operation in compliance. However, the CNMP must be reviewed annually and updated if the number of AUs increases by 25 percent or more.

Is there any financial assistance available for plan development and implementation?  It is anticipated that there will be little to no cost associated with plan development. Plan implementation costs will vary depending on the size of the operation and complexity of the plan. The more extensive plans may qualify for cost-share assistance that is available through state and federal conservation programs.

Do the rules require any permits? No. However, agricultural animal operations with 300 or more AUs are required to be certified by the NJDA. The NJDA will issue a certification once the required CNMP is approved by the district and submitted to the NJDA.

Do the rules require any fees? No. There are no fees involved with these rules.

Are there any penalties for rule violations?  Yes, there are penalty provisions in the rules. When non-compliance is found, the NJDA may allow the owner/operator up to 60 days to take corrective action. The NJDA will consider the seriousness of the violation, the conduct of the operator and the type of plan required when determining penalties.

Do the rules consider animal densities? Yes. Agricultural animal operations with 8 to 299 AUs with animal densities greater than 1 AU per acre are required to have their self-certified plans reviewed by NRCS, while those with densities less than 1 AU per acre do not. However, animal operations with 300 or more AUs are required to develop and implement a CNMP and be certified by the NJDA regardless of animal density.

Is it necessary to fence along water bodies? Animals in “confined animal areas” – as defined in the rules -- may need to be fenced. Although highly recommended, animals in areas that are not “confined” are not required to be fenced from adjacent water bodies. 

Are the plans required by these rules protected from the Open Public Records Act (OPRA)? Self-certified plans will be retained by the owner/operator and therefore are not subject to OPRA. Owner/operators that are required to develop and implement CNMPs will authorize their release to the NJDA for certification purposes. A copy of the CNMP and certification will be retained by the NJDA and may be subject to OPRA.

Do the rules restrict the land application of animal manure? No. Land application of animal waste can continue as long as it is performed in accordance with the principles of the NJDA BMP Manual.