chapter 8: consequences of improper management. regulatory and legal issues discharge of animal...

Chapter 8: ConsequencesChapter 8: Consequencesof Improper Managementof Improper Management

Regulatory and Legal IssuesRegulatory and Legal Issues

• Discharge of Animal WasteDischarge of Animal Waste

• Willful DischargeWillful Discharge

• Water Quality StandardsWater Quality Standards

• Permit StatusPermit Status

• General PermitsGeneral Permits

• Water Pollution Control System Operators Water Pollution Control System Operators Certification CommissionCertification Commission

Discharge of Animal WasteDischarge of Animal Waste

• Means that waste is allowed to leave the animal waste Means that waste is allowed to leave the animal waste management system.management system.

• A discharge can take many routesA discharge can take many routes– broken pipe broken pipe – overflowing lagoonoverflowing lagoon– overirrigation of waste onto a fieldoverirrigation of waste onto a field

• Is a violation of state law unless it is the result of a 25-Is a violation of state law unless it is the result of a 25-year, 24-hour storm.year, 24-hour storm.

25-Year, 24-Hour Storm can deliver 5 to 9 inches of rain in 24 hours. A rainy period of 3 to 4 days that delivers 12 inches of rain does not qualify as a 25-year, 24-hour storm. You must contain all of this water!

Discharge of Animal WasteDischarge of Animal Waste

• A discharge, except those resulting from a 25-year, 24-hour A discharge, except those resulting from a 25-year, 24-hour storm, is subject to civil penalties of up to $10,000 per day storm, is subject to civil penalties of up to $10,000 per day with each day of the discharge considered a separate with each day of the discharge considered a separate offense.offense.

• The facility may also be required to obtain an individual The facility may also be required to obtain an individual nondischarge permit.nondischarge permit.

• If a waste system has the potential to cause an imminent If a waste system has the potential to cause an imminent health hazard, the county health director may issue an order health hazard, the county health director may issue an order to stop the pollution.to stop the pollution.

Willful DischargeWillful Discharge

• A man-made “conveyance” structure for the purpose of A man-made “conveyance” structure for the purpose of discharging animal waste. discharging animal waste.

• Conveyance may be a pipe or a ditch used to route waste Conveyance may be a pipe or a ditch used to route waste away from an animal operation or from a holding pit or away from an animal operation or from a holding pit or lagoon.lagoon.

• The penalty may be assessed regardless of whether there is The penalty may be assessed regardless of whether there is an actual discharge of wastes (for example, the presence of an actual discharge of wastes (for example, the presence of such a structure constitutes a violation).such a structure constitutes a violation).

Water Quality StandardsWater Quality Standards

• It is against the law for anyone, including farmers, to It is against the law for anyone, including farmers, to cause a water quality standard violation.cause a water quality standard violation.

• Example: An owner of a animal operation is subject Example: An owner of a animal operation is subject to civil/criminal penalties if runoff from their facility to civil/criminal penalties if runoff from their facility lowers the dissolved oxygen level in a stream below lowers the dissolved oxygen level in a stream below the standard.the standard.

Permit StatusPermit Status

• Another regulatory approach to deal with an animal Another regulatory approach to deal with an animal operation with verified waste discharges is to require operation with verified waste discharges is to require an individual nondischarge permit from DWQ.an individual nondischarge permit from DWQ.

• Such an approach is used where repeated violations Such an approach is used where repeated violations or willful violations are recognized. or willful violations are recognized.


• Existing DWQ regulations allow animal operations to Existing DWQ regulations allow animal operations to be “deemed permitted” until such time as a general be “deemed permitted” until such time as a general permit is issued, if the operation meets DWQ permit is issued, if the operation meets DWQ requirements and operates under the guidance of an requirements and operates under the guidance of an approved animal waste management plan. approved animal waste management plan.

