The Good, Bad, Ugly Of Manure Applications In 2017 - Kevin Elder, from the 2018 Conservation Tillage and Technology Conference, March 6 - 7, Ada, OH, USA.
More presentations at https://www.youtube.com/channel/UCZBwPfKdlk4SB63zZy16kyA
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Iowa Environmental Regulations & Nuisance Case Update - Eldon McAfee, Brick Gentry Law Firm, from the 2016 Iowa Pork Congress, January 27-28, Des Moines, IA, USA.
More presentations at http://www.swinecast.com/2016-iowa-pork-congress
Iowa Environmental Regulations Ad Nuisance Case UpdateJohn Blue
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Navigating the Minnesota Pollution Control Agency’s Permitting Process - George Schwint Jr. and Chuck Peterson, Minnesota Pollution Control Agency, from the 2019 Minnesota Pork Congress, February 5 - 6, 2019, Minneapolis, MN, USA.
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Mr. Eldon McAfee - Iowa Regulations & Nuisance Case UpdateJohn Blue
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More presentations at http://www.swinecast.com/2018-iowa-pork-congress" "Iowa Regulations & Nuisance Case Update - Mr. Eldon McAfee, Brick Gentry Law Firm, from the 2018 Iowa Pork Congress, January 24 - 25, 2018, Des Moines, IA, USA.
More presentations at http://www.swinecast.com/2018-iowa-pork-congress
This document discusses potential legal liability arising from the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. It outlines various environmental laws that could apply including the Oil Pollution Act, Clean Water Act, Endangered Species Act, and others. It examines which parties may be considered responsible under these statutes, such as BP as operator, Transocean as rig owner, and Halliburton as contractor. The document also reviews elements of liability, available damages, and penalties under these laws, which could total in the billions of dollars depending on whether gross negligence or willful misconduct is found.
The Environment (Protection) Act 1986 was introduced in India after the Bhopal gas tragedy. The Act aims to provide protection and improvement of the environment through several key provisions. It establishes regulatory bodies at the central and state level to coordinate environmental protection activities. The Act defines environmental pollution and hazardous substances. It lays down procedures to regulate industries and operations that may cause pollution. The Act specifies powers and duties of authorities to enforce its provisions, including powers of inspection and taking legal action against violators.
The document discusses key provisions of the Water (Prevention and Control of Pollution) Cess Act 1977 and Water (Prevention and Control of Pollution) Cess Rules 1978 in India. It outlines who is liable to pay cess on water consumption, how cess is assessed based on quantity and rate, requirements for water meters and returns, penalties for non-compliance, and appeals process. Specific water consumption standards are also provided for various industrial sectors to determine cess amounts.
Eldon McAfee - Iowa Environmental Regulations & Nuisance Case UpdateJohn Blue
Iowa Environmental Regulations & Nuisance Case Update - Eldon McAfee, Brick Gentry Law Firm, from the 2016 Iowa Pork Congress, January 27-28, Des Moines, IA, USA.
More presentations at http://www.swinecast.com/2016-iowa-pork-congress
Iowa Environmental Regulations Ad Nuisance Case UpdateJohn Blue
The document summarizes several recent livestock environmental regulation and nuisance case updates in Iowa. It discusses the outcomes of three agricultural nuisance lawsuits from 2008 regarding a cattle operation, hog operation, and cattle feedlot. It also provides summaries of regulations regarding CAFO permits, manure management plans, stockpiling, application on frozen or snow-covered ground, commercial manure applicator certification, and open burning restrictions.
George Schwint Jr. and Chuck Peterson - Navigating the Minnesota Pollution Co...John Blue
Navigating the Minnesota Pollution Control Agency’s Permitting Process - George Schwint Jr. and Chuck Peterson, Minnesota Pollution Control Agency, from the 2019 Minnesota Pork Congress, February 5 - 6, 2019, Minneapolis, MN, USA.
More presentations at https://www.youtube.com/playlist?list=PL_5bHW6MgRAxR_WyINKBPyCwAeXFJ5CfZ
Mlb's seasonal snags; full storages, winter spreading, & other trying challen...BerksCounty
This document discusses challenges related to managing manure during the winter months in Pennsylvania. It provides an overview of regulations for manure management plans and nutrient management plans. Key points include: winter is defined as December 15 to February 28 or when ground is frozen or snow-covered; maximum application rates and setbacks during winter; consequences of overflowing manure storages including violations of the Clean Streams Law; and guidance for responding to an overflow including containment measures and notifying authorities.
Mr. Eldon McAfee - Iowa Regulations & Nuisance Case UpdateJohn Blue
Iowa Regulations & Nuisance Case Update - Mr. Eldon McAfee, Brick Gentry Law Firm, from the 2018 Iowa Pork Congress, January 24 - 25, 2018, Des Moines, IA, USA.
More presentations at http://www.swinecast.com/2018-iowa-pork-congress" "Iowa Regulations & Nuisance Case Update - Mr. Eldon McAfee, Brick Gentry Law Firm, from the 2018 Iowa Pork Congress, January 24 - 25, 2018, Des Moines, IA, USA.
