Revised CAFO rule gives producers more to consider
US - A newly revised rule proposed by the U.S. Environmental Protection Agency says that large livestock operations don't need to apply for a permit unless they discharge manure waste to surface water, but questions remain as to whether facility operators should still seek a permit and be safe rather than sorry.The revision is in response to a 2005 ruling by the 2nd Circuit Court of Appeals that the EPA has authority only to regulate actual, not potential, discharges from concentrated animal feeding operations (CAFO), which include large dairy, beef, swine and poultry farms.
According to the court decision, only those operations that discharge or propose to discharge waste are required to apply for the National Permit Discharge Elimination System (NPDES) permits.
But many livestock producers worry that by not getting coverage under the NPDES permit, they could be held liable for accidental discharges from their property in the event of a heavy storm or flood.
Source: California Farm Bureau Federation