Water Quality Regulations
Under the authority of the Clean Water Act, the United States Environmental Protection Agency (EPA) implemented a federal rule in 2008 for Concentrated Animal Feeding Operations (CAFOs). This rule outlines how Animal Feeding Operations (AFOs) and CAFOs are regulated by EPA and authorized states across the country.
The new rule requires a National Pollution Discharge Elimination System (NPDES) permit for CAFOs (also called a CAFO permit) that discharge manure or nutrients into water sources. AFOs and large CAFOs that do not discharge, are not required by law to obtain a permit.
In Utah, two permitting options are available: a CAFO permit or Utah's AFO Permit-by-Rule.
Key Points for the Permits:
No manure, feed, or nutrients can be discharged into water sources
A Nutrient Management Plan (NMP) is needed for any permit
No exemption for large storm events
Routine inspections will be conducted by the Division of Water Quality (DWQ)
In addition to the Utah Pollution Discharge Elimination System (UPDES) (surface water) requirements, AFOs and CAFOs are subject to Ground Water Quality regulations. Depending on the total number of animal units at an animal feeding operation (see table below), the design for a liquid manure handling system must receive approval prior to construction from either the Natural Resources Conservation Service (NRCS) or the Division of Water Quality Ground Water Protection Section.
Key Water Quality Regulations Affecting Everyone
No discharges are allowed
No exemption based on storm event size, UNLESS a permit is obtained
If a permit is obtained, the Nutrient Management Plan (NMP) must be followed to have enforcement protection
for discharges occurring during 25 year, 24 hour storm events or greater
AFO size determined by number of animals within each category