More presentations at http://www.swinecast.com/2018-iowa-pork-congress
This document discusses potential legal liability arising from the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. It outlines various environmental laws that could apply including the Oil Pollution Act, Clean Water Act, Endangered Species Act, and others. It examines which parties may be considered responsible under these statutes, such as BP as operator, Transocean as rig owner, and Halliburton as contractor. The document also reviews elements of liability, available damages, and penalties under these laws, which could total in the billions of dollars depending on whether gross negligence or willful misconduct is found.
The Environment (Protection) Act 1986 was introduced in India after the Bhopal gas tragedy. The Act aims to provide protection and improvement of the environment through several key provisions. It establishes regulatory bodies at the central and state level to coordinate environmental protection activities. The Act defines environmental pollution and hazardous substances. It lays down procedures to regulate industries and operations that may cause pollution. The Act specifies powers and duties of authorities to enforce its provisions, including powers of inspection and taking legal action against violators.
The document summarizes regulations around the handling and management of hazardous wastes in India. It outlines key responsibilities and rules for occupiers generating hazardous waste, operators of waste facilities, and transporters. Key points include:
- Occupiers and operators are responsible for proper collection, treatment, storage and disposal of hazardous wastes.
- Occupiers and operators must obtain authorization from State Pollution Control Boards for waste management activities.
- Wastes must be packaged and labeled appropriately for safe transport. A manifest system tracks the transport of wastes.
- Detailed records must be maintained and annual returns submitted to authorities by occupiers and operators.
- Import or export of wastes for dumping is not allowed,
The document discusses India's Environment (Protection) Act of 1986. It defines the environment and outlines the act's goals of protecting and improving the environment by establishing standards for emissions, waste disposal, and environmental regulation. It describes the authorities and powers of central and state governments to enforce the act by issuing directions to industries, regulating or restricting polluting activities, and setting compliance schedules. Industries are required to submit annual environmental statements on their resource usage, pollution levels, and protection measures.
The document discusses several key Maldivian laws and regulations related to environmental protection and management of development projects, including:
1. The Environmental Protection and Preservation Act (EPPA), which requires all development projects to conduct an EIA and adhere to regulations regarding waste disposal, protected areas, and compensation for environmental damages.
2. Regulations designating protected and sensitive areas and species. Dredging, coral and sand mining are restricted in certain areas.
3. The EIA Regulation outlines the process for conducting and reviewing EIAs and includes several amendments with additional guidelines.
4. Regulations on dredging and reclamation, and protected areas, species and coral/sand mining that restrict certain activities near
The document summarizes several key environmental acts and legislations in India. It discusses the Water (Prevention and Control of Pollution) Act of 1974, which aims to prevent and control water pollution. It also covers the Air (Prevention and Control of Pollution) Act of 1981, which focuses on preventing, controlling, and reducing air pollution. Finally, it outlines the Environment (Protection) Act of 1986, which aims to protect and improve environmental quality in India.
Eldon McAfee - Iowa Regulations & Nuisance Case UpdateJohn Blue
Iowa Regulations & Nuisance Case Update - Eldon McAfee, Brick Gentry Law Firm, from the 2017 Iowa Pork Congress, January 25-26, Des Moines, IA, USA.
More presentations at http://www.swinecast.com/2017-iowa-pork-congress
The Environment Protection Act was introduced in 1986 after the Bhopal gas tragedy. The Act provides for the protection and improvement of the environment by establishing authorities to regulate environmental pollution. It defines environment pollution and hazardous substances. The Act establishes Central and State Pollution Control Boards to regulate pollution. It empowers the Central Government to establish environmental laboratories and enforce standards and rules regarding pollution. Offences under the Act are punishable with fines and imprisonment, and special provisions are included to assign liability to companies and government departments for offences committed.
Presented by Rural Advancement Foundation International (RAFI-USA) Research & Policy Associate James Robinson. August 8, 2013.
Contact James Robinson with any questions: james@rafiusa.org
919-542-1396 ext. 209
For more information about forced pooling and landowner rights visit: http://rafiusa.org/issues/landowner-rights-and-fracking/
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2. It provides details on the assistance available to disaster-affected people, including different types of food assistance, assistance for death, injury and house damage, agriculture input subsidy, assistance for fishermen and handloom/handicraft artisans, and repair of infrastructure.
3. The full disaster management cycle is described from preparedness and assessment to provision of emergency relief, documentation, and payment of assistance through online transfer.
This document provides an overview of an environmental awareness training course covering regulations, fish and fish habitat, permitting processes, and best management practices. The training aims to increase awareness of environmental responsibilities and discusses key pieces of legislation like the Fisheries Act and regulations around harmful alteration, disruption, or destruction of fish habitat. It also looks at industry experiences with regulatory agencies and common issues like beaver dam removal, sediment control, and planning strategies to acquire necessary approvals and mitigate environmental impacts.
This document provides an overview of an environmental awareness training covering regulations, fish and fish habitat, permitting processes, best management practices, and industry experiences related to environmental responsibilities. The training consists of 7 modules, with module 1 providing introductions and objectives to increase awareness of environmental liabilities and regulations. Key topics include the Fisheries Act, definitions of fish habitat, permitting requirements, best management practices, and lessons learned from industry experiences with activities like beaver dam removal, brush cutting, and sediment control. Planning strategies are discussed to properly address regulatory requirements.
