xvEPA
United States
Environmental Protection
Agency
Roberts Kerr Environmental Research EPA-600/2-78-155
Laboratory July 1978
Ada OK 74820
Research and Development
Analysis
of State Laws
and Regulations
Impacting
Animal Waste
Management
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RESEARCH REPORTING SERIES
Research reports of the Office of Research and Development, U.S. Environmental
Protection Agency, have been grouped into nine series. These nine broad cate-
gories were established to facilitate further development and application of en-
vironmental technology. Elimination of traditional grouping was consciously
planned to foster technology transfer and a maximum interface in related fields.
The nine series are:
1. Environmental Health Effects Research
2. Environmental Protection Technology
3. Ecological Research
4. Environmental Monitoring
5. Socioeconomic Environmental Studies
6. Scientific and Technical Assessment Reports (STAR)
7 Interagency Energy-Environment Research and Development
8. "Special" Reports
9. Miscellaneous Reports
This report has been assigned to the ENVIRONMENTAL PROTECTION TECH-
NOLOGY series. This series describes research performed to develop and dem-
onstrate instrumentation, equipment, and methodology to repair or prevent en-
vironmental degradation from point and non-point sources of pollution. This work
provides the new or improved technology required for the control and treatment
of pollution sources to meet environmental quality standards.
This document is available to the public through the National Technical Informa-
tion Service, Springfield, Virginia 22161.
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EPA-600/2-78-155
July 1978
ANALYSIS OF STATE LAWS AND REGULATIONS
IMPACTING ANIMAL WASTE MANAGEMENT
by
George A. Whetstone
Bruce M. Kramer
Dan M. Wells
William J. Huffman
Ralph H. Ramsey
Walter Grub
Texas Tech University
Lubbock, Texas 79409
Grant No. R-804878
Project Officer
S. C. Yin
Source Management Branch
Robert S. Kerr Environmental Research Laboratory
Ada, Oklahoma 74820
ROBERT S. KERR ENVIRONMENTAL RESEARCH LABORATORY
OFFICE OF RESEARCH AND DEVELOPMENT
U.S. ENVIRONMENTAL PROTECTION AGENCY
ADA, OKLAHOMA 74820
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DISCLAIMER
This report has been reviewed by the Robert S. Kerr Environmental
Research Laboratory, U.S. Environmental Protection Agency, and approved
for publication. Approval does not signify that the contents necessarily
reflect the views and policies of the U.S. Environmental Protection
Agency, nor does mention of trade names or commercial products constitute
endorsement or recommendation for use.
n
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DAN MOODY WELLS, 1926-1977
This report is dedicated to Dan Moody Wells, Ph.D., P.E. who served as
Project Manager and Technical Advisor of the study on which it is based. He
had devoted the morning of August 12, 1977 to reading proof on part of the
draft report and to discussing the content of some of the then unwritten pqr-
tion of the report. He died of a heart attack that afternoon.
The name of Dan Wells is familiar to all who have followed the literature
of animal waste management. Studies in which he participated at Texas Tech in
the late 1960's were instrumental in establishing design criteria for environ-
mentally acceptable beef feedlots. He collaborated in a "Study of Current and
Proposed Practices in Animal Waste Management". (EPA-430/9-74-003). He served
as Consultant on the Hamilton-Standard report, addressed the ANCA-EPA Confer-
ence on Beef FeedTot Waste Management (1973), and chaired the Agricultural
Waste Management Committee of the American Society of Civil Engineers (1972-
73). He served as full-time Agricultural Consultant to the National Commis-
sion on Water Quality.
His basic insistance on remaining cost-conscious as he strove for environ-
mental improvement and his appreciative understanding of the men in American
agriculture are reflected in this report.
iii
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FOREWORD
The Environmental Protection Agency was established to coordinate
administration of the major Federal programs designed to protect the
quality of our environment.
An important part of the Agency's effort involves the search for
information about environmental problems, management techniques and new
technologies through which optimum use of the nation's land and water
resources can be assured and the threat pollution poses to the welfare
of the American people can be minimized.
j
EPA's Office of Research and Development conducts this search
through a nationwide network of research facilities.
As one of these facilities, the Robert S. Kerr Environmental
Research Laboratory is responsible for the management of programs to:
(a) investigate the nature, transport, fate and management of pollutants
in groundwater; (b) develop and demonstrate methods for,treating waste-
waters with soil and other natural systems; (c) develop and demonstrate
pollution control technologies for irrigation return flows, (d) develop
and demonstrate pollution control' technologies for animal production
wastes; (e) develop and demonstrate technologies to prevent, cqntrol
or abate pollution from the petroleum refining and petrochemical in-
dustries , and (f) develop and demonstrate technologies to manage pollution
resulting from combinations of industrial wastewaters or industrial/
municipal wastewaters.
This report is a contribution to the Agency's overall effort in ful-
filling its mission to improve and protect the nation's environment for
the benefit of the American public.
William C. Galegar, Director
Robert S. Kerr Environmental
Research Laboratory
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ABSTRACT
This report summarizes the laws and regulations pertaining to animal
waste management and closely related aspects of animal husbandry of each
of the fifty states under the following headings: water, solid waste, air,
commercial feed and fertilizer, agriculture, nuisance, soil and water con-
servation, and land use. A tabulation facilitates a comparison of some of
the requirements of the fifty states.
The effects on current practices, the economic impacts, and the influ-
ence on 208 planning of the various code provisions are discussed.
The present status and legal implications of further development of
refeeding, of biological conversion, and of thermochemical conversion are
analyzed.
In general, the state agencies are handling the environmental problems
of animal agriculture in a satisfactory manner. This is particularly true
in states where a pattern of cooperation with the producers' organizations,
the Agricultural Extension Service, and the Soil Conservation Service has
developed.
This report was submitted in fulfillment of Grant No. R-804878 by the
Texas Tech University Water Resources Center under the partial sponsorship
of the U.S. Environmental Protection Agency. The grant period extended from
September 25, 1976, through January 15, 1978.
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CONTENTS
Dedication to Dan Moody Wells, 1926-1977 iii
Foreword iv
Abstract v
Abbreviations viii
Acknowledgements , x
1. Introduction 1
2. Conclusions 2
3. Recommendations 3
4. Summaries of the Laws and Regulations 4
5. Comparison of Laws Among the States. 173
6. Economic Impacts 178
7. Influence on 208 Planning 186
8. Refeeding of Manure 189
9. Animal Residue Conversion Processes. . . 194
10. Reasonableness and Enforceability 202
11. Research Needs 209
Appendices
A. Oregon's Regulations 211
B. CCFA Pollution Control Series 218
C. Metric Conversion Factors 221
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LIST OF ABBREVIATIONS
In each state summary (p. 5-172) the enforcing agencies are cited by full
title on first occurrence and by initials thereafter. These abbreviations
are not included in the following list.
AAFCO -- Association of American Feed Control Officials
aff'd -- affirmed
ARS -- Agricultural Research Service (USDA)
ASAE -- American Society of Agricultural Engineers
ASCS — Agricultural Stabilization and Conservation Service (USDA)
BAT -- Best available demonstrated control technology
BOD — Biochemical oxygen demand
BPT -- Best Practicable Control Technology Currently Available
CCFA , — California Cattle Feeders Association
COD -- Chemical oxygen demand
DPI -- Dried poultry litter
DPW -- Dried poultry waste
DRW -- Dried ruminant waste
EPA -- Environmental Protection Agency (US)
ERDA -- Energy Research and Development Administration (US)
FDA -- Food and Drug Administration (US)
FWPCA -- Federal Water Pollution Control Administration
Ib -- pound
MCF -- thousand cubic feet
mg/1 -- milligrams per liter
ml -- milliliter
N.A. -- not available
NCWQ — National Commission of Water Quality
NPDES -- National Pollutant Discharge Elimination System
Op -- opinion
PAW -- Processed animal waste
viii
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PAWP — Processed animal waste products
pH -- logarithm of the reciprocal of the hydrogen-ion concentration
P.L. i- Public Law
Reg. -- regulation
RFP -- Request for proposal
SCO -- Soil Conservation District
SCS — Soil Conservation Service (US)
SPDES — State Pollutant Discharge Elimination System
TG — Technical guide
USDA -- US Department of Agriculture
USEPA -- US Environmental Protection Agency
USGS — US Geological Survey
USSCS -1- US Soil Conservation Service
208 — Section 208, P.L. 92-500
ix
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ACKNOWLEDGEMENTS „ /
A report of this magnitude is not prepared without the cooperation of a
large number of knowledgeable people who have contributed their advice and
time.
The authors are particularly grateful for the continuing consultation
freely extended by Robert M. Sweazy, Assistant Director and Mrs. Raynell
Keller, Secretary, Texas Tech Water Resources Center, from the preparation of
the proposal through the final completion of the report.
Vincent Sikora and Glenn West, students in the Texas Tech Law School,
searched through the statutes xeroxing and marking the pertinent portions of
them. John T. Bandy, graduate student in Civil Engineering, aided the Prin-
cipal Investigator in many ways throughout the life of the project.
Ms. Rita Schumacher assisted the legal advisor in typing drafts of the
state summaries.
Miss Carole Crum made a tremendous contribution to the project in her
typing of the bulky manuscript, maintaining uniformity of style despite a raw
input which frequently departed from it, and in the typing of the voluminous
correspondence involved in the assessment of the impacts of the laws and regu-
lations.
S.C. Yin, Project Officer, Robert S. Kerr Research Laboratory, U.S. Envi-
ronmental Protection Agency, Ada, Oklahoma, was most helpful in expediting
the project. His contribution is sincerely appreciated.
In addition to the "team" which worked with the project day by day, a
number of people supplied materials requested, discussed the problems, and
aided in other ways. Space does not permit individual detailing of their
contributions, but the authors wish to record their gratitude to the follow-
ing:
W. Brady Anthony
Professor of Animal Sciences
Auburn University
Auburn, Alabama 36830
Richard Barker
Duke Marine Laboratory
Morehead, North Carolina 28557
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Clyde L. Barth
Professor of Agricultural Engineering
Clemson University
Clemson, South Carolina 29631
Jim 6. Brown
Executive Secretary
New Mexico Cattle Growers' Association
Albuquerque, New Mexico 87104
Russell Eggert, Esq.
Environmental Control Division
Office of the Attorney General of Illinois
Springfield, Illinois 62706
Jack Eidel
Cattleman
Great Falls, Montana 59401
Harold E. Ford
Executive Director
Southeastern Poultry and Egg Association
Decatur, Georgia 30030
Ray Forrest
Engineer
North Carolina Department of Agriculture
Raleigh, North Carolina 27611
James Frank
Agricultural Advisor
Illinois Environmental Protection Agency
Springfield, Illinois 62706
Tom Hovenden
Secretary - Manager
Idaho Cattle Feeders Association
Boise, Idaho 83705
Frank J. Humenik
Professor of Biological and Agricultural Engineering
North Carolina State University
Raleigh, North Carolina 27607
John Kirkpatrick
Director
Agricultural Chemistry
Alabama Department of Agriculture and Industry
Montgomery, Alabama 36100
XI
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Thomas A. McCaskey
Associate Professor of Animal and Dairy Sciences
Auburn University
Auburn, Alabama 36830
Don McKinnis
Resource Coordinator
State Department of Agriculture
Salem, Oregon 97310
Gene Merrill
Land and Water Resource Specialist
California Regional Water Quality Control Board
Sacramento, California 95816
Ronald A. Michieli
Associate Director
American National Cattlemen's Association
Washington, D.C. 20004
Robert S. Miller
Agricultural Engineer
State Water Resources Control Board
Sacramento, California 95816
Carl E. Nail
Executive Director
Pacific Egg and Poultry Association
Los Angeles, California 90016
Dean T. Prosser
Executive Vice President
Wyoming Stock Growers Association
Cheyenne, Wyoming 82001
Clint Reese
Executive Secretary
North Carolina Cattlemen's Association
Raleigh, North Carolina 27611
Fran M. Simpson, Jr.
Manager - Secretary
California Cattle Feeders Association
Bakersfield, California 93301
Wade J. Small, Jr.
Department of Health and Environmental Control
Columbia, South Carolina 29201
xii
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Mons L. Teigen
Executive Vice President
Montana Stockgrowers Association
Helena, Montana 59601
Max E. Thornton
Cattleman
Billings, Montana 59101
xiii
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SECTION 1
INTRODUCTION
While all fifty states regulate the production of livestock, the legally-
designated means of implementation and enforcement vary considerably. The
statutes and administrative regulations used tend to apply explicitly in
states having large concentrations of one or more types of livestock -- beef,
dairy, sheep, swine, poultry, fur bearing animals, etc. The use of umbrella
definitions of "wastes" and "pollutants," and the employment of nuisance
abatement techniques on a case-by-case basis are, however, quite common.
In the present study, the laws and regulations of each of the states
which pertain to animal waste management are briefed under eight subheadings:
water, solid waste, air, commercial feed and fertilizer, agriculture, nui-
sance, soil and water conservation, and land use. The effects of these laws
and regulations on current practices, their economic impacts, and their in-
fluences on 208 planning are examined, as are the legal questions involved
in manure recycling (refeeding) and in the thermochemical processing of ma-
nure. Finally, the reasonableness and enforceability of the codes are dis-
cussed and suggestions for improvements and for further research are present-
ed.
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SECTION 2
CONCLUSIONS
1. Manure can become a valuable resource Instead of being a serious
pollutant. The techniques for its collection, storage, and utilization have
been the objectives of intensive, successful research in recent years. Its
historic use as a fertilizer and soil conditioner has been rediscovered,
after an interim period in which commercial fertilizer produced by cheap
energy made manure hauling uneconomical. Such alternatives as use in animal
rations and as a thermochemical feedstock hold great promise.
p *•<.
2. Stockmen are not reluctant to cooperate in a rational program of
pollution abatement. Many have willingly made expensive alterations in their
facilities with little direct benefit to themselves in an effort to clean up
the environment. Their whole-hearted cooperation may be obtained, however,
only if they have confidence in the competence and integrity of the enforcing
agency. In states where relations are most harmonious it is usual to find
that the state agency works closely with the trade associations of the stock-
men, with the US Soil Conservation Service, and with the Agricultural Exten-
sion Service.
3. The present regulatory scheme is effective, despite some legislative
and administrative oversights and oversimplifications because the people
implementing the legislation and regulations in the state agencies have, for
the most part, taken a conciliatory and reasonable approach to the problems.
If some of the existing laws and regulations were vigorously and blindly
enforced, animal agriculture in the United States would suffer a loss far
greater than the concomitant environmental benefit that might accrue from
such a strategy.
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SECTION 3
RECOMMENDATIONS
1. Regulations should be stated in terms of objectives; they should be
as consistent and durable as possible. Guidelines; prepared with the parti-
cipation of stockmen's trade organizations, the Soil Conservation Service,
and the Agricultural Extension Service; should be established in such a way
that compliance with them assures compliance with all regulations. Alterna-
tives to the guidelines should, however, be fully acceptable if it can be
shown that the alternatives would also assure compliance.
Many of the states have essentially this program at present. That of
Oregon is reproduced as Appendix A of this report.
2. Each state which does not now have one should adopt a statute which
provides that a permit from the appropriate state agency or other valid evi-
dence of compliance with state regulations constitutes prima-facie evidence
that no actionable nuisance exists.
3. Any governmental agency having responsibility for any aspect of pol-
lution control affecting animal agriculture should provide for the continuing
availability of an advisory board consisting of representatives of the affect-
ed branch or branches of the industry (cattle feeders, dairymen, poultrymen,
etc.). Close cooperation should be maintained with the Soil Conservation
Service and the Agricultural Extension Service. It has been amply demonstrat-
ed that the stockman will cooperate in environmental cleanup if he has confi-
dence in the integrity and competence of the agency making the demands. This
confidence can best be gained by soliciting the continuing input of the stock-
men and of the field agencies they have, learned to respect and trust.
Many of the producer's organizations have spent generously of their time
and money in voluntary programs to secure compliance with environmental ob-
jectives. For example, the California Cattle Feeders Association has publish-
ed a series of bulletins entitled "How to Control Feedlot Pollution," the
first of which appeared in May 1970. Some excerpts from this series appear
in Appendix B.
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SECTION 4
SUMMARIES OF THE LAWS AND REGULATIONS STATE-BY-STATE
In order to facilitate comparison of the laws, agencies, and practices
for the abatement of the pollution potential of manure and of manure-contami-
nated runoff, these will be discussed in this section, state-by-state under
the following eight sub-headings:
1. water,
2. solid wastes,
3. air,
4. commercial feed and fertilizer,
5. agriculture,
6. nuisance,
7. soil and water conservation, and
8. land use.
