ENVIRONMENTAL LAW INSTITUTE RESEARCH REPORT
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HOW WATER POLLUTION CONTROL EFFORTS CAN USE INFORMATION FROM STATE REGULATORY PROGRAMS
Copyright © 1999 Environmental Law Institute® Acknowledgments
The Environmental Law Institute (ELI) prepared this report with funding from the U.S. Environmental Protection Agency (U.S. EPA) under Assistance Agreement ID No. CR- 822795-01. The report does not represent the official views of the U.S. EPA and no official endorsement should be inferred. Contributors to the report included Kenneth Rosenbaum of Sylvan Environmental Consultants and Environmental Law Institute staff Tobie Bernstein, Susan Casey-Lefkowitz, Heidi Hallman, Rebecca Jensen, James McElfish, Matt Mitchell, Sheela Sathyanarayana, Jill VanBerg, and Jessica Wilkinson. Michele Straube of CommUnity Resolution, Inc. and Michele Frome also contributed to the report. ELI gratefully acknowledges the assistance of EPA, USDA, and state program officials concerned with animal operations.
Locating Livestock: How Water Pollution Control Efforts Can Use Information From State Regulatory Programs Copyright©, 1999, Environmental Law Institute®. All rights reserved. ELI Project #941718 ISBN #0-911937-97-8
(Environmental Law Institute®, The Environmental Forum®, ELR®, and the Environmental Law Reporter® are registered trademarks of the Environmental Law Institute.) Table of Contents
Chapter One: Introduction ...... 1
Water Pollution from Farm Animals ...... 1 Regulatory Challenges ...... 2 Study Methods ...... 3 The Report in Brief ...... 3
Chapter Two: Regulation of Animal Facilities Under the Clean Water Act ...... 5
Finding CAFOs: What Facilities Meet the Legal Definition? ...... 8 CAFOs in the Real World ...... 9 Implications for Compliance Efforts ...... 11
Chapter Three: State Animal Pollution Regulatory Efforts Outside of the NPDES Program ...... 13
Broad Water Pollution Laws That Include Animal Facilities ...... 13 Other Programs Specifically Aimed at Pollution From Animal Facilities ..... 14 Two Common Issues ...... 17
Chapter Four: Who Tracks or Regulates AFOs, CAFOs, and Related Classes of Farm Operations? ...... 21
Environmental Regulatory Programs ...... 22 Other Programs With Potentially Useful Lists ...... 25 Other Programs Worth Noting ...... 28
Chapter Five: Strategies for Finding CAFOs and Promoting Compliance ...... 35
Factors Contributing to Program Success ...... 35 Other Factors That May Help ...... 38
Chapter Six: Concluding Observations ...... 41
Appendix A: Notes on State Programs ...... 43
Alabama ...... 44 Alaska ...... 45 Arizona ...... 47 Arkansas ...... 49 California ...... 51 Colorado ...... 53 Connecticut ...... 55
i Delaware ...... 57 Florida ...... 59 Georgia ...... 62 Hawaii ...... 65 Idaho ...... 69 Illinois ...... 72 Indiana ...... 76 Iowa ...... 78 Kansas ...... 82 Kentucky ...... 85 Louisiana ...... 91 Maine ...... 94 Maryland ...... 98 Massachusetts ...... 105 Michigan ...... 108 Minnesota ...... 111 Mississippi ...... 116 Missouri ...... 119 Montana ...... 125 Nebraska ...... 129 Nevada ...... 131 New Hampshire ...... 134 New Jersey ...... 137 New Mexico ...... 138 New York ...... 141 North Carolina ...... 143 North Dakota ...... 147 Ohio ...... 149 Oklahoma ...... 152 Oregon ...... 154 Pennsylvania ...... 157 Rhode Island ...... 160 South Carolina ...... 163 South Dakota ...... 165 Tennessee ...... 169 Texas ...... 171 Utah ...... 174 Vermont ...... 175 Virginia ...... 179 Washington ...... 181 West Virginia ...... 185 Wisconsin ...... 188 Wyoming ...... 192
Appendix B: Table of Acronyms ...... 195
ii Chapter One: Introduction
Public concern is growing about pollution&especially water pollution&from livestock and poultry. Environmental officials are responding. In March 1999, the Environmental Protection Agency (EPA) and the United States Department of Agriculture (USDA) released a Unified National Strategy for reducing pollution from animal feeding operations.1 State and local governments are reacting as well, stepping up their own efforts to address animal-based sources of water pollution.
Some past regulatory responses to agricultural pollution have run into obstacles. Pollution control officials unfamiliar with animal industries have had trouble identifying all the facilities subject to the pollution laws. Farmers used to dealing with extension agents and assistance programs have felt frustrated or threatened by new regulatory programs. Misunderstandings and lack of knowledge have sometimes hampered cooperation between pollution control and agriculture agencies.
To improve the application of pollution laws to animal operations, the Environmental Law Institute (ELI) studied whether and how animal facilities potentially subject to regulation could be located using data from existing state regulatory programs. ELI looked for state programs that regulate places and people that raise, sell, or handle farm animals. It found programs&some having nothing to do with pollution control&that maintain farm lists and other information of potential use to pollution control efforts. ELI also noted some common elements that seem to help farm regulatory programs succeed.
This report presents the finding of ELI’s study. It outlines existing programs that deal with water pollution from animal facilities, and it describes pollution-control and other regulatory programs that generate lists of animal facilities. It also suggests how water quality programs can work with other agriculture regulatory programs to encourage compliance with pollution control requirements. For each of the fifty states, the report appendix describes regulatory programs that may keep information related to animal facilities.
Water Pollution from Farm Animals
Farm animals can be a significant source of pollution. The United States copes with 130 times more animal waste than human waste each year.2 In 1992, the United
1USDA & EPA, Unified National Strategy for Animal Feeding Operations (March 9, 1999).
2Minority Staff of the U.S. Senate Committee on Agriculture, Nutrition, & Forestry, Animal Waste Pollution in America: An Emerging National Problem 1 (1997).
1 States had about 450,000 facilities that confined livestock or poultry.3 State water quality surveys identify agriculture as the leading cause of impairment of rivers, streams, and lakes not meeting water quality goals. About a quarter of the river and stream miles impaired by agriculture have pollution from feedlots.4
Most of the pollution from farm animals is due to manure. However, improper disposal of dead animals also poses a pollution risk.
Animal waste contains several potential water pollutants. It releases basic plant nutrients like phosphorus and nitrogen. Too much of these in surface waters can lead to algal blooms, oxygen depletion, and fish kills. Researchers have linked high nutrient levels with outbreaks of dangerous microbes, like Pfiesteria. Manure may also directly contribute fecal coliform bacteria and pathogens like Cryptosporidium. Some manure also contains traces of hormones, heavy metals, or antibiotics.
Animal waste problems are not limited to water. Odors concern farm neighbors. Bulk manure storage can produce gases like ammonia and hydrogen sulfide at levels that may pose health risks for workers.
In recent years, economic conditions have favored development of larger-scale animal operations.5 Large operations have the potential to create large problems. As farms have grown, so too have suburbs, reaching out from cities into farming areas, bringing residents in closer contact with large-scale animal operations. Together these trends have increased public concerns about pollution and odors from animal wastes.
Regulatory Challenges
Compliance efforts in agricultural settings face special challenges. Some challenges are institutional. Government’s traditional role with agriculture has emphasized assistance and subsidy rather than regulation. This affects the attitudes of both farmers and officials. Farmers expect assistance and some resent regulation. Agricultural officials may see themselves as allies of farmers and may be uncomfortable in regulatory roles. In contrast, environmental officials are generally used to dealing with regulated facilities at arm’s length. When the groups interact, misunderstanding and confusion can result.
3GAO, Animal Agriculture: Information on Waste Management and Water Quality Issues 61 (1995) (GAO/RCED-95-200BR).
4Id. at 10.
5USDA & EPA, Unified National Strategy for Animal Feeding Operations, §2.1 (March 9, 1999).
2 Other challenges are operational. Officials have had trouble locating the kinds of animal facilities to which the pollution laws apply. The USDA National Agricultural Statistics Service’s census of agriculture can describe the scope of the animal industry in a local area, but by law it cannot reveal information about particular facilities. Government agencies such as extension services and the Natural Resource Conservation Service (NRCS) are in contact with many facilities, but to use these voluntary programs as arms of regulation could diminish the trust that these programs require to function well.
Study Methods
This study was designed to help regulators and others interested in the control of animal waste with the operational challenge of locating animal facilities. The authors interviewed state environmental regulators to discover how they had located animal facilities subject to pollution control requirements. The authors then interviewed officials in other agricultural regulatory programs to discover what public records they keep that might be of use to environmental regulators.
To find the agricultural programs, the authors looked at general references including state government directories and worldwide web sites. A search template ensured that the authors did not overlook the most common programs, such as dairy regulation and animal disease control. When the authors contacted programs, besides collecting basic information, they asked for referrals to other regulatory programs. In some states, the authors also searched state statutes, but study resources did not allow this intensive a search in all states.
By taking this approach, the authors have surely missed some programs in some states. Readers are welcome to forward additions and corrections to improve any future editions of this report. However, the authors are confident the report gives a good national overview of state animal regulation programs and the kinds of data they collect.
The Report in Brief
While investigating data held by programs, this study developed a general picture of water pollution regulation programs addressing animal wastes. Chapter 2 of this report describes regulation of animal facilities under the National Pollutant Discharge Elimination System (NPDES) program of the federal Clean Water Act. This state and federal permit program applies to concentrated animal feeding operations (CAFOs) as defined in EPA regulations. EPA estimates that NPDES permits cover only about 2,000 of the 15,000 to 20,000 CAFOs that ought to be operating under permits. This chapter explores why.
3 Chapter 3 describes other state regulatory efforts to address water pollution from animal facilities, not limited to NPDES regulation. Some states address pollution from animal facilities through their general water pollution laws, and some states have other specific laws aimed at animal facilities. These laws apply a variety of approaches to regulate sources, including planning requirements, operator certification, spill reporting, preconstruction review, and permit programs. Chapter 3 gives examples of these approaches and discusses some common issues that states have faced in regulating these sources.
Chapter 4 describes other types of state regulatory programs that have information on animal facilities and people associated with those facilities. Some, such as NPDES stormwater programs, are environmental programs that may occasionally deal with animal facilities. Some, dairy inspection programs for example, are agricultural or public health programs that regulate a class of animal facilities known to produce wastes. Some, such as brand registration or disease reporting programs, are programs that interact with a large class of animal owners including at least some who handle animal wastes. Some, such as garbage feeding programs, are specialized programs that in most states have information on only a few facilities.
Chapter 5 deals with institutional issues relevant to animal facility regulation. It offers strategies for environmental regulators to consider to promote compliance.
Chapter 6 looks at whether states can use existing data to get comprehensive information on facilities that pose pollution concerns. It concludes that existing data lists can be helpful in locating possible polluters, but they cannot give a comprehensive picture.
Finally, for each state, the report appendix lists regulatory programs that generate lists of animal facilities, owners, or related classes of possible interest.
4 Chapter Two: Regulation of Animal Facilities Under the Clean Water Act
Since 1972, federal law has regulated large animal facilities as point sources of water pollution. Specifically, the Clean Water Act requires operators to obtain National Pollutant Discharge Elimination System (NPDES) permits for concentrated animal feeding operations (CAFOs) that may discharge pollutants into surface waters.6 Since 1973, U.S. Environmental Protection Agency (EPA) regulations have defined which animal feeding operations (AFOs) qualify as CAFOs.7 These include very large AFOs (with the waste-producing equivalent of 1,000 or more beef cattle) and AFOs that discharge waste directly into surface water. Even smaller AFOs, alone or in groups, that contribute to the impairment of surface waters may be designated CAFOs.8
The technology-based NPDES permit requires CAFOs to have zero discharge to surface water.9 Note that the Clean Water Act can require facilities to have "discharge" permits even if the facility does not ordinarily discharge, as long as the facility has a potential to discharge.10 The zero-discharge standard is usually implemented through facility design&that is, to get a permit, a CAFO must be designed not to discharge. A
6See 33 U.S.C. §1362(14), defining "point source" of pollution to include concentrated animal feeding operations; 33 U.S.C. §1362(12) defining "discharge of a pollutant" to refer to pollution from point sources; 33 U.S.C. §1311(a) outlawing discharge of any pollutant; and 33 U.S.C. §1342(a)(1) excepting discharges covered by permits.
7The original regulation concerning animal operations, promulgated in 38 Fed. Reg. 18000 (July 5, 1973), defined CAFO indirectly. It declared that animal confinement operations did not need NPDES permits unless they were above a set size or were individually designated as polluters. By implication, these were the concentrated animal feeding operations named in the statute. Current regulations expressly define CAFO. 40 CFR §122.23 & pt. 122, app. B, added by 48 Fed. Reg. 14153 (Apr. 1, 1983).
8The CAFO definition is explained in more detail later in this chapter. The USDA & EPA Unified National Strategy for Animal Feeding Operations identifies those three classes of AFO&(1) significant manure producers, (2) AFOs with direct discharges, and (3) AFOs significantly contributing to water quality impairment&as the priority targets of permitting and enforcement programs. USDA & EPA, Unified National Strategy for Animal Feeding Operations §4.5 (March 9, 1999). A broader national program of education, assistance, and voluntary action will aim to reduce pollution from AFOs generally. Id. §4.1.
9See 40 C.F.R. pt. 412 (effluent guidelines and new source performance standards for feedlots).
10Carr v. Alta Verde Industries, Inc., 931 F.2d 1055 (5th Cir. 1991) (farm that took steps to remedy past discharges and has since had no discharges still has potential to discharge and is in violation of the Clean Water Act for failure to have an NPDES permit).
5 permit may also require animal waste management plans (AWMPs), operator training, record keeping, and reporting of discharges. Permits have an exception allowing discharges during extreme storm events.
The NPDES program focuses on controlling discharges to surface water from point sources&discrete, identifiable locations, such as overflowing manure storage lagoons or drainpipes from barns. Animal wastes can also reach surface water from nonpoint sources, such as a farm field leaching excess manure into a nearby stream, and wastes can move into groundwater, such as when the lining of a manure storage lagoon leaks into a shallow aquifer. Though aimed a point source discharges, NPDES permit provisions may help reduce nonpoint and groundwater pollution.
A basic feature of the NPDES program is state delegation: a state ready and able to implement the program may petition EPA for delegation of that authority. At the time of this study, all but eight states were administering the NPDES program for CAFOs. Alaska, Arizona, Idaho, Maine, Massachusetts, New Hampshire, and New Mexico lacked overall delegation for the NPDES program. Oklahoma had general delegation but was relying on an EPA-issued general permit for CAFOs. Even non-delegated states were often closely involved in implementing the federal program. For example, state agencies in Idaho and New Mexico were inspecting animal facilities for compliance with federal permits, and the state Department of Environmental Protection in Massachusetts was issuing a twin, state-enforceable surface water discharge permit for every federal NPDES permit.
In theory, the NPDES program should be regulating every CAFO in every state, either through EPA-issued permits or through state-issued permits from EPA-delegated programs. All CAFOs should be subject to either a general NPDES permit (one covering a class of similar facilities) or an individual NPDES permit.
In practice, only a fraction of CAFOs actually are subject to NPDES permits. Nationwide, NPDES permits cover about 2,000 CAFOs.11 Perhaps 10,000 very large AFOs shelter enough animals to qualify automatically as CAFOs and so should have permits under a strict reading of the federal regulations.12 Federal regulators estimate that adding to these the direct dischargers and significant contributors to water quality impairment brings the total number of AFOs that should have permits to 15,000 to 20,000.13 This study found that in roughly half the states, no CAFOs have NPDES permits.
11USDA & EPA Unified National Strategy for Animal Feeding Operations, §4.2 (March 9, 1999).
12Id. §4.5.
13Id.
6 Why do so few CAFOs have NPDES permits? The assumption that prompted this study was that CAFOs are hard for regulators to find. That indeed seems to be one cause of the low permit rate. The last section of this chapter explains how the nature of the CAFO definition contributes to making them hard to find.
However, the study also uncovered two other factors that have reduced the permit rate. These have as much to do with the nature of the NPDES program as with the nature of CAFOs.
The first factor is related to the pattern of development of the NPDES program. In the 1970s, the program focussed on permitting large, industrial sources. As the program matured, the nation’s failure to attain water quality goals drove the program to broaden its outlook. In the last ten to fifteen years, the program has paid growing attention to sources like stormwater runoff that were once considered minor or secondary.
Failure to reach water quality goals in agricultural areas, difficulties in dealing with agricultural nonpoint sources, and recent construction of larger CAFOs have all led regulators to rethink the role of the NPDES program in regulating animal operations. The study found a small but significant number of states have only recently decided to issue permits to CAFOs. For example, Pennsylvania is now developing an NPDES CAFO program. Alabama, too, is bringing CAFOs under the NPDES program through a general permit. Other states are still debating whether to regulate CAFOs under the NPDES program. Florida and Texas, both of which already have state laws regulating animal facilities, are considering such action.
A second factor leading to low NPDES statistics is that some states have decided to regulate animal facilities by means other than NPDES permits, usually relying on other state programs. Kentucky, for example, issues state No Discharge Operational Permits to all animal facilities with liquid manure systems. North Carolina regulators are extremely attuned to animal waste issues but have decided to address them through state-law programs that operate independently of the NPDES program. The next chapter of this report gives an overview of the variety of state law programs that the study encountered.
Though the study was not designed to comprehensively investigate state policies on NPDES coverage, almost a quarter of the state NPDES programs reported that they subscribe to the following reasoning:
The NPDES program requires permits for discharges. CAFOs by law may not discharge. Therefore, law-abiding CAFOs do not need NPDES permits.
7 Some states taking this approach, like Ohio, only issue NPDES permits to CAFOs with a history of discharges, relying on best management practices and agricultural pollution control orders for other facilities. Others, like Colorado, seem satisfied to take case-by- case enforcement action following complaints of discharges rather than to impose discharge-preventing standards through a permit system. Still others, like Kentucky and North Carolina, mentioned above, rely on separate permit laws.
Finding CAFOs: What Facilities Meet the Legal Definition?
The term "concentrated animal feeding operation" comes from the federal Clean Water Act, where it is listed as a type of pollution source to be regulated as a point source.14 EPA regulations define the term.15 Informal EPA guidance casts further light on the definition.16
The regulations begin by defining a broader term, animal feeding operation (AFO). An AFO is a lot or facility where animals are kept for at least 45 days out of the year and where no crops, vegetation forage growth or post-harvest residues are sustained in the normal growing season.17 Thus, most feedlots are AFOs; most pastures and ranges are not.
Even though the term is animal feeding operation, the definition extends to places where animals are "fed or maintained".18 Therefore, holding pens or auction yards could be AFOs, though their main purpose is to confine the animals rather than feed them.
The 45-day threshold applies to use of the site rather than to the stay of any one animal. An auction yard used one day each week or a racetrack used 30 weekends a year could be an AFO even if different animals were there each day the site was used.19
The regulations specify which AFOs are CAFOs. An AFO is a CAFO if it meets one of three tests. First, it qualifies if it has enough animals. The basic threshold is 1,000
14Clean Water Act §502(14), 33 U.S.C. §1362(14).
1540 CFR §122.23 & pt. 122 App. B.
16EPA, Office of Water, Office of Wastewater Management, Final Guidance on NPDES Regulations for Concentrated Animal Feeding Operations (Dec. 1995) [hereinafter EPA Guidance].
1740 CFR §122.23(b)(1).
1840 CFR §122.23(b)(1)(i) (emphasis added).
19 EPA Guidance, supra note 16, §2.2.
8 slaughter or feeder cattle or the equivalent polluting potential of other animals. The regulation lists eight specific thresholds for other animals: 700 dairy cattle, 2,500 swine over 25 kilograms in weight, 500 horses, 10,000 sheep or lambs, 55,000 turkeys, 100,000 chickens in a facility with continuous overflow watering, 30,000 chickens in a facility with a liquid manure system, or 5,000 ducks. For an AFO holding more than one type of animal, the limit is 1,000 animal units, with a feeder cow equal to 1 unit, a dairy cow 1.4, a pig 0.4, a sheep 0.1, and a horse 2.0.20
Second, an AFO qualifies as a CAFO if it confines more than 300 animal units (the regulation lists specific thresholds for each animal again, e.g., 300 slaughter cattle, 200, dairy cattle, etc.) and it actually discharges into surface waters. The discharge may be through a ditch or other device that carries pollutants off-site or may be a direct discharge into surface waters that originate outside and flow through the facility. There is an exception for facilities that will only discharge during a 25-year, 24-hour storm event.21
Third, EPA or a delegated state can individually designate an AFO as a CAFO if the AFO is significantly contributing to water pollution. The designation can only come after an on-site inspection.22 AFOs holding animals other than the eight common species named in the regulation may qualify as CAFOs only by individual designation.
CAFOs in the Real World
The federal regulatory definition covers such a variety of livestock operations that it does not cleanly correspond to any single agricultural term in common use. Below are some classes of operations that may include CAFOs.
Livestock farms. Farms where livestock, typically pigs, are confined and fed for most of their lives until ready to be sold are what many people think of when they think of CAFOs.
Feedlots. Operations where livestock, typically cattle, are brought to be fed and fattened in preparation for sale are another common image of CAFOs. Many feedlots are CAFOs, but CAFOs include more than just feedlots.
2040 CFR pt. 122, App. B (a).
2140 CFR pt. 122, App. B (b).
2240 CFR §122.23(c).
9 Pens, corrals, round-up areas, and wintering operations. Facilities where stock are brought in from pasture to be temporarily confined for inspection, branding, or medical treatment; for watering and feeding during harsh weather; or pending shipment may qualify as AFOs or CAFOs. Barns and other totally enclosed structures whose design prevents any possibility of discharge of pollutants are not by themselves CAFOs. But a facility with a mix of open and sheltered structures with a possibility for discharge can be a CAFO even without actual or ongoing discharges.23
Dairies. Dairies that are large enough or that discharge waste to surface water are almost certainly CAFOs. Usually dairies include pasture lands as well as holding areas around the milking barns. The pasture lands, where the animals may do most of their feeding, are not part of the CAFO. The milking barn, if totally enclosed with no anticipated or potential discharge, is not a CAFO.24 The holding area, if it has no crops, forage, or post harvest residues, is a CAFO.25 This is so even if the animals are not fed there.26 A small amount of incidental vegetation growing around what is essentially an open dirt area does not save the area from being a CAFO.27
Stockyards and auctions houses. Areas where farm animals are gathered and confined briefly before shipment, sale, or slaughter may be CAFOs. If the area holds animals for more than 45 days in any 12 months, the area meets one of the two parts of the test for AFOs. (The other part of the test is lack of crops, forage, or post-harvest residues.) The area can meet the 45-day test even though the days are not consecutive and no individual animal remains on-site for more than a few days or hours.28 Once again, the animals do not have to be fed on the site for it to qualify as a CAFO.
Poultry operations. Poultry operations can take several forms. They may raise birds for slaughter, produce eggs, or produce chicks for sale to other farms. With sufficient size or discharge, any of these kinds of operations might be a CAFO. The discharge from a CAFO does not have to be contaminated with fecal matter to be a pollutant. Water contaminated during the handling or storage of dead animals can be a concern at poultry operations.
23See EPA Guidance, supra note 16, §§2.2 & 2.7
24Id. §2.7.
25Id.
26Id. §2.2.
27Id.
28Id. §2.2.
10 Stables. Horses are frequently confined and fed rather than kept on open range or pasture. If a stable houses enough animals or if it discharges waste, it may be a CAFO.
Racetracks, fairs, and rodeos. Just as with stockyards and auction houses, racetracks, fairgrounds, and rodeo grounds may qualify as AFOs if animals are present more than 45 days over 12 months. On occasion, these kinds of places have sufficient potential to discharge to merit regulation.
Unconventional species. The focus of the CAFO regulations is on conventional livestock and poultry, however any AFO may be designated a CAFO based on its potential to discharge pollutants. American farmers raise deer, emu, reindeer, llamas, buffalo, quail, elk, geese, and many other unconventional species. Where these are confined at a facility with potential to discharge pollutants from the animals, the facility may be designated as a CAFO after on-site inspection.
Small AFOs. Almost any AFO is a potential CAFO if it discharges waste to surface waters. That means some very small operations could be CAFOs. Indeed, in a watershed with water quality problems, a group of small, poorly-managed animal operations could be a major concern. Although most small farms are neither CAFOs nor major water quality threats, in some watersheds stopping discharges from small farms is necessary to meet water quality goals.
Implications for Compliance Efforts
The nature of the CAFO definition complicates the work of NPDES officials in two ways. First, officials need to follow a variety of routes to find all the animal facilities of concern. Many state agencies have begun with one or two routes, focussing on dairies or on industrial-scale farms. Ultimately these states will have to use a broader strategy if they wish to locate all facilities with pollution potential.
Second, NPDES officials need to be careful in using terms like AFO and CAFO with officials in other programs. Some state laws use the term CAFO, or terms like "confined animal feeding operation" (also abbreviated as CAFO), but define the term differently from federal law. Other programs use the term CAFO informally to mean a large facility for raising animals. Most people who deal with auction yards, racetracks, or hobby farms do not think of these facilities as CAFOs. Nevertheless, some may be CAFOs under the NPDES definition.
11 12 Chapter Three: State Animal Pollution Regulatory Efforts Outside of the NPDES Program
In the course of gathering information on animal data held by various state programs, the study found a number of non-NPDES state regulatory programs addressing water pollution at animal facilities. Presented below are some observations on the variety of state approaches. The report appendix outlines information on programs in each state.
This chapter does not present a comprehensive description of all programs. Because this study was only designed to find state regulatory programs that generate data, it did not create a comprehensive catalog of state animal pollution programs. The study did not pursue extension and other voluntary programs, nor did it gather information on regulatory programs that do not keep lists of facilities or people involved with animals. For example, the study would ordinarily not have investigated a program simply establishing standards for siting new facilities unless the law also required such new facilities to register, or unless the state had developed a significant list of facilities through complaints of violations. Despite the limits of the study, the observations below may provide some insights into the ways states are addressing water pollution from animal facilities.29
Broad Water Pollution Laws That Include Animal Facilities
Several states cover animal facilities under their general water pollution laws. Sometimes states split their regulation of animal facilities between the NPDES and state programs based on facility size. Kansas, for example, issues NPDES permits to facilities with over 1,000 animals and regulates smaller facilities under its state wastewater laws. Mississippi requires CAFOs to have NPDES permits, while all other "concentrated animal operations"&including all animal feedlots, Grade A dairies, poultry operations with 9,000 or more birds, and swine operations with ten or more sows or fifty or more swine (constructed or altered after 1979)&need state wastewater permits.
Some state laws look to factors other than facility size. Nebraska distinguishes between open-lot feedlots and confined animal feedlots. The former have a potential to
29Readers interested in a listing of state nonpoint source pollution control laws, some of which apply to animal operations, should see Environmental Law Institute, Almanac of Enforceable State Laws to Control Nonpoint Source Water Pollution (1998).
13 discharge, and the state issues them NPDES permits. The latter have no potential to discharge, even in the event of severe storms, and the state issues these permits under state law. Kentucky requires any animal feeding operation with a liquid manure system to have a state No Discharge Operational Permit. Because these operations cannot legally discharge pollutants, Kentucky does not issue them NPDES permits.
Missouri is an example of a state whose NPDES program is combined with a state-law program that covers more than point-source discharges. When the state issues permits to animal facilities, the permits cover groundwater protection and land application practices as well as point source controls.
Some states have groundwater protection programs that extend to animal facilities. New Mexico does not have delegation to issue NPDES permits and has no comparable state program, however its groundwater permit program regulates sources that discharge directly or indirectly into groundwater. That program has issued permits to most of the state’s dairies. Arizona also lacks NPDES delegation, but under its aquifer protection law the state writes general permits for agricultural activities. A current general permit for facilities that confine animals requires them to undertake planning and follow best management practices. South Dakota has NPDES delegation and includes some groundwater protections in the general NPDES permits it has issued for CAFOs. It also has a separate groundwater discharge permit program that regulates new facilities with potential to discharge to shallow aquifers. This program has issued about a half dozen permits to animal facilities.
Other Programs Specifically Aimed at Pollution From Animal Facilities
A growing number of states have regulatory pollution control programs that apply only to animal operations. These programs show huge variety.
What facilities are covered? Some state programs target a narrow slice of the animal feeding universe. Often laws reflect concerns about a particular species. Colorado’s new Housed Swine law, passed by a voters’ initiative, will require permits for housed swine operations with over 800,000 pounds of animals. Virginia passed an act in January 1999 that will bring poultry growers with 200 or more animal units under a general permit system.
Other programs target a universe in some ways broader than the NPDES CAFO program. Maryland’s Water Quality Improvement Act of 1998 will require nutrient management plans from all farms grossing over $2,500 per year or having more than eight animal units. Minnesota’s feedlot program generally covers feedlots with ten or more animal units.
14 Minnesota’s law also illustrates another way that states have targeted their laws: by geography. The Minnesota law applies to feedlots of any size if they are located in sensitive areas. The list of sensitive areas includes shorelands and floodplains. Texas sets a lower threshold size for regulation of animal operations in eight targeted counties, which have large numbers of facilities. An Oregon law allows the state to develop and enforce water quality management plans in rural and agricultural areas (1) affecting water bodies subject to a total maximum daily load (TMDL), (2) affecting a declared groundwater management area, or (3) specified by state or federal law. The state expects to develop such plans for ninety-one watersheds in the coming five years.
Although the federal CAFO definition relies on numbers of animal units or actual discharge to determine coverage, these non-NPDES state programs use a number of other triggers and thresholds. As noted above, a Colorado program looks at total pounds of animals and a Maryland program looks at farm income. Some programs set thresholds based on numbers of animals rather than animal units. Some programs thresholds are tied to waste volumes. Delaware, for example, has a permit program for facilities capable of storing more than 40,000 gallons of waste. Others are based more on technology used at the site than on size. Nebraska has a state program that requires permits for all animal feeding operations that require waste control systems, with different standards for "open lot" and "confined feeding" operations.
What regulatory tools are used? States have used a range of regulatory tools to address animal facilities. A few states have adopted moratoriums on new facilities. Usually this is an interim step to allow development of other regulatory approaches. For example, Mississippi has a moratorium in place until 2000 on construction of new large hog facilities. The moratorium law also empowers counties to pass ordinances to control such facilities. North Carolina has a similar moratorium, expiring in September 1999, to allow counties to develop new zoning provisions.
Mandated planning is a fairly common tool in state programs. Maine’s new Nutrient Management Act requires any farm with more than fifty animal units to have a nutrient management plan. Pennsylvania’s Nutrient Management Act requires farms with two or more animal units per acre to have a nutrient management plan written by a certified nutrient management specialist employed by a Conservation District or a staff member of the State Conservation Commission. Oregon’s agricultural water quality management planning law, mentioned above, allows farms to avoid the restrictions of state-written watershed plans if they develop and follow state-approved individual farm plans. In many states, writing a waste management plan is a prerequisite for obtaining a construction or operation permit.
15 A handful of states require training or licensing of farm operators who apply manure or manage waste treatment facilities. Missouri requires operators of certain large animal wastewater treatment operations to have training, including relevant job experience, and to pass an examination. Illinois requires facilities with over 300 animal units to have a certified livestock manager. Managers of large facilities must have training and pass an examination to be certified. North Carolina certifies operators of farm animal waste management systems and requires them to have a minimum number of hours of continuing training to keep their certification. Oklahoma requires training for poultry facility operators and certification for applicators of poultry waste. Texas’s dairy outreach program requires operators to get training in animal waste management.
Some states require reporting of spills or releases of animal wastes. Illinois requires reporting released from animal waste lagoons within twenty four hours of discovery. Missouri has a similar requirement if spills cross property boundaries or enter state waters. (As noted in the next chapter, states also have general spill or fish kill reporting requirements that might be triggered by a manure spill.)
Preconstruction approval for new or expanding facilities is a common requirement in states that have special animal facility programs. Though most states couple preconstruction requirements with operating restrictions, some programs rely heavily on preconstruction regulation. Idaho requires facilities to submit waste management plans for approval prior to construction. Iowa issues construction permits for "confinement feeding operations," which are fully-roofed facilities that should have no potential to discharge. (Other Iowa animal facilities need operational permits.) Minnesota’s feedlot program, mentioned above, is essentially a preconstruction program. The state issues new or modified facilities ten-month interim permits. If a facility has no discharge problems during this period, it gets a certificate of compliance and does not require a permit to operate. North Dakota requires animal facilities with potential to pollute, including facilities with over 200 animal units, to get preconstruction approval and then reserves the right to inspect them for operational problems. Ohio requires facilities designed for more than 1,000 animal units to get a Permit To Install. Utah issues construction permits for wastewater lagoons. Maryland requires notice to the state of new construction of animal waste storage structures.
Many states address both construction and operation through a permit program. For example, Arkansas has a construction/operating permit program covering facilities that are too small to be CAFOs but have liquid waste management systems. Kansas requires any facility with more than 300 animals to have a construction and operating permit. Missouri has a construction/operation permit program that seems to target the same classes of facilities as the NPDES program. North Carolina requires any person
16 constructing or operating an animal waste management system to apply for coverage under a general permit. The program covers any agricultural farming activity involving 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system.
Rather than a combined construction and operation law, some states have a series of programs that together cover construction and operation. Illinois has set-back and siting standards and requires notice of animal facility construction, has a program requiring pre-construction certification of waste lagoons, and has requirements for waste management planning and operator certification. In Kentucky, facilities need a permit to construct an agricultural waste handling system. New or expanding swine facilities with over 1,000 animal units need a swine waste management permit. Most operations that confine animals require a No Discharge Operation Permit. They also may have to prepare groundwater protection and agricultural water quality protection plans.
Vermont’s Large Farm Operation program currently regulates new construction of farms with more than 950 animal units through a permit system. The permit covers facility operation as well. Existing large facilities must apply for permits, but the state will take a few years to bring those facilities fully into the program.
Two Common Issues
Different approaches for new or modified facilities. A common issue in pollution control law generally, and animal facility regulation specifically, is whether to have different, stricter standards for new or significantly modified facilities. New facilities often can achieve higher standards at lower costs than old facilities. It is usually less expensive to build in pollution controls than to retrofit them.
The Clean Water Act itself is an example of a law with different standards for new facilities. The law directs EPA to establish national performance standards applicable only to new facilities that require the best available technology economically achievable.30 For conventional pollutants, existing facilities may use the best practicable control technology.31 EPA’s effluent guidelines for feedlots declare the best practicable control technology to be no discharge except during 10-year, 24-hour storm events, while the best available control technology allows no discharge except during 25-year, 24-hour storm events.32
30Clean Water Act §306, 33 U.S.C. §1316.
31Clean Water Act §301(b)(1)(A), 33 U.S.C. §1311(b)(1)(A).
3240 CFR §§412.12 & .13.
17 With economic forces encouraging the construction of larger and larger facilities, some states have reasoned that these are both the easiest and most important sites to regulate. The purest example of the result of this reasoning is the moratorium approach, described above. Another example is the siting law, which usually grandfathers existing facilities. The preconstruction laws described above all basically create standards for new sources.
Sometimes the differing treatment of new and existing sources is not a matter of standards but of timing. The Vermont Large Farm Operation program is an example of regulation being applied to new sources and administratively phased in to existing sources.
States with operating permit programs usually apply them to both existing and new sources. The states, like EPA, may impose slightly less strict standards on existing facilities.
The roles of the environmental and agricultural agencies. States have split on whether to regulate animal facilities primarily through their environmental agencies or through their agricultural agencies. Agriculture agencies often have greater knowledge of and contact with farm operations. Environmental agencies have more expertise on water quality and the impact of farm practices. Some agriculture programs are basically nonregulatory and some agriculture officials do not wish to take on regulatory duties. Some environmental programs are strictly regulatory and the officials have trouble mastering the education and assistance roles helpful in working with farms.
About a quarter of the states base some of their farm-related pollution control efforts in their agriculture departments. Oregon presents one end of the spectrum. By state law, the Agriculture Department even implements the NPDES program as it applies to CAFOs. Oklahoma is another state where the Agriculture Department takes the lead. The state does not issue NPDES CAFO permits, but it runs a comparable permit program through its Agriculture Department.
Vermont has NPDES delegation, but the primary regulatory program for animal facilities is the Large Farm Operation program in the Agriculture Department. The Department of Environmental Conservation usually only deals with farms if they have discharges (i.e., violations).
Illinois offers an example of regulatory efforts more evenly split between the environmental and agricultural agencies. The Agriculture Department generally has the programs that deal with facility design, planning, and training. The Illinois Environmental Protection Agency has the programs that deal with discharges, spills, and water quality impacts.
18 Idaho offers another example, but with duties split along different lines. The state Division of Environmental Quality implements a pre-construction review law. The U.S. EPA has written a general permit for CAFOs, but the state Agriculture Department carries out most inspection and enforcement activities through its dairy inspectors. The result is nearly the reverse of Illinois, with the environmental agencies being mostly concerned with reviewing siting and setting standards while the agriculture agency deals with discharges.
Virginia offers an example of using agriculture-agency expertise in what is basically an environmental-agency program. Animal facilities seeking a wastewater permit from the Department of Environmental Quality need to first get the Department of Conservation and Recreation to approve their nutrient management plan. Several other states require some outside agricultural agency (e.g., the Natural Resource Conservation Service, state agricultural agency, state extension service, or local soil and water conservation district) to set standards for, write, or review facility plans.
The most common institutional arrangement is to have the bulk of the regulatory programs in the environmental agency. Indeed, many states have no regulatory program for water pollution from animal facilities other than the NPDES program. Most other states place their regulatory programs, including siting and design programs, in their environmental agency. In these states, the role of the agricultural agency may be limited to advising the environmental agency in setting and implementing standards. Sometimes that role is formally set out in a Memorandum of Understanding between the two agencies.
Increased regulation by agricultural agencies is an experiment whose results are worth watching. Agency officials in states like Illinois, Idaho, and Oregon are happy to tout the advantages they see in their arrangements. States considering expanding their regulatory programs will want to examine these models.
19 20 Chapter Four: Who Tracks or Regulates AFOs, CAFOs, and Related Classes of Farm Operations?
A central purpose of this study was to find out what state programs track animal operations and have data that would be available and useful to environmental officials. As noted in Chapter 2, in most states no one outside the state environmental program tracks the exact class of facilities of interest to the environmental program. However, some programs track classes that significantly overlap with CAFOs or other classes of interest. Having access to these lists may help environmental programs identify sources subject to regulation.
Although states have a long history of incentive programs, extension programs, and other voluntary efforts to promote good agricultural practices, this study did not seek data from voluntary programs. Instead, this study search focused on regulatory programs&ones that impose some legal obligation on facilities. For voluntary programs to be as attractive as possible to the farmer, they need to be separate from the regulatory system. The study therefore assumed that information about farms held by voluntary programs would not necessarily be available to regulators on a routine basis.
The study also generally did not seek information held by state farm marketing or check-off programs. These are programs that levy a fee for every unit of agricultural product sold and use that income to promote the product and assure its quality. Farmers can elect to withdraw from these programs or terminate them, giving the programs a quasi-voluntary character.
Also, the study did not seek information that by law is not available to the public. For example, state arms of the national census of agriculture collect data from individual farms but by law only release aggregate data. As discussed below in Chapter 5, regulators can use such aggregate data to learn general facts about the regulated community. However, these censuses cannot provide lists of individual farms.
In general, this study focused on regulatory programs within state environment and agriculture agencies. The programs found outside these agencies were found largely through referrals from people dealing with livestock operations in the two core agencies.
Lists from regulatory programs tend to fall into two broad classes. Registration- style lists aim to include every person in the regulated class. Report-style lists include regulated persons who come to the attention of the government because of complaints,
21 violations, or special circumstances, usually a fraction of the regulated class. For example, a list of all licensed dairies would be a registration-style list. A list of dairies where inspectors found health code violations would be a report-style list.
In ordinary circumstances, a person looking for animal facilities will find registration-style lists more complete and useful than report-style lists. However, some programs only keep report-style lists, and these can be of some use even if they cannot give a complete picture of a regulated group. Also, even when report-style lists hold little useful information, the compilers of these lists often can provide great insights into animal facility operations. The study tried to find and document both kinds of lists.
The following discussion of programs sorts them into three classes: environmental regulatory programs; other programs likely to have useful lists; and other programs worth noting.
Environmental Regulatory Programs
Chapter 2 of this report described state and federal NPDES programs as they relate to CAFOs, and Chapter 3 of this report presented an overview of other state water pollution programs that regulate animal facilities. This discussion will not repeat those descriptions. This section describes other kinds of environmental programs than may provide routes to finding animal facilities.
Stormwater. Stormwater programs are part of the NPDES program, but usually involve separate staff and offices from the CAFO programs. By regulation, every construction project disturbing five acres or more of land must have a NPDES stormwater permit. Therefore, large new animal facility construction projects should come to the attention of the state’s NPDES stormwater program.
Most stormwater programs do not record details of the purpose of permitted construction projects. Only a few state officials that the authors interviewed, such as those in Wyoming, thought they had enough data in their stormwater permit files to readily pick out animal operations.
However, the stormwater program is a potential source of referrals to animal facility programs. Stormwater officials can flag large new construction projects in rural areas for further investigation by the CAFO NPDES program. If state paperwork laws allow, stormwater officials can specifically ask stormwater permit applicants whether a project involves construction of facilities for holding or feeding animals. Stormwater officials can also inform applicants constructing animal facilities about state-imposed design requirements. A good example of constructive links between stormwater and
22 animal facility programs is in Missouri, where the construction/operation permit program and the stormwater program share information and routinely cross-refer applicants.
Clean Water Act §305(b) and TMDL programs. Section 305(b) programs identify pollution-impaired water bodies; total maximum daily load (TMDL) programs reduce pollution on impaired waterways by imposing tighter limits on point sources and contributing nonpoint sources. With rare exceptions, §305(b) programs keep no data on individual pollution sources. Instead, they lump sources into broad categories such as "agricultural." People working in §305(b) programs may have insights concerning where animal feeding operations are causing particular problems, but they seldom keep data on specific sources.
TMDL programs may be sensitive to individual sources on an impaired water body, but a paradox applies in the case of CAFOs. The usual standard for CAFOs allows no discharge. Therefore, technically, the TMDL program has no reductions to allocate to CAFOs. However, the TMDL people may be aware of nonpoint discharges from animal operations generally, and they may have information about sites that ought to be operating under the zero discharge standard but are not.
Spill or fish kill reporting. As noted in Chapter 3, a few states, including Illinois and Missouri, require reporting of spills from manure lagoons. Other states have more general spill reporting requirements. Facilities sophisticated enough to comply with the spill reporting requirements are probably already aware of their other water pollution control obligations. However, in some states facilities may have opted not to get NPDES CAFO permits because they believed they would have no discharges. Routine review of spill reports is probably worthwhile.
Some state programs require reporting of fish kills. The number of kills traced to animal facilities is small, but the sites involved almost certainly have pollution control problems.
Delaware, Minnesota, and Ohio have fish kill reporting programs in their fish or natural resources agencies. Minnesota gets approximately 450 reports a year. Of these, about three end up being traced to AFOs. Ohio officials estimated they investigate five to ten fish kills a year blamed on AFOs. This study did not routinely search for fish kill programs under state fish or natural resources agencies. More states may have them.
Iowa and Maryland have fish kill reporting programs in their environmental agencies. Iowa’s is connected with the state’s Clean Water Act §305(b) program. Maryland’s is part of the state Emergency Response Program.
23 Air and odors. Many water pollution officials contacted during this study had not looked beyond their agency’s water program for support. Yet animal facilities occasionally come before other branches of a state’s environmental agency. For example, Colorado is implementing an odor permit system for swine feeding operations. But odor and other air-related permits for CAFOs are uncommon. More common are ad hoc investigations of odor complaints. Agencies in several states reported a small but steady number of animal-related odor complaints lodged against farms each year.
The records of complaints seldom include enough information to tell whether a site should be subject to water pollution controls. Therefore, these programs are better a source of occasional referrals than of assembled records. The inspectors who follow up on these complaints should be trained to look for water issues and to refer appropriate cases to the water program.
Solid waste. State solid waste regulatory programs concentrate on hazardous waste and municipal solid wastes. Occasionally, they get complaints about agricultural solid wastes. Most waste programs routinely refer these kinds of complaints to local authorities, soil and water conservation districts, or agriculture officials. Water programs should ask waste programs to also refer complaints about manure management to the water program.
Environmental impact assessment. This study did not look specifically for environmental impact assessment (EIA) provisions affecting livestock. However, it found that one state, Minnesota, requires environmental assessments for large livestock facility construction projects. The Minnesota requirement comes from the state’s environmental policy act. About a dozen other states have such acts, and the offices responsible for EIA compliance may routinely review large projects of all sorts. These offices may sometimes come across CAFO projects that need to be referred to appropriate regulators. However, EIA offices seldom have field staff or special expertise in agriculture; instead they probably depend on referrals from other state agencies to find projects subject to EIA requirements.
Poultry carcass disposal programs. Improper disposal of dead poultry can lead to water pollution and animal heath problems. A few states have specific programs aimed at carcass disposal. In Georgia, for example, the Animal Health Office of the state Department of Agriculture licenses farms to dispose of poultry carcasses. Virginia requires poultry farms to file a Dead Bird Disposal Plan with the state veterinarian’s office describing how the farm will deal with carcasses in the case of a serious disease outbreak.
24 Other Programs With Potentially Useful Lists
The programs presented here develop fairly comprehensive and reliable lists of some subset of the animal facility universe. The information on the lists varies. Some lists may just include names and addresses. Some may include clues as to the numbers of animals present. Seldom do the lists contain information about potential discharges. Nevertheless, they may be good resources in the search for facilities subject to pollution control regulation.
Dairy inspection and regulation. Milk moving in interstate commerce must meet federal health standards. Every state with dairies has a program to enforce those standards. Some states also track dairies for marketing purposes or to regulate milk prices. Many states require dairies that sell milk to be licensed. Almost all states regularly inspect dairies to ensure proper milk handling.
Some states have more than one agency regulating dairies. Public health and marketing functions may be in different agencies, or different programs may oversee milk destined for manufacturing (manufacturing grade or Grade B milk) and milk destined for direct consumption (Grade A milk).
The state agencies responsible for dairy programs usually keep lists of licensed or inspected dairies. These lists are almost always readily available to the public and are quite complete. Milk processors who buy from unlicensed dairies may have their milk seized, so processors are careful to buy only from licensed dairies. Dairies that want to sell milk have a strong incentive to be licensed.
The agencies keeping the lists use multiple sources to verify completeness. Some states require producers to file a report if they begin buying milk from a new source. Many local dairy cooperatives, associations, and marketing organizations share their membership lists voluntarily with regulatory agencies. In addition, officials dealing with dairies will often hear about new operations through word of mouth.
The dairy lists may not say how many animals are present at each farm, but they may include other information related to the size of the dairy, such as the pounds of milk produced in a given period. In any case, regulators need to take care in estimating the number of cattle based on other kinds of information, such as number of milking stalls, milk production, or number of cattle present on a particular date. Since cows do not produce milk constantly, a farm probably has more animals than what the number of stalls might suggest. Dairies buy and sell cows often, and the number of cows may vary from month to month or week to week.
25 Because dairy inspection is relatively frequent, the dairy program can be a valuable ally of other regulatory programs. In Oklahoma, the dairy inspectors also perform inspections for the water quality program. In Idaho, EPA has entered into a memorandum of understanding with the dairy program and the dairymen’s association making the state agriculture department the primary inspection arm for NPDES compliance at dairies.
Combined inspection programs have been hailed for increasing the frequency of NPDES enforcement inspections manyfold. Though no definitive study is available, such programs have been criticized for reducing the severity of enforcement actions. Agriculture inspectors allegedly are more forgiving of violations than environmental inspectors might be. It is beyond the scope of this study to make a judgment on the overall effectiveness of this kind of cooperative enforcement.
Even if the dairy inspectors do not inspect for pollution compliance, they can be valuable in educating dairies about pollution control obligations. They can refer problem farms to sources of advice or perhaps even to the enforcement agency. Because dairy inspectors are already in an enforcement role, they may be more comfortable than other agricultural officials in sharing this enforcement function.
Livestock dealers and markets. Livestock markets are a small and sometimes overlooked subset of the animal facility universe. Federal and state programs regulate dealers and markets for financial purposes, to protect farmers selling to or through the dealers. These programs may have information that can help identify markets and auction yards.
The USDA Packers and Stockyards Program administers federal financial requirements for livestock dealers. In some states, this is the only program that regulates dealers or markets. However, many states impose additional requirements on dealers and therefore require dealers to register with or obtain licenses from the state. The dealer may be a person rather than a facility, and a particular dealer may conduct business at several facilities, so finding the markets using the dealer lists may require asking individual dealers where they conduct sales.
Some states register livestock markets, the physical locations of sales. This may be instead of or in addition to registering the dealers, the persons conducting the sales.
If a registration requirement exists, usually some branch of the state agriculture department handles the program. States usually are happy to release lists of dealers or markets in compliance with the licensing and financial security laws, as a means of protecting farmers.
26 Dealer and market lists usually hold few clues about environmental issues at a site. Sometimes the lists will allow regulators to estimate how many days a year animals are confined at a site based on the number of days the site holds sales. Few lists indicate the number of animals like to be present at a sales. However, some auction yards and sales facilities probably pose environmental concerns. These lists, along with the lists generated by scales inspection programs described further below, offer a starting point for oversight of this group.
Some states require dealers and markets to keep records of buyers and sellers so that livestock movement can be traced in case of disease outbreaks. These records might provide pointers to other animal facilities, but the records are not routinely submitted to the state and are accessible only by requests to individual dealers.
Poultry and eggs. Poultry farmers in many states deal largely with federal programs. The federal National Poultry Improvement Program (NPIP) sets quasi- voluntary standards for hatcheries that breed poultry for sale to other farms. Hatcheries that adhere to these standards may label their poultry as meeting NPIP requirements. The federal government also sets standards for grading poultry products. For meat products, these standards are usually more of a concern for the packing house. For producers of eggs sold in the shell (shell eggs), grading and inspection sometimes take place on the farm.
Many states simply rely on the federal poultry programs. Others have cooperative arrangements with the USDA that allow them to perform grading or inspections. Some states have their own poultry laws.
A few states have programs that require poultry farms to register or file reports. Connecticut, for example, requires farms with more than 10,000 birds to register with the state Department of Agriculture. The registration enables the state to better monitor poultry diseases. Smaller farms may volunteer to have health inspections, which is necessary if they wish to ship eggs or birds out of state. Maine requires testing of farms with known disease problems, and offers voluntary testing to other farms.
Some states have their own egg programs. For example, Arizona has an Egg Office and regulatory requirements for Grade A shell eggs. Georgia has regulations governing farms that sell shell eggs for distribution to consumers. The state attempts to regularly inspect egg farms and keeps the information in a larger database of regulated food-producing and handling facilities. Georgia also requires egg handlers (including farms) not participating in federal shell egg surveillance programs to have a state license. Indiana’s Egg Board does quarterly inspections of the 25 largest egg farms in the state. Maryland requires all egg producers to register. Montana licenses farms
27 selling more than 25 cases of egg per week. New Mexico and USDA share surveillance of shell egg producers for grading purposes. North Dakota has an inspection program for small farms that want to sell eggs to groceries, schools, or other institutions.
Feedlots. A few states have programs that license or register cattle feedlots for commercial or animal health purposes rather than for pollution control. Arizona, for example, requires an operator’s license for facilities keeping more than 500 head. Oregon requires registration and posts a searchable list on the worldwide web. Washington certifies feedlots that wish to avoid certain brand inspection requirements and registers feedlots that accept unvaccinated cattle for slaughter.
Other Programs Worth Noting
The following programs all produce animal-related lists, but the lists may not be as focused or useful as the lists from programs in the previous groups. Some of the lists are broad and include facilities like ranches that own animals but do not confine them. Some of the "lists" are actually collections of documents that could generate a list. For example, many states keep copies of health certificates for all animals brought into the state, filed in chronological order. Some are report-style lists and so offer a scatter-shot view of the potentially regulated class.
Despite these drawbacks, the lists or the programs that make them may prove useful. Some lists may serve as a basis for broad educational outreach. For example, a water quality program might want to send a brochure on best management practices to every registered horse owner in the state. Some programs may be useful more for their referral potential than for direct uses of their lists. For example, a disease inspection program may have people in the field at animal facilities everyday who could help educate owners or spot potential problems.
Disease testing and reporting. Almost every state has requirements for reporting outbreaks of particular animal diseases. Usually the reports go to the state veterinarian or to an agency under the veterinarian’s supervision. In a few states, the reports may be sent to either the state veterinarian or to USDA, so no single official keeps a complete list of reports. Sometimes these lists are basically generated by reports of independent veterinarians; sometimes they reflect inspection efforts of state veterinarians as well. Though the study did not generally investigate agricultural marketing programs, in at least one state, Idaho, the study found an agricultural marketing program collecting disease information.
In most states, the disease report list will not be highly useful in identifying the universe relevant for pollution control purposes. The lists are frequently small. The
28 records in many states are on paper and not easily searchable. The information in each report may tell little about the nature of the facility or number of animals present, beyond the nature of the disease outbreak.