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The document discusses various pollution control acts and regulations in India. It begins by describing how industrialization has increased environmental pollution in India. It then outlines several key pollution control acts that were established, including the Water Pollution Control Act of 1974, Air Pollution Control Act of 1981, and Environment Protection Act of 1986. The acts established standards and requirements for industries regarding emissions and discharges. The document also discusses the creation of zoning atlases to help classify environments and identify suitable locations for siting different types of industries.
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This document discusses sustainable agriculture and data management tools. It introduces the Agri-Data Solution, a secure online platform that allows farmers to track sustainability metrics and food security data for over 65 million acres. The platform can monitor metrics like soil conservation practices, nitrogen use efficiency, water and energy use, and integrate additional data like soil tests, yields, pesticides, and irrigation. It provides tools to help farmers and landowners improve sustainability and food production.
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- Occupiers and operators must obtain authorization from State Pollution Control Boards for waste management activities.
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Contact James Robinson with any questions: james@rafiusa.org
919-542-1396 ext. 209
For more information about forced pooling and landowner rights visit: http://rafiusa.org/issues/landowner-rights-and-fracking/
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Kevin Elder - The Good, Bad, Ugly Of Manure Applications In 2017
1. The Good, Bad and Ugly Of
Manure Applications in 2017
2018 Conservation Tillage and
Technology Conference
March 6th, 2018
Kevin H. Elder, Chief
ODA – Division of Livestock
Environmental Permitting
Elder@agri.ohio.gov
614/387-0469 Office 614/582-7880 Cell
2. The Good!
Every Year More Manure is being applied
better to and for crop production!
Number of Warnings, NOV’s and NOD’s is
decreasing.
3. The Good! (Continued)
We have been having
100 to 150 attending
CLM Training each year
and certifying an
additional 20 to 30
each year and with a
total of 299 certified
currently.
Number of complaints
on permitted facilities
was only 24, with 9 of
those valid.
4. The Good! (Continued)
Number of Complaints
on Certified Livestock
Managers was 21,
with only 13 of them
Manure application.
Additional training
occurring at Manure
Science Review and
here at ADA is helping
get additional
understanding.
5. One Ohio Government Agency Has Authority
Over Manure Application
Department of
Agriculture
Commercial
Fertilizer
Manure from all
other Livestock
Facilities
Division of Soil
andWater
Conservation
Division of Livestock
Environmental
Permitting
Division
of Plant
Health
Manure from Permitted
Livestock Facilities,
Certified Livestock
Managers
Effective Jan. 1,
2016
6. Division of Soil and Water
Conservation and Local SWCD’s
Historical Authority
“Agricultural Pollution” means failure to
use management or conservation
practices … to abate the degradation of
waters of the state by animal manure or
soil sediment
Those BMP’s are defined in the Technical
Standards of the USDA-NRCS Technical
Guide (for the most part)
7. What is DSWC/SWCD’s
Agricultural Pollution
Abatement?
7
Program philosophies:
A fair enforcement procedure emphasizing
local review and peer evaluation.
A public complaint procedure.
A technical assistance service.
Desire for voluntary compliance through a
cooperative solution.
8. “Waters of the state” –all streams,
lakes, ponds, wetlands, watercourses,
waterways, wells, springs, irrigation
systems, drainage systems, and all other
bodies or accumulations of water, surface
and underground, natural or artificial
DLEP, DSWC & SWCD Historical
Authority/Definitions
9. ODA’s Division of Livestock
Environmental Permitting
Authority
Is much more detailed and regulatory
Ohio Revised Code Chapter 903 (Laws)
Ohio Administrative Code 901:10 (Rules)
Six Chapters covering Permits to Install and
Permits to Operate.
Both Rules and Permits dictate what is required by
the larger facilities.
10. What’s the Newest?
Senate Bill 1
Effective July 3, 2015
Includes new restrictions on:
Manure and fertilizer application
Dredging and disposal of dredged
material in Lake Erie
Waste water treatment plants
11. What’s New? DSWC Civil Penalties
Agricultural Pollution Abatement Program
1973 - Agricultural Nonpoint Pollution
Abatement Program began at ODNR
1979 - First Pollution Abatement rules were
adopted
1991 - Enforcement authority / Chief’s Order
July 28, 2017 – Civil penalty authority
Trends over life of the program:
Rules have become more lenient
Penalties have become more strict
11
12. ORC 939.07 (A)(3)
The director may impose a civil penalty only if all of the following occur:
(a) The owner or operator is notified in writing of the deficiencies resulting in
noncompliance, the actions that the owner or operator must take to correct the
deficiencies, and the time period within which the owner or operator must correct the
deficiencies and attain compliance.
(b) After the time period specified in the notice has elapsed, the director or the
director's designee has inspected the agricultural land or animal feeding operation,
determined that the owner or operator is still not in compliance, and issued a
notice of an adjudication hearing.
(c) The director affords the owner or operator an opportunity for an adjudication
hearing under Chapter 119. of the Revised Code to challenge the determination of
the director or the director's designee that the owner or operator is not in compliance
or the imposition of the civil penalty, or both. However, the owner or operator may
waive the right to an adjudication hearing.
