STATE

GENERAL DISCHARGE PROVISION

ANIMAL FEEDING OPERATION PROVISIONS

Alabama

Authorized to run state NPDES program.

State NPDES program defers to federal NPDES language regarding regulation of CAFOs. The state has no additional CAFO regulation beyond federal program.

Alaska

Not authorized to run state NPDES program. EPA issues NPDES permits in this state.

CAFOs must adhere to federal NPDES program.

New AFOs must follow farm conservation plans and have state-approved waste management systems.

Arizona

Not authorized to run state NPDES program. EPA issues NPDES permits in this state.

CAFOs must adhere to federal NPDES program.

AFOs are required to get general agriculture permits. These state permits require employing best management practices that are recommended by state advisory committee on AFOs. If AFO violates application of best management practices, the state may withdraw general permit and require individually tailored aquifer protection permit.

Arkansas

Authorized to run state NPDES program.

Requires AFOs to obtain operating permits. Under the permits, all CAFOs must follow waste management plans. All AFO operators must be certified by the state. Land application of manure is strictly regulated.

California

Authorized to run state NPDES program.

AFOs discharging into surface water must obtain an NPDES permit. Those with discharges that effect groundwater must file a report of waste discharge with the state and may be required to follow state-imposed water discharge requirements. State has authority to waive permit requirement. Failure to adhere to the terms may lead to permit revocation.

Colorado

Authorized to run state NPDES program. State may control nonpoint sources but such regulations must be necessary to meet state or federal laws.

All CAFOs with 1000+ animal units or individually designated CAFOs must be no-discharge facilities. Establishes standards intended to protect groundwater from wastewater retention structures and land application of manure. CAFOs that violate the regulations are required to follow a state-approved manure and wastewater management plan. Monitoring is only required of CAFO in violation. All AFOs regardless of size are required to follow best management practices.

Connecticut

Authorized to run state NPDES program.

State NPDES program defers to federal NPDES language regarding regulation of CAFOs. The state has no additional CAFO regulation beyond federal program.

Delaware

Authorized to run state NPDES program.

Voluntary: producers are encouraged to control waste by voluntarily employing best management practices and conservation measures. Low interest loans from a state pollution control revolving loan fund are available to help producers develop and implement such measures and practices. Technical assistance is also available to producers.

Regulatory: CAFOs must obtain NPDES permits. Permits are also required for manure storage facilities, such as lagoons, as well as for land application of manure. Also regulated are "bad actors" who do not participate in the voluntary program or who pollute.

District of
Columbia

Not authorized to run state NPDES program. EPA issues NPDES permits.

CAFOs must adhere to federal NPDES program. The District has no specific CAFO program.

Florida

Authorized to run state NPDES program.

Permits are required for CAFOs with 1000+ animal units that discharge and smaller facilities that discharge in amount resulting in violation of water quality laws. No regulation is imposed on AFOs regardless of size provided the facility does not discharge. More stringent regulations are imposed on dairy facilities located in specific, environmentally sensitive areas.

Georgia

Authorized to run state NPDES program.

CAFOs (as defined by federal regulations) that discharge must obtain a general or individual permit and employ best management practices.

Hawaii

Authorized to run state NPDES program.

State NPDES program defers to federal NPDES language regarding regulation of CAFOs. The state has no additional CAFO regulation beyond federal program.

Idaho

Not authorized to run state NPDES program. EPA issues NPDES permits in this state.

State has limited authority to regulate nonpoint sources. Prohibits new nonpoint sources from discharging substances that will impair clean water resources.

CAFOs must adhere to federal NPDES program.

CAFOs that voluntarily implement best management practices for nonpoint sources are exempt from enforcement of state water quality regulations. CAFOs that have violations that lead to degradation of water quality must review and possibly alter best management practices.

Illinois

Authorized to run state NPDES program.

State regulates by imposing setback requirements, lagoon standards and restrictions on land application of manure. Annual inspection of lagoons on large CAFOs (more than 1000 animal units) are required. Moderate size CAFOs (1000-7000 animal units) required to have general waste management plans but no state review or approval is required. All extra large CAFOs (more than 7000 animal units) must develop and follow state approved manure management plans.

Indiana

Authorized to run state NPDES program.

All AFOs with 300+ cattle or 600+ hogs or sheep as well as smaller operations that discharge must submit and receive approval from the state to operate. To be approved, CAFOs must develop and submit plans and specifications of the facilities, manure management plans, maps showing location of facilities and land application of manure, and other information.

