Other important terms can be found at 9VAC25-630-10 

• Confined poultry feeding operation: means any confined animal feeding operation with 200 or more animal units of poultry. This equates to 20,000 chickens or 11,000 turkeys, regardless of animal age or sex.
• Fact sheet or Poultry Litter Fact Sheet: means the document prepared by the department that summarizes the requirements set forth in this chapter regarding utilization, storage, and management of poultry waste by poultry waste end-users and poultry waste brokers.
• Nutrient management plan or NMP: means a plan developed or approved by the Department of Conservation and Recreation (DCR) that requires proper storage, treatment, and management of poultry waste, including dry litter, and limits accumulation of excess nutrients in soils and leaching or discharge of nutrients into state waters; except for a poultry waste end-user or poultry waste broker who is not subject to the general permit, the requirements of 9VAC25-630-80 constitute the NMP.
• Poultry grower or grower: means any person who owns or operates a confined poultry feeding operation.
• Poultry waste: means dry poultry litter and composted dead poultry.
• Poultry waste broker or broker: means a person who possesses or controls poultry waste that is not generated on an animal feeding operation under his operational control and who transfers or hauls poultry waste to other persons. If the entity is defined as a broker they cannot be defined as a hauler for the purposes of this regulation.
• Poultry waste end-user or end-user: means any recipient of transferred poultry waste who stores or who utilizes the waste as fertilizer, fuel, feedstock, livestock feed, or other beneficial end use for an operation under his control.
• Poultry waste hauler or hauler: means a person who provides transportation of transferred poultry waste from one entity to another, and is not otherwise involved in the transfer or transaction of the waste, nor responsible for determining the recipient of the waste. The responsibility of the record keeping and reporting remains with the entities to which the service was provided: grower, broker, and end-user.
• Seasonal high water table: means that portion of the soil profile where a color change has occurred in the soil as a result of saturated soil conditions or where soil concretions have formed. Typical colors are gray mottlings, solid gray, or black. The depth in the soil at which these conditions first occur is termed the seasonal high water table.
• Standard rate: means a land application rate for poultry waste approved by the board as specified in this regulation.

Poultry Growers 

Section 62.1-44.17:1.1. of the Code of Virginia requires that a poultry grower confining 20,000 or more chickens or 11,000 or more turkeys must obtain a permit. The general permit registration statement (application form) can be found here.

A site-specific nutrient management plan (NMP) must be developed by a Department of Conservation and Recreation (DCR) certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia and approved by the DCR.

A permitted poultry grower must follow the conditions outlined in the VPA general permit and their NMP. If the permitted poultry grower does not comply with the VPA general permit then the grower may be required to obtain an individual VPA permit that typically is more stringent.

Poultry Waste Brokers

A poultry waste broker must register with the DEQ using the Virginia DEQ Poultry Waste Broker Registration Form prior to transferring poultry waste. To obtain more information or to submit the registration form, contact the State Animal Feeding Operations Program Coordinator.

A poultry waste broker must also comply with the requirements (also referred to as technical requirements) outlined in sections 9VAC25-630-60, 9VAC25-630-70, and 9VAC25-630-80 of the regulation. Any poultry waste broker who does not comply with the technical requirements may be required to obtain coverage under the VPA general permit.

Poultry Waste End-Users

A poultry waste end-user must also comply with the requirements (also referred to as technical requirements) outlined in sections 9VAC25-630-70 and 9VAC25-630-80 of the regulation. Any poultry waste end-user who does not comply with the technical requirements may be required to obtain coverage under the VPA general permit.

All poultry waste shall be stored to prevent contact with surface water and ground water.

Poultry waste that is stockpiled outside for more than 14 days shall be kept in a facility or at a site that provides adequate storage. Adequate storage shall, at a minimum, include the following:

• Poultry waste shall be covered to protect it from precipitation and wind;
• Storm water shall not run onto or under the stored poultry waste;
• Separated from seasonal high water table by two feet or one foot with an impermeable barrier; and
• For poultry waste that is not stored under roof, the storage site must be at least:
  • 100 feet from any surface water, intermittent drainage, wells, sinkholes, rock outcrops, and springs.
  • 200 feet from an occupied dwelling, not on the permittee’s, the end-user's or broker's property, unless the occupant of the dwelling signs a waiver of the storage site.

Additional requirements must be met when constructing poultry growing houses and poultry waste storage facilities. To ensure compliance with the regulation and general permit requirements, contact the appropriate DEQ regional office prior to construction of poultry growing houses and poultry waste storage facilities.

Requirements related to land application rates, timing, and buffer zone restrictions are detailed in the general permit (9VAC25-630-50) and the technical requirements (9VAC25-630-80). These requirements are virtually identical for the permitted grower, poultry waste broker and poultry waste end-user. Records must be maintained to demonstrate compliance with these requirements, see the Poultry Waste Land Application Records section below for more details.

Permitted Poultry Growers

Permitted poultry growers are required to obtain and comply with a nutrient management plan (NMP) in addition to the conditions found in the general permit (9VAC25-630-50). The NMP must be written by a Department of Conservation and Recreation (DCR) certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia and approved by the DCR.