On the other hand, some states make an effort to sort reports by herd and maintain individual herd files. Michigan goes one step further, requiring owners of cattle, swine, and certain other livestock to register. The state assigns herd identification numbers and collects data on number and type of animals. Herd files will include cattle ranches and other operations that do not confine animals, but some of the listed facilities may be subject to NPDES or state pollution controls.
Rather than rely on reports of outbreaks, some states have routine disease testing requirements. These may require periodic testing and reporting on all of a particular species of animal, or they may require such testing and reporting on particular occasions. For example, Georgia requires routine testing of pigs, cattle, sheep, and goats when sold. Maryland requires testing of horses within one year of purchase, though most buyers insist on the test before purchase. Missouri has testing requirements upon sale for pigs and cattle and testing upon sale, public show, boarding, and other circumstances for horses. Several states require routine testing and reporting on dairy cattle, where there is a potential for spreading disease to humans through milk.
Some states perform broad-scale testing in response to disease outbreaks. Michigan tests virtually every cattle herd in a portion of the state known to have tuberculosis problems. Wisconsin aims to test every animal facility within one to five miles of each reported disease outbreak.
Animal imports. As part of a federal program implemented cooperatively with the states, persons moving livestock across state lines for purposes other than immediate slaughter must get a health certificate. A copy of the certificate must go to the destination state. Usually, the state veterinarian or someone under the veterinarian’s authority keeps copies of these certificates.
The health certificates are often kept as a paper file. The certificates usually indicate the origin and planned destination of the animals and their number. Ordinarily they do not directly state what kind of facility is importing the animal.
Some states require persons importing livestock to get a separate permit. These permit requirements often focus on one or two kinds of livestock and sometimes only on imports from areas with known disease problems. These permit programs appear to generate more detailed, better-maintained databases than the import certificate programs.
29 From the pollution control standpoint, these programs might generate lists that could be used in general mailings about livestock pollution concerns. These lists will not give a complete list of livestock ownership in the state nor will they give many clues about animal facility size or operation.
Brands. Livestock branding laws in this country are surprisingly varied. Most states have some mechanism for registering brands and other identifying marks used on cattle, horses, and other large animals. In at least one state, Texas, brand registration is a county function. In many states, particularly in the east, brand registration is voluntary. In some other states, all livestock must carry a registered brand. Some states require owners to renew brands every few years, while others keep registered brands on the books indefinitely. Most far western states have brand inspectors who verify ownership at sales, as described below.
Brand records typically identify the name and address of the brand owner and the type of livestock being branded but otherwise tell little about the nature of the owner’s activities. States usually make available a paper reference of registered brands, called the brand book. Many states have computerized their brand records to facilitate searching.
Brand records have limited use for pollution control. They will shed no light on waste discharges or animal numbers at particular sites. They will not lead to facilities like auction yards or racetracks where the owners of the facilities may not own the animals. The brand book lists may be useful for general outreach on livestock pollution concerns. In some states, where brand records are on computer, they may be easier to work with than import records.
Animal sales and brand inspections. A few states require buyers or sellers to report certain livestock sales to the state. As mentioned above, some states require reporting of disease tests upon sale. At least one state, New York, requires buyers and sellers to keep records of all animal sales. New York does not ordinarily collect this data, but may access it as necessary to track and limit disease outbreaks.
Like the animal import and brand registry programs, sales reports will generate very broad lists. Many animal owners and dealers on the lists will not operate facilities subject to water pollution laws.
Most western states require an official brand inspector to verify the seller’s ownership of the animals. For example, in Montana the Brand Enforcement Division’s inspectors try to collect information on every sale or out-of-county movement of cattle, horses, sheep, and "alternative livestock" such as elk and deer.
30 Brand inspection programs are probably more important for their inspectors than for their lists. Brand inspectors may have considerable contact with persons who keep animals. Inspectors might be helpful in alerting facilities or regulators to potential pollution problems.
Animal registration or census. Few states require registration of individual animals, and most censuses do not release information on individual facilities. There are some minor exceptions, though. For example, Indiana tracks stallions to allow enforcement of racing laws that have specific provisions for Indiana-sired horses. Arizona registers all horses. Massachusetts municipalities are supposed to send the state annual "barn books" listing the number, type, and location of livestock facilities. From time to time Rhode Island compiles a complete directory of farms of five acres or more, plus some smaller farms, with information on what they produce. No two of these programs are alike; different lists will have different usefulness to pollution control officials.
Stables. A handful of states register horse stables. Most programs apply only to stables offering horses for hire. For the pollution control purposes, these may not be the facilities of greatest interest, but the programs do keep lists. States with stable programs include Georgia, Maryland, Massachusetts, and Texas.
Non-traditional livestock. A relatively small number of farms keep unusual livestock, such as bison, llamas, deer, elk, reindeer, ostriches, or emus. The NPDES CAFO definition does not set animal unit thresholds for these kinds of farms. They can only be designated CAFOs after individual inspection.
Some states track specific kinds of non-traditional livestock operations. Maine licenses deer farms. Montana licenses any facility that possesses game animals. North Dakota licenses operations that confine non-traditional livestock or birds. South Dakota requires a permit for possession of deer and certain exotic mammals. Michigan keeps herd files on 350 herds of animals in the deer family.
Tax registration. The study found little evidence of states taxing livestock directly or of tax programs that produce usable, public lists. (That may be an artifact of the focus of the search on environmental and agriculture programs.) Nevada does have a tax on livestock, and counties share their tax lists with the state. Given the traditional privacy of tax information in this country, taxpayers would probably object to state regulatory programs using such data.
Real estate taxes and valuations have a history of being public information in many states. Some states (e.g., Massachusetts) have programs designed to grant
31 property tax relief for owners who make commitments to keep lands in agricultural use. However, these programs may cover too broad a range of farms to be helpful in locating animal feeding operations.
Some states (e.g., Maine) have programs allowing tax relief for farm investments in pollution control. These programs may generate lists, but operators sophisticated enough to seek tax breaks are probably already working within the regulatory system.
Water use. Most western states require persons tapping ground or surface water to have a permit or otherwise register their use. Many states require permits for sinking wells. Because those withdrawing water must put the water to a "beneficial use" to claim a water right, the state often records the purpose of the water withdrawal. The categories noted may be broad (e.g., agricultural, municipal, or industrial) in which case the list of water users may offer few clues to which are confining animals.
However, some states do collect more detailed information. Oklahoma, for example, routinely asks applicants to fill out a questionnaire related to the pollution impacts of the water use. The current version asks facilities that identify themselves as animal feeding operations whether they intend to apply for a pollution control permit. Simply asking the question helps educate facilities about their obligations. Nevada does not have a specific feedlot category, but it does note which appropriations are for watering livestock. The permit applications ask persons to state the number and kind of animals to be watered.
Water laws tend to be more enforcement-oriented in the West, but every state should be alert to possible water-use laws that might flag livestock operations. Vermont, for example, has a program regulating the construction of farm dams and ponds. In every state, animal facilities drawing water from surface sources may need to build intake works that come to the attention of the Clean Water Act §404 program or the state equivalent.
Weights and measures. Most states have programs to inspect and certify the accuracy of devices in commercial use that measure the weight or volume of goods to be sold. Scales and gasoline pumps are typical examples. Not all such devices are covered, however, and the specifics of state programs vary. Occasionally, inspection and record keeping are left to the counties and municipalities or to licensed private firms.
Livestock are routinely weighed prior to sale and many states inspect livestock scales. Auction yards and stockyards usually have inspected scales. On occasion, farms do as well. State weights and measures programs, often part of the agriculture
32 department, have fairly complete lists of all regulated scales. At best, state lists will identify which scales are used for weighing livestock. They probably will have little information on the nature of the facility owning the scales, and identifying facilities that ought to have pollution control permits from the face of the list will be difficult.
At least one state, Vermont, inspects the accuracy of tanks used to measure milk volume.
Weights and measures programs usually send inspectors into the field (although some states allow private contractors to certify scales). This presents an opportunity for cooperative enforcement. Scale inspectors, like dairy inspectors, may be able to steer animal facilities they encounter into compliance programs. No state in this study appeared to be using its scale program in this way.
Garbage feeding. Federal law outlaws the feeding of garbage to swine unless the garbage is properly treated to kill disease agents and the operation is licensed by a state. Many states simply outlaw garbage feeding. In that case, the state may have a file of complaints and investigations. This is likely to point to a few farms or, instead, to the sources of garbage, such as institutional kitchens and food processors. The states that do grant licenses typically have only a handful of license holders, but there are a few exceptions. Texas has over 1,400 licensed facilities.
One state, New York, attempts to regularly inspect all swine facilities above a certain size to search for evidence of garbage feeding. The law apparently does not require swine facilities to register with the inspection program. The state has built its list of farms from various sources.
Organic certification. Although this study searched for state organic certification programs that might generate lists of farms with livestock, this category produced little of use. Only a few states run certification programs, and only a few certified farms focus on livestock. The USDA has proposed national standards for organic certification that include standards for livestock.33 These rules would allow either private agents or state officials to certify farms. When the rules become final, perhaps they will boost consumer interest in certified organic meats and encourage development of more state certification programs.
Tracks & fairs. Some states have agencies that regulate horse and dog racing. Some states own fairgrounds and racetracks that may be pollution sources.
33See 62 Fed. Reg. 65850 (Dec. 16, 1997).
33 Kennels. The study did not find reports of kennels being regulated under NPDES CAFO programs, but animal waste from cats and dogs is certainly capable of causing water quality problems. Some states regulate or license pet stores and boarding and breeding facilities.
Animal welfare. Most states outlaw cruelty to animals, but enforcement is typically a local matter. Even in states with a central office for fielding complaints, the data gathered does not appear particularly promising for locating animal facilities. If such programs have inspectors in the field, though, the inspectors should be asked to refer possible pollution problems.
Crimes. At least two states, Montana and South Dakota, have offices devoted to investigating criminal violation of livestock or agricultural laws. These kinds of programs produce very limited lists, and often they cannot release the names of facilities subject to active investigations. The investigators may occasionally come across possible pollution concerns that they can refer to counterparts in environmental agencies.
34 Chapter Five: Strategies for Finding CAFOs and Promoting Compliance
In the course of speaking with environmental and agricultural officials across the country, some patterns emerged among the programs that appeared to be more successful in identifying animal operations subject to regulation. These common traits are described below.
Factors Contributing to Program Success
Understanding the animal industry’s extent and nature. Some programs have worked to get an idea of the number of animal facilities in the state, even if they do not know where all the animal facilities are. The programs have gone to sources like the USDA National Agricultural Statistics Service’s census of agriculture to get general data on farms, ranches, and feedlots in the state. They have talked to state agriculture officials, extension offices, conservation districts, and farming associations to get a sense of both the numbers and kinds of operations in the state.
Using resources strategically. Every program makes choices on how to use limited resources. Obviously, elected officials shape the outlines of programs, including their staffing, levels, funding, and overall objectives. But in taking specific actions, agency officials often exercise a fair amount of discretion. Some programs have thought a great deal about how to use their limited resources purposefully. They have sought to target sources that give the largest or most critical improvements in water quality.
No single resource allocation strategy will work for all states, but there seem to be some common elements of thoughtful strategies. Some states began their programs regulating one class of "easy" facilities and are expanding to "harder" facilities as resources allow. For example, a state might begin with a group like dairies, which are already heavily regulated and easily located and inspected, and then expand to cover large cattle feedlots and swine farms. Some states are working hardest to reach new facilities before construction, while gradually phasing in regulation of existing facilities.
Some states are making geographic choices. A state faced with setting TMDLs may have to concentrate extra effort on impaired watersheds. A diligent search to locate all sources in the watershed may be the only fair, effective way to reach water quality goals.
35 Programs that focus on one class of facilities still need to stay prepared to regulate facilities in other classes. A program that arbitrarily limits itself to one class of facilities could miss some significant opportunities to reduce pollution.
Under the federal definition, some CAFOs only come under regulation if they are visited and designated. Some states have mechanisms for finding problem sites. The approach may be as simple as relying on referrals from other programs. In some circumstances, such as dealing with a badly impaired watershed, it may involve an intensive search for problem AFOs.
Cooperating with other programs. Effective officials keep in contact with others in the agency who can help their programs. They get notice of large rural construction projects from the stormwater program. They share insights with the people working on TMDLs in rural watersheds. They talk with the people working on agricultural nonpoint sources. They ask the air quality people to send them copies of odor complaints.
Environmental programs can benefit from good relations with agricultural programs. Agricultural programs have more knowledge about local operations, more years of experience, and more eyes in the field than state water pollution officials are likely to have by themselves. If a state has a farm pollution control program based in the agriculture department, the state NPDES program should have some sort of cooperative relationship with the program, perhaps even embodied in a formal memorandum of understanding or a statutory provision.
Environmental programs can also build bridges to state extension agents, veterinarians, and others who frequently work in the field. The point here is not to turn these people into inspectors, but to be sure they understand pollution control obligations. They in turn can educate the people they meet in the field.
One open question is the role agricultural agencies should actually take the enforcing pollution control laws. As described in Chapter 3, some states have agriculture agencies operate virtually their entire animal facility pollution control program. Some rely on the agricultural agencies to deal with pre-release issues (siting, construction, and even operator licensing) while the environmental agencies deal with enforcing discharge limits. Some draw the line between advice and compliance assistance (with agriculture) and regulatory and enforcement functions (with environment).
Advocates of more involvement of agricultural agencies point to these agencies’ greater knowledge of the farming community and farming practices, better communications with the farming community, and more eyes in the field able to find
36 problems. It is beyond the scope of this study to recommend the best role for agricultural agencies in water quality programs. The answer may well depend on the circumstances in each state. Perhaps a future study could evaluate the effectiveness of various state programs and shed more light on this issue.
Cooperating with nongovernmental agricultural organizations. Many programs also reach out to non-governmental farming organizations, such as the cattlemen’s or dairymen’s associations. In some cases, the farming organizations have even entered into agreements with the pollution control programs about standards, best management practices, or the structure of enforcement efforts. Larger farms, which tend to wield influence in the farming organizations, often support promoting uniform good practices among their smaller competitors. If approached in a straightforward manner, these organizations can make real contributions towards educating members and encouraging compliance.
Cooperating with local officials. Environmental programs can draw support from local groups and government. Local soil conservation districts can be effective in reaching the regulated community. Local governments, particularly in areas where growing urban populations are coming into contact with farmlands, may be especially sensitive to farm odor and water pollution issues. Local government officials, from sheriffs to town clerks, can be sources of referrals. These sources are unlikely to help unless they know about the pollution control program, understand its purpose, and trust the people running the program.
Cooperating with non-agricultural state agencies. State fish and game officials may know about farms that have contributed to fish kills or declining fish habitat. The state engineer may be able to flag recent applications for water use for livestock. The state commerce department may send inspectors twice a year to sites with livestock scales, or it may have public records of loans or other commercial transactions using large livestock holdings as collateral. The state motor vehicles department may be able to "piggyback" an informational mailing on water pollution with state registration renewal notices for horse trailers or other animal-related farm vehicles. The state coastal zone program may have special insights about conditions near the coast.
Cooperating with the federal agencies. The Natural Resource Conservation Service knows a great deal about common local practices and can help to educate farms about pollution control. The USDA Packers and Stockyards program may have the locations of auction lots and livestock markets. The Animal and Plant Health Inspection Service may track large herds in the state for disease. The U.S. Geological Survey may share information about water use for livestock. The National Oceanographic and Atmospheric Administration may be able to identify land-based sources of coliform bacteria near shellfish beds.
37 Other Factors That May Help
The factors noted above are ones more or less under the control of the implementing agency. Below are two other factors that seem to influence success but that are generally less under the agency’s direct control. One is public support. The other is creation of incentives to abide by regulation, some of which may require new legislation.
Public support. Programs with broad public support tend to have better knowledge of the regulated community than programs without support. Part of this is a matter of agency budgets. The legislatures and agencies put effort into programs that the public thinks are important. Thus, states like Maryland and North Carolina with highly publicized pollution problems linked to agriculture have put more effort into designing farm pollution programs than states without such high-profile problems.
Part is a matter of public education. Farmers in states with high-profile problems are probably more aware of what their pollution control practices ought to be. Citizens are more sensitive to pollution from farms and are more likely to register complaints.
Part is a matter of support from collateral agencies. For example, an Idaho law requires certain livestock facilities to get pre-construction approval from the state environmental agency. Officials report that compliance has been best in counties where residents are concerned about pollution and local governments refuse to grant building permits until the facilities have the necessary state environmental approval.
Incentives. Some agricultural programs have great compliance because of built- in incentives. For example, every state has a good list of commercial dairies. Milk processors know that if they buy milk from an unlicensed or uninspected dairy, their entire stock of milk is subject to seizure. The processors are careful only to buy from dairies in compliance, so commercial dairies have a tremendous incentive to enter the regulatory program. Incentives are not as universal in CAFO programs, but there are possibilities for creating incentives.
Some state right-to-farm laws allow livestock operations in compliance with CAFO and other laws to claim defenses to nuisance suits from neighbors. This study did not try to evaluate the effectiveness of this incentive, but states might think about trying variations on this idea. Being in compliance could bar nuisance suits or raise the burden of proof on the complaining party. Being in violation of requirements could raise a presumption of causing a nuisance or could be considered a nuisance per se.
The USDA-EPA Unified National Strategy for AFOs suggests some other incentives for CAFO compliance. These include allowing small CAFOs with a history of
38 compliance to exit the regulatory program, allowing AFOs an opportunity to make a good faith effort to stop discharges before designating them as CAFOs, and granting tax incentives and other financial assistance to AFOs trying to implement comprehensive nutrient management plans.34
States could try still more options. Product certification is one such untested incentive. States could allow food produced in compliance with clean water programs to carry a special "Green Farming" label. Public education would encourage consumers to buy certified foods. Strong penalties for mislabeling would encourage participating integrators, distributors, and retailers to be sure their suppliers were in compliance.
Another idea is to expand the liability for agricultural pollution problems to a larger class of persons. When a facility releases hazardous substances, federal law assigns liability not only to the person who owns the facility, but to generators, transporters, land owners, and others with ties to production of the waste.35 This system creates tremendous incentives for pollution prevention. By rough analogy, the law could make integrators, dealers, or wholesalers jointly liable for the civil liabilities and damages caused by water pollution violations. This idea makes particular sense in the case of integrators. These are large food companies that contract with many producers, often own the animals that the producers are raising, and wield considerable influence over how the animals are kept. Sharing liability would give these companies a powerful incentive to promote compliance among producers.
In areas where the volume of waste exceeds the need for manure-based fertilizer, one possibility is some variation of a take-back system. The law would require responsible persons to accept waste from the producers and dispose of it lawfully. In a consumer-product take-back system, the law gives responsibility to the persons who sold the product that generated the waste. In theory, the law could require feed suppliers to accept waste from farms. Another option, probably more practical in the farm setting, would be to require integrators to accept waste from any farm that raises their animals.
For programs that suspect a large number of animal facilities are operating outside the regulatory system, an amnesty program might be a popular and workable incentive. The state could forgive past minor noncompliance at facilities that apply for permits during the amnesty period. For facilities not coming forward, the state could increase penalties for violations it discovers after the amnesty period.
34USDA & EPA, Unified National Strategy for Animal Feeding Operations, §4.7 (March 9, 1999).
35Comprehensive Environmental Response, Compensation, and Liability Act §107, 42 U.S.C. §9607.
39 40 Chapter Six: Concluding Observations
One aim of this study was to answer the question, can NPDES programs use existing state-held data to find CAFOs? The usefulness of existing data varies from state to state. In the end, although existing data can be helpful, agencies will have to take most data sets as starting points for further investigation.
A basic problem in finding facilities subject to NPDES regulation stems from the nature of the CAFO definition. For small to medium-sized facilities, a regulator must find out whether the facility has a discharge or is contributing to water quality problems before the regulator can decide that the facility needs a permit. Some states apply NPDES rules only to discharging facilities. The dairy lists provide a good example of what this definitional issue means in practice. Every state has a fairly complete list of commercial dairies. Some lists have only the names and locations of the dairies, but some have data on site capacity or the number of animals present.
With the best of these lists, an NPDES program will be able to decide which dairies have more than 1,000 animal units, which have 300 to 1,000 animal units, and which have under 300 animal units. The list is unlikely to tell the NPDES program which dairies have direct discharges to surface water or are contributing to water quality problems.
Therefore, applying the federal CAFO definition, a regulator working from a good dairy list can only identify dairies with over 1,000 animal units as clearly needing permits. Smaller dairies will need site visits or interviews with the site operators to determine which sites need permits. The lists will be helpful in identifying farms that need further evaluation, but the lists cannot by themselves identify all the dairies that are CAFOs.
Other lists will contain even less information about sites and may include a higher proportion of facilities that are not subject to regulation. A list of all the farms, herds, or animal owners in the state will require a process of winnowing to reduce it to a list of facilities subject to water pollution programs.
This report identifies kinds of lists, but more importantly it identifies the processes that produce and maintain the lists. Regulators will often find the processes and programs behind the lists more useful than the lists themselves. The dairy list will not disclose which facilities have pollution problems, but the state dairy inspectors might know this. The state disease reports may offer a spotty picture of livestock ownership, but the state veterinarian might know every large feedlot and poultry
41 facility in the state. Plowing through the list of NPDES stormwater permits or fish kill reports to find the one percent or less that deal with animal facilities might give a thin return for the effort. Arranging for the staffs of these programs to bring future animal facility cases to the attention of the NPDES CAFO program is a more sensible way to take advantage of the information that flows through these programs.
Agriculture is an unfamiliar world to some environmental regulators. It retains traditions of community, independence, and government non-interference that are unlike those in manufacturing or resource extraction industries. Yet it also is a rapidly changing area, with large, industrial-scale facilities becoming more common every day.
Pollution control programs have many opportunities to work with the agriculture community, bringing about change through a mix of approaches rather than expecting farms to behave like refineries or factories. That does not mean avoiding the role of regulator. It does mean tapping into existing agencies, professionals, and associations that deal with agriculture to reach and influence the agricultural community.
NPDES CAFO and related agricultural pollution control programs face true challenges in the next few years, both in regulating the growing number of extremely large facilities and in finding the many small facilities that contribute to pollution problems. To succeed, programs must be innovative and harness knowledge and expertise available in other state programs and throughout the agricultural community.
42 Appendix A: Notes on State Programs
The following pages contain notes on specific state regulatory programs that generate lists of sites where animals are kept or lists of people who keep animals for commercial purposes. Some of these lists may help pollution control programs locate regulated animal operations, including animal feeding operations (AFOs) and concentrated animal feeding operations (CAFOs).
The appendix groups programs by state. Within each state, the appendix first describes the state’s National Pollutant Discharge Elimination System (NPDES) program, if there is one, along with other agricultural pollution programs run jointly with the NPDES program. The appendix then describes any other environmental programs that may identify animal operations. Finally, it lists non-environmental programs.
The notes generally do not include voluntary, educational, or marketing programs. As explained in the text of this report, if the authors thought that use of a program’s lists to promote pollution control compliance could seriously discourage participation in the program, the authors did not list the program here.
Also, the notes generally do not include programs that cannot share information with other state agencies. This includes programs that do not retain data, and programs that collect data that by custom, law, or agreement is confidential. Occasionally, where the officials in such programs might offer an especially good avenue to get information out to animal operation owners and operators, the programs are included here.
This appendix is not a source of comprehensive descriptions of the requirements of animal regulatory programs. For most programs, the appendix gives only enough detail to give an idea of what the program covers and what kinds of information it collects. Once again, the major point of this appendix is to flag state regulatory programs that may keep information on individual animal operations.
These notes are based on library research and phone interviews. The authors have tried to be accurate and fairly complete, but errors and omissions are inevitable. The authors invite readers to write the Environmental Law Institute (ELI) with corrections for any future editions of this report.
Readers interested in locating possible lists should look first at the notes for their state. They should then consult the general list of state programs given in the body of the report for ideas on where else to look in their state, and they should consider local and national government programs as further sources of information.
43 Alabama
NPDES Program Field Operations Division Permits & Compliance Unit Alabama Department of Environmental Management (334) 213-4312
As of late 1998, Alabama was revising its CAFO NPDES program. Up until then, Alabama reasoned that because it had a zero-discharge standard for AFOs, it did not make sense to issue NPDES permits. Now, in a cooperative effort with the Alabama Department of Agriculture and Industries (ADAI), the Alabama Cooperative Extension Service, representatives of the regulated community, soil and water conservation districts, and other interested federal and state agencies, Alabama is moving to a new regulatory program. A permit-by-rule will cover AFOs. The permit will require facilities to meet ADAI and federal Natural Resources Conservation Service technical standards for design and operation. It will also mandate buffer distances from property lines and neighboring activities to minimize odors. The rule will require CAFOs to register annually with the state to enjoy coverage.
CAFO construction projects of more than five acres are subject to NPDES stormwater permit requirements. There are no special stormwater requirements for CAFO construction beyond the general construction requirements.
Non-Pollution Programs of Interest
Dairy Inspection Milk Branch Environmental Services Bureau Department of Public Health (334) 206-5375
Alabama inspects approximately 185 commercial dairies in the state. Paper records include facility name and address but not the number of animals present.
Stockyard Permits Market Charters Board Stockyards and Brands Section Animal Industry Division Department of Agriculture & Industries (334) 240-7208
The Market Charters Board issues permits for stockyards in the state and requires them to be insured and bonded. The state has a paper list with the name, mailing address, physical address, phone number, sale days, sale type (species of animal sold), and manager name for each stockyard.
Animal Imports State Veterinarian Animal Industry Division Department of Agriculture & Industries (334) 240-7255
The state participates in the national system of health certification for livestock shipped across state lines. For each such shipment, the state is supposed to receive a health certificate identifying the name and address of the owner and the number and species of animal involved. Certification is usually done by a private veterinarian. Records are paper copies of the certificates. Close to a million head of cattle and a large number of poultry are shipped in and out of Alabama each year.
44 Brands Stockyards and Brands Section Animal Industry Division Department of Agriculture & Industries (334) 240-7208
The state registers livestock brands. It keeps the brands and the name and address of the registrants on a computer database and publishes a paper version (the brands book) about once every five years. Registrations are good for five years. Records do not indicate the number of animals branded. In late 1998, the state had 1279 registered brands.
Disease Outbreaks State Veterinarian Animal Industry Division Department of Agriculture & Industries (334) 240-7255
The state tracks outbreaks of certain animal diseases, including tuberculosis, brucellosis, and pseudorabies. Local veterinarians are required to report cases to the state. Outbreaks of these diseases are now rare and the number of reports on file is small. A few problems persist among feral swine.
Garbage Feeding State Veterinarian Animal Industry Division Department of Agriculture & Industries (334) 240-7255
Alabama outlaws feeding garbage to swine except for dairy wastes, bakery wastes, and pea vines. The state records one or two complaints of violations a year. Often the complaints are lodged against the source of the garbage, such as a large institutional kitchen, rather than the hog farm.
Livestock Scales Weights and Measures Division Department of Agriculture & Industries (334) 240-7133
This program maintains a list of all scales used to weigh livestock for sale. Most stockyards have scales. The program inspects those scales annually.
Alaska
NPDES Program
Alaska does not have NPDES delegation.
Other Pollution Programs of Interest
Nondomestic Wastewater Permits Watershed Development Section Division of Air & Water Quality Department of Environmental Conservation (907) 451-2101
Animal waste management systems may require permits under this program (18 AAC §§72.500%.600). The program issued permits to some dairies in the late 1980s, but none of those dairies still operate. No AFOs now hold permits.
45 Solid Waste Program Division of Environmental Health Department of Environmental Conservation (907) 465-5162
In theory manure might be covered under the state solid waste regulations (18 AAC §60.010). However, the program does not currently regulate any manure accumulation, storage, or treatment sites.
Pollution-Related Complaints
(a) Animal Industries Program Division of Environmental Health Department of Environmental Conservation (907) 745-3236
(b) Watershed Development Section Division of Air and Water Quality Department of Environmental Conservation (907) 451-2101
(c) Solid Waste Program Division of Environmental Health Department of Environmental Conservation (907) 465-5162
Any of these offices may receive complaints. If the Animal Industries Program receives complaints about water or manure, they would forward them to the water quality or solid waste sections.
The Watershed Development Section could not recall any recent complaints regarding agriculture operations and water quality; they did have a complaint involving nuisance caused by failure to dispose of dead cows. Their information on complaints has been maintained in paper format, but a new computer system for recording complaints has just recently been introduced statewide.
When the Solid Waste Program receives complaints about livestock, they generally turn them over to local government.
Non-Pollution Programs of Interest
Dairy Program Animal Industries Program Division of Environmental Health Department of Environmental Conservation (907) 745-3236
The state requires permits and inspection of all dairy farms providing milk for consumption off the farm. Currently, there are 10, and all are bovine. Farms are inspected several times a year. Information collected includes name and address, but does not include how many animals or the kinds of facilities or manure practices. Information is on paper.
Water Rights Water Resources Section Mining and Water Management Department of Natural Resources (907) 269-8645
To obtain a legal right to use surface or ground water under the Alaska Water Use Act (Alaska Stat. §46.15), a landowner must submit an application and obtain a Water Use Permit, and later a
46 Certificate of Appropriation (11 AAC ch. 93). Permits are issued for 5%10 years; once the permit holder "perfects" their use they then file a sworn statement of beneficial use and receive a permanent certificate of appropriation. The state has issued permits to 15 livestock operations, including 10 dairies. Information obtained includes name, address, location of point of take, location of point of water use, quantity of water, and kind and number of animals. Information is computerized by name and location, but the computerized data cannot be sorted to identify those involving agriculture or livestock.
Alaska Land Transfers Agriculture Land Section Division of Agriculture Department of Natural Resources (907) 745-7200
When state lands are transferred for agricultural use, typically the state issues a 20-year contract of purchase with conditions. This office deals with probably around 400 properties, including both contracts of purchase and grazing leases. Most of the properties are cropland rather than livestock operations. Most of the livestock operations are small, and virtually all of them involve free-range grazing rather than confined feeding. The requirements include submitting a Farm Conservation Plan. The Farm Conservation Plan will usually indicate if livestock are involved, but not necessarily indicate the type or number of animals. The office visits properties every few years to ensure they remain in agricultural use. Information is maintained in paper form only. Properties supporting livestock are not directly identified: in other words, you would have to go through 400 files and read all the Farm Conservation Plans to identify those involving livestock.
Disease Control & Complaints Animal Industries Program Division of Environmental Health Department of Environmental Conservation (907) 745-3236
The State Veterinarian goes to all of the state’s dairy farms (a total of 10) once every three years to do tuberculosis testing. He also goes out to investigate cases of unexplained livestock deaths or suspected importation of disease in animals from out of state. The State Veterinarian probably knows all of the livestock owners in the state personally.
Import & Export of Animals Animal Industries Program Division of Environmental Health Department of Environmental Conservation (907) 745-3236
The state issues permits for the importation of livestock through the examining veterinarian. The state obtains information on the number and type of animals imported and the name, address, and location of the animal’s destination. It issues about 225%250 permits a year; most are for horses.
Arizona
NPDES Program
Arizona is not a delegated state.
Other Pollution Programs of Interest
Nitrogen Management Program/Aquifer Protection Permit Program Non-Point Source Program Water Quality Division Department of Environmental Quality (DEQ) (602) 207-4518
47 Under ARS 49-247, part of the aquifer protection law, the DEQ writes general permits governing agricultural activities. Owners and operators of farms that apply nitrogen fertilizer or that confine animals producing manure must develop and follow management plans employing best management practices. The program has no comprehensive list of these facilities. It has lists of dairies and swine farms from other sources, and it also learns of facilities from complaints. It is in the process of developing a database and GIS tracking AFOs. It believes that there are one or two poultry farms that qualify as CAFOs. It considers 68 of the state’s dairies to be CAFOs. The state has about 300 ratite farms (emus and ostriches), but no one has a sense of how many might merit CAFO designation.
Non-Pollution Programs of Interest
Inspection/Certification for Dairy Farms Dairy Office Animal Services Division Department of Agriculture (602) 542-4189
The state licenses all dairies for Grade A certification. It inspects dairies quarterly. It has a computerized list of approximately 133 dairies indicating owner or operator name, location, and phone number. The list does not have the number of animals at the dairy.
Egg Inspection Program Egg Office Animal Services Division Department of Agriculture (602) 542-0869
The state regulates producers of Grade A shell eggs. Four or five facilities are registered. The state has information on facility location and size.
Cattle Feedlot Registration Animal Services Division Department of Agriculture (602) 542-4293
ARS 3-1451 to -1456 require feedlots holding more than 500 beef cattle to apply annually for a license. In 1998, 25 feedlots had licenses. The Division keeps applications in paper form with key information copied into a database. The application fee depends on the feedlot’s size; the fee paid will indicate the size for which the lot is licensed (e.g., 500%3,000 head, 3,000%10,000 head, >10,000 head). The program inspects feedlots at least once a year.
Brands and Brand Inspection Animal Services Division Department of Agriculture (602) 542-4293
Arizona maintains a list of registered brands. Owners of range livestock must adopt and record a brand. Owners must renew their brands every five years. Information kept on brand holders includes name, residence, telephone number and mailing address, the kind of animals upon which the brand and earmark are proposed to be used, and a general designation of where the animals will be permitted to range. The Division publishes a list of valid brands in a brand book.
Arizona is a brand inspection state. A brand inspector must verify ownership of cattle being slaughtered, sold, or transported. There is an exception for owners shipping cattle within the state if the owner instead submits a self-inspection certificate. The information collected includes a tally of the cattle being sold or shipped, the owners name and mailing address, and the destination of the cattle.
48 There is a separate exception from brand inspection for horse owners who choose to participate in the Equine Ownership/Hauling Program. These horse owners register the horse once with the Division and may sell or move the registered horses without further inspections. Race horses (thoroughbreds and quarter horses) registered with the proper national association are also exempt from the inspection requirements.
Disease Reporting Animal Services Division Department of Agriculture (602) 542-4293
Arizona requires veterinarians to report outbreaks of certain diseases. The state keeps disease information in a public database.
Animal Imports Animal Services Division Department of Agriculture (602) 542-4293
As with all states, Arizona requires a health certificate for livestock imported for any reason except immediate slaughter. The state keeps records that include the destination of each shipment and a description of the animals it contained.
Garbage Feeding Animal Services Division Department of Agriculture (602) 542-4293
Arizona requires a permit to feed garbage to swine. Permitted facilities are inspected when the state issues the permit and regularly thereafter. The state has a computer record with the names, addresses, and other information on permittees.
Horse Dealers Animal Services Division Department of Agriculture (602) 542-4293
Arizona requires equine traders to get a permit from the state and to file monthly reports on the number of horses traded. Information collected includes the dealer’s name and address.
Arkansas
NPDES Program Division of Water Pollution Control & Ecology Department (PCED) (501) 682-0653
PCED issues and enforces NPDES permits. The state lists 106 CAFOs covered by general permits.
Other Pollution Programs of Interest
Construction/Operating Permit Program Division of Water Pollution Control & Ecology Department (501) 682-0653
49 This program covers AFOs too small to meet the federal CAFO definition but that use a liquid waste management system. The program covers 191 AFOs under general permits and 243 under individual permits. Permit applications identify the name, owner or operator, location, maximum number of animals, and design class of the facility. Applicants must also provide information on facility design and submit a waste management plan approved by an NRCS engineer or soil and water conservation district technician. The program maintains a computer database on covered facilities.
§305(b) Program Division of Water Pollution Control & Ecology Department (501) 682-0744
The state’s §305(b) program tries to keep records of AFOs that are possible sources of waterbody impairment. Most of the program’s information comes from the Construction/Operating Permit Program described above.
Non-Pollution Programs of Interest
Dairy Farm Inspection & Licensing Program Department of Health (501) 661-2000
The Department of Health inspects and licenses all commercial dairy farms. Their computer database includes the owner, location, and subclass of each dairy. They have information on the design of milk production equipment but not on pollution control or animal numbers. The list includes approximately 505 farms.
Animal Disease Outbreak Database Livestock and Poultry Commission (501) 255-5138
The Livestock and Poultry Commission maintains a computer database of reports of pseudorabies and brucellosis. The list has facility names and locations, but does not have information on the size or design of the facility. The list is shrinking as disease becomes less common.
Importing Animals Livestock and Poultry Commission (501) 255-5138
Arkansas participates in the national program that requires health certificates for animals being shipped across state lines. Certificates are kept in paper format. The state makes no special effort to track recipients of the animals.
Garbage Feeding Livestock and Poultry Commission (501) 255-5138
Feeding swine garbage is generally illegal in Arkansas, except for feeding garbage consisting of cooked chicken carcasses. The swine farmer needs a state carcass removal permit to transport the chickens. The state has not issued any new permits in many years. Most chicken carcasses are now recycled into meal, incinerated, or composted.
Brand Registration Livestock and Poultry Commission (501) 255-5138
All farmers who brand their animals must register with the Commission. As with most branding programs, the Commission does not collect data on the numbers of branded animals, just the brand
50 owner’s name and address. The state has about 1,200 registered brands. Records are on paper, and the state publishes a brand book every two years.
Livestock Dealers Registration Livestock and Poultry Commission (501) 255-5138
Individuals buying and selling livestock without keeping the animals in their possession must register with the Commission. The state has about 30 registered dealers, with paper records of their names and addresses.
California
NPDES Program Water Quality Division State Water Resources Control Board California Environmental Protection Agency (916) 657-1247
California is a delegated state. The State Water Resources Control Board (SWRCB) sets statewide standards and can write statewide general permits. The nine Regional Water Quality Control Boards (RWQCBs) set regional standards, can write regional general permits, and can issue individual permits. In general, California has not issued individual NPDES permits to CAFOs and relies on the state Water Quality Act, described below, to regulate water pollution from animal operations. At least one RWQCB, Santa Anna, has issued a general NPDES permit for dairies.
CAFOs may also fall under the NPDES program for stormwater runoff discharges. Construction of CAFOs covering more than five acres falls under the general NPDES permit for large construction activities. California also has a general NPDES permit for stormwater discharge from operation of industrial sites, including feedlots.
Other Pollution Programs of Interest
Porter-Cologne Water Quality Act Water Quality Division State Water Resources Control Board California Environmental Protection Agency (916) 657-1247
The state’s Porter-Cologne Water Quality Act requires Waste Discharge Requirement permits (WDRs) for any discharge that could affect the state’s waters. Unlike the NPDES program, the law includes diffuse (i.e., nonpoint) discharges and discharges to groundwater.
The SWRCB has set statewide water quality requirements for confined animal facilities (California Code of Regulations, Title 27, §22560-22565). These require facilities to be designed to contain all wastewater and runoff from manured areas during a 25-year, 24-hour storm event. These standards do not set a minimum size for facilities subject to the law. Individual RWQCBs may set additional local standards for manure management or may issue general WDRs.
Facilities that do not pose a threat to water quality are eligible for a waiver from the RWQCB, but waivers may be conditioned on monitoring. Absent a waiver, a facility should have a WDR permit and should be filing reports of waste discharge.
The SWRCB maintains a database of all WDRs that indicates the name and address of the owner/operator, location, and compliance/enforcement record. The database does not include information on how many animals are at each facility.
51 Non-Pollution Programs of Interest
Dairy Inspection Milk and Dairy Foods Control Branch Division of Animal Health and Food Safety Services California Department of Food and Agriculture (916) 653-6582
This program ensures that milk and milk products are safe and wholesome. It inspects, tests, and certifies dairy farms. The program maintains "score sheets" on each facility that indicate the number of animals at each site, the name of the owner/operator, the location, and the address of the facility.
There are approximately 2,000 Grade A dairies in California and 200 Grade B dairies.
Milk Marketing Dairy Marketing Branch Division of Marketing Services California Department of Food and Agriculture (916) 654-1240
The Branch establishes minimum farm prices for dairy products and regulates trade practices. It maintains an address list of all dairies that is made available to the public. It does not maintain information about other classes of facilities.
Interstate Shipments and Health Certificates Animal Health Branch Animal Health and Food Safety Services California Department of Food and Agriculture (916) 654-1447
Like other states, California requires persons importing livestock not immediately going to slaughter to file a health certificate from a veterinarian from the exporting state. In addition, the state requires importers of cattle over 18 months of age or swine to get a permit from the Animal Health Branch for each shipment (shipments of cattle from five nearby states are exempt). For poultry and hatching eggs, a health certificate is only recommended, however the state requires that shipments be from approved disease-free states or from disease-free NPIP farms.
The Animal Health Branch maintains all health certificates and permits in paper files. The certificates indicate where the animal has come from, where it is being shipped, the name of the owner/operator, address and location. The certificates are organized by date and permit number.
Veterinary Laboratory Services California Veterinary Diagnostic Laboratory System Division of Animal Health and Food Safety Services California Department of Food and Agriculture (530) 752-8709
The state operates analytic veterinary laboratories under the University of California, Davis, School of Veterinary Medicine. The program provides laboratory support service for livestock and poultry disease control, enhancement of livestock and poultry health management, and disease prevention efforts. The program does not solicit data but keeps records on samples it is asked to analyze. Most animals in the state are not regularly tested. As a result, the data are not comprehensive, and the laboratory does not know what percentage of the animal operations the data represents.
The program maintains data on all classes of animals except companion animals. The program records either the address of the owner/operator or the address of the person who submitted the data (e.g., veterinarian). Exact facility location is not tracked. The program requests information on the county where the facility is located, but only receives that information about half the time.
52 Disease Surveillance Animal Health Branch Division of Animal Health and Food Safety Services California Department of Food and Agriculture (916) 657-5113
The Animal Health Branch looks for signs of disease outbreaks, particularly brucellosis in cattle. It tests every diary in the state regularly for brucellosis. The lists of facilities it uses are from the dairy license program (see above). Other animal operations are tested when there are specific concerns.
The Branch maintains both paper and computer records of the testing information. The records include the name of the owner/operator, address of the facility, and the type of facility, but not necessarily the number of animals maintained at the facility.
Feeding Garbage to Swine Animal Health Branch Division of Animal Health and Food Safety Services California Department of Food and Agriculture (916) 654-1447
Authority: Food and Agriculture Code §10921-10923
It is unlawful for any person to feed garbage to swine unless they have a valid annual license issued by the Department. The Department may enter any premises where garbage is fed to swine and may examine and test any equipment or facilities for processing and handling garbage. Information taken from applicants includes the name and address of the applicant and the location of the premises. Presently, 17 facilities hold licenses; the number has been falling in recent years.
Brands and Brand Inspection Livestock Identification Branch Division of Animal Health and Food Safety Services California Department of Food and Agriculture (916) 654-0889
The state registers livestock brands. Brands are registered to individuals and are not associated with specific facilities where animals are kept. Approximately 2,400 brands are registered in the state.
State brand inspectors inspect cattle to verify lawful possession prior to transportation, sale, or slaughter and keep records of inspections.
Colorado
NPDES Program & Housed Swine Facility Permits Water Quality Control Division Department of Public Health & Environment (303) 692-3500
Colorado has NPDES delegation. State regulations for CAFOs (5 CCR 1002-81) establish a zero- discharge standard. Therefore, the state does not issue discharge permits to CAFOs. A facility that will not discharge unless rainfall meets or exceeds a 25-year, 24 hour storm event is considered to meet the zero-discharge standard. The state does respond to complaints of violations. New or modified CAFOs and AFOs found to be in significant non-compliance with the regulations must submit a manure and process wastewater plan to the Division. Also, operations that apply manure or wastewater to land at greater than agronomic rates must submit land application plans. Approximately 15 facilities have submitted such plans.
53 In November 1998, voters passed an initiative requiring new air and water regulations for housed swine feeding operations holding over 800,000 pounds of animals. Initially, an estimated 30%40 facilities will fall under the new program. Because of common ownership of some of those facilities, the state expects to issue 25%30 permits. The state published the first draft permits in May 1999.
Other Pollution Programs of Interest
Air Quality Program Air Quality Control Division Department of Public Health & Environment (303) 692-3100
The new program described above will require swine facilities to have air permits. Previously, AFOs had been exempt from odor and other emission requirements unless a facility had a specific source such as an incinerator. The Division handled very few AFO complaints.
Non-Pollution Programs of Interest
Dairy Licensing Consumer Protection Division Department of Public Health & Environment (303) 692-3620
Dairy farms selling Grade A milk must obtain a license and face regular inspections. The agency has paper records on these farms including basic identity (name & address) but not the number of animals or production quantity. Over 200 facilities have licenses.
Livestock Disease Reporting State Veterinarian’s Office Animal Industry Division Department of Agriculture (303) 239-4161
Colorado requires reports of certain livestock diseases, including equine infectious anemia, trichomoniasis, and tuberculosis. The agency organizes records by disease and by species, except it keeps herd files for tuberculosis on dairy cattle and for non-traditional livestock. On request of swine owners, it maintains herd files for pseudorabies. The agency is converting files to computer format.
Animal Imports State Veterinarian’s Office Animal Industry Division Department of Agriculture (303) 239-4161
Besides the usual practice of requiring health certificates, the state requires permits for import of swine, breeding sheep and goats, animals in the deer family, and cattle from states with known brucellosis problems. Field staff follow up on animals imported under permit to assure that permit conditions are met. The agency keeps information on the number and type of animals imported and the address of their destination, but not on the nature of the destination facility.
Garbage Feeding Program State Veterinarian’s Office Animal Industry Division Department of Agriculture (303) 239-4161
Currently only two facilities in the state hold permits to feed garbage to swine. The state has records on the facility locations and numbers of animals kept.
54 Brand Registration Brand Inspection Division Department of Agriculture (303) 294-0895
The state has records of over 36,000 brands, with the name, address, and phone number of the brand holder. The information is in both paper and computer formats. The state publishes a brand book every five years.
Livestock Dealer Licensing Inspection & Consumer Services Department of Agriculture (303) 477-0054
Any dealer who buys livestock from a Colorado owner must obtain a license from the state. The agency has records of dealer names and addresses, plus information on the type of sales that may suggest the type of facility involved. Information is in both paper and computer format.
Weights & Measures Program Measurement Standards Section Department of Agriculture (303) 477-4220
The state inspects all commercial livestock scales at least once a year. Inspection records indicate the location of the facility and the type of scale, which may suggest the nature of the facility. Records are on paper.
Connecticut
NPDES Program Permitting, Enforcement, and Remediation Division Water Management Bureau Department of Environmental Protection (860) 424-3803
The state has delegation for the NPDES program, but the state has not yet issued any NPDES permits to CAFOs or AFOs. The state has written to the U.S. EPA suggesting that they use general permits for animal operations.
Other Pollution Programs of Interest
State Agriculture Permits Permitting, Enforcement, and Remediation Division Water Management Bureau Department of Environmental Protection (860) 424-3803
The Water Management Bureau issues agriculture permits. Whether a facility needs a permit depends on a number of factors and thresholds (for example, poultry operations discharging egg wash in excess of 1,000 gallons). The number of facilities permitted has been constrained by lack of manpower and includes mostly large new facilities and facilities that have been issued orders due to a problem.
The state has an estimated total of 60%80 AFOs and 10 or fewer CAFOs; only approximately 10%15 facilities have been issued state agriculture permits. Information available on facilities with permits includes name, address or location, subclass (i.e., type of animals), pollution control facilities (for some), and number of animals (probably design number, not actual number). Records are on paper.
55 Environmental Complaints
Taken by& Office of Compliance and Enforcement, Department of Environmental Protection (DEP)
Referred to& Air Management Bureau, DEP, (860) 424-3401; Waste Management Bureau, DEP, (860) 424-3023; or Water Management Bureau, DEP, (860) 424-3803.
The DEP receives complaints related to air and odor, solid waste, and water problems. Only a few complaints involve farms. Agricultural activities are statutorily exempt from regulations concerning nuisance odors. Lists of complaints are maintained, but typically do not include sufficient information to identify those involving farms. Typically, the appropriate Bureau investigates; if it is a valid complaint, they will maintain a paper file of the investigator’s report and enforcement orders, if any.
In the case of the Water Bureau, if their investigation determines that a real problem exists they will either (a) refer the facility to a voluntary multi-agency partnership program designed to improve environmental practices in agriculture, or (b) issue an order requiring the facility to develop an Animal Waste Management Plan. In the past nine years, there has been a combined total of 21 animal operations in both categories. Information on investigations is maintained on paper.
Non-Pollution Programs of Interest
Dairy Licensing Program Bureau of Regulation and Inspection Department of Agriculture (860) 713-2548
All farms shipping milk off the farm must be licensed. There are approximately 250 dairies in the state. Information on the computerized list includes name of farm and date of license issued. A separate paper list includes name of farm, location, name of owner, and subclass (goat or cows). A third source, the license renewal paper files, has information on the number of animals present.
Intensive Poultry Farm Licensing Bureau of Regulation and Inspection Department of Agriculture (860) 713-2548
Poultry operations with 20,000 or more birds must be licensed with the state. The law requiring this grandfathered all pre-existing farms when it went into effect in 1989. There is only one farm licensed, a new one started about two years ago. Information available includes name of facility and owner, address and physical location, and subclassifications (turkey, pheasants, other game birds, guinea fowl, chickens).
Poultry Registration, Disease Testing & Inspection Bureau of Regulation and Inspection Department of Agriculture (860) 713-2548
Farms with more than 10,000 birds are required to register with the state and participate in various disease testing programs. Farmers cannot ship eggs or birds out of state without testing certification. Information available includes name, address, and physical location.
Information on the number of poultry present is maintained in another source, the periodic inspection reports. The Department inspects at least once a year. Farms with fewer than 10,000 birds may
56 also participate in various health inspections upon request. Name, address, and physical location are included. The information is on paper.
Beef & Swine Inspection Lists Bureau of Regulation and Inspection Department of Agriculture (860) 713-2548
The Department maintains lists of all beef and swine operations they have inspected. Not all farms are included. About 50% of all beef farms (90%95% of the large farms) are inspected because they engage in interstate transport of cattle. About 10%20% of all swine farms are included, because inspection is mandatory when swine are kept for breeding purposes. Information available includes name and address or location. The information is on paper.
Delaware
NPDES Program Division of Water Resources Department of Natural Resources & Environmental Control (DNREC) (302) 739-6330
DNREC has the authority to issue and enforce NPDES permits. The state adheres to the federal definition of CAFOs, but there are supposedly no facilities in the state that have more than 1,000 AUs. Therefore, no CAFO permits have been issued in Delaware.
Other Pollution Programs of Interest
Manure Storage Structure Permit Division of Water Resources Department of Natural Resources & Environmental Control (302) 739-5731
Under Title 7 of Delaware Code ch. 60, Delaware’s Water and Air Resources Act, any facility utilizing a manure storage pond or structure that holds more than 40,000 gallons of liquid waste must obtain an individual permit. This is a construction and operation permit that requires the applicants to devise a waste management plan. The permit states the name of the owner and operator, the location of the facility, the number and type of animals contained, and the facility’s manure generation rate. There are no inspections done in conjunction with this permit. Approximately 30 facilities have this permit, and the Division believes that most of the facilities that require the permit have obtained it. The permits are maintained in paper format.
GIS Database for Animal Waste Systems Division of Water Resources (non-point source pollution) Department of Natural Resources & Environmental Control (302) 739-8014
As part of the state’s coastal zone non-point pollution program, the state is creating a GIS database with the location of liquid and dry animal waste systems and poultry composters (regardless of the size of the facility using them). The state began an inventory in 1989, has completed one county, and is currently entering data from the other two counties. The database uses points to show where the waste facilities are located and has connected these points to information concerning the name of the owner and operator of the facility, the address, the type and number of animals that are contained there, and the type of waste system that they utilize. For poultry facilities, information is collected on the length and total capacity of the poultry house or houses.
Much controversy has surrounded the creation of this database because the farmers are worried about privacy issues and what will be done with the information on their facilities. Currently, the public
57 and other state agencies are able to access information about where the waste system facilities are located (on a map), but specific information about each facility is kept confidential.
The database includes approximately 1,200 poultry operations, 200 dairy operations, 250%300 swine operations and a few beef operations. The Division has been focusing on poultry facilities because poultry is the largest animal industry in the state. The GIS database currently contains information on approximately 85%90% of the facilities with waste systems. Although the state has not designated any animal operations as CAFOs, the database suggests about six facilities could possibly qualify under the federal definition.
Environmental Complaints Division of Pesticides Department of Agriculture (302) 739-4811 x267
This Division handles environmental complaints that deal with non-regulatory issues. (The Division refers any complaints it gets involving regulatory matters to the appropriate agency.) Most complaints regarding animal facilities address odor issues associated with poultry facilities. When a complaint is issued, a staff person from the Division will go and visit the facility, alert the farmer to the complaint, and determine if there is a basis for it.
Most of the issues that the Division deals with are good neighbor issues, and they act as educators and mediators to rectify disagreements between facilities and their neighbors. They work with farmers to minimize the possibility for environmental complaints. The Division may also direct the complaint to the local Conservation District, who in turn will work with the farmers.
When the Division receives a complaint, it records in a 3-ring binder the name of the facility, the name of the owner and operator, the location of the facility and the type of animals that it houses. No information is recorded on the number of animals at the facility. There were 38 complaints received concerning AFOs from March 1998 to February 1999.
