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Concentrated Animal Feeding Operations (CAFOs) that discharge or propose to
discharge are considered a point source
of pollution and are regulated under the National Pollutant Discharge Elimination
System (NPDES) permitting process. In 2003, the federal Environmental Protection Agency revised
the Clean Water Act
regulation
for Concentrated Animal Feeding Operations,
or CAFOs. If you believe your operation is a CAFO and you discharge or propose
to discharge to state waterways, you should apply for a permit.
The Department of Ecology administers the CAFO general permit. The Department of Agriculture
inspects the CAFOs and works with them to solve
compliance problems. In December 2004, the Department of Ecology started
development on the general NPDES permit that covers all types of animal
feeding operations (AFO), including dairies. However, the draft CAFO Permit was put on hold due to a federal court
case. In February 2005, the 2nd Circuit Court of Appeals handed down
their final decision.
Ecology has issued a CAFO General Permit that incorporates changes from the USEPA 2003 Federal CAFO
Rule, the court decisions, and 2 public comment periods. The effective
dates of the permit are from July 21, 2006 to July 21, 2011.
USEPA is in the process of incorporating the 2nd Circuit Court Ruling into the
2003 CAFO Rule. The public comment period for the changes ended on August 29, 2006.
EPA has not published the final rule revisions.
Environmental and agricultural communities appealed Ecology's CAFO General Permit. Since no stay was requested, the permit became effective as written on July 21. A hearing in front of the Pollution Hearings Control Board has been set for April 30, 2007, May 1-4 and May 7, 2007.
On August 31, 2006 the Pollution Control Hearings Board (Board) received a Notice of Voluntary Dismissal from the appellant Cow Palace. The Board accepted their dismissal request and removed them from the appeal.
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| Permit Application |
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