Summaries and comparisons among the states will be presented in Section
5. The statutory material presented reflects legislation that has been re-
ported in the official statutory codes through July 1, 1977. Legislation that
was not incorporated into supplements or pocket parts by that date has not
been included, except where such statutes have been received directly in
correspondence with a state agency. The regulatory material was gleaned from
two primary sources, the state agencies and the publication entitled "Environ-
ment Reporter" issued by the Bureau of National Affairs. Because of the lack
of any formal publication requirement for many state administrative regula-
tions it is recommended that individuals check with the appropriate state ad-
ministrative agencies to ascertain the most current form of any regulations
which may pertain to animal agriculture. For that purpose, addresses and
telephone numbers are given for the agencies in each state having primary
responsibility for the environmental protection of water, land, and air.
The units used, English or metric, are those of the laws and regulations.
A table of conversion factors appears in Appendix C.
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ALABAMA
Key to Legal Citation
Ala. Code , .
(Title #- Section #)
(22 - 140)
1. WATER
The Water Improvement Commission (WIC) is the state agency responsible
for implementing the state's water pollution control program [22-140(12d)].
It has general authority to issue permits and orders, adopt rules and regu-
lations and establish water quality standards (22-140). Agricultural wastes
are not mentioned directly in the statute or the regulations and would fall
under the category of "other wastes" [22-140(12a)]. Feedlots would fall under
the general prohibition against the discharge of wastewater, unless there has
been an 85% reduction in five-day B.O.D. and suspended solids content. Fur-
ther cleaning of wastewater is required if the water quality standards are
being violated. The WIC has utilized the services of the U.S. Agricultural
Extension Service and the Soil Conservation Service (SCS) in having feedlots
install properly sited anaerobic ponds with total retention of wastes and
subsequent land application of digested sludge. There is no state regulation
of the land application rate, as the WIC prefers to leave it to the discre-
tion of the farmer and the SCS.
ADDRESS: Water Improvement Commission
3815 Interstate Court
Montgomery, Alabama 36109
205/277-3630
/
2. SOLID WASTE
The Department of Public Health, Division of Solid Waste is the state
agency responsible for implementing the state's solid waste regulatory pro-
gram (22-346). Livestock and poultry wastes are specifically excluded from
the definition of solid wastes [22-346(b)j.
ADDRESS: Department of Public Health
Division of Solid Waste
State Office Building
501 Dexter Avenue
Montgomery, Alabama 36130
205/832-6728
3. AIR
The Department of Public Health, Division of Air Pollution Control and
Air Pollution Control Commission (APCC) are jointly responsible for implement-
ing the state air pollution program [22-310(6)]. Air pollution is defined to
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include odors which do, or tend to, interfere with the enjoyment of life or
property [22-310(3)]. The APCC may review all plans for new sources of air
contaminants and deny permits if the plans are not in accord with the APCC s
rules and regulations [22-310(8)]. County and city air pollution control pro-
grams may co-exist with the state program provided that they meet minimum
standards and are approved by the APCC [22-310(10)]. There are no specific
odor regulations in force. Odor problems are handled on a case-by-case basis
after complaints have been received from the public. As of 1976 there had
been no complaints filed against odors emanating from feedlot operations.
ADDRESS: Air Pollution Control Commission
645 South McDonough Street
Montgomery, Alabama 36130
205/834-6770
4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds must be registered with the Commissioner of Agricul-
ture (2-58). The Department of Agriculture and Industries has enacted regula-
tions, effective January 1, 1977, which allow dried poultry waste, dried
poultry litter and dried ruminant waste to be registered as commercial feeds
and used in Alabama. To be eligible for registration, processed animal wastes
must not contain any extraneous materials. In addition, the three categories
of processed animal waste must meet limitations on percentage content of pro-
tein, fiber, ash, feathers and the like. There is also a labeling require-
ment imposed if the wastes contain drug residues. All persons who sell or
distribute processed animal waste and/or commercial fertilizer must be li-
censed by the Commissioner of Agriculture [2-300(4)]. Unmanipulated animal
manures are excluded from the definition of commercial fertilizer [2-300(3)].
5. AGRICULTURE
The Department of Agriculture enforces a statutorily-imposed total pro-
hibition on the feeding of garbage to swine [2-281(39)]. The Department also
requires that all livestock dealers be licensed (2-384-5). The state license,
however, does not preclude local governments from adopting their own licens-
ing and sanitary rules and regulations concerning livestock dealers (2-392).
All dairies must be kept in a sanitary condition (2-190). Livestock markets
must be licensed by the Department. Farmers raising cattle for their own
consumption are exempted from the application of the statute [2-401(1)]. The
Department also controls poultry wastes [2-471(19)]. All commercial poultry
feeders must have adequate facilities for the disposal of dead poultry and
poultry waste. The Department has enacted regulations requiring the installa-
tion of disposal pits in areas where water pollution is not a problem. Where
there is a potential waste pollution problem, incineration is required. Mini-
mum design standards for incinerators and disposal pits are set by the Depart-
ment.
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ADDRESS: Department of Agriculture and Industries
Beard Building
P. 0. Box 3336
Montgomery, Alabama 36109
6. NUISANCE
Public nuisance is broadly defined by statute to include having unsani-
tary premises, conducting a lawful business or trade in such a manner that is
likely to be a menance to the public health, and conducting an inherently
unsanitary trade or business without complying with the regulations of the
State Board of Health (22-75). A public nuisance may also be abated by county
boards of health (22-76). The State Board has inspection authority over all
dairies and slaughter pens or houses (22-7). County boards are authorized to
exercise special supervision over dairies and slaughterhouses (22-8). All
cities and towns have general power to maintain health and cleanliness within
their boundaries (37-491). All municipalities may abate and enjoin nuisances
(37-505-6).
7. SOIL AND WATER CONSERVATION
There is a statewide Soil and Water Conservation Commission with overall
advisory powers (2-660). Local Soil Conservation Districts (SCO's) may be
created by local option (2-661). They may exercise land use regulatory powers
after a local referendum approves such powers (2-664). Land use regulations
are enforced by the SCO's through the imposition of penalties on farmers who
are in violation of an ordinance (2-665).
8. LAND USE
Cities may zone within their boundaries with no exception being made for
agricultural uses (37-772). Regional planning commissions exist, but they
have no binding authority over landowners (37-809). County zoning is limited
to management and use programs in flood-prone areas (12-343). There is no
general authority for a county to zone. There is no exemption for agricul-
tural uses in flood-prone areas (12-356). Livestock, agricultural products
and poultry are exempt from the ad valorem tax (51-2).
The Alabama program has not been approved for the National Pollutant Dis-
charge Elimination System.
ALASKA
Key to Legal Citation
Alaska Stat. §
(Section #1
(46.03.020)
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1 . WATER
The Department of Environmental Conservation (DEC) is the regulatory body
charged with enforcement of the water pollution program (46.03.020). Agricul-
tural wastes are not specifically defined by statute (46.03.900). However,
animal waste from buildings, residences and other places is defined to be
sewage (46.03.900). The DEC may require the submission of plans for all sew-
age disposal or treatment facilities whether publicly or privately owned (46.
03.090). All individuals conducting commercial or industrial operations which
result in the disposal of liquid waste into the waters of the state must pro-
cure permits from the DEC (46.03.100). This requirement does not apply to a
person discharging domestic sewage into a sewer system (46.03.100). The DEC
has the authority to promulgate pollution standards and regulations (46.03.
070). It has not promulgated any regulations that are particularly applicable
to the feedlot operation. It does require "best practicable control tech-
nology" for industrial waste discharges. There is a general prohibition
against the pollution of the water of the state (46.03.710). Pollution is
defined as the contamination or altering of waters so as to create a nuisance
or to create unclean, noxious, impure or unfit conditions that are or may be
harmful to the public health (46.03.710). Finally, no person may construct
any kind of sewer system or treatment works, including lagoons, without re-
ceiving approval by the DEC (46.03.720).
c
ADDRESS: Department of Environmental Conservation
Water Programs Division
Water Quality
Pouch 0
Juneau, Alaska 99801
907/586-6721
2. SOLID WASTE
The DEC is also responsible for the prevention of "land" nuisance (46.03.
810). No person may pollute or add to the pollution of the land—surface or
subsurface (46.03.710). Even the placement of manure on one's own land may
be declared to be a land nuisance and may be abated by the DEC (46.03.810).
Municipalities of the state may regulate the collection and disposal of gar-
bage and solid wastes (29.48.035). There are no regulations covering feedlot-
related problems of land pollution.
3. AIR
The DEC is also given the responsibility for controlling air pollution
(46.03.020). It may enact regulations which can prevent, abate or control
air pollution (46.03.140). Air contaminants are defined to include odorous
substances (46.03.900). Any municipality with a population in excess of 1,000
may establish and administer its own air pollution control program on an area-
wide basis if the program is consistent with the state regulations (46.03.
210). Each such program must be approved by the DEC (46.03.210). If a local
program is not being enforced properly, the DEC may, after public hearing,
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step in and enforce the provisions of the local air pollution program (46.03.
220). All emissions which are injurious to health or welfare are prohibited
(46.03.140, 46.03.710, Reg. 18AAL50.110).
4. COMMERCIAL FEED AND FERTILIZER
Alaska has no laws dealing with commercial feed or fertilizers.
/
5. AGRICULTURE
The Commissioner of Natural Resources has the general authority to pro-
mulgate regulations dealing with the sanitary conditions of agricultural oper-
ations (03.05.020).
ADDRESS: Department of Natural Resources
Division of Agriculture
Box 800
Palmer, Alaska 99645
6. NUISANCE
The DEC is primarily responsible for the control of water, air and land
nuisances (46.03.800-810). Water nuisance is defined to include the placement
of dead animal carcasses; excrement; or any putrid, nauseous, noisome, decay-
ing, deleterious or offensive substance into any waters of the state, includ-
ing wells or ponds,which are or may be used for domestic purposes (46.03.800).
Anyone guilty of refusing to abate the nuisance upon order of the DEC is
guilty of a misdemeanor and is subject to imprisonment and a fine, as well as
to the payment of the cost of the damage caused by the act of nuisance (46.
03.800). An air or land nuisance is definedras the placement upon any lot,
street or premises of any garbage, offal, dead animals or any other matter
which would be obnoxious (46.03.810). The placement of any noxious material,
including garbage, offal or dead animals on any premises owned by the indi-
vidual, would also be a nuisance and would be abatable by the DEC (46.03.810).
In addition to these nuisance abatement powers, the state Commission of
Health and Social Services is authorized to promulgate rules and regulations
regarding public health nuisance and sanitary practices in the interest of
public health (18.05.040). In addition, all municipalities have the
authority to condemn and abate all public nuisance and hazards (29.48.035).
7. SOIL AND WATER CONSERVATION
There is a statewide soil conservation district whose purpose is to pro-
vide for the orderly development of land and for the conservation of soil and
soil resources (41.10.020-030). The district is operated by a soil conserva-
tion board made up of at least three resident farmers (41.10.060). The board
advises the Commissioner of Natural Resources in matters relating to soil
conservation (41.10.100). Operations of the district may not be carried out
9
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without the prior approval of the land occupier (41.10.120). The Commission-
er of Natural Resources may create subdistricts of the statewide soil conser-
vation district in response to a petition signed by 25 or more land occupiers
setting out the proposed boundaries (41.10.130).
8. LAND USE
Boroughs (equivalent to the usual counties) are given the authority to
plan and zone (29.33.070). Any city located within a borough, but more than
25 miles from the boundary of the borough seat, may have some autonomous zon-
ing powers if these be granted by the borough assembly (29.33.070). There is
no exception for zoning for agricultural uses (29.33.090). Farm or agricul-
tural lands that are being used actively for farm purposes may be assessed
only on the basis of full and true value for farm use. If the farmland be
sold, leased or otherwise disposed of for use incompatible with farm use, the
owner will be liable for the payment of an amount equal to the additional tax
at the current mill levy together with 8% interest for the preceding seven
years in which the land has been assessed at only farm value (29.53.035).
Farm use is defined to include the feeding, breeding and management of live-
stock; dairying; or other agricultural use for profit (29.53.045).
The Alaska program has not been approved for the National Pollutant Dis-
charge Elimination System.
ARIZONA
Key to Legal Citation
Arizona Rev. Stat. §
(Section #)
(36-1852)
1. WATER
The Department of Health Services (DHS), Division of Environmental Health,
Bureau of Water Quality is the state agency responsible for implementing the
state's water pollution program (36-1852, 1853). There is also an advisory
Water Quality Control Council (WQCC), which includes at least one representa-
tive from the livestock industry and the Dean of the Agricultural College of
the University of Arizona (36-1853). The WQCC adopts water-related rules and
regulations for DHS (36-1854). Point sources are defined to include, specif-
ically, concentrated animal feeding operations (36-1851). The DHS does not
issue state permits; it regulates pursuant to the federal NPDES guidelines
only. Agricultural wastes are defined to be both pollutants and wastes (36-
1851). The DHS reviews all plans and specifications for new animal feeding
operations, regardless of size, which may cause a discharge (36-1859). It is
unlawful to keep livestock penned over, or on the borders of, a body of water
so that the water becomes polluted (13-603).
10
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ADDRESS: Department of Health Services
Bureau of Water Quality
1740 West Adams
Phoenix, Arizona 85007
602/271-5453
2. SOLID WASTE
The DHS, Bureau of Sanitation is the state agency responsible for imple-
menting the state's solid waste pollution control program (36-136). The DHS
is authorized to define and prescribe regulations dealing with manure and
other objectionable wastes (36-136). Although the DHS defers principal en-
forcement and regulatory authority to the Livestock Sanitary Board, it has
enacted two sets of regulations which it utilizes to regulate animal feeding
operations. Reg. 9-8-4 deals with "Refuse and Other Objectionable Wastes."
All owners or occupiers of the premises must be responsible for the sanitary
conditions thereon (Reg. 9-8-413). Manure is one of several wastes which the
refuse collecting service may choose not to dispose of (Reg. 9-8-415). All
manure must be removed from enclosures as often as is necessary to prevent a
health hazard, and must be handled and stored so as not to maintain a nui-
sance (Reg. 9-8-421). The regulations also require that manure be disposed
of through use of a sanitary landfill, composting, or incineration or be used
as a fertilizer in such a manner as not to create insect breeding or a nui-
sance (Reg. 9-8-431). No special permit is required to dispose of manure (Reg.
9-8-432). The second regulation deals with objectionable facilities and ani-
mals (Reg. 9-8-14). In populous districts manure must be kept in a covered,
watertight pit or chamber. Manure on farms, other than dairy farms, need not
be so protected unless it be specifically required by the DHS or local boards
of health (Reg. 9-8-1411). No pigsty or piggery may be built on marshy
ground, on land subject to overflow, within 200 feet of any stream or other
source of water supply, or within 300 feet of an inhabited house (Reg. 9-8-
1412). Manure may not be allowed to accumulate in any place where it can pre-
judicially affect any source of drinking water (Reg. 9-8-1411). Both local
boards of health and the DHS have enforcement authority (36-136). The DHS is
required to prepare a comprehensive statewide solid waste management plan,
including provisions for reclamation and disposal of solid wastes (36-132.01).
ADDRESS: Department of Health Services
Bureau of Sanitation
1740 West Adams
Phoenix, Arizona 85007
602/271-6141
3. AIR
The DHS, Bureau of Air Quality is the state agency responsible for imple-
menting the state's air pollution control program (36-1706). The definition
of an air contaminant includes odor (36-1701). The DHS has opted to delegate
its responsibility over feedlot odor problems to the Livestock Sanitary Board.
In addition, extensive air pollution control authority is granted to each
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County Board of Supervisors (36-773, 774). Such boards may create air pollu-
tion control districts and may enact rules and regulations (36-774, 779).
ADDRESS: Department of Health Services
Bureau of Air Quality
1740 West Adams
Phoenix, Arizona 85007
602/271-5306
4. COMMERCIAL FEED AND FERTILIZER s
All commercial feeds that are distributed within the state must be regis-
tered with the office of the State Chemist (24-911). In promulgating feed
regulations, the Chemist may call upon an Advisory Committee made up of people
in the field of agriculture (24-904). Commercial fertilizers are so defined
as to exclude manures which are not artificially mixed with any material or
materials (3-262). All commercial fertilizers must be registered with the
State Chemist (3-272). It is unlawful for anyone to sell manure to which
water or any other substance has been added unless there is affixed to the
lot or container a statement that such artificial addition has been made (3-
278).