Non-Pollution Programs of Interest
Dairy Inspection and Permitting Division of Health Systems Protection Health Department (302) 739-6603
The Delaware program is modeled after the federal model Grade A Pasteurized Milk Ordinance. Because the state is so small, most of the milk produced is subject to interstate commerce and must comply with the federal regulations. The Division issues an individual permit to each dairy farm. The farms are kept track of as "bulk tank units," which are groups of farms that ship all of their milk to a certain processor. The Division inspects each farm two times a year and the State Rating Officer inspects each farm one to two times a year. Information collected by the Division on the permit application includes the name of the owner and operator, the address of the facility, the number of animals in the herd, the cooperative that the dairy is shipping its milk to and information on herd health (to specify that the herd is tuberculosis- and brucellosis-free). The Division keeps records on each facility, along with the information collected on the permit application, in an Excel database. There are approximately 100 dairy farms in the state.
Records of Fish Kills Fish and Wildlife Division Department of Natural Resources & Environmental Control (302) 739-5295
When a fish kill is reported, the state attempts to determine the source(s) of the kill. They identify the source(s) as specifically as possible, down to specific chemicals in the water and their origin. The Division keeps detailed records on the sources of fish kills, but there are no AFOs on the list. Although
58 the Division believes that AFOs are a large source of water quality problems, they have only possibly caused a fish kill once.
Livestock Dealer Registration Division of Poultry and Animal Health Department of Agriculture (302) 739-4811 x223
All individuals buying and selling livestock (but not keeping them in their possession) must obtain a registration from the Division. There are between eight and ten registered dealers in the state and the Division believes that most people that are dealing do have registrations. The only information collected on the dealer, which is maintained in paper format, is their name and address. Each dealer is required to keep detailed records of each animal that they buy and sell, including the location of the facility where the animal was bought from and the location of the facility that it is sold to. This is required for the purpose of tracking disease outbreaks.
Meat Inspection Division of Food Products Inspection Department of Agriculture (302) 739-4811
Cattle and swine are inspected before the animals go to slaughter. Inspectors from the Division count the number of animals in each pen at the slaughterhouse. For cattle they record their ear tag numbers. For swine, they record the name and location of the farm that they are from. As part of the inspection, some of the animals are tested for certain diseases, such as brucellosis. The Division keeps paper records with the name and location of the farms that the animals are from and the number of animals being slaughtered from each farm. Poultry are usually slaughtered at large producers’ facilities, such as Purdue or Tysons. These facilities obtain their poultry from specific farms that they contract with and therefore know exactly which farms the animals are coming from.
Shellfish Sanitation Program Division of Water Resources Department of Natural Resources & Environmental Control (302) 739-4590
As required by the Interstate Shellfish Sanitation Conference, Delaware classifies its coastal waters based on the suitability of shellfish for human consumption. There are waters in which the taking of shellfish is prohibited, and there are waters with restrictions on the number and way that shellfish can be taken. The different zones are established through quantitative methods of water sampling. Qualitative methods are used to identify possible point and nonpoint source polluters. The Division performs an assessment of the coastline by walking, flying, or boating along it to identify all facilities adjacent to the shore. They use tax maps to look at each parcel to determine how it is being used. Basic information about each facility is kept in an electronic database. In the case of animal feedlots, they identify its location and owner and sometimes will estimate the number of animals being housed there, but this is not the case for most of them.
Florida
NPDES/CAFO Program Agriculture Subsection Industrial Wastewater Section Department of Environmental Protection (850) 921-9386
Florida has authority to issue NPDES permits, though it currently issues CAFOs permits under its own state program instead. (It may be converting the permits to NPDES permits in the future.) The state definition of CAFO is similar to the federal definition. The major difference is that the state never
59 adopted a general coverage standard for facilities under 1,000 AUs. Thus, if an facility has under 1,000 AUs, a case-by-case determination is required. In addition, (1) state regulations exclude from the definition of CAFO any operation that can contain discharges/runoff from the 25-year, 24-hour storm event; (2) egg producers must have a permit if they exceed 100,000 layers and spray irrigate egg wash wastewater or if they exceed 30,000 layers and have a liquid manure system; however, dry litter operations are exempted, regardless of AUs; (3) any dairies in the Lake Okechobee Basin must be permitted; and (4) all new dairies in the Suwanee River Basin must be permitted.
Thus far, the state has issued about 44 permits, most of which are for dairies. There is one permit for a poultry (liquid manure) operation and one permit for a swine operation. Most of the dairies are located in the Lake Okechobee region or the Suwanee River Basin. The agency is moving from a complaint-driven to an inspection-driven enforcement strategy.
Non-Pollution Programs of Interest
Dairy Licensing Program Dairy Division Dept of Agriculture & Consumer Services (850) 487-1480
Florida has only Grade A dairies and licenses these dairies pursuant to the requirements of the federal model Pasteurized Milk Ordinance. There are 235 licensed dairies. Nearly all dairies are inspected at least every three months. The agency maintains information about the "firm" (including address and GPS location data), the inspections performed, and laboratory test results. The records may or may not include accurate estimates of the number of animals present&this information is not required of the applicants. The agency maintains paper records; only the "firm" data are on computer in a form/program that is easy to retrieve.
Livestock Disease Reporting Program State Veterinarian’s Office Bureau of Animal Disease Control Division of Animal Industry Department of Agriculture and Consumer Services (850) 488-7182
The state has a list of about 34 diseases which must be reported to the State Veterinarian’s Office. The agency investigates some reports, but not all. The agency maintains’s herd files for "program diseases"&national eradication programs that the state works on cooperatively with the federal government, including swine and cattle brucellosis and swine pseudorabies. The state aims to have records of 100% of these herds in the state, particularly with respect to cattle. It is more difficult to keep track of swine herds from year to year (or even month to month) because these facilities go in and out of business more frequently. The herd file records are kept in paper form; most have now been transferred to computer as well. The records would include information about the name and address of the owner; in addition, the agency has begun to provide GPS locations for the herds.
In addition to herd files, the agency keeps records of other reported diseases. These are mainly laboratory reports that are kept by owner name and by disease; some records are written notes that are taken when a clinical diagnosis is phoned in.
Animal Importing Program State Veterinarian’s Office Bureau of Animal Disease Control Division of Animal Industry Department of Agriculture and Consumer Services (850) 488-7182
60 All animals imported into Florida required submission of a health certificate. In addition, cervidae (members of the deer family), poultry and swine (breeder and feeding, but not slaughter swine) require a permit for entry. The information maintained by the agency includes the number and types of animals, the origin of the animals and the destination (usually just name and address) of the animals. These records are primarily paper records.
Garbage Feeding Permit Program State Veterinarian’s Office Bureau of Animal Disease Control Division of Animal Industry Department of Agriculture and Consumer Services (850) 488-7182
Florida requires a permit for any person who feeds garbage to swine. The state has about 180%185 permitted facilities&perhaps 15% of the total swine facilities in the state. Garbage feeding operations come to the agency’s attention in a variety of ways&through inspections, complaints and happenstance. The agency inspects these facilities on a monthly basis. The agency maintains records of permits and inspections, which include information about the name, address and location of the facility, as well as the number of animals. The agency is in the process of getting GPS locations for the facilities. The information is kept in paper form; some of the basic information has been entered into a computer database as well.
Brand Registration Division of Animal Industry Dept of Agriculture & Consumer Services (850) 922-0187
Anyone wishing to use a livestock brand must register the brand with the state. There are approximately 5,700 registered brands. The state maintains computerized information about the brand, including the design, the brand name, the name and address of the owner, the type of animals the brand will be used on and the county the brand will be used in (though the brand can be used state-wide). There is no other information about the type of operation using the brand. The agency prints a brand book, but has not updated the book since 1997.
Weights & Measures Program Division of Standards Department of Agriculture and Consumer Services (850) 488-9140
Florida applies federal standards to all commercial scales in the state through a program of regular inspections. The livestock scales inspected by the agency include both auction markets and scales on private ranches (when used in the context of livestock sales). Whenever registered scale companies install a commercial scale, they notify the agency; in addition, most facilities know that their scales must be tested. The agency maintains its inspection records in paper form and on a computer database. The information is kept by business name, and the records will generally indicate the type of facility&e.g., auction market, ranch, etc.
Note: Other types of regulatory tools are implemented by Florida’s five water management districts, which share responsibility for nonpoint source pollution control. These include water use permits and "environmental resource permits" (for construction/operation of surface water management systems such as impoundments). The districts are also charged with developing "pollutant load reduction" goals and for implementing subsequent restrictions on non-point sources.
Note: Although Florida law requires that livestock dealers obtain a license, the state has not enforced this requirement (mainly for fiscal reasons). The state does issue licenses to those who request one voluntarily.
61 Georgia
NPDES Program Water Protection Branch Permitting Office Environmental Protection Division (EPD) Natural Resources Department (404) 362-2680
Georgia is authorized to issue NPDES permits for CAFOs but has yet to do so. The state addresses AFO pollution through a state permitting system described below.
Other Pollution Programs of Interest
Land Application Systems Permitting Program Water Protection Branch Permitting Office Environmental Protection Division Natural Resources Department (404) 362-2680
The state has regulated AFOs from an environmental standpoint through the Land Application Systems (LAS) Permitting Program. The state has run this program in cooperation with the NRCS, though the state is now beginning to develop regulations to codify the requirements. No-discharge LAS permits are required for new, large feeding operations (or existing operations that expand to become large operations); "large" is basically the EPA definition of 1,000 AUs or more. Existing operations are grandfathered in. Under the program thus far, the agency has issued individual permits for 13 operations&10 dairies and 3 swine facilities. Enforcement is complaint-driven; if a discharge is found, enforcement action can be taken whether or not a permit is required.
Cross-Agency Referrals Animal Health Office Department of Agriculture (404) 656-3667
The Department of Agriculture’s Animal Health Office makes informal referrals to the Environmental Protection Division whenever their farm inspectors find that, e.g., manure is being handled improperly. In addition, the office takes referrals from EPD on water quality complaints and (because they have the farm-level manpower) will inspect upstream agricultural facilities to determine the sources of the problem.
Non-Pollution Programs of Interest
Dairy Licensing Program Dairy Section Consumer Protection Division Department of Agriculture (404) 656-3625
All dairies that produce Grade A milk must obtain a license. Georgia’s regulations follow the federal model Grade A Pasteurized Milk Ordinance. There are currently 422 licensed Grade A dairies; there are no non%Grade A dairies in Georgia. The agency collects information on each licensed dairy, including the location of the facility and the number of animals at the facility.
Poultry Carcass Disposal Licensing Program Animal Health Office Department of Agriculture (404) 656-3667
62 All poultry farms must obtain a license for their carcass disposal methods. The Animal Health Office inspects and licenses the facilities. The records kept by the agency include basic identifying information on the farm. While the number of animals at the operation may not be stated explicitly, the size of the operation can be determined by looking at the size of the carcass disposal facilities licensed. (In approving the disposal facilities, the agency uses a formula based on the animal capacity of the operation and the expected mortality rate.)
Water Use Permitting Program Water Resources Management Program Environmental Protection Division Natural Resources Department (404) 656-3094
Agricultural operations that will use 100,000 gallons of water per day must obtain a water use permit. The permit deals only with water quantity issues. The permit application does have a space on it for indicating what the water will be used for, and one of the options is "livestock." However, virtually every permit for an agricultural operation has been for field crop operations. There have been a couple of applications for larger livestock operations, but the operations were never established (for other reasons).
Livestock Disease Reporting Animal Health Office Department of Agriculture (404) 656-3667
The state has a long list of livestock diseases which must be reported to the Department of Agriculture. The agency will conduct an inspection if the reported disease could have potentially significant health or environmental impacts. The agency maintains laboratory records on all positive tests.
In addition, the agency maintains herd files for pigs, cattle, sheep and goat herds. Most herds in the state have a file, because there is a state requirement for disease testing upon change of ownership of animals. (Note: this requirement is scheduled to lapse at the end of 1999.) Anytime an animal in one of these herds is tested, the report goes to the agency. The agency also has records on poultry farms. Because poultry is such a big industry in Georgia, the agency has separate laboratories throughout the state for poultry testing and the agency carries out surveillance of poultry operations.
These disease testing records are maintained in a computer database. The records would not necessarily indicate the total number of animals within each herd, but rather the number of animals tested.
Animal Importing Animal Health Office Department of Agriculture (404) 656-3667
All animals imported into the state require a certificate of health, which must be submitted to the Animal Health Office. (Cattle require a permit in addition to a health certificate.) The certificates include where the animals came from, where they are going, and the number of animals involved. This information is maintained only in paper form.
Garbage Feeding Enforcement Animal Health Office Department of Agriculture (404) 656-3667
Garbage feeding is prohibited (except where swine are raised for slaughter and consumption on the property/farm), and there is thus no permitting program. The Animal Health Office handles garbage feeding complaints. This was a bigger issue in the past; the office now handles only a few cases each
63 year. The agency maintains a record of a case only if an action is taken following the agency’s investigation&e.g., issuance of an order (quarantine, stop sale, consent order) or issuance of a fine. The records are kept as paper records for a few years, before they are archived. (If there is a herd file for the operation, then the record might be maintained in the herd file for a longer period of time.)
Livestock Dealer Licensing Animal Health Office Department of Agriculture (404) 656-3667
Any person who buys or sells livestock for resale (excluding those who sell what they produce) must obtain a livestock dealer’s license from the Animal Health Office. There are two types of licenses&livestock dealer and poultry dealer. The program requirements are mainly financial; the state has its own bonding requirements. A pre-permit inspection is carried out for each facility. The agency maintains license and inspection information in paper files; most of the license information is also on computer. The records include mainly name and address and will generally indicate what type of facility (what types of animals) are involved.
In addition to dealer licenses, auction houses/livestock markets must obtain a permit (a letter or approval) prior to each sale. The purpose of this is notification to the agency so that it can have an inspector present at each sale.
Egg Inspection Program Consumer Field Forces Consumer Protection Division Department of Agriculture (404) 656-3623
Any poultry farm that sells eggs that are to be distributed to the consumer is covered under the state’s Egg Law and regulations governing health/product safety. This is not a license program, but rather is implemented through a program of regular inspections. In the course of these inspections, the agency collects information about the farm, including its location and the number of animals it keeps. The agency maintains this information as part of a larger computer database of facilities that fall under the state’s other (i.e., non-farm) food products laws.
Georgia state law does require egg handlers (anyone who sells eggs) to obtain a license unless they (1) are licensed retail establishments or (2) participate in the USDA’s shell egg surveillance inspection program. Some licenses have been issued, but this represents only a very small percentage of those who sell eggs.
Stable Licensing Program Equine Health Division Department of Agriculture (404) 656-3713
All stables in the state must obtain a license. Last year there were approximately 1,050 licensed stables. Most stables know of the requirement through word-of-mouth. Basic information about the stable, including the location and ownership, is maintained in a database. The number of animals is not generally included on the license application, but often appears on the agency’s report of the inspection of the stable. This information is also maintained by the agency.
Registration of Livestock Brands Animal Health Office Department of Agriculture (404) 656-3667
Registration of livestock brands is not required, but is "recommended." The state currently has 533 registered brands. The information maintained by the agency includes the name and address of the
64 owner, the location of the cattle at the time of branding and the brand design. The information is contained in a brand book.
Weights & Measures Program Weights and Measures Division Department of Agriculture (404) 656-3645
The Weights and Measures Division registers all livestock scales used for commercial purposes&mainly sales barns. The agency routinely inspects these scales and responds to any complaints about them. The agency maintains records in both paper and computer format. The computer records have only general information&the type of scale, the date inspected and whether the scale was approved. The paper records are more detailed, containing information about what tests were done on the scales, etc.
Hawaii
NPDES Program Clean Water Branch Environmental Management Division Department of Health (808) 586-4309
The Clean Water Branch within the Environmental Management Division of the Department of Health has the authority to issue and enforce NPDES permits for CAFOs. Hawaii uses the federal definition for CAFO. Individual permits are issued¤tly, there are two permitted facilities, both of which are cattle operations.
Other Pollution Programs of Interest
Animal Waste Management Plans Wastewater Branch Environmental Health Administration Department of Health (808) 586-4294
In July 1996, the Wastewater Branch issued guidelines for livestock waste management. The guidelines apply to facilities that commenced operation after the date of issuance, as well as existing facilities that have received complaints. Since the guidelines have yet to be codified as a regulation, they are not directly enforceable.
The guidelines call for facilities to have nutrient management plans. Farmers develop plans in cooperation with NRCS, but they ultimately must submit plans for approval to the Wastewater Branch. Part of the approval process includes permission to construct and operate.
Plans that have been submitted to the Branch are stored in paper files sorted by facility name. Records include the facility address, name of the owner/operator, number and types of animals, facility design specifications as related to manure management, and a facility map.Currently, there are fewer than 100 facilities with plans.
Water Quality Complaints & Inspections Monitoring Section Clean Water Branch Environmental Management Division Department of Health (808) 586-4309
65 In a typical year, the Section fields over 300 complaints related to water quality. Less than 1% usually concern livestock facilities. Less than 25% typically concern agricultural facilities, more broadly. When the Section receives a complaint, it sends an inspector to make an assessment. The Section keeps inspectors’ reports on paper in a manual filing system. The Section is, however, converting to an electronic filing system that will be searchable by several criteria.
§305(b) Program Monitoring Section Clean Water Branch Environmental Management Division Department of Health (808) 586-4309
When the §305(b) program finds impaired water quality, the Monitoring Section tries to identify the source of pollution. The Section’s approach depends on the case. Where possible, the Section looks at self-monitoring data, but this information is only available for permitted facilities. When the Section conducts a field investigation, it maintains an inspection report. Reports are currently stored in paper files, but there is a move underway to switch to an electronic database. It will probably be possible to query the database for livestock-related problems, but livestock pollution is not a big issue for most Hawaiian fresh water streams.
Total Maximum Daily Load (TMDL) Program Monitoring Section Clean Water Branch Environmental Management Division Department of Health (808) 586-4309
As part of a watershed modeling initiative under the state’s TMDL program, the Monitoring Section is currently mapping land use in one "representative" watershed to determine loadings from various land uses. The GIS being created indicates whether a particular area is agricultural and indicates any animal holding areas. Because many agricultural parcels combine livestock growing with other crops, the system has not tried to be specific about marking livestock facilities. The Section hopes to repeat this modeling in other key watersheds.
"Friendly Inspections" Clean Water Branch Environmental Management Division Department of Health (808) 586-4309
The Clean Water Branch recently awarded a §319 grant to the Hawaii Association Of Conservation Districts&a non-profit group&to do "friendly inspections" of all farms above 20 AUs and to offer suggestions for ways to protect water quality. As part of this process, the group will generate a GIS map of all the facilities, which will indicate number of animals, details on the manure management system, and the type of livestock. The Department of Health will have the GIS in two years, at which time it will become public information.
Odor Complaints Clean Air Branch Environmental Health Administration Department of Health (808) 586-4309
The Clean Air Branch does not directly regulate livestock facilities, but it handles odor complaints, which sometimes pertain to farms. The Branch logs complaints on paper. One could scan the log for manure-related complaints, but this would be a tedious process. Each year there are between 500%1,000 complaints, of which about 6%12 pertain to livestock facilities. When the Branch conducts
66 inspections, it files reports by facility name unless the name is unknown, in which case the report is filed in an "undetermined" folder. The Branch refers most complaints about animal odors to the Vector Control Branch for investigation (see below).
Non-Pollution Programs of Interest
Milk Control Sanitation Branch Department of Health (808) 586-8029
Milk Control Section Quality Assurance Division Department of Agriculture (808) 973-9575
Pursuant to Hawaii Admin. Rules Title 11 ch. 15, all milk producers must get permits annually and be inspected semi-annually. Currently, there are 13 permitted facilities that range in size from 80 cows to 1,700 cows. Permitting records are in paper files at the Department of Health (DOH) and include information such as facility and owner name, facility address, herd size, and gallons of milk produced.
Pursuant to HRS 157 (Milk Control Rules), all milk producers and processors must also be regulated through a quota system to ensure that the producers get paid for the highest and best use of their milk. This Department of Agriculture program operates separately from the Department of Health’s sanitation program. The Milk Control Section maintains a database of all the regulated facilities, and usually inspects farms monthly. The database can generate a list of all milk producers¤tly, there are 10 listed. (This program lumps together all milking facilities owned by a single entity, while DOH issues separate permits for physically separate facilities&thus the discrepancy in numbers between the two programs.) The database does not contain specific data on numbers of animals. Instead, it has the facility name, address, and the amount of milk produced. The amount of milk produced is only accessible to the public in aggregate, but facility names and addresses are public record.
Vector Control Vector Control Branch Department of Health (808) 831-6767
The Vector Control Branch receives complaints and conducts inspections about animals and insects that can spread disease to humans. Sometimes complaints pertain to livestock facilities, as certain pests tend to congregate around manure. The Branch keeps inspection reports in paper files sorted by facility address. Inspection reports state if the facility is a farm, but it would be difficult to identify the farms through the filing system due to the relatively low percentage of complaints filed about livestock facilities.
Egg Inspection Grading & Labeling Commodities Branch Department of Agriculture (808) 973-9566
Under cooperative agreement with USDA, Hawaii conducts quarterly inspections on farms where eggs are produced. USDA has an electronic database of records on these farms, but Hawaii only has paper files that are sorted by the name under which the facility is registered. Paper files include the name and address of the facility where the eggs are produced, but no information on the number of layers. There are currently eight farms registered.
67 Livestock Scale Inspection Measurement Standards Branch Quality Assurance Division Department of Agriculture (808) 586-0871
Owners must register commercial measuring devices with the state for certification and inspection. There is a database of certified scales, although it is not possible to query for a list of livestock scales. One could use the facility name to try and identify which pertain to livestock, although this would be inefficient since there are thousands of scales but only about five livestock scales. The livestock scales are generally located on the farms where the animals are produced.
Livestock Import Requirements Livestock Disease Control Branch Animal Industry Division Department of Agriculture (808) 483-7100
Pursuant to HRS Title 4 Subtitle 3, all animals entering the state must meet health requirements and be accompanied by a health certificate. Upon arrival, animals except goats and some poultry must be inspected by the State Veterinarian and then quarantined on the owner’s premises for a certain amount of time. At the end of the quarantine period, the animal must be retested by the State Veterinarian for specific diseases. In addition, imported animals are subject to spot checks by the Livestock Disease Control Branch during the quarantine period. The Branch keeps a record of each animal that enters the state (AQ 16 form)&among other details, records include the consignee’s name and address, the quarantine site, and test results. All of this information is entered into a database that can be queried for a list of all consignees. Using the database, one could track how many animals a particular consignee has ever brought into the state.
Swine Import Permits Livestock Disease Control Branch Animal Industry Division Department of Agriculture (808) 483-7100
In addition to a health certificate, swine entering Hawaii need to be accompanied by an import permit. The permit is issued by the State Veterinarian under the consignee’s name for the specific number of head that person requests to have admitted. The Branch does not maintain a record keeping system unique to swine permits. Instead, swine permit information is entered into the AQ 16 database in connection with each animal that enters the state (see Livestock Import Requirements, above). By tracking permitting information in this manner, the Branch is able to keep more accurate records on total numbers of swine imported, because livestock owners do not always import as many swine as they request permission for in the permit.
Self-Issuing Ownership Movement Certificate Livestock Disease Control Branch Animal Industry Division Department of Agriculture (808) 974-6500
Pursuant to HRS §142.49, livestock owners must submit a certificate to the Livestock Disease Control Branch when any livestock other than poultry transfers ownership or moves to a location not under that owner’s control. The purpose of this program is to empower police to monitor movement of livestock to ensure that animals are not being stolen. Most certificates submitted concern feeder cattle, as they are the animals most frequently transported in Hawaii. Information on the certificate includes the origin and destination of the livestock, the seller’s name and address, the consignee’s name, the number and types of animals in the shipment, and the reason for shipment (e.g., pasture, feed yard, slaughter, etc.). In preparation for transfer, owners can request books of blank certificates from the Branch and then
68 send them in individually as appropriate. Whenever blanks are requested, the Branch enters that request into a log book under the owner’s name. When owners submit certificates, the Branch stores them in paper files sorted by certificate number. As such, the best way to track movement by owner would be to consult the log book for owner names and frequency of certificate requests, and then cross-reference that information with other branch databases, such as the brand database (see Branding, below), to find details such as facility addresses.
Branding Livestock Disease Control Branch Animal Industry Division Department of Agriculture (808) 483-7100
All swine must be identified by a brand or ear tag. For all other animals, branding is optional. The Branch does not keep records of swine brands except when swine come from outside the state, in which case branding information is included on the health certificate and in the AQ 16 database (see Livestock Import Requirements, above). The Branch also produces a brand book for ranches, but this only encompasses horses and bovines¬ swine. The brand book includes the ranch name and address and the owner name. There are several hundred brands in the book. Branding information is also stored in a database.
Animal Quarantine Station Animal Quarantine Branch Animal Industry Division Department of Agriculture (808) 483-7145
All domestic animals (i.e., dogs and cats) brought into Hawaii must be quarantined for 30 days and inspected after 90 days. There are two quarantine stations: one on the main island with a capacity of about 1650 animals, and a satellite station on Oahu that holds about 30 animals. The Branch keeps records on all animals that enter quarantine.
Idaho
NPDES Program
Idaho does not have delegated authority to issue NPDES permits for CAFOs. EPA has issued a general permit, which employs the federal definition of CAFO. Enforcement duties are split in the state.
For dairies, the Dairying Bureau in the Animal Industries Division of the Idaho Agriculture Department enforces the permit under a memorandum of understanding (MOU) with EPA, the Idaho Division of Environmental Quality (DEQ), and the Idaho Dairymen’s Association. See Dairy Regulation, discussed below.
For other CAFOs, the state DEQ assists EPA by offering technical assistance to EPA and reporting observed violations. This function falls to six regional offices of the DEQ. There do not appear to be state-wide records of this effort.
The Idaho Agriculture Department is currently working with cattle interests in the state to develop an enforcement MOU covering cattle operations.
Other Pollution Programs of Interest
CAFO Waste Management Plans Water Quality & Remediation Division of Environmental Quality Health & Welfare Department (208) 373-0562
69 Idaho Code 39-118 requires new or significantly modified facilities to submit waste management plans to DEQ for approval before construction. These approvals are handled in the regional offices. There do not appear to be statewide records kept.
Non-Pollution Programs of Interest
Dairy Regulation Dairying Bureau Animal Industries Division Agriculture Department (208) 332-8550
The Dairying Bureau licenses about 1,000 dairies in the state. Under the terms of the MOU with EPA, dairies are automatically inspected for CAFO compliance as part of the Bureau’s regular inspection for sanitation.
Egg Inspection & Grading Dairying Bureau Animal Industries Division Agriculture Department (208) 332-8550
Farms that wish to sell shell eggs commercially must request to participate in the state’s grading program. Currently three facilities are in the program. Of those, only one might have enough birds to qualify as a CAFO based on size.
Sheep Commission (208) 334-3115
Every sheep grower owes the Commission an annual assessment for each head of sheep. They can pay it in two ways. Wool buyers collect it automatically when they buy wool. Farms or ranches that sell no wool in a particular year are supposed to send the assessment in themselves. The assessment information includes the name of the ranch, the owner, the address, the name of the wool buyer, and the amount of wool sold. The information is kept on computer.
The Commission also works with USDA and the state veterinarian in implementing disease programs. It receives and files the import/export health permits required for any shipment of sheep or goats across the state border. It files a few thousand permits each year.
It also receives disease reports. Since 1997, the Commission has indemnified ranchers for animals that must be destroyed due to scrapie. In the first year of operation, the indemnity fund has had about six claims.
Disease Reporting Veterinary Services Bureau Animal Industries Division Agriculture Department (208) 332-8560
Idaho requires veterinarians to report a number of communicable animal diseases, including tuberculosis, brucellosis, infectious equine anemia, and salmonella (in poultry). A second set of diseases are "notifiable." Reporting of these is requested, but not mandated. The state has livestock inspectors in each of its four brand districts who look for disease, especially in cattle imported from out of state. The inspectors perform spot checks at markets. In addition, the state requires markets to have a private veterinarian present, who is supposed to examine every animal sold. Disease reports are kept on paper, organized by area and herd.
70 The Market Cattle Identification program assigns a back tag with an identification number to cattle at the sale yard. If the state discovers a disease problem, it can trace back the origin of the infected animals by checking for this number in records kept by the sale yards. The state also cooperates with USDA programs designed to trace back infected animals to their source.
Animal Imports Veterinary Services Bureau Animal Industries Division Agriculture Department (208) 332-8560
Idaho participates in the cooperative federal program that generates health certificates for livestock imported into the state. In addition, Idaho requires permits for importing diary cattle, sheep, certain horses, and exotic animals, including elk. Permit records show the name of the consignor or owner of the animals and an address. Permit records are cross-checked with the health certificates.
Cervidae Licensing & Inspection Veterinary Services Bureau Animal Industries Division Agriculture Department (208) 332-8560
Idaho requires licenses and does annual inspections on farms raising animals in the deer family.
Game Bird Farms Veterinary Services Bureau Animal Industries Division Agriculture Department (208) 332-8560
Idaho currently requests farms selling game birds in-state to participate in the National Poultry Improvement Program (NPIP). This may become a legal requirement soon.
Brands Brand Program Law Enforcement Division Agriculture Department (208) 884-7070
Idaho law requires owners to register brands used on cattle, sheep, and horses. Brand registration is good for five years. The state records the name and address of the brand owner. Some decades ago, the state had a tax on livestock and also recorded the number of livestock, but that is no longer done. Approximately 21,000 brands are in the system. The state publishes annual updates to its brand book. The information is also on computer.
Brand Inspection Brand Program Law Enforcement Division Agriculture Department (208) 884-7070
Idaho law requires a state brand inspector to certify ownership of livestock when it is sold, slaughtered, or sent out of state. Inspectors certify transactions involving two million head of livestock each year. Brand inspectors routinely attend livestock auctions to perform inspections. They also are present at major slaughter plants and monitor the records of mobile custom butchers. For other sales or transfers, the buyer is supposed to get a brand inspection within 10 days. Without the brand inspection paperwork, the buyer may find it difficult to resell the animal. Brand inspectors also collect fees that fund the inspection program itself plus marketing check-off, disease control, and predator control programs.
71 The state keeps paper records of each transaction for five years. The records are organized by the number on the certificate issued at inspection. They can also be accessed by the name of the inspector and perhaps by the seller’s name.
Livestock Scales Weights & Measures & Warehouse Control Bureau Agricultural Inspections Division Agriculture Department (208) 332-8690
The state inspects scales used commercially to weight livestock. They have paper and computer records of inspections, but no ready estimate of the number of scales covered.
Upon complaint, the state will inspect milk tanks on farms. The last complaint was five or six years ago.
Illinois
NPDES Program Water Pollution Control Division Illinois Environmental Protection Agency (217) 782-0610
Illinois issues three kinds of water pollution control permits: NPDES permits required by the Federal Clean Water Act and the Illinois Environmental Protection Act, state construction permits generally required by the Illinois Environmental Protection Act for water pollution control hardware, and state operating permits generally required by the Illinois Environmental Protection Act for facilities not required to have an NPDES permit. The state construction and operating permits are not applicable to CAFOs or AFOs.
CAFOs are not required to have an NPDES permit if they have no discharge. The state has a general permit covering CAFOs. Illinois currently has 30%40 permitted CAFOs statewide out of a suspected 34,000%37,000 AFOs. Four or five staffers conduct inspections and identify facilities subject to regulation. Most of the inspections are complaint driven. The Division maintains the inspection reports in files that include the name and location of each facility inspected.
Other Pollution Programs of Interest
Reporting of Released Waste Water Pollution Control Division Illinois Environmental Protection Agency (217) 782-0610
Lagoon owners or operators must report to the Illinois Environmental Protection Agency any release of livestock waste from a lagoon within 24 hours of its discovery.
Livestock Management Facilities Act Environmental Programs Bureau Natural Resource and Agricultural Industry Regulation Division Illinois Department of Agriculture (jointly with Illinois Environmental Protection Agency) (217) 785-2427
The Livestock Management Facilities Act of 1996 establishes requirements for design, construction, operation and management of livestock facilities and waste-handing structures. The state adopted implementing rules in May 1997. The Illinois House of Representatives passed amendments on June 1, 1998, increasing restrictions on factory-scale livestock farms, banning new farms in
72 environmentally sensitive areas, requiring inspection of smaller facilities, and requiring additional rules on animal waste storage.
The Department of Agriculture administers the majority of the pre-release livestock-related regulatory programs in the state. The Illinois Environmental Protection Agency administers most of the post-release programs.
Notification of Intent to Construct or Expand Livestock Waste Program Bureau of Environmental Programs Illinois Department of Agriculture (217) 785-2427
The purpose of the Notice of Intent to Construct or Expand program is to ensure that setback distance requirements are met before a facility is constructed. This program only addresses new or expanding facilities. Owners must file notice of intent with the Agriculture Department prior to constructing a new facility designed to handle 50 or more AUs to establish an initial determination of setbacks. A notice of intent is also required to expand a facility when the fixed capital costs of expansion conducted within any two-year period exceed 50% of the fixed capital costs of a similar, entirely new facility.
As of December 14, 1998, 196 projects have submitted "Notices of Intent to Construct" a livestock facility. The Department receives on average 10 notices per month. The notices contain the following information: legal description of the land on which the livestock facility will be constructed, name and addresses of owners or operators, facility name, facility address, type and size of the facility and number of AUs, livestock management facility type (breeding, farrowing, grower, free-stall barn, milking parlor, gestation, finisher, feed lot/yard, etc.), livestock waste handling facility type (above-ground waste storage structure, earthen lagoon, in-ground waste storage structure, runoff holding pond, waste storage structure under building, other), distance to the nearest populated area (residence, non-farm business, and common place of assembly), and map of proposed facility and setbacks.
The state keeps notices both on a computer database and in paper files. It updates the files to indicate whether a facility was approved and constructed. Notices expire after 12 months. If 12 months have lapsed since submission, applicants must submit another notice if they still plan to build.
Waste Lagoon Registration and Certification Livestock Waste Program Bureau of Environmental Programs Illinois Department of Agriculture (217) 785-2427
Producers must register new or modified livestock waste lagoons with the Agriculture Department prior to construction. The facility must disclose information on capacity, dilution volume, waste volume, and other design information. After receiving a registration request to construct or modify, the Department forwards the registration to the county board, which may request a public informational meeting. Department officials conduct inspections of the lagoon prior to construction, during construction, and following construction.
Once construction is complete, facility owners must certify to the Department that the facility meets all state design requirements. Only after the final site visit is a final notice issued, allowing the facility to place the structure in service.
The Department conducts annual inspections of new or modified lagoons at facilities with 1,000 AUs or more. As of December 15, 1998, the Department of Agriculture has received lagoon registration requests from 58 facilities. Of these, 34 have been registered and certified, 12 were registered (the design was approved), 8 are in the registration process, and 4 have been withdrawn. Of the 58 facilities that have registered, 41 are swine facilities and 17 are dairy facilities.
73 The application form requires the following information: company/owner information, manager/operator information, facility location, lagoon location information, type of livestock and AUs, site investigation certification, lagoon design plans and specifications, line plans and specifications, groundwater monitoring, and construction dates. The Department maintains registration information both on a computer database and in paper files.
Waste Management Plans Livestock Waste Program Bureau of Environmental Programs Illinois Department of Agriculture (217) 785-2427
The state requires waste management plans for facilities with 1,000 AUs or more. This program applies to all facilities, not just new or expanding ones. Facilities with 1,000 to 6,999 AUs must certify to the Department that they have a plan and must maintain a copy of the plan at the facility. Facilities with 7,000 or more AUs must get the Department to approve their plans before the facility begins operation.
The Livestock Waste Management Plan Certification form requires the following information: facility name, company, address, owner/operator name, company and address, and waste management plan location. The Livestock Waste Program keeps program records, mostly on paper. To date, the Department has received approximately 100 certificates for facilities with 1,000%6,999 AUs and three certificates for larger facilities.
Livestock Manager Certification Livestock Waste Program Bureau of Environmental Programs Illinois Department of Agriculture (217) 785-2427
Livestock facilities with 300 or more AUs must have a certified livestock manager. Managers of facilities with 300 to 999 AUs can become approved through a training course or by passing a proficiency exam. Managers of facilities with 1,000 or more AUs must both attend the training course and pass the exam. Certified livestock managers are not directly linked to individual facilities and can service several facilities. Therefore, the Department cannot directly track the location of AFOs through the livestock manager certification program.
Agriculture Advisement Agreement/ General Complaint Files Illinois Environmental Protection Agency (217) 785-3960.
Illinois Environmental Protection Agency and Illinois Department of Agriculture have a formal agreement to share data on the compliance of animal operations. Since the Department of Agriculture administers all of the pre-discharge aspects of AFO’s, they have agreed to inform Illinois EPA of any discharges or other violations they witness.
Illinois EPA keeps general records of air and water complaints. AFO complaints are in the same set of files as municipal and industrial discharge complaints. There are probably 3,000 complaints on file dating to 1979. The records are on paper and are not categorized by the type of facility that was inspected. The files do not indicate whether a facility is still in operation. The files include information on the name of person contacted at the time of inspection (which could be owner/operator or hired-hand) and the findings.
Odor Complaint Program Permits Section Bureau of Air Illinois Environmental Protection Agency (217) 782-2113
74 Title 35 pt. 246 of the Illinois Administrative Code addresses air regulatory requirements for controlling odor nuisance. If Illinois EPA receives a complaint, an inspector is sent out to a site to determine whether a permit is required. There are about 8,000 facilities in the state with an air permit on file. The permits include information on the name and location of the owner/operator. The permit will also indicate whether the facility is an AFO. Permits can be searched by SIC code.
Pollution Control Investment Tax Credits Water Pollution Control Division Illinois Environmental Protection Agency (217) 782-0610
Since the 1970s livestock facilities and companies have been eligible to receive a tax break for installing pollution control devices. To receive the certification, interested parties must submit an application to the appropriate division within the Illinois Environmental Protection Agency. Livestock facilities must submit applications to the Water Pollution Control Division. Since the livestock portion of this program is administered by the same division (and staff person) as the NPDES program, it is doubtful that the applications on file would reveal many AFOs that should be permitted but are not.
Non-Pollution Programs of Interest
Dairy Inspection Program Food, Drugs, & Dairies Branch Illinois Department of Public Health (217) 785-2439
Illinois dairy licensing program operates under two state laws. The dairy program regulates all dairies that sell milk. They maintain their data on a computer database that includes information on the name of the owner/operator, address, and location. The database does not indicate the total number of dairy cows at each facility. As of July 1998, there were 1,732 active licensed dairy farms in Illinois.
Animal Health Animal Health Bureau Natural Resource and Agricultural Industry Regulation Division Illinois Department of Agriculture (217) 782-4944
The Bureau of Animal Health is responsible for detection and eradication of various animal diseases. State veterinarians perform epidemiological investigations, develop plans to eradicate disease in infected herds, and monitor and test animals.
The Bureau maintains testing records for swine, both on computer and in paper files. The swine records include information on the name of the operator, address and the number of animals tested. The records do not include information on the total number of animals at each facility, only records of the number of animals tested. The swine records are maintained on paper and computer files.
The state’s cattle health program is maintained by the federal Animal & Plant Health Inspection Service (APHIS) office in Springfield. The Bureau does have older lists of beef operations, but have not maintained them since the state has been declared free of brucellosis.
The Department also administers the National Poultry Improvement Program (NPIP) for Illinois, which requires animal health officials to test for diseases such as salmonella and pullorum at poultry- producing facilities and to inspect these facilities for proper sanitation. The poultry program generates paper records that indicate the name and location of poultry operations, but not the total number of animals at each site.
75 Import/Export Program Animal Health Bureau Natural Resource & Agricultural Industry Regulation Division Illinois Department of Agriculture (217) 782-4944
The Bureau’s Import/Export Program licenses animal dealers, the middlemen between the breeders and the finishers. The dealers are required to maintain records on the location to which the animals are transported. The Bureau has access to the data through the dealers, but does not maintain the information itself.
Indiana
NPDES Program Confined Feeding Operation Program Office of Solid & Hazardous Waste Management Department of Environmental Management (IDEM) (317) 232-8731
While Indiana is authorized to issue NPDES permits for CAFOs, a state program requiring approvals for confined feeding operations functions in lieu of issuing NPDES permits. The state definition of a confined feeding operation is more restrictive than the federal definition of CAFO, in that the state requires written approval of all operations with at least 300 AUs. This state approval incorporates waste storage and land application requirements. No other permits are required for these aspects, unless the facility is a poultry operation that also serves as an egg cracking operation&these need a separate land application license from this office (there are 25%50 of these currently). According to the agency, separate air permits are not issued for feeding operations, and agricultural operations are exempted from odor regulations at the state level. Noise from agricultural operations is regulated at the local level only.
Since the early 1970s, the agency has issued close to 4,500 approvals; currently there are somewhere around 4,000 operations under the program (some approvals have been for expansions and some approved operations have gone out of business). The agency estimates that this captures about 80% of the operations that would fall under the program.
Non-Pollution Programs of Interest
Dairy Inspection Program Dairy Division Board of Animal Health (317) 227-0350
Grade A and Grade B (manufacturing grade) milk dairies in the state must obtain a permit for their operations. The state inspects the dairy after receiving the permit application and will issue the permit provided the equipment meets state standards. Thereafter, routine inspections are conducted to ensure compliance. There are about 2,100 Grade A dairies permitted and about 950 Grade B dairies.
The agency maintains paper and computer files on all dairies. The information includes pounds produced, but not number of animals kept.
Egg Inspection Program Egg Board Purdue University (765) 494-8510
The Egg Board implements the federal Egg Products Inspection Act, as well as similar state requirements. All egg producers who move eggs off of their facilities are subject to state regulations and inspection. However, the state puts its emphasis on producers with flocks of 30,000 or more birds; these
76 are inspected on a quarterly basis. The list currently includes 25 such facilities, which the Egg Board believes represents all of the larger producers in the state. The Board maintains information about the name and location of the facility, but not the number of animals kept.
Egg retailers and wholesale distributors must obtain an egg license from the Egg Board. This would include some producers who are also wholesalers. Presumably, only the larger producers would have egg licenses, and these would also be covered under the egg inspection program above.
Livestock Disease Reporting Program State Veterinarian’s Office Board of Animal Health (317) 227-0308; 227-0345
Indiana has a list of reportable diseases, though for most types of animals&including cattle and poultry&there aren’t many diseases that are prevalent in the state. The Board does not conduct inspections in response to every report of disease; whether an inspection is done depends on the disease and the circumstances. (For example, inspections are done more often in cases of equine infectious anemia.) The Board’s records relating to diseases thus may consist only of the positive laboratory report, and they do not necessarily provide any information about the type of facility at which the diseased animal is located.
Pseudorabies in swine is a disease for which testing is required and for which the owners must submit testing records to the agency. (The state used to require brucellosis testing at change of ownership, but has since ended that program.) The Board’s records are thus more thorough in the area of pseudorabies. USDA’s recent estimate of the number of hog facilities in the state is 7,000&this includes facilities with three or four hogs as well as those with thousands of hogs. The state’s reporting requirements apply to facilities of any size. The Board keeps records of the pseudorabies laboratory test results it receives; these include the test results and the address of the facility, but not the number of animals.
In general the agency maintains is records in paper form only; however, the agency does have its pseudorabies testing information on computer database.
Animal Importing Cattle & Ruminant Division Board of Animal Health (317) 227-0316
Persons bringing cattle or pigs into Indiana must obtain an import permit. The permit information, which the state keeps on computer, includes the origin of the animals, the destination in Indiana and the number of animals involved. In addition, health certificates for imported animals must be provided to Board.
Livestock Dealer Licensing Legal Affairs and Licensing Division Board of Animal Health (317) 227-0345
Those engaged in the sale of livestock are required to obtain a license in Indiana. Once a dealer obtains a federal Packers & Stockyards program bond, the dealer applies to the state for a license. The law excludes "the purchase or sale of livestock by a producer or farmer as an incident to a farming enterprise as distinguished from that of a dealer or trader"&i.e., it excludes producers who simply sell their livestock to market. The other categories of licenses are stockyards/packers, auction markets, and individual dealers. (The type of facility can therefore be determined by the category of license.) The agency maintains license and inspection information mostly in paper form; the program’s computer database contains only a list of names and addressees of licensees.
77 Brand Registration Program State Veterinarian’s Office Board of Animal Health (317) 227-0308
Those wishing to use brands must register their brand with the state. The state maintains brand registration information; this includes the name and mailing address of the owner/applicant, but not the type of facility involved. This information is published by the Board in a brand book.
Stallion Registration Program Standardbred Board Office of the Commissioner of Agriculture (317) 232-8770
The state maintains a registry of stallions that reside in Indiana and are owned/leased by Indiana residents. The main purpose of the registry is for breeding Indiana-sired horses (many racing events in the state allow only Indiana-sired horses). Registrants must complete a form and pay a fee. The state keeps this registration information in a database; it includes information about the stallion and information about the owner (name, address, etc.). In addition, the Board publishes a stallion directory, which lists detailed information about each stallion, including the owner’s name and address.
Weights & Measures Program Weights & Measures Program Department of Health (317) 233-8134
Indiana inspects commercial livestock scales (those used in the sale of livestock) once a year. Those using the scales must also have a scale company visit once a year, and the scale company sends the agency its report as well. The agency maintains the inspection records in paper form; this information includes the type of establishment involved (e.g., auction market, slaughterhouse, etc). The agency also keeps a list of scale facilities (name, address) on computer.
Iowa
NPDES Program Wastewater Permits Section Environmental Protection Division Iowa Department of Natural Resources (DNR) (515) 281-8877
Iowa is a delegated state. DNR does not have a general NPDES permit covering CAFOs. The state only issues NPDES permits for CAFOs that are "open feedlots." These are facilities that have no roofs or only partial roofs. Fully roofed operations are "confinement feeding operations" and are only subject to the construction and operation permit programs described below. The rationale is that covered facilities do not generate runoff.
Approximately 20 CAFO facilities in the state have NPDES permits. The DNR maintains information on the name of owner/operator, addresses, etc, but does not have information on the number of animals. Records are in computer and paper files.
Other Pollution Programs of Interest
Construction & Operation Permit Programs Environmental Protection Division Iowa Department of Natural Resources (515) 281-6402
78 Authority: IAC 567%ch. 65
The Iowa Department of Natural Resources’ Environmental Protection Division (EPD) is responsible for administering laws that regulate the construction and operation of both open feedlots and confinement feeding operations. The Environmental Protection Commission adopts rules developed by EPD (in some cases in conjunction with the Animal Agriculture Consulting Organization) to fulfill their legislative mandate.
Open feedlots require construction and operation permits if they meet the federal CAFO definition.
Confinement feeding operations require construction permits if they fall into the following categories:
Confinement feeding operations using an anaerobic lagoon or earthen manure storage basin designated for an animal weight capacity greater than 400,000 pounds of cattle or 200,000 pounds of other animal species. Confinement feeding operations using formed manure storage structures (including tanks made of concrete, concrete block, wood or steel) designed to have an animal capacity equal to or greater than 1,600,000 pounds of cattle or 625,000 pounds of other animal species Confinement feeding operations which store manure exclusively in a dry form designed for an animal weight capacity equal to or greater than 4,000,000 pounds of cattle or 1,250,000 pounds of other animal species. Confinement feeding operations which use an egg washwater structure if their animal weight capacity exceed 200,000 pounds.
Facilities that meet these criteria and have been constructed since 1987 must submit permit applications. Operators must obtain a construction permit from DNR prior to beginning construction of the confinement buildings, construction or installation of manure storage structures, or prior to beginning facility modifications which significantly change the volume or manner in which manure is stored in the operation. Applications must also be submitted to the County Board of Supervisors or to the County Auditors Office in the county where the feeding operation or its structures will be located.
Confinement feeding operations only need operating permits if (a) they discharge manure into waters of the state and have more than 300 AUs, or (b) a state evaluation finds them to be providing inadequate manure control or to be causing or likely to cause pollution or violations of state water quality standards.
The construction permit applications include the following information: name of operation; owner; address & telephone; location (county, township, range, section, quarter section); contact person; whether the application is for a new operation, an expansion, or a modification; and the animal weight capacity of the operation (type of animal species, current number of animals, current animal weight capacity, proposed number of animals, and proposed animal weight capacity). In addition, operators must submit supplemental information, including the following: an engineering report and construction plans & specifications prepared by a registered professional engineer or NRCS if a facility uses egg washwater or liquid or semi-liquid manure; a soil borings report for facilities with an aerobic lagoon, earthen manure storage basin, or earthen egg washwater structure; if the operation will have three or more animal feeding operation structures, a certification by a professional engineer testifying that construction of the structures will not impede the drainage of established drainage tile lines; information (e.g., maps, drawings, aerial photos) that clearly shows both the location of animal feeding operation structures and that the structures will meet all applicable separation distances; a manure management plan in accordance with §65.16; and a list of all interested parties (the application must identify the parties that have an interest in the confinement feeding operation and the other animal operations with which those parties are involved).
The EPD maintains paper files with all of the permit application information, including the supplemental information (e.g., maps, aerial photography, soil boring reports, engineering reports,
79 structural reports on drainage tiles, manure management plans, etc). The Division maintains a computer database of all permitted facilities with some but not all of the permit application information. The computer database includes information on the facility name, address, location, live weight, type of animal, and storage control structure. Although the law states that permit applications must also be submitted to the county office, they may not be well maintained at the county level.
Some of the permitted facilities may not have been constructed and some may have been constructed but are no longer in operation. In addition, facilities that have expanded or constructed more than once since 1987 may have more than one permit on file. From January 1989 through March 10, 1998, DNR has received 660 permit applications.
Separation Distance Requirements Environmental Protection Division Iowa Department of Natural Resources (515) 281-6402
Iowa law requires proposed confinement operations to maintain a minimum separation distance between the operation and neighboring residences and other public use areas. These distance requirements vary with the size of the operation and the type of manure storage used. Confinement operations are also subject to minimum distance requirements from features such as public or private wells, agricultural drainage wells, sinkholes, lakes, rivers, and streams.
All permitted facilities are required to adhere to separation distance requirements. Some facilities that are not required to submit a construction permit must comply with separation distance requirements. For example, confinement feeding operations using earthen manure storage basins are required to comply with separation distance requirements even if they have less than 200,000 pounds of animals. Confinement feeding operations using formed manure storage structures are required to comply with the requirements even if they have less than 625,000 pounds. New requirements established through legislation signed May 21, 1998 have a lower threshold for separation distances. DNR is currently developing rules to implement the new law. The law still contains an exemption for formed structures with less than 200,000 pounds.
Operators are not required to submit any documentation proving they are in compliance with separation distance requirements. Although this information can probably be found in the permit applications for permitted facilities, DNR does not have documentation for unpermitted facilities.
Manure Management Requirements Environmental Protection Division Iowa Department of Natural Resources (515) 281-6402
Iowa requires all new permitted, some new unpermitted, and some previously permitted confinement feeding operations to prepare and submit a manure management plan. The original plans are filed within DNR, and a current plan must be maintained on site by the operation and made available for review by DNR staff. Legislation passed in May 1998 requires facilities to submit manure management plans if they have above 200,000 pounds. The law was retroactive to 1985. Operations constructed before May 1985 and operations with less than 200,000 pounds do not have to submit a plan.
For those facilities that are permitted, DNR maintains the manure management plans in paper files. The computer database only includes information on the name and county of the facility. For those facilities that are unpermitted, but are required to submit a manure management plan, DNR maintains information on the facility’s name and county in the database. The plans for these facilities are maintained at one of DNR’s six field offices. Iowa DNR has received roughly 300 manure management plans from facilities that have construction permits since 1995 (approximately 75%100 permits a year). DNR has received 392 manure management plans from unpermitted facilities.
80 Manure Storage Indemnity Fund Environmental Protection Division Iowa Department of Natural Resources (515) 281-6402
Iowa law establishes a manure storage indemnity fund to assist with site cleanup at abandoned confinement feeding operations that come under county control. The fund collects money from fines for violations at confinement feeding operations and from state fees assessed for construction of a confinement feeding operation. The EPD maintains data on the facilities that have contributed to the manure storage indemnity fund. DNR’s computer databases include information on the name of the facility, permit number, issuance date, animal type, live weight, and mailing address (but not location). Although the information is available on DNR’s computer databases, several databases must be cross- referenced to create a complete list of all of the facilities that have contributed to the fund.
Information from Prior Programs Environmental Protection Division Iowa Department of Natural Resources (515) 281-6402
Although Iowa’s construction permit program, manure management plan requirements, and separation distance requirements date back only to 1995, the state has had some form of a regulatory program since 1969. DNR has maintained some data on the location of facilities and their activities prior to 1987, although none of it is on a computer database.
In the past, DNR has attempted to identify the location of animal feedlots using section-by- section photography. The photography was used to identify open field lots greater than five acres. DNR found that it was more difficult to identify roofed feedlots using this method, but there are still indicators of whether a roofed facility is a feedlot or another type of operation.
Regulation of Water Withdrawals Environmental Protection Division Iowa Department of Natural Resources (515) 281-6402
If a livestock operation will be withdrawing in excess of 25,000 gallons of water per day, the owner must apply for a water withdrawal permit.