DSWCD Civil Penalties
13. DSWC Civil Penalties
Minor
1st Violation – up to $250
2nd Violation – up to $1,000
3rd Violation – up to $5,000
Moderate
1st Violation – up to $2,000
2nd Violation – up to $5,000
3rd Violation – up to $10,000
Major – up to $10,000
14. ORC 939.08 / Senate Bill 1
ORC 939.09
(A) Except as provided in division (D) of this section, the
director of agriculture may assess a civil penalty against a
person that violates section 939.08 of the Revised Code. The
director may impose a civil penalty only if the director
affords the person an opportunity for an adjudication
hearing under Chapter 119. of the Revised Code to
challenge the director's determination that the person
violated section 939.08 of the Revised Code. The person
may waive the right to an adjudication hearing.
ODA can issue civil penalties for violations of WLEB
restrictions without corrective actions / NOD.
15.
16. New Authority for Manure
No person in the western basin shall
surface apply manure under any of the
following circumstances:
17. New Authority for Manure
No person in the western basin shall
surface apply manure under any of the
following circumstances:
1. On snow-covered or frozen soil
18. New Authority for Manure
No person in the western basin shall
surface apply manure under any of the
following circumstances:
2. When the top two inches of the
soil are saturated from precipitation
19. New Authority for Manure
No person in the western basin shall
surface apply manure under any of the
following circumstances:
3. When the local weather forecast
for the application area contains
greater than fifty per cent chance of
precipitation exceeding one-half inch
in a 24 hour period
20. New Authority for Manure
Restrictions do not apply if:
1. The manure is injected into the
ground
21. New Authority for Manure
Restrictions do not apply if:
2. The manure is incorporated with
24 hours of surface application
22. New Authority for Manure
Restrictions do not apply if:
3. The manure is applied onto a
growing crop
23. New Authority for Manure
Restrictions do not apply if:
4. In the event of emergency, the
chief of the division of soil and water
resources or the chief’s designee
provide written consent…
24. New Authority for Manure
Restrictions do not:
Prohibit on-site stockpiling of solid
manure.
25. New Authority for Fertilizer
Senate Bill 1
Effective July 3, 2015
Rules going through JCARR process and
should be final by the end of January
Includes new restrictions on manure and
fertilizer application
26. New Authority for Fertilizer
No person in the western basin shall
surface apply fertilizer under any of the
following circumstances:
1. On snow-covered or frozen soil
2. When the top two inches of the soil
are saturated from precipitation
27. New Authority for Fertilizer
No person in the western basin shall
surface apply fertilizer in granular
form under any of the following
circumstances:
3. When the local weather forecast for the
application area contains greater than fifty
per cent chance of precipitation
exceeding one-half one inch in a 24 12
hour period
28. Restrictions do not apply if:
1. The fertilizer is injected into the
ground
2. The fertilizer is incorporated with
24 hours of surface application
3. The fertilizer is applied onto a
growing crop
New Authority for Fertilizer
29. The director of agriculture may assess a
civil penalty
New Authority for Fertilizer
30. SB1 Permitted livestock farms
requirements
New – Anyone taking and applying
manure from a permitted farm must be
either a Certified Livestock Manager or
Fertilizer Certified.
ODA –Division of Livestock Environmental
Permitting’s rules do not allow manure
application on frozen and/or snow covered
ground…anywhere…except
31. What are some of the working
definitions?
Snow Covered – when residue or ground
cannot be seen because of snow cover or
½ inch of ice or more.
Frozen – ground that is not able to be
penetrated because or frozen soil moisture
Saturated soil – occurs when all the pore
spaced are filled with water….above field
capacity
32. What are some of the working
definitions?
Growing Crops – will vary by season, any
green plant that will be harvested or that
was planted as a cover crop that will not
winter kill. Has to have a reasonable %
ground cover.
Weather prediction – Recommend using
http://weather.gov, but will accept any
copy of a forecast that shows predictions
and amounts for the 24 hours.
33. What are some of the working
definitions?
Injection – placing the manure or fertilizer
beneath the soil surface.
Incorporation – Tillage that mixes the
manure or fertilizer into the soil to a
average minimum depth of 4 inches, with
80% of the material covered with soil.
34. The Bad!
What has Gone Wrong!!
939.08 & A Growing Crop
In January of 2018, examples of three ways the
“growing crop” exemption can lead to trouble:
1. Crop planted, but barely emerged
35.
36.
37.
38.
39. 939.08 & A Growing
Crop
In January of 2018, examples of three ways the
“growing crop” exemption can lead to trouble:
1. Crop planted, but barely emerged
2. Not following recommended application
rates or setbacks, leading to pollution
40.
41.
42.
43.
44.
45. 939.08 & A Growing
Crop
In January of 2018, examples of three ways the
“growing crop” exemption can lead to trouble:
1. Crop planted, but barely emerged
2. Not following recommended application rates or
setbacks, leading to pollution
3. Cover crops that winter kill are not
“growing”
46.
47.
48. Even when things are done
RIGHT, it can go to #%@^
This summer we had several instances
where the rules were followed, but waters
of the state were impacted, fish killed…
49. Williams County
Poultry litter application to wheat stubble.
5 fields, ~ 2 tons/acre application rate.
Farmer was planning on working it in and
planting a cover crop.
Farmer had soil tests showing it needed
nutrients.
50. What could go wrong?
Manure originated out of Mercer county
and was sold to farmer and applied by
CLM.
