AFOs, CAFOs and MAFOs Presented by Gary F. Kelman, Chief Animal Feeding Operation Division Maryland Department of the Environment March 9, 2017
Topics 1. Watersheds 5. How to Apply for the Permit 2. Definitions 6. Technical Aspects 3. New Sources 7. Compliance/Enforcement 4. New Construction/Expansion 8. Questions
US Watersheds (Courtesy of San Francisco Public Utilities Commission)
Chesapeake Bay Watershed
Definitions
What is an AFO? • Animal Feeding Operation (AFO) – Animals stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period. – Crops, forage or post-harvested residues are not sustained in the normal growing season over any portion of the lot or facility.
AFO Size Table (MD livestock) Number of Animals or House Capacity (ft 2 ) Animal Type Large Medium Small Cattle Includes ≥ 1000 animals 300 – 999 animals < 300 animals heifers) ≥ 700 animals Dairy Cattle 200 – 699 animals < 200 animals Chickens (other than 37,500 – 124,999 ≥ 125,000 animals or laying hens) with dry animals and < <37,500 animals ≥ 100,000 ft 2 100,000 ft 2 manure handling Laying hens with dry 25,000 – 81,999 ≥ 82,000 animals < 25,000 animals manure handling animals Chickens with liquid 9,000 – 29,999 ≥ 30,000 animals < 9,000 animals manure handling animals Swine ≥ 55 pounds ≥ 2500 animals 750 – 2499 animals < 750 animals 3,000 – 9,999 ≥ 10,000 animals Swine < 55 pounds < 3,000 animals animals
What is a CAFO? • Concentrated Animal Feeding Operation (CAFO) • A medium or large AFO that discharges or could discharge contaminated wastewater to a surface stream. • For Chickens that means at least 37,500 animals for a medium or 125,000 animals for a large. • Medium CAFOs must discharge though a man-made ditch, flushing system or other similar man-made device. • Large CAFOs are included in EPA’s point-source definition and do not need a man-made conveyance to be a CAFO.
What is a MAFO? • Maryland Animal Feeding Operation (MAFO) • A large AFO that does NOT discharge stormwater containing manure, litter, or process wastewater to surface waters of the State. For chickens that means at least 125,000 animals. • MAFO facilities (production and storage areas) must be designed, constructed, operated and maintained to not discharge manure. litter, or process wastewater to surface waters of the State. • If a MAFO is found to discharge or that it could discharge pollutants to the surface waters of the State, it can be designated a CAFO.
CAFOs versus MAFOs • CAFO • MAFO – Large AFO that can – Large AFO that discharge to surface cannot discharge to water; OR surface water – Medium AFO that – MDE designated discharges through a man-made conveyance – EPA or MDE designated
Regulated Discharges from the CAFO to Surface Waters • Includes – Manure, litter, and process wastewater – Discharges from Production and Land Application Areas not exempt as agricultural storm water. • Excludes precipitation-related discharges that qualify as agricultural storm water.
Production Area • Animal Confinement Area • Manure Storage Area • Raw Materials Storage Area • Waste Containment Area
Land Application Area • Land under the control of an AFO owner or operator, whether it is owned, rented, or leased, to which manure, litter or process wastewater from the production area is or may be applied. • Business organization of the AFO does not affect “control” of the land.
Land Application Area 2 • All land application areas under the control of an operator that receives manure/litter must be included in that operation’s Nutrient Management Plan.
No-Land/Land AFOs • No-land AFOs export ALL manure to a farm they do not control and do not receive manure from a farm they control. • This must be documented in the required plan(s) and re-confirmed each year in the Annual Implementation Report (AIR). • Land operations use chicken litter/manure (whether the litter/manure originates from their operation or another operation) to grow crops on fields under their control.
Agricultural Storm Water • If you apply manure, litter, or process wastewater in accordance with your Nutrient Management Plan to land application areas under your control, then any runoff is allowed. • If you exceed NMP requirements, then that discharge is not allowed.
Waters of the State • COMAR 26.08.01.01B(103): – “Waters of this State includes: • (a) Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lake, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems within this State, other those designed and used to collect, convey, or dispose of sanitary sewage.
Waters of the State • (b) The flood plain of free-flowing waters determined by the Department of Natural Resources on the basis of the 100- year flood frequency.”
500-Year Tidal Floodplain Non-Tidal Wetland 100-YearTidal Floodplain Tidal Wetland
MDE/Local Governments Regulate • Non-Tidal Wetlands • Tidal Wetlands • Non-Tidal Floodplains
Local Governments Regulate • Tidal floodplains
New Sources • Only applies to Large CAFOs. • New Sources can be: – A totally new facility; or – An addition to an existing facility if it is “substantially independent” of the existing facility. Most expansions are built with their own stormwater structures and are therefore not connected to the existing facility, so are substantially independent.
More More on on New New Sources Sources New sources should comply with the New Source Design Criteria on MDE’s website when designing and constructing their facility.
AFO Design Criteria for Poultry – “All poultry structures (houses, storage sheds and composters, etc.) shall be situated a minimum of 100 feet from waters of the State.”
What’s Different for New Source/New Discharge CAFOs? • New operations must apply for and receive registration under the General Permit BEFORE they receive animals and start operations. The facility can be constructed, however. YOU MUST BE REGISTERED PRIOR TO RECEIVING BIRDS. • New Source Poultry CAFOs are prohibited from discharging any stormwater contaminated with manure, litter, or process wastewater from their production areas via a man-made conveyance (medium) or via overland flow or man-made conveyance (large) to surface waters of the State regardless of the intensity of the storm.
New Construction/Expansion
New Construction/Expansion Basics • Prior to construction – Site must be large enough to accommodate the number of planned structures, while still being in compliance with federal, State and local regulations: • Stormwater management (COMAR 26.17.02); • AFO (COMAR 26.08.03.09, 40 CFR Part 122, 412); • Zoning (subject to local ordinance)
New Construction/Expansion MDE Permitting 1. Apply for and receive coverage under the General Discharge Permit for Stormwater Associated with Construction Activity from MDE before beginning any construction. • Requires local Soil Conservation District- approved Erosion and Sediment Control Plan; and • Locally approved Stormwater Management Plan. 2. Apply for and receive coverage under the General Discharge Permit for AFOs from MDE before receiving birds (allow adequate lead time). 3. If using more than 10,000 gallons of water per day (annual average), apply for a Water Appropriation Permit from MDE.
New Construction/Expansion • During construction – Follow approved site plans and stormwater management strategies; – Do not modify approved plans without notifying the approval authority. • Post construction – Must be covered under AFO Permit prior to operating (receiving birds, in the case of poultry)
Acce cepta ptable ble M Meth thods ods* f * for M or Manur nure e Mana nagem gement ent duri ring L ng Limit mited M ed MACS CS Fund nding ing: • New Construction: • Private funding for structures that meet NRCS Practice Standard 313 (Waste Storage Facility); • Using one of the new unoccupied poultry houses to store the manure using approved methods in NRCS Practice Standard 313; • Transportation to another facility that has manure storage capacity, an alternative use facility, or to a receiving farm compliant with its Nutrient Management Plan (in accordance with NRCS Practice Standard 633 if receiving farm is manure producer); or • Methods to reduce the amount of manure needing storage such as windrowing between flocks.
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