§305(b) Program/Fish Kill Program Environmental Protection Division Iowa Department of Natural Resources (515) 281-8905
DNR’s Clean Water Act §305(b) staff completes reports on fish kills in the state. When feedlots are obviously the source of the fish kill, DNR identifies the specific fish kill, the operator, and their location. DNR maintains a Paradox database for fish kill reports that includes the feedlot name and location, date the kill occurred, date the kill was reported, date it was investigated, and causes and sources of the kill. The information on the causes of the kill will specify if a feedlot was the source but will not specify the cause of the failure at the feedlot. If an AFO is the source of the kill, the database does include information on who the operator of the AFO is and the location of the facility by township, range, and section.
Non-Pollution Programs of Interest
Dairy Producer Permitting Program Dairy Products Control Bureau Iowa Department of Agriculture (515) 281-3545
81 Dairy production standards in the state follow the federal model Pasteurized Milk Ordinance. Diary producers must receive a permit from the Iowa Department of Agriculture. The Department maintains a computer list of all producers and publishes a list of all producers. The list includes information on the name of the producer, their address, and the area of the state they are in. It does not include additional information on location or number of animals owned by an operator.
Dairy Distributors Program Dairy Trade Practices Bureau Iowa Department of Agriculture (515) 281-5961
Iowa maintains a registry of the dairy processors and distributors in the state. Iowa requires that anyone who sells milk in Iowa must submit a permit application, whether or not the dairy itself is physically located in Iowa. The list includes the sellers who act as middlemen. The permit application requests the seller’s name and address, plant number, and current prices.
Animal Health Programs State Veterinarian & Regulatory Section Bureau of Animal Industry Iowa Department of Agriculture and Land Stewardship (515) 281-5305 & 281-5547
All livestock, poultry, horses and mules, swine, and sheep shipped to Iowa must be accompanied by a Certificate of Veterinary Inspection or permit or both when required. All animals and poultry entering the state must be consigned to a corporation or an individual. The Certificate of Veterinary Inspection must also include the destination of livestock; purpose of movement; number of animals; point of origin; and name and address of consignor. Permits are required for all feeder pigs (Feeder Swine Section); all feeder class heifers (Feeding and Grazing Section); and when variances are requested. Swine shipped to Iowa must also include individual identification.
The Regulatory Section maintains health certificates in paper files. The files are separated by state of origin and by individual species. The only information maintained on computer is a count of the total number of animals imported in a given month.
Vaccination Requirements for Feeder Pigs State Veterinarian, Regulatory Section, & Pseudorabies Section Bureau of Animal Industry Iowa Department of Agriculture and Land Stewardship (515) 281-5305, 281-5547 & 281-6358
In approximately 20 counties in Iowa, owners must vaccinate feeder pigs within 45 days of importation. These counties have 3% or greater pseudorabies infection rates. The state maintains information on compliance with the health certificates.
Kansas
NPDES Program Kansas Department of Health and Environment (KDHE) (785) 296-5513
KDHE has the authority to issue and enforce NPDES permits. In Kansas, the definition of a "concentrated animal feeding operation" is (1) any confined feeding of 300 or more cattle, swine, sheep or horses at any one time or (2) any AFO of fewer than 300 head of animal using a lagoon or (3) any other AFO having a water pollution potential or (4) any AFO whose operator elects to come under the regulations for concentrated animal feeding operations.
82 AFOs with fewer than 1,000 head of animal are regulated under state wastewater control permits and those with more than 1,000 head of animal are regulated under NPDES permits, issued by the state. Small facilities that contain between 300 and 1,000 head of animal and are not likely to significantly pollute the environment are issued a general certification of compliance. Large facilities with more than 1,000 head of animal, as well as small facilities that are determined by inspectors to be possible polluters, are issued individual permits.
Other Pollution Programs of Interest
§305(b) Program Bureau of Environmental Field Services Kansas Department of Health and Environment (785) 296-5580
The state’s §305(b) program identifies the sources of probable impairment of polluted waterbodies through a GIS. They have 250 sampling points that represent stream segments and have overlaid this with locations of municipal waste systems, land cover, land use, crop use, and feedlot location. Using this database, they can plot violations and look for an obvious causal agent. If there are very serious water quality problems (which are many times determined by a fish kill), a more in-depth study is done in the field. The feedlot category of this database includes all facilities with 300 or more animals. There are about 4,000 names and locations of feedlot facilities in the database, which includes feedlots with active and inactive permits. The Bureau believes that only about half of the permits are active. The information in this category is outdated because it was created in 1995. Use of this GIS database is available on the Internet at http:\\gisdasc.kgs.ukns.edu\dasc.html.
Feedlot Licensing Program Livestock Commissioner Animal Health Department (785) 296-2326
Authority: 28 KAR Art. 15
This program issues an operating license to all feedlots (AFOs with more than 1,000 head of animal) once they have obtained all necessary permits for construction, wastewater release, and water diversion. The license application requests information regarding the name of the facility, the name of the owner and operator, the location of the facility by postal address, the subclass of the facility, information regarding the disposal of manure, information regarding the number of AUs that the facility is designed for, as well as the number of AUs present.
There are approximately 430 licensed feedlot facilities in Kansas. The Animal Health Department has records of each facility in a computer database. The Department has generated its list with the aid of the KDHE. An AFO first has to register with KDHE to obtain a permit for construction and wastewater disposal. When KDHE issues these permits to a facility that contains or will contain over 1,000 head of animal, it alerts the Animal Health Department, which sends a license form to the owner.
Construction and Operating Permit Program Kansas Department of Health and Environment (785) 296-0077
Authority: 28 KAR Art. 18
KDHE issues an individual permit to all AFOs with more than 300 animals to allow them to construct and operate an AFO. The permit issued covers construction,
83 operation, waste management, odor control, nutrient management, separation distance requirements, and facility closure.
The information collected through this permitting program includes the name, owner and operator of the facility, the location by postal address, the subclass, information about the design of the facility and its waste management structures, and the maximum number of animals that the facility can lawfully hold.
There are approximately 5,500 permitted AFOs in Kansas. KDHE maintains this permitting information in a computer database, which is currently being restructured so they can integrate information with other agencies.
Non-Pollution Programs of Interest
Dairy Inspection Program Department of Agriculture (785) 296-7020
All farms selling milk commercially must obtain an individual permit from the Department. Each permitted facility is inspected four times a year for sanitary requirements. The information collected on the permit includes the name of the facility, the name of the owner and operator, the location of the facility, the type of equipment used for milking, what processors the facility is selling its milk to, and the number of cows they intend to milk. There are approximately 678 Grade A facilities, whose milk is shipped directly to bottling plants, and there are approximately 73 manufacturing grade facilities. The information is maintained at the Department of Agriculture in paper format and in a computer database. The information is kept up to date by inspectors, who are able to determine whether a facility has an increase or decrease in the number of cows they are milking. Information is also recorded about monthly tests that are done on samples of milk from each farm.
Water Appropriation Permits Division of Water Resources Department of Agriculture (785) 296-2116
Farmers must obtain an individual permit for water appropriation if a farm has the capacity to hold more than 1,000 animals. The farmer is required to report the amount of water used yearly. When applying for the permit, farmers must estimate the number of animals they will have and the amount of water they will use each year for five years in the future. The Department estimates that stock cattle will use a maximum of 15 gallons per head per day. The permit application requires the name of the facility, the owner and operator, location of the feedlot and the well, the number of cattle at maximum capacity, information about subclass of the facility, a topographic map, and aerial photography of the property.
This permit is valid for the duration of the farm’s operation, and the maximum quantity of water requested cannot be increased. The state has issued approximately 45,000 water permits, of which about 2% (i.e., about 900) are for stockwatering . The information collected from these permits is maintained in a central computer database.
Brand Registration Brands Office Animal Health Department (785) 296-2326
All farmers in Kansas that brand their animals must register their brand with the Brands Office. The registration form collects information about the name of the facility, the owner, operator, and location of the facility. No information is collected on the subclass of the facility or the number of animals contained there. The registration forms are maintained as paper records and in a computer database. All registered brands are published in a brands book, which is updated through published supplements. There are approximately 21,000 registered brands in the state, but the Brands Office believes that there
84 are many farmers who are not registered. The Office is attempting to expand their list and relies on inspectors at markets to identify brands that are not registered.
License for Livestock Dealers Livestock Commissioner Animal Health Department (785) 296-2326
All individuals that buy and sell livestock must become registered and bonded with the federal Packers & Stockyards program before applying for a state license. The information collected in the license includes the name and address of the individual and the location of their feedlot facility, if they own one. There are approximately 160 licensed livestock dealers in the state. The Department believes that there are dealers that are not licensed and they are attempting to identify these people through inspections at markets. The licenses are maintained as paper records at the Animal Health Department.
Requirements for Imported Animals Animal Health Department (785) 296-2326
All animals being imported into the state must have a health certificate from the exporting state on file at the Animal Health Department. There are many different requirements for animals being imported, depending upon the type of animal and the state that it is originating from. Animals coming from certain classes of states are required to test negative for specified diseases. On the health certificate, there is a section to be filled out about the shipper and one to be filled out about the receiver. The information collected about the receiver includes their name and the address of their facility. Information on the subclass of the facility is inferred from the type of animal being shipped there. The health certificates are maintained as paper records.
License for Feeding Garbage to Animals Animal Health Department (785) 296-2326
All farmers that feed garbage to animals are required to obtain a license from the Department of Animal Health and abide by regulations on how garbage should be cooked. In Kansas, garbage is defined as any refuse containing animal protein. These facilities are inspected yearly to monitor the garbage-feeding process. The information collected by the license includes the name of the facility, the name of the owner and operator, the location of the facility, the subclass and the average number and type of animals being fed garbage. There is only one farmer in the state with a license to feed garbage, and his license is maintained at the Animal Health Department in paper format.
Kentucky
NPDES/Kentucky Pollution Discharge Elimination System (KPDES) Program KPDES Branch Division of Water Department for Environmental Protection (502) 564-2255 x423
The KPDES Branch of the Division of Water within the Environmental Protection Department has the authority to issue and enforce KPDES permits. However, to date the state has reserved the right to do so and has instead issued No Discharge Operational Permits (see below). In the event that a large problem facility emerges in the future, the state could classify it as a CAFO and regulate it under the KPDES program. In such as case, the state would use the federal definition for CAFOs.
85 Other Pollution Programs of Interest
Kentucky No Discharge Operational Permits (KNDOP) KPDES Branch Division of Water Department for Environmental Protection (502) 564-2255 x423
Pursuant to 401 KAR 5:005, any confined animal feeding operation®ardless of size&must obtain an operating permit to employ a liquid manure handling system. Permits prohibit any discharge to surface waters and must be renewed every five years. Currently, there are 1156 permitted facilities (585 dairy, 383 swine, 132 beef), each on individual permits. There are no good estimates of just how many of the 90,000 animal agriculture facilities in the state might need to be permitted under this program. Most potentially problem-causing facilities tend to be covered, but smaller, noncontroversial farms have gone largely unnoticed. Of the permitted farms, the average size is estimated to be 50%60 AUs for dairy (none greater than 1,000 AUs) and 40%50 for beef (none greater than 1,000 AUs). Swine facilities range from under 90 AUs to nearly 9,000 AUs&the median is about 400 AUs (approximately 60 are greater than 1,000 AUs).
The KPDES Branch keeps paper files and computer database records on all permitted facilities. The database is able to generate a list of permitted facilities by class (e.g., animal agriculture) or subclass (e.g., swine). The list would include facility name and location, number of animals, longitude and latitude, and the permit number, among other things. Paper files contain slightly more information, such as topographical maps with the facility location and, in the case of facilities with construction permits (see below), facility design specifications and site survey data. The agency offices keep paper files of active permits; files on inactive facilities are archived.
The Branch is currently putting together a comprehensive AFO inventory to increase compliance with this and other programs. The Branch anticipates that this will be the most comprehensive AFO database in the state upon completion. Whenever inspectors conduct routine visits to permitted facilities, they record information&such as number of animals, types of animals, facility design specifications and location&about any other AFO they come across. In addition, inspectors are locating AFOs using historical records and information provided by large integrators and other statewide resources.
Inspectors then submit this information to the central office electronically (by either e-mail, or preferably via a web-based interface linking directly with the database) for verification of permitting status and updating of the database. If a facility is not permitted, the information submitted is entered into the KNDOP database and a notation is made that the facility is not permitted. Since the effort is still ongoing, it is not yet clear how many unpermitted facilities will be discovered, but several hundred have already been identified. The Branch has not yet determined how to go about using this information to increase compliance, though the all data that have been received can be viewed in a GIS environment. The Branch hopes to complete the inventory by the end of calendar year 1999.
Permit to Construct an Agricultural Waste Handling System KPDES Branch Division of Water Department for Environmental Protection (502) 564-2255 x423
Also pursuant to 401 KAR 5:005, the state requires a permit prior to building a sewage treatment facility (animal or human). According to the agency, this requirement is sometimes overlooked. Facilities needing the permit are generally identified through inspectors who respond to water quality complaints and detect the need for a waste handling system. In such cases, inspectors advise the facility and the agency that a construction permit is needed. Most of the facilities that obtain this permit are later listed in the operating permit database; however, there are currently about 100 facilities that once applied for a construction permit but either did not build the structure or did not advise the agency that it was built
86 (upon building, facilities are supposed to submit an "As Built Certification" which triggers the operating permit process). Some of these 100 facilities might, nonetheless, be operating.
The Branch stores records of construction permit applications initially on paper in the permit writer’s office, then moves them after construction to a general filing system that contains both construction and operation permit records. Construction permit applications contain facility design specifications and site survey information such as number of AUs, information on facility type, and a topographical map showing the facility location. The Branch discards files that are inactive for five years. While the requirement applies to both animal and human waste systems, files on animal facilities are stored separately.
Swine Waste Management Permit (SWMP) KPDES Branch Division of Water Department for Environmental Protection (502) 564-2255 x423
Emergency regulations currently in effect require new or newly expanding facilities with 1,000 or more swine units to obtain a Swine Waste Management Permit [401 KAR 5:009E]. This permit is much like the KNDOP except it has more requirements (e.g., setback distances, public notice, soil analysis, groundwater monitoring). As of June 1999, the Branch had not yet issued any SWMP permits. If a permit is issued, the Branch will keep records in the same database as KNDOP records. The SWMP regulations expire at the end of March 2000.
Groundwater Protection Plans Groundwater Branch Division of Water Department for Environmental Protection (502) 564-3410
Pursuant to 401 KAR 5:037, any facility that handles waste (e.g., manure) other than residential waste generated on the premises must have a groundwater protection plan outlining best management practices (BMPs) used to protect groundwater. Animal agriculture facilities over 10 acres fall under the authority of the Agriculture Water Quality Authority (see below), while those under 10 acres remain under the jurisdiction of the Groundwater Branch. Facilities need not submit their plans to the Branch unless specifically asked to do so, but they must keep them on site. Regulations also let third parties request plans directly from facilities. Since the program is only three years old, the Branch has not yet requested many plans. Currently, there are about 170 on file in the Branch office. Perhaps two of them may be animal-related.
The Branch keeps all submitted plans in paper files sorted by the facility name. However, a tracking database can identify facilities of interest. One could query the database for waste storage issues to generate a list that would include the animal facilities. One could then consult the paper files to determine which entries on the list are feedlots. Paper files contain information including facility name, address and location, as well as information on facility type, number of animals, and waste storage structure design as it pertains to BMPs selected.
Agriculture Water Quality Plans Groundwater Branch Division of Water Department for Environmental Protection (502) 564-3410
Under the Agriculture Water Quality Act [KRS 224.71.100-140], all farms over 10 acres must have an Agriculture Water Quality Plan in place by October 2001 (or sooner in the case of bad actors) outlining pollution prevention measures designed to protect both surface water and groundwater. The Agriculture Water Quality Authority, a stakeholder entity established under the Act, is to set BMPs, subject to the approval of the Division of Water. Facilities must keep plans on site and submit them to the Division on
87 request. Unlike Groundwater Protection Plans required for smaller farms, third parties do not have regulatory authority to request Agriculture Water Quality Plans from farmers.
The Division has yet to determine what sort of record keeping or tracking mechanism will be used under this program. Most likely, farmers will retain anonymity under whatever system is chosen. There is no move underway to develop a comprehensive list of plans developed statewide, but the Division may create a database to track plans that are requested and received.
Odor Surveys Air Quality Division Department for Environmental Protection (502) 573-3382
Kentucky air quality rules (401 KAR 53:010, pursuant to KRS 224.10-100) include odor standards but none specific to animal agriculture facilities. Odor inspections are generally complaint-driven. The Division gets about 2,000 complaints a year, a very small percentage of which concern feedlots.
Division staff record all air quality complaints, including odor complaints, in a log book (they plan to move to a computerized system soon). The log book contains basic information such as the type of complaint.
Upon receiving a complaint, inspectors investigate the degree and source of the problem. They submit paper reports, which the Division files either by facility identification number (in the case of facilities with air permits) or by county (generally the case for AFOs). Inspection reports typically contain the facility name and location, but not necessarily information on the class, subclass or size of the facility.
To determine which facilities are AFOs, one would have to scan the log book for odor complaints and use the facility name to try and determine which are feedlots. Once could then cross-reference the inspection files to learn more about the facility.
Non-Pollution Programs of Interest
Dairy Inspection Milk Safety Branch Division of Public Health Protection & Safety Department of Public Health (502) 564-3340
The Milk Safety Branch regularly inspects just under 2,000 Grade A dairies and just under 200 manufacturing grade dairies in the state. It inspects each Grade A facility every three or four months. The Branch collects basic data and inspection reports on each dairy. Most information is on computer with paper back-up. Information includes figures on pounds of milk produced but not numbers of animals.
Water Withdrawal Permits Water Resources Branch Division of Water Department for Environmental Protection (502) 564-3410
Pursuant to KRS 151.140-200, agricultural facilities that withdraw over 10,000 gallons of water per day from a private source need a permit. Presently, there is one permitted AFO (a hog facility), but several more have been proposed. There is also a poultry facility with temporary authorization to withdraw, but information on this facility does not appear in the record-keeping system since it is not actually permitted. There are well over 1,000 active permits right now, and about 20%50 temporary authorizations.
88 A database of active permits includes information such as facility name, location and address, and the facility’s standard industrial code (SIC). There are about a dozen SICs that pertain to animal agriculture, so one could query the database for each of those codes to identify the permitted AFOs.
Permit to Construct in a Floodplain Water Resources Branch Division of Water Department for Environmental Protection (502) 564-3410
KRS 151.250 requires a permit for construction in a floodplain or a related stream. The Branch has issued approximately 10,000 permits to date, but only one to an AFO. There is a database of permitted facilities, but it is not searchable by facility type. Records only include the facility name, address, and type of construction activity (e.g., bridge, dam). Corresponding paper files might have more complete information including facility type, but there is no guarantee.
Livestock Import Permit Division of Animal Health Department of Agriculture (502) 564-3956
Pursuant to KRS 257, persons bringing most species of animals into the state must obtain a livestock import permit prior to entry. The permit application solicits information such as the origin and destination of the livestock, and the types and numbers of animals. A certificate of veterinary inspection is also required. The Division of Animal Health maintains paper records of permits sorted by the receiving individual’s name.
Livestock Dealer Licensing Division of Animal Health Department of Agriculture (502) 564-3956
Pursuant to KRS 257, anyone who buys, sells, or trades livestock and does not maintain ownership for 28 days must obtain an annual livestock dealer license. The Division maintains a database of licensed dealers. Dealers also must maintain records on the animals they handle, including the origin and destination of animals transferred and the number of animals housed at the facility. At present, about 600 dealers are licensed.
First-Point Brucellosis Testing Division of Animal Health Department of Agriculture (502) 564-3956
All cattle that enter Kentucky must have a negative brucellosis test, and all cattle raised on Kentucky farms that leave for slaughter or transfer of ownership must be tested at the first assembly point (usually the livestock market). Tests are conducted by the livestock market veterinarian and analyzed by the Division of Animal Health. The Division keeps test records, which include the cattle owner’s name or the farm or origin, in an electronic database. The database is searchable by livestock yard or by cattle owner’s name, but it cannot generate a list of all cattle owners.
Equine Infectious Anemia Testing Division of Animal Health Department of Agriculture (502) 564-3956
By statute, all horses congregating for exhibition or transfer of ownership must be tested for equine infectious anemia. Local veterinarians conduct the test and submit samples to a laboratory for
89 analysis. A copy of the test record is sent to the Division of Animal Health for entry into a database. The database can be searched by the owner’s name, but it cannot generate a list of all owners.
Pseudorabies Testing Division of Animal Health Department of Agriculture (502) 564-3956
Prior to change of ownership or import into the state, swine must be tested for pseudorabies. Testing is conducted at a USDA laboratory. The Division of Animal Health maintains a database of testing records, which include the swine owner’s name. The database can be searched by owner name, but it cannot generate a list of all swine owners.
Livestock Scale Inspection Division of Regulation and Inspection Office of Consumer and Public Service Department of Agriculture (502) 564-4870
Pursuant to KRS 363.500 et seq., all commercial scales including those used to weigh livestock must be inspected regularly. Scales on farms are typically inspected annually, while those at stockyards are inspected twice a year. There are about 40%45 farms and about 120 stockyards in the program.
A database of scales can generate a list of those used to weigh livestock. The list would include the name, address and phone number of the facility, as well as the name of the owner or operator. Only active facilities are kept in the database; records of inactive scales are purged after a year.
Egg Licensing & Inspection Division of Regulation and Inspection Office of Consumer and Public Service Department of Agriculture (502) 564-0527
Pursuant to Kentucky’s egg law, anyone who commercially sells or distributes eggs in the state must be licensed. Facilities with 3,000 or more chickens are licensed through USDA, while those with under 3,000 chickens are licensed by the Division of Regulation and Inspection.
The application for licensing asks for the name and address of the facility, the names of egg suppliers and distributors supplied, whether the facility sells fresh eggs, and the weekly sales average. There is a database of licensed facilities, but it cannot be queried to determine which facilities are farms and which are merely distributors. One would have to look at the comments section in each database record or scan paper files to determine which are farms. Since there are about 250 facilities, of which about 10 are farms, this would be a tedious process. The Division does, however, plan to change the database format and may include a new field to indicate if the facility supplies its own eggs.
Hatchery Inspection Agricultural Marketing Service Division of Regulation and Inspection Office of Consumer and Public Service Department of Agriculture (502) 564-0527
Under contract with USDA, the Agricultural Marketing Service does yearly hatchery inspections. All hatcheries must register with USDA. Currently, there are four registered hatcheries in Kentucky, and one more is getting ready to open. The Agricultural Marketing Service maintains a list of all the registered hatcheries. The list contains information such as the facility name and address, but does not indicate the number of animals.
90 Organic Certification Organic Program Division for Value-Added Horticulture/Agriculture Department of Agriculture (502) 564-4696
Pursuant to 302 KAR 40:010, Kentucky has promulgated standards for organic certification of livestock and eggs. Certification must be renewed annually. Since the program has only been in place for two years, interest to date has been low. Presently, there are no certified producers, but people have inquired about the standards, and the Department of Agriculture expects to certify some farms in the next growing year. Records of certification will be kept in a database that can be queried to generate a list of livestock or egg producers. Database records will include the facility name, location, and acreage, as well as the number of animals of each species. Paper files will contain additional information such as a legal description of the property and a map showing its aerial view and location.
Louisiana
NPDES Program General Permits Unit Office of Water Pollution Control Louisiana Department of Environmental Quality (DEQ) (225) 765-0521
Authority: 33 LAC 301(J)
Louisiana has a delegated program as of 1997. The Louisiana Clean Water Act authorizes the DEQ to designate sufficiently large animal feeding operations as concentrated animal feeding operations if they discharge pollutants directly to surface waters. These discharges are then subject to a Louisiana Water Discharge Permit System (LWDPS) permit. The Act gives specific criteria, but DEQ can also make case-by-case decisions based on the significance of the pollution in the case of discharge.
Louisiana has only four permitted CAFOs, which include egg production, pork production and a feedlot. Although the NPDES permits for these CAFOs have formally expired, DEQ has administratively continued them until it develops a new general permit for CAFOs.
Louisiana’s primary AFOs are small dairies, averaging 25%60 head each and poultry/egg producers and processors. There are also a number of smaller swine farms. Dairies are the primary perceived and regulated problem because of past contamination of a scenic and recreational river.
Other Pollution Programs of Interest
Clean Water Act: Water Discharge Enforcement Surveillance Section Office of Water Pollution Control Louisiana Department of Environmental Quality (225) 765-2512
Enforcement Division Louisiana Department of Environmental Quality (225) 765-0618, 765-0606
The four permitted CAFOs are inspected annually.
Under the Louisiana Clean Water Act, DEQ field inspectors may issue notices of violation which go to the Enforcement Division. These notices are kept on record and contain information such as the site, number of animals, purpose of the operation, acreage, nature of the violation, etc.
91 In 1988, DEQ targeted the Tangipahoa watershed for a voluntary program and used targeted enforcement actions to encourage farmers to join. The Tangipahoa watershed has the highest concentration of AFOs (small dairy farms) in the state. Prior to 1988, there had been several water advisories for high levels of fecal matter in a well-used water recreation area. The DEQ investigated and found that of the 500+ dairies in Louisiana, 2/3 were located in the Tangipahoa. DEQ developed a voluntary program with NRCS to assist dairies to install lagoons and land application for the manure. Where prompting was needed for dairies to join this voluntary program, DEQ used enhanced enforcement through issuance of administrative orders and notices of violation. As a result, the water quality has dramatically improved, and all but 30 dairies have installed the best management practices (lagoons and land application).
DEQ started this process with a list of every dairy around the watershed. It got this list from the Department of Health and Hospitals which permits the sale of milk and maintains a list of the permitted dairies (see Dairy Permitting section below). DEQ has begun a similar process in the northwest of the state where many of the remaining dairies are located. These dairies already tend to have lagoons and land application, so the program is focused on maintenance and best management practices.
Groundwater Protection Office of Waste Services Louisiana Department of Environmental Quality (225) 765-0585
The Louisiana Ground Water Protection Division (GWPD) does not currently have CAFOs/AFOs or animal waste management as one of its priorities. In the past, the Division included a prevention program in which monitoring wells were installed around several animal waste treatment lagoons to ensure ground water quality is protected within the Tangipahoa Parish watershed (see enforcement section above).
The Ground Water Protection Division does not issue permits. However, prior to any other division issuing permits, permit modifications, permit exemptions, or construction authorizations, the GWPD certification staff must issue a ground water quality certification for the project. The purpose of the certification is to ensure that the quality of the ground water has been evaluated and that the activity will not negatively influence ground water quality or hinder remediation. In practice, however, this has little to do with animal feeding operations.
Non-Pollution Programs of Interest
Dairy Permitting Program Milk and Dairy Program Office of Public Health Department of Health and Hospitals (225) 765-5022
The Public Health Division of the Department of Health and Hospitals inspects and licenses dairy farms for milk safety and quality under the federal rules. Each dairy farm in the state is licensed. The records of the permits are kept in the six regional offices and updated every six months. The records of inspections are also kept in the regional offices.
Permit information includes the name of the farmer, location of the dairy, and permit requirements. Inspections records may contain more information about conditions at a specific dairy.
Egg Permitting Program Poultry and Egg Division Department of Agriculture and Forestry (225) 925-3772
The Department of Agriculture licenses egg producers. The producers send in monthly reports concerning the health and labeling of the eggs and are audited at least every two years.
92 Louisiana only has one large corporate egg producer and one large independent commercial egg producer.
Information about the egg producers from the permits, the reporting, and the audits is kept on file and is computerized. The information tends to concern the implementation of the egg production health requirements and does not contain information concerning how many hens are kept in one facility or the conditions under which they are kept.
Livestock Brands Livestock Brand Commission Department of Agriculture and Forestry (225) 925-3962
The Livestock Brand Commission investigates all agricultural crime in the state, including livestock thefts. It maintains brand records and publishes a brand book and reports livestock information. The Louisiana brand program is voluntary, but if you chose to brand your livestock, you must register the brand. Brands are primarily used for cattle (including dairy) and for horses (mostly tattoos and microchips). Only the name, address, and a copy of the brand mark or number is kept in the official record.
Livestock Disease Reporting Office of Animal Health Services Department of Agriculture and Forestry (225) 925-3980
Authority: Agriculture and Forestry Regulations §121
Local practicing veterinarians report diseases. The reports include the name and address of the owner; the location of the premises; the mortality rate; the number of susceptible animals in the immediate area; and the approximate number of livestock or poultry exposed. The Louisiana Livestock Sanitary Board sends someone out to take samples. The samples go to a federal laboratory.
The state Department of Agriculture keeps records of the diseases (by disease, not by farm). These have not been compiled in any type of overview or searchable database. The information about the farm will primarily be its location, with most of the information focused on the disease outbreak and conclusion. The Department of Agriculture started a computer database to track disease reports in January 1999 with federal government assistance. So far no diseases have been reported under this new system.
Livestock Import Permits Office of Animal Health Services Department of Agriculture and Forestry (225) 925-3980
Louisiana requires animal import permits for swine, deer, and wild animals. It does not require them for poultry, cattle, sheep, or horses. The import permits must give the final destination. In the case of swine, this is typically a farm (as opposed to a holding facility or sale lot).
Very few livestock import permits are issued for swine in practice because Louisiana farmers tend to import purebred swine from states or farms certified as brucellosis and pseudorabies free. Swine imported from these states and farms do not require an import permit.
The records of the permits are paper only. There is no overview list that is compiled of the imports. The records are open to the public, but would be cumbersome to search.
93 Maine
NPDES Program & State Wastewater Discharge Law Division of Water Resource Regulation Bureau of Land and Water Quality Department of Environmental Protection (207) 287-7685
Authority: 38 MRSA ch. 3, §§413 et seq.
Maine does not have delegation of the NPDES program, but state law requires a license to discharge pollutants to surface waters. It also requires a license to discharge pollutants to groundwater except for subsurface disposal systems installed under the State Plumbing Code. Currently, no farms have licenses. Agricultural operations are typically designed to avoid the requirement for a discharge permit. One large egg farm in the state is now applying for a state discharge permit license. It proposes to build lagoons and a spray irrigation operation for the wastewater from its egg washing plant; it has been disposing of the wastewater into subsurface systems that have failed.
Other Pollution Programs of Interest
Nutrient Management Act Office of Agricultural, Natural and Rural Resources Department of Agriculture (207) 287-7548
The state legislature has recently passed a law requiring any farm with greater than 50 AUs to have a nutrient management plan, and requiring any new or expanded farm with greater than 300 units to have a permit in addition to a nutrient management plan. Implementation of these requirements has not yet begun. At the time of these interviews, state agencies were engaged in the rulemaking process. Officials projected that the program will be fully operational by July 1, 1999.
One of the provisions of the Nutrient Management Act calls for creation of a working group to develop a proposal of how the state will deal with large animal feeding operations (greater than 1,000 AUs). That study is underway, and people expect that legislation will be introduced in the legislature in 1999. More than one agency is interested in assuming a role.
State Certification For Manure Management Pits Division of Water Resource Regulation Bureau of Land and Water Quality Department of Environmental Protection (207) 287-7685
The office is responsible for certifying manure management pits that are eligible for (a) state sales/use tax reimbursement and (b) local property tax exemption. The program only has information on sites seeking special tax treatment; it gets information only when a farm owner or operator submits an application. For the older certifications the only useful information requested was the name of the farmer or owner; the oldest applications are no longer available. The application for new certifications asks for the number of animals and the size of the pit.
Site Location of Development Law (Site Law) Division of Land Resources Regulation Bureau of Land and Water Quality Department of Environmental Protection (207) 287-7848
94 Authority: 38 MRSA §§481%490
This law requires a permit for certain developments such as shopping centers, large subdivisions, commercial and industrial parks, projects occupying more than 20 acres, and large structures. Only one animal operation has come under this law to date. The state has considerable information on this one operation.
Natural Resources Protection Act (NRPA) Division of Land Resources Regulation Bureau of Land and Water Quality Department of Environmental Protection (207) 287-7848
Authority: 38 MRSA §480
The NRPA requires a permit when a proposed "activity" will be located in a "protected natural resource" or located adjacent to and operated in a way that material may be washed into a protected natural resource. "Protected natural resources" include great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands, sand dune systems, and rivers, streams, and brooks. An "activity" is (a) dredging, bulldozing, removing, or displacing soil, sand, vegetation, or other material; (b) draining or other dewatering; (c) filling; or (d) construction, repair, or alteration of a permanent structure. Exemptions include "altering a freshwater wetland for the purpose of normal farming activities." A standards-based general permit category for agricultural irrigation ponds has been created. To date, the program has issued no permits to animal operations.
Maine’s Unorganized Territories Land Use Regulatory Commission (LURC) Department of Conservation (207) 287-2161
This agency is responsible for carrying out the equivalent of land use regulatory functions in the state’s unorganized territories. They have little dealings with agriculture, and those instances are almost always plant rather than animal operations. However, this Commission hopes to play a role under new legislation addressing large feeding operations.
Complaints Office of Agricultural, Natural and Rural Resources Department of Agriculture
Bureau of Land and Water Quality Department of Environmental Quality (207) 287-7848
The Agricultural, Natural, and Rural Resources office handles nuisance complaints such as manure, flies, or odor from agricultural operations. They receive at least 100 complaints a year, but cannot say how many related to animal operations. Their information is in paper form. The Bureau of Land and Water Quality occasionally receives and investigates water-related complaints, but not in significant numbers. Information is maintained in paper format, sorted by town and then by type of facility. The type of information collected varies depending on the case. It is likely to include name, address, and type of animal, but not necessarily the number of animals or the type of manure handling/pollution control features.
Non-Pollution Programs of Interest
Milk Quality Laboratory Division of Animal Health Department of Agriculture (207) 287-7623
95 This office conducts quarterly regulatory testing and licensing of interstate milk shippers. Information collected includes name of farm, name of owner, address, GPS location, kind of animal (cow or goat), type and quantity of milking equipment, size of bulk tanks, and type of manure disposal (i.e. spread daily, pile, cement pad). Note: manure disposal information is only about 75% complete. The information is on computer.
Maine Milk Control Law of 1935 Maine Milk Commission (207) 287-7521
The Commission sets minimum milk prices. The office maintains and updates information on all dairy farms. Dairies are inspected every four months. The office obtains information from the Bureau of Animal Health and also audits and collects its own data. The database includes both cow and goat dairies. Information includes name, address, type of animal, type of milking equipment, barns, bulk tank capacity, and type of manure storage facility. It is in the process of adding GPS location information and information on the number of animals. The information is computerized.
National Poultry Improvement Program Division of Animal Health Department of Agriculture (207) 287-7531
This national program for certification of poultry breeding stock involves blood testing for disease. Participation is voluntary for most; in Maine participation is mandatory for one large farm because of past problems there. In total in Maine, two large commercial operations and about 50%60 backyard flocks participate. Blood testing is carried out by a state veterinarian for one of the large operations, an in-house company veterinarian for the other large breeder, and independent blood testers for the backyard flocks. Testing is done quarterly for the large operations and annually for the backyard operations. Information collected includes name, address, and dates and results of laboratory tests. Information on number of birds, facility, or waste management is not collected. Information is in paper form.
Poultry Disease Surveillance Division of Animal Health Department of Agriculture (207) 287-7531
The state conducts disease surveillance of poultry operations. Participation is voluntary unless there have been problems. Information maintained is limited to blood test results. Information is in paper form. The Division does not attempt to keep a comprehensive listing of poultry operations; however, the state veterinarian works extensively with poultry and dairy operations throughout the state.
Shell Egg Grading Division of Quality Assurance and Regulations Department of Agriculture (207) 287-2161
The state inspects shell eggs under a federal/state grading program. This is a voluntary service, in which the state goes to the farm when requested, however grading is necessary for certain commercial sales. They do not have a complete list of farms.
Import Permits Division of Animal Health Department of Agriculture (207) 287-7531
96 Maine has an interstate import permit requirement; individuals are required to get a permit when they bring animals into the state, but the permit can be obtained either by phone or in writing without an inspection. Information recorded includes farm of destination and number of animals being brought in.
Animal Disease Testing Division of Animal Health Department of Agriculture (207) 287-7531
State and federal (USDA) employees carry out disease testing jointly, using the standard federal forms to collect information. Information is maintained in paper form.
Swine Garbage Feeding Operations Division of Animal Health Department of Agriculture (207) 287-3701
The state carries out licensing under this federal program. There are about 5%10 swine feeding operations, comprising about 5% of the hogs in the state. Information collected includes name, address, location, type, and number of animals. Information is in paper form.
Livestock And Poultry Sales Through Dealers Division of Animal Health Department of Agriculture (207) 287-3701
The state maintains information on animal transactions so that an animal could be traced back to its seller in case disease is detected. Information collected includes name, address, and the number and type of animal purchased. Information is in paper form.
Deer Farms Division of Quality Assurance and Regulations Department of Agriculture (207) 287-3841
The Agriculture Department regulates the propagation, slaughter, and sale of deer. All deer farms are licensed; there are between 30 and 50. Information collected includes name, address, phone, and date of last inspection. Dairy Division staff conduct inspections, and provide information for the Regulatory Division’s files. Information is maintained in both paper and computer form.
Weights And Measures Division of Quality Assurance and Regulations Department of Agriculture (207) 287-2161
For dairies, this office calibrates milk tanks at only about 40 out of about 600 farms a year. Factors that would trigger their involvement include (a) the federal milk market administrator finds a tank out of calibration, (b) the farmer buys a new tank or moves an existing tank, or (c) the farmer switches to a new purchaser who requests a recalibration. Information collected does not include information on kind or number of animals. This office is rarely involved with non-dairies.
Harness Racing Licenses State Harness Racing Commission (207) 287-3221
97 The Commission licenses the state’s 13 horse racing tracks. Only two of these tracks house animals, one for several weeks a year and the other year-round. The Commission maintains no information on the number of horses or the facilities where they are kept. Most race horses are kept on small farms; the Commission makes no attempt to keep track of them.
Maryland
NPDES Program Wastewater Permits Program Water Management Administration Maryland Department of the Environment (MDE) (410) 631-3753
The Water Management Administration of MDE has authority to issue NPDES permits. The state uses the federal definition for CAFOs. For the past two years, new facilities have been permitted under a general permit for CAFOs, while facilities identified over two years ago each have individual permits. At present there are approximately four or five CAFOs under the general permit and another four or five under individual permits.
Other Pollution Programs of Interest
Problem Activity Forms Enforcement Division Compliance Program Water Management Administration Maryland Department of the Environment (410) 631-3626
Whenever the Enforcement Division receives complaints about water quality violations, the program secretary fills out a problem activity form and passes it along to the appropriate regional inspection chief for investigation (there are four regions). When inspectors visit facilities of concern, they fill out inspection reports that also become part of the complaint record. At present, there are different inspection forms for different facility types (e.g., animal facilities), but the Division is moving toward one common form.
All records of complaints and investigations are in paper files in the appropriate regional inspection office. Regional offices also enter limited information into an electronic database shared by all four offices. The database is searchable by facility type using media codes&there is one code for agricultural pollution, which generally covers all manure and feedlot issues, as well as a code for agricultural sediment. By querying for animal pollution complaints, one could generate a list of facilities of concern. One could then use the record numbers to consult paper files for more detailed information (e.g., whether it is a feedlot or a non-animal agriculture facility with manure on the premises for fertilization).
In addition to the record number and media code, database records contain information such a description of the problem, the specific problem location, and a synopsis of the investigation history. Database records may contain data on the number of AUs, but only as relevant to the problem statement. Information on facility design is not included in the database but is generally available in inspection files.
On average, there are about 50 agriculture waste complaints filed per year, about half of which concern feedlots. The number was higher in FY 98 due to concern about manure management in light of Pfiesteria outbreaks.
Nutrient Management Plans Office of Resource Conservation Maryland Department of Agriculture (MDA) (410) 841-5863
98 Agricultural Chesapeake Bay Program Maryland Department of Agriculture & the University of Maryland (410) 841-5685
Under the Water Quality Improvement Act of 1998, all farms that gross over $2,500/year or have more than eight AUs must submit a nutrient management plan to MDA by December 31, 2001. Farms will then have 12 months to implement their plans. Approximately 5%10% of farms will be inspected annually to verify compliance with their plans. Drafting of regulations pursuant to this Act is underway, and some farms are beginning to develop their plans early.
MDA plans to use two principal mechanisms to identify farms subject to this requirement. The first is a series of facility lists already generated by MDA and other state agencies that have worked with farmers in the past on voluntary or regulatory programs. A secondary mechanism will be GIS county maps generated by satellite by the Maryland Office of Planning for tax purposes. These maps show individual properties and indicate whether they are zoned for agricultural use. A few farms may lie outside agricultural use zones, but certainly not large facilities. Similarly, some large properties zoned for agricultural use are not farms; however, the GIS has additional codings that can help identify active farms.
The program will establish two databases: one to store information on nutrient management plans and another to store inspection records. MDA will probably also keep paper records. According to the Act, all information collected under this program that might compromise the identity of the person submitting a plan must be kept confidential. MDA and MDE have various MOUs that facilitate information sharing between the agencies for regulatory purposes, but MDA will probably withhold from MDE most information on individual farms. Individual database records will contain data such as facility location, name of the owner or operator, facility type, maps or aerial photographs of the property, and nutrient management information including numbers of animals and relevant facility design specifications.
Shellfish Certification Program Field Operations Technical & Regulatory Services Administration (TRSA) Maryland Department of the Environment (410) 631-3608
Under Maryland’s Natural Resources Article 4-742, MDE monitors the quality of all water bodies where oysters and clams may be harvested. As part of this process, field staff survey shorelines to identify potential sources of pollution. There are approximately 400 survey areas, each of which is surveyed every five to seven years.
Maryland’s participation is part of a state-federal partnership with FDA. All states with coastal waters and some inland states are required to participate because of the human health risks associated with consuming filter feeders raised in polluted waters. TRSA gives information on all problem sources it finds to MDE’s Compliance & Enforcement Section, which generally refers cases to individual Soil Conservation Districts.
TRSA field staff keep paper files on all potential pollution sources (e.g., animal facilities, septic tanks, etc.). Staff fill out special forms for animal facilities&facilities ranging from commercial feedlots to family plots with one or two head qualify. Assessment forms contain information such as number of animals per acre, features of the animal holding areas, and manure management methods, all as they relate to water quality concerns. Staff keep each watershed’s set of files until it is replaced with files from a subsequent survey.
Paper files are generally not conducive to searching for individual animal facilities, because there are over 400 surveys on file at any given time and each survey covers an entire portion of a watershed. However, each survey file has a summary sheet at the beginning that includes information on how many animal operations were identified; an ambitious person could search the files by consulting these sheets and then looking for individual reports to learn more about the facilities’ sizes and classes.
99 While less complete in scope, searching the survey’s database of problem facilities would be more efficient. The database includes only facilities suspected to pose real pollution problems; thus, the sample size is fairly limited compared to the paper files. However, the database can easily generate a list of animal-related sources (currently there are 19 listed). The database contains the facility name (where available), approximate location, and a one-line description of the perceived water quality problem (e.g., manure pile near a drainage ditch). There is not usually information on the class or size of the facility. However, one could consult the paper files for more detailed information. Like paper files, database records are updated every five to seven years when surveys are conducted; thus, a facility that was a suspected culprit 10 years ago might not appear in the database now.
Nuisance & Odor Regulation Air & Radiation Management Maryland Department of the Environment (301) 689-5756
Air Quality Compliance Program Maryland Department of the Environment (410) 631-4835
MDE investigates any nuisance or odor that crosses property boundaries and interferes with rightful enjoyment of property. When a complaint is filed, staff record relevant information in a log book with details such as the type of complaint and who it is filed against. The regional office taking the call files a copy of the compliant and forwards a copy to the MDE central office.
Next MDE field staff investigate the complaint. Field staff tour the operation to learn how it works and what odors might result from standard operations. In the case of livestock operations, they note such features as the name and address of the facility and its owners, how many animals are present on site, how large the animals are and how much manure they produce, what manure spreading protocols are in place, and how the facility is designed to accommodate manure. Inspectors also draw a map showing the locations of the facility and the complainant.
The regional offices photocopy all inspection reports and send one copy to the central office for filing and entry into a database. Regional offices also retain a copy and maintain their own filing or data entry systems. At the central office, database records are not searchable by facility type. The office sorts paper files by facility if the facility is permitted for air; however, agricultural operations are not permitted for air in Maryland, so inspection files for those facilities are grouped into a miscellaneous county file. Each county has a miscellaneous file for every year. One could scan all the miscellaneous county files or read through the complaint log book to try and identify the livestock operations. However, this would be a time consuming and tedious task, as there are about 800%1,500 complaints every year, of which 60%70% are about odors.
Animal Waste Storage Structure Construction Notification Waste Water Permits Program Water Management Administration Maryland Department of the Environment (410) 631-3323
Technical & Regulatory Services Administration (TRSA) Maryland Department of the Environment (410) 631-3580
Resulting from a 1993 cooperative effort between MDE and the MDA, anyone wishing to construct an animal waste storage structure must first notify MDE using a standard form provided by the Soil Conservation Districts. The form contains information including facility name, name and address of the landowner, facility size, size and design specifications of the waste system, total design storage capacity (which suggests number of AUs served), dates of construction, zoning and surrounding land use, and a property sketch. MDE receives approximately three or four notification forms per month.
100 After reviewing notification forms, the Waste Water Permits Program sends them to TRSA for record keeping. Currently, the forms are in paper files sorted by county. However, TRSA plans to enter the forms into a database that will indicate facility subclass and, where applicable, the number of AUs. Records are considered confidential due to a cost-share provision of the program.
Fish Kill Investigation Fish Kill & Ecological Assessment Section Emergency Response Program Maryland Department of the Environment (410) 974-3238
When a fish kill is reported, the Fish Kill & Ecological Assessment Section investigates the problem and tries to identify the source. Staff can usually tell if the source is a feedlot by observing the color and odor of the water and conducting fecal coliform bacteria tests. When a problem appears to be manure-related, staff trace the pollution upstream until they identify a discharge point. They then contact the appropriate Soil Conservation District to facilitate mitigation and MDE’s Inspection & Compliance Program for enforcement activity when necessary. While the Fish Kill & Ecological Assessment Section maintains records on fish kills, there is no mechanism in place for keeping track of individual pollution sources. (Note: MDE follows similar protocols for crab kills.)
Enhanced §6217 Tracking Program (in development) Non-Point Source Coordinator Maryland Department of Natural Resources (DNR) (410) 260-8730
Maryland’s Coastal Management Act §6217 program is close to being approved, and there are plans to develop an enhanced tracking program to track BMPs for the state’s Tributary Strategies program. DNR plans to coordinate with local governments under the auspices of this program. It is unclear whether the program will track individual non-point source polluters or whether information will be collected on an aggregate scale.
Non-Pollution Programs of Interest
Milk Certification Milk Control Division Maryland Department of Health & Mental Hygiene (301) 791-4779
Anyone who wants to sell milk in Maryland must obtain a permit and undergo semi-annual inspections (beginning with an initial inspection at the time of application). This includes all milk producers (i.e., farms), transport tankers, processing plants, and retail delivery trucks in the state. The requirement even applies to individuals who wish to sell small quantities of milk to their neighbors. While the Department of Health administers the program, it contracts out responsibility for routine inspection to certified industry field representatives.
At each inspection, the inspector fills out a farm-specific form that becomes part of the facility’s permanent record. In addition to paper files, the Department maintains a computer database of facility records with information from inspection reports and the initial permit application. Information in the database is not as complete as the paper files, but the database can identify facilities of interest and then the paper files can give more detailed information.
The database is searchable by facility type, so it would be possible to generate a list of all permitted milk-producing farms. This list would contain approximately 830 facilities. Within the list of 830 facilities, one could also sort farms by county, zip code, etc.
Database records include information such as facility name & address, the name of the owner or operator, and whether the milk is Grade A or manufacturing grade. There is no facility design information in the database. Paper files contain design information related to sanitation but not
101 necessarily pollution control. Between 30% and 40% of the records include the number of AUs present, but the Division is working to expand coverage in this area.
Water Appropriation & Use Permit Water Rights Division Maryland Department of the Environment (410) 631-3584
In Maryland, certain permitting requirements apply to large withdrawals of groundwater or surface water. Any agricultural operation that wants to withdraw over 10,000 gallons per day must obtain a permit from MDE. Agricultural facilities that withdraw less than 10,000 gallons per day may obtain permits voluntarily.
MDE keeps paper files on all permitting records, including initial applications and follow-up information on application status and water usage levels. Select information is on a computer database, including the applicant’s name, facility location, amount of water used, and a code that indicates what the water is being used for. There is a specific code for livestock, so one could query the database to generate a list of all the permitted livestock operations. Information on number of animals present, types of animals, and facility design would probably not appear in database records (except possibly in a remarks column), but all this information may be available in paper files.
Egg Registration & Inspection Grading Services Maryland Department of Agriculture (410) 841-5769
Division of Animal Health Maryland Department of Agriculture (410) 841-5810
Under Maryland’s Egg Law, all egg producers, packers, and wholesalers in the state must obtain a Certificate of Registration. At present, there are approximately 180 producer/packers registered. Part I of the application for the producer/packer certificate solicits data including the facility location, whether the facility packs and sells eggs from the applicant’s own facility or another facility, and whether the facility has more or less than 3,000 chickens. Information on the nature of the facility and its equipment is recorded in Part II of the application (Flock Registration), which is handled by the Animal Health Division; this part asks for information on the housing system in place for flocks (e.g., caged, open, or other) as well as the number of layers housed.
Part I of all applications is entered into a database and stored in paper files. Part II is sent along to Animal Health for evaluation and filing after Grading Services verifies that is has been completed. The Part I database is searchable by owner and can be queried for a list of all producer/packers in the state. This list would not indicate whether the producer has more or less than 3,000 chickens, but that information could be determined by consulting the paper files or other database records. It should also be possible to discern the size of the facility by checking its facility code, as certain codes are assigned to facilities with over 3,000 chickens. Part II of the application is kept in paper files, and limited information is entered into a computer database. The database is searchable by facility or owner name, and contains information on how many layers are present at a facility (that number fluctuates during the calendar year).
In addition, on-farm egg quality inspections are conducted approximately once every two years (more frequently for facilities with a high violation rate). During these visits, inspectors check for quality, size, markings, invoice requirements, etc. Inspection records are stored both in a database and paper files. Inspection schedules are determined by monitoring need through registration files and by field inspectors who visit every county to ensure that all facilities in the area are in compliance.
102 Organic Certification Program Maryland Organic Certification Program Maryland Department of Agriculture (410) 841-5770
Maryland is developing organic livestock certification regulations. Currently, livestock producers who wish to market themselves as organic can have their farms certified organic, but not the livestock. The new program, which will actually certify the livestock, is expected to be underway by July 1999.
The livestock program will most likely be an extension of the existing organic certification program, so the application procedure and record keeping will probably operate the same way. Facilities wishing to certify their livestock as organic will have to apply to MDA for certification. Information contained in the application will likely include name and address of the facility and owner/operator, facility subclass, the number of animals present and their stage in production, where the animals originated and where they will be marketed, nutrient management plans (including details on the animal waste management system), and a map of the facility drawn to scale. Certified facilities will have to renew their certification annually and undergo annual inspections.
All applications and inspection reports will likely be retained in paper files for a minimum of 10 years (pursuant to the USDA organic certification standards in development). Currently, organic certification files are kept in the MDA office for three years and then moved to storage. The filing system is organized by facility name, although new files are stored separately until they are one year old. MDA also maintains a list of certified facilities. The list includes the name and address of the facility and owner/operator, their status in the certification process, and what type of commodities they produce. Currently there are 57 farms on the list, and about 10 are listed as producing some form of livestock. MDA expects more livestock producers to seek certification in the coming years.
Livestock Scale Registration & Inspection Weights & Measures Division Maryland Department of Agriculture (410) 841-5810
The state requires all livestock scales to be registered annually and inspected twice a year. Of the scales registered, most are located at livestock markets, at private businesses, or on farms.
The database of registered scales includes only the business name, address, and account number. More complete information is stored in paper files. Of particular interest is information on where the scale is located, which can be different from the business address.
Importing Animals State Veterinarian’s Office Division of Animal Health Maryland Department of Agriculture (410) 841-5810
All animals coming into Maryland for any purpose other than immediate slaughter must be accompanied by an approved certificate of veterinary inspection and, in some cases, a permit. A certified and accredited veterinarian in the state of origin issues the health certificates. Technically, the issuing veterinarian should send a copy of the certificate to the state of origin, which should forward a copy to the Maryland Division of Animal Industries.
When copies of health certificates are, in fact, sent to the Division offices, the Division files them in paper files organized by state of origin and species of animal. Certificates generally include the name and address of the consignee and/or the facility of destination, the number of animals in the shipment, and the breed of animal (which helps identify the recipient facility type). Sorting through the files to identify feedlot owners would be difficult because there are several thousand new certificates every year.
103 Identifying swine operations would be slightly easier, though, since swine must have a permit prior to entering the state. Animals beside swine also must have a prior permit if they are coming from an area under quarantine for disease. Like health certificates, prior permits include the name and address of the consignee, the number of animals entering the state, and the breed(s) of the animals. All prior permits are entered into a log book, with entries sorted chronologically and slightly easier to browse than the health certificate files.