Iowa

Authorized to run state NPDES program.

All land application of manure must be done by injection, not spreading. Complex setback requirements are imposed. Calls for hiring 12 additional inspectors for oversight of CAFOs. County authority to regulate or zone agricultural facilities is severely limited by statute.

Kansas

Authorized to run state NPDES program. State authorized to shut down operations that violate water quality standards.

State imposes some AFO construction and operation regulations. AFOs with 300+ animal units must register with the state. Some setback limits are imposed. Counties may vote to keep corporate farms (but not independent or "family" farms) out of their area.

Hog facilities are required to obtain permits and are subject to inspections. Permits may be denied or revoked from "bad actors." Large facilities with 1000+ hogs must follow state- approved manure management plans. Construction and operation standards are imposed on swine waste lagoons.

Kentucky

Authorized to run state NPDES program. Violations by agricultural industry are handled under agricultural law rather than more stringent water quality law.

Moratorium was placed on new animal production facilities in order to update statutes and regulations relating to CAFOs.

CAFOs are required to obtain permit and follow state-approved nutrient management plan. Hog facilities face new, stricter regulations. Counties have authority to regulate CAFOs.

Louisiana

Authorized to run state NPDES program.

Promotes voluntary measures for proper handling of animal waste. Educates industry on available technical and financial resources for developing waste management plans and installing waste management systems. After completing an extensive review of best management practices, state officials provide information and technical assistance on the most effective waste control measures.

Maine

Not authorized to run state NPDES program. EPA issues NPDES permits in this state

State requires permits for point and nonpoint source discharge unless discharge is in compliance with approved agricultural erosion and sediment control plan.

CAFOs must adhere to federal NPDES program.

Currently implementing new nutrient management law. The new law places a moratorium on hog facilities with 500 or more animals, expires September 1999. Nutrient management plans are immediately required for all new CAFOs with total animal weight of 1000+ lbs. And all AFOs that violate water standards. By May 1999, CAFOs with 300+ animal units must have livestock operation permits. By December 1999, ban imposed on winter spreading of manure. By January 2001, NMPs will be required for all AFOs with 50+ animal units or that use 100 tons of off-farm manure. By October 2005, all AFOs must have NMPs.

Maryland

Authorized to run state NPDES program.

CAFOs with gross income more than $2500 or that house more than eight animal units must follow state-approved nutrient management plans. Funding and technical assistance are available to help with plan development. Land application of manure is regulated.

Massachusetts

Not authorized to run state NPDES program. EPA issues NPDES permits in this state.

CAFOs must adhere to federal NPDES program. No specific state CAFO program.

Michigan

Authorized to run state NPDES program.

State promotes voluntary measures intended to control agricultural nonpoint source pollution. State provides financial and technical assistance to help CAFOs implement generally accepted agricultural and management practices (GAAMPs). CAFOs utilizing GAAMPs are exempt from nuisance laws. Other incentives include making available tax breaks and low interest loans for CAFOs that implement voluntary pollution control measures.

Minnesota

Authorized to run state NPDES program.

General permits are issued for CAFOs, no inspection is required. CAFOs that cause environmental problems must obtain permit tailored to their specific operation and inspections are required. CAFO operators must have state certification. State will review current CAFO program to determine if changes are needed to protect human health and the environment. Counties have authority to regulate CAFOs by imposing moratoriums and zoning ordinances. Counties may be delegated responsibility for state permit programs. Local regulations may be stricter than the state's.

Mississippi

Authorized to run state NPDES program.

A 1998 law imposed a two-year moratorium on construction and expansion of CAFOs with 200+ hogs. Up to five "innovative" facilities may be exempted from the moratorium. The Department of Environmental Quality is required to monitor hog CAFOs then report findings and guidance to the legislature by 1/1/99. Counties retain authority to regulate and zone CAFOs.

 Missouri

Authorized to run state NPDES program.

Hog CAFO operators are required to inspect flush system and lagoons every 12 hours to check for discharge or leaks. All unauthorized discharges must be reported to the state and neighbors within 12 hours. Setback requirements are imposed. New CAFOs must inform neighbors of construction plans. Local governments are prohibited from regulating farm construction or structures.