• Loss of “deemed permitted” status requires you to Loss of “deemed permitted” status requires you to obtain an individual DWQ permit in order to continue obtain an individual DWQ permit in order to continue to operate.to operate.


• Existing facilities must have a waste management plan by Existing facilities must have a waste management plan by December 31, 1997December 31, 1997 if the facility serves: if the facility serves:– 250 or more swine250 or more swine– 100 or more confined cattle100 or more confined cattle– 75 or more horses75 or more horses– 1,000 or more sheep1,000 or more sheep– 30,000 or more confined poultry using a liquid waste management system30,000 or more confined poultry using a liquid waste management system

• A consequence of missing the deadline is that the “deemed A consequence of missing the deadline is that the “deemed permitted” status may be lost.permitted” status may be lost.


• Individual nondischarge permits require:Individual nondischarge permits require:– extensive waste and site evaluationsextensive waste and site evaluations– engineering design of system componentsengineering design of system components– detailed monitoring of operations with laboratory analyses of effluentdetailed monitoring of operations with laboratory analyses of effluent– additional buffers for waste applicationadditional buffers for waste application– regularly scheduled compliance visits by DWQregularly scheduled compliance visits by DWQ

• If violations are determined to be “malicious” or “willful intent,” If violations are determined to be “malicious” or “willful intent,” the violator is also subject to criminal charges for pollution the violator is also subject to criminal charges for pollution caused by the activity. caused by the activity.

General PermitsGeneral Permits

• Senate Bill 1217 requires that every animal operation serving Senate Bill 1217 requires that every animal operation serving more than the threshold numbers previously mentioned obtain a more than the threshold numbers previously mentioned obtain a general permit from the Environmental Management general permit from the Environmental Management Commission. The permit will be issued by DWQ. Commission. The permit will be issued by DWQ.

• Animal waste management systems “deemed permitted” on Animal waste management systems “deemed permitted” on January 1, 1997 may continue to operate on that basis until a January 1, 1997 may continue to operate on that basis until a permit is required by DWQ.permit is required by DWQ.

• New and expanding operations must apply for a general permit New and expanding operations must apply for a general permit before beginning construction.before beginning construction.

General PermitsGeneral PermitsAnimal Waste Management Plans:Animal Waste Management Plans:

• All permit applications will contain an approved All permit applications will contain an approved animal waste management plan, which includes all of animal waste management plan, which includes all of the following eight elements:the following eight elements:

– odor controlodor control

– insect controlinsect control

– animal mortalityanimal mortality

– riparian buffersriparian buffers

– waste and soil testingwaste and soil testing

– emergency management emergency management plansplans

– application ratesapplication rates

– record keepingrecord keeping

General PermitsGeneral PermitsInspections and Review:Inspections and Review:

• Animal operations will be visited a minimum of Animal operations will be visited a minimum of twice each year.twice each year.

• One will be an operations review conducted by the One will be an operations review conducted by the Division of Soil and Water Conservation. Division of Soil and Water Conservation.

• The other will be a compliance inspection conducted The other will be a compliance inspection conducted by the Division of Water Quality.by the Division of Water Quality.

General PermitsGeneral PermitsMandatory Reporting:Mandatory Reporting:

• Senate Bill 1217 states that certain violations are Senate Bill 1217 states that certain violations are immediately reportable to DWQ. immediately reportable to DWQ.

• The reporting requirement applies to any employee The reporting requirement applies to any employee of a state agency or a unit of local government who of a state agency or a unit of local government who is “lawfully on the premises and engaged in is “lawfully on the premises and engaged in activities relating to the animal operation.”activities relating to the animal operation.”

Mandatory ReportingMandatory Reportingany direct discharge of any direct discharge of animal waste into waters of the state.animal waste into waters of the state.

Mandatory ReportingMandatory Reportingany deterioration or leak any deterioration or leak in a lagoon system that poses an immediate in a lagoon system that poses an immediate threat to the environment.threat to the environment.