Health Requirements Governing Exhibition at Shows & Fairs State Veterinarian’s Office Division of Animal Health Maryland Department of Agriculture (410) 841-5810
All animals exhibited at shows and fairs must have a health certificate issued by a certified and accredited veterinarian. Prior to the exhibition, the health certificate must go through the Division of Animal Industries for endorsement. The Division then returns the certificate to the animal owner, keeping a copy in paper files sorted alphabetically by owner. Most animals exhibited at shows and fairs are not from commercial feedlots. Instead, they tend to belong to young participants in 4H programs who only have a few animals.
Garbage Feeding License Division of Animal Health Maryland Department of Agriculture (410) 841-5782
Anyone who wants to feed cooked garbage to swine must obtain an annual license. Only one person has an active license at this time. The Division of Animal Health maintains a paper file on this facility’s license. Information in the facility’s application for a license includes the name and address of the applicant and the location where swine are fed.
Equine Infectious Anemia Testing Division of Animal Health Maryland Department of Agriculture (410) 841-5782
All horses must be tested for equine infectious anemia within one year of transfer of ownership. Accredited state or private veterinarians draw blood samples and then forward the blood to the Division of Animal Health for laboratory analysis. A standard form comes along with the blood samples and includes information such as facility location and owners name. Approximately 25,000 horses are tested per year.
The Division keeps test records on file for one year, then discards them. Records are in both paper files and a database. In both systems, records are sorted by date and a test number for that date. The database is searchable by owner/facility name or horse name, although records do not always have the owner/facility name. The Division can generate a list of all owner/facility names present in the database.
Horse Stable Licensing Horse Industries Board (410) 841-5822
Any public or commercial facility that houses five or more horses during a given year for the purpose of boarding, sale, rental by the hour, or riding lessons must be licensed annually and inspected by the Maryland Horse Industries Board. Facilities where more than five horses are kept for purposes other than those enumerated are exempt from this requirement.
104 While the number of licensed facilities varies from year to year, the average is typically around 350%400. The average number of horses present at licensed facilities statewide is around 20 to 30, while facilities in Montgomery County average between 40 and 60 horses.
Both inspection records and license applications are stored in the MDA offices in paper files, which by law are kept for a minimum of three years. Files are sorted by facility name, and include information such as facility name and address, name of the owner or operator, and facility type. There is no record of number of horses present or facility design specifications.
Livestock Dealer Licensing Division of Animal Health Maryland Department of Agriculture (410) 841-5782
All Maryland livestock dealers must be licensed if they sell more than four or five animals per year, except farmers do not need a license to sell their own animals. Through the licensing process, the Division has records on all dealers. Records include the dealer’s name and address and whether the dealer is an individual, agency, or market. All licensed dealers must also keep records on the animals they handle for disease control purposes, but these records are not furnished to the Division unless there is a specific health concern. The Division maintains paper files on licensing records as well as a database that contains the dealer’s name, address, and license number. Currently there are 72 licensed dealers. Most are individuals who operate out of their own homes. There are six to eight licensed markets.
Massachusetts
NPDES & State Surface Water Discharge Permits Division of Watershed Management Bureau of Resource Protection Department of Environmental Protection (508) 792-7470
Massachusetts does not have NPDES delegation. However, the state has a state surface water discharge permit program, and EPA and the state issue joint NPDES-state permits (the same permit, with cover signatures from two different offices). EPA and the state have determined, through the state Department of Food and Agriculture, that there is only one operation meeting the federal CAFO definition. EPA is taking the lead on developing a permit for this operation.
An ongoing state-federal working group has developed a list of "bad actor" animal operations. The state may decide to permit some of them.
Other Pollution Programs of Interest
Animal-Related Environmental Complaints Environmental Strike Force Department of Environmental Protection (617) 292-5959
Complaints may come through a variety of entry points, and may be handled in a variety of ways. Complaints may go to the DEP Environmental Strike Force (which has a toll-free number), one of four DEP regional offices, or to a local official (e.g., conservation commission, local board of health). Each level may investigate the case itself or pass it on to the next lower level. In the last one to two years the regional offices have been set up into basin teams, and records of current complaints go into the files of the appropriate basin team leader. Older complaints probably remain in the files of the water pollution investigators. The state Department of Food and Agriculture and the U.S. Natural Resources Conservation Service often become involved in providing technical and financial assistance.
105 Non-Pollution Programs of Interest
Dairy Inspections Division of Dairy Services (617) 727-3018
The Division inspects and takes samples from all dairy farms every four months. They list about 300 cow dairies. The Division also inspects about 20 goat farms. Information collected includes name, address, location, and type and number of animals. Their records are computerized.
Several months ago the Division began tracking information on pollution control facilities at the request of EPA Region I. Some of this information is being computerized.
Dairy Herd Tuberculosis Testing Bureau of Animal Health (617) 727-3018
The Bureau requires tuberculosis testing every three years of all dairy herds (cows and goats) producing milk sold commercially. Testing is conducted either by state veterinarians or by private veterinarians at state expense. They also do tuberculosis testing of some herds producing milk for own- use-only, if it is requested or the Bureau knows about the herd. Information maintained includes name and address of the farm, but not the number of animals. Information is kept on paper in files by farm.
Annual Barn Inspections ("Barn Books") Bureau of Animal Health (617) 727-3018 x158
Each city and town is supposed to have an Animal Inspector who is supposed to conduct an annual census of all livestock and submit the information to the Bureau. The information they record includes name, location, and type and number of animals. Not all inspectors fulfill this requirement; information is submitted from approximately 2/3 of the state’s municipalities. (Note: Horses are subject to personal property tax in Massachusetts. Consequently, individuals have a financial incentive to underreport.) This information in on paper, submitted in the form of a book called the "barn books."
Cattle, Swine, & Lamb Permits Bureau of Animal Health (617) 727-3018 x158
A permit is required whenever someone brings one of these animals into the state. Information collected is limited to name, farm address, and type and number of animals imported.
Cattle & Swine Dealer Licensing Bureau of Animal Health (617) 727-3018 x158
State law requires a license "to engage in the business of dealing in porcine" and "bovine" animals. There are 38 cattle dealers and 18 swine dealers licensed in the state; typically these dealers are producers, also. Information collected includes names, location, and mailing address. Information is maintained on paper.
Garbage Feeder Permits Bureau of Animal Health (617) 727-3018 x158
Swine farms that feed garbage must have a permit. Massachusetts has issued permits to 37 farms. Information available in paper format includes name, address, and number of animals.
106 Swine Testing Bureau of Animal Health (617) 727-3018 x158
The state tests swine for brucellosis and pseudorabies according to federal rules and formulas. Information is in paper form, and filed in folders by farm. Name and address information is available, but not on a list.
Poultry Testing Bureau of Animal Health (617) 727-3018 x163
Birds imported into the state, sold, transferred, or exhibited for show must be free of certain diseases. The Bureau provides testing and certification. Bird owners call and request the testing. Bureau staff consider this a voluntary program (the bird owner could choose to slaughter or bury the birds rather than transferring them.)
The Bureau tests approximately 2,700%3,000 birds a year. Information maintained includes name, address, type of birds, and total number of birds on the farm on that day. Information is on paper and computerized.
Complaints About Farm Operations Bureau of Animal Health (617) 727-3018 x158 & x163
Complaints about agricultural operations may be forwarded to local officials or investigated by the Bureau of Animal Health. The Bureau works in a manner similar to the Extension Service in trying to resolve the problem. The information collected varies from case to case. Investigation records are in paper format and kept for only two years.
Equine Program Bureau of Fairs & Equine Activities (617) 727-3018 x161
The state licenses stables that use horses for hire (e.g., pony rides, carriage rides, horses for training). There are about 400 stables licensed. Program staff estimate that less than a quarter of the state’s stables fall under this requirement.
Information collected includes name of owner, address, physical location, and number of stalls. The state inspects facilities upon initial application and when there are complaints. Manure disposal is one item they check in their inspections. Information is maintained in paper form.
Wetlands Protection Act, as amended by the Rivers Protection Act Local conservation commissions, in cooperation with: Watershed Management Division Bureau of Resource Protection Department of Environmental Protection (617) 292-5695
Authority: MGL ch. 131 §40
This statute regulates specified activities within specified distances from a wetland or waterway. The program is administered primarily by municipal conservation commissions, with state agency involvement in cases of appeals and activities over certain thresholds. State involvement in cases involving agriculture activities is likely to be very limited, because the number of farms is small and their scale and impact is usually local.
107 Agricultural Composting Registration Program Department of Food and Agriculture (413) 545-5731
Authority: 330 CMR 25, 310 CMR 16 §1605
This program is semi-regulatory and semi-voluntary. The state solid waste regulations exempt from solid waste permitting those agricultural composting operations that are registered with the Department of Food and Agriculture. In other words, registration in this program identifies a composting operation as "agricultural" rather than "solid waste." Operators choose to register; nobody seeks them out. Over 100 operations are registered. Livestock operations composting only materials generated within the farm are unlikely to register, since the solid waste permitting regulations focus only on operations bringing in material from the outside. Many of the registered operations are nurseries disposing of leaves from municipalities.
Massachusetts Watershed Initiative Executive Office of Environmental Affairs (617) 727-9800 x258
Massachusetts has adopted a new watershed approach, carrying out pollution control efforts on a watershed basis through state-federal-non-profit Watershed Teams, coordinated by Watershed Team Leaders hired out of the Executive Office of Environmental Affairs. The leader’s role is to coordinate efforts carried out by others. Information available varies greatly from watershed to watershed. The "Watershed Initiative" is not generating new information, but merely coordinating information from other sources, including NRCS. Some individuals involved, however, have good on-the-ground information on where farms are located.
Michigan
NPDES Program Surface Water Quality Division Michigan Department of Environmental Quality (DEQ) (517) 335-4114
Michigan has a delegated NPDES permit program. They use the same definition of CAFO as EPA, but have not permitted any CAFOs. No facilities have applied for a permit.
Other Pollution Programs of Interest
Odor, Dust, Noise, Water Pollution Complaints Division of Surface Water Michigan Department of Environmental Quality (517) 373-1982
Division of Environmental Stewardship Michigan Department of Agriculture (DOA) (517) 335-1436
Michigan has a zero discharge policy for discharge of pollution into surface waters, and that policy has been extended to other pollutants, such as noise and odor. The Department of Agriculture has a complaint response program. Complaints about noise, dust, odor, or nonpoint source pollution, go first to the Division of Environmental Stewardship’s complaint response program. The Division inspects the facility and offers suggestions for remedying the problem. Landowners are required to adopt "generally accepted agricultural management practices." If the problem is remedied, the case is closed. If the management practices are not adopted, the case is referred to the Department of Environmental Quality for enforcement action.
108 DEQ and DOA have a Memorandum of Understanding to share information under the program. The Division of Environmental Stewardship maintains inspection reports for all complaints in both an electronic database and as hard copy files. The electronic database includes information on inspections conducted following the filing of a complaint. The inspection reports include information on the name of the owner/operator, address, location, nature of the problem, recommended action, and information on whether or not the farm followed the recommended action. The hard copy files include information on the number of animals at the facility inspected.
Nonpoint Source Program Nonpoint Source Unit Surface Water Quality Division Department of Environmental Quality (517) 335-4172
The Surface Water Quality Division’s Compliance & Enforcement Section maintains a list of livestock operations that have been subject to enforcement action. The computer database includes information on the name of the owner/operator, type of discharge, and the status of the enforcement action. There are paper files that include more detailed information, including address, and, most likely, the number of animals.
The most common enforcement action is to require a facility to complete a manure nutrient management plan. In the last five years, there have been approximately 20 enforcement actions taken against livestock operations.
Non-Pollution Programs of Interest
Dairy Inspection Program Dairy Section Food and Dairy Division Michigan Department of Agriculture (517) 373-1060
This program inspects Michigan’s Grade A and manufacturing grade milk producing farms on a regular basis to insure that all fluid milk for bottling in the state meets stringent standards. The Dairy Section maintains a computer database with records of all the dairies in the state, approximately 3,500. The database includes information on the name of the owner/operator, address, and location. The records should also include the number of animals at each facility and the number of pounds of milk produced. The Dairy Section has used their list to generate a series of maps of where the dairies are in the state.
Herd Registration Program Animal Industry Division Michigan Department of Agriculture (517) 373-1077, 373-1078
All owners of herds of swine, bison & cattle, and cervidae (deer, elk, etc.) must register the herd with the state. Each herd owner must submit a herd plan. The state then issues a herd number, which is used to track data on import/export and health testing.
The state maintains a computer database with all herd data plus separate computer databases for swine and cervidae. Each herd entry includes the name of the owner/operator, farm name, address, location, county, herd number, and number and type of animals. Michigan has approximately 350 monitored herds of cervidae and 3,000 herds of swine.
Animal Health Programs Animal Industry Division Michigan Department of Agriculture (517) 373-8118
109 The Division is responsible for several animal health programs. It monitors livestock in areas where tuberculosis has been found in the deer population. (See discussion below.) This ongoing effort is coordinated with the Michigan Department of Natural Resources and the Department of Community Health. It participates in an industry/state/federal Pseudorabies eradication program for swine. (It did monitor swine herds for pseudorabies, but there have not been any recent outbreaks, so the swine list is outdated.) It does not maintain any records on poultry.
Northeast Michigan Tuberculosis Surveillance Program Animal Industry Division Michigan Department of Agriculture (517) 373-1077
Michigan has a special program to monitor tuberculosis in ruminants in northeast Michigan. They have tested approximately 25,000 head of cattle on about 600 farms out of approximately 29,000 cattle at 600%1,000 farms in the region. To date, they estimate that they have monitored approximately 80% of the herds in the region and once the surveying is complete, they anticipate that 100% of the herds will have been monitored. The surveillance data is maintained on a computer database. The database includes information on the name of the owner/operator, address, and location of the facility.
Companion Animal Program Animal Industry Division Michigan Department of Agriculture
The Animal Industry Division issues licenses and registers animal shelters, dog pounds, pet shops, riding stables, and research facilities.
Garbage Feeding Program Animal Industry Division Michigan Department of Agriculture (517) 241-1583
Under state law, the Department of Agriculture is granted full access to any facility suspected of feeding garbage to swine. The regulations state that animals shall not be exposed to garbage. When a facility is inspected, an inspection record is filed with the Animal Industry Division. Inspection reports include information on the name of the owner/operator, address of the facility, location of the facility, and the number of animals at the facility.
Animal Importation Program Animal Industry Division Michigan Department of Agriculture (517) 373-1077
Authority: Public Act 466 of 1998, as amended, and Regulation 112 pursuant to Public Act 339 of 1919, as amended, Public Act 239 of 1992, Public Act 358 of 1994, and Public Act 200 of 1996.
All imported livestock (except those for immediate slaughter) must be accompanied by one copy of the official interstate health certificate, or official certificate of veterinary inspection. Livestock include cattle and bison for dairy and/or breeding, cervidae (deer), equines, ferrets, goats, sheep, swine, and new world camelids. Poultry (broadly defined) and hatching poultry eggs imported into the state must be accompanied by an official interstate health certificate, an official interstate certificate of veterinary inspection, or a report for participants in the NPIP.
The certificates include information on the animals by species, breed, sex, and age. The certificates also include the complete names and addresses of the consignor and consignee, the destination address, and the intended purpose for which the animals are to be used (e.g., diary or breeding, feeding or grazing).
110 An approved copy of the health certificate must be forwarded to the office of the Michigan State Veterinarian within 10 days after the date of issuance. Interstate health certificates are maintained in paper files by animal type. Each animal type is managed by a separate individual.
Minnesota
NPDES Program Community and Area-Wide Unit Minnesota Pollution Control Agency (MPCA) (651) 296-7570
Minnesota is a delegated NPDES state. It uses the same definition of CAFO as does EPA, although it expects to decrease the threshold in the next year. Minnesota currently does not have a general permit that covers CAFOs. It expects to develop one in 1999. It currently estimates that there are 700 facilities in the state that have over 1,000 AUs, 500 of which would qualify for the general permit. Facilities with over 2,000 AUs will still be required to get an individual permit. There are currently 25%30 facilities with NPDES permits in the state.
Other Pollution Programs of Interest
Feedlot Program Minnesota Pollution Control Agency (651) 296-8456, 296-9209
Authority: MN Rules ch. 7020
The state’s feedlot permitting program requires owners of more than 10 AUs to apply for a feedlot permit when a feedlot is proposed; a site abandoned for more than five years is restocked; an existing feedlot is expanded or modified; ownership of an existing feedlot changes; or an NPDES permit is required under state or federal rules and regulations. In addition, the program requires owners of any feedlot, no matter what size, to apply for a permit if they are a "potential pollution hazard." That includes feedlots located within shoreland (closer than 300 feet to a river or stream or 1,000 feet to a lake); within the 100-year floodplain; in an area draining to a sink hole or shallow soils over fractured rock; or within 100 feet of a well. It also includes feedlots discharging to surface or groundwater in violation of state standards. Approximately 15%20% of the state’s feedlots are located within shoreland.
The permit program was designed to bring feedlots under regulation if they pose a hazard or propose a change. Of an estimated 40,000 feedlots in Minnesota, the MPCA has permitted 20,000 over the past 20 years.
The Agency first issues a 10-month interim permit to allow facilities to come into compliance. The interim permit approves construction of the waste controls. It includes requirements for carrying out post-construction inspections of the controls. If the standards are met and there will be no discharge, the state issues a certificate of compliance to the operation and does not require the operation to get a subsequent permit when the interim permit expires. In unusual cases, where the 10-month period is unworkable or where the feedlot is using its manure for some purpose other than domestic fertilizer, the Agency may issue a permit with appropriate conditions valid for five years.
Applicants must submit the following for review:
A completed feedlot permit application form; a map or aerial photograph showing wells, surface waters, sink holes, etc., within a 1,000-foot radius; soil boring records at underground earthen manure storage sites; and plans prepared by NRCS, including a manure management plan.
111 The database is maintained on a computer as well as paper files, although only approximately 10,000 of the most recent permits are stored on the computer. The database includes information on the name and address of the operator, survey description, information about the subclass of the facility and the number of AUs, and aerial photograph.
County Feedlot Program. Minnesota Rules pt. 7020.1600 provides for the delegation of the administration of the feedlot program by the MPCA to counties requesting this authority. Under the program, counties may regulate feedlots with 1,000 AUs or less if no pollution hazard exists. Counties are permitted to develop feedlot permitting programs that are more stringent than the state program. Information on facilities permitted through this program is maintained at both the county level and at the MPCA. As of January 1998, 48 counties had been delegated the authority to administer the program. About 15 out of 87 counties have conducted in-depth inventories and therefore have the best data.
Hydrogen Sulfide Initiative Minnesota Pollution Control Agency (651) 292-9880
Animal feedlot legislation passed in 1998 established the Hydrogen Sulfide (H2S) Initiative. The law directs the Department of Labor and Industry to work with the Department of Health and the MPCA to report to the Legislature by January 1999 on the need for revised worker health standards for H2S in confined feedlot facilities.
The program is primarily complaint-driven, but the state’s current ambient standards for H2S are enforceable. If a facility is found to be above ambient air quality standards for H2S, MPCA enters into an Memorandum of Agreement with the facility to come into compliance. If the facility fails to come into compliance, MPCA takes further enforcement action.
MPCA maintains information on facilities that have received odor complaints and are being monitored. The information in the system is not detailed, but does include the name of the owner and the address. Field data on the approximately 90 facilities is in a digital database. MPCA also maintains paper copies of data from four sites where it conducts continuous monitoring.
Environmental Assessment Worksheet (EAW) Environmental Review Staff Environmental Quality Board (EQB) (651) 296-8253
An Environmental Assessment Worksheet (EAW) is required (1) for construction of a new confined (with a roof) livestock facility with 2,000 or more AUs, (2) for expansion by 2,000 or more AUs of an existing confined facility, (3) for construction of a new unconfined (without a roof) livestock facility with 1,000 or more AUs, or (4) for expansion by 1,000 or more AUs of an existing unconfined facility. Interested parties can submit a request to the EQB for a discretionary EAW to be prepared for any feedlot if 25 signatures are collected.
The EAW is used to determine whether an environmental impact statement is required under the state’s "little NEPA." It is a diagnostic tool, or brief disclosure document, not an analysis of mitigation or alternatives.
EAWs are submitted and maintained by the responsible government unit&that agency or division responsible for administering environmental programs in the area that the EAW addresses. The Environmental Quality Board also keeps one copy of every EAW that has been put out for public review. The legislative research library and the state conservation library (which is housed within the Minneapolis Public Library) also keep copies.
EAWs are maintained in paper files. They include name, address, and location (county- township-section) of the project. There is a description category on the form, but the reports are not organized by descriptive category. Once a year the EQB summaries the EAWs submitted over the course of the year and does analyze the number of reports submitted for each category. AFOs are generally one
112 of the larger categories. In an average year, 120 reports will be submitted, 20%35 of which are for feedlot operations.
The EQB publishes the "EQB Monitor" every two weeks. This is the official notification of availability of EAWs for public comment.
Generic Environmental Impact Statement Environmental Quality Board (651) 296-2888
In 1998, the state legislature passed SF 3354 directing the EQB to conduct a statewide study, or generic environmental impact statement (GEIS) on feedlots. The GEIS will include a review of the environmental issues related to feedlots as well as the broader social and economic issues associated with trends in animal agriculture. The study is meant to help state and local policy-makers as they establish goals and make decisions affecting the state’s rural communities and natural resources. The GEIS is expected to take approximately three years to complete. There is a high likelihood that the state will conduct an inventory of all animal feeding operations in the state.
Basin Planning Program Outcomes Division Minnesota Pollution Control Agency (651) 296-7249
The MPCA has a watershed management program. The "basin planning" program attempts to assess the water quality issues in each of the state’s 10 basins, which include 84 smaller watersheds. MPCA has produced "Basin Information Documents" for 6 of the state’s 10 basins. The documents include an assessment of the water bodies in that basin and also includes a map of where the permitted feeding operations exist. The information contained in the reports is provided by the feedlot permitting program.
In 1991 MPCA surveyed local resource managers about which water bodies they felt were threatened or impaired by nonpoint source pollution. They were asked to identify the source of impairment. Agriculture was one of the possible sources they could identify. Resource managers could also specify more specifically the suspected sources of agricultural impairment, including animal feeding operations. The basin information documents list the first level of suspected sources (e.g., agriculture). The Outcomes Division maintains the information gathered in the surveys, therefore, they have the more detailed suspected sources of agricultural impairment. The surveys do not include information on specific facilities or their locations.
Fish Kill Investigations Program Ecological Service Department of Natural Resources (DNR) (651) 296%0777
DNR investigates complaints of fish kills. Investigators file reports on approximately 450 fish kills each year. Of those, approximately three fish kills each year are caused by animal feeding operations.
The Fish Kill Investigations Program keeps fish kill reports as paper files and on a computer database. The computer database includes information on the extent of the kill, number of fish killed, and the source or cause of the fish kill. If the fish kill was caused by a feedlot pollution problem, the paper files would most likely indicate the name of the owner/operator and the address of the facility.
Non-Pollution Programs of Interest
Dairy Inspections Dairy Inspection Section Dairy and Food Inspection Division Agriculture Department (507) 364-7750
113 For the purposes of inspecting dairies, the state maintains a lists of all commercial dairies. The list includes information on the name of the operator, address, township, county, section, and the date the facility was last inspected. Approximately 2/3 to 3/4 of those dairies listed have the herd size in the database. The database is maintained on a computer. As of November 5, 1998, 8,887 dairies were on the list.
Water Use Water Division Department of Natural Resources (651) 297-2835
Minnesota requires DNR water permits for operations using more than one million gallons of water per year or more than 10,000 gallons per day. DNR issues permits for rural water system withdrawals. DNR does not maintain information about the individual facilities that operate under a rural water system withdrawal permit. The majority of the state’s AFOs that rely on permitted water withdrawals fall into this category. These are primarily the older facilities.
DNR has issued individual water withdrawal permits to many new large operators. As of December 1998, DNR had 184 active water appropriations permits for "livestock watering" in Minnesota.
DNR maintains a computer database that is compatible with the National USGS water use data system. The database includes information including: name of operator, permit number, well identification number, township/range/section/quarter%quarter section, volume they are authorized to withdraw, rate they are authorized to withdraw, historic pumping information, and watershed codes. They do not maintain information on the number of livestock at the permitted facilities.
Nutrient Management Agronomy Division Agriculture Department (651) 296-5639
This Division regulates nutrient management and develops BMPs for fertilizer management, but not manure. The MPCA is currently drafting a manure management rule. The Agronomy Division anticipates having to develop BMPs for manure management following adoption of the rule.
In 1998, the state legislature directed the Agronomy Division to develop a licensing program for commercial applicators of manure by March 2000. There are approximately 40%80 private manure applicators in the state. It is anticipated that the applicators will not be required to submit information to the Department of Agriculture on their customers. The 1998 legislation also directed the Department to conduct a study on licensing of non-commercial applicators of manure (i.e., individual farmers). A work group is currently studying the issue. The Division anticipates that if they do establish a licensing program for non-commercial applicators, the applicators will not have to report to the Department but will only be required to maintain records on their certification.
Animal Health Programs: Swine Swine Diseases Division Animal Health Board (651) 296-2942 x24
Minnesota maintains a "monitored list" of swine herds. The purpose of the program is to establish the status of the herds for animal health. A computer list of all the herds includes the name and address of the operator and the location down to quarter-quarter section. The list does not indicate the number of AUs at each site. There are approximately 12,000%13,000 premises identified on the list. The list for the northern half of the state has not been updated for a long time, but that is not where most of the state’s livestock are concentrated.
114 Animal Health Programs: Cattle Cattle & Ruminant Disease/Markets Division Animal Health Board (651) 296-2942 x27
The Cattle Division maintains a partial list for cattle that documents vaccinations and testing for brucellosis and tuberculosis. There is a national brucellosis eradication program. If cattle have been vaccinated, the Division has a record. The list is maintained on the computer. It includes the operator name and location (address, but sometimes physical location). Records do not include the total number of animals maintained, only how many animals were tested or vaccinated on a specific day.
Animal Health Programs: Poultry Animal Health and Breeder Permitting Program Poultry, Companion Animal & Miscellaneous Diseases Division Agency: Animal Health Board (651) 296-2942 x18
The Poultry Division administers the National Poultry Improvement Program (NPIP). Although NPIP is a voluntary program, the state requires poultry hatcheries and breeders to be permitted. There are 120 hatcheries in the state with permits and 246 dealers in the state with permits. The permits include information on the name of the owner/operator, address, and the number of breeders tested. Since this program only requires the testing of breeding stock, the permits only reveal information on the number of breeder birds at each facility. Breeding facilities could have as many as 20,000 individual birds.
NPIP publishes a list of each breeder by name and address with the number of breeding stock (based on the incubator capacity). Since this national program is voluntary, permittees can request to not be included in the publication.
Import Regulations: Cattle & Swine Cattle & Ruminant Disease/Markets Division Animal Health Board (651) 296-2942 x30
All livestock imported into the state must be accompanied by a health certificate unless going directly to slaughter. The certificates indicate the destination of the animals, the name of the owner/operator, address, and the number of animals being transported to that location. Often the cattle certificates only include information on the town of destination. The certificates are maintained in paper files.
Import Regulations: Poultry Poultry, Companion Animal & Miscellaneous Diseases Division Animal Health Board (651) 296-2942
The state has a regulatory program requiring certificates of health for poultry if poultry are bought or sold out of state. The health certificates include information on the name and address of the poultry’s destination.
Scales Livestock Weighing Program Agricultural Certification Division Agriculture Department (651) 296-2292
The livestock weighing program regulates weighing at the state’s one weigh station and at places where livestock are bought and sold, including packing plants.
115 Bulk Pesticide and Fertilizer Storage Program Agronomy & Plant Protection Division Minnesota Department of Agriculture (651) 297-4871
Minnesota has a permitting and licensing program for facilities that store pesticides and fertilizers. The legal definition for fertilizer in the program does not include raw animal waste unless is has been "manipulated." The program supervisor does not believe that any of the permitted facilities were also animal feeding operations, although he believes that there may have been one turkey grower who considered applying for a permit.
Permit information is maintained on computers files, as well as paper files. The permits may indicate whether the permittee has animals on-site. The permits include information on the size of tanks and dimensions of tanks, as well as information on dikes, the name of the operation and the owner, and the location.
Mississippi
State Wastewater and NPDES Permits Chemical/Agricultural/Metal Manufacturing Branch Environmental Permits Division Department of Environmental Quality (DEQ) (601) 961-5067
Authority: Wastewater Regulations, ch. I, pt. IV, subpt. C.
Mississippi is a delegated state under the NPDES program. Mississippi has mostly smaller AFOs with several hundred animals each. It has several dozen CAFOs&almost all of them hog farms (and at least one egg farm). The DEQ issues, monitors, and enforces the Mississippi Pollutant Discharge Elimination System (MPDES) program and inspects CAFO operations with MPDES permits annually. The DEQ also issues state operating permits to a class of AFOs described below, primarily dairy, poultry, and swine farms.
In 1998, there was a surge in permit applications for hog CAFOs. In response, the state passed a moratorium on all new factory hog feedlots until January 2000 and gave counties the authority (for a limited time) to pass local ordinances regulating large swine operations (Senate Bill 2895, April 1998). There is currently a court battle over the validity and application of these ordinances and the moratorium.
Meanwhile, the DEQ Permit Board may not issue any permit for construction of a new swine CAFO or the expansion of an existing swine CAFO before January 1, 2000, unless it received the permit application before February 29, 1998. This moratorium has an exception for swine CAFOs that use innovative and significantly improved animal waste management systems. The Board may grant only five exceptions for innovative technology.
State law requires wastewater permits for "concentrated animal operations," defined as all animal feedlots, Grade A dairies, poultry operations with 9,000 or more birds, swine operations with 10 or more sows or 50 or more swine (constructed or altered after 1979) or any other animal confinement causing pollution of waters. All facilities that meet the federal regulatory definition of CAFO must apply for an MPDES permit. All other covered operations must have a state wastewater permit. To get the permit, they must submit a treatment design worksheet from the NRCS or other approvable waste disposal system design and a request a site inspection.
They must also demonstrate compliance with the buffer zone requirements. Most facilities must be at least 1,000 feet from the nearest (unowned by the applicant) occupied dwelling or commercial establishment and at least 300 feet from the nearest adjoining property line. Poultry facilities that lack a continuous overflow watering system and that generate only dry litter or waste may be as close as 600
116 feet from the nearest (unowned by the applicant) occupied dwelling or commercial establishment and 150 feet from the nearest adjoining property line. The Permit Board may consider requests for exceptions. Facilities built before 1994 do not have to conform to these regulations until they need a permit for significant alteration. Land application of animal waste (excluding dry litter poultry waste) must be at least 50 feet from the nearest adjoining property line and at least 300 feet from the nearest (unowned by applicant) occupied dwelling.
Some facilities need individual permits; other qualify to operate under state-issued general permits. In either case, the state operating permit is a no-discharge permit. The DEQ works with the NRCS to include permit conditions, such as set-back requirements and other management practices. Individual permits are generally two pages and contain the name of the farmer, location of the farm, number and type of animals, and any management practice requirements.
NPDES permits require: (1) documentation of the attainment of best management practices or meeting of the animal waste management plan; (2) pollution prevention plans, to be retained on-site; and (3) a schedule for preventative maintenance, including a preventative maintenance log kept by the farmer.
State operating permits require: (1) notice of anticipated discharges (e.g., due to maintenance); (2) structures and equipment to prevent discharges; (3) yearly reports of any discharges, containing date, time, circumstance, and duration; and (4) completion of construction within 12 months. State operating permits are valid for five years. A few grandfathered permits do not have expiration dates.
DEQ maintains paper files of the permits and records permit information in the EPA permit tracking database. Mississippi is currently switching to a computerized system for permits.
Other Pollution Programs of Interest
TMDL (Clean Water Act §303(d)) Water Quality Assessment Branch Department of Environmental Quality (601) 961-5098
The TMDL process of modeling watersheds is only just beginning. DEQ will use two sources of information to identify the CAFOs and AFOs. It will use the permits for those CAFOs and AFOs which are permitted. In addition, it will do low altitude aerial photography for identifying farms and the number of animals based on the size of the lots. The aerial photography also gives a risk factor based on the location of the lots, proximity to water, slope gradation, and size. It has just given a contract for the photography process to begin on their initially targeted watersheds. The information collected in the TMDL process will be in a computerized database.
Senate Bill 2895 (April 1998) directed the DEQ to monitor the surface water conditions near confined swine feeding operations and report to the Legislature by January 1, 1999, with its findings and recommendations.
Air Quality Rules Air Quality Management Branch Air Division Department of Environmental Quality (601) 961-5165
Authority: Senate Bill 2895, April 1998
Traditionally, the state has not issued air permits to CAFOs or AFOs. However, the Air Division is drafting new regulations for air permits or air sections in multi-media permits for certain AFOs and CAFOs. The regulations are in the public notice and comment stage.
117 Non-Pollution Programs of Interest
Dairy Permitting Program Sanitation Division Department of Health (601) 684-9411
Authority: federal model Pasteurized Milk Ordinance and the Farm Milk Tank Law, §§75-31-401 to -427
Mississippi has approximately 367 Grade A dairies (and no other grades), and it has lost a lot of dairies in the last few years. Mississippi requires permits for all of its dairy farms. The Department of Health inspects every dairy every other month and issues a permit yearly to dairies in compliance. Mississippi law regulates milk tanks, dairy barn sanitation and conditions, water supply, equipment, and worker cleanliness. The permit is a page that include the name of the farmer, the permit number, the address, and the county identification number. The permits are kept in paper copies in the central office in Jackson, but the Department does maintain a master list by county.
Water Use Permits Office of Land and Water Resources Department of Environmental Quality (601) 961-5332
Any municipal, commercial, industrial, agricultural facility that requires a well six inches in diameter or greater requires a water withdrawal permit. There is no specific regulation for AFOs, but in practice many poultry and swine farms apply for water withdrawal permits. Dairies do as well, but less often.
The water withdrawal permits began in 1985. At that time, livestock were put in the "other" classification. Since 1994, there has been a separate "livestock" classification (which includes swine, poultry, and cattle).
The permit includes the name of the landowner and the applicant, the location, the type of facility, and the amount of water withdrawal permitted. Permits are typically issued for 10 years. The Office of Land and Water Resources typically cooperates with the Office of Pollution Control in issuing water withdrawal permits at the same time as water discharge permits, including having a single public hearing. The permit record system is computerized.
Egg Permitting Program Consumer Protection Division Department of Agriculture and Commerce (601) 359-1111
Authority: Egg Marketing Law (Shell Egg Inspection), §§69-7-321 to -33
Mississippi charges an annual license fee on all egg producers with over 3,000 hens who retail their eggs. The license is to collect a fee for the marketing of eggs in Mississippi. Any inspections are done at the retail and not at the farm level. The licenses are kept by the Bureau of Regulatory Services of the Department of Agriculture and Commerce, are computerized, and contain primarily the name of the farmer/retailer and the contact information.
Livestock Brands Agricultural and Livestock Theft Bureau Department of Agriculture and Commerce (601) 359-1170
Authority: Mississippi Code §69-29-1
118 Mississippi requires livestock owners who use brands to register those brands with the Mississippi Agricultural and Livestock Theft Bureau. The Bureau maintains a complete register of all brands or marks, showing the name and address of the owner, and annually publishes and distributes copies of the register to enforcement officials and markets. Others can buy copies.
Livestock Disease Reporting Board of Animal Health Department of Agriculture and Commerce (601) 359-1170
As of February 1999, the state joined the USDA’s National Animal Health Reporting System (NAHRS). The state requires veterinarians to report Office International des Epizooties List A and B diseases, a standard set of reportable diseases recognized by the World Trade Organization. Mississippi expects to be fully on-line with NAHRS in January 2000. At that time, the state will be forwarding copies of all disease reports to the Center for Epidemiology and Animal Health in Fort Collins, Colorado. Prior to adopting the NAHRS standard, the state had no animal disease reporting requirements outside of what federal law required.
Livestock Import Permits Board of Animal Health Department of Agriculture and Commerce (601) 359-1170
Authority: Mississippi Code §69-15-111
The Department of Agriculture, Board of Animal Health requires health certificates for swine imports. The health certificate, permit, or waybill must accompany each shipment. The information on the certificate includes name and mailing address of consignor and consignee; number, breed and sex; purpose of shipment; health status; and origin and destination. The Board receives either paper or compact disc copies of the certificates.
Poultry imports must be accompanied by a standard national form that certifies that the poultry comes from a NPIP farm or that it has been tested.
The Board keeps a copy of every health certificate or form in files that it archives after six months.
Missouri
NPDES Program & Land Application Program Water Pollution Control Program Environmental Quality Division Department of Natural Resources (573) 751-7919, 751-9155
The Missouri Department of Natural Resources (DNR) has the authority to issue and enforce NPDES permits. The state uses the federal definition for CAFOs. Most CAFOs in the state (approximately 300) are regulated under general permits. However, CAFOs with 7,000 or more AUs are required to have a site-specific permit. These CAFOs are termed "Class IA." (CAFOs with 3,000%6,999 AUs are Class IB, CAFOs with 1,000%2,999 AUs are Class IC, and CAFOs with under 1,000 AUs are Class II.) There are currently 19 Class IA permits issued. In addition to Class IA CAFOs, DNR can require a site-specific permit whenever necessary to enable the Department to monitor and maintain water quality. In Missouri, permits also cover groundwater discharges and land application practices, as required under the state water law.
119 DNR keeps records of all facilities regulated under the state clean water law (i.e., via NPDES, construction/operation, stormwater permits, etc.) in the state’s Water Quality Information System (WQIS) database. Specific information includes the name, address and legal description of the facility, class and subclass of the facility, permitting information including design capacity (i.e., number of animals facility is designed to accommodate), number of acres available for manure spreading and their location, GIS mapping data, monitoring requirements, inspection results, compliance records, and notices of violation. The number of AUs actually present is not recorded in the database, but that information is part of the inspection records that are kept on file in paper format with DNR. In cases where inspectors find AUs present to exceed permitted design capacity, such violations are recorded in the database with a specific code. Using the database, one can generate a list of permitted facilities by class (e.g., Class IA CAFO) and/or subclass (e.g., swine).
The database also contains information on a limited number of facilities that are not directly regulated under the water law. DNR identifies many smaller AFOs through a voluntary program whereby the NRCS or the university extension service help design waste management systems and then issue letters of approval. Facilities with letters of approval are in the database with data similar to permitted facilities. Also, facilities that come to the attention of DNR through public complaints concerning water pollution are investigated and entered into the database. Records on these facilities contain information similar to permitted facilities, although design specifications are not available. For these facilities, the DNR investigator estimates the number of animals present for classification purposes and that becomes part of the electronic record.
Other Pollution Programs of Interest
Construction/Operation Permit Water Pollution Control Program Environmental Quality Division Department of Natural Resources (573) 751-6825
Authority: MRS §§640.700%.755
DNR requires all CAFOs to obtain construction/operation permits. Depending on the size and nature of the CAFO, DNR may issue a general or site-specific permit. All dry litter facilities fall under a general permit, as do wet systems with 1,000 to 6,999 AUs. Wet systems with 7,000 or more AUs receive site-specific permits.
All facilities under construction/operation permits are entered into the state’s WQIS database (see NPDES program, above). The database currently has information on approximately 550 CAFOs (18 Class IA CAFOs, 500 CAFOs with between 1,000 and 6,999 AUs, and fewer than 50 smaller CAFOs with discharge problems).
Operator Certification & Training Technical Assistance Program Environmental Quality Division Department of Natural Resources (573) 526-6627
Authority: 10 CSR 20-14
The state requires some CAFO wastewater management system operators to be trained and certified. The requirement applies to operators of wet waste management systems at Class IA CAFOs and to operators of other systems on a case-by-case basis, where DNR finds it necessary to prevent pollution. The state allows other operators to seek voluntary certification, but few have done so.Approximately 40 operators were participating in the program as of the end of May 1999.
To be certified, an applicant must have training, pass an examination, and acquire on-the-job experience. Applicants seeking certification submit information on themselves, their training, and their
120 present and past employment. For those that have worked at animal operations, the information includes the operation’s name and address and the name of the applicant’s supervisor. The database tracks attendance at DNR training courses, results of DNR examinations, data from individual applications, and certifications issued. As a result, it holds information on more than just those people currently holding certification.
Land Use Disturbance Permit Water Pollution Control Program Environmental Quality Division Department of Natural Resources (573) 526-2928
Pursuant to the federal stormwater law and parallel state legislation, Missouri requires all facilities or individuals who want to clear or disturb over five acres of land to obtain a land use disturbance permit. The goal of the program is pollution control, and it falls under the NPDES umbrella. Exemptions are granted for single family homes and agricultural facilities, but CAFOs are covered because they are classified as industrial activities under federal legislation. AFOs are usually exempt, although they may be required to obtain a permit in the rare instance that they conduct practices atypical to farming activity (e.g., construction of a large bass lake, land use changes done as a redevelopment scheme). Most facilities are under general permit, but a few individual permits have been issued as part of an enforcement scheme to help bring a problem facility into compliance.
The land use disturbance permitting process has been linked to the CAFO construction/operation permitting process. For most new CAFOs, the two permits are issued together. Both of the permits are then recorded in the state WQIS database (see NPDES Program, above).
Spill Reporting Requirements Water Pollution Control Program Environmental Quality Division Department of Natural Resources (573) 751-9155
Missouri’s 1996 "CAFO law" (MRS §§640.700%.755) requires CAFOs to report spills within 24 hours if they enter state waters or cross property boundaries. Records of spills, investigations, and violations are then kept in hard copy files in the appropriate regional DNR office (there are six). Violation information is also entered into the WQIS database (see NPDES Program, above). This requirement only applies to permitted facilities.
Non-Pollution Programs of Interest
Grade A and Manufacturing Grade Milk Sanitation Programs State Milk Board (573) 751-3830
The State Milk Board has regulatory authority under the Missouri Code of State Regulations to require all sellers of Grade A (2 MCSR 80-2.030) or manufacturing grade (2 MCSR 80.6.011 §F1) milk to be permitted (Grade A) or certified (manufacturing grade). As part of the process, each producer (i.e., dairy farm) or processor must be inspected. When approved, individual permits or certifications are issued, and these must be renewed every six months or, in some cases, more frequently.
Responsibility for handling inspections and regulatory services for Grade A sellers is partially delegated via contract: the county health departments in St. Louis and Springfield-Green counties handle their respective areas, while the State Milk Board maintains sole responsibility for the Kansas City area. The State Milk Board also maintains sole responsibility for all manufacturing grade certification. Each of the three agencies maintains its own database records of permitted/certified facilities under its
121 responsibility (the State Milk Board has two&one for Grade A and one for manufacturing grade). No central database contains information on all the regulated facilities in the state.
Each of the databases is formatted differently, but they all contain the same basic information, including the name of the producer/facility, location, and sanitation testing results. Database records do not specify the number of cows at a facility or the amount of milk produced. However, they do specify facility type and can be queried to generate a list of all dairy farm and their addresses.
At present, the State Milk Board databases contains 207 Grade A facilities and 584 manufacturing grade facilities. The Springfield-Green County database contains 688 Grade A facilities. The St. Louis County database contains 1098 Grade A facilities.
Livestock Import Permits Animal Health Division Department of Agriculture (573) 751-3377
Under state law, all persons need a permit to bring into Missouri swine, exotic animals (e.g., deer, elk), or breeding cattle under two months of age that are traveling without their mothers. Permits contain information such as the name and address of the herd owner, where the animal is coming from, and where it is going. Permit information is stored in a database in the Animal Health Division offices. It would be possible for the Division to search the database by herd owner and tabulate how many permits that person has ever obtained, but not to determine how many animals are presently in a given herd.
Pseudorabies Testing Animal Health Division Department of Agriculture (573) 751-2539
Anytime a herd owner wants to transfer ownership of breeding swine, the animal(s) must be tested for pseudorabies. This test is not necessarily mandatory for animals destined for processing (certain conditions such as age and purpose apply).
Paper records on every swine test are kept for a total of 12 years: 1 year in the Animal Health Division offices, 1 year in the Division warehouse, and then 10 years in the Secretary of State’s archives. Information is filed via the herd owner’s name, and includes data such as the facility address, swine tag number, reason for testing, test results, testing veterinarian, and swine age. Because pseudorabies tests are only required when swine transfer ownership, this program does not have records on the total number of animals per herd owner (i.e., farm size).
The Division also enters all pseudorabies testing data into the federal VAC system, a computer system based in Fort Collins, Colorado. Using this system, the Division can access records of any herd owner that has ever tested swine for pseudorabies. Records from each test are filed under the herd owner’s name and contain information such as the facility address, number of swine tested, test results, testing veterinarian, etc. By searching this database, a user can identify how many swine an individual owner has ever had tested and when each swine was tested.
Brucellosis Testing Animal Health Division Department of Agriculture (573) 751-4260
Under state law, anytime a herd owner wants to transfer ownership of cattle, the animal(s) must be tested for brucellosis. Testing is conducted both at livestock markets and on farms (when sales are transacted between individuals). When tests are conducted at markets, results are entered on a "market chart," which is then filed at the Animal Health Division and entered into the federal VAC system, a computer system based in Fort Collins, Colorado. Data include the cattle identification number, test
122 esults, name of the seller, and cattle’s city of origin; the specific address of the facility is not indicated, although markets can usually generate this information using old checks and other records. Records also include the breed of the cattle, which is useful for determining if a herd owners runs a beef or dairy operation. The market chart does not contain information on the purchaser, although the markets usually keep this information as well. When market charts are submitted to the Animal Health Division, paper records are kept for two years, then sent to the laboratory for storage for five years, and then archived.
Because of personnel limitations, on-the-farm test records are only entered into the VAC database when test results are positive; in such cases, follow up tests are entered into the VAC system as well. Negative test results are kept in paper files under the owner’s name. Both positive and negative records include the name, address and city of the seller. Like market tests, on-the-farm records also include the breed of the cattle, which is useful for determining if a herd owner runs a beef or dairy operation. On-the-farm test records are kept in paper format in the Animal Health Division offices for two years and then archived. Paper files and database records can both be searched by the owner’s name.
Pullorum Testing & Poultry Imports Animal Health Division Department of Agriculture (573) 522-3377
There are two occasions for required pullorum testing in Missouri. First, under MCSR, anytime poultry enters Missouri from another state, it must be from an NPIP certified pullorum-free flock or it must have been tested within the last 90 days. Since most large poultry producers participate in the NPIP, there are very few instances (about three or four per year) where individual testing is required; in most cases, individual tests are conducted for exhibition poultry or zoo birds and would therefore not help identify AFOs in Missouri. Further, records of tests filed with the Division are grouped by state of origin and are not searchable by purchaser. When NPIP certified flocks enter the state, a VS 9-3 health certificate automatically goes to the Animal Health Division (from the NPIP contact representative in the state of origin) and is filed by state of origin; this form includes the name and address of the purchaser, the quantity and type of product(s) shipped, and the purpose (i.e., commercial, multiplier, or primary stock) of the product(s). These files are not searchable by purchaser, either, and would be very difficult to sort manually because of the vast numbers of records.
Second, under MCSR, the Animal Health Division has the authority to inspect health certificates at poultry fairs and shows in Missouri. When records are collected at these events, they are filed in the Division offices by fair and year. Although records do contain the name and address of the flock owner, the files would be hard to search by owner given the way they are grouped.
Equine Infectious Anemia Testing Animal Health Division Department of Agriculture (573) 751-3377
A negative equine infectious anemia test is required when: (1) a horse changes ownership; (2) a horse participates in a sponsored show, event, or trail ride; (3) privately owned horses intermingle with publicly owned horses; or (4) a horse enters a boarding or breeding facility. Testing must be done by an accredited veterinarian who draws blood and fills out the corresponding form, both of which are then sent to an accredited laboratory for blood analysis. When the laboratory work is complete, both the testing veterinarian and the Animal Health Division receive test reports.
Upon receipt, the Animal Health Division files test records in paper files sorted by the testing laboratory that submits them. Test records have the name and address of the horse owner (not the purchaser in cases of sale), but it would be virtually impossible to search by owner because approximately 100,000 new records come in every year.
123 Garbage Feeding Permit Animal Health Division Department of Agriculture (573) 751-2539
Under 2 MCSR 30-4.010, any individual who wants to feed cooked garbage to swine must have a permit and renew it annually. Currently there are only three permittees. A paper list of permittees includes the name, address, and county of the permittee as well as the name of his/her district veterinarian. It does not include information on the number of animals being fed; however, that sort of information is maintained through the permit application. The Division is currently seeking to end all garbage feeding in the state to minimize threats to swine health.
Animal Care Facility Licensing Program Animal Health Division Department of Agriculture (573) 751-3076
Under Missouri’s Animal Care Facilities Act, the Division licenses (1) facilities housing 10 or more female companion animals (i.e., dogs or cats), and (2) facilities housing 3 or more female companion animals and selling the animals to dealers or brokers. Licensed facilities include pounds, humane shelters, boarding kennels, commercial kennels, and contract kennels (i.e., grooming & training facilities).
The Division issues licenses, which facilities must renew annually. As part of the renewal process, the Division inspects each licensed facility. Inspection records do not keep track of how many animals are on site, but when licensees pay their annual fee they must report on how many animals they sold the previous year. Records on licensed facilities are kept in the Division office in paper files.
Livestock Dealer Registration Animal Health Division Department of Agriculture (573) 751-2539
Pursuant to 2 MCSR 20-276.606, anyone engaged in the business of buying, selling, or exchanging in commerce of livestock must be registered. The major classes of livestock covered are cattle, swine, and equines; poultry are excluded from the requirement. Currently, there are 345 dealers registered.
Dealers must renew registrations annually, and the Division of Animal Health maintains a database of all current dealers. Information in the database includes the name and address of the dealer, the type of animals handled, any agents employed, and whether the animals are traded inter- or intra- state. There is no information in the database on volume of animals handled.
Livestock Market Licensing Animal Health Division Department of Agriculture (573) 751-2539
Pursuant to 2 MCSR 30-6.015, all livestock markets must be licensed and inspected quarterly. Licenses must be renewed annually. Currently, there are 157 licensed facilities. There is a database of licensed facilities, which includes locations and manager’s/owner’s names.
Livestock Branding Animal Health Division Department of Agriculture (573) 751-3377
124 Under legislation passed in 1971, the Missouri Department of Agriculture is responsible for registering livestock brands in the state. Brand registration is not mandatory, but it is a strong theft deterrent and the only means of ensuring livestock ownership. All registered brands are listed in a brand book. Listings are grouped by county and include the logo, name and address of the herd owner, and facility. Listings do not indicate the types or numbers of animals in a herd. The book is updated every few years, and currently there are about 5,000 brands registered.
Device & Commodity Inspection Program Weights & Measures Division Department of Agriculture (573) 751-5638
Under state statute, all commercial weighing devices (e.g., livestock scales) must be inspected annually. Livestock scales tend to be located most frequently at points of sale such as auction houses, but they are also located at farms on occasion. The Weights & Measures Division has a list of all the scales covered under the program ( about 450), and when inspections take place results are kept in a file. The inspection files do not distinguish whether the scale is located at a farm or a point of sale.
Fertilizer Control Services Missouri Extension Service (573) 882-0007
In Missouri, anyone who wants to sell manipulated fertilizer (e.g., composted, bagged, dehydrated, etc.) must obtain a permit. Most of the permitted facilities are out-of-state multinational corporations that do not produce manure themselves. Further, the database that stores information on permitted facilities is not searchable by facility-type. However, the program could be of interest in the future if more feedlots choose to commercially sell their manure. In such a case, the university extension service would maintain electronic records of permit applications and reports on the facilities’ sales for the past two years.
Well Drillers Registration Requirements Division of Geology and Land Survey Department of Natural Resources (573) 368-2171
Under Missouri state law, anyone who wants to construct a water well must be licensed to do so and must report to DNR within 60 days concerning any wells constructed. Reports must include the location of the well, the landowner’s name and address, the construction features of the well, and the amount of water it will produce. Reports need not specify the type of facility where the well is drilled, but sometimes drillers choose to include the name of the facility, which may shed light on the type of facility (e.g., Bob’s Hog Farm). Reports that are filed with DNR are entered into a database that can be sorted by facility name, but one would have to browse all of the names to try and identify which might be AFOs. There are currently between 70,000 and 100,000 records, so this process would be a very tedious method of locating AFOs, especially since those that are in fact AFOs might not be identifiable as such.
Montana
NPDES Program & CAFO Permits Permitting and Compliance Division Department of Environmental Quality (406) 444-1454
Montana has NPDES delegation, and issues "MPDES" permits (ARM 17.30.1301 et seq.). The state requires any animal operations that have a conceivable or actual discharge to state water, either surface or ground, to have a permit. There are 72 permits issued to animal operations.
125 Information obtained includes name, address, location, description of operation, numbers of livestock, classes of livestock, whether the operation is existing or new, the physical area, slope, soil characteristics, depth to groundwater, map showing location relative to other factors, area contributing to drainage from outside the feeding area, size of storm event, daily volume of wastewater, description of control facilities including texture of soil used to make the pond, method of solid waste removal, tons of manure produced and applied per year, plan for odor and dust control, and the method, frequency, location, and acreage of liquid application. The department asks facilities to renew their permits every five years. Application information is maintained in paper form. A computerized file tracks those with specific compliance requirements, but it is not structured as a database.
