AFOs, CAFOs and MAFOs Presented by Gary F. Kelman, Chief Animal Feeding Operation Division Maryland Department of the Environment March 9, 2017
Topics 1. Watersheds 2. Definitions 3. New Sources 4. New Construction/Expansion 5. How to Apply for the Permit 6. Technical Aspects 7. Compliance/Enforcement 8. Questions
US Watersheds (Courtesy of San Francisco Public Utilities Commission)
Chesapeake Bay Watershed
Definitions
What is an AFO? Animal Feeding Operation (AFO) Animals stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period. Crops, forage or post-harvested residues are not sustained in the normal growing season over any portion of the lot or facility.
AFO Size Table (MD livestock) Animal Type Cattle Includes heifers) Number of Animals or House Capacity (ft 2 ) Large Medium Small 1000 animals 300 999 animals < 300 animals Dairy Cattle 700 animals 200 699 animals < 200 animals Chickens (other than laying hens) with dry manure handling Laying hens with dry manure handling Chickens with liquid manure handling 37,500 124,999 125,000 animals or 100,000 ft 2 animals and < <37,500 animals 100,000 ft 2 82,000 animals 30,000 animals 25,000 81,999 animals 9,000 29,999 animals < 25,000 animals < 9,000 animals Swine 55 pounds 2500 animals 750 2499 animals < 750 animals Swine < 55 pounds 10,000 animals 3,000 9,999 animals < 3,000 animals
What is a CAFO? Concentrated Animal Feeding Operation (CAFO) A medium or large AFO that discharges or could discharge contaminated wastewater to a surface stream. For Chickens that means at least 37,500 animals for a medium or 125,000 animals for a large. Medium CAFOs must discharge though a man-made ditch, flushing system or other similar man-made device. Large CAFOs are included in EPA s point-source definition and do not need a man-made conveyance to be a CAFO.
What is a MAFO? Maryland Animal Feeding Operation (MAFO) A large AFO that does NOT discharge stormwater containing manure, litter, or process wastewater to surface waters of the State. For chickens that means at least 125,000 animals. MAFO facilities (production and storage areas) must be designed, constructed, operated and maintained to not discharge manure. litter, or process wastewater to surface waters of the State. If a MAFO is found to discharge or that it could discharge pollutants to the surface waters of the State, it can be designated a CAFO.
CAFOs versus MAFOs CAFO Large AFO that can discharge to surface water; OR Medium AFO that discharges through a man-made conveyance EPA or MDE designated MAFO Large AFO that cannot discharge to surface water MDE designated
Regulated Discharges from the CAFO to Surface Waters Includes Manure, litter, and process wastewater Discharges from Production and Land Application Areas not exempt as agricultural storm water. Excludes precipitation-related discharges that qualify as agricultural storm water.
Production Area Animal Confinement Area Manure Storage Area Raw Materials Storage Area Waste Containment Area
Land Application Area Land under the control of an AFO owner or operator, whether it is owned, rented, or leased, to which manure, litter or process wastewater from the production area is or may be applied. Business organization of the AFO does not affect control of the land.
Land Application Area 2 All land application areas under the control of an operator that receives manure/litter must be included in that operation s Nutrient Management Plan.
No-Land/Land AFOs No-land AFOs export ALL manure to a farm they do not control and do not receive manure from a farm they control. This must be documented in the required plan(s) and re-confirmed each year in the Annual Implementation Report (AIR). Land operations use chicken litter/manure (whether the litter/manure originates from their operation or another operation) to grow crops on fields under their control.
Agricultural Storm Water If you apply manure, litter, or process wastewater in accordance with your Nutrient Management Plan to land application areas under your control, then any runoff is allowed. If you exceed NMP requirements, then that discharge is not allowed.
Waters of the State COMAR 26.08.01.01B(103): Waters of this State includes: (a) Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lake, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems within this State, other those designed and used to collect, convey, or dispose of sanitary sewage.
Waters of the State (b) The flood plain of free-flowing waters determined by the Department of Natural Resources on the basis of the 100- year flood frequency.
Non-Tidal Wetland 500-Year Tidal Floodplain 100-YearTidal Floodplain Tidal Wetland
MDE/Local Governments Regulate Non-Tidal Wetlands Tidal Wetlands Non-Tidal Floodplains
Local Governments Regulate Tidal floodplains
New Sources Only applies to Large CAFOs. New Sources can be: A totally new facility; or An addition to an existing facility if it is substantially independent of the existing facility. Most expansions are built with their own stormwater structures and are therefore not connected to the existing facility, so are substantially independent.