CLM had looked at weather forecast.
51. CLM had records of
everything but
weather forecast.
We pulled the
forecast which
called for less than
50% chance of less
than ½ inch of
rainfall.
CLM began
applying around
8:00 AM
52. He stopped at 11:00 AM when it began
raining.
They received 2.4 inches of rain in a short
time.
This resulted in a $16,000.00 Fish Kill
53. There were several other
discharge incidents…
We had several other fish kills this past
summer.
One had applied liquid dairy manure after
taking off a cutting of alfalfa.
54. Manure had
been applied on
August 1st .
Rain event on
August 4th
caused a
discharge and
fish kill resulting
in several
thousand dollars
of restitution.
55. What do I need to do?
If in doubt??? Don’t
do it!!!
Have good records!
Soil Test!
Manure Test!
Use nutrients where
needed!
Keep weather
predictions!
Look at condition of
soil at time of
application!
Look at available
water holding
capacity!
Watch tile outlets and
surface water
patterns!
Watch field after first
rainfall!
56. What’s Next??
Lots of rumors!!
Something will
happen/change!
Regulations seldom go
backwards!
Discussions on
mandated nutrient
management plans.
Additional BMP’s
required.
Required Monitoring of
application fields till
after first rainfall event.
Kevin’s wishes
One set of rules for
everyone. (Permitted,
Grand Lake St. Mary’s,
WELB, small and
medium producers)
Realize no rule is 100%
guaranteed effective.
(Mother Nature Rules)
When everything is
being done correctly,
don’t penalize for what
can’t be controlled.
Everyone would use
common sense (all sides)
58. KEVIN ELDER
OHIO DEPARTMENT OF AGRICULTURE
8995 EAST MAIN STREET REYNOLDSBURG
OHIO 43068
ELDER@AGRI.OHIO.GOV
614/582-7880
KRAZYKEV2001@YAHOO.COM
614/565-9691
Questions?
59. Where are our regulations?
Ohio Revised Code 903
http://codes.ohio.gov/orc/903
Ohio Administrative Code 901:10
http://codes.ohio.gov/oac/901%3A10
60. How were our regulations
developed?
Use of scientifically
developed and
reviewed BMP’s.
Reviewed by 21
member CAFF
Advisory Committee.
Reviewed and
Updated at least
every 5 years.
What are some of the
references?
USDA NRCS Ohio
Nutrient Management
Standard 590 (2012)
Tri-State Fertility
Guide
Manure and
Wastewater
Management Guide
Current and on-going
edge of field research
61. What do you need to know?
Manure Sampling
Soil Sampling
Crop Rotations
Crop Yields
Time of Application
Method of Application
Land application
restrictions
Available Water
Holding Capacity
62. Manure Sampling
Minimum of yearly
sample of every
structure and type of
manure
Collect accurate
sample (agitated) as
close to application
time as possible
Sample each type of
manure being applied
Account for variables
63. Soil Sampling
Follow minimum
University Stds.
Every 3-4 years
Represent no more
than 25 acres
9-12 cores per sample
Even depth of 6-8
inches
Taken min. 6 months
after nutrient app.
65. What are the limitations?
No more Nitrogen
than the next crops
needs.
Not more than 50 pounds if
no crop growing before
ground temp goes below
50 degrees.
Recommend using Cover
Crops to capture N.
Recommend using Pre-
Side-dress Nitrogen test.
Recommend applications to
crops that require N.
66. What are the limitations?
Phosphorus
Keep in Agronomic range
to allow application for
rotations (15-30 PPM)
No more than 250#
P2O5/year
If Soil test is over 100
ppm, then only single year
application
If manure is very
concentrated (over 80
#/ton) or soil tests very
high there are special
requirements
67. What are the Limitations?
What is the
condition of the
soil at the time of
application?
Compacted?
Cracks?
Earthworm
burrows?
Root channels?
68. What are the limitations?
How much liquid?
No more than the
Available Water
Holding Capacity at
the time of application.
(can make more than
one application)
If field is tiled, (most
Ohio soils are) No
more than ½ inch or
13,600 gallons/acre.
69. What are the limitations?
No Frozen and/or Snow-covered Manure
Applications (on permitted farms since 2006)
Any request must be an emergency.
Must have looked at all other alternatives.
Must have prior approved site meeting all additional
requirements.
70. What are the Limitations?
Land Application Restrictions – Setbacks
from Surface waters
Minimum of 100 feet of residue if surface
applied or
35 feet of growing vegetation
71. Now for the Why’s
Review of existing
information
New research on
nutrient movement
here in Ohio
72. Probably some of the best summary
of Information on Phosphorus!
