Concentrated Animal Feeding Operation General Permit

(CAFO)(Animal Feeding Operations NPDES and Statewide Discharge Permits)

What is the Purpose of this Permit?

The Concentrated Animal Feeding Operations (CAFO) permit is intended to protect both surface waters and ground waters by requiring implementation of Nutrient Management Plans (NMP). NMPs are site specific plans that describe how livestock operations plan to collect, store, handle and apply nutrients at agronomic rates. NMPs also detail best management practices (BMPs) that a facility must implement to prevent impacts to surface and groundwater from all areas of the facility such as barns, milking houses, feeding areas and land application fields. CAFOs must have a NMP certified by the local Conservation District. In addition, as part of the permit application process, CAFO permittees must have their NMP reviewed by The Department of Ecology (Ecology) to ensure it meets the minimum requirements listed in the CAFO permit.

Under the federal Clean Water Act, CAFO's are point sources requiring a National Pollutant Discharge Elimination System (NPDES) permit if they discharge or propose to discharge to State or Federal Waters either directly or through a man-made conveyance. As part of the Second Circuit Court "Waterkeeper" decision, just having the potential to discharge was not enough to require the CAFO permit. A CAFO facility may also voluntarily apply for coverage under the CAFO General Permit. NMPs are also made available for public review.

CAFO's include the following livestock categories:

• Mature dairy cows
• Veal calves
• Cattle other than mature dairy cattle - heifers, steers, bulls, and cow/calf pairs
• Swine
• Horses
• Sheep
• Turkeys
• Chickens (layers and broilers)
• Ducks

Who issues this Permit?

Department of Ecology

What Activities Require this Permit?

Operating a concentrated animal feeding operation that discharges or proposes to discharge to State or Federal Waters (surface or ground).

How Much Will this Permit Cost?

• Permit fees are based on the maximum number of Animal Units (AU) a facility may house under their permit coverage.
• As of this update, the current fees for a non-dairy CAFO range from $205 to $2,059. Dairy CAFO fees are capped at $0.50 per AU not to exceed $1440 for Fiscal Year 2013 and beyond.
• The definition of AU may be found in Chapter 173-224-030 WAC.
• Permit fees are subject to change. Please refer to Chapter 173-224-040 WAC for the current permit fee schedule.

Where Can I Get the Application for this Permit?

The application which is called 'Concentrated Animal Feeding Operation Permit - Application for Coverage', is online and can be downloaded at https://fortress.wa.gov/ecy/publications/summarypages/ecy0407.html.

Do I Need to Include Anything with my Application?

Yes. Include:

1. A topographic map (your facility must be sketched on the map) of your facility and the fields you apply manure, litter or process wastewater to. Wellhead protection areas and field buffers must be included on the maps.
2. A nutrient management plan that meets the minimum elements contained in the CAFO permit. A checklist developed by the Interagency Livestock Technical Advisory Committee (ILTAC) is provided to help ensure that applicants meet the minimum requirements.

Is the Decision on my Permit Dependent on Anything Besides the Information in my Application?

Yes. Your nutrient management plan must be determined to be acceptable by Ecology, with assistance from the Department of Agriculture, before permit coverage is issued. If your plan is determined to be unacceptable, you will receive a detailed letter that indicates what information must be included for your nutrient management plan to be considered acceptable.

How Long Will it Take to Review my Application?

Where do I Submit my Application?

Submit your application and conservation district certified nutrient management plan to:

Department of Ecology
Water Quality Program
CAFO Permit Coordinator
PO Box 47600
Olympia, WA 98504-7600

How Long is my Permit Valid?

Your permit is valid from the date coverage is issued to you until the date of the expiration of the CAFO permit (or the permit is canceled or revoked), which was July 21, 2011. A new CAFO permit will be issued, or the current permit re-issued.

What is the Appeal Process for the Permit?

To file an appeal you, or a third party, may submit the required documentation within 30 days of issuance or receipt, whichever comes later. You must file your appeal with the Pollution Control Hearings Board and send it to the Department of Ecology's Appeal Coordinator. Specifics may also be found in section G19 of the CAFO General Permit.

Notes / Comments:

Legal Authority:

• Chapter 173-216 State Waste Discharge Permit Program WAC
• Chapter 173-220 NPDES Permit Program WAC
• Chapter 90.64 Dairy Nutrient Management Act WAC
• Chapter 90.48 Water Pollution Control RCW
• Clean Water Act, Title 33 United States Code, Section 1251 et seq. 40 CFR 122.23

Links:

• Concentrated Animal Feeding Operation General Permit
• Department of Agriculture Livestock Nutrient Program

Statewide Contact:

* Permit information last updated 2/1/2013.