Mandatory ReportingMandatory Reportingfailure to maintain adequate failure to maintain adequate storage capacity in a lagoon that poses an storage capacity in a lagoon that poses an immediate threat to public health or the immediate threat to public health or the environment.environment.

Mandatory ReportingMandatory Reportingoverspraying animal waste overspraying animal waste either in excess of the limits set out in the animal either in excess of the limits set out in the animal waste management plan or where runoff enters waste management plan or where runoff enters waters of the state.waters of the state.

Mandatory ReportingMandatory Reportingany discharge that bypasses a any discharge that bypasses a treatment or collection system.treatment or collection system.

Water Pollution Control System Water Pollution Control System Operators Certification CommissionOperators Certification Commission

• The commission responsible for the certification of The commission responsible for the certification of animal waste management system operators is the animal waste management system operators is the Water Pollution Control System Operators Water Pollution Control System Operators Certification Commission (WPCSOCC). Certification Commission (WPCSOCC).

• The Certification Commission has established two The Certification Commission has established two types of animal waste management systems: types of animal waste management systems: – Type A Animal Waste Management Systems Type A Animal Waste Management Systems

– Type B Animal Waste Management SystemsType B Animal Waste Management Systems

WPCSOCCWPCSOCCType A Animal Waste Management Systems:Type A Animal Waste Management Systems:

• The Type A systems primarily rely on an anaerobic The Type A systems primarily rely on an anaerobic lagoon and soil/plant systems for the treatment of lagoon and soil/plant systems for the treatment of animal waste. animal waste.

• These systems are generally used to treat animal These systems are generally used to treat animal waste generated by animals that produce a low-fiber waste generated by animals that produce a low-fiber waste, such as swine and poultry. waste, such as swine and poultry.

WPCSOCCWPCSOCCType B Animal Waste Management Systems:Type B Animal Waste Management Systems:

• Type B systems primarily rely on soil/plant systems Type B systems primarily rely on soil/plant systems for the treatment of animal waste.for the treatment of animal waste.

• These systems are generally used to treat animal These systems are generally used to treat animal waste generated by animals that produce a high-fiber waste generated by animals that produce a high-fiber waste, such as cattle, horses, and sheep. waste, such as cattle, horses, and sheep.

WPCSOCCWPCSOCCCertification of Animal Waste Operators:Certification of Animal Waste Operators:

• To become certified as an Animal Waste To become certified as an Animal Waste Management System Operator, you must:Management System Operator, you must:– complete the appropriate training programcomplete the appropriate training program– pass the appropriate examinationpass the appropriate examination

• To maintain your certification, you must:To maintain your certification, you must:– pay an annual renewal feepay an annual renewal fee– complete 6 hours of additional training every 3 years complete 6 hours of additional training every 3 years

WPCSOCCWPCSOCCEnforcement Actions:Enforcement Actions:

• The Certification Commission may take enforcement The Certification Commission may take enforcement actions against a certified operator:actions against a certified operator:– suspend or revoke your certificatesuspend or revoke your certificate– issue you a written reprimandissue you a written reprimand

WPCSOCCWPCSOCCEnforcement Actions:Enforcement Actions:

• The Certification Commission may take action if it finds that The Certification Commission may take action if it finds that you:you:– have practiced fraud or deceithave practiced fraud or deceit– have not exercised reasonable care, judgment, or the use of your have not exercised reasonable care, judgment, or the use of your

knowledge and ability in the performance of your duties as an knowledge and ability in the performance of your duties as an operatoroperator

– are incompetent or unable to perform your dutiesare incompetent or unable to perform your duties

• Civil penalties may be assessed against an owner, or operator Civil penalties may be assessed against an owner, or operator in charge, for willful violations of the requirements.in charge, for willful violations of the requirements.

WPCSOCCWPCSOCCDuties and Requirements of Owners:Duties and Requirements of Owners:

• Owners of animal waste management systems were Owners of animal waste management systems were required to designate an operator in charge by required to designate an operator in charge by January 1, 1997.January 1, 1997.

