NC CAFO General Permits Advisory Group

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NC CAFO General Permits Advisory Group

• Introductory Meeting
• September 17, 2003

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Introduction

• Study and Evaluate State Non-Discharge General
  Permit for Animal Operations
• State Permit Addresses Facilities Not Covered
  Under Federal NPDES Permit
• At least 100 Confined Cattle, 250 Swine, or
  30,000 Birds w/Liquid Manure System

3
Background

• Original State Non-Discharge Permits issued May
  1998
• Original Permits were set to expire on April 30,
  2003
• DWQ Proposed New, Draft Replacement Non-Discharge
  Permits in January 2003
• Draft Permits were the subject of 3 Public
  Meetings in February 2003
• Based upon public comments received, draft
  permits were substantially modified and revised.

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Background (Continued)

• SB 733 Introduced in General Assembly
• Subsequently Ratified by Legislature and Signed
  by Governor
• SB 733 Stayed the Implementation of New, Proposed
  General Permits and extended the effective date
  of original permits from May 1, 2003 to Oct 1,
  2004.

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SB 733

• Stayed Implementation of New General Permit
• Extended Effective Date of Original General
  Permit and Certificates of Coverage to Oct 2004
• Required DENR to evaluate use impacts of
  General Permits for Animal Waste Management
• Required DENR to consult w/NCDACS, NCSU,
  industry reps, reps of env. conservation groups
  
• Prepare revised, draft permits and forms
  circulate among interested parties
• Report to ERC by March 1, 2004

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CAFO General Permits Advisory Group

• Composed of Reps as mandated by SB 733
• Goals
• Study and evaluate the use of general
  non-discharge permits for animal operations
• Prepare draft, revised general permits.
• Review and circulate draft, revised permits
  w/associated monitoring forms
• Report to ERC by March 1, 2004

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Review of CAFO Permitting Programs in North
Carolina
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Permitting Programs for Animal Operations in NC

• NPDES General Permit
• Liquid manure system with
• Swine 2,500 or more gt 55 lbs or 10,000 lt 55 lbs
• Cattle 1,000 confined beef or 700 mature dairy
• Poultry 30,000 laying hens or broilers
• Federal permit
• Not a subject of these discussions
• Includes approximately 1041 facilities in NC

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Permitting Programs for Animal Operations in NC

• State General Non-Discharge Permit
• Not covered under NPDES Permit
• Liquid manure system with at least
• 250 Swine
• 100 Confined Cattle
• 30,000 Birds
• Subject of SB 733 and these discussions
• Includes approximately 1437 facilities in NC

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Permitting Programs for Animal Operations in NC

• Deemed Permitted
• Dry waste management systems or
• Under the animal threshold for State permit
• Includes all animal facilities that are not
  covered under NPDES or State Permits
• Not a subject of these discussions
• No data on the number of these facilities in NC

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NPDES vs. State Permit for CAFOs

• NPDES General Permit for CAFOs 1041
• State General Permit for CAFOs 1437

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Breakdown of NPDES CAFO Permits

• Swine - 1019
• Poultry - 17
• Cattle - 5

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Breakdown of State CAFO Permits

• Swine - 1203
• Poultry - 9
• Cattle - 225

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Breakdown of Permitted Swine Facilities in NC

• NPDES - 1019
• State - 1203

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Breakdown of Permitted Cattle Facilities in NC

• NPDES - 5
• State - 225

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Breakdown of Permitted Poultry Facilities in NC

• NPDES - 17
• State - 9

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Evolution of CAFO Permits in North Carolina
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First State General Non-Discharge Permit

• Adopted on January 14th, 1997
• SB 1217 Required General permits for
• Swine
• Cattle Dairy
• Poultry
• Covered all CAFOs w/Liquid Waste Systems except
  those deemed permitted.
• Implemented first basic permit requirements for
  animal operations in NC.

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First State General Non-Discharge Permit -
Performance Standards

• Performance Standards
• No discharge except for 25 yr / 24 hr storm
• Expansions must be permitted
• Initiated record maintenance requirement
• Implemented Certified Animal Waste Management
  Plan Component Requirements

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First State General Non-Discharge Permit - O M
Requirements

• General Operation Maintenance Requirements
• Proper maintenance
• Vegetative cover required
• Agronomic and hydraulic application rates
• Limits on the timing of application
• Restrictions on other wastes
• Basic dead animal disposal
• Stormwater solid waste restrictions

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First State General Non-Discharge Permit -
Monitoring Reporting

• General Monitoring Reporting Requirements
• Regular inspections
• Maintenance records
• Testing requirements
• Lagoon level gauge monitoring
• Site inspection
• Regional notification

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First State General Non-Discharge Permit -
General Conditions

• General Conditions
• Certified operator requirement
• Storage control requirement
• Monitoring
• Enforcement upon non-compliance
• Compliance obligation

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Revision of Original General Non-Discharge Permit

• Original general permits revised as a result of
  legislative mandate - Senate Bill 352
• Revised permits adopted in May 1998
• Revisions of some requirements were intended to
  provide clarification, increase flexibility, and
  make administrative corrections to previous
  permits.