5. AGRICULTURE
The Livestock Sanitary Board (LSB) is composed of representatives from
various feeding operations including cattle feeding, range cattle growing,
the dairy industry, the sheep and goat industries and the swine producing in-
dustry (24-102). The LSB is authorized to regulate beef cattle feedlots of
more than 500 head (24-391). Any feeding operation that comes under LSB con-
trol must receive a license in order to operate (24-392). These licenses are
issued for a term of one year (24-392). Operators must provide reasonable
methods for the disposal of animal excrement; provide control procedures to
prevent and eradicate pests; provide adequate drainage of surface waters fall-
ing upon the area occupied by feedlots; have available at all times mechanical
means of scraping, cleaning and grading feedlots; and conduct the operation
in conformity with established practices of the industry (24-394). The LSB
has by regulation created a Feedlot Advisory Committee of between five and
seven members. The LSB hears and decides all cases pertaining to feedlot com-
plaints after its own investigation (Reg. 3-9-04). The LSB is both the adju-
dicatory and enforcing agency on feedlot complaints. The LSB has classified
feedlots into three categories according to location. The closer the feedlot
is to a populated area or water source, the more stringent become the perform-
ance standards relating to solid waste removal, sanitary procedures and air
pollution. Category A feedlots, those which are closest to a populated area
or water source, must prevent any dust from arising and spreading; use reodor-
ants, and deodorants or other effective and economically practical means to
remove offensive odors; remove manure and clean pens at least three times per
year; keep stacked manure after removal to a minimum and in as dry a condition
as possible; employ methods of operation to eliminate stagnant water; and
employ such measures as are necessary to control flies (24-391 to 397). The
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LSB also has general regulatory authority over other types of animal and
poultry feeding operations, although no detailed regulations exist for these
other types of operations (24-104). The LSB also regulates the feeding of
garbage to swine (24-941). No person may feed garbage to swine without first
obtaining a permit from the LSB (24-944). All garbage must be processed by
boiling for at least 30 minutes prior to feeding (24-947). All permit holders
must be in compliance with the LSB regulation which requires that an approved
cooker be properly installed on the premises, an approved concrete slab or
other impervious layer be available for the feeding of garbage, the premises
be reasonably drained, and reasonable methods be provided for removal of ma-
nure. Individually operated swine garbage feeding premises must be separated
from other such operations by a minimum distance of 200 feet (Reg. 3-9-05).
The State Dairy Commissioner is also given authority to regulate dairy
barns and vehicles involved in the transportation of milk products but as of
this date he has not promulgated any regulations dealing with the problem
(3-605).
ADDRESS: Livestock Sanitary Board
1688 West Adams
Phoenix, Arizona 85007
602/271-4196
6. NUISANCE
Public nuisance is defined to include any condition which constitutes a
breeding place for rodents, flies or other insects; any condition involving
wastewater or organic wastes which is a threat to the public health; or the
pollution or contamination of any drinking water (36-601). The DHS has pri-
mary authority to enforce, investigate and abate all public nuisance (36-601).
City and county boards of health are also empowered to abate such nuisance
(36-602). Local boards of health may also enact sanitary regulations and may
regulate feedlots, although an opinion of the attorney general has suggested
that they may not impose requirements more stringent than those of the LSB
(36-167, Op. At-Gen 65-4). The DHS also has the authority to investigate
water, solid waste and air pollution that rises to the level of a nuisance
(Reg. 9-8-432). The maintaining of a public nuisance is a criminal misdemean-
or (13-601). In a celebrated recent case, a feedlot was forced to move from
the vicinity of a developing retirement community, but only after the devel-
oper paid the costs of relocation (Spur Industries v. Del Webb Development,
494 P.2d 700.).
7. SOIL CONSERVATION DISTRICTS
Within the State Land Commission there is the Division of Natural Re-
source Conservation which has umbrella authority over local natural resource
districts (45-2011, 2013). Local districts may be created by referendum (45-
2034). Local districts do not possess land use powers (45-2054).
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8. LAND USE
Counties are given the authority to zone and plan (11-802). The county
may adopt a county-wide ordinance, but the statutes provide for local option
elections, whereby residents may opt out of the county-wide zoning ordinance
and have one especially created for a particular area (11-825, 826). No
exemption is given agricultural uses. Cities have the authority to zone and
are specifically empowered to classify land for agricultural use and regulate
it (9-462.01). All real and personal property used for agricultural purposes
is to be assessed at 18% of full value (42-227). Range livestock is assessed
as real estate, while transient livestock is assessed as personal property
(42-234, 235).
The Arizona program has not been approved for the National Pollutant
Discharge Elimination System.
ARKANSAS
Key to Legal Citation
Ark. Stat. Ann. §
(Title #-Section~#T~
(82-1902)
1. WATER
The Department of Pollution Control and Ecology (DPCE), Division of Water
Pollution Control is the agency responsible for implementing the state's water
pollution control program [82-1904(12)]. There is also a Pollution Control
Commission of which the state Soil and Water Conservation Commissioner and a
representative from the agricultural and livestock fields are members (82-
1903). Agricultural wastes are not specifically defined by the statutes.
They would, however, fall either under the definition of sewage, which
includes all excrements or other discharge from animals, or "other wastes"
(82-1902). A disposal system is defined to include any system for the dis-
posing of sewage or other wastes (82-1902). The Commission performs mostly
advisory functions (82-1903). The DPCE may adopt water quality standards,
issue orders and permits, and require approval of plans and specifications for
disposal systems (82-1904). Its authority includes the ability to issue
orders prohibiting or abating the discharge of any sewage into the waters of
the state [82-1904(6)]. All persons who operate disposal systems, which would
seem to include the feedlot operator who has a discharge, must furnish infor-
mation and must permit examination and survey of the system (82-1905). It is
unlawful for any person to place any sewage or other wastes in a place or
location where it is likely to cause pollution (82-1908). Permits are
required for the construction, modification or operation of any disposal
system or for the construction and operation of any facility from which there
would result a discharge of any waste into the waters of the state (82-1908).
There would apparently be no exemptions for small feedlot operators if a dis-
charge takes place. The DPCE has promulgated water quality standards which
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it enforces. Feedlots would come under the general effluent standards found
in Regulation number 2. These standards cover the following subject matter
areas: temperature, color, turbidity, taste and odor, suspended solids, float-
ing materials, deposits, pH, dissolved oxygen, bacteria, and mineral quality.
The fecal coliform content standard depends upon the classification of the
receiving waters. In class AA and A waters fecal coliform content may not
exceed a log mean of 200/lOOml, while in class B waters the fecal coliform
content shall not exceed a log mean of 1000/100ml.
ADDRESS: Department of Pollution Control and Ecology
Water Pollution Control Division
8001 National Drive
Little Rock, Arkansas 72209
501/371-1701
2. SOLID WASTE
The DPCE, Division of Solid Waste is the agency responsible for imple-
menting the state's solid waste regulatory program (82-2703-2707). It is
given rule-making power and responsibility to require approval of plans and
specifications for solid waste disposal facilities and sites (82-2707). It is
also authorized to issue permits dealing with solid waste disposal systems
(82-2707). Although the definition of solid waste includes solid and semi-
solid waste materials from agricultural activities, it has been the continuing
policy of the solid waste division of the DPCE to ignore the agricultural
operations. The only type of agricultural operation for which the solid waste
division requires a permit is the commercial burying of dead carcasses, pri-
marily chickens. On-site disposal of manure would not be regulated even
though there were potential pollution problems from solid waste disposal in
certain portions of Arkansas heavily populated by pig and chicken farms. The
ongoing 208 planning study will apparently consider the problem of solid waste
pollution caused by on-site disposal of manure. The solid waste division
prefers to have all agricultural operations receive their authority from the
Water Pollution Control Division.
ADDRESS: Department of Pollution Control and Ecology
Solid Waste Division
8001 National Drive
Little Rock, Arkansas 72209
501/371-1701
3. AIR
The DPCE, Division of Air Pollution Control is the agency responsible for
implementing the state's air pollution control program (5-908). Air contami-
nants are broadly defined but do not specifically include odors (82-1933).
Agricultural operations, including the growing or harvesting of crops, the
raising of fowls or animals, and the use of equipment for agricultural pur-
poses are specifically exempted from the air pollution control laws (82-1934).
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ADDRESS: Department of Pollution Control and Ecology
Air Pollution Division
8001 National Drive
Little Rock, Arkansas 72209
501/371-1136
4. COMMERCIAL FEED AND FERTILIZER
All concentrated commercial feeding stuffs must be registered with the
State Plant Board before sale within the state (78-703). Concentrated com-
mercial feedstuffs include all feed used for livestock and poultry except
whole hays, straws, and corn stover. In addition, all commercial feestuffs
must be properly labeled (78-701). An exemption from the registration and
labeling requirements is made for concentrated commercial feedstuffs which are
manufactured or mixed and used for feeding to poultry or animals owned by such
manufacturer or mixer (78-719). There is also an exemption made for a manu-
facturer of feedstuffs who has entered into a joint venture with a feeder of
poultry or animals (78-719). All those who seek an exception to the applica-
tion of the registration and labeling requirements must obtain a permit from
the State Plant Board (78-720). All sellers of commercial fertilizers must
also be registered with the State Plant Board (77-701). The State Plant Board
shall, each year, promulgate a list of approved ratios and minimum grades for
mixed commercial fertilizers (77-701). There is no particular exemption for
unmanipulated manure. However, if a farmer would use the manure on his own
land, there would apparently be no requirement of registration.
5. AGRICULTURE
The Arkansas Livestock and Poultry Commission is vested with the respon-
sibility of supervising the "livestock sanitary work" of the state (78-401,
78-3TO). All stockyards and auction markets must be maintained in a reason-
ably sanitary condition (78-446). The only regulation enacted by the Commis-
sion deals with the sanitary conditions of sales markets. There is apparently
no regulation of the feeding of garbage to swine.
6. NUISANCE
The State Board of Health is given the authority to examine, investigate
and abate nuisance (82-112). All cities and towns may cause the abatement of
any nuisance in their jurisdiction, and they may delegate that responsibility
to the local Board of Health (19-2303). The violation of any water pollution
regulation or statutory provision is made a public nuisance (82-1908).
7. SOIL AND WATER CONSERVATION
The Arkansas Soil and Water Conservation Committee is the statewide
agency having the duty to develop a soil conservation plan (9-904). Local
soil conservation districts may be organized by petition of 25 landowners
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(9-905). Local districts may exercise land use regulations upon the adoption
of a land use plan through a local election (9-910). These land use ordi-
nances may be enforced through the local courts (9-911).
8. LAND USE
Counties have the authority to create comprehensive plans (17-1103).
Such plans may provide recommendations for the conservation of natural re-
sources including the land (17-1104). Such a plan is to be primarily related
to county public expenditures and not to private land use (17-1105). Munici-
palities have the authority to zone within the'ir jurisdictions (19-2804,2805).
Cities may zone outside of their jurisdictional limits along navigable streans
for a distance of five miles outside the corporate limits in either direction
and for a distance of two miles laterally from the thread of the stream
(19-2804.2). There are no exemptions made for agricultural uses.
9. MISCELLANEOUS
Any person to whom livestock are entrusted for the purpose of feeding
shall have a lien upon such livestock for the amount that may be due for such
feeding, herding or pasturing (51-917). The gross receipts and proceeds de-
rived from the sale of agricultural fertilizer are exempt from the gross
receipts tax (84-1905.2)
The Arkansas program has not been approved for the National Pollutant
Discharge Elimination System.
\ CALIFORNIA
Key to Legal Citation
Cal. Code § (West)
ITSubject) Code §]
(Water Code §175)
1. WATER
The Water Resources Control Board (WRCB) is the agency primarily respon-
sible for implementing the state's water pollution control strategy (Water
Code §13140-13171). Two members must be engineers (Water Code §175). Regional
Boards, as well, have extensive regulatory authority; each of the nine region-
al boards must include at least one agricultural member. Each regional board
is required to propose a basic plan which must deal with the problem of feed-
lot pollution within its region (WC §13240). While the WRCB and regional
boards regulate the water pollution strategy, cities, counties, or the
Attorney General may at any time bring an action to abate a nuisance (WC
§13002). Waste is so defined as to include any and all waste substances from
agricultural operations (WC §13050). All discharges of wastes must be
17
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reported to the appropriate regional board (WC §13260). The regional board
may impose any requirement on said discharge consonant with the water quality
standards (WC §13263). The regional board may issue a compliance order to
correct the situation (WC 13300-1). The WRCB has issued minimum guidelines
for feedlots; these may be exceeded by regional boards as required to meet
the water quality standards. The guidelines require^control of surface drain-
age from the ten-year 24-hour storm regardless of size. Feedlots must be
protected from stream overflow in the 20-year storm for old operators and the
100-year storm for new operators. Surface drainage must be diverted from
manure storage areas. Washwater and surface drainage must be directly applied
to croplands or discharged to an approved treatment system. Lands that
receive wastes must be managed to minimize erosion and runoff; dry manure
should be incorporated as soon as possible. Odor problems in waste storage
must be minimized. The guidelines also require the feedlot operator to mini-
mize groundwater pollution. Special sealants for retention ponds are not
required if the ponds are on sandy loam or finer soils. The fees for a waste
discharge permit range up to $1,000 for the larger operations. A general
animal waste program has been developed for the various types of feeding
operations depending upon location. Dairies seem to have the most difficult
and expensive tasks in meeting the WRCB guidelines. For example, in the
Central Valley region, which contains some 550,000 dairy cows, the average
investment cost of the control facilities is about $53.00 per cow.
ADDRESS: Water Resources Control Board
P. 0. Box 100
Sacramento, California 95801
916/322-8353
2. SOLID WASTE
The Solid Waste Management Board (SWMB) is the agency responsible for
implementing the state's solid waste management program (Government Code
§66711). Counties must prepare solid waste management plans (GC 66780).
Solid waste is defined to include manure (GC §66719). Again, cities, counties,
and the Attorney General may abate any nuisance regardless of SWMB rules (GC
§66732). Two members of the SWMB must be engineers, but no agricultural
representative is specified. Counties must prepare plans consistent with the
SWMB plan (GC §66780). SWMB regulations define agricultural solid wastes to
include manure (Reg. 17225.3). All owners of disposal sites, including agri-
cultural lands, must obtain written^ approval before they may utilize such land
for disposal purposes (Reg. 17606). New disposal sites must obtain design
approval (Reg. 17626). Recently adopted regulations provide recommendations
rather than strict requirements for feedlot operation (Reg. 17801). The feed-
lot operator may propose the means of compliance rather than having the SWMB
dictate the type of disposal system required (Reg. 17801). Compliance with
the SWMB regulations does not relieve the feedlot operator from obtaining
local permits or licenses. The feedlot operator must utilize a disposal pro-
cess in conformity with the county solid waste management plan (Reg. 17804).
All feedlots must be operated so as to minimize the occurrence of excessive
vectors (insects), odors, and dust. Proximity to non-agricultural land uses
is a factor in ascertaining the existence of a public health hazard (Reg.
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17820). The presence of excessive vectors is prima facie evidence of the
existence of a public health hazard. The operator must correct all health
endangering conditions. Good waste management practices must be used. Reten-
tion ponds and lagoons must be so managed as to minimize excessive vectors or
other public health endangering conditions (Reg. 17824).
ADDRESS: Solid Waste Management Board
Room 1335, Resources Building
1416 Ninth Street
Sacramento, California 95814
916/322-3330
3. AIR
The State Air Resources Board (ARB) shares the responsibility for imple-
menting an air pollution control program with county and regional Air Pollu-
tion Control Districts (APCD's). "Air contaminant" is so defined as to
include odors (Health & Safety §39013). There is a general prohibition
against the emission of any air contaminant which may cause injury or annoy-
ance to persons or property (H & S §41700). This prohibition is not appli-
cable, however, to odors emanating from agricultural operations necessary for
the growing of crops or the raising of fowl or animals (H & S §41705). Every
APCD is empowered to operate a permit system for all stationary sources of
air contaminants (H & S §42300). An exemption from the permit requirement is
made for equipment used in agricultural operations, in the growing of crops
or in the raising of fowl or animals (H & S §42310). The Imperial County
APCD has enacted a regulation requiring that all feedlots within 1-1/2 miles
of an "urban limit" as delineated in the County General Plan obtain a "live-
stock feedyard certificate." The certificate is designed to require the
operator to minimize the dust problem through a dust control plan which must
contain procedures for maintaining the manure at a moisture factor between
20% and 40%. The ARB has brought two actions for injunctive and monetary
relief against two feedlots in Imperial County. The odor problem is attacked
by virtue of a general nuisance statute (Civil Code §3479) to circumvent the
exceptions contained in the air pollution statute. A second complaint alleges
violation of the general emissions prohibition because of the fugitive dust
and particulate emissions. The Kern County APCD has recently been requiring
feedlots of which feedmills are integral components to secure emission permits.
The Kern County Regulations require permits both to construct and to operate
any stationary source of an air contaminant. Plans and specifications must
be submitted. The only agricultural exemption is for mobile equipment.
Existing feedmills not attached to a feedlot have already been required to
obtain permits. The usual emissions standard for particulate matter arising
from feedmills is specifically held not to be applicable to agricultural
operations necessary for the growing of crops, the raising of fowl or animals,
or the use of other equipment in such activities. The APCD argues in an
issued legal opinion that this exception should be interpreted narrowly and
that there is no reason to distinguish between the off-site feedmill and an
on-site feedmill. A similar argument is advanced for the visible emissions
standard which is also otherwise not applicable to agricultural operations.
The feedlot operators have argued that since the APCD still has a general
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nuisance provision which would be applicable, there is no need to require the
on-site feedmills to incur the rather heavy financial burden of seeking per-
mits.