http://www.epa.state.oh.us/dsw/lakeerie/index.as
px#126087070-phase-i-information
80. Time of
Application
• Greatest potential
for surface and tile
losses occurs with
fall and winter
application
• Applying P in
spring or after
wheat harvest
seems to minimize
surface and tile
losses
Mehlich3STP(ppm)
0
20
40
60
80
100
120
140
160
180
Time of application
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
0
20
40
60
80
100
120
140
160
180
Surface Losses
Tile Losses
0.56 kg/ha 0.50 kg/ha
0.04 kg/ha
0.50 kg/ha0.06 kg/ha
82. Effect of tillage on preferential flow and
phosphorus transport
TD2
TD1
0 50 100
meters
Drainage area
Tile outlet
Rain gauge
Ohio, USA
UBWC
Soil type: Silt loam
Tile depth: 3 ft
Soil test P: 30 ppm Mehlich-3P
Tillage: No-till
2014 management
May 6th – Applied 175 lb/ac of MAP
May 8th – Tilled field TD1 (disc)
(TD2 remained no-till)
Study Objective
Compare P transport before and
after tillage and between tilled and
no-till fields
84. Tile drain
DRP(mgL-1
)
0.0
0.3
0.6
0.9
1.2
4.0
5.0
1 2 1 2 1 2 1 2 1 2 1 2 1 2
1 2 3 4 5 6 7
Storm event
a a a a
b
a
b
a
b
a
b
a
b
a
P application
& tillage
TD1
TD2
DRP concentrations in tile discharge
remain greater from the no-till field
compared to the tilled field even
after 5 storm events (>1 month)
Storm
Event
TD1
(tilled)
TD2
(no-till)
g/ha
1 12.6 12.4
2 16.5 19.7
3 18.2 129.6
4 54.8 210.3
5 1.7 3.9
6 0.6 1.5
7 2.0 3.8
Total 106.4 381.2
Incorporating the fertilizer
substantially decreased DRP
loads in tile drain discharge
Williams et al, 2015: unpublished
85. P & N losses are impacted by:
STP
Connectivity to water
Placement of P fertilizer
Timing of fertilizer
Rate of fertilizer
Source and legacy effects
Conclusions
86. Potential practices that may help address:
Adherence to tri-state
recommendations or lesser application
Avoiding fall and winter applications
Accounting for manure in nutrient
calculations
Subsurface placement of nutrients
(banding or injecting)
Disconnecting hydrologic pathways
(DWM and blind inlets)
Cover crops – soil health, increase
infiltration, reduce surface runoff, water
quality benefits not clear
Gypsum – limited to concentration
reductions and increased infiltration
Conclusions
87. Working together - Interface between science and implementation
Consider multiple approaches – no simple answer
Science Implementation
Ag Retailers,
Crop Consultants,
Farmers,
Extension, ODA,
NRCS, ARS,
EPA
What is the solution?
88. KEVIN ELDER
OHIO DEPARTMENT OF AGRICULTURE
8995 EAST MAIN STREET REYNOLDSBURG
OHIO 43068
ELDER@AGRI.OHIO.GOV
614/582-7880
Questions?
89.
90.
91. New Regulations for Manure
and Fertilizers in Ohio
Ohio legislature is moving quickly to prohibit
surface application of manure, fertilizers and
bio-solids to frozen and/or snow-covered
ground.
92. Sub. S. B. 1 & Sub. H. B. 61
Both Bills are in response to addressing
Agriculture’s part in contributing to L.E.
Algae blooms and Toledo’s water issues.
Both address Fertilizers and Manures.
Legislation has passed both Senate and
House, but there are differences.
Those differences are still being worked
out.
93. What is in each?
Fertilizer Provisions
(Regulated by ODA)
Sub. S.B. 1
No person in the Western
Basin shall apply fertilizer
on:
Frozen or Snow-covered soil.
When top two inches are
saturated from precipitation.
When the local weather
forecast is predicting more
than one inch of
precipitation in a twelve
hour period.
Sub. H.B. 61
No person in the Western
Basin shall apply fertilizer
on:
Same
Same
When the local weather
forecast is prediction mor
than ½ inch of
precipitation in a 24 hour
period.
94. What is in each? (Exceptions)
Sub. S.B. 1
Unless:
Fertilizer is injected into
ground.
Fertilizer is incorporated
into ground within 48
hours.
Fertilizer is applied to a
growing crop.
Sub. H.B. 61
Unless:
Same
Fertilizer is incorporated
within 24 hours.
Same
95. Enforcement provisions
Director may respond to complaints
May investigate any alleged violations
Does not affect any permitted livestock
facilities. They have their own regulations
in law and rule.
Is currently proposed for all watershed in
the Western Lake Erie Basin.
Is specific to Nitrogen and Phosphorus.
96. Penalties
Director may access a civil penalty.
Penalty is to be established by rules, but not
more than $10,000.00 per violation.
Any alleged person may request a
adjudication hearing
Each 30 day period constitutes a separate
offence.
97. What is in each?
Manure Provisions
(Regulated by ODNR-DSWR)
Sub. S.B. 1
No person in the Western
Basin shall apply Manure
on:
Frozen or Snow-covered soil
When top two inches are
saturated from precipitation.
When the local weather
forecast is predicting more
than 1/2 inch of precipitation
in a 24 hour period.
Sub. H.B. 61
No person in the Western
Basin shall apply Manure
on:
Same
Same
Same
98. What is in each? (Exceptions)
Sub. S.B. 1
Unless:
Manure is injected into
ground.
Manure is incorporated into
ground within 24 hours.
Manure is applied to a
growing crop.
Emergency provisions
provide for written
permission by Chief to
apply following the NRCS
590 standards.
Sub. H.B. 61
Unless:
Same
Same
Same
Same Emergency
provisions. Additional
allowance of time for plan
to come into compliance.
