CAFO Laws and Regulations

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CAFO Laws and Regulations

• BY
• Dr. Adam Khan
• May 7, 2003 modified on 10/1/ 2009

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Clean water act

• In 1972 as amended in 1977
• Basic structure for regulating discharges of
  pollutants into the state water system

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• Chemical, physical, and biological integrity of
  the Nation's waters" (Section 101).
• .

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• To attain a level of water quality by 1983
• To eliminate the discharge of pollutants by 1985

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• Gave EPA the authority to set wastewater
  standards for industry.

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• Set water quality standards in surface waters.
• unlawful to discharge any pollutant from a point
  source

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Point Source Pollution

• Under CWA a point source pollution must obtain
  NPDES (National Pollutants discharge elimination
  system) permit in order to discharge into the
  waters of U.S

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Article 17 of ECL (Environmental Conservation Law)

• SPDES (state pollutants discharge elimination
  system) permit to create point source to
  discharge into the state water system

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CAFO are considered point source NPDES CAFO
regulation (40 CFR 122.23)

• Confine or feed or maintain 700 or more cows
• Confine or feed or maintain about 200 or more
  cows and discharge into the state water system

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South view farm decision

• Concerned Area Citizens for the environment
  (CARE) brought law suit that South view farm was
  violating clean water act.
• On 9/2/94 U.S. Court of appeal (2nd circuit)
  ruled that the farm was CAFO

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• At issue was the regulatory treatment of liquid
  manure disposal practices on a 2000 cow dairy farm

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• The court concluded that South view Farm was "a
  CAFO operation"
• A point source subject to the permit requirements
  of the Clean Water Act.

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DEC s Regulatory Reform Initiatives of 1995

• Established a CAFO work group that recommended
  the following regulations

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Certified CAFO

• All certified CAFOs must have on site an AEM
  plan
• New CAFO must have certified AEM plan as a permit
  application requirements
• Existing CAFOs allowed 18-24 months to develop
  an AWMP

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NRCS Standard 312 NY

• AEM plan must be developed according to NRCS
  standards 312 NY

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Certified AEM Planer

• AWMP must be developed and certified by a
  certified AEM planer

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AEM Planer

• Passes ASAs international and state exam
• Credentials to ASA for certification as a CCA
• Receives CCA certification
• 5 Module course on Conservation planning

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• 4 days training in March
• Receives provisional certification
• 3 plans to Department of Ag. Markets
  for approval
• Upon plans approval, becomes Fully certified.
• Has authority to prepare and certify plans.

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Design of confinement area

• Confinement area must be designed to prevent
  discharge of waste water except in the instance
  of 25 year 24 hour storm (5 inches for
  Morrisville)