Other Pollution Programs of Interest
Complaints Enforcement Division Department of Environmental Quality (406) 444-2964
This office receives environmental complaints, including those regarding livestock operations. They receive over 2,600 complaints a year. They do not track livestock-related cases separately, but approximately 40%60 a year concern CAFOs, primarily related to runoff but sometimes odor. For all complaints, they respond with an office investigation first, and then a field investigation if that does not resolve the problem. Current statistics indicate that they conduct field investigations of less than 25% of the total complaints (not limited to livestock) they receive. If the field investigation does not resolve the problem and it falls under a regulatory program such as the CAFO program, they refer the complaint to that office for follow-up.
If it is not a permit-related CAFO violation, then it is classified as a Water Quality Act violation (this law prohibits the placement of a waste where it will degrade state waters). There have been approximately 30 of these in the last two years.
Information obtained includes names of responsible party, location, date and description of incident, follow-up actions, findings of field investigation, and type of animals. If a field investigation is made, information gathered may include manure handling practices and the number of animals (to determine if it is a CAFO).
Non-Pollution Programs of Interest
Dairy Control Milk Control Bureau Centralized Services Division Department of Livestock (406) 444-2964
This office licenses all dairies that produce Grade A milk, and also regulates producer prices. (MCA §12-3-202). There are approximately 140 licensed dairies (all cows, no sheep or goat). Information obtained includes name, address, phone, location, number of dairy animals milked (not entire herd), and processing plant. Information is maintained in both paper and computer formats.
Dairy Licensing & Inspection Meat, Milk, Egg Division Department. of Livestock (406) 444-4998
The state licenses all Grade A and Grade B dairies that sell milk to the general public. There are 144 licensed dairies, including a couple of goat dairies. The state inspects two to four times a year, and licenses are renewed annually. Information collected includes name, address, physical location, rough number of cows by range (e.g., 100%150, 200%250), and observations about the barns, cow yards, and manure storage. Information is maintained in both paper and computerized form.
126 Egg Licensing Meat, Milk, Egg Division Department. of Livestock (406) 444-4998
The state licenses everyone selling more than 25 cases of eggs a week. There are 31 licensed egg producers. The state inspects four times a year, and licenses are renewed annually. Information collected includes name, address, and information on the grading of eggs; information on number of animals or structural facilities is not collected. Information is maintained in both paper and computerized form. The state also conducts the USDA Shell Egg Surveillance program in Montana.
Water Rights Permits Water Rights Bureau Water Resources Division Department of Natural Resources and Conservation (406) 444-6610
Under the Montana Water Use Act (Title 85, ch. 2) anyone who is going to beneficially use water, from either surface or ground sources, is required to obtain a water rights permit. The state has issued over 300,000 permits; over 50% identify stock water as a use of the water (some identify more than one use). For practical purposes all livestock operations (not just AFOs) require permits&if you do not have water, you do not have cattle. Applicants first apply for a permit, then they construct the project, then the state inspects and issues the certification of completion. No further inspections or updates of information are required. Information obtained includes name, address, location in terms of section and township, type and number of animals, source of water, drainage basin, and use (e.g., stock water). The state goes through a MEPA (Montana Environmental Protection Act) checklist, but only in terms of water use. Information is maintained on paper, microfilm, and computerized database (The computerized data is available on the internet at www.dnrc.state.mt.us/wrd/wtright/rtweb.htm).
Brand Recording Brand Enforcement Division Department of Livestock (406) 444-0528
This agency records brands (over 75,000) and brand owners (over 100,000) for cattle, horses, sheep, and alternative livestock. Registration is voluntary on the part of the brand owners, but under the state’s brand inspection program, it is difficult to sell livestock without some proof of ownership such as a brand.
Brand & Livestock Ownership Inspections Brand Enforcement Division Department of Livestock (406) 444-0528
The Division inspects cattle, horses, sheep, and alternative livestock upon every instance of change of ownership, livestock leaving the county, and livestock leaving the state. They also inspect in some cases of livestock importation into the state. In 1997 they inspected over 2.5 million head of cattle, over 442,000 sheep, and about 33,000 horses. Information collected includes county of origin, shipper name, destination (city or state, not always the particular location or owner), date of transaction, seller name, identification on each livestock, recorded brand on each livestock, and reason for the transfer&change of pasture, change of ownership, to a market, to a feedlot, or to slaughter. This last information item is not required by law, so the transporter may choose not to disclose it. Information is maintained in both paper and computer format.
Licensing of Auction Markets & Livestock Dealers Brand Enforcement Division Department of Livestock (406) 444-0528
127 The Department licenses all auction markets (there are 15) and all livestock dealers (there are 496). Information obtained includes name, type of business, geographic area of business, types of animals, estimated number of animals, and financial information. Information is maintained in both paper and computer format.
Criminal Investigations Brand Enforcement Division Department of Livestock (406) 444-0528
The Division conducts investigations of any reported violations of state livestock statutes, including theft, criminal mischief, fraud, and transport without an inspection. In 1997, they conducted 603 investigations. The information collected depends on the nature of the violation.
Import Permits & Health Certificates Animal Health Division Department of Livestock (406) 444-2043, 444-0528
The Montana Health and Import Act, MCA 81-2-701, requires a health certificate and an import permit for every animal entering the state. Health certification is done by any of the 400-plus veterinarians in the state, who are accredited as deputy state veterinarians, and submitted to the Department. Information obtained includes type of animal, number of animals, name and address of shipper and receiver, and test results. Information is maintained in both paper and computer format.
Export Animal Health Division Department of Livestock (40) 444-0528
Animals exported out of Montana must comply with the receiving state’s health regulations. Veterinarians in the state conduct the appropriate tests and submit the information to the Department. Information is maintained both on paper and computer.
Alternative Livestock Animal Health Division Department of Livestock (406) 444-2043, 444-0528
The Division tracks elk, deer, and other "alternative livestock" for disease control purposes.
Marketing Composted Manure Field Services Bureau Agricultural Sciences Division Department of Agriculture (406) 444-5400
The state registers and licenses those who sell animal feed or fertilizer. If a livestock operator wanted to compost manure and sell it as a fertilizer, they would need to be registered under this program. Currently, there are none.
Game Farm Licensing Enforcement Division Department of Fish, Wildlife & Parks (406) 444-4039
State law requires licensing of any facility that possesses game animals&including elk, deer, reindeer, caribou, mouse, black bear, mountain lion, antelope, game birds, and exotic species. There are
128 about 95 licensed game farms. Information obtained includes name, address, location, size, kinds of animals, number and species, intended uses, maps, terrain, kind of land, streams and water sources on the facility, and holding facilities. They do not ask directly about manure management. For every application, they conduct a site inspection and do an environmental assessment, including potential impact of the number of animals on the amount of land (including manure). In some cases, they have required certain animal waste control or disposal as a condition of the license. They also conduct periodic inspections (some every year; most every other year) and note the number of animals, facilities, and conditions. Information is maintained on paper, and much of it is computerized as well.
Nebraska
NPDES Program Division of Water Quality Nebraska Department of Environmental Quality (NDEQ) (402) 471-2186
NDEQ issues and enforces NPDES permits. Nebraska does not determine the type of permit that is necessary for a facility to obtain based on the number of animals the facility contains. Permitting is determined strictly on each facility’s possibility to discharge to waters of the state. Individual NPDES permits are issued to open-lot feedlots with a potential to discharge into state waters during a storm event. Thus far, Nebraska has issued approximately 210 NPDES permits. Confined animal feedlots are issued individual state permits that do not allow any discharge, even during a storm event. There are approximately 1,500 of these state permits issued. In April 1998, the Nebraska Legislature approved the Livestock Waste Management Act, which requires all animal feedlots to register with the NDEQ, regardless of the number of animals they contain. (See the discussion of the Division’s livestock operation inspection program, below.)
Other Pollution Programs of Interest
Construction/Operation of Livestock Waste Control Facility Permit Program Division of Water Quality Nebraska Department of Environmental Quality (402) 471-2186
Authority: State Title 130 (modified by LB 1209)
This program issues individual construction and operating permits to all animal feeding operations that are determined by the NDEQ to require waste control systems. Therefore, this program generates a complete list of all animal feeding operations with waste control systems.
There are two separate applications issued: one for Confined Feedlots and Dairy Barns and one for Open Lot Feedlots. The permit for Confined Feeding and Dairy Barns has five sections. Section one requires contact information about the owner and operator of the facility and information about the location of the facility (including section, township, and range). The permit must be signed by a "Technical Advisor," who verifies that the facility’s waste control system meets the requirement of Title 130. Section two requires the permittee to provide detailed information on the facility, including the type of construction being done (existing, proposed new, or expansion), the building area, the maximum animal capacity, and the present number of animals. This section also requires information on the minimum animal waste storage capacity of a facility’s liquid manure storage system or anaerobic lagoon system. The minimum storage requirement is the sum of the animal waste produced (or treatment volume for an anaerobic lagoon), plus the spillage and wastewater, plus the flushwater produced in 180 days. Section three requires detailed information on the type of waste storage provided at the facility (earthen storage pit, earthen lagoon, concrete tank, underfloor concrete pit etc.) as well as information about the type of liner and sealer being used. This section also asks for information about the transportation method of manure and liquids to outside earthen pits or lagoons. Section four records specific information about waste application sites including their location, distance to water, area of land,
129 soil type, owner of the land and method of application. Section five requires the permittee to include scaled drawings and aerial photography of the facility. The permit for Open Lot Feeding is similar to the permit for Confined Feedlots except that in section two, the permittee is asked to determine the minimum runoff storage capacity and to provide information about their debris basin.
There are approximately 1,500 facilities permitted under this program. In accordance with state Title 30, all AFOs are required to register with NDEQ, which performs an initial site inspection and determines whether the facility needs a waste control system. The permits issued are maintained as paper records.
Livestock Operations Inspection Program Division of Water Quality Nebraska Department of Environmental Quality (402) 471-2186
The Division of Water Quality intends to inspect all livestock operations (regardless of size) to determine which need a state operating permit, to evaluate existing waste control structures, and to determine whether facilities without waste control structures should construct them. The Agricultural Statistics Department estimates that there are approximately 61,000 such facilities in Nebraska. Facilities had to request an inspection before January 1999 to avoid paying an inspection fee.
Farmers must fill out a form to request an inspection. The information collected on the form includes the name of the facility and the owner, the mailing address and phone number, the maximum number of animals that the facility holds, the type of animals it contains, the type of waste structure it has, the depth to the groundwater at the facility, and the distance of the facility from the closest surface water. The Division enters the information into a computer database and also keeps it on paper. The Division estimates that they received approximately 30,000 requests for inspection before January 1, 1999, representing about half the operations in the state.
Field staff of the Division are now inspecting the facilities, beginning with larger facilities and those with a larger potential for polluting. The information collected in the inspection report includes soil types, slope, an estimate of the number of animals, erosion control measures, and management practices used. The Division now keeps this information as paper records but will eventually add it to the computer database.
Non-Pollution Programs of Interest
Dairy Inspection Program Bureau of Dairies and Food (402) 471-2351
This program issues an individual license to any farmer attempting to sell milk. It conducts a sanitation inspection of each facility before issuing a license. Information collected regarding each facility includes the name, owner, operator, location and the number of animals that the facility is designed for. No records are kept on the number of animals at the facility at the time that the permit is issued.
There are approximately 800 licensed dairy farms in Nebraska. All records are kept on a computer database at the Bureau of Dairies and Food.
Animal Import Permit Program Nebraska Bureau of Animal Industry (NBAI) (402) 471-2351
All animals being imported into Nebraska must have a health certificate. A health inspection of the animal is done by a veterinarian in the state where the animal is being imported from. The
130 veterinarian issues a Certificate of Health, which is mailed into the NBAI. Each Certificate of Health is kept at NBAI, but there are no records kept regarding what farm the animal is being imported to. Any animal with Mexican origin or any feeder pig from a high-disease area must be issued an import permit. Once the veterinarian inspects the animal, they call NBAI who issues them a permit number. These permits are kept by NBAI and record information on the facility that the animal will be going to, including the name of the owner and operator and location. The permits are kept as paper records.
Database of Regulated Animal Diseases Nebraska Bureau of Animal Industry (402) 471-2351
The state of Nebraska maintains records on all animals with diseases that are regulated by the state, the two most common of which are tuberculosis and brucellosis. NBAI maintains a computer database on all the farms that contain animals with the specified regulated diseases. The information recorded on each facility includes the name, owner, operator, location and subclass of the facility. The database has been decreasing dramatically in recent years because of the decrease in the incidence of regulated diseases. Today there are few facilities on the list and the state hopes that in the future there will be close to no facilities on the list.
Licensing of Livestock Dealers Nebraska Bureau of Animal Industry (402) 471-2351
All individuals that buy or sell livestock in Nebraska must be licensed by the state. The individual first must register and become bonded with the federal Packers and Stockyards (P&S) program. Once they are registered with P&S, they can apply for a state license. Information collected by the state on the license includes the name of the individual and their address. The state collects no information about an individual’s facility; many dealers do not have a facility and do not take possession of the animals. There were approximately 240 licensed livestock dealers in Nebraska in 1997. The licenses are maintained as paper records and in a computer database at NBAI.
Weights and Measures Inspection Division of Weights and Measures Department of Agriculture (402) 471-4292
This Division tests commercial scales and records information on the name of the facility’s owner, the location of the facility, and the type of scale that they use. There is no indication in the records whether the facility is a feedlot, shipping plant, packing plant or dealer facility. The records are maintained in a computer database at the Division of Weights and Measures.
Brand Registration Brand Office Division of Brand Recording (308) 763-2930
All farmers applying brands to their animals must register the brand. The information recorded on the registration form includes the name of the facility, the name of the owner, the location of the facility and the county where the stock bearing the brand will be located. There are approximately 34,600 registered brands in the state. The information is maintained as paper records in the Brand Office.
Nevada
NPDES/CAFO Program Bureau of Water Pollution Control Environmental Protection Division Department of Conservation & Natural Resources (702) 687-4670 x3108
131 Nevada is authorized to implement the NPDES permitting program, but has not issued an NPDES permits to a CAFO. The Bureau believes that no CAFOs in Nevada discharge to state waters. However, it does issue state discharge permits to CAFOs. The state definition of CAFO is slightly different from the federal definition (1,000 or more AUs and 30 days/year confinement; or existence of a discharge identified as a significant contributor to pollution; see NAC 445A.228.).
This program began two to three years ago; the focus was (and still is) entirely on dairy farms. The agency has issued permits to three dairies following complaints about the operations from neighbors and estimates that 11%12 dairies in the state fall within the scope of the permitting program. The agency is currently working with the state Department of Agriculture and with industry to develop a model individual permit.
Non-Pollution Programs of Interest
Dairy Licensing Milk and Dairy Program Bureau of Health Protection Services Health Division Department of Human Resources (702) 687-6353
Only Grade A milk may be sold in Nevada, and all dairy farms producing Grade A milk must be licensed by the state, which implements the federal model Pasteurized Milk Ordinance. (In theory, a dairy farm might produce manufacturing grade milk for out-of-state shipment&and thus go unlicensed&but there are no such producers in the state.) There are roughly 35 licensed dairy farms, representing the total number of facilities in the state. The license information maintained by the agency includes the name and address of the owner, but not necessarily the location of the farm. The license record indicates the volume of milk produced but not the number of animals on the premises. These records are maintained on paper, and some of the information is entered into a computer database.
Water Rights Permitting Program Division of Water Resources (702) 687-4380
Those wishing to appropriate water must obtain a permit from the Division of Water Resources. Different types of permits are issued&e.g., for livestock watering, irrigation, etc. The application for the permit includes the amount of water, the place of use, place of diversion, and the source. Permit applications for livestock watering ask the number and type of animals involved. The agency maintains paper records and has put about 90% of its permit records on computer.
Livestock Disease Reporting State Veterinarian’s Office Division of Agriculture Department of Business and Industry (702) 688-1180 x230
If the state receives a report of a livestock disease such as brucellosis, pseudorabies, or equine infectious anemia, it may conduct testing in conjunction with the USDA. These laboratory test records are maintained at the state’s animal disease laboratory.
The State Veterinarian’s office keeps herd files for cattle, swine, and sheep, which contain testing information about any animals that are bought or sold. The records indicate the location of the herd, but do not indicate the size of the herd, since the file is a collection of laboratory reports for animals that were bought/sold in that herd and owners generally do not test the entire herd. The records are maintained for three years in paper form only, and retrieving statistical information (e.g., for the number of herds in the state) would be difficult.
132 Animal Importing State Veterinarian’s Office Division of Agriculture Department of Business and Industry (702) 688-1180 x230
Those importing animals imported into Nevada must submit a health certificate for each animal to the State Veterinarian’s Office; those importing swine, cattle, and goats must obtain an import permit as well. The information maintained by this office includes the place of origin and the destination of the animals, as well as the number of animals involved. The records are maintained in paper form and on computer, so the agency could, for example, retrieve the names and addresses of facilities that imported swine.
Garbage Feeding State Veterinarian’s Office Division of Agriculture Department of Business and Industry (702) 688-1180 x230
The state prohibits garbage feeding unless the garbage is cooked/treated according to state regulations. Any facility treating garbage under these rules must obtain a permit. There is only one licensed facility in the state (a swine operation). The facility maintains the permit record.
Livestock Brand Recording Livestock Identification Bureau Division of Agriculture Department of Business and Industry (702) 688-1182
To use a livestock brand, an owner must record the brand with the state. (Only owners of at least one head of livestock may record a brand.) The Livestock Identification Bureau enters the applicant’s name and address, as well as the brand design, into a computer and maintains the original application on file. The application indicates the county(ies) in which the brand will be used, but does not include information about the location of the livestock operation(s) or about the type of operation. The agency publishes a brand book. There are currently about 4,300 recorded brands.
Livestock Head Tax Livestock Identification Bureau Division of Agriculture Department of Business and Industry (702) 688-1182
Although there is no requirement in Nevada that livestock owners register with the state, livestock owners must pay a tax on each head of livestock they own. The tax is collected by each county as part of its property tax, but the funds are sent to the state to support the Division of Agriculture. Nevada’s 17 counties forward to the agency a list of all livestock owners who were taxed. The number of animals owned can often be determined based on the amount of the tax, since different types of livestock are taxed at different rates. The state has not compiled this information into a single list, but instead maintains the 17 separate county lists.
Organic Certification Organic Certification Program Division of Agriculture Agency: Department of Business and Industry (702) 688-1180
Nevada administers its own organic certification program. Any producer in the state wishing to market its products as organic must obtain state certification. There are currently 11 farmers and
133 ranchers certified with the state program; an additional two are in the process of becoming certified. Although the law provides for certification of livestock producers, there are no organic livestock producers as of now. The state provides information on its website about those who are certified in the program&including name, address, type of products, and a link to the producer’s own website.
Livestock Dealer Registration Licensing Division of Agriculture (702) 738-8076
State law requires that livestock "dealers," "brokers," "commission merchants," "cash buyers," and "agents" obtain a license from the state Division of Agriculture. The applicant is required to obtain a bond first. The state maintains paper records of dealer licenses. These records include the name and address of the applicant. The type of facility is indicated by the type (and number) of license; e.g., there are separate types of licenses for auction houses, agents, and cash buyers.
New Hampshire
NPDES Program
New Hampshire is not an NPDES-delegated state.
Other Pollution Programs of Interest
Manure Management Program Bureau of Markets Department of Agriculture ( 603) 271-2404
Under state law, the Department of Agriculture is charged with responding to complaints regarding manure, fertilizer, and agricultural compost. It investigates all complaints and makes recommendations for the farmer to follow best management practices. The program has been in place for five or six years. It was receiving 30%40 formal complaints a year, but the number is now tapering off. Information collected includes the actual complaint, name, address, location, and the written inspection report (information recorded depends on the nature of the complaint). Information on the number of animals is usually recorded. Information is maintained in paper form. Most complaints have been about manure from small horse operations in suburbia.
Clean Lakes Program: Diagnostic Studies & Complaints currently in the Biology Bureau (may move to Water Quality) Department of Environmental Services (603) 271-3414
This program has conducted diagnostic water quality studies for 15%20 of the state’s 800 lakes. These studies have found about 20 farms causing problems, of which about 10 are big farms. Note that this database does not include farms impacting rivers but not lakes.
For the last five years the New Hampshire Clean Lakes Program has been entering all of the complaints they receive into a computer database. Information collected includes type of complaint (30 categories), name of owner, address, location, type and number of animals, manure practices, and other relevant observations. Cases can be identified by "animal." However, out of about 100 complaints a year only two or three relate to farming and those are typically hobby farms.
River Monitoring Programs Water Quality Division Department of Environmental Services (603) 271-2471
134 The Division conducts an ambient water quality sampling program every summer, covering the entire state in a three-year period. They identify water quality standards violations or borderline cases and try to determine the causes by going back out and conducting visual observations. They follow up on all the violations they find. When they find that a water quality violation is cased by farm animals, they deal with it by referring it to the Agriculture Department to work voluntarily with the farmer. Information collected includes name, address, physical location, visual observation of how it is impacting the stream (i.e., no fencing to keep livestock out of the stream), and type of animal (usually cows). Information on the number of animals is probably not collected.
Groundwater Permits Water Quality Division Department of Environmental Services (603) 271-3644 or 3744
Under the state’s groundwater permit program, the Department has dealt with only one animal facility; that was a case of gross contamination.
Non-Pollution Programs of Interest
Dairy Inspections Bureau of Food Protection, Licensing and Regulation Office of Program Support Department of Health and Human Services (603) 271-4858
State statute 184 requires every farm that produces milk to get a permit. The number of dairy farms has diminished to 195, including a few goat farms. All of these farms are inspected according to frequency and standards of the federal model Pasteurized Milk Ordinance. Information maintained includes name, address, and physical location; it does not include information on type of animals, number of animals, or facilities. Information exists in both paper and computer form.
State Garbage Feeder Licensing Division of Animal Industry Department of Agriculture (603) 271-2404
Garbage feeding operations are licensed by the state. A registration form is submitted annually. There are an estimated 12%15 or more such operations in the state. The state’s information is being computerized.
Livestock Dealers Division of Animal Industry Department of Agriculture (603) 271-2404
Licensing of livestock dealers is required. There are 60%70 dealers in the state. Dealers are supposed to keep track of where each animal came from, but this information is not routinely submitted to the state. The state’s information is being computerized.
Import Permits Division of Animal Industry Department of Agriculture (603) 271-2404
Persons importing cattle, sheep, goats, or swine into the state are required to call the state, get a permit number, and report where the animals are going. The state also receives a copy of the veterinarian inspection form and the name and address of the recipient. State inspections are not routinely done.
135 Animal Exports Division of Animal Industry Department of Agriculture (603) 271-2404
The state receives and keeps a copy of the certificates of veterinarian inspection for animals exported to other countries or states requiring certificates. State inspections are not routinely done.
State Egg Law Bureau of Markets Department of Agriculture (603) 271-2404
The state egg law gives the state authority to check eggs any place they are sold. Inspections are done at random. Only a very small percentage of inspections are at the site of production (i.e., the farm).
Organic Certification Bureau of Markets Department of Agriculture (603) 271-2404
Only four or five animal operations fall under the organic certification program, which involves an annual inspection. Of those, two or three also fall under the egg products inspection work.
Weights And Measures Bureau of Weights and Measures Department of Agriculture (603) 271-3700
The Bureau licenses scales used commercially. The scale database is on computer and searchable by scale use. Only two or three licensed scales, including one vehicle scale, appear to be associated with livestock. The Bureau also regulates milk tanks. This agency rarely goes to the farm; owners are responsible for hiring a private party to certify scales and tanks. That inspection information is submitted to the state, but provides no information on number or kind of animals.
Poultry Testing Division of Animal Industry Department of Agriculture (603) 271-2404
The state does disease testing for one large poultry facility that exports, two or three smaller poultry farms, the University of New Hampshire, and lots of backyard flocks that need to be tested to go to shows. The state’s information is being computerized.
Animal Welfare Division of Animal Industry Department of Agriculture (603) 271-2404
The Division of Animal Industry handles complaints relating to animal cruelty. The Division tries to work with local officials (animal control officers, police, humane shelters) to deal with complaints, because they do not have the staff or money to do inspections or monitoring. State personnel try to keep a record of the calls they receive, but information collected is not uniform. Complaints also go directly to local officials and humane societies and never reach the state level.
136 New Jersey
NPDES Program Division of Water Quality Environmental Protection Department (609) 633-3869
The Division of Water Quality has the authority to issue and enforce New Jersey Pollution Discharge Elimination System (NJPDES) permits. The state follows the federal definition of CAFO and all CAFOs in the state are supposed to obtain an individual permit, although there are now no permitted CAFOs. State regulations specify that all animal feeding operations, regardless of size, must submit the following information to the Division to determine if a permit is required: the number and types of animals confined; a description of the means of discharge; and the name and address of the owner and operator. The Division has no individual records on any animal feeding operations.
Non-Pollution Programs of Interest
Dairy Inspection Program Office of Consumer Health State Department of Health (609) 588-3123
The state requires dairy farms that sell their milk to a producer or cooperative to be inspected twice each year.The inspectors are employees of a cooperative or other producer facility, but are certified, monitored, and paid by the state. Inspectors maintains their own records, some as paper files and some as electronic databases. The information gathered by each inspector includes the location of the farm, the name of the owner, the number of dairy cattle being held, and information on sanitation of the equipment. There are 195 dairy farms in the state.
Disease Monitoring Program Division of Animal Health Department of Agriculture (609) 292-3965
The Division keeps records on farms that have animals with certain regulated diseases. The regulated diseases are brucellosis and tuberculosis for livestock and salmonella for poultry. The Division keeps information on each disease incident, including the date the diseased animal was tested, the results, the address of the farm, the name of the owner of the farm, and the number of animals on the farm.
The Division will also sometimes do surveys of livestock on farms to make sure that they are disease-free. For each farm that is sampled, the Division keeps information on the location of the farm, the name of the owner, the number of animals contained, and the results of tests that were performed. The records are in an electronic database.
The Division covers dairies most comprehensively. A brucellosis ring test is performed on a quarterly basis on the milk from each dairy farm in the state.
Poultry farms are covered least comprehensively. The Division does no regular monitoring and keeps records only when disease is reported.
Garbage Feeding License Division of Animal Health Department of Agriculture (609) 292-3965
There are 33 farmers licensed to feed garbage to swine. These farms are inspected quarterly to record information about sanitary conditions on the farms, and the licenses must be renewed annually.
137 Information collected on each farm includes the name of the owner, the location of the farm, the number of pigs being contained, and the source(s) of the garbage. The information on these farms is maintained in an electronic database.
Livestock Dealer Registration Division of Animal Health Department of Agriculture (609) 292-3965
All individuals buying or selling more than 10 livestock in a year must obtain a permit from the Division. As of now, the requirement does not include horse dealers, but the state is in the process of drafting rules to include horse dealers in the registration requirement. There are approximately 50 livestock dealers, and the Division believes that this number will double when horse dealers are included. The Division records the name and address of the dealers. Each dealer must keep records of each animal they buy and sell and the location of its origin and destination. These records are for disease monitoring purposes and must be made available to the Division upon request.
Import Requirements Division of Animal Health Department of Agriculture (609) 292-3965
All animals being imported into the state must have a health certificate form the state of origin sent to the Division. The certificate includes the address of the destination of the animal. Each animal must also test negative for certain diseases, depending upon the species of animal. The health certificate is kept on file at the Division for five years before being archived for 10 years.
Shellfish Classification Program Division of Marine Water Monitoring Environmental Protection Department (609) 748-2000
As part of this program, the Division maintains a database of all NJPDES permit holders and a database on all marinas. It obtains information about land use classification from the Office of Geographic Information Systems, which has classified all land in the state. One of the categories of the classification is feedlots (see GIS Program below).
GIS Program Office of Geographic Information Systems (609) 984-2243
This office maintains GIS information on land use classification for the state. It delineates land use and land cover. One of the categories included is animal feedlots. Unfortunately, this is a standard category; there are probably no feedlots identified in the state’s system. If there are one or two facilities identified, they may not be correct because the classification is based only on photo-interpretation. The polygons in the pictures are not verified on the ground. The information system has no specific information about any facility.
New Mexico
NPDES/CAFO Permitting Program Surface Water Quality Bureau Water and Waste Management Division New Mexico Environment Department (NMED) (505) 827-2827
138 New Mexico is not a delegated state for NPDES permitting of CAFOs. There is no comparable state program. The NMED Surface Water Quality program does, however, conduct inspections of permitted CAFOs on behalf of EPA; this is essentially a contractual relationship, and the NMED does not have enforcement authority. There are about 50 (federally) permitted CAFOs in New Mexico, though there are far more AFOs in the state. There is considerable debate about the status of these AFOs; the facilities generally believe that they do not require permits because they have no potential discharge. As part of its relationship with EPA on CAFO issues, NMED is putting together a database of AFOs.
Most CAFOs in the state are dairy facilities or non-dairy cattle feedlots. There is very little in the way of poultry or hog operations. One or two permitted CAFOs are racetracks.
Other Pollution Programs of Interest
Groundwater Permit Program Groundwater Quality Bureau Water and Waste Management Division New Mexico Environment Department (505) 827-2900
NMED’s Groundwater Bureau issues groundwater discharge permits for any discharge that has the potential to move directly or indirectly into groundwater. Any new facility (post-1977) must submit a Notice of Intent to the agency if they intend to create or alter the content of a discharge; the agency then determines whether a permit is required. Pre-1977 facilities are not required to apply; the agency contacts these facilities as staff time permits or if a complaint is received. Discharge plans are required as part of the permit, and these will incorporate relevant animal waste storage and land application requirements.
AFOs are potentially subject to the permit requirements. As of now, most AFOs in the program are dairies&there are between 120%150 dairies currently permitted. There are another 20 or so dairies in the state that are not permitted, and which the agency is beginning to "call in" for obtaining permits. According to this official, there are not many other types of AFOs in the state, though there might be a few poultry operations that have received discharge permits.
The permit information is maintained in a database.
Non-Pollution Programs of Interest
Dairy Permitting Program Dairy Bureau Department of Agriculture (505) 841-9425
Only Grade A dairy farms may operate in New Mexico. All dairy farms must have permits from the Department of Agriculture. The agency inspects dairies at least twice a year, pursuant to standards of the federal model Pasteurized Milk Ordinance. There are currently 156 dairy farms in the state. The information on the farms, which is maintained in database and hard copy form, includes the name and address of the owner, however the location of the farm is given only in terms of section, township, and range. The records do not include the number of animals kept at the dairy.
Water Appropriation Permits State Engineer’s Office (505) 827-6175
Anyone who appropriates water must obtain a water use permit from the State Engineer’s Office. The permit information maintained by the Office includes the location of the well or point of diversion, the name of the facility, and the quantity of water being used. Most AFOs with permits are probably dairies. There is no requirement for specifying the type of operation; this information is usually discernible through the name of the operation. In addition, the permit application usually has to provide
139 some information about the use of the water&e.g., whether for irrigation or animal washing. The permit information is mostly in paper form, though the office is moving it to a database.
Livestock Disease Reporting Livestock Board (505) 841-4000
The Livestock Board appears not to maintain comprehensive records on reported livestock diseases. Any disease on the "A-list" must be reported to either the state or the federal government. When the state gets a report, it makes a determination whether do an inspection, which may result in quarantine. The agency does not maintain herd files and could not determine from the records it keeps on disease reports/inspections how many different facilities were the subject of a report/inspection in a given period of time.
Animal Importing Livestock Board (505) 841-4000
Persons importing animals into New Mexico (including cattle, horses, and swine) must obtain a permit and provide a health certificate. The permit itself, which includes the class of livestock involved and the destination, is only kept by the Board for a short time. However, the Board inspects the animals once they have arrived at their destination, and these records are maintained for 10 years. The inspection form includes information about the location of the facility and the number of animals. However, the records are in paper form and are not organized by facility. Thus, a search of all 75,000 records would be needed to determine the number of facilities that have received import permits. The only readily available information is the number of head of livestock that have received import permits.
Livestock Brand Registration Program Livestock Board (505) 841-4000
In New Mexico, livestock owners must (with limited exceptions) use a registered brand on their livestock. They must record the brand with the Livestock Board. The records maintained by the Board include the name and address of the owner, but not any information about the use of the brand, type of animal or location of the facility. There are about 30,000 registered brands in the state, and the Board keeps information about the brands in a brand book.
Livestock Dealer Registration Program Livestock Board (505) 841-4000
The Livestock Board licenses auction houses only. (Other types of dealers/brokers are licensed through the Department of Agriculture.) The program is related to financial security only. Once an auction house has obtained a bond and approval from the federal Packers & Stockyards program, it submits this paperwork to the Livestock Board, which issues a license that is renewable annually. The Board keeps license information in paper form, including the name and location of the facility.
Garbage Feeding Program Livestock Board (505) 841-4000
Although New Mexico law requires a permit for garbage feeding, the state does not implement a permit program. The Board used to have a permit program, but turned it over to the USDA. The state may take the program back in the near future. This is not a big program, since there are so few swine facilities in the state.
140 Egg Inspection Program Standards & Consumer Services Division Department of Agriculture (505) 646-1616
The state has Grade A regulatory requirements for shell eggs. Under this program, the state inspects egg retailers and wholesalers. The Department of Agriculture also works with the USDA to do shell egg surveillance of egg producers. Currently, there are four such facilities registered with the program; two are covered by USDA, and two are the responsibility of the Department. Under the program, inspections are carried out and inspection records maintained by the Division. These records include the location and size of the facility.
Weights & Measures Program Standards & Consumer Services Division Department of Agriculture (505) 646-1616
New Mexico inspects all commercial livestock scales per National Institute of Standards & Technology (NIST) guidelines. This would include auction houses as well as private ranches where scales are used for livestock sales. The Division maintains inspection reports in paper form, and enters some of the information onto a computer database. The information on computer is organized by individual business and includes the business name and address, the location of the facility (using a quad map) and information about the scale. The records would indicate the type of facility by the name of the business; in addition, the Division can easily determine which are P&S scales.
Organic Certification Program Consumer and Standards Department of Agriculture (505) 852-3088
New Mexico does have an organic certification program. The state Organic Commodities Commission sets and enforces the standards. Those who wish to participate register and pay a fee; once they are inspected and found to comply with the standards, they are able to market their products accordingly. There are currently two chicken operations (each with about 5,000 chickens) and two or three beef cattle operations that are registered. The Commission maintains the registration information on these facilities, which includes the name and location, as well as the size of the operation.
New York
State NPDES Program (SPDES) Bureau of Water Permits Division of Water Department of Environmental Conservation (DEC) (518) 457-0657
DEC has the authority to issue and enforce SPDES permits. In New York, SPDES permits have never covered CAFOs because they are not allowed to discharge. If there is any discharge from a CAFO, the DEC Regional Offices work with the farmer to remedy the problem. The DEC is now putting together a work plan on how to address the problem of discharges from CAFOs. They have considered several plans, ranging from issuing individual discharge permits to maintaining their current system of no permits, and have decided to develop a general SPDES permit to cover all CAFOs.
The definition of a CAFO in New York is the same as the federal definition. The general SPDES permit would require all farms to develop an Agricultural Waste Management Plan and abide by established BMPs. Each farmer will be required to issue a notice of intent to be covered under the general permit.
141 New York is beginning to collect data on CAFOs through surveys done by each DEC regional office. The data include the name of the owner and operator, the location of the facility, the subclass of the facility and the number of animals contained. The state now has information on approximately 130 CAFOs and 1,035 farms with less than 1,000 AUs. This information is kept in WordPerfect tables and will be put in a database format.
Non-Pollution Programs of Interest
Dairy Farm Inspection & Licensing Division of Dairy Industry Department of Agriculture and Markets (518) 457-3880
This program inspects the sanitation equipment of all dairy farms that ship milk. Once inspectors evaluate the equipment and give their approval, a license is issued. Each inspector keeps paper records; there is no single repository for the records. Records include information about the producer number, owner, operator and location of the facility. They include no information on the number of animals at each facility or about the type of pollution control equipment. Information is collected about the sanitation of the milk production equipment. There are approximately 8,800 dairy farms in the state.
Records of Cattle Herds Division of Animal Industry Department of Agriculture and Markets (518) 457-3502
The Division tries to keep records on all cattle herds in the state to track regulated diseases&brucellosis and pseudorabies. The Division has more complete records on dairy cattle herds than on beef cattle herds. This is partly because the state tracks dairy farms through the above-described inspection and licensing program. A brucellosis test is performed every six months on each dairy cattle herd. The information kept on each herd includes the names of the owner and operator, location and subclass of the facility that contains each herd. For most herds, the size is estimated, but there are some dairy herds whose exact numbers are recorded. The Division maintains the information as paper records. It recognizes that the data are incomplete and is working to improve them.
Swine Garbage-Feeding Inspection Program Division of Animal Industry Department of Agriculture and Markets (518) 457-3502
The state does not allow animals to be fed garbage, and therefore the Division inspects swine feeding operations to make sure that the farmers are not feeding garbage to swine. The Division tries to inspect all facilities that feed 10 or more swine. It has compiled an electronic list of the facilities inspected, including the name of the owner and the address. It also gathers information about the type of waste control structure that the facility uses, but this information is not kept in the computer database, only in the paper inspection records. The number of swine at each facility is recorded at the time of inspection. There are approximately 400 facilities in the database.
Requirements for Imported Animals Division of Animal Industry Department of Agriculture and Markets (518) 457-3502
New York has requirements for importing cattle, horses, sheep, goats, llamas, and deer. There are different requirements for each animal type and for each area of the country that the animal is being imported from. Cattle must have a negative brucellosis and tuberculosis test, if they are being imported from certain states. All imported animals must have a Certificate of Veterinary Inspection from the export state. The certificate gives the state a way to track animals if there is a disease outbreak. The
142 certificate lists the name and address of the consignor and consignee. The Division keeps the certificates on file in paper format.
Domestic Animal Record Books Division of Animal Industry Department of Agriculture and Markets (518) 457-3502
All individuals that buy and sell cattle, horses, swine, poultry, deer, and elk must record their transactions in a record book. Individuals must indicate the type of animal they buy or sell and the names and addresses of the farmers they buy from or sell to.
Dealers keep their own record books. The Division uses information about animal transactions to identify and prevent disease outbreaks. When the Division requires this information, dealers must submit their record books to the Division.
Weights and Measures Inspection Program Weights and Measures Program Natural Resources & Environmental Programs Department of Agriculture and Markets (518) 457-7230
The inspection of commercial scales is done at the municipal level. There are 64 municipalities that each record their inspections differently and send an annual report to the state. One of the entries on the inspection sheet is the type of establishment. The categories include "food stores," "feed and fertilizer," and "other." The Division believes that most scales at feedlots (as opposed to livestock markets) are not being used to buy or sell livestock, only to measure out feed, so therefore they are not inspected.
North Carolina
NPDES Program Division of Water Quality Department of Environment and Natural Resources (DENR) (919) 733-5083 x502
North Carolina does not regulate AFOs under the NPDES program. It views the NPDES program as a discharge program, whereas its animal waste management permit program, described below, is a non-discharge program.
Other Pollution Programs of Interest
Permit to Construct and Operate an Animal Waste Management System Division of Water Quality Department of Environment and Natural Resources (919) 733-5083 x502
Authority: Senate Bill 1217
Any person constructing or operating an animal waste management system for an animal operation must apply for coverage under a general permit. An animal operation is defined as any agricultural farming activity involving 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. The Division tracks approximately 2,800 AFOs through this permitting system. The information is kept in an electronic database and is available through DENR’s web page. There are four separate databases. The Basic Information File contains information on the permitted facilities including the facility number and name, the owner’s name, the mailing address, county, and type of facility. The Design Capacity File
143 includes the basic information as well as the specific type of cattle (dairy or beef), poultry (layer or non- layer), or swine. This list also includes the design capacity of the facility and the steady state live weight. The Location File includes the basic information as well as facility location information in latitude and longitude and directions to the facility on a map. The Status File contains information about the date that each facility was registered and certified as well as the facility’s certification number, permit date, and permit number.
The application for coverage under the general permit asks the applicant to submit some general information, a location map, and a Certified Animal Waste Management Plan. The general information includes the facility’s name, address, location, farm manager’s name, integrator’s name, the date the facility began operation, the date the facility expanded, the number and type of animals at the facility, acreage cleared and available for manure application, and the number of waste storage lagoons. The location map must include the specific location of the animal waste facilities, and field locations where animal waste is applied.
The state requires a Certified Animal Waste Management Plan (CAWMP) for all facilities subject to the general permit, as well as all poultry operations with 30,000 or more birds with a dry litter animal waste management system. These plans must include provisions dealing with odor, insects, stream protection, emergency management, manure use, record keeping, and waste system design. Animal waste systems must be designed not to discharge to the waters of the state except if forced to by extraordinary rainfall (a 25-year, 24-hour storm event). Technical specialists (trained by the Division of Soil and Water Conservation) must certify the design and installation of the animal waste management system.
Farm operators must provide written notice of new or expanding swine farms that begin construction after June 21, 1996. Technical specialists must certify changes and installation of new components of the animal waste management plans on these farms. When technical specialists have completed all certification procedures, the land owner must submit the CAWMP form to the Division for approval. For new facilities, animal waste management plans must be approved before animals are stocked.
Farm operators must receive training and certification before operating an animal waste management system. The Water Pollution Control Systems Operators Commission provides 10 hours of classroom instruction prior to the certification examination. To remain certified, animal waste system operators in charge must complete six hours of approved additional training during each three-year period following initial certification. A minimal fee is required for training and certification.
Note: A moratorium on construction or expansion of swine farms and lagoons and animal waste management systems for swine farms was in effect until March 1, 1999 (HB 515, Clean Water Responsibility Act) and now has been extended to September 1, 1999. The purpose of this moratorium is to allow counties to establish zoning ordinances preventing swine farm siting. The two year moratorium (established March 1, 1997) was a response to a number of lagoon spills into North Carolina rivers.
Inspections of Animal Feeding Operations Division of Water Quality Department of Environment and Natural Resources (919) 733-5083 x502
All animal feeding operations that are required to obtain a general permit are inspected twice a year: once by the Division of Water Quality and once by the Division of Soil and Water Conservation. The inspection by the Division of Soil and Water Conservation is a pre-inspection in which the farmer is aided in identifying problems on the farm and given assistance to rectify them. If inspectors find a major violation of the farmer’s permit, they are required to notify the Division of Water Quality, but their job is mainly to assist the farmer in meeting the inspection requirements of the Division of Water Quality. The regional staff of the Division of Water Quality inspect the farms for maintenance issues, for waste storage structure compliance, to make sure that the farm has a certified operator, and to ensure that the farmer is following their established nutrient management plan. The regional inspectors maintain paper copies of
144 the inspections and send a copy to the Division of Water Quality, where it is put into a computer database.
Shellfish Sanitation Program Shellfish Sanitation Section Division of Environmental Health Department of Environment and Natural Resources (252) 726-6827
The Shellfish Sanitation Program performs a sanitary survey, taking water samples in accordance with U.S. FDA requirements, and does a shoreline survey, looking for potential point and nonpoint pollution sources. It keeps paper records on facilities that are possible sources (their name and location on a map) and writes a survey report for each of 55 survey areas. The program has no computer database on these facilities.
Fish Kill Notification Environmental Sciences Branch Division of Water Quality Department of Environment and Natural Resources (919) 733-5083 x581
When 25 or more fish in one stream segment are killed, the event is supposed to be reported to the Division. When a fish kill is reported, field staff examine the site to determine the possible source(s) of the kill. They will look at all of the facilities in the watershed, especially those with NPDES permits or those regulated in some other way (e.g., AFOs subject to the general permit). They look closely at facilities that have been recently sent violation notices. The only information that they maintain about possible sources of the fish kill is the name of the facility.
The Division posts information about each fish kill on the web. This information includes the location of the kill, the approximate number of fish killed, the species of fish killed and the possible sources. The possible sources are very general and do not indicate specific facilities.
Non-Pollution Programs of Interest
Dairy License and Inspection Division of Environmental Health Department of Environment and Natural Resources (919) 715-0923
North Carolina issues an individual permit to all dairy farms in the state, covering all of the requirements of the federal model Pasteurized Milk Ordinance. Regional milk specialists inspect farm sanitation quarterly The information collected by each inspector includes the name of the farm and owner, the farm’s location, the pounds of milk produced by the farm daily, the co-op that the farm is a member of, and deficiencies noted in the sanitation practices of the farm. The inspection reports are kept as paper records and one copy remains at the farm and one is maintained by the inspector. The Division has records of 462 dairy farms in the state.
License for Poultry Dealers, Hatching Egg Dealers, Chick Dealers, and Chicken & Poultry Hatcheries Veterinary Division Department of Agriculture (919) 733-3986
Authority: NC Ad. Code, Title III, ch. 52, subch. 52b, §0600
Any person, firm, or corporation that buys and sells poultry, hatching eggs, or chicks must have a license from the Veterinary Division. The Division enforces the requirement for large operations but does not enforce it for those dealing in small numbers. There are approximately 30 hatcheries, 30 chick dealers and 300 poultry dealers.
145 For each dealer, the Division records their name, address, phone number, and type of animal in which they deal. This information is in a computer database and on paper. The dealers must keep records on who they are buying from and selling to and the number of animals that are transferred in each exchange. This information is available to the Division if they request it.
For each hatchery, the Division maintains information on the name and address of the flock owner of all eggs received and the date that they are received. The owner is required to keep records of all hatching eggs and baby chicks sold, with number, flock origin, and date, name, and address of purchaser. Animal health technicians inspect the hatcheries twice a year and inspect the supply flocks at least once a year. Most of the information on the hatcheries is maintained as paper records at the Division.
License for Livestock Dealers Veterinary Division Department of Agriculture (919) 733-7601
Any individual buying or selling livestock and holding them for less than 28 days must have a license from the Division. The information on the application includes the name, address, and telephone number of the applicant. The Division records the names in a computer database, and it keeps the actual applications as paper records. The dealers must keep records on numbers of animals sold and bought, the date of each transaction, and the address of the origin and destination of each animal. The Division checks these records randomly and requires them to be submitted if there is a disease outbreak.
Disease Monitoring Veterinary Division Department of Agriculture (919) 733-7601
For national disease monitoring programs such as pseudorabies and brucellosis, the Division keeps electronic records on random tests performed on cattle herds. These records include the address of the herd, the number of animals, and the results of the tests.
The Division also keeps information about horses that test positive for equine infectious anemia. The Division only keeps information about the individual animal and what farm it is from, not on the total number of animals at the farm.
When an animal is brought to market, before it is slaughtered, it is tested for pseudorabies. It is identified by a tag that enables it to be traced back to its herd of origin. The Division keeps records on those animals that test positive for pseudorabies and the location of their herd of origin.
This Division also performs quarterly brucellosis ring tests on the milk from all dairy herds in the state and keeps records on the results of each test.
Import Requirements Veterinary Division Department of Agriculture (919) 733-7601
All animals imported into the state, aside from dogs and cats, must have a health certificate issued by a veterinarian in the state of origin on file at the Division. The health certificate contains the names and addresses of the consignor and consignee, the origin of the animals, their final destination, and an accurate description or identification of the animals (age, sex, breed, and tag, tattoo, or brand number). It must also indicate the health status of the animals listed including dates and results of required tests and dates of pertinent vaccinations. The Division keeps health certificates (except for health certificates for poultry which are kept at Rollins Diagnostic Laboratory) in paper format for five years.
146 There are also specific requirements for each type of animal. For example, all horses being imported must test negative for equine infectious anemia and all swine being imported for breeding purposes must be free of pseudorabies.
Scale Inspection Weights & Measures Division Department of Agriculture (919) 733-3313
The Division inspects scales at livestock markets. Its records include the name and address of scale owners. It keeps no records about the animals being bought and sold.
North Dakota
NPDES Program Wastewater Facility/Permits Branch Division of Water Quality Environmental Health Section Health Department (701) 328-5210
The state has NPDES delegation. Presently, they have no NPDES permits issued to livestock operations because (a) they only issue NPDES permits for discharges and (b) they allow no discharges from livestock operations.
Oher Pollution Programs of Interest
State Livestock Program Division of Water Quality Health Department (701) 328-5210
This program requires AFOs to have state approval before construction and allows for subsequent inspections by the state. It applies to AFOs with 200 AUs, plus smaller AFOs located near surface water or with potential to pollute, with most wintering operations exempt. Over 900 facilities have registered since the program began in the 1970s, though only about 400 appear to be still active. Twenty-three currently active registered facilities have over 1,000 AUs. Information obtained on the application includes name, address, location, existing number of animals, maximum intended number of animals, and equipment and facility design plans for manure handling (including the amount of land available for land application). Inspection reports, if made, are also kept. Information is on paper, but newer entries are also on computer.
Odor Control Air Quality Compliance Branch Division of Environmental Engineering Environmental Health Section Health Department (701) 328-5188
The state air quality law and regulations set an odor standard and a hydrogen sulfide standard (N.D. Administrative Code Article 35-15-16). By law, enforcement is complaint-driven. The Division receives only one or two complaints a year.
Non-Pollution Programs of Interest
Dairy Licensing & Inspection Dairy Division Agriculture Department (701) 328-4763
147 The state licenses, inspects, and obtains certified milk analyses for all dairies that sell milk. There are a total of 743, of which 343 are Grade A and 400 are manufacturing grade. Information obtained includes name, address, township, section, and barns and facilities. The licensing form does not ask for information on manure handling, but inspectors might make note of it on their inspection sheets. The information is on computer.
Licensing Nontraditional Livestock Board of Animal Health/State Veterinarian Agriculture Department (701) 328-2655
State licensing and inspection is required of operations that confine nontraditional wildlife. This includes elk, fox, coyotes, pheasants, ducks, and geese. There are about 200 such operations. Information collected includes name, address, type and number of animals, and a diagram of the physical premises. The information is on paper.
Licensing of Livestock Markets Livestock Industries Program Agriculture Department (701) 328-4761
The agency licenses all auction markets that offer livestock for sale. There are 16 markets licensed. Information collected includes name, address, volume in dollars, and other financial information. Information is not compiled on type or number of animals. The information is on paper.
Brand Inspections North Dakota Stockmen’s Association (701) 223-2522
This association has authority under state law to inspect brands, charge fees, require proof of ownership, and take enforcement actions. Brand inspection is mandatory. Anytime a horse, mule, or head of cattle is confined and sold, and anytime one of these animals is sold and leaves the state, an inspector inspects the brand on every animal at the point of sale. The association inspects 1.5 million head a year. Most brand holders are not feedlot operations. Information collected includes the name of the brand owner, the name and address of the owner of the animal, the name and address of the purchaser, the number of animals, and where the animal is being taken. Information is maintained on microfiche. Data can be sorted by kind of animal and by county.
Licensing of Livestock Dealers Livestock Industries Program Agriculture Department (701) 328-4761
The agency licenses dealers that buy livestock for other people or for resale. There are 190 registered dealers. Information collected includes name, address, and financial information. The information is maintained on paper.
Poultry Dealer Licensing Dairy Division Agriculture Department (701) 328-4763
All poultry dealers are supposed to be licensed. There are about 6%7 licensed dealers, with the number varying from year to year. Information obtained includes name, address, and financial information. The information is on paper.
148 Disease Control Testing Board of Animal Health/State Veterinarian Agriculture Department (701) 328-2655
The only mandatory disease testing is for elk. There are probably about 50 elk operations.
Complaints Regarding Animal Welfare Board of Animal Health/State Veterinarian Agriculture Department (701) 328-2655
When this office receives complaints, they first ask the county sheriff to investigate. If there is a valid complaint under the state’s humane treatment law, then a state veterinarian goes to investigate. The state law restricts them from taking action unless animals are not adequately fed, watered, or sheltered. Information collected by the state veterinary inspectors includes name, address, kinds and number of animals, and number of barns or other structures if related to lack of shelter. They are not likely to collect information on manure handling unless it related somehow to food, water, and shelter. Information is maintained on paper. They receive an estimated 30%40 complaints a year; probably 50% are farm animals and 50% are dogs, cats, etc. About 50% of those turn out to be valid complaints. Hence, state veterinarians inspect an estimated 8%10 farm operations a year following complaints.
Ohio
NPDES Program Division of Surface Water Ohio Environmental Protection Agency (OEPA) (614) 644-2020
Currently, Ohio does not require a CAFO to have an NPDES permit if the CAFO is designed not to discharge for anything under a 25-year, 24-hour storm. There are three or four CAFOs that have NPDES permits for controlled discharges other than manure waste (e.g., a stormwater discharge from a sediment pond).
Other Pollution Programs of Interest
Permit to Install Division of Surface Water Ohio Environmental Protection Agency (614) 644-2020
Livestock operations with more than 1,000 AUs must apply for a state Permit to Install (PTI). The Division has issued 110 PTI permits. Information obtained includes name, address, number and type(s) of animals, county, physical characteristics, the livestock waste management plan, tonnage, and waste management method. Some, but not all, operations are asked to submit yearly reports so the Agency can check to see if the actual operation matches the design. All of the information is on paper; and some information, such as name and type of operation, is also in a computer database.