• Failure to designate an operator in charge may result Failure to designate an operator in charge may result in the assessment of civil penalties of up to $1000.in the assessment of civil penalties of up to $1000.

WPCSOCCWPCSOCCDuties and Requirements of an Operator in Charge:Duties and Requirements of an Operator in Charge:

• Possess a currently valid animal waste management Possess a currently valid animal waste management system operators certificate of the appropriate type.system operators certificate of the appropriate type.

• Visit and inspect each animal waste management Visit and inspect each animal waste management system at a frequency to ensure proper operation of system at a frequency to ensure proper operation of the system.the system.

• Be responsible for the proper application of animal Be responsible for the proper application of animal waste.waste.


• Properly manage, supervise, and document daily Properly manage, supervise, and document daily operation and maintenance of the system.operation and maintenance of the system.

• Certify monitoring and reporting information as Certify monitoring and reporting information as required in the permit.required in the permit.

• Be available for consultation, emergencies, and Be available for consultation, emergencies, and inspections.inspections.


• As an operator in charge, or a designated back-up operator, of As an operator in charge, or a designated back-up operator, of a Type A system you must:a Type A system you must:– ensure that animal waste is being applied in accordance with the ensure that animal waste is being applied in accordance with the

animal waste management plan and the permitanimal waste management plan and the permit

– inspect, or have a person under the direct supervision of the operator inspect, or have a person under the direct supervision of the operator in charge inspect, the land application site at least every 4 hours in charge inspect, the land application site at least every 4 hours during the application of animal wasteduring the application of animal waste

– inspect the land application site within 24 hours of the application of inspect the land application site within 24 hours of the application of animal waste if the operator in charge was not present during the animal waste if the operator in charge was not present during the application of animal wasteapplication of animal waste


• As an operator in charge, or a designated back-up operator, of As an operator in charge, or a designated back-up operator, of a Type B system you must:a Type B system you must:– ensure that animal waste is being applied in accordance with the ensure that animal waste is being applied in accordance with the

animal waste management plan and the permitanimal waste management plan and the permit

– inspect, or have a person under the direct supervision of the operator inspect, or have a person under the direct supervision of the operator in charge inspect, the land application site during the application of in charge inspect, the land application site during the application of animal wasteanimal waste

– inspect the land application site within 48 hours of the application of inspect the land application site within 48 hours of the application of animal waste if the operator in charge was not present during the animal waste if the operator in charge was not present during the application of animal wasteapplication of animal waste

Community Issues, or Community Issues, or Good Neighbor PolicyGood Neighbor Policy

• Proper management and ensuring that you and your Proper management and ensuring that you and your operation are in total compliance with all local, state, operation are in total compliance with all local, state, and federal regulations not only makes good sense, but and federal regulations not only makes good sense, but could have a bearing on your bottom line.could have a bearing on your bottom line.

• It may also have a great deal to do with the attitude It may also have a great deal to do with the attitude that your neighbors and the people in your community that your neighbors and the people in your community have towards you, your animal operation, and other have towards you, your animal operation, and other animal or commodity producers as well.animal or commodity producers as well.

Improper Management Affects YouImproper Management Affects You

• This could happen to you if for some reason you are not using This could happen to you if for some reason you are not using proper management: proper management:

– fines from DWQfines from DWQ

– closure of your operation by The Attorney General of North closure of your operation by The Attorney General of North CarolinaCarolina

– nuisance lawsuitsnuisance lawsuits

– major changes in your operation may be requiredmajor changes in your operation may be required

– your reputation and integrity in the community could be jeopardizedyour reputation and integrity in the community could be jeopardized

Improper Management Affects the Improper Management Affects the Animal Industry Animal Industry

• This could happen to you if for some reason other This could happen to you if for some reason other farmers are not using proper management:farmers are not using proper management:

