1. 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

2. 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.

3. 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

4. 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

5. 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

6. 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.

7. Any questions? Ginny Prest Dairy Nutrient Management Program
P: C:

9. 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 ).  
Enforcement Stats

10. Challenges/Gaps Can be fixed with Rule making
Need to update WAC 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

11. Authorities Livestock/Manure Routine Inspections Complaint Responses
Informal
Enforcement
Formal
CAFO Permit
Administration
Non-permitted dairies
WSDA Lead, Chapter RCW
WSDA
If discharge, coordinate per MOU
Ecology
Determines if permit is required per MOU
Permitted CAFOs, dairy and non-dairy
Ecology Lead, Chapter 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

12. Comparison of regulatory requirements
Non-dairy AFO/CAFOs
Dairies AFO/CAFOs
RCW Water pollution control
Prohibited to discharge
Penalty up to $10,000/day/violation
RCW Technical Assistance
Regulatory agencies must provide regulatory TA
RCW 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 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

13. 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

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

15. 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.

16. 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.