ADDRESS: Air Resources Board
1102 Q Street
P. 0. Box 2315
Sacramento, California 95812
916/322-6022
4. COMMERCIAL FEED AND FERTILIZER
The commercial feed law is enforced by the Department of Food and Agri-
culture (Agricultural Code §14902). There is a Feed Inspection Advisory Board
which makes recommendations and regulations (AGR §14971). All feed manufac-
turers and distributors must be licensed (AGR §15051). Refeeding is allowed
under a licensing operation (Reg. 2774.5). The composition of the end-product
is carefully regulated as to moisture, chemical, microbiological and inorganic
content. It may not be fed to dairy cattle, or to other animals within 15
days of slaughter (Reg. 2774.5). The manure may be sold if it meets the
quality requirements. There are special categories and standards for dried
poultry waste, dried poultry litter, dried ruminant waste and processed animal
waste. Commercial fertilizers are also regulated by the Department of Food
and Agriculture (AGR §14531). Fertilizer is so defined as not to include
manure. Manure is defined as excreta that is not artificially mixed with any
material except that which has been used for bedding (AGR §14507). All fer-
tilizer dealers must be registered (AGR §14621).
ADDRESS: Department of Food and Agriculture
1220 N. Street
Sacramento, California 95814
916/322-5820
5. AGRICULTURE
Until January 1, 1978, all cattle feedlots having at least 500 head must
be registered with the Department of Food and Agriculture (AGR §21081). The
purpose of the registration is for brand and hide inspections (AGR §21083).
The Department regulates the feeding of garbage to swine (AGR §10921) The
feeding of household garbage to one's own swine is exempted from regulation
(AGR §10501). All garbage must be boiled for 30 minutes prior to feeding
(AGR §10951-2). All feeders must be licensed by the Department (AGR §10981).
Dairy farms are also regulated by the Department (AGR §32701), It is unlawful
to maintain an unsanitary dairy farm (AGR §33451). Plans and specifications
for new dairies must be submitted to the Department for approval (AGR §33481).
Building yards or enclosures must be kept clean and no part of the yards may
be used to deposit manure which is allowed to decay (AGR §33514).
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6. NUISANCE
The State Board of Health has general nuisance abatement powers (Health
& Safety Code 203, 206). It has ancillary powers to abate any activities
that will pollute waters utilized as a potable supply (H & SC §4457). Nui-
sance and public nuisance are very broadly defined (Civil Code §3479). As
noted above, these general nuisance statutes have been utilized to seek abate-
ment of alleged noisome conditions arising from feedlot operation. City and
County Boards of Health also have nuisance abatement authority (H & SC
§41509). Specific authority is given state and local boards to abate contami-
nation or pollution of the waters (H & SC §5410).
7. SOIL AND WATER CONSERVATION
California recently changed the traditional soil and water conservation
districts into Resource Conservation Districts (RCD) (Public Resources §9021).
The Department of Conservation, Division of Resource Conservation and the
State Resource Conservation Commission jointly oversee the conservation pro-
gram (PR §9063, 9111). The RCD's may develop comprehensive soil and water
conservation plans (PR §5413). They may also assist private land occupiers
in order to achieve the local plan objectives (PR §9412). They do not have
land use authority.
8. LAND USE
California is a leader in the field of planning and zoning. All zoning
regulations, whether adopted by cities or counties, must be in strict accor-
dance with a mandatory master or comprehensive plan (Government Code §65680,
§65860). Every master plan must contain a land use element, an open space
element, a conservation element, and a noise element among other requirements
(GC §65302). Agricultural operations are specifically included within the
open space element of the plan. The State Office of Planning and Research was
ordered to inventory prime agricultural land for the purpose of inclusion
within the open space plan (GC §65570). California also has a complex system
of preferential tax assessment, tied into a system of reserving prime agricul-
tural land for agricultural use (GC §51200, et. seq., Revenue and Taxation
Code 400 et. seq.). Land which is held under an agreement to retain it in
agricultural use may be assessed solely at its agricultural value subject to
the agreed upon open space restrictions (R&T §421, 423).
9. FISH HATCHERIES
All nonprofit anadromous fish hatcheries must'obtain permits from the
Fish and Game Commissioner (Fish & Game Code §1170). All fish breeders must
also be licensed (F&G §6452). The depositing in the water of any substance
deleterious to fish, plant or bird life is prohibited (F&G §5650).
California was authorized to administer the National Pollutant Discharge
Elimination System on May 14, 1973. The Water Resources Control Board is the
21
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administering agency.
COLORADO
Key to Legal Citation
Colo. Rev. Stat. §
(§ )
(25-8-101)
1. WATER
The Colorado Water Quality Control Act (25-8-101 et. seq.) provides a
comprehensive scheme for the regulation of discharges of pollutants into the
waters of the state. The Department of Health (DOH), Water Quality Control
Division (WQCD) is the agency responsible for implementing the state's water
pollution control program. A Water Quality Control Commission (WQCC) adopts
water pollution regulations (25-8-201). Concentrated animal feeding opera-
tions are defined to be point sources [25-8-103(10)]. Agricultural wastes are
declared to be a pollutant [25-8-103(11)]. The WQCC also regulates sewage
treatment works, but the statutes do not define sewage [25-8-103(15)]. All
point sources must obtain permits from the WQCD (25-8-501). Special require-
ments are set out for discharges from sewage treatment works (25-8-501). Only
feedlots with 1,000 slaughter or feeder cattle; 700 dairy cattle; 2,500
swine; 10,000 sheep; 55,000 turkeys; 100,000 chickens, with continuous over-
flow watering; 30,000 chickens, with liquid manure handling systems; or 5,000
ducks are required to obtain permits (25-8-502). No discharge is allowed
which would violate any state, regional or local land use plan (25-8-503).
The WQCC is directed to not require permits for animal wastes on farms and
ranches, except as may be necessitated by federal acts or regulations (25-8-
506). The feedlot regulations require all existing feedlots to be able to
store all process wastewater from the 10-year, 24-hour storm. New facilities
must be able to store wastewater resulting from the 25-year, 24-hour storm.
The state discharge permit system regulations continue the statutory limita-
tions on requiring permits for the small feedlot operator. Regulations also
cover accidental spills or discharges which must be reported to the DOH.
Finally, if there is a chance of groundwater pollution from lagoons or from
land application of manure, the rules for subsurface disposal systems are
activated and made applicable to the feedlot operator. The primary regulatory
scheme is the requirement of a permit issued by the DOH.
ADDRESS: Department of Health
Water Quality Control Commission
4210 East llth Street
Denver, Colorado 80220
303/388-6111
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2. SOLID WASTES
Agricultural wastes are specifically exempted from the application of the
Solid Waste Disposal Act (30-20-101).
3. AIR
The DOH, Air Pollution Control Division (APCD) is the state agency
responsible for implementing the state's air pollution program (25-7-103).
There is also an Air Pollution Control Commission (APCC) which is the rule
making and permit issuing agency (25-7-105). The definition of air contami-
nant does not specifically include odors but is broad enough to encompass odor
problems (25-7-103). The basic tool of the statutory program is the require-
ment of permits for new sources (25-7-112). According to the regulations, new
sources, including feedlots, which have a fugitive dust problem must, in seek-
ing a permit, explain methods taken to minimize the dust problem. Dust prob-
lems are usually handled on a citizen complaint basis. Regulations have been
promulgated that deal with the odor pollution problem. The APCD uses the
Barneby-Cheney scentometer to measure odor pollution. The dilution rate is
set at 7 for residential and commercial areas and at 15 for all others.
Agricultural sources are exempt, up to a dilution ratio of 127:1, if the best
practicable treatment is being utilized to minimize emissions. Two odor
measurements must be taken within one hour before enforcement is possible.
Appropriate preventive and abatement measures must be taken by any individual
whose activities could create unreasonable amounts of fugitive dust.
ADDRESS: Department of Health
Air Pollution Control Division
4210 East llth Street
Denver, Colorado 80220
303/388-6111
4. COMMERCIAL FEED AND FERTILIZER
All commercial feed is regulated by the Department of Agriculture (35-
60-103). All feeds must be registered with the Department (35-60-105). Under
its regulatory authority (35-60-107) the Department has enacted regulations
dealing with processed animal waste products (PAWP). No person may sell or
distribute any PAWP prior to registration with the Department. All applicants
must submit detailed descriptions of the processes used and samples of the
final products. Quality standards have been established for three subcate-
gories of PAWP: dried poultry waste, dried poultry litter and dried ruminant
waste. These standards deal with permissible content of protein, crude fiber,
ash, moisture, feathers and litter. PAWP must be properly labelled with its
ingredients being correctly identified. PAWP may not contain any pathogenic
organisms, drug or pesticide residues, or harmful parasites. All PAWP's must
be thoroughly tested and proper records must be maintained. The Department
regulates commercial fertilizers (35-12-103). However, unmanipulated animal
manures, defined to be those not processed in any manner, are exempt from
regulation (35-12-103). Manipulated manures must meet minimum reporting
23
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requirements as to chemical content (35-12-103). Soil conditioners, which can
include manipulated manures, must be registered with the Department before
sale (35-12-103).
5. DEPARTMENT OF AGRICULTURE
The Department of Agriculture requires that hog breeding facilities be
free from collections of waste material (35-52-116). Public livestock markets
must be licensed, and minimum square footage requirements for pens are man-
dated (35-55-101). All such markets must be maintained in a sanitary condi-
tion and be cleaned under the supervision of a veterinarian (35-55-109). The
Department of Agriculture also includes the Colorado Beef and Colorado Sheep
Boards, which are given the duty of promoting the agricultural production of
beef and sheep (35-57-110, 35-57.5-102). Garbage may not be fed to hogs with-
out pretreatment by boiling (35-52-113). All garbage feeders must obtain per-
mits from the Department (35-52-114). The premises where hogs are fed must
be free of collections of garbage and waste materials, as well as free of
excessive rats and flies (35-52-116). All dairy barns must be kept in a sani-
tary manner (35-24-103).
ADDRESS: Department of Agriculture
406 State Services Building
1525 Sherman Street
Denver, Colorado 80203
303/892-3561
t
6. NUISANCE
The DOH has the authority to abate nuisances (25-1-108). It also has the
authority to enforce minimum sanitary standards as to the quality of wastes
discharged upon land and the quality of fertilizer derived from human wastes
or sludge from sewage treatment plants (25-1-107). Pollution is classified
as a Class 3 public nuisance (16-13-305). All local governments may prohibit
nuisance type businesses within one mile beyond their boundaries. They may
also require that sanitary standards be maintained in any stable or pigsty.
Finally, they may regulate livery stables within their borders (31-15-501).
7. SOIL AND WATER CONSERVATION
There is a State Soil Conservation Board with mostly advisory powers
(35-70-103). Local districts may be formed after local option elections (35-
70-104). Districts may adopt land use ordinances after a local referendum on
the issue (35-70-109). The land use ordinances are enforced by civil legal
actions (35-70-114). There is also a soil erosion statute that allows
counties to enact ordinances to deal with the problem (35-71-102).
24
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8. LAND USE
Colorado has an extensive statewide land use program (24-65.1-101 et.
seq.). Development may be restricted in certain areas or in matters of state-
wide concern (24-65.1-102). There is no direct reference to feedlots in the
state regulatory scheme. Counties are authorized to zone and plan in the
incorporated areas of the county (30-28-102). There is no exemption made for
agricultural uses (30-28-111). Cities may zone and plan, including agricul-
tural lands (31-23-301). Agricultural land uses, including feedlots, may be
assessed at actual value, rather than at potential use value for purposes of
determining the ad valorem property tax (39-1-103).
Colorado was granted NPDES authority on March 27, 1975. The authority
is administered by the Department of Health.
CONNECTICUT
Key to Legal Citation
Conn. Gen. Stat. §
(i )
(25-54)
1. WATER
The Department of Environmental Protection (DEP), Water Compliance Unit
is the agency responsible for implementing the state's water pollution control
program'(22a-2). There is, in addition, a Council on Environmental Quality
(CEQ), a citizen body with mostly advisory powers (22a-ll). Agricultural
wastes are not defined in the statutes but would seem to fall under the
general categories of "sewage" and "wastes" (25-54b). There are no particular
regulations dealing with feedlot pollution, but if a discharge is involved a
permit must be secured regardless of the size of the feedlot (25-54i). The
DEP requires that treatment must be consistent with technical feasibility and
takes into consideration the effect of the discharge on the quality of the
receiving water. The Department of Health has jurisdiction over pollution of
sources of drinking water in the state (25-32). The Department of Health may
seek injunctive relief against the polluting source when it endangers a sup-
ply of drinking water or ice (25-51). Connecticut allows any person, includ-
ing the attorney general, to seek declaratory or equitable relief from
unreasonable pollution (22a-16). An informal cooperative agreement between
the DEP, the Board of Agriculture, and the USDA (ASCS and SCS) attempts to
deal with the cleaning up of feedlots after complaints have been heard. A
second area of concern of this agreement is the correction of the more serious
pollution sites. The usual remedy involves a state or federal cost-sharing
agreement with the farmer who puts in a water pollution control system.
25
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ADDRESS: Department of Environmental Protection
Water Compliance Unit
State Office Building
Hartford, Connecticut 06115
203/566-3654
2. SOLID WASTE
The DEP, Solid Waste Management Section is the agency responsible for
implementing the state's solid waste management program (19-524a). Although
solid waste is broadly defined in the statute, the entire thrust of the regu-
latory program is devoted to the municipal solid waste program, not to the
agricultural waste situation (19-524e). The statutes and regulations do not
exempt agricultural waste disposal from the permit system. The principal
method of manure disposal is through land application, which is considered by
the DEP to be merely the application of fertilizer not requiring any type of
permit.
ADDRESS: Department of Environmental Protection
Solid Waste Management Section
State Office Building
Hartford, Connecticut 06115
203/566-5847
3. AIR
The DEP, Air Quality Division is the agency responsible for implementing
the state's air pollution control program (19-507). Air pollution is broadly
defined by statute, but odor is not specifically mentioned as an air pollutant
(19-505). Odor is, however, included within the definition of an air pollu-
tant in the regulations. Odor is not considered to be a serious problem at
present. The basic regulatory scheme is that all new sources of air contami-
nants must obtain permits issued by the DEP (19-519a). Compliance with the
statute and regulations is not a defense to a nuisance action. Agricultural
activities are exempt from the fugitive dust regulations, but they must
operate so as to minimize airborne dust. No person may allow the emission of
objectionable odors beyond his property line. An odor may be declared to be
objectionable only after the DEP has made an on-site inspection and has taken
into consideration the nature, concentration, location and duration of the
odor. The Mills adaptation of ASTM D-1341-52 with a maximum allowable level
of 120 odor units per cubic foot may also be employed as a criterion of accept-
able odor.
ADDRESS: Department of Environmental Protection
Air Quality Division
State Office Building
105 Capitol Avenue
Hartford, Connecticut 06115
203/566-3160
26
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4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds must be registered with the Board of Agriculture
(22-118b). Feeds need be registered only if they are sold or supplied to
another (22-118b). Fertilizers are also regulated by the Board (22-118b).
Fertilizers are defined to exclude unmanipulated animal manure (22-lllb). All
commercial fertilizers must be registered (22-1 lie).
5. AGRICULTURE
The Board of Agriculture is authorized to reimburse farmers for one-half
the cost of the completion of a farm waste management system provided that the
reimbursement not exceed $3,500 (22-6c). The system must be certified by the
Federal Agricultural Stabilization and Conservation Service (22-6c). The
Department requires that all stables, buildings and premises where milk is
handled must be kept in a clean and orderly manner (22-189). Cows must be
kept clean and housed in suitable quarters. The water used must be free from
pollution (22-189). All privies, sink drains and cesspools must be so located
as not to be a menace to the milk products or to the public health (22-189).
The Board also requires that all cattle and swine dealers be licensed (22-387).
There is, however, an exception for those who both raise and sell cattle and
for those who buy cattle and feed them, but dispose of them within 60 days of
purchase (22-382). All swine growers must be registered as well (22-319).
Garbage may be fed to swine only after boiling and after registration with the
Board (22-320c). The Board is represented on the State Agricultural Waste
Control Committee which considers methods and practices for animal waste pol-
lution control.
ADDRESS: Board of Agriculture
State Office Building
Hartford, Connecticut 06115
203/566-4268
6. NUISANCE
Rubbish deposited in streams is specifically declared to be a nuisance
and double damages may be recovered for injury caused in this manner (19-312).
Allowing water to become filthy or polluted constitutes a nuisance (19-315).
All towns, cities or boroughs have the authority to abate any public nuisance
(7-148). Cities, towns or boroughs are also given the authority to define
nuisance, within their limits, and to provide for the abatement of such nui-
sance at the expense of the owner [7-194(29)]. They may also regulate and
prohibit the keeping of swine, cattle or poultry within the city limits as
well as prevent the construction of poultry pens and houses. Cities may also
regulate the removing of manure from the streets of the city (7-194).