Poultry Waste Brokers

Poultry waste brokers must comply with the requirements outlined in 9VAC25-630-80 when land applying waste for themselves or for an end-user.

Poultry Waste End-Users

Poultry waste end-users must comply with the requirements outlined in 9VAC25-630-80.

Requirements related to recordkeeping of poultry waste transfers and land application of poultry waste are detailed in the general permit and the technical requirements. Permitted poultry growers, poultry waste brokers and poultry waste end-users are required to record and maintain certain records related to these activities. 

Permitted poultry growers must comply with the requirements outlined in 9VAC25-630-50 when they transfer to another person more than 10 tons of poultry waste in any 365-day period and the requirements outlined in 9VAC25-630-50 when storing or land applying poultry waste. 

Poultry waste brokers must comply with the requirements outlined in 9VAC25-630-60 when they transfer to another person more than 10 tons of transferred poultry waste in any 365-day period and the requirements outlined in 9VAC25-630-80 when storing or land applying poultry waste.

Poultry waste end-users must comply with the requirements outlined in 9VAC25-630-70 when they receive more than 10 tons of transferred poultry waste in any 365-day period and the requirements outlined in 9VAC25-630-80 when storing or land applying poultry waste.

During the most recent regulatory action, new recordkeeping items were added to the VPA Regulation and General Permit for Poultry Waste Management (9VAC25-630-10 et. seq.). The new recordkeeping requirements became effective on Feb. 17, 2021 and affect the permitted poultry growers, the poultry waste brokers and the poultry waste end-users.

The Poultry Waste Transfer Recordkeeping and Reporting Flowchart provides a visual reference of the requirements for each of the entities involved in poultry waste transfers.

Poultry Waste Transfer Records 

When transferring more than 10 tons in any 365-day period, permitted poultry growers, poultry waste brokers, and poultry waste end-users must keep a record of poultry waste transactions. Specific poultry waste transfer record items are listed below for the permitted poultry grower, poultry waste broker and poultry waste end-user. 

Note: The source is the poultry grower or the poultry waste broker. The recipient is the poultry waste broker or the poultry waste end-user.

Permitted Poultry Growers

When a poultry grower transfers to another person more than 10 tons of poultry waste in any 365-day period, the poultry grower must do the following.

Provide to recipient of the transferred poultry waste: 

• the grower name, address, and permit number;
• a copy of the most recent nutrient analysis of the poultry waste; and
• the Poultry Litter Fact Sheet.

Record about the recipient and poultry waste transaction:

• the recipient name and address;
• the amount (tons) of poultry waste received by the person;
• the date(s) of the transaction;
• the most recent nutrient analysis of the waste; and
• the recipient-signed poultry waste transfer records form acknowledging the receipt of the following:
  •  the waste;
  • the most recent nutrient analysis of the waste; and
  • the Poultry Litter Fact Sheet.

Record about the recipient (if not a broker) and poultry waste transaction:

• the locality in which the recipient intends to utilize the waste (i.e., nearest town or city, county, and zip code); and
• the name of the stream or waterbody if known to the recipient that is nearest to the waste utilization or storage site.

Poultry growers shall maintain the records listed above for at least three years after the transaction and shall make them available to department personnel upon request. The transfer records listed above must also be reported, the reporting deadlines can be found in the Reporting Requirements section for Permitted Poultry Growers below.

Poultry Waste Brokers

When a poultry waste broker transfers to another person more than 10 tons of poultry waste in any 365-day period, the poultry waste broker must do the following.

Provide to source of the transferred poultry waste:

• the broker name and address.

Provide to recipient of the transferred poultry waste:

• the broker name and address;
• the most recent nutrient analysis of the poultry waste; and
• the Poultry Litter Fact Sheet

Record about the source and poultry waste transaction:

• the source name and address;
• the amount (tons) of the poultry waste received from the source; and
•  the date(s) the poultry waste was acquired.

Record about the recipient and poultry waste transaction:

• the recipient name and address;
• the amount (tons) of poultry waste received by the person;
•  the date(s) of the transaction;
•  the nutrient content of the waste;
• the locality in which the recipient intends to utilize the waste (i.e., nearest town or city, county, and zip code);
• the name of the stream or waterbody if known to the recipient that is nearest to the waste utilization or storage site; and
• the recipient-signed waste transfer records form acknowledging the receipt of the following:
  • the waste;
  • the most recent nutrient analysis of the waste; and
  • thePoultry Litter Fact Sheet.

If waste from two or more poultry waste sources is commingled or stored then a new waste sample analysis that best represents the commingled waste shall be used to calculate the nutrients available in the poultry waste for land application and shall be provided to the end-user of the waste.

 For waste that is commingled from multiple sources, record the following:

• the original source information; and
• new waste analysis.

Brokers shall maintain the transfer records on site for a period of three years after the transaction. All records shall be made available to department personnel upon request. The transfer records listed above must also be reported, the reporting details and deadlines can be found in the Reporting Requirements section for Poultry Waste Brokers below.