Montana

Authorized to run state NPDES program. Prohibits discharge in or near water that may lead to formation of sludge deposits, create floating debris, produce odors, result in levels of toxins harmful to humans, animals or plants, or create an environment that may attract undesirable species.

CAFOs must adhere to state NPDES permit program. Additional state permit requirements may also be imposed depending on CAFO location, such as near stream banks, stream beds, wetlands or conservation districts.

Nebraska

Authorized to run state NPDES permit program.

CAFOs that are or may discharge into water resources must obtain permit. Monitoring may be a condition of the permit. Permits to "bad actors" may be denied. Large facilities are required to notify the neighboring public of plans to build or expand facility.

State constitution bans corporate farming. Counties are authorized to impose zoning ordinances on individual or family farms. Only minimal state media-specific policies exist to regulate CAFOs.

Nevada

Authorized to run state NPDES program. Regulates point sources and nonpoint sources.

State discharge permits are required for all CAFOs with 1000+ animal units or certain operations that are designated CAFOs due to discharge.

State NPDES program defers to federal NPDES language regarding regulation of CAFOs.

New Hampshire

Not authorized to run state NPDES program. EPA issues NPDES permits in this state.

CAFOs must adhere to federal NPDES program. No specific state CAFO program.

New Jersey

Authorized to run state NPDES program.

State NPDES permits are required for the following CAFOs: all facilities with 1000+ animal units, facilities with 300+ animal units that discharge, and all facilities that contribute to water pollution. All other AFOs must submit the following information to the state: number and type of animals, possible discharge, and owner information.

New Mexico

Not authorized to run state NPDES program. EPA issues NPDES permits in this state.

State authorizes promulgation of state regulations to control water pollution but has no statutory language applicable specifically to nonpoint sources.

AFOs must adhere to the federal NPDES permit program and/or the state ground water discharge permit program.

The state permit program requires AFOs to have ground water discharge plans for any discharge that may contaminate both ground and surface water. This includes discharge to storage lagoons and land application of nutrients. The program also requires monitoring, sampling and record keeping. All AFOs are encouraged to utilize pollution prevention.

New York

Authorized to run state NPDES program.

State NPDES program defers to federal NPDES language regarding regulation of CAFOs. The state has no additional CAFO regulation beyond federal program.

North Carolina

Authorized to run state NPDES program.

A 1997 law imposed a two-year moratorium on construction of new hog CAFOs with 200+ animals. Innovative facilities are exempt from the moratorium. Counties are authorized to regulate and zone large hog CAFOs with 4,000+ hogs but cannot place outright ban on CAFOs. Setback requirements are imposed on the location of facilities and surface application of manure. Certain waste disposal techniques are to be phased out. CAFOs must obtain general permits, no public review and comment or site inspection required.

North Dakota

Authorized to run state NPDES program.

All AFOs must register with the state. AFOs with 200+ animal units and all AFOs located in designated areas must submit waste handling or discharge plans for state approval and annual review. New CAFOs must receive approval prior to construction. If approval is revoked, CAFO may not acquire any new animals until problem is corrected.

Ohio

Authorized to run state NPDES program. Requires permits for discharge of pollution into water resources but exempts animal waste runoff as it is partially covered by state agricultural law.

CAFOs are encouraged to adopt operation and maintenance plans, subject to state approval. CAFOs with approved plans are protected from nuisance complaints. Towns are not allowed to impose ban or moratorium on new AFOs within their borders.

Oklahoma

Authorized to run state NPDES program. The law has been interpreted to regulate nonpoint as well as point sources.

CAFOs with 5000+ hogs must obtain an operating permit and provide detailed information on the operation. Operators of permitted CAFOs must have training in waste management. In addition, CAFOs must have building plans and pollution prevention plans that meet with state approval. Also required are record keeping, inspections, monitoring, and soil testing. Also imposed are setback restrictions, based on size, and lagoon standards. New CAFOs must provide public notice and opportunity to comment.

Oregon

Authorized to run state NPDES program.

In addition to requirements under general water pollution control program, AFO permits must specify maximum number of animals to be housed at the facility based on capacity. The Environmental Quality Commission and the state Agriculture Department are developing a joint strategy for controlling pollution from AFOs.

Pennsylvania

Authorized to run state NPDES program.

A 1998 law requires a study of existing statutes and regulations that apply to CAFOs. Operators of CAFOs will be required to take certification course, once established by the state.