More on New Sources New sources should comply with the New Source Design Criteria on MDE s website when designing and constructing their facility.
AFO Design Criteria for Poultry All poultry structures (houses, storage sheds and composters, etc.) shall be situated a minimum of 100 feet from waters of the State.
What s Different for New Source/New Discharge CAFOs? New operations must apply for and receive registration under the General Permit BEFORE they receive animals and start operations. The facility can be constructed, however. YOU MUST BE REGISTERED PRIOR TO RECEIVING BIRDS. New Source Poultry CAFOs are prohibited from discharging any stormwater contaminated with manure, litter, or process wastewater from their production areas via a man-made conveyance (medium) or via overland flow or man-made conveyance (large) to surface waters of the State regardless of the intensity of the storm.
New Construction/Expansion
New Construction/Expansion Basics Prior to construction Site must be large enough to accommodate the number of planned structures, while still being in compliance with federal, State and local regulations: Stormwater management (COMAR 26.17.02); AFO (COMAR 26.08.03.09, 40 CFR Part 122, 412); Zoning (subject to local ordinance)
New Construction/Expansion MDE Permitting 1. Apply for and receive coverage under the General Discharge Permit for Stormwater Associated with Construction Activity from MDE before beginning any construction. Requires local Soil Conservation Districtapproved Erosion and Sediment Control Plan; and Locally approved Stormwater Management Plan. 2. Apply for and receive coverage under the General Discharge Permit for AFOs from MDE before receiving birds (allow adequate lead time). 3. If using more than 10,000 gallons of water per day (annual average), apply for a Water Appropriation Permit from MDE.
New Construction/Expansion During construction Follow approved site plans and stormwater management strategies; Do not modify approved plans without notifying the approval authority. Post construction Must be covered under AFO Permit prior to operating (receiving birds, in the case of poultry)
Acceptable Methods* for Manure Management during Limited MACS Funding: New Construction: Private funding for structures that meet NRCS Practice Standard 313 (Waste Storage Facility); Using one of the new unoccupied poultry houses to store the manure using approved methods in NRCS Practice Standard 313; Transportation to another facility that has manure storage capacity, an alternative use facility, or to a receiving farm compliant with its Nutrient Management Plan (in accordance with NRCS Practice Standard 633 if receiving farm is manure producer); or Methods to reduce the amount of manure needing storage such as windrowing between flocks.
Acceptable Methods* for Manure Management during Limited MACS Funding: Expansion: Private or federal (EQIP) funding for structures that meet NRCS Practice Standard 313 (Waste Storage Facility); Using underutilized manure storage capacity at the existing farm using approved methods in NRCS Practice Standard 313; Using one of the existing or one of the new unoccupied poultry houses to store the manure using approved methods in NRCS Practice Standard 313; Transportation to another facility that has manure storage capacity, an alternative use facility, or to a receiving farm compliant with its Nutrient Management Plan (in accordance with NRCS Practice Standard 633 if receiving farm is manure producer); or Methods to reduce the amount of manure needing storage such as windrowing between flocks.
Acceptable Methods * for Mortality Management during Limited MACS Funding: New Construction: Private funding for structures meeting NRCS Practice Standard 316 (Animal Mortality Facility); Using one of the new unoccupied poultry houses to compost mortalities using approved methods in NRCS Practice Standard 316; Temporary windrowing of the compost mixture recommended by the University of Maryland on the pad where the manure storage structure will be built. Windrow containment will be achieved utilizing wall barriers and tarp coverage whenever rain is expected or occurring; or Freezers as specified under NRCS Practice Standard 316.
Acceptable Methods * for Mortality Management during Limited MACS Funding: Expansion: Private or federal funding for structures meeting NRCS Practice Standard 316 (Animal Mortality Facility); Using existing mortality and/or manure management capacity at the existing farm using approved methods in NRCS Practice Standard 316; Using one of the existing unoccupied or new unoccupied poultry houses to compost mortalities using approved methods in NRCS Practice Standard 316; or Freezers as specified under NRCS Practice Standard 316.
Disclaimer * Disclaimer: MDE is providing this guidance to assist AFO owners or operators comply with federal and State Clean Water Act requirements.
How to Apply for the AFO Permit
Why should a CAFO or MAFO apply for a permit? It is a violation to operate a CAFO or MAFO without this permit. Pollutant discharges to surface or groundwater are not allowed without a permit. Certain discharges of pollutants are allowed if you have a permit: If there is an upset in your system or you are performing maintenance, discharges of pollutants are temporarily allowed if you notify MDE that the upset occurred or you are performing maintenance. Discharges from areas in-between the houses and shed are allowed in accordance with permit conditions.