Agricultural Pollution Abatement (APA) Program Division of Soil and Water Conservation Ohio Department of Natural Resources (DNR) (614) 265-6617
This complaint-driven, bad-actor program has been in place for livestock since 1979. It identifies cases through either public complaints or notification from another agency. The Division first refers cases
149 to the local Soil and Water Conservation District, which investigates and tries to get the problem corrected voluntarily. If the local district is unsuccessful, it transfers the case back to the Division, which is required to go through an administrative law process. If the administrative process fails to achieve resolution, the Division can impose penalties or jail time.
The local districts handle some 200 to 300 cases a year. Only two to five cases a year are handled by the Division. All of these have been resolved in the administrative law process. The estimated total number of cases handled by the Division is 30 to 50.
The districts use a standard investigation form provided by the Division. Information asked for on the form includes name, address, type of operation, nature of the pollution problem, extent of damage, a sketched map, sometimes an aerial photo or other map, type and number of animals, size of feedlot, present waste handling and disposal system, distance of feedlot from watercourse, name of closest stream, likelihood of groundwater pollution, and whether there is a problem with milkhouse waste, feedlot runoff, manure storage, or silo drainage.
Information is on paper but is available only with difficulty because cases have been filed in a variety of ways. This program is linked to a cost-sharing program to help finance facility improvements, and a number of the files are organized according to their status in the cost-share program.
Composting Program Composting Unit Division of Solid and Infectious Waste Management Ohio Environmental Protection Agency (614) 644-2621
The state requires certain operations that compost organic material and use that material off-site to register and/or be licensed. Perhaps only eight or nine farms are registered. Unfortunately, the information that the unit keeps on registrants does not indicate the nature of the operation (e.g., farm, municipality, private industry, etc).
Currently, no farms are registered to compost dead animals. The state has proposed revisions to the regulations to make it easier to compost dead animals, and the state hopes that the largest farms will start composting dead animals instead of relying on landfills and incinerators.
Stream Litter & Fish Kills Division of Fish and Wildlife Department of Natural Resources (614) 265-6320
This Division investigates and takes enforcement action against livestock producers when their use of manure causes fish kills. The Division handles five to ten livestock producer cases a year. It has no abatement authority. Its usual policy is to investigate to the point that it can file a criminal case for stream litter, then seek a civil action under the fish kill rules if the value of fish killed exceeds $50.
The Division files hold information on the name of the violator, address, physical location, and the specific violation. The Division usually collects no information on the violator’s animals. It may collect information on manure management and manure facilities, depending on the violation. Information is in paper form.
Non-Pollution Programs of Interest
Dairy Licensing Dairy Division Department of Agriculture (614) 466-5550
150 The state licenses milk production operations and inspects them at least twice a year. There are about 4,800 licensed cow dairy producers and a few (under 10) goat producers. Information obtained includes name, address, and physical location, but not information on the number of animals or types of facilities. Information is in both paper and computer form.
Meat Inspection Division of Meat Inspection Department of Agriculture (614) 728-6260
In general, the state inspects processing plants, not farms. There are about 310 inspected plants. However, some of the inspected operations are also farms (e.g., small mom-and-pop turkey farms). The information tabulated does not identify them, but division staff would know personally which plants are also producing farms.
Weights & Measures Division of Weights and Measures Department of Agriculture (614) 728-6290
The state inspects and tests livestock scales at facilities licensed with the federal Packers and Stockyards program. The information gathered would not directly indicate whether the facility was a CAFO.
Livestock Dealer Licensing Division of Animal Industry Department of Agriculture (614) 728-6220
The state licenses persons that sell, barter, or trade more than 250 cattle or horses or more than 500 hogs or sheep a year. There are over 220 dealers licensed, including all of the state’s livestock auction establishments. If you buy animals and keep them for 30 days or more, you are exempt from the dealer license requirement. Information obtained includes name, address, business name, type of animals, and the number of animals on the 10 largest business days a year. The Division is moving much of their information from paper to computer, but in some cases is still mandated to keep paper copy.
Disease Control Division of Animal Industry Department of Agriculture (614) 728-6220
The state’s disease testing programs mirror the federal programs and regulations. Given the fact that they have successfully controlled diseases in the state, they do not do any routine testing of live animals.
Blood from adult cattle and swine is collected at slaughter and tested for disease. If disease is suspected, the state finds out the identity of the producer and inspects the farm. It inspects well over 50 instances a year. Information collected varies depending on the disease. Information collected includes name and address, but not necessarily the type of animal, number of animals, or facilities. The Division is moving much of their information from paper to computer, but in some cases is still mandated to keep paper copy.
Garbage Feeder Licensing Division of Animal Industry Department of Agriculture (614) 728-6220
151 The state currently has only one garbage feeding operation, and that establishment may no longer require licensing next year.
Oklahoma
NPDES Program
Although Oklahoma is an authorized state for NPDES permitting, that authority does not extend to CAFO permitting. EPA Region 6 has issued a general permit for CAFOs in Oklahoma.
Other Pollution Programs of Interest
CAFO Permitting Program Water Quality Services Division Department of Agriculture (405) 521-3864
Over the past few years, there has been tremendous legislative and political activity in Oklahoma concerning animal operations. The state enacted two animal operation laws in 1997, amended one of the 1997 in 1998, and enacted a new law in 1998. In addition, it has issued several sets of regulations over the past few years.
The Department of Agriculture is responsible for permitting CAFOs. The state has issued roughly 400 CAFO permits. In Oklahoma, an AFO is a CAFO and requires a state permit if it (1) has 1,000 AUs and discharges to state waters; (2) has 300%1,000 AUs and discharges via an artificial conveyance or directly to waters passing through the facility (3) is a "licensed managed feeding operation" (a swine or poultry operation with 1,000 AUs and a liquid waste management system) or (4) is determined by the state to be a significant contributor to water pollution. (Racetracks that discharge to a POTW&apparently there is one in the state&are exempted.) Any CAFO that has filed a notice of intent under EPA Region 6’s general permit must get a state permit. Along with an application, permittees must submit a pollution prevention plan (including BMPs and an odor abatement plan) and an animal waste management plan.
The CAFO program works with the Department’s Dairy Section to carry out inspections; dairy inspectors perform the annual CAFO inspections.
Poultry Registration Program Water Quality Services Division Department of Agriculture (405) 521-3864
The state has a mandatory poultry registration program, which requires registration of all poultry feeding operations that produce more than 10 tons of litter in a year (this apparently covers virtually all poultry operations in the state). This program was created in 1998, in response to the fact that only liquid waste management poultry operations were covered under the CAFO permitting program. The registration deadline was January 1, 1999, and the agency estimates that close to 900 operations have registered. In addition to registering, poultry operations must use best management practices and submit an animal waste management plan. The law also requires educational training for all poultry feeding facility operators and certification for applicators of poultry waste.
Non-Pollution Programs of Interest
Dairy Licensing Dairy Section Animal Industry Services Department of Agriculture (405) 521-3864
152 All Grade A and manufacturing grade milk producers must obtain a license from the Dairy Section. There are close to 600 Grade A dairies and one manufacturing grade dairy in the state. The agency maintains license application records, which include the name and address of the licensee as well as the location of the facility, but do not include the number of animals. This information is kept mainly in paper form, though there is a list on computer of the name and address of all licensees.
Water Use Permits Planning and Management Division State Water Resources Board (405) 530-8800
Anyone using surface or groundwater for non-domestic purposes must obtain a permit. This includes AFOs, except small poultry operations (those using five acre-feet or less of water, where the owner lives on the property), which were exempted recently. The permit application includes the location of the facility and the purpose for which the water will be used. The information is maintained in a database.
Along with applications for groundwater permits, the Board sends a questionnaire which includes information relating to pollution impacts of the facility and the water use. For example, the questionnaire asks if the applicant is an AFO that does not intend to apply for a CAFO permit from the Department of Agriculture; if so, the applicant is asked a few questions relating to waste management.
Livestock Disease Reporting Animal Industry Services Department of Agriculture (405) 521-3864
There are about 13 reportable diseases in Oklahoma. The agency may or may not do an inspection following report of a disease, depending on the disease and the circumstances. For the most part, the agency’s animal disease files consist of laboratory reports that are submitted when there is a positive test on an animal, and the records are in paper form organized by disease. In general, it is hard to search for information by owner/facility, since the agency keeps its records by ear tag (though one could easily find out the disease history of a particular animal).
For two of the reportable diseases&brucellosis and tuberculosis&there is a requirement that testing be performed and all results be submitted to the agency. Records on these diseases are kept in herd jackets and information is maintained in a computer database (because of the state-federal cooperative programs that exist for these diseases). It is thus easier to obtain information relating to these diseases, though for certain types of information requests&e.g., the number of different locations for which herd files exist&the agency would look at the herd jackets themselves.
In general, the agency’s disease records will include some information about the owner (e.g., name and address), but may not say specifically where the facility is located.
Animal Importing Animal Industry Services Department of Agriculture (405) 521-3864
Oklahoma requires import permits for swine only, though a health certificate must be submitted to the agency for all animals being imported. The agency maintains records of both the origin and the destination of the animals, as well as the number of animals involved. The records are on paper and on computer.
Hatchery Licensing Program Animal Industry Services Department of Agriculture (405) 521-3864
153 All hatcheries that sell birds must obtain a license from the Department of Agriculture. There are about 25 small,"custom" hatcheries and 5 large, commercial hatcheries with these licenses. All licensed hatcheries are inspected by the agency. The agency maintains the license information in paper form, with information including the name and address of the owner and facility and the number/capacity of birds.
Livestock Dealer Licensing Legal Division Department of Agriculture (405) 521-3864
Livestock dealers must obtain a license from the Department of Agriculture. The focus of the program is on financial security&requirements for a license address bonding, but not the facilities. Thus, the program does not collect any information about the type of facility. Producers are exempted from the requirements. The program has focused on auction houses thus far (there are about 70) and is now trying to bring in brokers. License records are on computer.
Weights & Measures Program Weights and Measures Program Department of Agriculture (405) 521-3864 x261
Auction houses and ranches must register their scales with this program; either the program or a private contractor inspects the scales twice each year. The agency keeps records of the test reports by location in two separate files (one for auction houses, one for ranches). The information is currently in paper files and in an old computer system that is being updated.
Oregon
NPDES Permits for AFOs Natural Resource Division Oregon Department of Agriculture (ODA) (503) 986-4700
Oregon is a delegated NPDES state. The Department of Environmental Quality issues and enforces most NPDES permits, but ORS 468B.200%.230 gives ODA authority to issue permits to "confined animal feeding operations." Note that the state term is slightly different from the federal term, concentrated animal feeding operations. The state’s definition of confined animal feeding operation includes any facility for the "concentrated confined feeding or holding of animals or poultry ... where the surface has been prepared with concrete, rock or fibrous material to support animals in wet weather or which have waste water treatment works." The definition specifies no fixed AU levels.
The state only requires operations to get permits if they have waste water treatment facilities or if they operate for longer than four months at a time. Other facilities may seek a permit if they desire. Any animal operation that discharges to surface waters without a permit, even occasionally, is subject to penalties. New, modified, or expanded operations subject to permit requirements must submit plans and get state approval before construction. The state tries to inspect permitted facilities at least every three years.
Information on file includes the name of the permit holder and the location of the facility, including latitude and longitude. Permits specify the maximum number of animals allowed on the site, but by statute, sites are allowed to have 10% more than the permit says, up to a maximum exceedance of 25 animals. The permit information is on computer and in GIS format.
Other Pollution Programs of Interest
Agriculture Water Quality Management Program Natural Resource Division Oregon Department of Agriculture (503) 986-4700
154 Authority: ORS 568.900%.933
State law allows the ODA to develop and enforce water quality management plans in rural and agricultural areas (1) affecting water bodies subject to a TMDL, (2) affecting a declared groundwater management area, or (3) specified by state or federal law. The state plans to develop plans for 91 "subbasins" (watersheds) in the next five years. These plans will require identification of sources of pollutant loading and may include requirements for manure management.
ODA encourages farmers to adopt individual farm plans on a voluntary basis. Farmers in compliance with an approved individual plan will have a shield against enforcement of existing subbasin plans and a promise of state cooperation if a later subbasin plan demands upgrading of the individual plan.
This program will not generate a comprehensive list of AFOs. However, it will probably identify some AFOs during the planning process and others may ultimately become subjects of complaints filed for violations of the subbasin management plans.
Non-Pollution Programs of Interest
Dairy Licensing Food Safety Division Oregon Department of Agriculture (503) 986-4720
Oregon licenses fluid milk producers and dairy operators. As of April 1999, about 390 producers held licenses. The Department’s website offers a searchable computer database, with the license holders’ names and addresses. The database does not offer information on the number of animals present.
Garbage Feeding Livestock Health & Identification Division Oregon Department of Agriculture (503) 986-4680
The state requires a license to feed garbage to swine. Currently there is only one valid license. The names and addresses of license holders are available on the Department’s searchable web database.
Livestock Auction Market License Livestock Health & Identification Division Oregon Department of Agriculture (503) 986-4680
The state issues licenses to livestock auctions. As of April 1999, 16 auctions held licenses. Their names and addresses are available on the Department’s searchable web database.
Livestock Feedlot License Livestock Health & Identification Division Oregon Department of Agriculture (503) 986-4680
The state requires livestock feedlots to be licensed. As of April 1999, two cattle feedlots held licenses. The names and addresses of the license holders are available on the Department’s searchable web database.
Brands and Brand Inspection Livestock Health & Identification Division Oregon Department of Agriculture (503) 986-4681
155 The state registers brands for cattle, horses, and sheep. Brands holders must renew their brands every two years. The state has roughly 14,000 registered brands. The Division keep records both on paper and on computer, and publishes a brand book every two years with monthly updates. Information includes the name and address of the brand holder and the design of the brand. There is no indication of the type of operation or number of animals branded.
The state requires a brand inspection when horses or cattle are shipped out of state, sold at auction, or slaughtered. The state also requires brand inspection whenever cattle change ownership. State brand inspectors record the name and address of the owner or seller, the buyer’s name if a sale, and the animal’s destination. The information goes into a central computer database, which is fully searchable.
Animal Import Requirements Livestock Health & Identification Division Oregon Department of Agriculture (503) 986-4679
A health certificate (issued by a veterinarian in the exporting state) and a permit (issued by the Division) must accompany almost any kind of animal entering into the state, unless it is being shipped through, going to slaughter, or is a pet travelling in the family vehicle. The Division records the name, address, and phone number of the shipper, the receiver, and the veterinarian examining the animals. The Division keeps the records on a searchable computer database for three years.
Disease Reporting Livestock Health & Identification Division Oregon Department of Agriculture (503) 986-4680
Oregon has a long list of reportable diseases. All veterinarians in the state are supposed to make telephone reports of any diseases on the list. The Division records the veterinarian’s name, the disease, the number and kind of animals affected, and their location. In most cases the Division does not record information about other, uninfected animals at the site, unless the information is of use in preventing disease spread, as in the case of rabies.
The Division also conducts some limited disease surveillance of its own. It tests animals at slaughterhouses and tests cattle arriving from states with known brucellosis problems. Twice a year it does bulk testing of milk at dairies for brucellosis.
Records are mostly on computer, with some still only on paper. The Division organizes records by disease or groups of disease. It does not maintain herd files.
All veterinarians in the state are deputy officers of the state, with powers to impose quarantines. The Division has a list of all veterinarians and mails them a quarterly newsletter.
Water Rights Water Resources Department (503) 378-3739
The Department assigns rights to ground and surface water based on appropriation. A person claiming a right indicates the intended use of the water. The rights are recorded on a computer database and the Department could produce a list of all diversions or wells recorded as supplying water to livestock.
The Department collects the name and address of the original owner, the point of diversion, the location of use (by township, range, and quarter-quarter section), the quantity, and other information related to the right. When lands and water rights are sold, the new owners may, but do not have to, file updated information with the Department. To be sure the owner listed in the Department’s files is the current owner would require cross-checking with county tax assessor records.
156 Weights and Measures Measurement Standards Division Oregon Department of Agriculture (503) 986-4670
The state licenses and annually inspects scales used in commerce. Most livestock scales at auction yards or feedlots are licensed. The state has a computer database with the names and addresses of scale owners and information about the scales. A search of the records for "livestock" would probably yield the scales of interest, though it might miss some dual-purpose scales (e.g., small truck scales also used to weigh stock). A version of the database is available on the Department’s website. Individual scale inspectors keep paper notes that may hold more details about the facilities with scales.
Race Tracks Racing Commission (503) 731-4052
The Commission licenses tracks that allow pari-mutual betting. Nine facilities have race meet licenses. Most are fairs, shows, or round-ups that only have races a few days each year, but the facilities may host other animal-related activities. Two license holders&a horse track and a dog track&have extended racing seasons. The Commission’s web site lists the license holders’ names, addresses, telephone numbers, and racing dates.
Pennsylvania
NPDES Program Bureau of Water Management Department of Environmental Protection (DEP) (717) 783-7577
DEP was developing a draft CAFO Strategy and related regulations to be completed by early 1999. As of fall 1998, DEP was not requiring NPDES permits for CAFOs but was developing a permit program and had published a draft for comment. DEP was proposing that all CAFOs with over 1,000 AUs obtain an individual NPDES permit. All AFOs that discharge directly to surface waters under normal operating conditions would also have to have an individual permit. If approved, the application for a permit will require information about the owner and operator of the facility, the location, the total number of AUs on site, and information about the manure storage and handling facilities.
Other Pollution Programs of Interest
NPDES Stormwater Construction Permits and Erosion & Sediment Control Plans Bureau of Water Management Department of Environmental Protection (717) 783-7577
Anyone disturbing five acres of land or more is required to obtain a NPDES permit for stormwater discharge. An applicant may seek coverage under a general permit as long as the facility’s runoff is not entering a special protection water, the operator has always been in compliance with other permits, the facility does not have a potential to violate water quality standards, and there are no endangered species on the property. Otherwise, the applicant must seek an individual permit. In either case, the applicant must tell DEP the name of the owner of the land, the location of the land by latitude and longitude, and a description of the project.
One could determine, through looking at the paper permit, whether the facility being constructed is an AFO. Yet, in the computer database, the categories of project descriptions are more general. There is only one category for agriculture.
157 The 66 local conservation district offices process the permit applications and publish them in the Pennsylvania Bulletin. There is a 30-day advance notice requirement before earth disturbance can proceed. As of 1997, DEP had covered 1,487 projects under general permits and 382 under individual permits. The Bureau of Water Management maintains the central computer database of permits.
All earthmovers must develop, implement and maintain erosion control measure plans that effectively minimize accelerated erosion and sedimentation. The plans must include information about the owner and location of the land, the topographic features of the project area, the types, slope, depth, and areal extent of the soils, the proposed alteration to the area, the amount of runoff from the project area, temporary control measures and facilities that will be used during earth moving, and permanent control measures and facilities that will be used for long term protection. The conservation district offices review and approve the plans and keep copies of them.
Nutrient Management Plans Division of Conservation Districts and Nutrient Management Department of Environmental Protection (717) 787-7577
Authority: 25 PA Code ch. 83, Nutrient Management Act of 1993 (became effective Oct. 1, 1997)
All farms with two or more AUs per acre were supposed to prepare a nutrient management plan by October 1, 1998. Farms must have a certified nutrient management specialist employed by a Conservation District (of which there are about 300) or a staff member of the State Conservation Commission develop the plans. The plans must include facility identification information, a plan summary, an implementation schedule, information on nutrient allocation and use, excess manure utilization plans, plans for best management practices to protect water in animal concentration areas, stormwater runoff control plans, and information about the number of animals of each animal type at the facility. Maps of field orientation, operation boundaries, soil type and slope, and areas of manure application must also be included.
As of fall 1998, approximately 400 facilities had prepared nutrient management plans and about 300 were in the process of preparing them. The state estimates that at least 1,600 facilities ought to have plans (based on agricultural census data), and through education and outreach, the conservation district offices are trying to inform farmers of the importance of preparing plans. Each conservation district office keeps computer and paper records of nutrient management plans and submits a quarterly report to the DEP on the number of new plans that have been approved.
Clean Water Act §305(b) Program Bureau of Watershed Protection Department of Environmental Protection (717) 787-5267
Pennsylvania’s water quality program identifies sources of impairment by a cause-and-effect survey directed at possible sources of pollution in each watershed. It uses topographic maps and air photos to identify the possible sources. It maintains a computer database that contains information on all impaired stream segments. The database codes the probable sources of impairment using the system developed by EPA. There is a new code for CAFOs that has just been developed. Prior to this, there was only a code for agricultural nutrients and agricultural bacteria.
Proposed Permit for Manure Storage Facilities Division of Watershed Management Department of Environmental Protection (717) 787-8184
Authority: Clean Streams Law
158 Currently, all farms in Pennsylvania with manure storage facilities must abide by the "Manure Management for Environmental Protection" Manual, which requires the use of best management practices, contains design, construction and maintenance requirements, and sets out land application restrictions. The Division of Watershed Management is proposing to require that all CAFOs (facilities with > 1,000 AUs) obtain an individual permit for construction of manure storage facilities. The information that the proposed permit application would require includes the name of the owner and operator of the facility, the location of the facility, and the type of manure storage facility to be constructed.
Non-Pollution Programs of Interest
Inspection/Certification for Dairy Farms Division of Milk Sanitation Department of Agriculture (717) 787-4316
All handlers (dairy farm operators) that sell milk must have a permit from the Division. Handlers may own or operate more than one farm, but each handler needs only one permit. About 200 licensed inspectors visit every farm twice a year and fill out a "Dairy Farm Sanitation Report." This report states the name of the owner and operator of the farm, the location of the facility, the number of cattle at the facility, and the number of cattle being milked. The Division keeps paper records on approximately 10,500 farms.
Animal Disease Regulation Database Bureau of Animal Health and Diagnostic Services Department of Agriculture (717) 783-9550
The Department of Agriculture keeps records on herds of dairy cattle, beef cattle, swine, and poultry to monitor federally regulated diseases. The information on dairy herds is most complete because the Bureau of Animal Health has to inspect and certify these farms before they can sell dairy products. The Department has records on most of the beef herds, and records of poultry and swine are about 50% complete. The Department estimates that there are 12,000 herds of dairy and beef cattle.
The Department began to maintain records on poultry flocks just recently, when occurrences of diseases have given it cause to test flocks. It is conducting an epidemiological search beginning with farms with reported disease and farms visited by feed trucks that had previously visited farms with disease. The Department estimates that there are a total of 200,000 poultry flocks in the state, of which they have information on 100,000. They have better information on the larger flocks. This trend is true for all animal types; there is more complete information on larger herds.
The information maintained on each flock or herd includes the name of the owner and the facility that it is kept at. Usually the individual number of animals in each herd is not noted, except for dairy cattle. The records are maintained on paper at the Bureau of Animal Health.
Branding Records Bureau of Animal Health and Diagnostic Services Department of Agriculture (717) 783-9550
Each facility that brands animals must obtain a license for its brand from the Department of Agriculture. The farmer must submit an "Application for Brand Record," which includes the name of the owner and operator of the facility, the location of the facility, the number and type of animals that will be marked with the indicated brand, and a sketch of the proposed brand. To date, there are 76 facilities with recorded brands. The information is maintained as paper records at the Bureau of Animal Health. The information is published in the "Official Domestic Animal Brand Book for the Commonwealth of Pennsylvania."
159 Health Certificate Requirement for Imported Livestock Bureau of Animal Health and Diagnostic Services Department of Agriculture (717) 783-9550
All livestock being imported into the state of Pennsylvania must have a health certificate from a veterinarian in the state of origin. The Bureau keeps a paper copy of the health certificate for one year. The certificate includes the name and address of the facility to which the animal will be sent.
License for Feeding Garbage to Domestic Animals Bureau of Animal Health and Diagnostic Services Department of Agriculture (717) 783-9550
Authority: Act 1996-100, The Domestic Animal Law of 1996
All facilities that are feeding garbage to domestic animals must obtain a license from the Bureau of Animal Health. Any refuse that contains meat scraps (which includes poultry and fish) is considered garbage and must be cooked in a specified manner. A farmer is not required to get a license if the garbage is only from the farmer’s own table. The license records the name of the facility, the name of the owner and operator, the location of the facility, and the number and type of animals being fed garbage. Each farm is inspected monthly to monitor the garbage feeding process and the cleanliness of the farm. Nine facilities have a license. The records are kept on paper.
Rhode Island
NPDES Program Water Permitting Section Office of Water Resources Bureau of Environmental Protection Department of Environmental Management (401) 222-6820 x7225
Sate law requires a permit for discharging into waters of the state. The Water Permitting Section has issued only two Rhode Island Pollutant Discharge Elimination System (RIPDES) permits to farms (one sod farm and one dairy farm). Most farmers design their facilities or locate their discharges to avoid the permit requirement.
Other Pollution Programs of Interest
Agricultural Wetlands Permits Farmland Ecology Section Agriculture Division Natural Resources Bureau Department of Environmental Management (401) 222-2781
Freshwater Wetlands Program Office of Water Resources Bureau of Environmental Protection Department of Environmental Management (401) 222-6820 x7412
The state Freshwater Wetlands Act requires a permit for proposed projects or activities which may alter freshwater wetlands. Normal farming and ranching activities carried out by farmers are exempt. The definition of farmer includes a threshold of $10,000 gross income earned from farm products in each of the preceding four years. Continuing agricultural practices by a property owner other than a "farmer" are exempt if the activities are restricted to existing gardens, pastures, and fields.
160 The Office of Water Resources administers the program, except for applications for alterations by farmers, which are handled by the Division of Agriculture per §2-1-22(i) & (ii) of the Act. If the Agriculture Division determines the proposal is an insignificant alteration, it issues a permit. If the Agriculture Division decides it is a significant alteration, the applicant must submit an application to the Freshwater Wetlands Program in the Office of Water Resources. (Rules adopted pursuant to G.L.R.I. chs. 2-1-20.1, 42-17.1, & 42-35.) The number of agricultural applications going to the Water Resources Office is estimated to be six or fewer per year.
Pollution-Related Complaints Farmland Ecology Section Agriculture Division Natural Resources Bureau Department of Environmental Management (401) 222-2781
Office of Compliance and Inspection Environmental Protection Bureau Department of Environmental Management (401) 222-1360
The Right-to-Farm Act exempts farms from odor complaints. One or both of these offices investigate non-exempt complaints; the Agriculture Division usually handles cases involving actual farms. Offices keep paper files on complaints. Information included will include name, address, nature of complaint, and handwritten notes; the extent and content of the handwritten notes vary from case to case.
Composting Rules Farmland Ecology Section Agriculture Division Natural Resources Bureau Department of Environmental Management (401) 222-2781
The state licenses certain composters, including a couple of dairy farms. However, most farms are exempt if they are not using material from off the farm.
§305(b) Report, §303(d) Lists, TMDLs & Other Watershed Studies Watersheds & Standards Section Office of Water Resources Bureau of Environmental Protection Department of Environmental Management (401) 222-3961 x7239
The §303(d) lists and §305(b) report do not note the precise source of the water quality impairment. In the §305(b) report, the comments in the water body write-ups in the appendix will in some cases note agriculture as a potential source, but they do not identify specific locations. To date, only two specific farms have been identified through watershed studies or TMDL efforts.
Coastal Resource Management Program Coastal Resource Management Council (401) 222-2476
This program does not keep any information on farms per se. This office issues permits for certain activities in the coastal zone. These might include construction of a barn or parking lot. The office issues approximately 1,000 permits a year; fewer than 10 a year are farm-related. There is no code in the data to identify whether the permittee is a farm.
161 Non-Pollution Programs of Interest
State Milk Licensing Program Office of Food Protection Division of Environmental Health Department of Health (401) 222-2749
The state licenses all operations providing pasteurized milk in the state, which includes all of the state’s cow dairies plus one goat dairy. (There are other goat farms in the state that are not licensed because they deal in raw milk only.) The Department inspects licensed operations monthly. The Department’s computer database includes the name of the owner/operator, physical location, and mailing address of licensed dairies.
Rhode Island Agricultural Facts Marketing & Promotion Section Agriculture Division Natural Resources Bureau Department of Environmental Management (401) 277-2781 x4501
The Division periodically publishes a report on the farm industry in the state. The most recent edition available, 1990, is based on information collected during the latter part of 1988 through 1990. An updated version is in process now.
The report includes a complete directory of all farms of five acres or more, plus some smaller farms included because of their agricultural or economic significance. Information provided includes name, mailing address, often the telephone number, farm type, and commodities produced; this information is compiled from a farm survey form completed by producers and sent to the Division. The survey also contains information on production levels. The information is in both paper form and computerized. The number of listings of farms with animals, by farm type, are as follows: beef cattle&30; dairy&39; goats&18; hogs&17; poultry & egg&9; sheep&58; horse boarding, show and breeding facilities&34; rabbits&2; "miscellaneous" livestock (including combinations of the aforementioned animals)&6.
This report is not the product of a regulatory program. Using it as an enforcement tool to locate individual farms might affect cooperation with future surveys. However, environmental programs may still find the data taken as an aggregate to be useful.
Garbage Feeding Operations Animal Health Section Division of Agriculture Natural Resources Bureau Department of Environmental Management (401) 277-2781
The state licenses all operations that feed garbage to hogs. There are approximately 12. Information collected includes name, address, and swine units. Information is on paper.
Animal Disease Testing Animal Health Section Division of Agriculture Natural Resources Bureau Department of Environmental Management (401) 277-2781
This office conducts disease testing of (a) dairies and (b) animals moving across state lines. Information collected includes name, address, and type of animal, but not how many are present at the facility. The information is on paper.
162 Licensing of Pet Stores, Pounds, & Kennels Animal Health Section Division of Agriculture Natural Resources Bureau Department of Environmental Management (401) 277-2781
The state licenses and conducts sanitary inspections of pet stores, dog pounds, and kennels. There are about 25%27 facilities. Information collected includes name, address, facility size, but not number of animals present. Information is on paper.
Farmland Designation Program Farmland Ecology Office Agriculture Division Bureau of Natural Resources Department of Environmental Management (401) 222-2781 x4517
This office is responsible for inspecting farms and determining if they qualify for local property tax reductions. To qualify, a facility must be five acres or more and generate at least $2,500 income from agriculture annually. Approximately 300 farms (both crop and livestock) are eligible, and 65%75% of those eligible are in the program.
Information collected includes name, address, number of animals, number of acres, soils, manure management structures, and a lot map. Information is in paper form.
South Carolina
NPDES/AFO Permitting Program Industrial-Agricultural Wastewater Division Department of Health and Environmental Control (803) 898-4030
Authority: S.C. Code, Title 47, ch. 20; S.C. Admin. Code 61-43
South Carolina is authorized to issue NPDES permits. However the state considers its permitting program requirements to cover more operations than the federal requirements and therefore issues state permits rather than NPDES permits.
State law regulates AFOs that produce, process, or dispose of animal wastes. Permit requirements apply to any operation (where animals are confined or fed for 45 days in a 12-month period) that has more than 30,000 pounds of normal production live weight (e.g., 210 "finishing" hogs) at any one time. Operations with less than this weight do not need a permit but must implement a waste management plan. Animal facilities exempted from the permit requirement may be required by the Department to obtain a permit on a case-by-case basis. This state permitting program covers construction through operation (setbacks, waste management, odors, etc.), and no discharge is allowed. If an operation uses an incinerator, it must obtain an air permit unless exempted based on the type of technology used.
Although the current program is based on a 1996 law and on regulations adopted in the summer of 1998, the Department has been issuing permits for 30 years under agency guidelines (which have been incorporated into the regulations). Existing permitted facilities are "deemed permitted" and are generally not required to re-apply under the new rules unless they expand.
There are currently about 1,900 active individual permits.
163 Non-Pollution Programs of Interest
Dairy/Milk Permitting Program Division of Dairy, Foods & Soft Drink Protection Department of Health & Environmental Control (803) 935-7890
This office administers the state’s dairy inspection program. Every dairy farm in the state that is producing milk for Grade A certification must obtain a permit. Farms come into the program through their applications. There are currently about 125 dairy farms (the number is decreasing due to consolidation). The state keeps basic information about the farm (name, location, etc.) and information from inspection and sampling, but does not generally keep information on the number of animals at the farm. Information is kept on paper and on computer&the computer database is mainly for keeping compliance (inspection and sampling) data.
Livestock Disease Reporting Program State Veterinarian&Administrative Division Clemson University (803) 788-2260
When the state gets a report of a reportable livestock disease, it has a veterinarian inspect the premises. In addition, the state does some surveillance for certain animal diseases. The records of disease inspections maintained by the agency do not include the number of animals at the inspected facility, but rather only the number of animals affected by the disease. (One exception to this is for equine infectious anemia cases, which information is kept by premises and is reported to the federal government.) The information is on computer.
Animal Importing State Veterinarian&Administrative Division Clemson University (803) 788-2260
Only swine and cervidae (animals in the deer family) need a permit for importation into South Carolina, though all animals must submit a health certificate. The Division keeps these records on computer, including the number of animals being imported and the name and location of the facility to which they are going.
Livestock Dealer Licensing State Veterinarian&Administrative Division Clemson University (803) 788-2260
The State Veterinarian’s Office issues licenses for livestock dealers. Different types of licenses are issued for each type of dealer/facility&e.g., livestock markets, equine sales facilities, miscellaneous sales, dealers&so you can tell the type of facility from the license. There are about 50 licensees in all. Producers can sell their own livestock without a license unless they hold a public sale, in which case they need a permit for a consignment sale&there aren’t any such licensees at this time. The regulatory requirements are both financial and health/safety related. The agency keeps records of licenses and inspections in paper files; only general lists (mainly names and addresses) are kept in computer.
Garbage Feeding Enforcement State Veterinarian&Regulatory Division Clemson University (803) 788-2260
Garbage feeding is prohibited in South Carolina. (SC Code 47-5-10, et seq.) Therefore, there is no garbage feeding permit program. The State Veterinarian’s Office handles complaints about garbage feeding through its Regulatory Division. If the office receives a complaint, a livestock inspector or a law enforcement officer within the Division performs an inspection. If the inspection uncovers a violation,
164 the agency puts the animals under quarantine. After 30 days, the agency tests the animals for diseases and releases them if they are clean. There are currently three hog farms under quarantine. The office investigates about 15 cases each year. If the agency finds upon inspection that garbage feeding is occurring, a paper record is maintained on the case for about three years.
Poultry Sanitation Program/NPIP State Veterinarian&Livestock & Poultry Health Commission&NPIP Program Clemson University (803) 788-2260
The state requires that poultry hatcheries and hatchery supply flocks in the state participate in the NPIP program and show that the animals are "Pullorum and Typhoid Clean." Hatcheries come to the state’s attention when they apply to the NPIP office. Following application, the facility is inspected. Currently, the following facilities are in the program: one egg-laying breeder hatchery, five "meat-type" chicken hatcheries, and five bobwhite quail hatcheries. The agency keeps information about the name/location of the facility and about the health-related conditions, but does not keep information about the numbers of animals at the facility.
Livestock Brand Registration Office of the Secretary of State (803) 734-2511
This office registers livestock brands. There are roughly 50 registered brands. The only information kept by the office is the name and address of the applicant, the date of registration and the type of brand. No information is maintained regarding the type of operation or facility or the number of animals.
Weights & Measures Program Consumer Services Division Department of Agriculture (803) 737-9691
The Division carries out random inspections of livestock scales and, pursuant to USDA requirements, inspects livestock markets that fall under Packers and Shippers jurisdiction every six months. The Division keeps the inspection reports on file; these include the name and address of the business, as well as information about the scale. The records would not necessarily indicate the type of facility (e.g., auction market or a farm that is using the scale for buying and selling purposes). The agency also sends a copy of the P&S livestock market inspections to the USDA. Some of the inspection information is on a computer database.
Persons operating commercial scales must have a license under the state’s weighmaster program, however these licenses do not indicate whether the holder will be weighing livestock.
South Dakota
NPDES/Surface Water Discharge Permits Surface Water Program Division of Environmental Services Department of Environment & Natural Resources (605) 773-3351
South Dakota issues a single permit to satisfy its NPDES delegation and the Surface Water Discharge (SWD) permit requirement under state law. (There is one exception: EPA, not the state, issues NPDES permits on tribal lands.) The state has created two categories of general permits, described below, to deal with feedlots. State rules allow the Department Head to issue individual permits, but this has not occurred to date.
165 Swine General Permit. Less than three years ago, the state established a Swine General Permit under its NPDES/SWD permit system. Any new swine facility with the equivalent of more than 1,000 AUs (2,500 finishing hogs; 10,000 nursery hogs; 2,130 sows; 270,000 farrow to finish piglets) or any existing facility that expands to more than 1,000 AUs must seek coverage under the Swine General Permit. County governments may require smaller operations to seek coverage also. So far, only 51 facilities have coverage, but close to 100 facilities have applied and the number covered will increase as they complete the application process. (Note: once the application is submitted, the facility is not covered until the facility completes construction and the engineer submits a notice of completion according to design.) Information submitted includes the facility’s name, address, location, location of manure application, number of animals, nutrient management plan, and plans and specifications for the manure management system. The state is supposed to conduct an inspection during construction and operational inspections every one or two years or whenever a complaint or concern arises. Some information is computerized but the majority is on paper.
General Permits for All Other Animal Types. In February 1998 the state issued rules establishing general permit coverage for other animal types&specifically, slaughter/feeder cattle, dairy, horses, sheep, lambs, turkeys, ducks, and geese. The requirements are identical to those for swine operations, including the 1,000 AU threshold. The state obtains the same kinds of information and applies the same inspection requirements. So far, the state has granted coverage to only five facilities and has applications from fewer than 100. Some information is computerized but the majority is on paper.
Other Pollution Programs of Interest
Pollution-Related Complaints Surface Water Program Division of Environmental Services Department of Environment & Natural Resources (605) 773-3351
The Department received about 40 complaints about livestock operations last year. The law requires submittal of a signed complaint form before the Department will respond. The Department attempts to get information on the nature of the operation, location, and the nature of the complaint. Generally they try to talk to the complainer first, and then go out to look at the operation. Information sought during these site visits includes number and type of animals, the general nature of the operation, and water quality samples. State personnel then make a decision whether to require permit coverage. If the operation and the concerns are not large enough to require permit coverage, personnel might recommend that the facility contact NRCS or others to look at operational changes to minimize runoff.
Groundwater Discharge Permits Groundwater Quality Program Division of Environmental Services Department of Environment and Natural Resources (605) 773-3296
The General Surface Water Discharge Permits described above contain some groundwater requirements, but some facilities need a separate groundwater discharge permit. State law and regulations (SDCL 34A-2-103; ARSD 74:54:16:06) require a permit for any new system employing practices that could result in a discharge to a shallow aquifer (e.g., clay-lined or concrete-lined lagoons). Very few livestock operations have groundwater discharge permits&maybe half a dozen&because the permit requirement applies only to facilities situated over shallow aquifers and only to new (not existing) operations.
Initial information obtained is the same information submitted under the general permits described above, plus any pre-existing groundwater monitoring. State personnel go out and inspect during construction and when the permit is up for renewal (this varies, usually between three and five years). For existing facilities over shallow aquifers, the state may require them to put in monitoring wells and submit monitoring reports.
166 Some operations not covered under the surface water general permits do have groundwater permits. The Groundwater Quality Program began implementing its permit requirements seriously in 1987%88, and probably issued several dozen permits before the general permit rules came out.
Some information is computerized and some is on paper. The program is moving toward more computerization.
Non-Pollution Programs of Interest
Dairy Program Agricultural Services Division Agriculture Department. (605) 773-4294
Any producer who sells milk must be licensed and inspected. The program has licensed approximately 1,200 producers. All are cow operations; none involve sheep or goats. The program inspects Grade A producers at least twice a year and Grade B (manufacturing grade) producers at least once a year.
The program only collects demographic information&that is, name, address, and GPS location information&and not information on the number of cows or what the farm looks like. It keeps information on computer.
Dealer Licensing State Veterinarian’s Office Animal Industry Board (605) 773-3321
Anyone who buys livestock for other than their own use must be licensed. There are 225 licensed dealers. The information the state collects is the same as what USDA Packers & Stockyards requires, and the state regulates them only in terms of financial responsibility. Dealers must keep records on livestock purchases and sales, but this information is not routinely submitted to the state. The information collected by the Animal Industry Board is partly maintained on paper and partly computerized.
Animal Imports & Exports State Veterinarian’s Office Animal Industry Board (605) 773-3321
Persons importing or exporting animals must get a health certificate and a permit. The Board records the number of animals, where they are going, use, and breed. Over 1.6 million animals are imported a year, including over 700,000 swine, over 500,000 cattle, and more than 25 species of turtles, rabbits, lizards, hippos, falcons, and others. The information is partly on paper and partly computerized.
Intrastate Movement of Livestock State Veterinarian’s Office Animal Industry Board (605) 773-3321
A number of state laws govern the intrastate movement of livestock for disease control purposes. For example, testing is required for deer changing ownership; breeding cattle must be tested for brucellosis and be individually identified; any breeding animal that changes ownership through an auction market must be tested by a veterinarian inspector; and certain other animals require brucellosis- free certification. If the Board receives a report of an illegal movement it sends an inspector out to the farm. Information collected includes type of animal, number and sex, purpose, and name and address of new owner. The information is partly on paper and partly computerized.
167 Disease Control State Veterinarian’s Office Animal Industry Board (605) 773-3321
The state veterinarian’s office does not go out to the farm unless there is cause for concern under a specific disease program, which typically occurs on one or two farms a month. Personnel note the type of animals, but they do not take an inventory (i.e., record the number of animals) in all cases. The information is partly maintained on paper and partly computerized.
Permit for the Possession of Certain Nondomestic Mammals State Veterinarian’s Office Animal Industry Board (605) 773-3321
State law (SDCL 40-3-26) requires a permit for the possession of certain nondomestic mammals (including members of the deer family, tapirs, and rhinos). Under this law, the state’s area of concern goes beyond health to include facilities approval and identification of animals. Information obtained includes name, address, species, and number of animals. The state conducts periodic inspections.
Licensing of Auction Markets State Veterinarian’s Office Animal Industry Board (605) 773-3321
State law requires markets that auction livestock to be licensed. There are 46 licensed markets. The information on licensees is partly maintained on paper and partly computerized.
Brand Recording Brand Board (605) 773-3324
Anyone branding livestock must record the brand(s) with the state Brand Board. The Board has recorded approximately 27,500 brands. Some have only a single owner, while others have multiple owners. Information on file includes name and address of the brand owner; data may include ranch names and addresses if it is the business that holds the brand. The Board prints this information in a brand book, which is available for sale to the public and is updated every five years.
Brand Inspections & Feedlot Registration South Dakota Stockgrowers Association (605) 343-2660
The South Dakota Stockgrowers Association carries out livestock transport inspections, feedlot inspections, and feedlot registration under state laws, under contract with the state government. Cattle must be inspected for brands when they are transported outside of the state or outside a designated "brand area." (Note: certain laws apply only in western South Dakota.) These inspections typically take place at sale barns, but there are also "local inspections" which take place at an individual ranch when a small number of animals are changing ownership. Inspections also take place at feedlots when cattle come in. Feedlot registration is a voluntary option that exempts those feedlots from a second inspection when cattle go out.
Various Livestock Investigations Brand Board (605) 394-2500
The Brand Board investigates ownership disputes; suspected animal thefts; and suspected violations of the state’s livestock transportation, livestock sale, and brand laws. This is a complaint-based activity, not a routine inspection effort. As a result of their work, investigators tend to know where all the feedlots are.
168 Water Right Permits Water Rights Program Division of Environmental Services Department of Environment and Natural Resources (605) 773-3352
State law requires a water rights permit, or license, of any operation whose water use exceeds "reasonable domestic use," defined as 25,920 gallons per day and a maximum pump rate of 25 gallons a minute. Some of the larger livestock operations have been issued water rights permits; the total number is fewer than 100. Information obtained on the water rights permit application includes name, location, amount of water, water source, and a map showing points of diversion, and information on the wells. Information obtained on the application does not include the number or type of animals.
Information is submitted and maintained on paper, with certain pertinent information also entered into a computer database. "Livestock confined operation" are identified as such in one of the database fields.
Weights & Measures Program Office of Weights and Measures Department of Commerce & Regulation (605) 773-3679
This office tests all weighing and measuring devices in the state, including farm scales and large capacity scales at livestock auction barns. A fee of $100 is charged for all livestock scales.
Tennessee
NPDES/CAFO Permitting Program Water Pollution Control Division Tennessee Department of Environment & Conservation (TDEC) (615) 532-0633
Until very recently, Tennessee had no program for permitting AFOs. In July 1998 the state adopted a "Strategy for Animal Feeding Operations" and has now initiated a permitting program. The state’s definition of CAFO is similar to the federal definition. Under the state strategy, all large CAFOs (Class I facilities&1,000 AUs or more) must obtain an individual permit and must submit permit applications now. The state estimates there are 40 to 50 Class I facilities. The state is still in the process of developing its approach to Class II facilities (200%1,000 AUs). It estimates there are 1,700 to 1,800 Class II facilities. As of this time the state is planning to require a permit for only those Class II facilities that are located in a §303(d)-listed stream segment area and are determined to be a source of contamination&perhaps 100 to 200 facilities. For those operations, the state expects to issue a general permit.
Non-Pollution Programs of Interest
Dairy Licensing Program Food & Dairy Inspection Program Regulatory Services Department of Agriculture (615) 837-5150
All dairies in the state must obtain a permit to produce Grade A or Grade B milk. There are currently 1,030 Grade A dairies and 104 Grade B dairies. The agency maintains computer records of each dairy, including the name and address of the facility and the size of the herd.
169 Egg Dealer Licensing Program Regulatory Services Department of Agriculture (615) 837-5150
Anyone who buys, sells or processes eggs in the state must have a license. There are a total of 86 licensed operations; some of these are out-of-state operations that bring eggs into the state. The agency keeps records of the operations (including name, address, etc.), however those records do not include the size of the operation or number of animals.
Livestock Disease Reporting Program State Veterinarian Regulatory Services Department of Agriculture (615) 837-5150
All veterinarians in the state must report to the Department of Agriculture any disease on the state’s list of reportable diseases. The state conducts surveillance of livestock markets and slaughterhouses; outside of these facilities, the state only conducts inspections in response to a report of disease. The state maintains a computer database of inspection information which includes the identity of the facility, the number of animals kept and the number of animals affected by the disease. (The state will be participating in the NAHRS system and will be reporting some of this information monthly to the USDA.)
Animal Importing State Veterinarian Regulatory Services Department of Agriculture (615) 837-5150
Tennessee does not require a permit or license to import livestock, however it does require a health certificate for all animals coming into the state. The health certificate contains information including where the animals came from, where they are going and the number of animals involved. The state maintains this information in a database.
Livestock Brand Registration State Veterinarian Regulatory Services Department of Agriculture (615) 837-5241
The State Veterinarian’s Office records livestock brands. The information maintained by the Office includes the name and address of the applicant/owner and the brand design, but does not include the type of facility that may be involved. There are approximately 800 registered brands in the state.
Livestock Dealer Licensing Program State Veterinarian Regulatory Services Department of Agriculture (615) 837-5241
Anyone who deals in livestock in the state must obtain a dealer license. This might include producers who are also dealers, but it would be difficult for the agency to determine from its records how many licensees are producers (as opposed to packers, auction barns, etc.). The information maintained by the office includes the name and address of the applicant and whether the applicant is acting individually or for a corporation, but does not include a description of the type of facility involved. The information is kept on a computer.
170 Garbage Feeding Enforcement Section State Veterinarian Regulatory Services Department of Agriculture (615) 837-5241
Tennessee does not allow garbage feeding; hence, there is no permit program. The Enforcement Section of the State Veterinarian’s Office does handle garbage feeding complaints, which typically are made by neighbors. The frequency of complaints varies; last year there were only three or four. The Office keeps a records any time a complaint is received. The record, which is maintained in paper form, contains the owner’s name, the location of the facility and the number of animals at the facility, as well as the nature of the action taken by the agency.
Weights & Measures Program Weights and Measures Program Regulatory Services Department of Agriculture (615) 837-5109
Commercial livestock scales are inspected through the Department of Agriculture. Tennessee has a MOU with USDA P&S to inspect all livestock auction scales twice per year. Those who install scales must be licensed by the state, and must submit a "placed in service" report to the state any time they install a new commercial scale. The agency maintains paper and computer records of its livestock scale inspections. These records do not contain information about the facility using the scale, other than name and place of business.
Texas
CAFO/NPDES Permitting Program Agriculture Section Texas Natural Resources Conservation Commission (TNRCC) (512) 239-4480
EPA delegated TNRCC authority to issue NPDES CAFO permits in September, 1998. Prior to that time, the state issued AFO permits under state law. The program will not change much under delegation, since Texas regulations are generally consistent with the EPA Region VI general permit and with federal regulations. Facilities operating before July 13, 1995 may have "Subchapter B"permits; otherwise facilities need "Subchapter K" permits. Subchapter B required permits for facilities keeping at least 1,000 AUs for 90 days (with a lower threshold for dairy cattle). Subchapter K basically follows the federal definition of CAFO. In addition, the state has developed a program requiring that smaller AFOs (300%1,000 AUs) in eight targeted counties ("Dairy Outreach Program Areas" or DOPA) either apply for written authorization or register with the agency and undergo training on animal waste management.
CAFO enforcement is handled by a separate office within TNRCC&the Office of Compliance and Enforcement. That office inspects facilities through its regional branches. These are the only two offices that regulate CAFOs within TNRCC. The state’s CAFO permitting program includes regulatory requirements governing air quality.
TNRCC has issued about 800 CAFO individual permits or written authorizations. These 800 permits consist of about 300 permits for smaller operations within the DOPA program and 500 for larger CAFOs.
The TNRCC has also issued "permits by rule," which are essentially written guidelines outlining technical requirements for facilities that fall below the minimum size for CAFO permitting. These smaller facilities do not need to submit anything in writing, but are covered by the rule. In addition, the TNRCC implements an old statute requiring all dairies, regardless of size, to register with the agency. Registration consists of submitting a simple form with basic identifying information&name, address,
171 location, etc. The agency has extended this requirement to all other CAFOs; that is, all CAFOs (regardless of size) must register with the agency.
Non-Pollution Programs of Interest
Dairy Licensing Program Milk and Dairy Division Department of Health (512) 719-0260
The Department of Health licenses all dairies in the state for Grade A certification. Following application for a license, the state inspects the farm to make sure all regulatory/health requirements are satisfied. The Department keeps information on each dairy in a computer database. The records include the owner and operator names, as well as the location, but do not include any information on the number of animals (or even the maximum number) at the dairy. There are currently about 1,200 licensed dairy farms in the state.
Garbage Feeding Program Animal Health Commission (512) 719-0700
Authority: Texas Admin. Code, title 4, pt. 2, ch. 55, subch. 55.3
Texas has regulations governing the feeding of garbage to pigs. In addition to specifying the type of equipment needed and how the garbage is to be treated, the regulations require the keeper of the animals to obtain a permit. The state operates this program in cooperation with the USDA. As of the end of FY 1998 (August 31, 1998), 1,428 premises had permits. This represents a 2% decrease from the year before.
The permit application contains the name of the person/operator, the mailing address, address of the facility, source of the garbage, and the number of animals involved. Ultimately, this information is transferred onto the permit. However, the information remains in paper form.
Livestock Disease Reporting Program Animal Health Commission (512) 719-0700
Authority: Texas Agriculture Code, ch. 161-168 (ch. 161, subch. F: duty to report)
All veterinarians in the state must report within 24 hours the existence of any livestock or fowl disease listed in the Texas code. This reporting is the primary mechanism for the state to obtain information about livestock diseases at animal feeding operations. Except for slaughterhouses, livestock markets, and fairs/shows, the Commission rarely inspects individual premises unless it already has reason to suspect that a disease is present. The agency routinely inspects livestock markets.
Once the Commission performs an inspection, it creates a record. The record includes the type of disease, the type of facility (whether the premises is a market, slaughterhouse, feed lot, swine complex, etc.), and the number of animals at the facility. The number of animals sometimes reflects the number tested and sometimes reflects the number of animals at the facility, depending on how much testing was done.
The Commission has hundreds of thousands of inspection records, going back to 1985 or so. The records are in a searchable computer database.
Note: Texas has a voluntary "certified free" program, through which facilities can have their herds certified to be free of certain diseases. This certification requires annual testing. The records kept on these herds include the location of the facility and the number of animals involved.
172 Animal Importing Animal Health Commission (512) 719-0700
Texas requires an entry permit and health certificate for livestock imported into the state. Included in the information reported is the place of origin, the destination of the animals and the number and types of animals involved. The only information that the Commission maintains electronically is the number of permits issued. To provide more detailed information on the permits, the Commission would have to search its extensive paper files. Each month the Commission issues several hundred permits.
Egg Quality/Licensing Program Regulatory Division Department of Agriculture (512) 463-4187
Authority: Texas Agric. Code ch. 132; Texas Admin. Code Title 4, pt. I, ch. 15
Anyone who buys or sells eggs for retail in Texas must obtain a license from the Department of Agriculture and report monthly or quarterly on their purchases or sales. This includes producers who sell eggs, though there is some ambiguity as to whether a producer has to obtain a license if the producer is not claiming a grade for the eggs. This depends on the size of the producer, the number of eggs produced, etc. However, the law does require those who purchase the eggs (e.g., packers, but not retailers who sell directly to the public) to obtain a license and to report the number of eggs they purchased and from whom.