– negative media coverage of just a few individuals that are negative media coverage of just a few individuals that are not doing a good job causes all producers to look badnot doing a good job causes all producers to look bad

– mismanagement has caused legislation to be passed on a mismanagement has caused legislation to be passed on a statewide basisstatewide basis

– mismanagement could cause your property and the mismanagement could cause your property and the property of your neighbors to decline in valueproperty of your neighbors to decline in value

Third-Party LawsuitsThird-Party Lawsuits

• A third-party lawsuit is a lawsuit brought against an A third-party lawsuit is a lawsuit brought against an animal operation by a person who is not responsible for animal operation by a person who is not responsible for enforcing a regulation. enforcing a regulation. – Example: a lawsuit brought by a neighbor, as opposed to a Example: a lawsuit brought by a neighbor, as opposed to a

lawsuit brought by a government agency lawsuit brought by a government agency

• Third-party lawsuits are becoming more and more Third-party lawsuits are becoming more and more commonplace as confined animal operations expand commonplace as confined animal operations expand and as subdivisions move into more rural settings.and as subdivisions move into more rural settings.

Production IssuesProduction Issues

• Excessive nitrogenExcessive nitrogen– leaches into groundwater, contaminates streams, rivers, and drinking leaches into groundwater, contaminates streams, rivers, and drinking

waterwater

• Excessive buildup of micronutrients Excessive buildup of micronutrients – toxicity levels that may injure or kill cropstoxicity levels that may injure or kill crops

• Loss of potential dollarsLoss of potential dollars– due to loss of fertilizer value of animal wastedue to loss of fertilizer value of animal waste– loss of timely irrigation of wastewaters which can also provide crop loss of timely irrigation of wastewaters which can also provide crop

benefitsbenefits

Production IssuesProduction Issues

• Herd healthHerd health– spread of diseasespread of disease– excessive ammonia in pits, reduces animal performanceexcessive ammonia in pits, reduces animal performance– excessive fly problemsexcessive fly problems

• Worker safetyWorker safety– buildup of gases in lagoons can cause increase odor buildup of gases in lagoons can cause increase odor

problemsproblems– buildup of gases in buildings could affect worker healthbuildup of gases in buildings could affect worker health

Environmental StewardshipEnvironmental Stewardship

• How does the rest of the public view your How does the rest of the public view your environmental actions?environmental actions?

• What are the political implications of your facility What are the political implications of your facility management?management?

• How would an inspector, state legislator, or member How would an inspector, state legislator, or member of Congress view your farm?of Congress view your farm?

Considerations in Your Quest to Be a Considerations in Your Quest to Be a Good ManagerGood Manager• Appearance of the operationAppearance of the operation

– a facility’s looks has a large impact on what people think and their a facility’s looks has a large impact on what people think and their perceptions of odor perceptions of odor

• Cleanliness of the operationCleanliness of the operation– a clean facility improves herd health, reduces odors, and makes a clean facility improves herd health, reduces odors, and makes

management easiermanagement easier

• MaintenanceMaintenance– a routine maintenance program for building, equipment, and grounds a routine maintenance program for building, equipment, and grounds

reduces environmental mishapsreduces environmental mishaps

Considerations in Your Quest to Be a Considerations in Your Quest to Be a Good ManagerGood Manager• Record keepingRecord keeping

– allows you to monitor waste analysis, fertility levels, historical allows you to monitor waste analysis, fertility levels, historical yields, dates of application, location of application, and overall yields, dates of application, location of application, and overall profitabilityprofitability

• Water use and drainageWater use and drainage– knowing the location of wells, surface waters, drainage patterns, and knowing the location of wells, surface waters, drainage patterns, and

drainage tile lines reduces the chances of environmental drainage tile lines reduces the chances of environmental contaminationcontamination

• Community relationsCommunity relations

chapter 8: consequences of improper management. regulatory and legal issues discharge of animal...

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