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CAFO Laws and Regulations. BY Dr. Adam Khan May 7, 2003 modified on 10/1/ 2009. 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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CAFO Laws and Regulations BY Dr. Adam Khan May 7, 2003 modified on 10/1/ 2009
Clean water act • In 1972 as amended in 1977 • Basic structure for regulating discharges of pollutants into the state water system
Chemical, physical, and biological integrity of the Nation's waters" (Section 101). • .
To attain a level of water quality by 1983 • To eliminate the discharge of pollutants by 1985
Gave EPA the authority to set wastewater standards for industry.
Set water quality standards in surface waters. • unlawful to discharge any pollutant from a point source
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
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
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
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
At issue was the regulatory treatment of liquid manure disposal practices on a 2000 cow dairy farm
The court concluded that South view Farm was "a CAFO operation" • A point source subject to the permit requirements of the Clean Water Act.
DEC ‘s Regulatory Reform Initiatives of 1995 • Established a CAFO work group that recommended the following regulations:
Certified CAFO • All certified CAFO’s must have on site an AEM plan • New CAFO must have certified AEM plan as a permit application requirements • Existing CAFO’s allowed 18-24 months to develop an AWMP
NRCS Standard “312 NY” • AEM plan must be developed according to NRCS standards “312 NY”
Certified AEM Planer AWMP must be developed and certified by a certified AEM planer
AEM Planer • Passes ASA’s international and state exam • Credentials to ASA for certification as a CCA • Receives CCA certification • 5 Module course on Conservation planning
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.
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)