99. Enforcement provisions
Chief may respond to complaints
May investigate any alleged violations
Is currently proposed for all watershed in
the Western Lake Erie Basin.
Does not apply to permitted facilities.
House version has allowances for coming
into compliance plans.
100. Penalities
Chief may access a civil penalty.
Penalty is to be established by rules, but not
more than $10,000.00 per violation.
Any alleged person may request a
adjudication hearing.
Each 30 day period constitutes a separate
offence.
101. Other Provisions
Sub. S.B. 1
OEPA authorized to
coordinate HAB
management and response.
Lead free plumbing
Study contributions of
nutrient loadings on Lake
Erie and Ohio River basins
Monitoring of Water
Treatment Works
Dredge Disposal
Healthy Lake Erie fund
Has immediate enactment.
Sub. H.B. 61
Not in bill.
Not in bill
Not in Bill
Same
Same
Not in Bill
Requires OEPA to develop
similar Sludge rules.
102. What’s Next?
The differences in the two versions will
have to be worked out.
Probably will work on Senate Version.
Is currently being negotiated.
Anticipate passage within month.
103. Now, What’s the Science
behind the proposed laws?
It begins with actions and attitudes of
utilizing nutrients for the crops, minimizing
loss, using the 4 R’s and ACT principles!
4 R’s include’s infield practices of:
Right material
Right rate
Right time
Right place
ACT includes infield, edge of field and
downstream practices of:
Avoid, Control, Treat
104. Probably some of the best summary
of Information on Phosphorus!
http://www.epa.state.oh.us/dsw/lakeerie/index.as
px#126087070-phase-i-information
106. What is the problem with
Nutrient Movement?
By Long Term monitoring of the Maumee
We have discovered that losses of Total
Phosphorus have decreased.
That Nitrogen losses have remained the same
or decreased slightly.
That Sediment loads have decreased.
We have discovered that Dissolved Phosphorus
have increased since the mid 90’s.
That the loss of Dissolved P/acre of watershed
has doubled over last 15-20 years
107. Phosphorus Impacts to Water
Even though DRP has
doubled it is still a low
average between 2 & 4
#/acre and less than
5% of use of a Crop.
Can’t see that…
Hard to measure…
Some losses are much,
much HIGHER!!
121. Time of Application
• Greatest potential for
surface and tile losses
occurs with fall and
winter application
• Applying P in spring or
after wheat harvest
seems to minimize
surface and tile losses
Mehlich3STP(ppm)
0
20
40
60
80
100
120
140
160
180
Time of application
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
0
20
40
60
80
100
120
140
160
180
Surface Losses
Tile Losses
0.56 kg/ha 0.50 kg/ha
0.04 kg/ha
0.50 kg/ha0.06 kg/ha
125. 4-part stratification
• Stratification evident even in the top 1” of soil
(ANOVA, P<0.001, n=232)
• Although the degree of stratification varied some…
• 85% of the samples had some degree of stratification
M3P (ppm)
0 25 50 75 100 125 300
Coredepth(inches)
0-1
1-2
2-5
5-8
Median
60
49
34
26
54.5
Source: Johnson and Baker, Heidelberg University
126. Effect of tillage on preferential flow and
phosphorus transport
TD2
TD1
0 50 100
meters
Drainage area
Tile outlet
Rain gauge
Ohio, USA
UBWC
Soil type: Silt loam
Tile depth: 3 ft
Soil test P: 30 ppm Mehlich-3P
Tillage: No-till
2014 management
May 6th – Applied 175 lb/ac of MAP
May 8th – Tilled field TD1 (disc)
(TD2 remained no-till)
Study Objective
Compare P transport before and
after tillage and between tilled and
no-till fields
128. Tile drain
DRP(mgL-1
)
0.0
0.3
0.6
0.9
1.2
4.0
5.0
1 2 1 2 1 2 1 2 1 2 1 2 1 2
1 2 3 4 5 6 7
Storm event
a a a a
b
a
b
a
b
a
b
a
b
a
P application
& tillage
TD1
TD2
DRP concentrations in tile discharge
remain greater from the no-till field
compared to the tilled field even
after 5 storm events (>1 month)
Storm
Event
TD1
(tilled)
TD2
(no-till)
g/ha
1 12.6 12.4
2 16.5 19.7
3 18.2 129.6
4 54.8 210.3
5 1.7 3.9
6 0.6 1.5
7 2.0 3.8
Total 106.4 381.2
Incorporating the fertilizer
substantially decreased DRP
loads in tile drain discharge
Williams et al, 2015: unpublished data
129. Summary
Nutrients applied on the surface have a
higher risk of movement if a rainfall runoff
event occurs soon after application!
Soils with a high phosphorus soil test have a
higher risk of nutrient movement!
Above the agronomic crop level
The higher the test the higher the potential loss
Tile losses of dissolved P are occurring!
Frozen and snow-covered losses are HIGH!
130. Snowmelt 2015
• Runoff after manure application to frozen and
snow covered ground
• Events from 3/2 – 3/10/15 during snowmelt
146. Mercer County
• In GLSM watershed
• Watershed in distress rules:
– after March first it is permissible to apply manure
on frozen or snow covered ground only when
manure is injected or incorporated within twenty-
four hours of surface application
• Three observed applications of manure on
frozen ground
147. Mercer County – Watershed in Distress
March 6 - Liquid dairy manure being applied to frozen ground without incorporation.