Puerto Rico

Not authorized to run NPDES program. EPA issues NPDES permits.

CAFOs must adhere to federal NPDES program.

Rhode Island

Authorized to run state NPDES program.

State NPDES program defers to federal NPDES language regarding regulation of CAFOs. The state has no additional CAFO regulation beyond federal program.

South Carolina

Authorized to run state NPDES program.

Imposes regulations on hog CAFOs with 3000+ animals. Regulations include setback limits, lagoon standards, rules for land application of waste, separation distances, waste treatment methods and odor control. AFOs must obtain discharge permits. Requires any discharge from AFOs to meet safe drinking water standards. Owners and operators must complete training and certification program. Annual inspections are required for CAFOs with 1000+ hogs.

South Dakota

Authorized to run state NPDES program.

CAFOs (over 1000 animal units) must obtain general permit that requires soil testing, training in manure management, public notice and comment, and limited land application of manure. State may reject permit application submitted by "bad actor." Livestock Discharge Control: establishes a fund for cleanup of discharges. Revenue comes from fees collected from violators of water quality law. Voters passed a 1998 ballot initiative that bans corporate farming. Existing corporate CAFOs are exempt but are not allowed to expand. Counties have the authority to regulate siting of CAFOs.

Tennessee

Authorized to run state NPDES program. State law does not apply to nonpoint source discharge from agricultural activities.

Exempts normal noise and odor caused by livestock lots from state nuisance laws. Applies zoning requirements for CAFOs.

Texas

Authorized to run state NPDES program.

Currently implementing state NPDES program. Intends to merge federal and state permit process so CAFOs must apply for only one permit. All facilities with 1000+ animal units and all facilities that discharge must submit info to state in order to receive NPDES permit. All other AFOs must follow CAFO regulations but are not required to submit information or obtain permit. Two areas with dense concentration of dairy CAFOs are subject to stricter state regulation and must receive special permit from state.

Utah

Authorized to run state NPDES program.

CAFOs are required to obtain a state pollutant discharge elimination system permit. CAFO must provide state with the following information: type and number of animals, size of feed lot, control measures, waste storage capacity and safety measures. CAFOs are also subject to monitoring and reporting requirements.

Vermont

Authorized to run state NPDES program.

Voluntary: incentives including technical assistance, financial aid, and education, are provided to reduce nonpoint agricultural runoff.

Regulatory: permits are required for new or expanded facilities that increase capacity over statutory limits. Exempts nonpoint sources involving properly applied fertilizer on fields and crops.

Virginia

Authorized to run state NPDES program.

CAFOs with 300+ animal units are required to register with the state, obtain general pollution abatement permit and follow nutrient management plan. All permitted CAFOs must be inspected annually Statutory criteria are imposed regarding the design and operation of CAFOs. Criteria include standards for waste collection and storage facilities, nutrient management plans, monitoring programs. All CAFO operators must be certified by state run or approved program.

Washington

Authorized to run state NPDES program. The law does not allow permit program to control nonpoint sources.

Regulatory: All farms must be inspected by the state. Every licensed dairy producer must register with the Dept. of Ecology. All dairy farms must develop and implement certified nutrient management plan. Also,

Operations with over 700 animal units and those that discharge nutrients into ground or surface water are designated as "CAFOs." All CAFOs are required to obtain NPDES permits.

West Virginia

Authorized to run state NPDES program. The program does include nonpoint source restrictions. The law prohibits imposing specifications for equipment design, construction or method used to reduce pollution discharge.

State NPDES program defers to federal NPDES language regarding regulation of CAFOs. The state has no additional CAFO regulation beyond federal program.

Wisconsin

Authorized to run state NPDES program. Requires regulations for nutrient management plans including compliance requirements, incentives, education and outreach.

Requires CAFOs with 1000+ animal units to have a state permit and a state approved animal waste management plan. Smaller AFOs are investigated and regulated upon public complaint. Also, local governments are authorized to impose state-approved regulations that do not exceed state law on CAFOs. State may halt operations that contribute nonpoint source pollution if such pollution is significant and impairs water quality.

 Wyoming

Authorized to run state NPDES program.

CAFOs are included under the definition of a point source and are regulated under the state NPDES program.

Swine facilities with 1000+ animal units are required to obtain permit, follow manure management plans, adhere to setback requirements and allow public comment. Counties are authorized to regulate CAFOs, provided regulations are at least as stringent as state regulations.