The license information maintained by the Department includes the name of the licensee, the location of the facility and the number of eggs sold/purchased. There are 12 classes of licenses, issued by the number of eggs involved. Class 12 is the category with the largest numbers of eggs purchased/sold&10 cases or more per month. The license information is maintained on a computer.
Weights & Measures Program Department of Agriculture (512) 463-7602
Those using livestock scales must register with & obtain a license from the Department of Agriculture, unless the farm, ranch, or other facility is using the scale only for internal purposes (e.g., to estimate weight before transporting). The frequency of inspections depends on the type of facility. Auction houses and markets require inspection every six months (per USDA rules); the agency inspects once per year and the other inspection is carried out by a private contractor. Private facilities (e.g., farms, ranches) require inspection every three years, and these are carried out by contractors as well.
The Weights & Measures Program maintains records of all of its licensees in a computer database. The records include the location of the facility, as well as codes for each type of facility (ranch, auction house, etc). There are perhaps 200%300 auction houses in the state.
Riding Stable Registration Zoonosis Control Department of Health (512) 458-7255
Riding stables must obtain a certificate of registration from the state to begin operations. (Stables are defined as facilities open to the public that keep horses for recreational hire; there is no minimum number of animals specified.) To obtain and maintain a certificate or registration, stables must abide by state regulations governing humane treatment, health and disease control, sanitation, etc.
There are currently somewhere between 200%300 registered stables. The registration information includes the owner’s name, the name and location of the facility, and the number of animals. Most of the information is maintained in paper form, but the agency does keep a computerized list of the facilities and where they are located.
173 Utah
NPDES Program & Wastewater Lagoon Construction Permits Permits, Compliance & Monitoring Branch Division of Water Quality Environmental Quality Department (801) 538-6816
Authority: Admin. Rules on Water Quality R317-8-3.5 (CAFOs) & R317-3 (wastewater systems)
Utah has delegated authority to issue and enforce NPDES permits for CAFOs, and CAFOs are considered point sources subject to the Utah Pollutant Discharge Elimination System (UPDES) permit program. Potential CAFO facilities in Utah include poultry operations, swine farms, beef cattle lots, and dairies. However, Utah does not actually issue permits for CAFOs. The state definition of CAFO has a special exclusion for facilities that only discharge during 25-year, 24-hour storm events. In other words, facilities do not need a permit if they are already in compliance with the discharge limits that a UPDES permit would require.
The Division of Water Quality keeps an eye on some of the large feedlots with the help of the local health department. It also fields complaints of discharges from CAFOs. Complaints are initially handled locally. The state takes enforcement actions when necessary.
Utah requires animal operations to obtain a permit if they use anaerobic lagoons to control wastes. The Division issues construction permits for building wastewater lagoon facilities.
Other Pollution Programs of Interest
Nonpoint Pollution Nonpoint Source Program Division of Water Quality Department of Environmental Quality (801) 538-6065
Utah recently convened a committee to develop a state strategy to address CAFOs. One of the goals is to generate an inventory of operations within the next year. To generate an inventory of operations, they will likely start with high priority watersheds. They will identify operations in the watershed, then determine which are CAFOs. In addition, they will find out what databases of AFOs already exist through industry. They are also considering a statewide survey to find operations.
Non-Pollution Programs of Interest
Inspection/Certification for Dairy Farms Dairy Compliance Program Regulatory Services Division Department of Agriculture & Food (801) 538-7145
The Dairy Division permits and inspects all dairies in the state. The Division inspects plants quarterly and farms semiannually. The Division only keeps track of the facility contact and mailing address; it does not monitor the number of animals at the operations. The list on computer. There are about 390 Grade A milk producers and 95 manufacturing grade milk producers.
Animal Importing Animal Health Program Animal Industry Division Department of Agriculture & Food (801) 538-7162
174 Persons bringing animals into the state must have a certificate of veterinary inspection and an import permit. There are also varying health requirements, depending upon the type of animal and previous owner. The following information is on the import permit: the names and addresses of the inspecting veterinarian, seller, and buyer, and the age, breed, and sex of the animal. The records are kept on file, on paper, for about three to five years.
Disease Reporting Animal Health Program Animal Industry Division Department of Agriculture & Food (801) 538-7162
Veterinary diagnostic laboratories, veterinary practitioners, livestock inspectors, and livestock owners must immediately report to the Department of Agriculture and Food any of the diseases on the Utah Department of Agriculture and Food Reportable Disease List. Monthly reports are filed strictly listing numbers of animals, not individual facility information.
Garbage Feeding Program Animal Health Program Animal Industry Division Department of Agriculture & Food (801) 538-7162
Facilities must obtain a license before feeding garbage to swine. These facilities, of which there are approximately six in the state, are inspected at least once per year by a field veterinarian. Information about the facilities is in paper records.
Brand Inspection Requirements Animal Identification Program Animal Industry Division Department of Agriculture & Food (801) 538-7166
The state has registered approximately 20,000 brands. Records are in a computer database. Brand registrations are good for up to five years and all expire at the same time. All brands will have to be renewed in the year 2000.
Utah is a brand inspection state. All cattle that forage on open range must be branded with a Utah-recorded brand. The state recommends that all cattle be branded with a recorded brand to assist in the return of stray cattle and to prevent theft. The state recommends but does not require owners to brand their horses. State brand inspectors verify cattle and horse ownership when the animals change ownership, go to slaughter, or leave the state.
Vermont
NPDES Program Wastewater Management Division Department of Environmental Conservation Agency of Natural Resources (802) 241-3769
The state has issued no NPDES permits for livestock operations. The relationship between the state’s Large Farm Operations (LFO) permit program (discussed below) and the NPDES-CAFO program is under discussion. Since the state’s LFO program has a threshold (950 AUs) lower than the federal threshold, the state expects to regulate CAFOs through the LFO permits administered by the Department of Agriculture. The NPDES program will retain authority in those cases where a discharge is discovered through a complaint or LFO inspection.
175 Other Pollution Programs of Interest
Large Farm Operation Permit Program Division of Plant Industry, Laboratories & Consumer Assurance Department of Agriculture, Food & Markets (802) 828-2431
The Vermont Agriculture Nonpoint Source Pollution Reduction Program Law (Title 6, ch. 215), has permit requirements for large farm operations (LFOs) (§4851). Section 4851(a) requires a permit for construction of a new barn or expansion of an existing barn designed to house more than 950 AUs; §4851(b) requires operators of existing farms which exceed 950 AUs to apply for a permit. According to the statute (§4851(d)), the permit application shall include a description of the barn or expansion, a nutrient management plan, and a description of the manure management system.
Under the new/expansion provision, two permit applications have been denied and three are in progress. Information obtained includes name, address, physical location, site plan, capacity, type, and how many animals planned.
The Department has not yet begun permitting existing farms with over 950 AUs, but they have begun putting this in place and expect that they will be permitting all of them within the next two years. The Department estimates that there are 20%30 such farms.
Accepted Agricultural Practices Plant Industry Section Division of Plant Industry, Laboratories & Consumer Assurance Department of Agriculture, Food & Markets (802) 828-2431
The Vermont Agriculture Nonpoint Source Pollution Reduction Program Law (Title 6, ch. 215), requires all farmers to follow "accepted agricultural practices," which are spelled out in state rules which went into effect on June 19, 1995. The program is complaint driven. Over 70 complaints were received last year; the Department expects the number to grow. The Department sends an inspector to investigate all complaints. It keeps records on both paper and computer. Information gathered includes name, address, and usually physical location. Information on the type and number of animals usually is not collected.
Best Management Practices Plant Industry Section Division of Plant Industry, Laboratories & Consumer Assurance Department of Agriculture, Food & Markets (802) 828-2431
The Vermont Agriculture Nonpoint Source Pollution Reduction Program Law (Title 6, ch. 215) also sets up a Best Management Practices (BMPs) process. This is actually a funding program that, to date, has been driven entirely by voluntary participation. In theory, it can be complaint-driven and the state can require BMPs in individual water basins to achieve water quality goals, but only if "sufficient financial assistance is available to assist farmers." This has not happened yet.
Wetlands Conditional Use Determinations Water Quality Division Department of Environmental Conservation Agency of Natural Resources (802) 241-3770
Anyone proposing to conduct an activity in a class II wetland or 50-foot buffer area is required to obtain a Wetlands Conditional Use Determination from the Agency. Existing agricultural use for pasture or crops is exempt, so a very small percentage of actual cases are agricultural. Information submitted by applicants includes name, address, type of animal, and a site plan. The Agency does not request information on the number of animals.
176 Non-Pollution Programs of Interest
Dairy Inspections Dairy Section Animal and Dairy Industry Division Department of Agriculture, Food & Markets (802) 828-2433
This regulatory unit inspects every dairy farm (cow, sheep, and goat) selling milk commercially at least twice a year. There are 1770 such farms. Farms producing milk for own-use-only and farms selling less than 25 gallons a day of unprocessed milk are exempt; it is estimated that there are only 1%2 cow farms and 20%25 goat farms that are exempt.
The master file database includes name, address, and physical location, but not type of animal, number of animals, or facilities. Through a different program, the Department has in paper form information on the capacity of calibrated bulk milk tanks.
Livestock Dealer Licensing Animal Health Section Animal & Dairy Industry Division Department of Agriculture, Food & Markets (802) 828-2421
Livestock dealers are licensed. There are only three or four dealers, and the state may ultimately drop this program.
Weights & Measures Agricultural Laboratories Division of Plant Industry, Laboratories and Consumer Assurance Department of Agriculture, Food & Markets (802) 244-4511
The state tests scales at places where livestock are kept, but infrequently. There are six inspectors, each of whom may inspect one to six livestock locations a year. These include some routine inspections, some requested upon purchase of a new scale, and some requested by registered service agencies. Information collected includes name and address; the only information discernible about the types of animal at the facility is what the size of the scale might imply.
Import Permits Animal Health Section Animal & Dairy Industry Division Department of Agriculture, Food & Markets (802) 828-2421
Anyone importing into the state any domestic animal except dogs, cats, horses, or animal for immediate slaughter must obtain an import permit (Vermont Rule #96-52, §II). Permit records note the destination. Information is on paper forms; the agency has only recently begun tracking these by computer. The available data is not yet uniform, because the agency is using up old forms and introducing new ones.
Certified Farm Animal Health Section Animal & Dairy Industry Division Department of Agriculture, Food & Markets (802) 828-2421
Authority: Vermont Rule #96-52: "Rules Governing the Importation of Domestic Animals Including Livestock and Poultry"
177 A facility receiving imported feeder cattle, lambs, or swine can become certified to be exempt from specific tests required for importation of animals (Vermont Rule #96-52, §II.H). Certification is requested voluntarily and renewed annually. Only two or three facilities have become certified. The agency keeps general information about the certified facilities.
Disease Testing Animal Health Section Animal & Dairy Industry Division Department of Agriculture, Food & Markets (802) 828-2421
Vermont requires testing of imported swine, equine, sheep and lambs, goats, camelids, cervidae (deer species), poultry, and some cattle/bison and goats. Animals shipped for immediate slaughter are exempt. Any accredited veterinarian may complete the Certificate of Veterinary Inspection and submit it to the Department. Certificates should identify the animal’s destination; however, information retrieval would be time-consuming because the records are in paper format and filed in no particular order.
All slaughtered adult cattle and swine are tested at the point of slaughter; the slaughterhouse maintains sufficient information to identify the farm of origin.
Vermont requires testing of horses coming into the state or sold within the state. Veterinarians have submitted reports on paper in various formats. As of this year the state has instituted a new, uniform form. Information collected on the new form includes name, address, type of horse, and whether the horse is stabled at a different place than the owner’s location. Tuberculosis testing is only required when there is a disease incident. When done, this testing is done on the farm and the name, address, and type of animal tested is recorded.
The state has begun to enter some disease testing information on computer.
Captive Deer Herds Animal Health Section Animal & Dairy Industry Division Department of Agriculture, Food & Markets (802) 828-2421
Captive herds of cervidae&elk, red deer, reindeer, fallow deer, and white tail deer&will all be tested for the second time within the next year. Information on these animals is among the most comprehensive and accurate in the Animal Health Section. Information is computerized and includes name, address, type of animal, and number of animals tested; no information is collected on facilities.
Poultry Animal Health Section Animal & Dairy Industry Division Department of Agriculture, Food & Markets (802) 828-2421
Vermont has one flock in the National Poultry Improvement Program, one flock that the Department tests for disease because they sell to the live-bird market, and probably three or four major egg producers that are not tested. Beyond that, there are probably several hundred unidentified locations with a few birds (typically about a half dozen).
Complaints Animal Health Section Animal & Dairy Industry Division Department of Agriculture, Food & Markets (802) 828-2421
This Section receives some nuisance complaints but many more animal welfare complaints. Animal welfare complaints may be referred to any one of a variety of state or local officials (e.g., game
178 warden, local health officer, local or state police officer) designated as "humane officers." The Animal Health Section responds to all complaints, but may or may not investigate. The Section is beginning to keep records on complaints, but has not until recently.
Virginia
NPDES Program Division of Water Virginia Department of Environmental Quality (VDEQ) (804) 698-4075
Virginia has the authority to implement and enforce Virginia Pollutant Discharge Elimination System (VPDES) permits. It has not issued VPDES permits to CAFOs because they are supposed to have zero discharge. Through the restrictions of a Virginia Pollutant Abatement Permit, CAFOs must develop waste treatment facilities that operate with no discharge (see below).
Other Pollution Programs of Interest
Virginia Pollutant Abatement (VPA) Permit Division of Water Virginia Department of Environmental Quality (804) 698-4075
Authority: Va Code title 62.1 ch. 3.1 (State Water Control Law)
Virginia issues VPA permits to address point and nonpoint source pollution, including that from animal operations and manure application. Except for poultry growers, any AFO that holds 300 or more AUs and that uses a liquid waste system needs a permit. (Va. Code §62.1-44.17:1.) A bill approved in January 1999 will require all poultry growers with 200 or more AUs of poultry to secure coverage under a general permit system for poultry waste management. (HB 1207, codified at Va. Code §62.1-44.17:1.1.)
(Note: In Virginia, the term "confined animal feeding operation" has a definition similar to the federal term "AFO." See Va. Code §62.1-44.17:1. The Virginia term "concentrated confined animal feeding operation" is similar to the federal "CAFO." See 9 VAC 25-32-10.)
Currently the state has approximately 150 permitted AFOs. About 80 have registered under a general permit issued in November 1994 and modified in December 1998. The rest are covered under individual permits issued before the general permit. Permits have a term of 10 years. The VDEQ believes that there may be another 100%200 more facilities that need coverage under the 1994 general permit. Statutory provisions give these farms until July 2000 to register.
Permits prohibit discharges to surface waters. Permit holders must also follow a nutrient management plan for manure disposal, monitor groundwater, use specified waste storage and disposal methods, follow BMPs, and monitor sludges. The farm’s nutrient management plan must have the approval of the Department of Conservation and Recreation (see below). VDEQ inspects farms covered under the general permit annually and those covered under individual permits less frequently.
The information required on the application for a VPA permit includes the name of the owner, the location of the farm, and the number of each type of animal, as well as a copy of the nutrient management plan. The Division keeps these records on paper and on computer.
Nutrient Management Plans (NMPs) Division of Soil & Water Conservation Department of Conservation and Recreation (DCR) (804) 786-2064
179 All farms must obtain Division of Soil & Water Conservation approval of their NMPs prior to applying for a VPA permit. (Other farms may adopt NMPs voluntarily. In total, about 2,000 farms have NMPs.) Farm owners or employees who have been through a training certification program usually write the first draft. The Division then works with the farm to get the NMP approved. Although VPA permits are valid for 10 years, farms must update their NMPs every three years. The state can enforce NMPs at farms with VPA permits, and VDEQ inspects those farms for compliance.
The basic NMP requirements are the same whether the farm is regulated under the general or an individual VPA permit. The NMPs strive to assure that farms prevent excess nutrients from animal waste from entering state waters. The plans establish a nutrient budget for each feeding operation and the farms to which it distributes its waste.
Beyond the basic requirements, the Division has leeway to require each NMP to address farm- specific issues. It can require more frequent monitoring or monitoring of nutrients not specified in the guidelines. It can even require farmers to decrease the number of animals on the property so that there is enough acreage to accommodate nutrient application.
The Division keeps paper copies of the NMPs and also sends a copy to the VDEQ. The Division enters basic information from the plans into in a computer database, including the name of the owner and operator and the location of the farm.
CAFO Database Division of Soil & Water Conservation Department of Conservation and Recreation (804) 371-7485
The Division is working to establish a GIS database for regulated AFOs and any facilities with less than 300 AUs that are potential nonpoint-source polluters. It is using aerial photographs from 1998 to identify all animal confinement operations. These facilities are primarily poultry houses and dairy operations, but there are also some beef and hog facilities. Once all of the operations are identified, the Division will consult with its field staff to determine the number of animals at each facility. This may entail talking to the farmers or NRCS staff that know the operations well. Besides identifying the location of each facility and the number of animals housed there, the database will also include information regarding the type of waste storage structure the facility has as well as whether it has a nutrient management plan. The main purpose of obtaining this information is to work with farmers on a voluntary basis to help them establish comprehensive nutrient management plans. However, other state agencies will have access to the information, and the Division is creating the database knowing it could help the TMDL, §305(b), and §319 programs identify sources of nonpoint pollution.
Non-Pollution Programs of Interest
Permitting & Inspection of Dairy Farms Office of Dairy Services Department of Agriculture & Consumer Services (804) 786-1452
Grade A dairy farms and milk processors must obtain an individual, site-specific permit from the Office of Dairy Services. Before issuing the permit, the office inspects the site and collects information on the name of the facility, name of the owner and operator, address of the facility, who the facility sells their milk to if they are a producer, and where the facility markets their milk if they are a processor. If the facility does not use the public water supply, they must have their water tested. The regulations require a minimum of four inspections per year and four milk quality samples in any six-month period.
Up until February 1999, inspectors recorded their estimates of the number of animals at each facility. The dairy industry was concerned about research firms and regulatory agencies using this inexact data. Because the estimates were not necessary for the office to do its job, it agreed to stop collecting them.
180 The office estimates that there are about 1,100 Grade A dairy farms and about 40 producers. It keeps program information on a computer database.
Import Requirements Division of the State Veterinarian Agriculture and Consumer Services Department (804) 786-2483
Authority: Va. Code §115-02-12
Like all U.S. states, Virginia requires a health certificate from the state of origin for imported animals. The Division keeps the health certificates in paper format at one of its three regional offices. The certificate contains a section to be filled out about the consignee, which provides the name of the owner and the animal’s initial destination. This is not necessarily the animal’s ultimate destination; it could be a holding pen of a livestock dealer who will sell the animal.
Registration for Livestock Dealers Division of the State Veterinarian Agriculture and Consumer Services Department (804) 786-2483
All individuals buying and selling livestock (including cattle, poultry and swine) must register with the Division. On the application they have to state their name and address and the type of livestock they are dealing in. The Division keeps applications as paper records. The dealers must keep records of all of their transactions for the past three years and make these records available to inspection agents. The main purpose of this record keeping is to facilitate the tracking of diseases among the animals being bought and sold.
Dead Bird Disposal Plan Division of the State Veterinarian Agriculture and Consumer Services Department (804) 786-2483
Anyone who keeps or raises flocks of poultry of any size is supposed to establish and send to the Division a plan of disposal for a dead flock in the case of a serious disease outbreak. Each plan contains information on the name of the owner and operator, the location of the farm, the name of the company that the farmer contracts with, and the method of disposal that the farmer will use in the case of the death of the flock. Some of the local Soil and Water Conservation Offices also require the plan to be sent to them. The Division keeps paper copies of the plans.
Washington
NPDES Program/State Water Control Act/Dairy Nutrient Management Act Water Quality Program Department of Ecology (DOE) (360) 407-6413
The DOE issues both NPDES permits and wastewater discharge permits under the State Water Control Act. The state act applies to discharges to ground or surface waters. The state definition of CAFO is basically the same as the federal definition.
A general permit covers approximately 70 dairies (as of April 1999). Dairies must apply for coverage under the permit and must have an animal waste management plan. About eight cattle feedlots have individual permits.
The Dairy Nutrient Management Act of 1998 requires the state’s Grade A dairies to register with DOE and submit to inspections. The state had inspected about 300 of the dairies by April 1999. The inspections have caused about 10 to 20 dairies to seek coverage under the dairy general permit. The Act
181 requires all dairies to develop nutrient management plans following State Conservation Commission guidelines. The dairies must implement the plans by the end of 2003.
An Agricultural Memorandum of Agreement, signed in 1998 by DOE and many of the state’s conservation districts and aimed primarily at nonpoint problems, sets up a process for responding to water quality complaints and taking enforcement actions.
Other Pollution Programs of Interest
Environmental Complaints Spill Prevention & Response Program Department of Ecology (360) 407-6905
The Department logs most complaints it receives into its Environmental Response Tracking System (ERTS). The Spill Prevention & Response Program is responsible for maintaining the system, responding to emergencies, and forwarding other complaints to the appropriate program in DOE.
ERTS is a computer system, but the current software offers limited searching abilities. Some fields are searchable by keywords. ERTS might be able to produce a broad data set of farm-related complaints that manual searching could further refine.
Spill Response/Natural Resource Damage Assessment Spill Prevention & Response Program Department of Ecology (360) 407-6905
Fish & Wildlife Department (360) 664-2554
The Spill Prevention & Response Program primarily responds to oil and hazmat spills. It has not responded to a manure spill in a while, though it did respond to a large one about eight years ago. After emergency response, it routinely refers cases to the appropriate program in DOE.
The program used to perform natural resource damage assessments after spills or fish kills. Now the Fish & Wildlife Department does that, but only at the request of DOE. Fish & Wildlife has no independent records of natural resource assessments or consultations on spill response.
Non-Pollution Programs of Interest
Dairy Inspection Food Safety Food Safety and Animal Health Division Department of Agriculture (360) 902-1875
The state licenses 763 Grade A dairies and inspects them every three months. The program has records of the name, mailing address, and site address of each dairy, but no information on herd sizes, facility capacity, or milk production. Whenever the program licenses a new dairy or whenever a dairy goes out of business, the program sends a notice to the Dairy Nutrient Management Program at the Department of Ecology.
Certified Feedlots Consumer & Producer Protection Division Department of Agriculture (360) 902-1850
182 Authority: RCW 16-58
Certified feedlots take on extra responsibility for verifying the ownership of the cattle they handle in return for reduced need for brand inspection when the animals go to another lot or to slaughter. The state has certified six feedlots. The certification application requires the feedlot owner to give the lot’s location and mailing address, a description of the facilities at the feedlot, and an estimate of the number of animals the lot will house. The feedlot must report on the number of animals it handles and pay the state a fee for each head. It must also keep records on its acquisition and disposition of animals. Owners must renew their certification annually.
Restricted Feedlots Animal Health Food Safety and Animal Health Division Department of Agriculture (360) 902-1878
Feedlots that wish to accept unvaccinated animals for slaughter only must register with the Division annually as restricted feedlots. These lots must keep the unvaccinated animals separate from other animals. There are 31 registered restricted feedlots. The Division has a list of their names and location. It does not keep information on facility size.
Public Livestock Market Licenses Consumer & Producer Protection Division Department of Agriculture (360) 902-1850
Authority: RCW 16-65
Operators of livestock markets must have a license. The requirement is both for the financial protection of animal producers and for protection of public health. To get a license, the operator must submit a legal description of the market property, a set of blueprints and physical plans of the facility, a schedule of weekly or monthly sale days, and an estimate of the quantity of livestock the market will handle. Also, the applicant must get local health officials to approve the market’s sewage system and must have enough water at the market to keep the facility clean. Licenses require annual renewal. The state has licensed about 15 markets; at least one may be closing soon. Records are on paper.
A separate license requirement covers open consignment horse sales.
Livestock Dealer Licenses Commission Merchants Program Consumer & Producer Protection Division Department of Agriculture (360) 902-1850
The Commission Merchants Act, RCW title 20, requires commission merchants, dealers, brokers, and cash buyers who deal in livestock, hay, grain, or straw to get annual licenses from the Department. As of May 1999, the program had 93 livestock licensees. The law requires licensees to keep records of transactions, including names and addresses of consignors and buyers, but the program does not ordinarily copy or compile these records. The program does maintain a computer database with the licensees’ names, business addresses, and phone numbers, but no data on number of animals traded.
Brands & Brand Inspection Livestock Identification Program Consumer & Producer Protection Division Department of Agriculture (360) 902-1850
Authority: RCW 16-57
183 The state has registered about 8,000 livestock brands. It is illegal to use an unregistered brand. The brand records, which include the name and address of the brand owner but not the number of animals branded, are on computer. The state publishes a brand book with all the brands every two years and issues monthly supplements. Brand owners must renew their registration every two years.
Washington is a brand inspection state. State inspectors verify ownership of cattle and horses at public livestock markets, slaughter plants, and certified feedlots, and before they are shipped out of state. They fill out a multi-part form with information on the buyer, the seller, and the number and description of the animals. The program enters basic information from the forms into a computer database.
Animal Imports Animal Health Food Safety and Animal Health Division Department of Agriculture (360) 902-1878
The state requires health certificates for animals entering the state. The requirement applies to all animals except pets travelling with the owner and staying in the state less than 96 hours. The certificates for livestock include information on origin and destination of the animals. The program keeps copies of the certificates for three years. Records are on paper, filed chronologically by state of origin.
Disease Reporting Animal Health Food Safety and Animal Health Division Department of Agriculture (360) 902-1878
State law requires veterinary clinics to report in writing every month on whether they have diagnosed any listed diseases. Clinics and veterinarians also voluntarily phone in disease reports. State laboratories also pass along notice of positive test results. The Division only does its own disease testing if an outbreak is suspected, which is rare.
In general the records are not organized in a way that would allow easy identification of farms, ranches, or herds. The exception is if there is a suspected outbreak of brucellosis. In that case, the Division opens a herd file.
Garbage Feeding Animal Health Food Safety and Animal Health Division Department of Agriculture (360) 902-1878
Currently, no facility in the state holds a license to feed garbage to swine. Over the last 16 years, only four facilities have held licenses.
Organic Food Program Food Safety and Animal Health Division Department of Agriculture (360) 902-1885
Washington farmers may not claim to be "certified organic" without approval of the state’s organic food program. Approximately 30 farms with livestock are certified or have applied for certification.
The certification application asks for the name and mailing address of the farm, driving directions to the farm, the farm’s size and gross sales, and the crops grown. If the farm raises animals, the application asks their type (e.g., cattle, chickens) and use (e.g., dairy, eggs). Livestock owners must also submit a livestock management plan that indicates numbers of animals. The program periodically inspects farms to verify that they are operating in line with their plans and state organic standards.
184 The Organic Food Program keeps a computer database with much of the information from the applications, including whether the farm keeps animals. The numbers of animals are not included in the database but can be found in the paper copies of the management plans.
Weights & Measures Inspection Consumer & Producer Protection Division Department of Agriculture (360) 902-1857
The state registers and inspects scales used in commerce, including those used in livestock sales. The state maintains a computer list of registered scales. Records include the name and address of the scale owner, the location of the scale, and its size or class. The state does not consider livestock scales a separate class, and no searchable information in the database would clearly identify scales at livestock operations. A manual search of companies with medium and large capacity scales might identify some animal operations, based on company name.
Water Rights Water Resources Program Department of Ecology (360) 407-6120
Diversion of surface or groundwater requires a water right. For each diversion, the state’s water rights computer database includes the volume of the diversion, its original date, the property on which the water is to be used (identified by township, range, section, and quarter-quarter section) and the use of the water, by category. Some water rights records date back to 1917. The set of categories used in the records has changed over the years, but when owners update records to reflect changes in ownership or use, the state updates the category assignment. A search under the current "stock watering" category would probably turn up most rights used for keeping livestock.
Paper records include more details on use, including the type and number of animals to be watered.
Note: Diverting water from a stream will probably require physical construction in the stream. Such construction requires a hydraulic project approval from the Department of Fish and Wildlife. A Fish & Wildlife official expressed doubt that the Department could readily identify projects associated with livestock from its records.
West Virginia
NPDES & State Discharge Permits Permits Office of Water Resources Division of Environmental Protection Environment Bureau (304) 558-0375
West Virginia has delegation for the NPDES program. Also, state law provides for state discharge permits. In most cases, the state issues only one permit that satisfies both the federal and state requirements. In rare circumstances it could issue a state permit to a discharge that does not require a federal permit. There is a section in the state regulations on CAFOs which directly mirrors the federal regulations (47 CSR 10-13.1 & Appendix B). The state believes that it has no CAFOs, and therefore it has not issued any NPDES permits to livestock operations.
185 Other Pollution Programs of Interest
Agriculture Nonpoint Source Management Program Office of Environmental Enforcement Division of Environmental Protection (304) 558-2497
In December 1997, the state Division of Environmental Protection, the state Soil Conservation Agency, the state Department of Agriculture, EPA Region III, and the federal NRCS signed a paper endorsing a multifaceted program to address water pollution from agricultural sources. As part of that program, the state plans an inventory of AFOs and CAFOs. It is beginning the inventory in the Potomac watershed. The inventory will combine field surveys, environmental permit records, and information from the soil and agriculture agencies. The field surveys are counting animals and recording positioning data that will allow the state to store the inventory in a GIS.
Pollution Complaints Office of Environmental Enforcement Division of Environmental Protection (304) 558-3948
This office receives 1,200%1,500 water-related complaints a year, of which 10 or fewer involve livestock operations. When the office receives a first complaint, it forwards it to the local conservation district or the state Department of Agriculture. Those agencies seek a voluntary solution to the problem. They report back to the Environmental Enforcement Office within a certain timeframe. If the problem isn’t resolved, then DEP follows up. The office keeps a record of all complaints but does not itself investigate all of them. Information obtained for complaints that are investigated varies depending on the nature of the complaint but will include notes on the complaint and documentation of the site visit. Information is on paper.
Non-Pollution Programs of Interest
Licensing & Inspection of Grade A Dairies Public Health Sanitation Program Environmental Health Service Office Bureau for Public Health Health & Human Resources Department (304) 558-2981
All Grade A dairy farms require state licenses. (A few farms in West Virginia that ship to plants in Pennsylvania are licensed and inspected by Pennsylvania rather than West Virginia.) Licenses do not require annual renewal; they are good until suspended or revoked or the operation goes out of business. All licensed farms are inspected quarterly.
West Virginia currently licenses 165 Grade A dairies. Information obtained includes name, address, waste handling system specifications, and the nutrient management program if they have one. The program does not obtain information on the number of animals, but it does record the weight of milk produced (so the number of producing animals could be estimated). Inspections include the waste management and handling. Information is on computer and hard copy.
Licensing & Inspection of Manufacturing Grade Dairies Regulatory Protection Division Department of Agriculture (304) 558-2226
All non%Grade A dairies producing milk for use in manufactured dairy products require state licenses. Presently, there is only one licensed manufacturing grade dairy, which happens to be a goat dairy. Information collected includes name, address, and directions to the location, but not number of animals. Inspections examine the sanitation of equipment and procedures but do not focus on environmental management. Information is on paper.
186 Interstate Movement of Animals Animal Health Division Department of Agriculture (304) 558-2214
The state requires a health certificate of any animal coming into the state, unless going straight to slaughter. Private veterinarians make out the certification and send it to the Department. Information obtained includes where the animal came from, where the animal is going, the kind of animal, the test results, and the test date. The Division keeps its information on paper.
Deer/Elk Permits Animal Health Division Department of Agriculture (304) 558-2214
The state require permits to keep cervidae (deer and elk). The state has stringent rules on these animals. Information obtained is limited and does not include the number of acres or the number of animals.
Swine Permits & Testing Animal Health Division Department of Agriculture (304) 558-2214
Swine must have a permit if they have not been tested within 30 days. The state issues only about 15%20 such permits a year. Testing is also reported in conjunction with state/federal certification programs&"Qualified Pseudorabies Negative Herds" (9 CFR 85.1, referenced in the state regulations) or "Pseudorabies Monitored Herds" (61-1-12.3 in the state rules). Information is on paper.
Testing at Markets Animal Health Division Department of Agriculture (304) 558-2214
The Department tests 30,000 animals a year at livestock markets, including all cattle over the age of 18 months. Information obtained includes the buyer’s name, buyer’s address, and destination of the animals. Information is on paper.
Cattle Field Testing Animal Health Division Department of Agriculture (304) 558-2214
In addition to testing at the market, there is field testing for disease and for state/federal certification. For a Certified Brucellosis Free Herd (Title 61-1-10) the state commissioner and USDA renew certificates annually. The total number of tests is in the range of 30,000%40,000 a year. Information obtained includes a description of the animal, the name and address of the owner, and the place where the animal was located when tested. Information is on paper.
Official Vaccinates Animal Health Division Department of Agriculture (304) 558-2214
Official vaccinates are calves that have been vaccinated for brucellosis between the ages of 120 and 240 days. (See state regulations, Title 61, §61-1-9.) This program is voluntary, but it may be a condition of doing business in some instances. Accredited veterinarians submit Calfhood Vaccination Reports that include the name and address of the owner and the county where the animal was located when vaccinated.
187 Poultry Testing Animal Health Division Department of Agriculture (304) 558-2214
The state requires disease testing of poultry if they are going out of state or out of the country. Some facilities participate in voluntary testing for monitoring purposes or as a condition for participation in NPIP. Either state employees or independent certified testers conduct the tests. The number of tests reported is large&14,000%15,000 a month. Information is kept on paper.
Testing of Horses Animal Health Division Department of Agriculture (304) 558-2214
The state requires disease testing if horses are going to be exhibited. It gets reports on 6,000%9,000 tests a year. Information obtained is minimal and is kept on paper.
Disease Reporting Animal Health Division Department of Agriculture (304) 558-2214
Veterinarians must report listed diseases. The Division does not strictly enforce the requirement. Information is maintained on paper.
Livestock Dealer Licensing Marketing and Development Division Department of Agriculture (304) 558-2270
The state requires any person who buys and keeps livestock for less than 60 days before reselling to be licensed. There are 124 licensed dealers. Licenses require annual renewal. Information obtained includes name, address, and employer, but not information on kinds or number of animals. Information is maintained both on paper and on computer.
Egg Inspection Regulatory Protection Division Department of Agriculture (304) 558-2208
State law requires inspections for anyone that sells more than 150 dozen eggs or more a week. Currently, there is only one farm in this category.
Wisconsin
NPDES Program Animal Waste Management Permitting Process for Large Facilities Runoff Management Section Bureau of Watershed Management Division of Water Department of Natural Resources (DNR) (608) 266-9993
Agriculture Resource Management Division Department of Agriculture, Trade & Consumer Protection (DATCP) (608) 224-4629
188 Authority: Wisc. Ad. Code ch. NR 243
Wisconsin is a delegated state in the NPDES program. Owners or operators of "large animal feeding operations" must apply for coverage under a general or individual Animal Waste Discharge Permit, one of five categories of Wisconsin Pollutant Discharge Elimination System (WPDES) permits issued to large point-source dischargers. Large animal feeding operations are facilities with 1,000 AUs or more. In addition, the state requires permits of smaller AFOs that have discharged into state waters and failed to respond to a "Notice of Discharge" (NOD).
NODs are often the result of public complaints. DNR, working with DATCP and the counties, investigates complaints to see if there is a significant water quality impact. If such a problem exists, DNR issues an NOD to the owner, requiring action to alleviate the discharge. DNR has issued NODs to approximately 550 AFOs with less than 1,000 AUs. Approximately 25%30% of those facilities have gone out of business.
DATCP’s Agricultural Resources Management Division keeps an Excel database of NOD recipients. It is updated quarterly and includes the name of the operator, county where operation is located, type of facility (e.g., dairy, beef), AUs, when the NOD was issued, the deadline, the nature of the violation, the proposed solution, and the status. The database does not include the address of the facility.
The only list that DNR maintains is a list of Animal Waste Permits for Large Facilities. Permittees must submit the following information to DNR: size, location, ownership, design basis, capacity of waste storage system, and soil boring results. As of December 1998, 59 AFOs in the state had WPDES permits and 16 permit applications for new facilities were pending.
Other Pollution Programs of Interest
Nutrient Management Planning Conservation Management Section Land and Water Resources Bureau Agriculture Resource Management Division Department of Agriculture, Trade and Consumer Protection (608) 224-4605
The following facilities must have a written nutrient management plan:
AFOs issued a WPDES permit; farms issued a Notice of Discharge if the notice identified over-application of wastes; AFOs participating in state and federal cost-share programs; AFOs in the DNR priority watershed program; facilities with a manure storage permit (see below); and all other AFOs participating in or regulated by water quality programs.
County-level offices work with the facilities to write the plans. All plans must be in accordance with NRCS’s Nutrient Management Standards.
In the past four years, local offices have helped write over 1,000 nutrient management plans covering about 300,000 acres of land. In 1998, the counties reported 18 new plans that covered 5,000 acres.
The county-level offices have the most detailed information on nutrient management plans. The offices send DATCP summary data that the agency maintains on a computer database. The database includes statistical information on the number of nutrient management plans submitted in each county, the number of acres that those plans cover, and the name of the operators in each county that have submitted nutrient management plans. The database does not include the locations of individual farms or other farm-specific data.
A county-level quality-assurance team annually reviews all plans. A state-level team randomly selects 15 plans per year in each county to review. The state office has paper copies of these plans.
189 Recent Wisconsin legislation requires DATCP to develop administrative rules to improve agricultural nutrient management in the state. The agency is considering implementing a certification program for all farmers applying manure.
Manure Storage Ordinances Conservation Management Section Land and Water Resources Bureau Agriculture Resource Management Division Department of Agriculture, Trade & Consumer Protection (608) 224-4605
Wisconsin Admin Code ch. DATCP 50 governs construction of animal waste storage and runoff control structures, appropriate abandonment of CAFOs, and participation in cost-share programs. All facilities with WPDES permits must submit to DNR plans of proposed new construction or modification of an existing waste control system.
Forty-two of Wisconsin’s 82 counties have manure storage ordinances. Several counties are currently revising their storage ordinances because of the trend towards expansion of existing facilities. Some of these will require permit for all facilities over a certain size and some will require permits only if a facility expands.
Counties enact these local ordinances through the authority of state statutes administered by DATCP. The county Land Conservation Department (LCD) or Zoning Administration Office must administer the permit system, with technical review of construction plans conducted by LCD, NRCS, or a registered consulting engineer. The state does not keep a central record of operators who have permitted manure storage facilities except for those that also have a WPDES permit.
Odor Complaint Program Air Management Bureau Department of Natural Resources (608) 267-7547
DNR has the ability to address "objectionable odors," although the program has not been active in agricultural settings. The regulations give DNR flexibility in determining was is "objectionable" and when action should be taken.
The odor program is complaint-driven. The Bureau does maintain computer records on complaints, but they do not categorize the complaints by source (e.g., you cannot sort the records by AFOs). The records have a comment field where the address, location, and nature of the source of the odor may be indicated.
Coastal Zone Management Act/Priority Watershed Project Watershed Management Bureau Division of Water Department of Natural Resources (608) 266-9277
Wisconsin does not track AFOs through its coastal management program. However, through the state’s Nonpoint Source Priority Watershed Project, DNR works with local governments to conduct inventories of AFOs in the Great Lakes coastal zone.
Approximately 12%13 watershed projects are currently underway, which represent about half of the coastal management area. DNR funds county conservation departments (the state soil and water conservation districts) to locate farms. The program estimates that it has identified between 3,000 and 4,000 out of the 5,000 AFOs located in the coastal area. (The whole state has an estimated 25,000%30,000 AFOs, and 65,000 farms with livestock.)
190 The DNR maintains a GIS database with information on the number and type of livestock at each facility, as well as drainage information. More detailed information about the name and location of owner/operators is maintained at the county level.
Non-Pollution Programs of Interest
Dairy Inspection Program Bureau of Food Safety & Inspection Division of Food Safety Department of Agriculture, Trade & Consumer Protection (608) 224-4701
Dairy farms must be licensed and inspected in Wisconsin. The Bureau maintains computer records of all licensed dairies&approximately 21,000%22,000 farms. The records include name of operator, location, address, milk quality data, and enforcement status. The records do not indicate the number of animals at each permitted facility. There are some limitations on availability of data on individual farms.
Animal Disease Program Animal Disease Control Bureau Animal Health Division Department of Agriculture, Trade & Consumer Protection (608) 224-4872
The Division maintains records of AFOs if it has conducted direct testing and surveillance programs for disease outbreaks (pseudorabies, brucellosis, & tuberculosis) or if it has conducted tests because animals are going to be transported between states. When it learns of a disease outbreak, the Division conducts a door-to-door survey in a one- to five-mile radius of the facility where the disease has been reported. Therefore, it has fairly extensive records of where AFOs exist. The Division estimates that it has records on 100% of the dairies, 80% of the hog operations, 100% of the large poultry operations, and 30% of the small poultry operations (with less than 3,000 animals). It could not estimate the percentage of beef operations for which it has records.
The records are maintained on computer and paper files. They include information on the operation name, location, address, and the type of animal that was tested, but not necessarily all the animal types at a given location. They do not include information on how many animals there are at a given facility.
Some information may not be available to other agencies or the public. Information gathered privately by independent veterinarians is protected under doctor-patient privileges. Cases that are still open and under investigation are not available until they are closed.
Animal Import Health Regulations Animal Disease Control Bureau Animal Health Division Department of Agriculture, Trade & Consumer Protection (608) 224-4872
When animals are going to be imported to Wisconsin, veterinarians from the state of origin call the DATCP to find out what health certification and testing requirements apply. The veterinarian sends in a health certificate to meet Wisconsin’s import requirements. The Bureau files the health certificates in paper files, first by the state of origin, and then by one of four categories: swine, cattle, equine, and miscellaneous (poultry, cats & dogs, etc.). The certificates include information on the general destination and the person receiving the animals. Sometimes the certificates include the person’s full address. They do not indicate the type of facility to which the animals are being transported (e.g., farms, private owners, feedlots).
191 Groundwater Withdrawal Program Private Water Systems Section Water Division Department of Natural Resources (608) 267-7649
Facilities that withdrawal greater than 70 gallons per minute must receive a permit from DNR. DNR has permits for 8,992 wells categorized into nine classes: state institutions (87), irrigation (4,002), OTM (other than municipal water systems (228)), industrial (1,057), WWTPs (21), schools (472), municipal (1,680), and miscellaneous (1,440). AFOs may fall into the irrigation category, if the facility also uses groundwater to irrigate crops, or the miscellaneous category. The computer database on permittees does not indicate whether a facility is an AFO. The paper files have more information; for example, they might describe a facility as a feedlot. Probably there are not a significant number of feedlots in the system.
Wyoming
NPDES Program & Confined Swine Feeding Operation Permits Engineering & Technical Services Branch Water & Wastewater Section Water Quality Division Department of Environmental Quality (DEQ) (307) 777-7781
All CAFOs must apply for and obtain an individual NPDES permit from the DEQ. Permits require no surface discharge, unless caused by precipitation in excess of the 25-year, 24-hour storm event. Facilities can meet the standard by construction of control structures or implementation of BMPs.
Currently, there are 25 permitted CAFOs. DEQ keeps permit information in EPA’s Permit Compliance System database and in its own Access database. The permit application asks for the following information:
name and address of applicant; name, ownership, and physical location of facility; whether the facility is existing or proposed; date of construction; receiving water(s); past or existing state water pollution control permits; previous complaints at facility; directions to facility; sketch with dimensions, direction, and location of surface drainage and other discharges; general location of waterways; location of area for manure disposal; and direction and location of diversion points for irrigation activities.
For AFOs, the application also requires the following information:
current type and number of animals; largest number of animals held at any one time in the previous 12 months; approximate area used for animal confinement or feeding; approximate land area available for manure disposal; whether animals in the facility are in open confinement or housed under roofs; if animals are in open confinement, whether the facility has a runoff control system; and if animals are housed under roofs, whether the facility has a liquid manure handling system for manure management.
192 The state sets permit conditions for AFOs regarding the design of the waste structure and lagoon. Also, there are required separation distances between operations and dwellings or water wells; maximum land application rates; and monitoring and reporting requirements.
In 1997, Wyoming passed a law governing confined swine feeding operations. In April 1999, the state published final regulations to implement the law. Operations with at least 3,500 swine must get a confined swine feeding permit from the Wyoming DEQ. The rules require confined hog operations to have waste management plans, to have bonding for closure and cleanup, to follow lagoon siting specifications, and to develop a groundwater protection plan. The new law also authorizes counties to establish stricter zoning for hog factory farms. Because the rules allow no discharge to surface water from these facilities, the state will not require confined swine feeding operations to have NPDES permits.
Other Pollution Programs of Interest
Construction Permits for Wastewater Facilities Engineering & Technical Services Branch Water & Wastewater Section Water Quality Division Department of Environmental Quality (DEQ) (307) 777-7075
Anyone wishing to build wastewater treatment facilities or control structures of any kind must obtain a permit prior to construction. Chapter 11 of DEQ’s rules require applicants to provide DEQ with several kinds of information about the proposed construction and operation. For manure management facilities the information includes site maps, facility design, a description of the operation and maintenance procedures for the control structures that addresses proper maintenance of the manure pack, and information describing the use of land application areas. If the facility poses a threat to groundwater, the permit requires a groundwater monitoring program. The new confined swine feeding operation rules (DEQ rules ch. 20) contain their own pre-construction requirements that apply specifically to large swine facilities.
DEQ issues only two or three construction permits for CAFOs per year. DEQ keeps a database with information on all facilities with construction permits. It is possible to tell from the database whether a facility is a CAFO.
Facilities with permits are subject to DEQ inspection. DEQ tracks actions taken in response to inspections and keeps records of inspections for at least three years.
Non-Pollution Programs of Interest
Inspection/Certification of Dairy Farms Consumer Health Services Department of Agriculture (307) 777-6587
Consumer Health Services inspects dairies and meat facilities in the state. Dairies must be licensed for Grade A certification. Following application for a license, the facility is inspected. The agency keeps basic information on each dairy in a database.
Animal Importing Livestock Board (307) 777-7517
All animals that are imported, exported, or transported within the state must be accompanied by a certificate of veterinary inspection. A copy of the certificate gets forwarded to the livestock health official of the state of origin for approval and is then transmitted to the Wyoming State Veterinarian. The certificate contains the following information: permit number, names and complete mailing addresses of the consignor and consignee, the origin of the animals, their actual Wyoming farm or ranch destination
193 (but does not include information about number of animals at the facility), and an accurate description of the livestock. The certificate also shows the number of animals covered by the document, the purpose for which the animals are to be moved, and the health status of the animals involved (including dates and results of required tests and dates of vaccination, if any).
The Livestock Board keeps import information on paper. Certificates are good for 30 days but are kept in the office for seven years.
Animal Disease Reporting State Veterinarian Livestock Board (307) 777-6649
Nationally reportable diseases are reported to both APHIS and the State Veterinarian. The State Veterinarian’s Office keeps herd files on cattle, swine, and sheep. The animal disease information is primarily kept in paper files, but staff are in the process of recording it into a database. Recently, Wyoming enrolled in NAHRS (National Animal Health Reporting Service). It is currently developing its own state program as an adjunct to NAHRS.
Brands & Brand Inspection Livestock Board (307) 777-7517
Anyone desiring a brand must apply to the Livestock Board. This applies to cattle and sheep, but not swine. The application asks for name, address, telephone number, kind of brand, and what species the brand is for. The state records no information about facilities, so it is impossible to tell from the records whether the brand owner operates a CAFO. Once the owner gets the brand, it is recorded at the Livestock Board. The information is kept in a database. The Board also regularly publishes a paper brand book. Brands expire after 10 years if not renewed. The Board has records on approximately 28,000 active brands.
The state requires brand inspection whenever livestock move across a county line or state line, or when livestock change ownership. There are limited exceptions for moving livestock to their accustomed range (if the owner has an intrastate accustomed range permit from the Livestock Board) or when bringing livestock to a licensed market. Brand inspectors verify ownership of the animal and issue a certificate to the owner.
Livestock Market License Livestock Board (307) 777-7515
Authority: Wy. Stat. §§11-22-03 & -04
The Board issues annual licenses to livestock markets. Market operators must attest to financial responsibility and possession of adequate facilities for the market.
Scale Inspection Weights & Measures Program Technical Services Division Department of Agriculture (307) 777-7324
Authority: Wy. Stat. §11-22-111
The state inspects all scales used in livestock markets.
194 Appendix B: Table of Acronyms
AAC Alabama Administrative Code ADAI Alabama Department of Agriculture & Industries AFO Animal Feeding Operation APA Agricultural Pollution Abatement (Ohio program) APHIS Animal & Plant Health Inspection Service ARM Administrative Rules of Montana ARS Arizona Revised Statutes ARSD Administrative Rules of South Dakota AQ Animal Quarantine (Hawaii) AUs Animal Units or Animal Equivalent Units AWMP Animal Waste Management Plan BMPs Best Management Practices CAFO Confined Animal Feeding Operation CAWMP Certified Animal Waste Management Plan (North Carolina) CCR Code of Colorado Regulations CFR Code of Federal Regulations CMR Code of Massachusetts Regulations CSR (Missouri) Code of State Regulations or (West Virginia) Code of State Rules CWA Clean Water Act (= FWPCA) DCR Department of Conservation & Recreation (Virginia) DEC Department of Environmental Conservation (New York) DENR Department of Environment & Natural Resources (North Carolina) DEP Department of Environmental Protection (various states) DEQ Department of Environmental Quality (various states) DNR Department of Natural Resources (various states) DNREC Department of Natural Resources & Environmental Control (Delaware) DOE Department of Ecology (Washington) DOH Department of Health (various states) DOPA Dairy Outreach Program Areas (Texas) DATCP Department of Agriculture, Trade & Consumer Protection (Wisconsin) EAW environmental assessment worksheet EIA Environmental Impact Assessment ELI Environmental Law Institute EPA Environmental Protection Agency EPD Environmental Protection Division (Georgia & Iowa) EQB Environmental Quality Board (various states) ERTS Environmental Response Tracking System FDA Food & Drug Administration FWPCA Federal Water Pollution Control Act (= CWA) FY Fiscal Year GAO General Accounting Office GEIS Generic Environmental Impact Study GIS Geographic Information System GPS Global Positioning System GWPD Groundwater Protection Division (Louisiana) H2S Hydrogen Sulfide HB House Bill HRS Hawaii Revised Statutes IDEM Indiana Department of Environmental Management KAR Kansas Administrative Regulations KDHE Kentucky Department of Health & Environment KNDOP Kentucky No Discharge Operational Permit KPDES Kentucky Pollutant Discharge Elimination System KRS Kentucky Revised Statutes LAC Louisiana Administrative Code LAS Land Application Systems (Georgia permit program)
195 LCD Land Conservtion Department (Wisconsin counties) LFO Large Farm Operation (Vermont) LURC Land Use Regulatory Commission (Maine) LWDPS Louisiana Water Discharge Permit System MCA Montana Code Annotated MCSR Missouri Code of State Regulations MDA Maryland Department of Agriculture MDE Maryland Department of the Environment MEPA Montana Environmental Protection Act MGL Massachusetts General Laws MOU Memorandum Of Understanding MPCA Minnesota Pollution Control Agency MPDES Mississippi Pollutant Discharge Elimination System MPDES Montana Pollutant Discharge Elimination System MRS Missouri Revised Statutes MRSA Maine Revised Statutes Annotated NAC Nevada Administrative Code NAHRS National Animal Health Reporting System (USDA) NASS National Agriculture Statistics Service NBAI Nebraska Bureau of Animal Industry NDEQ Nebraska Department of Environmental Quality NIST National Institute of Standards & Technology NJPDES New Jersey Pollutant Discharge Elimination System NMED New Mexico Environment Department NMP Nutrient Management Plan NOD Notice Of Discharge (Wisconsin) NPDES National Pollutant Discharge Elimination System NPIP National Poultry Improvement Program NR Natural Resources NRCS Natural Resource Conservation Service NRPA Natural Resources Protection Act (Maine) ODA Oregon Department of Agriculture OEPA Ohio Environmental Protection Agency ORS Oregon Revised Statutes OTM Other Than Municipal (water systems) P&S USDA Packers & Stockyards program PCED Pollution Control & Ecology Department (Arkansas) POTW Publicly Owned (Wastewater) Treatment Works PTI Permit to install RIPDES Rhode Island Pollutant Discharge Elimination System RCW Revised Code of Washington RWQCB Regional Water Quality Control Board (California) SDCL South Dakota Codified Laws SIC Standard Industrial Code SPDES State pollutant discharge elimination system SWD Surface Water Discharge (South Dakota) TDEC Tennessee Department of Environmental Conservation SWRCB State Water Resources Control Board (California) SWMP Swine Waste Management Permit (Kentucky) TMDL Total Maximum Daily Load (of water pollutants) TNRCC Texas Natural Resources Conservation Commission TRSA Technical & Regulatory Services Administration (Maryland) UPDES Utah Pollutant Discharge Elimination System USC United States Code USDA United States Department of Agriculture USGS United States Geological Survey VAC Vaccination System % USDA database VAC Virginia Administrative Code VDEQ Virginia Department of Environmental Quality
196 VPA Virginia Pollutant Abatement (permit) VPDES Virginia Pollutant Discharge Elimination System VS Veterinary Services WPDES Wisconsin Pollutant Discharge Elimination System WQIS Water Quality Information System (Missouri) WWTP Waste Water Treatment Plants
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