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<br />, parallel with the flow path in order to demonstrate that the predicted <br />attenuation is taking place. Absent such demonstration, the Division may <br />require the operator to alter the land application rate to ensure that no <br />leaching of nutrients or other pOllutants into the vadose zone or ground <br />water takes place. <br /> <br />(Iv) Applicable water quality standards for purposes of this regulation includes <br />ground water quality standards adopted by the Commission. Where <br />applicable ground water quality standards have not been adopted by the <br />Commission, the Division will establish numerical protection levels based <br />on the existing and any reasonably probable future beneficial uses of <br />ground water, as outlined in section 41,5 (b) of Regulation No. 41 the <br />Basic Standards for Ground Water (5 CCR 1002-41), which need to be <br />, protected in the vicinity of the discharge. <br /> <br />(v) The Division's determination of a numeric protection level pursuant to <br />subsection 81.5 (A) (5) (c) (iv) above, will not be deemed to constitute a <br />ground water quality classification or standard, and will not be binding on <br />any persons other than the operator in question. If the operator or any <br />other interested person disagrees with the numeric protection level <br />determination made by the Division, the operator or tile interested person <br />may petition the Commission to adopt site-specific classification and <br />standards. Any determination made by the Commission during the, <br />hearing process would then become binding on the Division and the <br />operator. At the request of the operator or interested person, the <br />Commission will consider such a hearing to be mandatory and de novo, <br /> <br />(vi) Operators which land apply manure and process wastewater at a rate <br />provided in this subsection 81.5 (A) (5) (c) shall be required to submit a <br />manure and process wastewater management plaPl described in section <br />81.7, which shall include the ,land application plan required under this <br />subsection 81.5 (A) (5) (c). <br /> <br />(6) Other process wastewater disposal methods: If the operator proposes to use <br />innovative methods of disposal prior written approval from the director must first be <br />obtained. <br /> <br />(B) Treatment and Discharge: <br /> <br />If treatment other than land application is utilized prior to discharge to state waters a <br />CDPS permit shall be required for the operation. <br /> <br />81.6 ANIMAL FEEDING OPERATIONS- BEST MANAGEMENT PRACTICES <br /> <br />The following Best Management Practices (BMPs) shall be utilized by animal feeding <br />operations, as appropriate based upon existing physical conditions, and site constraints. Best <br />management practices means, for purposes of this regulation, agivities, procedures, or <br /> <br />12 <br />