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Animal feeding operations are agricultural facilities that confine feeding activities, thus concentrating animal populations and manure. Animal waste, if not managed properly, can run off farms and pollute nearby waterbodies. Agricultural runoff has been linked to dangerous toxic microorganisms such as Pfiesteria piscicida, which is widely believed to be responsible for major fish kills and disease events in several mid-Atlantic states.
ADEQ issues permits and conducts inspections of concentrated animal feeding operations in Arizona.
You may also want to contact your local cooperative extension office or the nearest National Resource Conservation Service office for additional information.
CAFO Permitting
ADEQ revised the AZPDES program rules (18 A.A.C. 9, Article 9) to conform with the updated federal regulations for Concentrated Animal Feeding Operations (CAFOs). The rule revisions became effective on Feb. 2, 2004  (print pages 3 and 82-97).
Under the new rule all CAFOs are required to apply for a permit, submit an annual report and develop and follow a plan for handling manure and wastewater. In addition, the rule moves efforts to protect the environment forward by placing controls on land application of manure and wastewater, covering all major animal agriculture sectors, and increasing public access to information through CAFO annual reports. The rule also eliminates current permitting exemptions and expands coverage over types of animals in three important ways: the rule eliminates the exemption that excuses CAFOs from applying for permits if they only discharge during large storms; second, the rule eliminates the exemption for operations that raise chickens with dry manure handling systems; and third, the rule extends coverage to immature swine and immature dairy cows.
ADEQ prepared a draft general permit for CAFOs and published a Notice of Public Information in the Arizona Administrative Register on Feb. 13, 2004. ADEQ accepted comments on the draft CAFO general permit until March 15, 2004.
After reviewing the public comments, ADEQ revised the draft general permit, Notice of Intent, Notice of Termination and fact sheet, developed the Response to Comments and submitted the documents to EPA for final review. On April 15, 2004, ADEQ received a "no-objection" letter from EPA regarding the proposed general permit. ADEQ issued the AZG2004-002 general permit on April 16, 2004.
To obtain authorization under the CAFO general permit, the operator must comply with all the requirements of the general permit and submit a Notice of Intent (NOI) in accordance with Part II of the general permit.
CAFOs that do not qualify for general permit coverage under the Arizona Pollutant Discharge Elimination System program must apply to ADEQ for coverage under an individual permit using CAFO Application (Form 2B) .
CAFO Inspections
Nationwide and in Arizona, the potential for surface water pollution exists through the discharge of run-off or wastewater to waterways from livestock facilities. ADEQ has established a Concentrated Animal Feeding Operations (CAFO) Inspection program to curtail existing off-site discharges of run-off or wastewater and to evaluate individual livestock facilities for potential to discharge water contaminated by animal wastes. Notices of violations and recommendations are provided to facilities to correct deficiencies in waste management practices, waste handling devices and waste handling structures.
What is a CAFO?
It is designated by ADEQ upon determination that the operation, regardless of its size, is a significant source of pollution following A.A.C R18-9-D901(B) through (E).
A "concentrated animal feeding operation," or CAFO, is an animal feeding operation that meets one or more of the following criteria:
- Large CAFO: confines 1,000 beef animals; 700 dairy cows; 2,500 or 10,000 swine depending on waste system type; 500 horses; 10,000 sheep or lambs; 55,000 turkeys; 30,000, 82,000 or 125,000 chickens depending on waste system type
- Medium CAFO: confines less than the number listed for Large CAFO, but equal to or greater than 300 beef; 200 dairy cattle; 750 or 3,000 swine; 150 horses; 3,000 sheep or lambs; 16,500 turkeys; or 9,000, 25,000 or 37,500 chickens and discharges pollutants into "waters of the United States" (either directly into on-site water, or indirectly by channeling wastes through a ditch, flushing system, or other device)
- It is designated by ADEQ upon determination that the operation, regardless of its size, is a significant source of pollution following A.A.C R18-9-D901(B) through (E)
Livestock Facilities Subject to Inspection
At this time, all livestock operations (dairy, swine, poultry, horses, ostrich, etc.) with about 300 animals or more will be inspected by ADEQ.
The ADEQ Inspection Process
Upon arrival, an ADEQ inspector will show an ADEQ identification badge. The inspector will review the forms to be used during the inspection and provide copies of the forms for the facility owner or representative. The inspector will inspect the facility accompanied by the owner or representative. After the inspection, the inspector will discuss with the owner or representative any compliance problems observed during the inspection. Subsequently, an inspection report will be sent to the facility, usually within one month of the inspection.
Inspections usually take forty-five minutes to two hours to conduct. During the inspection photographs are taken and global positioning system (GPS) measurements are taken. Water samples may be collected if a discharge of wastewater, tailwater, or run-off contaminated by manure is observed.
The inspector will be concerned with effective manure and wastewater management. For example, the inspector will examine the following; site and corral surface gradient to determine if contaminated run-off can leave the facility site, manure storage near ditches or other waterways for possible run-off, handling of wash water, lagoon capacity, and the potential release of tailwaters containing wastewater (lagoon water) off the facility site. Basically, the inspector is looking for any actual or potential run-off or discharge of water contaminated by animal wastes off the facility.
Possible Results Of A Livestock Facility Inspection
Facilities are evaluated for compliance with the state agricultural general permits and water quality standards and will receive an inspection report. They may also receive a notice of opportunity to correct (NOC) or a notice of violation (NOV) when warranted. When no violations are discovered, ADEQ will not pursue any compliance action. However, a facility may still receive recommendations to improve waste handing at the facility.
With a NOC, facilities are given a specific amount of time (usually 120 days), to correct violations of the state general permits and/or water quality standards. NOVs are given to facilities with the most significant surface water contamination potential and NOVs are always issued when a facility discharges wastewater to a "water of the state" or a conveyance (which includes some ditches and canals) to a "water of the state". NOVs are also given a certain amount of time to correct the violations.
ADEQ may seek escalated enforcement action to correct violations observed during the course of an inspection. The U.S. EPA is advised of all NOCs and NOVs issued in the state and reserves the option of taking enforcement if ADEQ does not.
If Violations Are Not Corrected
Escalation of enforcement action by ADEQ is possible when conditions of the Notice of Opportunity to Correct (NOC) or Notice of Violation (NOV) are not met. For example, a NOC may lead to a NOV if violations are not corrected. NOVs may lead to civil court orders if violations are not addressed. For serious discharge cases, the maximum civil penalty a livestock facility can be fined is $25,000 per day per violation pursuant to A.R.S. § 49-262.C.
Related Statutes and Rules
Authority to inspect livestock facilities
- Arizona Revised Statutes (A.R.S.) § 49-203 B.1
Authority to evaluate livestock facility compliance
- Arizona Administrative Code (A.A.C.) R18-9-402 (agricultural general permits: nitrogen fertilizers)
- A.A.C. R18-9-403 (agricultural general permits: concentrated animal feeding operations)
- A.A.C. R18-9-D901 through D905 (AZPDES rules for CAFOs)
- A.A.C. R18-11-108 (narrative water quality standards)
- A.A.C. R18-11-109 (numeric water quality standards)
The agricultural general permit rules have been adopted pursuant to A.R.S. § 49-297, and the surface water quality standards rules have been adopted pursuant to Article 2, Chapter 2, of A.R.S. Title 49.
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