Water Quality and Animal Feeding Operations in Arizona: A Producer's Notebook

Summary of ADEQ’s CAFO Compliance Inspection Program

Submitted by ADEQ
www.adeq.state.az.us

Note:  Any violations that the state may find are violations of the state general agricultural permit and are not necessarily violations of the federal permitting requirements for CAFOs. 

Why Livestock Facilities Are Inspected in Arizona By ADEQ

Nationwide and in Arizona, the potential for surface and ground water pollution exists through livestock facility discharge of manure-contaminated run off to natural waterways and through wastewater leaching to aquifers.  ADEQ has established a Concentrated Animal Feeding Operation (CAFO) Inspection Program for the purpose of evaluating individual livestock facilities for potential or existing off-site discharges of wastewater and impacts to aquifers.  In order to curtail unauthorized discharges, recommendations, notices of opportunity to correct and notices of violations are issued to livestock facilities to initiate the corrections of deficiencies in waste-management practices and waste-handling structures.  Additionally, and if warranted, an administrative or civil action may be taken to compel compliance. 

ADEQ’s Regulatory Authority For Livestock Facility Inspections And Waste Management Enforcement

The authority of ADEQ employees to inspect livestock facilities is granted through Arizona Revise Statutes (A.R.S.) § 49-203B.1.  ADEQ inspections of livestock facilities are performed to evaluate livestock facility compliance with Arizona Administrative Code (A.A.C.) R18-9-402 (agricultural general permits: nitrogen fertilizers); A.A.C.R18-9-403 (agricultural general permits: concentrated animal feeding operations); A.A.C. R18-11-108 (narrative water quality standards); and A.A.C. R 18-11-109 (numeric water quality standards).  The agricultural general permit rules have been adopted pursuant to A.R.S. § 49-247 and the surface water quality standards rules have been adopted pursuant to Article 2, Chapter 2, of A.R.S. Title 49.

EPA’s Regulatory Authority For Livestock Facility Inspections And Waste Management Enforcement In Arizona

The United States Environmental Protection Agency (EPA) also has regulatory authority to conduct inspections of livestock facilities independently or jointly with ADEQ.  EPA’s authority to inspect Arizona’s livestock operations is derived from the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) regulations.  Presently, ADEQ does not yet have primacy (authority) to enforce the NPDES regulations or permits, therefore, livestock facilities may be inspected for compliance with applicable federal and state rules and requirements by both the ADEQ and EPA.

Which Livestock Facilities Will Be Inspected By ADEQ

Currently, ADEQ is conducting an initial round of statewide inspections of all livestock operations which have about 300 Animal Units (Aus) or more.  Subsequent inspections may be limited to: facilities with more than 1,000 AUs, facilities with less than 1,000 AUs with previous waste management problems, or facilities in close proximity to waterways ("water of the state").  In addition to routine compliance inspections, ADEQ responds to livestock facility discharge complaints.

Upon arrival, an ADEQ inspector will present an ADEQ photo identification badge.  The inspector will explain and review the Notice of Inspection Rights form, applicable rules, and checklist to be used during the inspection.  Copies of the form, rules, and checklist will be provided for the facility owner or representative and then the inspector will tour the facility accompanied by the owner or representative.  The inspector will take photographs and global position (GPS) measurements of the facility.  Water samples may be collected if a discharge of contaminated run-off by manure, wastewater or tailwater is observed.  Inspections generally take forty-five minutes to two hours to conduct depending on the complexity of the waste handling system and/or the presence of a discharge.  Upon completion of the inspection, the ADEQ inspector will discuss with the facility owner or representative any compliance problems observed during the inspection.  An inspection report will generally be sent to the facility within thirty days. 

Compliance with the Arizona General Permit:  The ADEQ inspector will be concerned with effective management of manure and wastewater at the facility.  Specifically, the ADEQ inspector is looking for compliance with the two agricultural general permits rules: numeric water quality standards and narrative water quality standards.  The ADEQ inspector will examine the following: site surface gradient and drainage flow, manure storage areas, handling of washwater, lagoon capacity and integrity, and the potential or actual release of tailwaters containing wastewater (lagoon water) off the facility site.  Basically, the ADEQ inspector is looking for any actual or potential run-off or discharge of water contaminated by animal wastes from the facility.  If evidence of actual or potential discharge is observed during the inspection, the final destination of the wastewater will be tracked to determine if there is a connection to a surface water.

Compliance with NPDES regulations:  ADEQ will make a notation of any federal violation observed during an inspection.  The violation will be mentioned in the inspection report.  ADEQ will notify EPA of any violation it finds. 

Compliance with Drinking Water System Regulations:  In addition to compliance with the Arizona general permits for livestock facilities, the ADEQ inspector will determine if a facility may qualify as a drinking water system.  If the ADEQ inspector believes that the facility may qualify, then the facility will be referred to Drinking Water personnel at ADEQ or the delegated county. 

