2. Water Quality Protection And Improvement

3. 30+ Years of the Clean Water Act Most industries, municipalities, and other dischargers of pollutants were not being very good stewards when it came to the nation’s surface waters. Congress in the early 1970s recognized this problem and passed into law the Clean Water Act of 1972. One of the key components of this Act that was put in place to protect and improve the water quality of the nation’s surface waters was the National Pollutant Discharge Elimination System (NPDES) Permitting Program.

4. Key definitions from the Clean Water Act 40 CFR Section 122.2 – Definitions Point Source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.

5. Key points and definitions from the Clean Water Act CAFOs were clearly defined as “point sources” even 30+ years ago and as a discharger of pollutants. 40 CFR Part 122.1 (b) states that “The NPDES program requires permits for the discharge of pollutants from any point source into waters of the United States. 40 CFR Part 122 are the federal rules dealing with the administration of the entire NPDES program including the permitting of point sources.

6. Key points and definitions from the Clean Water Act Title 47, Series 10 of the WV Legislative Rules entitled “National Pollutant Discharge Elimination System (NPDES) Program” are nearly a mirror image of 40 CFR Part 122 of the Federal Code 47 CSR 10 Section 13.1 (Draft) is a mirror image of 40 CFR Part 122.23 that deals exclusively with CAFOs within the NPDES program.

7. Concentrated Animal Feeding Operations points and definitions 40 CFR Part 412 – Effluent Limitation Guidelines (ELGs) and Standards issued specifically for the Concentrated Animal Feeding Operations (CAFO) Point Source Category. These standards must be included as a part of a CAFO NPDES Permit and permitted CAFOs are required to comply with the applicable standards. There is no equivalent statutory state standards currently in place in WV, so these federal standards apply.

8. Concentrated Animal Feeding Operations points and definitions A CAFO is a specific category of AFO. You cannot be a CAFO unless you first meet the statutory definition of an “Animal Feeding Operation (AFO)”. AFOs are defined as a lot or facility where: 1.Animals have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period AND 2.Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

9. Concentrated Animal Feeding Operations points and definitions The confinement period does not have to be 45 days in a row and the 12 month period can be any consecutive 12 month period. This does not mean that any vegetation at all in a confinement area (pen or feedlot) would keep an operation from being defined as an AFO. Pasture and rangeland grazing operations are not AFOs because they do not confine or concentrate animals in an area where manure builds up. But these operations may have barns, feedlots, pens, or houses that would meet the definition.

10. Concentrated Animal Feeding Operations points and definitions You are a Large CAFO if you: –Meet the definition of an AFO and –Meet or exceed the large CAFO animal number thresholds and –Meet at least one of the two “discharge criteria” from the production areas (not the land application areas) These are the CAFOs that probably need to apply for an NPDES permit to the WVDEP if they discharge or propose to discharge pollutants.

11. Concentrated Animal Feeding Operations points and definitions You are a Medium CAFO if you: –Meet the definition of an AFO and –Fall within the medium CAFO animal number ranges and –Meet at least one of the two “discharge criteria” from the production areas (not the land application areas) These are the CAFOs that probably need to apply for an NPDES permit to the WVDEP if they discharge or propose to discharge pollutants.

12. Concentrated Animal Feeding Operations points and definitions If it is determined that an AFO is a significant contributor of pollutants to waters of WV, that AFO can be DESIGNATED as a CAFO and subject to obtaining permit coverage, even if you don’t meet the statutory definitions of a large or medium CAFO.

13. A CAFO proposes to discharge if it is designed, constructed, operated, or maintained such that a discharge will occur. Concentrated Animal Feeding Operations points and definitions

14. The largest component of a WV/NPDES Permit for CAFOs is the required Nutrient Management Plan. The CAFO rules also go into great detail about the development of the nutrient land application rates. The NMPs are part of the draft permits and subject to examination by the public.

15. QUESTIONS