KEY REGULATIONS • Chapter 6, LEAP • Federal • State • Ohio EPA • Ohio Dept. of Agriculture • Ohio Dept. of Natural Resources • Ohio Dept. of Health • County and Township
FEDERAL REGULATIONS: • US EPA: Federal Water Pollution Control Act (a.k.a. Clean Water Act) • Regulates discharges from “point sources” • “Concentrated” livestock feeding operation = point source • Manure storage and direct discharges only factors controlled • Coastal Zone Act
STATE REGULATIONS:OHIO EPA • NPDES (National Pollution Discharge Elimination System) Permits only
NEW RULES CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs) April 2003 US EPA
Under the new rules: All CAFOs will be required to apply for a federal NPDES permit Submit an annual report Develop and follow a plan for handling, storing and applying animal manure and wastewater.
To be considered a CAFO: must first meet the definition of an animal feeding operation (AFO). AFO: a facility that confines animals for at least 45 days in a 12-month period and there is no grass or other vegetation in the confinement area during the normal growing season. An operation is a CAFO if it meets the definition of an AFO and meets one of the following CAFO definitions:
Large CAFO - An operation is a large CAFO if it has at least: 700 mature dairy cows 1,000 beef cattle or heifers 2,500 swine weighing more than 55 pounds 10,000 swine weighing less than 55 pounds 30,000 ducks (other than liquid manure systems) 5,000 ducks (liquid manure handling systems) 30,000 chickens (liquid manure handling systems) 125,000 chickens except layers (other than a liquid manure system) 82,000 laying hens (other than liquid manure systems) 1,000 veal calves 500 horses 10,000 sheep or lambs, or 55, 000 turkeys
Medium CAFO - An operation is a medium CAFO if a man-made ditch or pipe carries manure or wastewater from your operation to surface water, or your animals come into contact with surface water running through the area where they are confined, and your operation has at least: 200 mature dairy cows 300 beef cattle or heifers 750 swine weighing more than 55 pounds 3,000 swine weighing less that 55 pounds 10,000 ducks (other than liquid manure handling systems) 1,500 ducks (liquid manure handling system) 9,000 chickens (liquid manure handling system) 37,500 chickens except layers (other than liquid manure handling systems) 25,000 layers (other than liquid manure handling systems) 300 veal calves 150 horses 3,000 sheep or lambs, or 16,500 turkeys
No matter the size of a livestock, dairy or poultry facility: * If it is an AFO, it may be designated a CAFO if it is found to be adding pollutants to surface waters.
OHIO DEPARTMENT OF AGRICULTURE • Senate Bill 141 (December 2000) • Rules effective August 2002 for issuing: • permits to install • permits to operate • operations that meet the definition of a large CAFO
RULES COVER: • Certified livestock manager (10,000 + animal units) • review compliance certificates • permit transfer & modifications • siting criteria • geological explorations • manure storage ponds & treatment facilities (lagoons)
inspections, maintenance, monitoring • manure management plan • mortality disposal • record keeping • emergency plans • closure
Insect & rodent control • general permits • complaints • enforcement procedures • civil penalties • emergency enforcement • public notice & meeting requirements
OHIO DEPT. OF NATURAL RESOURCES-Soil & Water Conservation • All operations (especially medium & small) • Voluntary nutrient management plans can be filed and approved by local SWCDs • Application rates based upon a combination nitrogen and phosphorus limitation • Plans can become mandatory if complaint verified
OHIO DEPT. OF NATURAL RESOURCES - Wildlife • Have authority over any size operation when streams are polluted • stream littering laws • wildlife “takings” (fish kills) • Immediate response - large fines
COUNTY or TOWNSHIP • Some more specific requirements on the books • Question of legality if agriculture is restrictively zoned in any fashion
“Nuisance” Law • Based on the right of landowners to be free from unreasonable interference with the enjoyment of their property. • If against livestock producers, often --> odor, noise, dust, flies, & rodents. • 2 Ohio Statutes: • Public Nuisance (ORC 3767) ~ Health Dept. • Farmland Preservation Act (ORC 929) ~ Ohio’s “Right to Farm” Law
TWENTYTIPS FOR RESPONDING TO A NUISANCE SUIT“ Think Prevention” Pages 46 through 47 of your LEAP Manual
OHIO LINE FENCE LAW Chapter 971 Ohio Revised Code (ORC) Determines how line fences are to be constructed, paid for, and maintained and provides a process for assigning and enforcing the rights of landowners sharing the fence.
Ohio Livestock Coalition Good Neighbor Policy • Don’t spread manure on Fridays or Holidays. • Spread manure environmentally. • Explain what you do and why. • Explain harvest and planting work demands. • Take opportunities to educate. • Have an open house or picnic. • Be helpful.