Dairy Nutrient Management Program WSDA – Nutrient Application Education Project WA Dairy Industry Meeting November 10-11, 2015 Ginny Prest WSDA Dairy Nutrient Management Program Manager

Proviso Project = Nutrient application education project $575,000 of the state toxics control account Implement a training program for farmers Provides training in agronomic application of dairy nutrients Track completion of training when, where, and how much manure to apply to meet crop nutrient requirements and to protect waters of the state.

Proviso Project = Nutrient application education project Funds may also be used to increase inspection activities Filled 1.5 temporary positions to assist with project implementation. Locations 0.5 FTE Lynden and 1.0 FTE in Yakima. Additional 0.5 position in Olympia planned for Jan 2016.

Proviso Project = Nutrient application education project Work with interested stakeholders to identify curriculum 2016 to include Agronomic Application Right amount, right time, right place Risk analysis Weather, field conditions Recordkeeping Irrigation water management Feed management

Proviso Project = Nutrient application education project Work with interested stakeholders to identify gaps in the manure management program, including existing rules and statutory language, and Start date: Oct 2015 Completion date: Dec 2016

Proviso Project = Nutrient application education project Report to the governor and the legislature December 31, 2015 June 30, 2016, and on June 30, 2017 level of participation and results of the program.

Any questions? Ginny Prest Dairy Nutrient Management Program vprest@agr.wa.gov P: 360-902-2894 C: 360-529-7422

Enforcement Action 2013 &2014 Notice of Correction (17) Order (1) Discharge Potential to pollute Notice of Correction (17) Order (1) Notice of Penalty (11) 20% equipment malfunction, 28% lagoon, 48% field conditions/setbacks during land applications Warning Letter (122) Notice of Correction (27) 46% recordkeeping, 23% lagoon, 24% field conditions/setbacks WSDA notifies all producers that a discharge of pollution to waters requires a CAFO permit (RCW 90.48.160).   Enforcement Stats 2013- 2014

Challenges/Gaps Can be fixed with Rule making Need to update WAC 16-611 Nutrient Management Soil sampling protocols (timing and depths) Recordkeeping format Gaps in authority/accountability WSDA’s authority extends only to dairy facilities and land application acreage that falls under NMP WSDA cannot follow the manure when exported off the dairy and out of control of the dairy  Refer to Ecology Ecology lacks “access” authority similar to WSDA so non- dairies are not held to same regulatory requirements

Authorities Livestock/Manure Routine Inspections Complaint Responses Informal Enforcement Formal CAFO Permit Administration Non-permitted dairies WSDA Lead, Chapter 90.64 RCW WSDA If discharge, coordinate per MOU Ecology Determines if permit is required per MOU Permitted CAFOs, dairy and non-dairy Ecology Lead, Chapter 90.48 RCW Established by MOU Coordinated per MOU Ecology/WSDA Coordinate per MOU WSDA assists per MOU Non-permitted other AFOs and CAFOs N/A Non-AFOs - Pasture, Rangeland or Small Livestock Manure complaints when the responsible party is uncertain WSDA lead for initial response and to determine if dairy is responsible per MOU WSDA will handle follow up if dairy is responsible Ecology may handle follow up with any non-dairy party MOU= Memorandum of Understanding between WSDA and ECY, November 2011

Comparison of regulatory requirements Non-dairy AFO/CAFOs Dairies AFO/CAFOs RCW 90.48 Water pollution control Prohibited to discharge Penalty up to $10,000/day/violation RCW 43.05 Technical Assistance Regulatory agencies must provide regulatory TA RCW 90.64 Dairy nutrient management All dairies licensed by Food Safety required to: .017 Register with the program .026 Develop nutrient management plan .010 Prevent discharges .010 Maintain records WSDA must: .023 Implement inspections of dairies .026 Monitor development of nutrient management plan .030 Investigate water quality violations .130 Maintain database .150 Penalty account – use for grants .190 Report certain information in ranges .200 Authority to access dairies .901 Transferred programs to WSDA, 2003 WAC 16-611 Nutrient management .020 Establishes recordkeeping requirements for dairies .200 Penalty for lack of recordkeeping .300 Penalty for discharge of pollutants License from FS triggers DNMP work with dairy

Program must Survey for evidence of violations Identify corrective actions for actual/imminent discharges that violate or could violate the state's water quality standards Monitor development and implementation of dairy nutrient management plans Identify dairy producers that will benefit from technical assistance programs

DNMP Mission Protect water quality from livestock nutrient discharges Help maintain a healthy agricultural business climate

How we do our work Clear guidance, education, and technical assistance Equitable enforcement of state and federal water quality laws Good communication with industry, related agencies, and other stakeholders Emphasize producer and stakeholder communication.

The results In 2013 and 2014 combined, approximately 94% of identified issues were addressed through informal enforcement such as Warning Letters and Notices of Correction. 6% proceeded to formal enforcement (Civil Penalty or Administrative Order).  Enforcement issues addressed generally fall into three categories – where manure is applied, when manure is applied, and how much manure is applied.  Most Penalties include a settlement process: Reduction in penalty Required to adopt specific management practices Required not to discharge If management practices not adopted or if a discharge occurs within 36 months, then collect the entire penalty The good news…end with a bit about working with stakeholders to educate, assist, inform…to avoid situations that lead to compliance actions.