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NPDES General Non-Discharge Permit for Animal
Operations

• Federal mandates required NC DWQ to develop and
  implement a NPDES General Permit
• NPDES Permit was adopted in March 2003
• Lawsuit filed to block implementation of this
  permit.
• Judge has not yet ruled on motion to dismiss.
• Affected only large operations
• Included new permit requirements not contained in
  State General Permits.

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Major Changes in NPDES General Permit for CAFOs

• Federally enforceable
• Amendments to CAWMP w/explanation submitted to
  Regional Office within 10 days
• Determine ability to comply with P loss standard
• No ponding or runoff from land application
• More stringent burial site requirements
• Testing and calibration of application equipment
• Required monthly stocking records

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Major Changes in NPDES General Permit for CAFOs

• Increased management of crops at land app sites
• Installation of rain gauges precipitation
  records
• Sampling and analysis of discharges
• Annual certification form
• Sludge survey requirement
• Rainbreakers or ORC on site during land app
• Lagoon monitoring and recording

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Proposed New State General Non-Discharge Permit

• Existing State permits set to expire in April
  2003
• DWQ developed proposed new State permits to
  replace expiring permits
• Proposed permits noticed to public in January 03
• DWQ had gained much experience in permitting
  animal operations in the ensuing 5 years
• DWQ needed to incorporate this refined knowledge
  in new proposed permits.

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Proposed New State General Non-Discharge Permit

• Proposed permit contained many NPDES permit
  requirements not in existing State general
  permits
• Amendments to CAWMP to Reg Off within 15 days
• Evaluate ability to comply w/P loss stnd within 6
  mos.
• Restrict land application by water wells
• Ponding or runoff during land application
  forbidden
• Restrict dead animal burial above normal
  mortality
• Rainbreakers or operator on site during land app
• Testing and calibration of land application
  equipment

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Proposed New State General Non-Discharge Permit

• Differences between the existing and proposed
  State General Permits continued
• Increased crop management on land application
  sites
• Automated lagoon monitoring and recording
• Monitoring and recording of precipitation events
• Stocking records required
• Annual certification report required
• Sludge survey required

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Proposed State Permits Reviewed at Public
Meetings

• Meetings were conducted to solicit public input
  regarding the proposed permits in February 2003
• Much input regarding the proposed changes was
  provided during the comment period
• This input resulted in Meeting Officer revisions
  to the proposed permits

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Major Issues Meeting Officers Recommendations
for Proposed State Permit

• Annual testing and calibration requirement
• MO Rec Once every two years
• Annual certification report requirement
• MO Rec Remove, require only on case-by-case
  basis
• Annual sludge survey requirement
• MO Rec Once every 2 yrs, or case-by-case basis
• Phosphorous evaluation requirement
• MO Rec Retain, grant extension to 6 mos. if nec.

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Major Issues Meeting Officers Recommendations
for Proposed State Permit

• Rainbreaker or operator on-site for land
  application equipment
• MO Rec No rainbreakers, but inspect every 120
  mins.
• Increased frequency of inspection of land app.
• MO Rec Retain, see above
• Automated rain gauges and recorders
• MO Rec Only required if problems are noted
• Daily recording of precipitation
• MO Rec Retain

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Major Issues Meeting Officers Recommendations
for Proposed State Permit

• Stocking records
• MO Rec Retain, but make as flexible as possible
• Do not forward records to DWQ regional Offices
• MO Rec Forward amendments to CAWMP

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Side-by-Side Comparison of Existing, NPDES,
Proposed, Meeting Officer General Permits
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Side-by-Side Comparison of Existing, NPDES,
Proposed, Meeting Officer General Permits
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Side-by-Side Comparison of Existing, NPDES,
Proposed, Meeting Officer General Permits
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Side-by-Side Comparison of Existing, NPDES,
Proposed, Meeting Officer General Permits
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Discussion Starting Points and Summary

• SB 733 has chartered the Department, in
  consultation with the Advisory Group, to review
  the State General Permit conditions
• We suggest that the Group look at the SB 733
  extended State General Permits as the starting
  point of the discussions.
• We recommend that the Group consider the NPDES
  Permit conditions as the requirements for large
  animal operation systems

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Discussion Starting Points and Summary

• We would offer the State General Non-Discharge
  Permits as at least one effort to develop a
  permit with conditions between the original
  State GP and the NPDES GP for animal operations.
• Please consider that SB 733 requires a report
  by DENR to the ERC by March 1, 2004.