(A) If, for any reason, there is a spill or other release of any process wastewater, swine waste or other pollutant as defined in the Federal Clean Water Act (33 U.S.C. 1362), as amended, (a discharge), the owner or operator is required to make immediate notification to the Zoning Administrator. The report of the discharge shall include:
(1) A description of the discharge and cause;
(2) An estimation of the flow rate and volume discharged;
(3) The period of discharge, including exact dates and times, and if not already corrected, the anticipated time the discharge is expected to continue;
(4) Steps taken to reduce, eliminate and prevent recurrence of the discharge; and
(5) Test results for fecal coliform bacteria, 5 day biochemical oxygen demand (BOD5), total suspended solids (TSS), ammonia nitrogen, total Kjeldahl nitrogen (TKN), any pesticides which the operator has reason to believe could be in the discharge, or such other parameters as required by the Zoning Administrator which the Zoning Administrator has reason to believe could be in the discharge. The analysis of the water samples shall be performed by a qualified environmental laboratory certified by the Maryland Department of the Environment and approved by the Maryland Department of Agricultural and/or Maryland Department of Health and Mental Hygiene. These samples shall be taken at the most upstream and downstream point on the property where swine operation is located within 24 hours after the discharge occurs.
(B) Records shall be maintained of all swine wastes applied on land owned or controlled by the owner and operator and sold or given to other persons for disposal.
(C) If the swine waste from a swine feeding operation is sold or given to other persons for land application or disposal, the owner or operator of the swine feeding operation shall maintain a log of: date of removal from the swine feeding operation; names of such other persons; and amount, in wet tons, dry tons or cubic yards, of waste removed from the swine feeding operation.
(D) (1) If the swine waste is to be land applied by other persons, a swine feeding operation shall make available to such other person the most current sample analysis of swine waste.
(2) In addition, the swine feeding operator shall notify, in writing, any person to whom the swine waste is sold or given of the land application disposal requirements for swine waste as specified by the waste management plan.
(3) The swine feeding owner or operator shall remain liable and responsible for compliance with all rules promulgated by the Zoning Administrator regarding proper handling and disposing of swine waste even if such disposal or application is performed by persons not employed or controlled by the swine feeding operation.
(E) Soils in areas in which swine waste is applied shall be analyzed annually for phosphates, nitrates and soil pH prior to the first application of the swine waste in the calendar year. A copy of the results of the analysis shall be submitted to the Zoning Administrator and reviewed by a nutrient management specialist, upon request by the Zoning Administrator. Such analysis shall be retained by the owner or operator as long as the facility is in operation.
(F) Every swine feeding operation permitted pursuant to this article shall develop a plan approved by the Zoning Administrator for the disposal of carcasses associated with normal mortality.
(1) Dead swine shall be disposed of in accordance with a carcass disposal plan developed by the applicant or owner or operator and approved by the Zoning Administrator.
(2) The plan shall include provisions for the disposal of carcasses associated with normal mortality, with emergency disposal when a major disease outbreak or other emergency results in deaths significantly higher than normal mortality rates and other provisions which will provide for a decrease in the possibility of the spread of disease and prevent the contamination of waters of the state.
(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)