How do I apply for coverage under the GD Permit? Obtain and complete a Notice of Intent (NOI) form (you may either call us or download the form from our website) Obtain required plans: a CNMP or sufficient NMP/CP combo CNMP = a soil conservation and water quality plan combined with a NMP Mail (or email) completed forms/plans to the MDE address on the form.
How do I obtain a CNMP? Contact your local USDA Field Office Service Center You can find your local office on the NRCS website: https://www.nrcs.usda.gov/wps/portal/nrcs/site/md/ho me/ Assistance to develop your CNMP may also be available from certified Technical Service Providers (TSPs). You can find a list of TSPs on the NRCS website as well. For just an NMP/CP- contact your local Soil Conservation District
Are there Fees for this Permit? Yes, for CAFOs only. They are currently waived until further notice.
What we look for in the application: EPA s Nine Minimum Standards for Water Quality Protection 1. Adequate Storage Capacity 2. Mortality Management 3. Divert Clean Water 4. Prevent Direct Contact of Animals + Water 5. Chemical Handling 6. Conservation Practices (setbacks and buffers) 7. Manure + Soil Testing 8. Land Application Protocols 9. Record Keeping
Permit Registration Process Once NOI and Required Plan(s) are received: MDE performs technical review including a site visit NOI and required plans are placed on the AFO web page for public notification for 30 calendar days, the first 20 days of which the public can request a public hearing; IF no comments, CAFO/MAFO is registered and permit coverage starts Entire process may take up to 160 days, usually much less, once the permit writer starts the review
Technical Aspects
When can a AFO Discharge? No CAFO, new or existing, is allowed to discharge stormwater contaminated with manure, litter, or process wastewater from their production areas to surface waters of the State during a precipitation event under the 25 year, 24 hour storm (about 6 inches in 24 hours on the Eastern Shore, about 5.4 inches in 24 hours on the Western Shore); New source CAFOs cannot discharge stormwater contaminated with manure, litter, or process wastewater regardless of storm size; After MDE notification and approval, registered AFOs can discharge during an upset or during maintenance.
When Can t an AFO Discharge? No discharges of pollutants to surface waters from production areas or land application areas are allowed during dry weather conditions.
CAFO/MAFO Recordkeeping Recordkeeping requirements do not kick-in until you are registered under the General Discharge Permit for Animal Feeding Operations
Logbook Basics It is best to keep all records organized in a logbook, available for inspection by Department personnel upon request. Records/Logbook should be maintained onsite for five years by the permittee.
Compliance/Enforcement
Compliance Who do we inspect? Complaints Registrants MAFOs What do we inspect? Production area Land application area Records Withdrawn Suspected CAFOs
Inspection Findings Inadequate record keeping (not in accordance with permit); Improper composting of mortalities, including composting in chicken houses and manure sheds; Lack of familiarity with the conditions/requirements in the general AFO permit; Lack of familiarity with the commitments in the CNMP. Heavy use pads that have not been swept properly; Not using composter for mortalities but for equipment storage; Out of date CNMPs/NMPs; Not implementing compliance schedule items; Poor maintenance of roads, swales, ditches allowing pollutants to collect that can be washed into waters of the State; Tunnel fan dust; and Did not notify MDE of changes in the permitted operation.
Annual Reporting MDE and MDA have combined their Annual Implementation Report (AIR) forms since calendar year 2011 Reports are due March 1 st of each year Reports are sent to MDA and forwarded to MDE MDA and MDE perform independent AIR compliance/enforcement efforts
Communication Finally, communication between the operator and the Department is VERY important. It can mean the difference between painlessly resolving an issue and being subject to enforcement action or a penalty.
Inform Us When you buy an operation, sell an operation, change operators, build new houses, knock down old houses, build new manure sheds, knock down old manure sheds, add new land, reduce the size of an operation, etc. We will certainly inform you when we find out about it if it is not self-disclosed.
Any Questions? Thank You!
Maryland Department of the Environment Land Management Administration Resource Management Program Gary F. Kelman, Chief Animal Feeding Operation Division 410-537- 4423 gary.kelman@maryland.gov 1800 Washington Boulevard Baltimore, MD 21230-1719 410-537-3000 TTY Users: 1-800-735-2258 www.mde.maryland.gov