Compliance with Section 404 of the Clean Water Act:  Also, if an alteration of a Water of the U.S. is observed, the facility will be referred to the U.S. Army Corps of Engineers for possible 404 permit requirement or violation.  Alteration of a waterway (including dry washes) include; removal or addition of material or changing the course of the waterway.  If lagoons or other waste containing structures are observed in a wash or waterway during an inspection, the facility could be referred to flood control districts for possible enforcement action.

Based on the state agricultural general permits and water quality standards, facilities will be evaluated and issued an inspection report with no violation, a notice of opportunity to correct (NOC), or a notice of violation (NOV).  When no notices of violations are issued, ADEQ will not pursue any compliance action, however, a facility may receive recommendations to improve waste handling at the facility.  In the case of ADEQ issuing an NOC or NOV, facilities are instructed to immediately cease discharges and are given a specific amount of time (usually up to120 days) to correct the violations.  Also, the EPA, US Army Corp of Engineers, counties, and flood control districts may seek violations for lack of compliance to their respective rules and regulations.  If compliance is not achieved through an NOC or NOV, ADEQ may take administrative or civil action.

NOCs are issued when actual or potential discharges of contaminated run-off or other wastewater discharges (such as washwater or lagoon water discharged into ditches) exist and do not have a connection to a "water of the state."  NOCs are also issued when contaminated tailwater (irrigation water mixed with lagoon water) discharges do not have a connection to a "water of the state."   In addition, NOCs are issued for violations of general Aquifer Protection Permit (APP) rules.

NOVs are issued when there is a connection to a water of the state and one of the following has occurred; an actual discharge of manure run-off, tailwater run-off (if a water quality standard is violated), or other wastewater discharge.  Connection to surface waters include "direct" discharges through pipes, channels, or ditches and also include "indirect" discharges into pipes, channels, ditches, and canals which connect to a ditch or canal that connects to a surface water.  An example of an indirect discharge would be: contaminated run-off flowing into a ditch, which connects to a feeder canal, which connects to the Buckeye Canal, which connects to the Gila River.

Escalation of enforcement action by ADEQ is possible when conditions of an NOC or NOV are not met.  For example, an NOC may lead to an NOV if violations are not corrected.  NOVs may lead to administrative orders if violations are not addressed.  For serious discharge cases, the maximum civil penalty a livestock facility can be fined by the Superior Court is $25,000.00 per day per violation, pursuant to A.R.S. § 49-262.C.

Copies of all of ADEQ’s inspection reports are sent to the EPA, therefore, the EPA is advised of the NOCs and NOVs issued in the state.  The EPA may seek enforcement of the Clean Water Act in addition to any enforcement action sought by ADEQ.  The EPA is authorized to enforce the provisions of the Clean Water Act including the CAFO requirements, as the State of Arizona currently lacks authority to enforce the Federal Clean Water Act and the NPDES permits.  The EPA may issue fines of up to $25,000 per day for each violation.  In cases where NPDES violations endanger the health or life of another person, the EPA can pursue criminal penalties of up to $250,000 and/or imprisonment of not more than fifteen years.

All notices of violations have "documenting compliance" which must be demonstrated before they are closed.  The specific means to achieve compliance (stopping and preventing discharges), is not provided by ADEQ.  However, ADEQ does point out what needs to be addressed and may make general recommendations to remedy the situation.  ADEQ informs the facility operators that the NRCS, Cooperative Extension Service, and private consultants may be able to assist the facility in addressing their discharge problems.

To close a notice, proof that compliance has been achieved must be provided by the facility.  Proof is provided through photographs, documentation and correspondence with the agencies or individuals which assisted the facility, on-site visits by ADEQ inspectors, copies of constructions plans, receipts of repairs, or correspondence from the facility owner.  Proof of compliance must be received by ADEQ, within the required time frame, in order for the notice to be closed and to avoid escalation of enforcement action.  During the subsequent inspections, ADEQ inspectors will determine if the facility has maintained the corrective actions.

What To Expect When the New NPDES General Permit Is Issued For Arizona

The effective date for the Arizona NPDES General Permit for CAFOs is August 27, 2001.  Once issued, CAFO operations can submit an NOI (Notice of Intent) to be covered under the general NPDES permit.  Some facilities may not be eligible for the general NPDES permit and  need to apply for coverage under an individual permit.  Under the general NPDES permit for CAFOs, operators will be required to develop a Best Management Plan (BMP) and a Nutrient Management Plan (NMP). 

A facility which is operating under an approved NMP may discharge stormwater from land application fields under the ‘agricultural stormwater exemption.’  Note: ADEQ currently considers discharges from land application areas as violations of the R18-9-402 agricultural general permit. 

Livestock Facilities (AFOs and CAFOs)

Arizona Department of Environmental Quality

Page updated 7/02

Arizona
Dept. of
Agriculture