DRAFT
Department of Environmental Protection
Office of Water Management
INTERIM PERMITTING POLICY
CONCENTRATED ANIMAL FEEDING OPERATIONS
December 16, 1997
Effective date __________________
Background: The Department of Environmental Protection (Department) has developed a draft Concentrated Animal Feeding Operation (CAFO) Strategy for Pennsylvania which proposes to coordinate state and federal regulations and permit programs to address federal requirements regarding CAFOS. This strategy has been published for comment. Upon receipt and consideration of the comments received, DEP will finalize the strategy and initiate steps to implement the strategy. This process will take time. Until the strategy is finalized and supporting regulations/permits are in place, the Department has established administrative procedures to coordinate an interim permitting program for newly proposed CAFOs.
Applicability of the Interim Policy:
This interim policy will apply to all proposed new or expansions of existing animal operations which result in over 300 animal equivalent (AEUs) units housed at the proposed animal concentration area regardless of the acreage available for manure disposal. The applicability of this policy will be determined from the number of AEUs identified in the Nutrient Management Plan completed under Chapter 83, Nutrient Management Regulations developed for the facility. In cases where a Nutrient Management Plan is not required, the calculation of AEUs used to determine the applicability of this policy shall be based on Section 83.262 of Chapter 83, Nutrient Management Regulations.
Interim Permit Requirement
CAFOS constitute facilities of potential pollution under the Clean Streams Law. Proposed CAFOs must obtain a Water Quality Management Part II permit from the Department for any proposed manure storage facility (lagoon, pit, etc.) prior to construction of any structures or improvements associated with a new or expanded operation. Prior to approval of the Water Quality Management Part II permit, the applicant must submit siting/ design plans and specifications for the manure storage facility. In addition, an approved Nutrient Management Plan or a Manure Management Plan must be submitted for DEP approval for all proposals within a Special Protection watershed.
Permit Coordination:
The issuance of all Department permits for CAFO proposals shall be coordinated. Department or County Conservation District approval of either an individual NPDES permit or coverage under a general NPDES for earthmoving activities regulated under Chapter 102, Erosion Control, shall be concurrent with the approval of the Water Quality Management Part II construction permit for the facility. Where a County Conservation District is unsure if a Chapter 102 permit is related to a CAFO. the Department should be contacted to assure proper coordination is achieved.
If a complete application for a Chapter 102, Erosion Control permit is received by the appropriate approving agency (DEP or County Conservation District) prior to the effective date of this policy, that application will be processed and permits actions taken without the above coordination. The Department will require the submittal of a Water Quality Management Part II permit subsequent to the issuance of the Chapter 102 permit.
However, a complete application for a Chapter 102, Erosion Control permit will not be processed without the above coordination where a proposed operation is to be located in the watershed of an Exceptional Value water because these waters must be protected at their existing water quality. Permit coordination is necessary to assure this level of protection is attained.
Public Participation:
The Department will provide the opportunity for public participation and public comment through a notice of receipt of the Water Quality Management Part II permit application and a notice of final action on the permit through publication in the Pennsylvania Bulletin and in local newspapers of general circulation. Public hearings/meetings will be conducted for all proposed CAFO activities in Exceptional Value watersheds. Public hearings or public meetings on other CAFO permit applications will be held upon request.