Each owner, operator or person responsible for an animal feeding operation shall design, construct, operate and maintain the operation to prevent seepage from animal manure management facilities fom entering waters of the state.
Consideration should be given to soils, geology and ground water where animal manure management facilities are located. Geologic investigations shall be made prior to design and construction of all earthen holding ponds and lagoons to identify the potential for pollution of waters of the state. Information collected from these investigations should be used in the design and construction of animal manure management facilities. Animal feeding operations found by the chief or the chief's designee to have failed to implement best management practices (BMPs) and have caused pollution to waters of the state shall develop, obtain approval, and implement modifications to animal manure management facilities according to the "Field Office Technical Guide" or other methods approved by the chief or the chief's designee.