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

2.  Federal Regulations

The Clean Water Act

The goal of the Clean Water Act (CWA) is to protect and restore the physical, chemical, and biological integrity of our nation’s waters.  The CWA sets the basic structure for regulating pollutant discharges to waters of the US.  The law gave EPA authority to set effluent standards on an industry basis and continued the requirements to set water quality standards for all contaminants in surface waters. The CWA makes it unlawful for any person to discharge any pollutant from a point source into navigable waters unless a NPDES permit is obtained.  

In the fall of 1997, Vice President Al Gore asked EPA to develop a Clean Water Action Plan to address water quality issues still remaining since passage of the CWA.  Included in these issues were Animal Feeding Operations (AFOs).  

In response to Vice President Gore’s request, EPA and USDA developed the Unified National Strategy for AFOs.  The Strategy calls for increased enforcement efforts and tighter restrictions on the management of animal waste. 

As a result of the National Strategy, EPA has developed a new five-year general NPDES permit for CAFO operations in Arizona.  The permit primarily regulates discharges to surface waters or waters of the US.  It requires that CAFOs have adequate waste retention facilities that can contain all wastewater generated from the operation and all rainwater that becomes contaminated as it passes through the operation from a 25-year, 24-hour storm event.  In addition, it requires that field applications of solid and liquid waste not exceed crop nutrient needs. 

This permit is voluntary.  However, if you don’t have a permit, and a discharge occurs, then you may be subject to penalties.  If you don’t have a permit and no discharge occurs, then you are okay.

Currently, EPA is proposing changes to the effluent limitation guidelines and NPDES regulations for CAFOs.  Over the next two years, the proposed changes to the rules will go through the normal rule making process.  The new rules will effect anyone not covered by a permit at the time the new permit is issued (approximately 2002) and will not effect current five year permit holders until they renew.

In order to determine compliance with the CWA and/or the Arizona NPDES general CAFO permit, EPA may inspect AFOs.  This section includes information on those inspections.  

A copy of the Arizona NPDES General Permit for CAFOs is contained in this chapter.  See pages v-xii for Frequently Asked Questions regarding the permit. 

For more information on the Clean Water Act, see page xiii for websites.

Page updated 7/02

Arizona
Dept. of
Agriculture