Regulating CAFO Discharge (NC)
Frequently asked questions on NPDES permits for CAFOs
What's an NPDES permit?
NPDES stands for "National Pollution Discharge Elimination System." The federal Clean Water Act prohibits a point source from discharging pollutants into surface waters (e.g., rivers and creeks and estuaries) except in compliance with an NDPES permit. Under federal law, livestock operations that raise animals in confinement and meet certain size limitations (e.g., 2500 hogs, 1000 dairy cattle, or 30,000 birds that use a wet manure system) are referred to as "concentrated animal feeding operations" or CAFOs. The Clean Water Act defines CAFOs as "point sources" and requires them to obtain an NPDES permit.
Why did the state changing the type of permit livestock operations have to get?
In the past, citizen and environmental groups all over the country filed lawsuits against poultry, diary and hog operations that have discharged waste into rivers to require them to get NPDES permits that comply with the Clean Water Act. One of these lawsuits was filed in federal court in North Carolina against a Murphy Family Farm in Magnolia. The federal court ordered the company to apply for an NPDES permit. However, North Carolina had never developed an NPDES permit for livestock operations, choosing instead to develop a general non-discharge permitting program under state law. The U.S. Environmental Protection Agency ordered the state to develop a comprehensive NPDES permitting program to comply with the Clean Water Act.
So hog operations will now be able to discharge waste? Isn't this weaker than the state's non-discharge permit?
No. Because NPDES permits usually specify the amounts and concentrations of pollutants that the permittee is allowed to discharge, NPDES permits are often referred to as "discharge permits." However, regulations issued pursuant to the Clean Water Act prohibit CAFOs from discharging waste except during a 25-year, 24-hour storm, and then only if the operation has been properly constructed and maintained. An NPDES permit for CAFOs will not change the state's non-discharge requirements. However, federal regulations also allow CAFOs to discharge as a result of chronic rainfall, an exception that is not available under North Carolina law. This is an important issue for North Carolina that is discussed in more detail below.
What difference will having an NPDES permit make?
NPDES permits have a few important features that are not part of North Carolina's state program. First is public notice and access to records. This issue is discussed in more detail below. Second is citizen enforcement. Under state law, citizens have no right to initiate their own lawsuits for permit violations. If an animal operation has dumped waste into the river but the Division of Water Quality fails to enforce the law, private citizens have no recourse and have to live with that decision. In contrast, under the federal Clean Water Act, if the state and EPA fail to take an enforcement action, you have the right to file a lawsuit in federal court to force the operation to comply with its permit and federal law, and ask the court to assess a civil penalty to deter future violations. NPDES permits also require more monitoring of waste application and potential impacts to surface waters and certain groundwaters.
When so many farmers are in contract relationships with large integrators, isn't there some way for these integrators to be responsible for the pollution caused by huge animal operations so that farmers aren't left holding the bag?
Yes. The state could require that the integrator, i.e., the company that owns the hogs, be covered by the permit. That way, if there is a permit violation that causes pollution of our rivers, the company would share responsibility for the damage and could be required to clean up the problem and pay a penalty. Right now, farmers are solely responsible for violations, even though the companies exercise significant control over the contract-run operations. Co-permitting likely would lead to better compliance and fewer water quality problems. Although co-permitting is not part of the current draft, the state is requesting public comment on this issue. It seems that every time I pick up the newspaper, there's an article about wells being contaminated and folks having to drink bottled water.
Is the state planning to require groundwater monitoring around large animal operations and their sprayfields?
No, not as a matter of course. The state is proposing that groundwater monitoring may be required on a case-by-case basis only as an additional monitoring and reporting measure. Based on the serious risks to groundwater from contamination by animal waste through leaking lagoons, sprayfield runoff, and animal burial sites, groundwater monitoring should be a required for all permittees to protect against tainted drinking water and polluted waterways.
Since wet weather is a fact of life in North Carolina, why is the state proposing to allow animal operations to discharge during times of heavy rainfall?
This is a very important issue that the EMC and DWQ need to hear about. The state's current permitting program prohibits livestock operations from discharging waste during periods of chronic rainfall. This prohibition has been part of the state's permitting program since it was first developed in 1993. Guidelines issued by the state NRCS office and Cooperative Extension Service advise hog growers to draw down their lagoons in the summer so that they will have enough storage space, or "freeboard," to get them through the wet winter months. However, in three of the past five years, many growers have failed to properly manage their lagoons and have found themselves in freeboard trouble. When this happens, they have asked the Division of Water Quality to allow them to spray down their lagoons onto wet fields without actively growing crops. Although this practice has prevented large numbers of lagoon failures, it nevertheless has contributed to the nutrient pollution that chokes many of our eastern rivers and poses a threat to groundwater. Because federal law allows discharges as a result of chronic rainfall, the Pork Council, Farm Bureau and North Carolina Grange want DWQ to weaken state law and allow them to take advantage of this federal loophole. This request points to the failure of the lagoon and sprayfield system and the need to convert to environmentally protective methods of waste management and disposal. Instead of creating a new loophole for the hog industry, the state should refuse to weaken state law and should require growers to manage their waste to deal with North Carolina's weather.
I'm concerned about not knowing when someone might be planning to build a farm near my home or business. Will the current permits make sure that the state notifies the public in these situations?
No, public notice in this situation is not part of the current draft permits. State law requires notification of adjoining landowners, but not of the larger community. The state needs to hear that this an important permit condition for citizens who live and work near proposed animal operations and who want to be heard.
Will all animal operations in North Carolina have to apply for one of these NPDES permits?
No. The NPDES permits will apply only to those animal operations with more than 1000 animal units (i.e., 2500 hogs, 1000 dairy cattle or 30,000 birds with wet waste systems) or smaller operations that have discharged waste to surface waters have to get an NDPES permit. Smaller operations will continue to be covered by the state-wide general non-discharge permit. I feel very strongly about odor problems from large farms. Why isn't odor addressed in this permit? Odor is a very important public health issue. However, the federal Clean Water Act addresses only water quality concerns associated with livestock production. The state will continue to address odor concerns pursuant to the odor rules adopted by the Division of Air Quality.
