[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR412.37]

[Page 202-203]
 
                TITLE 40-PROTECTION OF ENVIRONMENT
 
      CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 412-CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO) POINT SOURCE CATEGORY--Table of Contents
 
      Subpart C-Dairy Cows and Cattle Other Than Veal Calves
 
Sec. 412.37  Additional measures.

    (a) Each CAFO subject to this subpart must implement the following 
requirements:
    (1) Visual inspections. There must be routine visual inspections of 
the CAFO production area. At a minimum, the following must be visually 
inspected:
    (i) Weekly inspections of all storm water diversion devices, runoff 
diversion structures, and devices channelling contaminated storm water 
to the wastewater and manure storage and containment structure;
    (ii) Daily inspection of water lines, including drinking water or 
cooling water lines;
    (iii) Weekly inspections of the manure, litter, and process 
wastewater impoundments; the inspection will note the level in liquid 
impoundments as indicated by the depth marker in paragraph (a)(2) of 
this section.
    (2) Depth marker. All open surface liquid impoundments must have a 
depth marker which clearly indicates the minimum capacity necessary to 
contain the runoff and direct precipitation of the 25-year, 24-hour 
rainfall event, or, in the case of new sources subject to the 
requirements in Sec. 412.46 of this part, the runoff and 
direct precipitation from a 100-year, 24-hour rainfall event.
    (3) Corrective actions. Any deficiencies found as a result of these 
inspections must be corrected as soon as possible.
    (4) Mortality handling. Mortalities must not be disposed of in any 
liquid manure or process wastewater system, and must be handled in such 
a way as to prevent the discharge of pollutants to surface water, unless 
alternative technologies pursuant to Sec. 412.31(a)(2) and 
approved by the Director are designed to handle mortalities.
    (b) Record keeping requirements for the production area. Each CAFO 
must maintain on-site for a period of five years from the date they are 
created a complete copy of the information required by 40 CFR 
122.21(i)(1) and 40 CFR 122.42(e)(1)(ix) and the records specified in 
paragraphs (b)(1) through (b)(6) of this section. The CAFO must make 
these records available to the Director and, in an authorized State, the 
Regional Administrator, or his or her designee, for review upon request.
    (1) Records documenting the inspections required under paragraph 
(a)(1) of this section;
    (2) Weekly records of the depth of the manure and process wastewater 
in the liquid impoundment as indicated by the depth marker under 
paragraph (a)(2) of this section;
    (3) Records documenting any actions taken to correct deficiencies 
required under paragraph (a)(3) of this section. Deficiencies not 
corrected within 30 days must be accompanied by an explanation of the 
factors preventing immediate correction;
    (4) Records of mortalities management and practices used by the CAFO 
to meet the requirements of paragraph (a)(4) of this section.
    (5) Records documenting the current design of any manure or litter 
storage structures, including volume for solids accumulation, design 
treatment volume, total design volume, and approximate number of days of 
storage capacity;
    (6) Records of the date, time, and estimated volume of any overflow.
    (c) Recordkeeping requirements for the land application areas. Each 
CAFO must maintain on-site a copy of its site-specific nutrient 
management plan. Each

[[Page 203]]

CAFO must maintain on-site for a period of five years from the date they 
are created a complete copy of the information required by 
Sec. 412.4 and 40 CFR 122.42(e)(1)(ix) and the records 
specified in paragraphs (c)(1) through (c)(10) of this section. The CAFO 
must make these records available to the Director and, in an authorized 
State, the Regional Administrator, or his or her designee, for review 
upon request.
    (1) Expected crop yields;
    (2) The date(s) manure, litter, or process waste water is applied to 
each field;
    (3) Weather conditions at time of application and for 24 hours prior 
to and following application;
    (4) Test methods used to sample and analyze manure, litter, process 
waste water, and soil;
    (5) Results from manure, litter, process waste water, and soil 
sampling;
    (6) Explanation of the basis for determining manure application 
rates, as provided in the technical standards established by the 
Director.
    (7) Calculations showing the total nitrogen and phosphorus to be 
applied to each field, including sources other than manure, litter, or 
process wastewater;
    (8) Total amount of nitrogen and phosphorus actually applied to each 
field, including documentation of calculations for the total amount 
applied;
    (9) The method used to apply the manure, litter, or process 
wastewater;
    (10) Date(s) of manure application equipment inspection.