7. SOIL AND WATER CONSERVATION
The Commissioner of the DEP has the authority to create local soil and
27
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water conservation districts (SCO's) (25-104a). There is no express authority
for the exercise of land-use controls by SCO's (24-104a). The SCO's do have
the power to develop erosion and sedimentation control programs as well as
soil and water conservation plans.
i
8. LAND USE
There is a State Commissioner of Planning and Energy Policy whose duty it
is to create and periodically revise a statewide plan (16a-27) dealing with
both pollution and conservation. Regional planning agencies also may be
created to make land-use plans (8-35). All cities, towns and boroughs have
the power to zone and plan within their limits (8-2). There is no mention of
agricultural uses. There are, in addition, strict land-use regulations appli-
cable to the wetlands of the state (22a-30); their disturbance requires a
permit issued by the DEP (22a-13). Connecticut has a preferential tax treat-
ment assessment system for farmlands in order to preserve farmland and open
space (12-107a-e). Livestock is exempted from the property tax (12-91).
Connecticut was granted NPDES authority on September 26, 1973. The
authority is administered by the Department of Environmental Protection.
DELAWARE
Key to Legal Citation
Del. Code Title #, §
(Title , §
(7-6002) "
1. WATER
The Department of Natural Resources and Environmental Control (DNREC),
Water Quality Section is the agency responsible for implementing the state's
water pollution control program (7-6002). The basic regulatory system for
water pollution is the requirement of a state permit for all activities that
may contribute to the discharge of a pollutant to any ground or surface water
(7-6003). Wastes from feedlots might fall under the definition of industrial
wastes, liquid wastes, other wastes or sewage (7-6002). Agricultural wastes
that are discharged into the waters of the state are specifically included in
the definition of a pollutant (7-6002). The DNREC has promulgated regulations
which, though not specifically applicable to the feedlot operator, do pose
several requirements for him in his operation of animal waste storage and
disposal facilities. Permits are required for all discharges of pollutants
(Reg. 3.01), which are defined to include agricultural wastes (Reg. 2.23).
In addition, all discharges of liquid wastes, which would also include agri-
cultural wastes which would reach specified water bodies, must be treated
(Reg. 7.01). The regulations also limit the land disposal techniques for
liquid waste (Reg. 9.01). Spray irrigation of liquid wastes may be used only
in areas of permanent vegetation (Reg. 9.01). The hydraulic application rate
-------
must be so selected as not to exceed the infiltration capacity of the soil
(Reg. 9.07). Runoff and erosion must be controlled, and buffer zones for
adjacent property must be considered (Reg. 9.06). Hydrologic and soil inves-
tigations must be carried out to determine suitability of land for the dispo-
sal of liquid waste (Reg. 9.10). The application of organic fertilizer to the
land for agricultural purposes, where accomplished using recognized methods,
is specifically exempted from the permitting requirement (Reg. 13.03). In
addition, there is a statute making the placement or discharge of any foreign
matter into a drinking water supply an offense subject to a fine of not less
than $1,000 nor more than $5,000 per incident (16-1301). No state water may
be polluted so as to injure or destroy any fish (7-1112). Any person who dis-
charges a pollutant into the water must report it or be subject to fine (7-
6028).
3
ADDRESS: Department of Natural Resources
and Environmental Control
Division of Environmental Control
Water Quality Section
Edward Tatnall Building
Dover, Delaware 19901
302/678-4761
2. SOLID WASTES
The DNREC, Solid Waste Management Section is the agency responsible for
implementing the state's solid waste management program (7-6025). Except for
the disposal of agricultural wastes on farms, all solid waste disposal opera-
tions must obtain permits from the DNREC (Reg. 3.06). Counties are given the
responsibility for preparing county plans for collection, storage and disposal
of all solid waste (16-1802). Solid waste is defined to specifically include
agricultural waste (16-1801). There is also a Delaware Solid Waste Authority,
which has plan-making resoonsibility for the statewide solid waste problem
(7-6404).
ADDRESS: Department of Natural Resources
and Environmental Control
Division of Environmental Control
Solid Waste Management Section
Edward Tatnall Building
Dover, Delaware 19901
302/678-4781
3. AIR
The DNREC, Air Resources Section is the agency responsible for implement-
ing the state's air pollution control program (7-6002). Air contaminants are
defined to include fumes or vapor, but not odor (7-6002). All persons who may
cause or contribute to the discharge of an air contaminant must obtain permits
(7-6003). All persons who discharge an air contaminant and do not report it
are subject to fine (7-6028). There are no fugitive dust or odor regulations
29
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applicable to the feedlot operator.
ADDRESS: Department of Natural Resources
and Environmental Control
Division of Environmental Control
Air Resources Section
Edward Tatnall Building
Dover, Delaware 19901
302/678-4791
4. COMMERCIAL FEED AND FERTILIZER
The Department of Agriculture requires that all commercial feeds that are
sold, exchanged or distributed within the state be registered (3-1704). All
commercial fertilizers also must be registered (3-2104). Fertilizers are so
defined as to exclude unmanipulated animal manures (3-2103).
5. AGRICULTURE
Three counties, under the guidance of the Department of Agriculture, may
appropriate $3,600 per year per county for the development, encouragement or
improvement of agriculture (9-310). There are Advisory Councils on Poultry
Promotion and Agriculture to aid both the Department and the Governor in
making policy decisions relating to agriculture (29-8107, 8108). Garbage may
not be fed to swine except by an individual farmer who feeds only his own
household garbage to hogs raised solely for the use of that farmer (3-7108).
However, the State Board of Health licenses all individuals who want to bring
garbage into the state for the purpose of feeding it to swine or for any other
purpose (16-1701). The Department does not directly regulate dairy farms.
6. NUISANCE
No person may dump garbage, refuse or offal without obtaining permission
of the owner of the land (16-1704). The State Board of Health regulates the
location and structure of all privy wells and other drainage systems (16-1501).
No person may place any privy, hogpen or slaughterhouse so near a drinking
water supply that the excrement or offal can, upon escape, run into any *
stream or running water (16-1302). Such acts are nuisances and may be abated
immediately (16-1302). The State Board also licenses all poultry processing
operations, including feeding stations and feeding rooms (16-3701). There is
an exception for the slaughtering of poultry when it forms a part of a general
farm operation (16-3702). The plant must be kept in a sanitary condition if
the permit is to be renewed (16-3706). The State Board may investigate and
abate any nuisance in the absence of a local board of health .(16-126).
Slaughterhouses within city limits may be declared to be nuisance by the
local board of health (16-308). The placement of noisome matters in public
places is a civil offense (16-309). Local boards of health may also abate
any nuisance (16-310). They may order the removal of all hogpens if deemed
necessary for protection of the public health (16-301).
30
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7. SOIL AND WATER CONSERVATION DISTRICTS
The DNREC is the state agency that has advisory powers over the local
soil and water conservation districts (29-8012). Local districts hav<= only
planning and survey powers (7-3908).
8. LAND USE
The state is involved in zoning and planning in the coastal zone area
(7-7002) and the wetlands areas (7-6603). Neither state activity has dealt
with feedlot operation. Both cities and counties have the authority to zone
and plan (22-301). There is no mention of agricultural uses in the statutes.
For general property tax purposes, land devoted to agricultural uses is to be
assessed at its value for such use, not at its speculative value (30-8329).
Livestock raising is considered to be an agricultural use (30-8330).
Delaware was granted NPDES authority on April 1, 1974. The authority is
administered by the Department of Natural Resources and Environmental Control.
FLORIDA
Key to Legal Citation
Fla. Stat. §
(§ )'
(40O01)
1. WATER
The Department of Environmental Regulation (DER), Bureau of Water Qual-
ity Management is the agency responsible for implementing the state's water
pollution control program (403.061). Agricultural wastes fall under the
general definition of wastes (403.031). By virtue of its power to promulgate
rules and regulations [403.061(7)], the Board has issued its permitting regu-
lations (Chapter 17-4). Permitting authority is specifically granted to the
DER over new sources of water pollution (403.087) that affect surface and/or
groundwater (403.062). Engineering Memo FL-29 explains the permitting system
for feedlot operations. If a feedlot produces less than 500 pounds of BOD5
daily the DER requires that the design of its waste management system be
prepared by the personnel of the USSCS and that the plans be submitted to the
appropriate DER district office. Comments from local, county and special
agencies are to be included in the draft proposal. No permit is required but
the system is registered with the DER. The local pollution control agency
may, at its discretion, have more stringent rules [403-182(2)]. For feedlots
producing over 500 pounds BOD5/day, a permit must be secured (403.087, Rule
1704.21). An engineering report, including a USGS topographical map, is re-
quired. Additional comments from local county pollution control departments
are solicited, as are comments from state agencies involved in dairy products
if appropriate. Upon approval of the plan, DER issues a construction permit
31
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and may require future water sampling or monitoring. The DER and the USSCS
cooperate in setting minimum operational standards for feedlots.
ADDRESS: Department of Environmental Regulation
Bureau of Water Quality Management
2562 Executive Center Circle, East
Tallahassee, Florida 32301
904/488-6221
2. SOLID WASTES
The DER, Solid Waste Management Program is the state agency responsible
for implementing the state's solid waste program (403.704). There are no
specific regulations designed to control wastes from feedlot operations. The
state is authorized to create a statewide resource recovery and management
plan (403.705). Included within this plan must be a permit system for the
disposal of solid wastes. However, "normal farming operations" are exempted
from the definition of resource recovery and management facility (Reg. 17-
7.03). By administrative interpretation, feedlots are not considered to be
"normal farming operations." The other exemption from the permitting require-
ment for solid waste disposal operations is the disposal of such waste on
one's own property (Rule 17-7.03). This would seem to cover the usual method
of disposal of wastes from the feedlot operation. No solid waste, not covered
by the two exemptions, may be disposed of except by permit (Rule 17-7.04).
If a permit be required, the DER imposes performance standards so as to mini-
mize air, water and land pollution (Rule 17-7.05). The DER regulations dis-
approve of the disposal of solid wastes in a variety of contexts, mostly
dealing with potential surface and groundwater pollution (Rule 17-7.04). In
addition, local governmental approval is required in many cases (403.708)
These prohibitions would apply to any individual disposing of solid wastes.
ADDRESS: Department of Environmental Regulation
Solid Waste Management Program
2562 Executive Center Circle, East
Tallahassee, Florida 32301
904/487-1150
3. AIR
f
The DER, Air Quality Management Program is the agency responsible for
implementing the state's air pollution control program (403.031-2). Odors
are not specifically included within the statutory definition of a "contami-
nant," but the definition is clearly broad enough to include them (403.031).
The regulations define odors and objectionable odors utilizing a nuisance-
type approach. No person may discharge emissions which contribute to an
objectionable odor.
32
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ADDRESS: Department of Environmental Regulation
Air Quality Management Program ^
2562 Executive Center Circle, East
Tallahassee, Florida 32301
904/487-1855
4. COMMERCIAL FEED AND FERTILIZER
Commercial feed distribution and sale is regulated by the Department of
Agriculture and Consumer Services (580.21) All feeds, except those mixed for
the consumer's own use, must be registered (580.041). The Department may
promulgate regulations regarding the sale and distribution of any commercial
feed (580.101). The Department also regulates the sale and distribution of
commercial fertilizers (576.011). All fertilizers must be registered with
the Department (576.021). The Department has not enacted any regulations on
feed or fertilizer that would have an impact on the feedlot operator.
5. AGRICULTURE
The Department of Agriculture and Consumer Services is empowered to regu-
late agricultural activities with a specific exemption for matters that af-
fect the public health and which are regulated by another state agency (570.
07). No general feedlot regulations have been promulgated. The Department
.cooperates with the USSCS in getting cost-sharing monies for animal waste
storage and diversion facilities. All individuals who feed garbage to swine
must obtain permits from the Department unless the swine are to remain on the
farm (585.50-.51). The permitted feeder must maintain'his premises in a sani-
tary condition (585.52).
ADDRESS: Department of Agriculture
and Consumer Services
Collins Building
Tallahassee, Florida 32304
904/488-3022
6. NUISANCE
The Department of Health, Division of Public Health and local public
health agencies have the authority to regulate public health nuisance and
sanitary practices relating to the disposal of excreta (381.031). The Divi-
sion has no present regulatory scheme directly affecting feedlot disposal
problems. Clearly, the Division of Public Health has the ability on a case-
by-case basis to abate nuisance-type conditions caused by unsanitary feedlot
operations (386.01-.02). Included within the statutory definition of nui-
sance injurious to health are odors or fly breeding conditions (386.401). A
judicial decision of an intermediate Florida appellate court enjoined a hog
farm operating in an area zoned by a county for agricultural use from oper-
ating with more than 1,000 head of hogs because of the nuisance-type condi-
tions [MERCER v. BROWN 190 So. 2d 610 (1966)].
33
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7. SOIL AND WATER CONSERVATION
The State Soil and Water Conservation Council is primarily an advisory
body (582.06). Local districts may formulate land use regulations affecting
agricultural operations including the construction of ponds, ditches and
dikes (582.22).
8. LAND USE
Both cities and counties have zoning authority in Florida (163.160, 166.
Oil). No exception is made for agricultural uses. The state has an active
role in land use controls; it deals primarily with large-scale developments,
or within areas of critical environmental concern (380.01 et. seq.). However,
agricultural activities are excluded from the statutory definition of develop-
ment which triggers state and local control. Agricultural lands may be given
preferential property tax treatment (193.461). An assessment may be based
solely on use value (Art. 7, §4).
The Florida program has not been approved for the National Pollutant
Discharge Elimination System.
GEORGIA
Key to Legal Citation
Ga. Code §
(§
(17-501)
1. WATER
The Department of Natural Resources (DNR), Environmental Protection
Division (EPD) is the agency responsible for implementing the state's water
pollution control program (40-3514, 5; 17-505). All discharges of sewage or
other wastes must comply with the rules and regulations and permit require-
ments of the EPD (17-510). Any person operating a treatment works from which
a discharge could possibly occur shall apply for a permit although no permit
is required (Reg. 391.3.6-.02). Every feedlot not under the NPDES system
would be required to seek a permit and have its plans and specifications
approved for any construction of a sewage system (Reg. 391.3.6-.02). The EPD
will waive the submission and approval of plans if the feedlot operator uti-
lizes any one of the USSCS-approved techniques for on-site disposal. Large
scale operations which do not discharge must submit their plans and specifi-
cations although they are not required to have permits. The USSCS submits
an annual report listing all operations it has approved. County cooperation
is also engendered in the USSCS process according to the DNR. The primary
waste management system utilized by feedlot operators in the state is based
on the use of lagoons. Some operations use anaerobic ponds with a spraying
system.
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ADDRESS: Department of Natural Resources
Environmental Protection Division
270 Washington Street, S.W.
Atlanta, Georgia 30334
404/656-6593
2. SOLID WASTE
The DNR, EPD is the agency responsible for implementing the state's
solid waste management program (43-1602). Solid waste is so defined as to
specifically include animal manures (43-1603). There is, however, a specific
exemption for small feedlot operations; by definition these have capacities
of less than 1,000 cattle or 5,000 swine (43-1608). Further exemptions are
made for large feedlots which can show that their waste disposal system will
contain a ten-year storm (43-1608). The use of animal manures for fertilizer
is exempted from the permit requirements (43-1608). The policy of the Solid
Waste Management Branch of EPD has been to enforce the broad rules and regu-
lations on solid waste disposal solely on a case-by-case basis in the nui-
sance-type situation where the feedlot operator attempts an off-site disposal
of the solid wastes (Reg. 391-3-4-.04) Transportation of wastes is regulated
by the DNR if public roads are used (Reg. 391-3-4-.06). Permitting require-
ments are deferred to the water quality section. Counties and cities may
also regulate the disposal of solid wastes (43-1603).
ADDRESS: Department of Natural Resources
Environmental Protection Division
270 Washington Street, S.W.
Atlanta, Georgia 30334
404/656-2833
3. AIR
The DNR, EPD is also the agency responsible for implementing the state's
air pollution control program (88-903, 40-3515). Odor is not listed as an
air contaminant, but the definition of air pollution is broad enough to in-
clude it (88-902). The DNR is authorized to promulgate rules and regulations
and to issue permits (88-903). In exercising authority under this section,
the DNR must consider the economic effect of the regulation as well as the
amount of interference with the enjoyment of life (88-906). There are no
regulations dealing with fugitive dust or odor problems.
ADDRESS: Department of Natural Resources
Environmental Protection Division
270 Washington Street, S.W.
Atlanta, Georgia 30334
404/656-4998
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4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds must be registered with the Commissioner of Agri-
culture before distribution (42-203). The registration requirement does not
apply to an individual who produces or manufactures feed for the purpose of
feeding his own livestock or poultry (42-212). The Commissioner has allowed,
to a limited degree, the refeeding of dried poultry waste to livestock. The
Commissioner also regulates the sale and distribution of commercial fertilizer
(5-107). Commercial fertilizers are so defined as to exclude unmanipulated
animal manures (5-1003). All commercial fertilizers must be registered with
the Commissioner (5-1004).
