Regulations for Livestock & Poultry Producers

The Clean Water Act regulations for Concentrated Animal Feeding Operations (CAFOs) were changed in December 2002. These newly revised regulations change the permit requirements for some livestock operations. Some facilities that did not need permits are now required to have them. Generally, if you have only a few animals you won’t need a permit. However, even if you do not have a permit, you cannot pollute.

Confined Animal Feeding Operations

A Confined Animal Feeding Operation (CAFO) is the concentrated confined feeding or holding of animals or poultry, including but not limited to horse, cattle, sheep or swine feeding areas, dairy confinement areas, slaughterhouse or shipping terminal holding pens, egg production facilities and fur farms in buildings which the surface has been prepared with concrete, rock, or fibrous material to support animals in wet weather. These facilities will have wastewater treatment works or discharge any wastes into water of the state.

Along with the permit, all CAFOs must prepare an animal waste management plan which is a detailed description of the containment, treatment, storage and disposal of waste. The plan describes how compliance will be achieved and maintained. The amount of information required depends on the specifics of each facility.

Prohibited Activities

Without first obtaining a permit from the Director of the Department of Environmental Quality or the State Department of Agriculture, which shall specify applicable effluent limitations, no person shall:

• Discharge any wastes into the waters of the state from any disposal system.
• Construct, install, modify or operate any disposal system or part, extension or addition of one.
• Increase in volume or strength any wastes in excess of the permissive discharges specified under an existing permit.
• Construct, install, operate or conduct any industrial, commercial, CAFO or modification of one, which would cause an increase in the discharge of wastes into the waters of the state or otherwise alter the physical, chemical or biological properties of any waters of the state in any manner not already lawfully authorized.
• Construct any new outlet for the discharge of any wastes into the waters of the state.

The regulation states that no person shall “cause pollution of any waters of the state”. It is also prohibited to place any wastes in a location where they are likely to escape or be carried into the waters of the state by any means. If a discharge of any wastes reduces the quality of the water of the state below water quality standards defined by the Environmental Quality Commission, then it is prohibited.

Compliance Advice

While all livestock producers must prevent their livestock waste from polluting ground and surface waters, some livestock operations require permit coverage to be in compliance with the Federal Clean Water Act. In 1972, the federal government defined certain animal production operations as point sources requiring them to seek coverage under a National Pollution Discharge Elimination System permit (NPDES). The Oregon Department of Agriculture is in the process of assuming the responsibility of administering these permits in Oregon. In Jackson County, the local inspector can be contacted at (541) 955-9873. This specialist will assist landowners in determining if their operation is one that requires a permit and will help them through the permit process. Questions can also be directed to the Oregon Department of Agriculture, Natural Resources Division, CAFO program.

Any person operating a CAFO shall pay a fee except those operations of four months or less duration or that do not have waste water facilities.