Poultry Waste End-Users

When a poultry waste end-user is the recipient of more than 10 tons of poultry waste in any 365-day period, the end-user must do the following.

Provide to source of the transferred poultry waste: 

• their name and address;
• the locality in which they intend to utilize the waste (i.e., nearest town or city, county, and zip code);
•  the name of the stream or waterbody if known to the end-user that is nearest to the waste utilization or storage site; and
• written acknowledgement (end-user signature) of receipt of:
  • the waste;
  • the most recent nutrient analysis of the waste; and
  • the Poultry Litter Fact Sheet.

Record about the source and poultry waste transaction:

• the source name, address, and permit number (if applicable);
• the amount (tons) of poultry waste that was received;
• the date(s) of the transaction;
• the final use of the poultry waste; (i.e., fertilizer, feed, fuel, or other use)
• the locality in which the waste was utilized (i.e., nearest town or city, county, and zip code);
• the name of the stream or waterbody if known to the recipient that is nearest to the waste utilization or storage site; and
• the method used to determine the land application rates (i.e., phosphorus crop removal, standard rate, soil test recommendations, or a nutrient management plan).

Also see the Poultry Litter Fact Sheet for more details including recordkeeping forms. End-Users shall maintain the records on site for a period of three years after the transaction. All records shall be made available to department personnel upon request. The transfer records listed above must also be reported, the reporting details and deadlines can be found in the Reporting Requirements section for Poultry Waste End-Users below.

 Poultry Waste Land Application Records

Under Permit Requirements 9VAC25-630-50 (Permitted Poultry Growers)

When land applying poultry waste, the following items must be recorded:

• the identification of the land application field sites where the waste is utilized or stored;
• the application rate;
• the application dates; and
• what crops have been planted.

Further details can be found in 9VAC25-630-50. Permitted growers shall maintain the land application records, listed above, on-site for a period of three years after the recorded application is made. All records shall be made available to department personnel upon request.

Under Technical Requirements 9VAC25-630-70 (Poultry Waste Brokers and Poultry Waste End-Users)

When land applying poultry waste, the following items must kept:

• the nutrient analysis of the waste;
• maps indicating the poultry waste land application fields and storage sites;
•  the land application rate;
• the land application dates;
• what crops were planted;
• soil test results, if obtained;
• the NMP, if applicable.

Also see the Poultry Litter Fact Sheet for more details including recordkeeping forms. Poultry waste brokers must comply with the requirements outlined in 9VAC25-630-70 when land applying waste for themselves or for an end-user. End-Users of poultry waste shall maintain the land application records, listed above, on-site for a period of three years after the recorded application is made. All records shall be made available to department personnel upon request.

During the most recent regulatory revision, reporting requirements were added to the VPA Regulation and General Permit for Poultry Waste Management (9VAC25-630-10 et. seq.). The new reporting requirements became effective on Feb. 17, 2021 and affect the permitted poultry growers and the poultry waste end-users. Only slight changes were made to the reporting requirements already established in the technical requirements found in 9VAC25-630-60 for poultry waste brokers. The new reporting deadlines can be found below for each entity affected.

The Poultry Waste Transfer Recordkeeping and Reporting Flowchart provides a visual reference of the requirements for each of the entities involved in poultry waste transfers.

myDEQ Portal

Permitted poultry growers, poultry waste brokers and poultry waste end-users can register and use the external portal to enter and submit poultry waste transfer records.

Permitted Poultry Growers

Permitted poultry growers shall submit their poultry waste transfer records (items listed in the poultry waste transfer records - permitted poultry grower section above) required by the general permit in accordance with the timing outlined in below. 

• Beginning Feb. 17, 2022, upon request by the department, the grower shall submit the records in a format and method determined by the department.
• Beginning Feb. 17, 2023, the grower shall submit to the department, annually, the records for the preceding state fiscal year (Jul. 1 through Jun. 30) no later than Sept. 15th.

Poultry Waste Brokers

Effective Feb. 17, 2021, the poultry waste brokers shall now submit their poultry waste transfer records (items listed in the poultry waste transfer records - poultry waste broker section above) for the preceding state fiscal year (Jul. 1 through Jun. 30) to the department no later than Sept. 15th every year. 

The myDEQ portal is available to submit the annual reports. Poultry growers should continue to use the Poultry Waste Transfer Records Form and Poultry Waste Broker Records Sources Form to document the required recordkeeping items.

Poultry Waste End-Users

Poultry waste end-users shall submit the poultry waste transfer records (items listed in the poultry waste transfer records - poultry waste end-user section above) in accordance with the timing outlined below. The recordkeeping/reporting forms are included in the Poultry Litter Fact Sheet.

• Beginning Feb. 17, 2022, and continuing through Feb. 17, 2023, upon request by the department, the end-user shall submit the records in a format and method determined by the department; and
• Beginning Feb. 17, 2024, the end-user shall submit to the department, annually, the records for the preceding state fiscal year (Jul. 1 through Jun. 30) no later than Sept. 15th.

The myDEQ portal is available to submit these annual reports. End-Users should continue to use the End-User Poultry Litter Transfer Recordkeeping and Reporting Form to document the required recordkeeping items.