5. AGRICULTURE
*
The Commissioner of Agriculture is empowered to regulate the sanitary
requirements of dairy farms including the construction, drainage and sani-
tary surroundings of the milking barn and other premises [42-601(d)]. He is
also empowered to issue operating permits or licenses (42-610). NO regula-
tions have been promulgated (42-609). Persons who feed garbage to swine must
be licensed by the Commissioner (62-1703). This requirement is not appli-
cable to farmers who feed their own garbage to their own animals (62-1702.1).
ADDRESS: Department of Agriculture
Agriculture Building
Capitol Square
Atlanta, Georgia 30334
404/656-3600
6. NUISANCE
The Department of Human Resources and county Boards of Health are em-
powered to exercise responsibility in matters pertaining to health not al-
ready exercised by another agency (88-204; 88-108). This would include
nuisance abatement authority. Nuisances are broadly defined by statute (72-
101). In one reported case, the adjacent landowner charged that a defendant
farmer was operating a nuisance in the form of chicken houses. The court
found insufficient allegations in the complaint to sustain a finding of a
nuisance.
7. SOIL AND WATER CONSERVATION
There is a State Soil and Water Conservation Committee with advisory
powers (5-1901). Local soil and conservation districts are organized
through the State Committee (5-1901). Local districts may adopt land use
regulations after a referendum of voters in the district (5-2101-2). Once
adopted, these regulations become obligatory for landowners (5-2108). Georgia
also has an Erosion and Sedimentation Act for land disturbing activities (5-
2301a et. seq.). Agricultural operations, including the raising of livestock,
are exempted from the operation of this law (5-2303a).
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8. ZONING
Cities are authorized to adopt zoning ordinances which may regulate agri-
cultural uses (69-801). Under the 1976 Proposed Constitution, counties would
have authority to regulate air pollution and to enact zoning regulations (2-
6102). There are no statutes allowing preferential tax treatment for agri-
cultural land.
Georgia received NPDES authority on June 28, 1974. The authority is
administered by the Department of Natural Resources, Environmental Protection
Division.
HAWAII
Key to Legal Citation
Hawaii-Rev. Stat. §
(§__)
(342-2)
1. WATER
The Department of Health (DOH) is the agency primarily responsible for
implementing the state's water pollution control program (342-2). In addi-
tion, there is an Environmental Council and a Director of Environmental Qual-
ity Control who operate directly out of the Governor's office (341-3). Agri-
cultural wastes are specifically included within the statutory definition of
wastes (342-1). There is a general prohibition against the disposal of waste
or the discharge of a pollutant without an NPDES permit or approval of the
DOH. The DOH requires permits for feedlot operators only if they fall under
the EPA guidelines. County officials may also enforce the water pollution
regulations (342-17).
ADDRESS: Department of Health
Environmental Health Division
P. 0. Box 3378
Honolulu, Hawaii 96801
V
2. SOLID WASTE
The DOH is the agency responsible for implementing the state's solid
waste management program (342-52). Agricultural wastes are not specifically
mentioned in the statute but would appear to fall under the definition of
solid waste (342-51). Wastes from slaughterhouses and poultry processing
plants are defined to be hazardous wastes (342-51). The DOH is specifically
encouraged to promote recycling of animal wastes for agricultural purposes
(342-54). Any individual who operates a solid waste management facility must
obtain a permit from the DOH. A farmer who disposes of the solid wastes from
his operation on his own property is exempted from this requirement.
37
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All permittees must meet strict performance standards in the operation of a
disposal facility. Special permits are required for the disposal of hazardous
solid waste.
ADDRESS: Department of Health
Environmental Health Division
P. 0. Box 3378
Honolulu, Hawaii 96801
3. AIR
The DOH is also the agency responsible for implementing the state's air
pollution control program (342-22). Air pollution is defined to include both
odors and dust (342-21). Odors are defined by regulation to include smells
which are "unpleasant to persons," which "interfere with sleep," or are other-
wise detrimental to health. Any new source of air pollution must obtain a
permit prior to construction and operation. The fugitive dust regulation
requires the farmer to take reasonable precautions in his operation so as to
minimize airborne dust. It is unlawful to cause the discharge of fugitive
dust beyond one's property line. There are no specific odor regulations.
ADDRESS: Department of .Health
Environmental Health Division
P. 0. Box 3378
Honolulu, Hawaii 96801
4. COMMERCIAL FEED AND FERTILIZER
The Department of Agriculture is given the responsibility for enforcing
the commercial feed laws (144-2). All commercial feeds must be registered
with the Department (144-4). There are no laws dealing with the regulation
of commercial fertilizers.
5. AGRICULTURE
The Department of Agriculture may adopt rules for the inspection and
quarantine of any animals located within the state (142-2). It also licenses
all persons engaged in the growing or production of any farm product (145-1).
This would include all poultry and livestock producers, excluding dairymen
(145-1). The Department also regulates the poultry and poultry product indus-
try (161-3). All poultry houses must be maintained in a sanitary condition
and a license must be obtained before a poultry house may be operated (161-11).
The DOH requires, by regulation, that all garbage must be boiled for 30
minutes before it may be fed to swine.
6. NUISANCE
The DOH also has general nuisance and sanitation regulatory powers. The
38
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DOH and county health departments have the affirmative duty to enforce all DOH
regulations; this includes the power to regulate nuisance, adulterated feed,
pig and duck ranches, and any place where a noxious business may take place
(321-11). The DOH is given specific authority to remove all nuisance (322-1).
The DOH may require unsanitary conditions on the land to be remedied by drain-
age or other means (322-21). Counties have licensing authority to regulate
the location of any building in which a noisome trade is conducted (322-42).
This is under the aegis of the county board of health (322-42). All licensees
must maintain the premises in a sanitary condition (322-42). The DOH has
enacted regulations dealing with livestock and poultry raising operations.
The regulations require that all manure be promptly removed (within 24 hours)
in order to avoid fly and rodent infestation and odor problems. Manure may
be placed in licensed sanitary landfills. The regulations also deal with the
construction, location and maintenance of feedlot operations, including a
general requirement that the enclosures must be kept free from accumulations
of excreta. Floors must be impervious to moisture so that they can be prop-
erly flushed with water.
7. SOIL AND WATER CONSERVATION
The Department of Land and Natural Resources (DLNR) acts as the statewide
soil and water conservation commission (180-2). Local soil conservation dis-
tricts do not have land use powers (180-13). Counties and local soil conser-
vation districts are required to enact ordinances and promulgate regulations
to control soil erosion and sediment loss from all but the most minor land
disturbing activities (180C-1). The DOH and the DLNR may enact regulations
if the counties and local districts do not act promptly (180C-4).
8. LAND USE CONTROLS
The DLNR regulates the use of state-owned land within Hawaii which has
large sections of such land (171-1). The DLNR may classify the use of such
state-owned land including the use of land for special livestock or pasture
use (171-10). When the state leases this land for private use the lease may
contain agricultural use restrictions (171-37). Hawaii was the first state to
have state regulation of land use. The program is operated through a State
Land Use Commission (SLUC) (205-1 )v Among the classifications enumerated in
the program is an agricultural district which is specifically singled out for
protection against urban expansion (205-2). Counties have the authority to
adopt zoning ordinances that are compatible with the use districts created by
the SLUC (205-5). Counties may regulate agricultural activities (46-4). The
SLUC regulations allow the raising of livestock, including poultry and fish,
in the agricultural area districts. Assessments for ad valorem taxes usually
reflect the zoning district in which the land is placed. Dedication of land
to agricultural uses is also allowed with a concomitant lower use value
assessment.
Hawaii was granted NPDES authority on November 28, 1974. The authority
is administered by the Department of Health, Environmental Health Division.
39
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IDAHO
Key to Legal Citation
Idaho Code §
(§ )
(39-104)
1. WATER
The Department of Health and Welfare (DHW), Division of Environment (DOE),
is the agency responsible for implementing the state's water pollution control
program (39-104). The statute defines water pollution in broad and general
language, not distinguishing between sewage and other waste water (39-103).
Under DHW regulations, however, agricultural wastes would fall under both the
sewage and the waste water definitions. The DHW may require permits for any
source of water pollution (39-115). Waste treatment and discharge permit
regulations adopted by the DHW in January 1977 were declared null and void by
an act of the 1977 Idaho Legislature. As a result, the DHW relies on the US
EPA to implement the permit program. There still remains a general regula-
tion prohibiting the storing, disposing or accumulating of manure so as to
cause, or be likely to cause, water pollution. Water that is used for the
manufacture of ice must be free from all filth, offal and contact with animal
matter (37-2101).
ADDRESS: Department of Health and Welfare
Division of Environment
Water Pollution Control Section
State House
Boise, Idaho 83720
208/384-2390
2. SOLID WASTE
The DHW, DOE is the agency responsible for implementing the state's solid
waste management program (39-105). Solid waste is so defined as to specifi-
cally include wastes from agricultural operations (39-103). The DHW is autho-
rized to enforce minimum sanitary standards for the storage and collection of
solid wastes (39-105). Plans, maps, specifications and a proposed operation
report must be submitted for any solid waste disposal site. The DHW regula-
tions require that all solid wastes be managed so as to minimize vectors;
prevent air, water and noise pollution; and prevent excessive abuse of the
land. The regulations require DHW approval of site location and operational
procedures. All solid waste must be so stored as to minimize odors, flies and
rodents. While the regulations do not exempt agricultural operations, it
has been the policy of the DHW to delegate control responsibility of agricul-
tural waste disposal to its Water Pollution Control Section. Most farmers
store manure over the winter months and apply it in the spring in one or two
heavy applications. No application rate limits are prescribed by the DHW.
40
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ADDRESS: Department of Health and Welfare
Division of Environment
Solid Waste Management Section
State House
Boise, Idaho 83720
203/384-2287
3. AIR
The DHW is also the agency responsible for implementing the state's air
pollution control program (39-105). Air contaminants are defined to include
dust, fumes, vapors and other gaseous fluids, but there is no mention of odors
(39-103). The DHW regulations, however, include odor as an air contaminant.
Odor problems have arisen because of the winter storage of manure by farmers.
The regulations require that odor emissions be minimized so as to not cause
air pollution. In practice, the DHW has handled odor complaints on a case-by-
case basis, while encouraging local governments to zone and plan effectively
to avoid the problem. All operators of feedlots and other facilities must
utilize reasonable precautions to avoid emissions of fugitive dust.
ADDRESS: Department of Health and Welfare
Environmental Protection Division
State House
Boise, Idaho 83720
208/384-2906
i
4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds which are distributed or sold must be registered
with the Department of Agriculture (25-2718). Commercial fertilizers are
defined to include manipulated manures but not unmanipulated manures (22-603).
All fertilizers must be registered before being distributed (22-605). There
is a separate label ing-only requirement for soil conditioners (22-4003). All
products registered under the fertilizer law are excluded from the definition
of soil conditioners (22-4003).
5. AGRICULTURE
The Department of Agriculture enforces the statutory prohibition against
the feeding of garbage to swine (25-234). Swine that have been fed garbage
may not be sold. Farm produce dealers must be licensed, with farm products
being so defined as to exclude livestock but to include poultry and poultry
products (22-1301). Fur farms are deemed to be agricultural pursuits and may
be inspected for cleanliness (25-3005). There is a beef council, which has
as its primary purpose the promotion of the beef industry. It may also
engage in certain scientific studies dealing with the livestock industry (25-
2901). No sheep herder may graze his herd on land previously occupied by
cattle (25-1907). Livestock owners have no duty to keep their stock off pub-
lic highways (25-2118).
41
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ADDRESS: Department of Agriculture
4696 Overland Road
Boise, Idaho 83720
208/384-3240
6. NUISANCE
Public nuisance is broadly defined by statute and includes the obstruc-
tion of free passage or use of any water body (18-5901). Any individual who
maintains or commits a public nuisance is guilty of a misdemeanor (18-5903).
It is also a misdemeanor to dump any material inside a posted area that sur-
rounds a water body that is used primarily for domestic drinking water pur-
poses (18-7013). Nuisance includes anything which is injurious to health or
offensive to the senses (52-101). Nuisance may be abated by either a private
or public legal action (52-302-3). District boards of health have the author-
ity to preserve and protect the public health (39-414). Their powers of
nuisance abatement include the eliminating of the source of filth or health
hazard (39-420). Cities may also establish boards of health to operate within
the city and up to five miles outside the city boundaries (50-304). Cities
may define nuisance and abate it within an area extending three miles beyond
the municipal boundaries (5-334).
7. SOIL CONSERVATION DISTRICTS
The State Soil Conservation Commission has largely advisory powers (22-
2718). Local Soil Conservation Districts may require that appropriate correc-
tive methods be used to conserve soil resources (22-2716). Local districts do
not possess land use authority.
8. PLANNING AND ZONING
Both cities and counties have the authority to zone and plan (67-6503).
The activities are designed to promote prevention of air and water pollution,
and to encourage the protection of prime agricultural land (67-6502). There
is, however, an exclusion'that prevents the county commissioners from adopting
any ordinance which may deprive an owner of full and complete use of agricul-
tural land (67-6529). This restriction would not apply to cities; on the
other hand, agricultural lands in cities may be disincorporated by petition if
the land is used exclusively for agricultural purposes (50-226). Facilities
used to attain air and water quality requirements are exempt from ad valorem
taxation (63-1055).
The Idaho program has not been approved for the National Pollutant Dis-
charge Elimination System.
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ILLINOIS
Key to Legal Citation
111. Rev. Stat. (Ch. , §
[Ch -§ T~ "
[ 1117(72-1004)
1. WATER
The Illinois administrative machinery for implementing the water pollu-
tion program is very complex. There is first the Illinois Environmental Pro-
tection Agency (IEPA) which is charged with the duty of collecting and dis-
seminating all pollution control information and of monitoring and ascertain-
ing the quantity, quality and nature of all discharges from any contaminant
source (air, water and land) (111 1/2-1004). It also administers the permit
system and reviews all plans and specifications for construction (111 1/2-
1004). The Pollution Control Board (PCB) has two primary functions: rule
making, and enforcement (111 1/2-1005). Before it may exercise any rule-
making authority, however, the third branch of the environmental organization
must prepare a complete economic impact analysis of the proposed rules (111
1/2-1006). This organization is called the Institute for Environmental Quali-
ty (IEQ). Initial enforcement actions are brought to the PCB for both mone-
tary penalties and injunctive relief (111 1/2-1005). The Office of the
Attorney General is primarily responsible for bringing these actions before
the PCB or before a trial court (14-12). "" The PCB has promulgated a series of
Livestock Waste Regulations, presently applicable. The regulations are geared
to the US EPA regulations as to minimum numbers of animal units required
before a permit must be sought (Reg. 202). A smaller animal confinement fa-
cility must seek a permit if it is causing or threatening to cause a violation
of the Illinois Environmental Protection Act or of PCB regulations (Reg. 203).
All open feedlots must control surface water runoff so as to prevent water
pollution. No new livestock facility may be opened if a stream or other sur-
face water body is located within its boundaries. In addition, any facility
located within the 10-year flood plain zone shall be protected against such
flood. All new livestock facilities must be located and managed so as not to
cause odor or air pollution problems (Reg. 104). All waste stored for a
period in excess of six months must be contained in a manure storage structure
that meets IEPA guidelines (Reg. 104). All feedlot facilities must have ade-
quate systems to prevent excessive outside surface runoff waters from flowing
through a feedlot (Reg. 104). A holding pond capable of storing a volume
equal to the area of the feedlot plus any other contributing area multiplied
by 12 inches for runoff from earthen areas and 15 inches for runoff from con-
crete areas must be provided (Reg. 104). The quantity of livestock waste
applied on soils shall not exceed a practical limit as determined by soil
type, condition, slope, and other relevant considerations (Reg. 104). A
separate PCB document which provides guidelines for land application rates
will be discussed in the solid waste segment. The PCB is considering changes
in the present regulations to reflect primarily the lower number of animal
units required by the US EPA for the NPDES permit. The 300-1,000 animal unit
facility will now require a permit. The 300-unit or smaller facility will be
required to obtain a permit only if either of two conditions occur:
43
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pollutants are discharged into navigable water through a ditch, or pollutants
are discharged directly into navigable waters which come into direct contact
with the animals confined in the operation. For any small operation the
agency may, on a case-by-case basis, require a permit after considering the
following factors: 1) size of the operation and amount of wastes reaching
the waters; 2) location of the feeding operation relative to the water body;
3) means of conveyance of the animal waste and processed wastewater to the
water body; and 4) the slope,vegetative cover and other factors relative to
the likelihood and frequency of discharge of the polluted water. No permit
may be required for the small operator without an on-site inspection by a
member of the IEPA. Illinois also requires that the cost of removing water
pollutants placed into navigable waters shall be borne by the discharger (85-
1704). Certain river conservancy districts also have the legal obligation to
prevent pollution of any waters within said district, although their juris-
diction does not supersede that of the PCB (42-403, 409).
