CAFO Permitting by DEQ in Michigan Mike Bitondo & Bruce Washburn Water Resources Division Department of Environmental Quality

CAFO COC Progress 209 CAFO COCs 6 of those have been or will be terminated 198 have submitted applications & CNMPs 5 have not submitted their application & one of those is under enforcement

CAFO COC Progress 115 of those CNMPs have been reviewed by field staff A few are incomplete 24 COCs have been reissued Reissuance progress has been slower than we wanted

CAFO Permits Requirements at the Production Area –Adequate Manure Management –Proper Storage – NRCS 313 –Collection of Contaminated Runoff

CAFO Permits Requirements at Land Application Areas –Field by Field Analysis –Rates, Prohibitions, Methods, Setbacks

CNMP Comprehensive Nutrient Management Plan Storage Structure Requirements Best Management Practices Land Application Requirements

General Permits Applicable Statewide – not issued to a specific facility Certificate of Coverage (COC) issued to specific farm – provides coverage under a general permit Individual Permits Issued to a specific farm. Required under certain circumstances Requested by the CAFO to allow for special provisions not contained in the general permit (filter strips, less than six months storage, poultry farm specific)

NPDES Permit Process Application Draft COC or Permit Public comment/ public hearing process Issue Appeal process

Public Comment Process: 15 day comment period for COC reissuance 30 days for new COCs and individual permits

Public Meetings/Hearings Hearing only if requested by interested parties and determined appropriate by DEQ Responsiveness document prepared

Challenges to COCs/Permits Administrative process LARA Hearings officer Decision maker is the DEQ Director Next step is Circuit Court

Which CAFOs need Groundwater Permits? R specifies items to be permitted to discharged to the groundwater without a permit. Includes animal feeding operations with less than 5000 animal units which is defined as: 3500 dairy cows, 5000 beef cattle, 12,500 swine >55 lbs., 275,000 turkeys, 150,000 chickens, etc. CAFOs with more animals and that have a discharge (land application) must apply for a groundwater permit. Permit will include additional restrictions to protect groundwater including storage liner requirements and land application restrictions.

Groundwater Permits? Poultry CAFOs Beef Cattle CAFOs Dairy?

CAFO Permitting Progress 255 CAFO permits issued 13 applications pending 33 permits are (or will be) individual permits 235 are (or will be) COCs under a general permit 14 No Potential to Discharge Determinations (NPTDDs) granted Several permits cover multiple CAFOs each ???? CAFOs