Solid heifer pen pack manure previously applied to area in right of photo.
148. Mercer County – Watershed in Distress
March 6 - Liquid dairy manure being applied to frozen ground and snow covered
ground without incorporation.
150. Darke County
• Three complaints received
• During investigation, SWCD found six fields
with a manure discharge within a
approximately 1500 acre area
154. Darke County
Tile running – tested at 7ppm. With the ground frozen, tile flow would primarily be
from surface receivers and blowholes.
155. Darke County
Chicken litter was applied to the field without setbacks. Discharge observed to the
ditch at bottom right (approximately 50 ppm ammonia).
156. Darke County
Downstream of previous photo. Visual mixing of runoff from two fields. Tea colored, manure
polluted runoff entering on the left. Light brown, sediment rich runoff entering from the right.
158. Darke County
Solid manure applied uphill of this wheat field. Highlighted manure solids are flowing with
runoff water through field and into a tile receiver. Manure is pen pack from steers.
166. Flowing on top of ice into lake
Private Dock
Runoff flowing
on top of lake
surface ice
167. KEVIN ELDER
OHIO DEPARTMENT OF AGRICULTURE
8995 EAST MAIN STREET REYNOLDSBURG
OHIO 43068
ELDER@AGRI.OHIO.GOV
614/582-7880
Questions?
Editor's Notes
-not new, ODNR authority used in past
Not WOTUS
Not a new definition
All three restrictions that follow are from the NRCS 590 standard.
What is snow-covered? Intent – address situation where melting snow would melt with manure and significantly increase the volume of potential polluted runoff
15.05 rule for distressed watershed >1” of snow
If application melts snow, then it’s not snow-covered.
What is frozen? Intent – address situation where infiltration would be slowed by frozen ground, leading to increased runoff
If you can travel on top of wet/saturated soil, then it is frozen.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
Defined in code by watershed
Almost 5 million acres (4,960,000) in
24 counties
All three restrictions that follow are from the NRCS 590 standard.
What is snow-covered? Intent – address situation where melting snow would melt with manure and significantly increase the volume of potential polluted runoff
15.05 rule for distressed watershed >1” of snow
If application melts snow, then it’s not snow-covered.
What is frozen? Intent – address situation where infiltration would be slowed by frozen ground, leading to increased runoff
If you can travel on top of wet/saturated soil, then it is frozen.
What is saturated? –Field test – free water appears when soil is bounced, kneaded, or squeezed.
What source for prediction? How will this be enforced?
Any source of weather prediction is acceptable. Applicator responsible for checking and keeping forecast before application.
In case of complaint, DSWR can get forecast for the day of the application in the zip code from NOAA/NWS. If NOAA forecast shows >50% of ½” in 24h., then application is a violation of law, UNLESS the applicator can show another forecast.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is incorporation? using a tillage tool operated a minimum of 3-4 inches deep
Intent – get nutrient into a growing crop to hold available nutrients in the field
All growing crops? In the summer – green. In the winter – anything that doesn’t winterkill, dormant ok, but green-up necessary.
What about a growing crop under 1’ of snow? OK. Not a violation of the new rules. But, existing rules still apply. Violation if a discharge to WOS.
Exceptions written to encourage best management practices: injection, incorporation, cover crops
Process – contact DSWR and ask for emergency application. Need to justify emergency (i.e. storage is full).
Division can help if need/emergency exists.
Solid manure – manure with bedding (minimum 20% solids) or solid poultry manure
short term storage (8 months or less) of solid manure in the field in which it will be applied
Setbacks for stockpiling recommended in NRCS Waste Transfer 634
Still need to prevent discharge to WOS
Transition from manure to fertilizer. Fertilizer under ODA.
Limited to nitrogen and phosphorus fertilizer
First two restrictions are the same.
Precip restriction is different. More intense rainfall prediction necessary.
Exceptions are identical to manure application
Proposed civil penalty details?
Max $10K per violation in law.
Envision same scaled and tiered format. Envision similar fines b/t fert and manure.
Same appeal process: administrative hearing.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
Red dashed line (0.03 mg/L) is level at which is considered eutrophic
Red dashed line (0.03 mg/L) is level at which is considered eutrophic
Red lines are 0.3 kg/ha (DRP) and 1.3 kg/ha (TP): using OH P task force this is the amount allowable if spread equal over the entire cropped acres in the Maumee watershed
Monthly data from NW OARDC site
Data from NW OARDC site
While sustained organic sources generally have greater losses this is due to legacy effects. Applied at similar rates on a field with like STP the losses will be less from organic sources. Organic sources pose a chronic risk due to legacy effects and inorganic sources pose an acute risk.
Flowing at 15ppm into ditch, flowing around straw and trench
Complaint rec thurs. runoff mon. application out since dec.?
Chicken litter spread in feb., 10 ppm into open ditch on R
Tile running 7 ppm. May have been plugged. Tile flow is primarily from receivers and blowholes
Chicken litter, no setbacks, discharging to ditch,
40 ft downstream of previous. Field on right is sediment. Dark water on L is approx. 50 ppm
Solids and ~5ppm water flowing from application 40’ uphill, across wheats field, into receiver