ADDRESS: Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Chruchill Road
Springfield, Illinois 62706
217/782-5545
2. SOLID WASTE
The land pollution or solid waste problem is handled by the same orga-
nizations as is the water pollution control program. The PCB has issued
a Technical Policy Document entitled "Design Criteria for Field Application
of Livestock Waste." The general policy is that the livestock waste
application must not exceed the agronomic nitrogen rate, which is defined
to be the annual application rate of nitrogen that can be expected to be
required for a reasonably anticipated crop yield. The document notes that
if the application is set at that rate, there is likely to be an oversupply
or overabundance of phosphorus. It is suggested that individual operators
perform actual chemical analyses on particular soils before they begin to
apply manure. The approximate nutrient contents of waste from different ani-
mals and different management systems are listed, as are approximate quanti-
ties of total manure, nitrogen, phosphorus and potassium excreted by different
livestock species. Other recommendations are that: surface application
should be used only when the land slope is no greater than 5% or where the
yearly average soil loss is less than 5 tons/acre; injection or surface appli-
cation with immediate incorporation should be used when the land slope is
greater than 5%; and livestock waste should not be applied within 200 feet
of surface water unless the water is upgrade or there is adequate diking. In
any case, there should be a vegetative strip between the application area and
any surface water. Waste should not be applied within 150 feet of any water
well. Conservative loading rates should be used in the case of a high water
table. Livestock waste should not be applied on a 10-year flood plain unless
the injection or incorporation method of application is used. Waste appli-
cations on frozen or snow-covered land should be avoided. If waste must be
spread on frozen land, the slope must be less than 5% or adequate erosion
control practices must be used. Waste should not be applied during a
44
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rainfall. The odor control problem from the storage of wastes or from its
application is recognized. It is suggested that soil injection or incorpora-
tion, as well as a judicious selection of application areas can significantly
reduce the amount of odors. Agronomic fertilization rates for various Illi-
nois crops are listed.
ADDRESS: Illinois Environmental Protection Agency
Division of Land Pollution Control
2200 Churchill Road
Springfield, Illinois 62706
217/782-6760
3. AIR
The PCB, IEPA, and IEQ are also responsible for the air pollution control
program (111 1/2-1004). The definitions of air pollution and air contami-
nants include odors (111 1/2-1003). As seen earlier, the IEPA recognizes
air pollution in terms of both dust and odor as a feedlot problem. The IEPA,
which handles these problems on a case-by-case citizen complaint basis, has
brought two suits to enjoin and seek penalties from poultry operations which
were causing odor problems. Odor regulations, applicable only to rendering
operations, have been promulgated which utilize the "Mills" test on a scent-
ometer. Illinois regulations forbid the emission of fugitive particulate
matter that is visible to an observer looking generally toward the zenith at
a point beyond the property line of the emission source.
ADDRESS: Illinois Environmental Protection Agency
Division of Air Pollution Control
2200 Churchill Road
Springfield, Illinois 62706
217/782-3397
4. COMMERCIAL FEED AND FERTILIZER
Commercial feed use is regulated by the Department of Agriculture (56
1/2-66.2). The definition of feed would not exclude manure (56 1/2-66.3).
All feeds must be registered and properly labeled (56 1/2-66.4). Fertilizers
also must be registered with the Department of Agriculture (5-55.4), but
natural and unprocessed animal manure is excluded from the definition of
commercial fertilizer (5-5513).
5. AGRICULTURE
The Department has general duties with respect to the livestock industry
including its promotion (127-40.7), and the development of improved methods
of production (127-40.8). It also must see that livestock in stockyards are
housed, fed and properly cared for (127-40.16). The Department also super-
vises poultry houses, including their sanitation (8-131). All dairy cow
yards must be graded, drained and kept clean (56 1/2-194). All manure must
45
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be removed and stored in such a manner as to best prevent the breeding of
flies or other vectors (56 1/2-195). Garbage may not be fed to swine, except
if done by the individual who has produced the garbage (8-212).
6. NUISANCE
Public nuisance is defined to include the depositing of any offal in any
watercourse or on land (100 1/2-26). All municipalities have the authority to
define, prevent and abate nuisance (11-60-2). There is no express county
authority to abate nuisance, but counties may regulate air contamination which
would include odors (34-421.2).
7. SOIL AND WATER CONSERVATION DISTRICTS
There is a State Soil and Water Conservation District Advisory Board,
made up of agricultural members, which oversees the local soil conservation
districts. The SCO's have the authority to enact land-use regulations but
only after they are empowered to do so by a direct referendum (5-128).
8. LAND USE
Cities have the power to zone and plan (24-11-13-1). There is no excep-
tion for agricultural uses. Counties also have the power to zone and restrict
the location and use of structures (34-3151). There are, however, some
special considerations for agricultural uses. If agricultural users are
required to obtain permits, they may not be charged for them (34-3151). The
regulations may not be exercised so as to impose restrictions on land, build-
ings or other structures used for agricultural purposes except as to set-back
lines (34-3151). Townships may also zone where counties have not elected to
do so but they may not impose regulations or require permits with respect to
agricultural uses (139-307). Agricultural land which has been devoted to
that use for at least three years is to be assessed at 33 1/3% of market
value as a farm (120-501a-l). All other property is assessed at 33 1/3% of
full market value (120-501).
Illinois was authorized to administer the National Discharge Elimination
System on October 23, 1977. The IEPA is the administering agency.
INDIANA
Key to Legal Citation
Ind. Code §
(§ )"
46
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1. WATER
Indiana has a very complex environmental protection program. There is
an overriding policy of providing for comprehensive environmental control on
a statewide basis (13-7-1-1). There is a state umbrella-type organization
called the Environmental Management Board (EMB) (13-7-2-1). The State Board
of Health provides the staff for the EMB. The EMB has general rule-making
authority (13-7-3-1). However, the Stream Pollution Control Board (SPCB) is
deemed to be the water pollution control agency for the state (13-7-2-10)
The SPCB is specifically directed to continue its role unaffected by the powers
and duties of the EMB (13-7-2-9). Water pollution is broadly defined to
include any alteration of the properties of the waters (13-7-1-2). There is
a prohibition against the discharge of any contaminant which might cause
pollution (13-7-4-1). The SPCB has enacted regulations which prohibit the
discharge of pollutants, including agricultural wastes, into any waters of
the state (Reg. 13-7-10-1). The SPCB is given specific authority to control
and prevent pollution of the waters of the state (13-1-3-4). The SPCB is
also given authority to protect agricultural and livestock users of water
from the pollution of their water supply (13-1-3-7). The SPCB is the state
water pollution control agency for purposes of meeting the NPDES requirements
(13-1-4-1). The SPCB is also authorized to regulate confined animal feeding
operations (13-1-5.7-1). These are defined to include cattle lots where more
than 300 head are fed, swine lots where more than 600 head are fed and poultry
operations involving 30,000 head or more (13-1-5.7-1). All operations that
discharge are also regulated by the SPCB (13-1-5.7-1). The regulations re-
quire only those confined feeding animal operations that fall within the
above numerical limits to apply for state construction, operation and dis-
charge permits. No construction of a confined feeding operation may be begun
without a permit from the SPCB. Every pre-existing operation was required to
submit an application and descriptive information within two years of the
passage of the act, which was in 1971 (13-1-5.7-2). All operators must submit
their plans and specifications for the waste treatment and control facilities
with a detailed soil and topographic study when they seek the SPCB permit
(13-1-5.7-3). The SPCB is authorized to disallow continued operation of feed-
lots where they continue to discharge into waters (13-1-5.7-4). Any person
violating the confined animal feeding act is guilty of a misdemeanor carrying
a maximum fine of $100 (13-1-5.7-7). Individuals and corporations which are
ordered to treat, dispose of, or cease discharges of industrial and sanitary
wastes are given the authority to condemn land for purposes of compliance
with the order (13-1-5-1). Unfortunately, there is no definition of sanitary
wastes which would indicate whether or not a feedlot operator could fall
under the section. The SPCB has also enacted water quality criteria to create
minimum conditions of being free from noisome substances. All waters must be
kept free of discharges that: (1) will settle to form objectionable deposits;
(2) will be unsightly, produce color, odor or other condition so as to create
a nuisance; (3) will be toxic to human, animal, plant or aquatic life; and
(4) will cause algae to grow (Reg. 13-1-3-7-1). The Department of Natural
Resources also has the power to investigate pollution of waters running
through state lands (14-3-1-14).
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ADDRESS: Indiana Stream Pollution Control Board
1330 W. Michigan Street
Indianapolis, Indiana 46206
317/633-4941
2. SOLID WASTE
The EMB and the State Board of Health (SBH) are primarily responsible
for implementing the state's solid waste disposal program (13-7-4-1). No
contaminants which would create a pollution hazard may be deposited on land
(13-7-4-1). All individuals who engage in disposal activities must be li-
censed by the EMB (13-7-10-1). There are apparently no regulations dealing
specifically with the problem of land disposal of solid wastes from feedlots
other than the SPCB rules. Regulations of the State Board of Health do re-
quire a permit for all solid waste disposal facilities. Although there is no
specific exemption made for agricultural operations, the State Board has not
required feedlot operators to apply for state permits. The State Board of
Health has overriding authority to set minimum standards for solid waste dis-
posal sites (19-2-1-32). Counties also have the power to establish and regu-
late sanitary landfills (17-2-24-1). In cities, the Board of Sanitary Com-
missioners has the power to prevent solid waste pollution (19-2-27-3).
Cities may also prohibit the depositing of unwholesome substances, except for
the purpose of soil enrichment, on private or public land (13-5-10-7).
ADDRESS: Environmental Management Board
1330 W. Michigan Street
Indianapolis, Indiana 46202
317/633-8404
3. AIR
The EMB and the Air Pollution Control Board (APCB), assisted by the SBH,
are jointly responsible for implementing the state's air pollution control
program (13-1-1-4, 13-7-2-9). Air pollutants are defined by one statute (13-
7-1-2) to include odors but in the statute creating the APCB, the definition
of air contaminants makes no mention of odors (13-1-1-2). The EMB is encour-
aged to aid local bodies in developing programs to provide odor pollution
control (13-7-3-1). In preparing abatement orders, the APCB must take into
consideration the social and economic value of the activity causing the
emissions and'the feasibility of installing a control device (13-1-1-4).
Otherwise, the basic regulatory device is a permit requirement for all air
pollution sources (13-7-10-1). In addition to the APCB, certain urban
counties and all large cities have the authority to regulate sources of air
pollution, including odor sources, within their jurisdictions (18-4-21-2, 18-
1-1.5-12). The APCB-promulgated regulations define air pollutants without
mentioning odors, although odor is contained in one of the two relevant state
statutes. There is a definite limit on the amount of fugitive dust which may
escape beyond the property line from any source (Reg. 13-1-1-4-30). The
ground level ambient air concentrations must not exceed 50 micrograms per
cubic meter for a 60-minute period. Agricultural operations utilizing every
48
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reasonable precaution to minimize emissions are exempted from the regulation.
ADDRESS: Air Pollution Control Board
1330 W. Michigan Street
Indianapolis, Indiana 46206
317/633-4273
4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds must be registered with the Director of the Purdue
University Agricultural Experiment Station (15-5-13-4). Commercial fertili-
zers are so defined as to exclude non-processed barnyard manure (15-3-3-2).
All other fertilizers must be registered with the State Chemist before they
may be sold or distributed (15-3-3-4).
5. AGRICULTURE
No person may feed garbage to swine unless it has been boiled for not
less than 30 minutes or otherwise treated in accordance with State Board of
Animal Health regulations (15-2.1-11-1). Any person who feeds garbage must
obtain a permit from the Board (15-2.1-11-2). All individuals, who are feed-
er-pig or livestock dealers, must be licensed by the state (15-2.1-21-1).
All pens must be kept in a reasonably sanitary condition before they will be
approved by the Board of Health (15-2.1-12-6). The Board of Animal Health
has promulgated regulations that deal with the collection, transportation and
cooking of garbage that is fed to swine (Reg. 15-2-4-36-1). All garbage feed-
ing facilities must have impervious floors with curbs to prevent scattering.
Suitable drainage must be supplied. All floors must be flushed with water at
least once per day to maintain a clean and sanitary condition. Flushing
water must be discharged to an adequate disposal system so as not to collect
in pools, pollute any surface water or create a nuisance. Garbage which is
not eaten must be buried, burned or otherwise disposed of so as not to create
a nuisance (Reg. 15-2-36-2). All cooking units and feeding facilities must
be so located that obnoxious odors are not likely to become offensive to
nearby residents. Premises around the feeding areas must be free of litter,
and manure must be disposed of at least twice per week during fly season.
Every reasonable precaution must be taken to control fly and rodent problems
(Reg. 15-2-4-36-3). Every person who engages in the purchasing or shipping
of poultry must obtain a license (15-2.1-13-1). Producers or farmers who
buy or sell livestock as an incident of a farming enterprise, and who do not
follow a routine pattern of disposing of livestock within 60 days of acquisi-
tion, are exempt from the Board's licensing requirements (15-2.1-42). All
auction sale barns must be kept in a sanitary condition (Reg. 15-2-4-41-3).
All sewage or wastewater must be treated through a septic tank, filter bed or
covered settling pool (Reg. 15-2-4-41-6). All such premises must be cleaned
and disinfected on a regular basis (Reg. 15-2-4-41-7). The use of manure as
feed is not mentioned in the regulations.
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6. NUISANCE
Nuisance is broadly defined by statute (34-1-52-1). A nuisance may be
abated or enjoined by anyone (34-1-52-3). There is one reported case of a
slaughterhouse being declared a nuisance. A decision in another recent case
stated that the keeping of hogs is not a nuisance per se but may become so
where bad husbandry techniques are used which create offensive odors and
excessive breeding of vectors. The keeping of any animal which may lead to
noisome smells is a public nuisance (35-1-102-2). The befouling of water
with any noisome substance is also a public nuisance (35-1-103-4). The depos-
iting in water of any harmful material which may adversely affect the agri-
cultural or livestock industry may be abated by the person suffering the
damage (16-1-26-1). Local boards of health, as well, are given the authority
to abate nuisance (18-1-13-1). Cities have the power to prohibit the disposal
of all domestic or sanitary sewage as well as to license the possession of
any animal (18-1-1.5-7). There is a general regulation of the State Board
of Health that prohibits the discharge of garbage or sewage into lakes.
Garbage is defined to include animal manure (Reg. 16-1-3-13-3).
7. SOIL AND WATER CONSERVATION DISTRICTS
There is a State Soil and Water Conservation Committee with advisory
powers (13-3-1-4). Local Soil and Water Conservation Districts may develop
comprehensive plans for conservation of soil and water resources but have no
definitive land use control authority (13-3-1-8). A proposed amendment to
the Soil and Water Conservation Law would grant SCO's greater regulation
authority over erosion and sediment control problems. No ^individual could
engage in a land disturbing activity without obtaining a permit from the SCO
after filing an approved plan for erosion and sediment control. The state
would provide a certain amount of cost-sharing funds.
8. PLANNING AND ZONING
Cities are given the power to plan and zone with no mention being made
of agricultural uses (18-1-1.5-10). Cities have the authority to regulate
the location and keeping of hog pens. Counties with large cities may have
a unified city-county zoning and planning system (18-7-2-1). There is no
exception for agricultural uses (18-7-4-46).
Indiana was granted NPDES authority on January 1, 1975. The authority
is administered by the Indiana Stream Pollution Control Board.
IOWA
Key to Legal Citation
Iowa Code (§ )
(455B.3T)
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1. WATER
The Department of Environmental Quality (DEQ), Water Quality Management
Division, and the Water Quality Commission are the agencies responsible for
implementing the state's water pollution control program (455B.31, 455B.32).
Agricultural wastes would probably fall under the broad category of "other
wastes" rather than that of sewage, although the definition of sewage is gen-
eral enough to include wastes from feedlot operations (455B.30). The DEQ has
promulgated a series of regulations specifically dealing with feedlots. A
minimum level of waste control for settleable solids is expressed in terms of
waste-flow velocity being reduced to less than 0.5 foot/second for a minimum
of five minutes. This requirement applies to all feedlots regardless of size.
No direct waste discharge is allowed from any animal feeding operation into a
publicly-owned lake or impoundment or into a sinkhole. All feedlots, regard-
less of size, must dispose of waste through land application in such a manner
as to not cause surface or groundwater pollution [Reg. 20.2(6)]. All open
feedlots must be able to retain wastewater from feedlot areas generated by
the 25-year, 24-hoar storm [Reg. 20.2(2)]. The regulations recommend use of
waste retention basins and terraces [Reg. 20.2(2)]. Four types of feedlots
must seek operation permits from the DEQ. Open feedlots must obtain permits
if the animal capacity exceeds 1,000 beef cattle, 700 dairy cattle, 2,500
swine, 10,000 sheep, 55,000 turkeys, or any combination thereof, or if waste
drainage enters a watercourse that drains more than 3,200 acres above the
point at which feedlot drainage enters the watercourse [Reg. 20.3(1)]. Con-
finement feeding operations are defined as consisting of totally roofed ani-
mal enclosures in which animals are confined for a period of not less than
45 days and in which the wastes are stored as a liquid or semi-liquid [Reg.
20.1(4)]. If these operations use an earthen waste storage facility, such
as a lagoon or holding basin, the operator must secure a permit if the animal
capacity exceeds 200 beef cattle, 140 dairy cattle, 500 swine, 11,000 turkeys
or 18,000 chickens [Reg. 20.3(2)]. If waste storage tanks are used, the mini-
mum figures are increased to the same level as for open feedlots with an addi-
tional limit on chicken feeding operations of 90,000 units. If the feedlot
has a waste discharge through a man-made drainage system, then an operation
permit is required if the animal capacity exceeds 100 beef cattle, 70 dairy
cattle, 2,50 swine, 1,000 sheep, 5,500 turkeys or 9,000 chickens [Reg. 20.3
(3)]. If the feedlot has a discharge into a watercourse which traverses the
operation, it must apply for an operation permit if its animal capacities are
those of the man-made drainage system [20.3(4)]. Expansion of existing ani-
mal feeding operations requires a new operation permit [20.4(3)]. New facil-
ities must seek an operating permit at least 90 days before operations are
scheduled to begin unless an NPDES permit is required; in this case the lead
time is 180 days [20.4(4)]. Feedlots which qualify for an operating permit
must also seek a construction permit. Plan and specification review is done
by the DEQ (20.5). The DEQ also has issued guidelines regarding land disposal
of animal wastes; it considers this to be the primary means of disposal.
There are limitations on the water application rate depending on the nitrogen
and phosphorus content of the manure. Disposal on frozen or snow-covered
land is discouraged. A recommended waste nutrient application rate is sug-
gested. Limits for the nitrogen application rate are set at an average of
250 pounds/acre/year, with a maximum application of 400/pounds/acre/year.
Manure should be incorporated within 30 days if applied to flood-prone lands.
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Manure must also be incorporated if spread within 200 feet of a water body-
ADDRESS: Department of Environmental Quality
Water Quality Management Division
3920 Delaware Avenue
P. 0. Box 3326
Des Moines, Iowa 50316
515/265-8134
2. SOLID WASTES
The DEQ, Solid Waste Disposal Division and the Solid Waste Disposal
Commission are the agencies responsible for implementing the state's solid
waste management program (455B.75). Agricultural wastes are specifically
included in the definition of solid waste (455B.75). The primary responsi-
bility for development of sanitary disposal projects and plans is, however,
delegated to the cities, counties and towns (455B.76). The Commission defers
regulatory authority over feedlot operations to the Water Quality Management
Division.
ADDRESS: Department of Environmental Quality
Solid Waste Disposal Division
3920 Delaware Avenue
P. 0. Box 3326
Des Moines, Iowa 50316
515/265-4263
3. AIR
/
The DEQ and the Air Quality Commission are the agencies responsible for
implementing the state's air pollution control program (455B.12). Any poli-
tical subdivision, city or county may administer an air pollution control
program within its boundaries provided that approval is obtained from the
DEQ (455B.23, .24). Air contaminants are defined to include dust and odorous
substances (455B.10). Existing regulations define an objectionable odor as
one which is believed to be objectionable by 30% or more of a random sample
of people. The DEQ has recently amended its odor regulations. The defini-
tion of objectionable odor has been replaced by the use of three new terms:
odor, odorous substance and odorous substance source. No attempt is made to
quantify odor. These definitions become effective January 1, 1978. Special
requirements are made for users of anaerobic lagoons. They must seek DEQ
permits and provide on the application forms the animal capacity, type of
animal, method of feeding and methods of waste collection and disposal.
Structures used on farms or ranches for agricultural purposes, except for
anaerobic lagoons, are exempt from the permit requirements. These regulations
are also to become effective on January 1, 1978. The following regulations,
governing specific odorous substances, will not become effective until January
1, 1979. There is a general proscription against the emission of an odorous
substance so as to create a nuisance. An exception is made for the periodic
spreading of animal manure on farmland if reasonable care is taken to
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minimize odor problems. Recommended practices include immediate soil incor-
poration, proper disposal site location, and proper climatic conditions.
Reference is given to the land application guidelines of the Water Quality
Division. Odor complaints may be filed with either the local board of health
or the DEQ. The complaint must be filed by 3 or more citizens, from differ-
ent occupied premises within 5 miles of the source, who allege that the odor
has occurred on at least 10 days of any 30-day period. The DEQ must investi-
gate the complaint; if it finds the complaint valid and if negotiations fail,
the DEQ must issue a notice of violation. New feedlots large enough to re-
quire a water permit must also seek a permit from the Air Quality Commission
after submitting to the DEQ the plans and specifications for the propsoed
facility. The regulations exempt emitters of fugitive dust from the permit
requirement. Farming operations are exempted from the fugitive dust regula-
tions.
ADDRESS: Department of Environmental Quality
Air Quality Management Division
3920 Delaware Avenue
P. 0. Box 3326
Des Moines, Iowa 50316
515/265-8134
4. COMMERCIAL FEED AND FERTILIZER
The Department of Agriculture regulates the sale and distribution of
commercial fertilizers and feeds (189.1). Commercial feed is broadly defined
as all materials used in feed (198.3). If the feed is adulterated, as de-
fined in the statute, it may not be distributed (198.7). Feed is considered
to be adulterated if it contains deleterious substances which may be injur-
ious to health, if it is a raw agricultural commodity which contains a pesti-
cide chemical, or if it contains any non-nutritive substances which are unsafe
under FDA rules (198.7). Iowa has allowed one type of dried poultry waste
to be registered as a commercial feed because it has met the recommended
guidelines as set forth in the 1976 AAFCO handbook. Fertilizers are so de-
fined as to exclude unmanipulated animal manures (200.3).
5. AGRICULTURE
The Department of Agriculture is charged with the responsibility of
encouraging agricultural interests including feedlot operations (159.2).
The Department has the power to enact regulations prohibiting the feeding of
garbage, including animal waste materials, unless the garbage has been boiled
for a period of 30 minutes (163.26-27). The Department is also charged with
suppressing disease and with the regulation of sanitary conditions of feed-
lots (163.1). The Department of Health and Welfare has the responsibility
of regulating the sanitary conditions of dairies (37-302).
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6. NUISANCE
State, county and municipal boards of health have the primary responsi-
bility over public health matters, including the right to issue permits for
the collection and disposal of solid wastes (137.7). As seen earlier, local
boards are involved in the air pollution regulatory scheme dealing with odor
complaints. They also have the power to abate nuisance which is broadly de-
fined by statute (657.1). Several court decisions have held various feedlot
operations to be nuisances, primarily because of the odor problem.
7. SOIL AND WATER CONSERVATION
There is a State Soil Conservation Committee within the State Department
of Soil Conservation with advisory and governing authority (467A.4). Local
conservancy districts do not possess land use authority, but they may review )
other governmental plans that have an impact on soil conservation, flood
control or sediment loss (467D.6). Local districts do have authority to
implement soil erosion prevention plans (467D.17-18).
8. LAND USE
Counties have the power to zone, although a specific exemption is made
for agricultural land, farm houses, farm barns and farm buildings (358A.2).
Farms are, however, covered by any flood plain regulations that the county
may enact (358A.2). Cities also have the authority to zone and plan (414.1-
2). Cities may zone up to two miles outside their boundaries if the county
has not done so (414.23). However, the agricultural exemption applied to
county zoning is also applicable to that of the city (414.23). There are
conflicting opinions, both by the courts and the Attorney General, as to the
exempt status of commercial feedlots. The primary criterion seems to be the
land use before the feedlot was built.
9. MISCELLANEOUS
An important new law was enacted by the Iowa legislature in 1976 with an
avowed purpose of protecting the feedlot operator. Compliance with the stat-
utory requirements by a feedlot operator is an absolute defense to a nuisance
action if the person complaining did not own the affected realty prior to
the "established date of operation" of the feedlot (172D.2). Compliance with
applicable DEQ and US EPA rules is mandatory if the rules were promulgated
prior to July 1, 1975 (172D.3). The DEQ rules affecting air quality adopted
prior to November 1, 1976 apply to every feedlot regardless of its established
date of operation. All air qulaity rules relating to feedlot management
standards adopted after November 1, 1976, do not apply to pre-existing feed-
lots for a period of one year after the effective date of the rule. Rules
relating to feedlot design standards adopted after November 1, 1976, do not
apply to a pre-existing feedlot for a period of 10 years from the established
date of operation of the feedlot or of two years from the effective date of
the rule, whichever is greater (172D.3). All other DEQ rules in effect prior
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to November 1, 1976, also apply to all pre-existing feedlot operations. Rules
adopted after November 1, 1976 do not apply to feedlots with existing DEQ
permits for a period of 10 years from the established date of operation or
5 years from the effective date of the rule, whichever is greater (172D.3)
A rule adopted after November 1, 1976, that affects a feedlot which previously
was not required to obtain a DEQ permit provides a similar grace period (172D.
3). Zoning ordinances apply to feedlots where the ordinance predates the
feedlot. Zoning ordinances, other than municipal, adopted after the estab-
lished date of operation do not apply for a period of 10 years from enactment.
A city zoning ordinance enacted prior to November 1, 1976, applies to all
feedlots. A city zoning ordinance does not apply to a feedlot which has been
annexed or incorporated into the city after November 1, 1976, for a period
of 10 years from the acquisition of jurisdiction by the city (172D.4).
The Iowa program has not been approved for the National Pollutant Dis-
charge Elimination System.
KANSAS
Key to Legal Citation
Kan. Stat. §
(§ )
(65-159)
1. WATER
The Department of Health and Environment (DHE) is the agency primarily
responsible for implementing the state's water pollution control program (65-
159). However, the water pollution law specifically gives the State Livestock
Sanitary Commissioner and Animal Health Board continuing authority to regulate
and implement feedlot controls (65-1711). Agricultural wastes would seem to
fall under the definition of sewage (65-164). This would trigger a require-
ment that a sewage discharge permit be issued (65-165). In practice, the
DHE has segregated the feedlot and agricultural waste problems and treated
them differently. The regulations require a permit for all confined feeding
operations of 300 or more animals, all operations that use a lagoon and all
operations that have a water pollution potential (Rule 28-18-1, 2). For
cattle, the minimum requirement is a detention pond capable of containing
three inches of surface runoff from the feedlot. Waste collected in the pond
must be disposed of as soon as practicable (Rule 28-18-3). For swine, lagoons
are allowed in lieu of treatment facilities but they must be capable of re-
taining all wastewater and solid waste matter from the feeding areas as well
as three inches of runoff. For sheep, retention ponds capable of holding
three inches of runoff are sufficient. Any discharges from retention ponds
must meet the applicable water quality requirements. Waste materials may be
disposed of or stockpiled provided that they do not contribute to water pollu-
tion (28-18-4). Additional guidelines have been issued which establish the
general construction and operational requirements for control facilities.
These include the requirement of a minimum capacity sufficient to hold the
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runoff from a 10-year, 24-hour rainfall event. Disposal facilities, also,
are regulated and irrigation disposal equipment must be owned and operated
by, or be under contract to, the feedlot operator. There are waste disposal
application rate guidelines dealing with dewatering, rate of application (3
acre-inches/acre) and total annual limits (12 acre-inches or 20-30 tons/acre).
Disposal must be on land that is utilized for crop production.
ADDRESS: Department of Health and Environment
Bureau of Water Quality
Forbes AFB Bldg. No. 740
Topeka, Kansas 66620
913/862-9360
2. SOLID WASTE
The DHE, Bureau of Environmental Sanitation is the agency responsible
for implementing the state's solid waste control program (65-3402). Agricul-
tural wastes are specifically included within the definition of solid wastes.
There is, however, a specific exemption for the feedlot operator who deposits
manures on his own or on leased land, and a general exemption for agricultural
uses of solid wastes provided that the operation does not create a public
nuisance (65-3409). All solid waste must be so stored as to prevent exces-
sive numbers of insects and other vectors and to minimize production of offen-
sive odors.
ADDRESS: Deaprtment of Health and Environment
Bureau of Environmental Sanitation
Forbes AFB Bldg. No. 740
Topeka, Kansas 66620
913/862-9360
3. AIR
The DHE, Bureau of Air Quality is the agency responsible for implementing
the state's air pollution control program (65-3002). Local air pollution
control programs may operate concurrently with those of the DHE if they meet
the minimum requirements set by the DHE (65-3010). Air contaminants are
defined to include odorous substances and dust (65-3002). Although there have
been numerous odor-related complaints from residents living near feedlots,
the DHE has not adopted odor control regulations. The Bureau of Air Quality
usually refers odor complaints to the Bureau of Water Quality. The DHE has
promulgated a fugitive dust regulation prohibiting activities which cause
particulate concentrations at the property line which exceed 20 milligrams/
cubic meter for a period of 20 minutes. The DHE has enforced this regulation
against the larger feedlots, forcing them to change their feed handling opera-
tions. ,
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ADDRESS: Department of Health and Environment
Bureau of Air Quality
Forbes AFB Bldg. No. 740
Topeka, Kansas 66620
913/862-9360
4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds must be licensed by the Department of Agriculture
before they may be sold in the state (2-1003). Adulterated feed may not be
sold, with "adulterated" being defined as anything that would be injurious
to the health of livestock or poultry (2-1011). Commercial fertilizers are
also regulated by the Department of Agriculture (2-1201). They, too, must
be registered before they may be sold (2-1201 b). There is no exception for
unmanipulated animal manures, but there is an exception for domestic animal
dung (2-1201).
5. AGRICULTURE
It is unlawful to feed unprocessed garbage to animals (47-1302). Garbage
is broadly defined and would seem to include animal wastes (47-1301). The
Animal Health Board (AHB) and Sanitary Commissioner have the responsibility
of enforcing these rules (47-1304). The AHB is given primary administrative
responsibility under the Kansas Feedlot Licensing Law (47-1501). Any feedlot
having over 1,000 head is required to obtain a license from the Sanitary
Commissioner (47-1503). Before the license may be issued the owner must sat-
isfy seven requirements, including sanitary and waste disposal procedures,
mandated by both the statute and the regulations (47-1505). These include
reasonable methods for disposal, control of pests, adequate drainage, avail-
ability of mechanical means for scraping, etc. The AHB provides expert ad-
vice to feedlots upon request (47-1511). The AHB regulations require that
the feedlots be scraped at least twice a year and limit the disposal of
wastes to hauling to farmland, dehydrating, and depositing in lagoons (Reg.
9-8-1). Control of insects and rodents is also mandated. Insecticides may
be utilized in the feedlot operation. Surfaces of feedlots must be sloped to
prevent accumulation of surface water (Reg. 9-8-4). Fianlly, the AHB has
recommended feedlot management practices concerning cleaning of Tots, insect
control and water pollution. The AHB regulations specifically require that
all 300-head feedlots must obtain a water permit from the DHE. The AHB also
requires livestock markets to be licensed and kept in sanitary condition (47-
1001). The State Dairy Commissioner has the authority to inspect all dairies
for cleanliness (65-701).
ADDRESS: Animal Health Board
109 West 9th Street
Topeka, Kansas 66612
913/296-2326
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6. NUISANCE
The DHE has the primary responsibility for abating nuisance (65-159).
This power may be delegated to local boards of health as well (65-159). By
regulation, the collection or accumulation of animal excrement or offal that
can become a breeding place for insects is a nuisance (Reg. 28-5-4). The DHE
solid waste regulations broadly define nuisance in terms of the storage,
handling and disposal of solid waste. Any domestic animal pen that pollutes
a water supply, surface or underground; which is maintained in a manner that
attracts flies or rodents; or is within 300 feet of a dwelling other than
that of the owner is a nuisance (Reg. 28-5-4). Maintaining a public nuisance
is a Class C misdemeanor (21-4106). Cities, also, have nuisance abatement
authority (12-1617e).
7. SOIL AND WATER CONSERVATION
The State Conservation Commission has advisory and assistance powers
over local conservation districts (2-1904). Local districts do not possess
land use authority (2-1908). All landowners have the duty to minimize wind-
blown dust and soil erosion (2-2002). Counties may require owners to take
certain actions and, if no action be taken, may do the work themselves and
assess the cost of the project against the land (2-2006).
8. LAND USE
The AHB requires all feedlots to comply with applicable zoning ordi-
nances. Cities are authorized to zone and plan (12-707). Counties may zone
(19-1901), but their zoning ordinances may not apply to agricultural uses of
the land (19-2908). Several cases have held that feedlots are agricultural,
not commercial, enterprises and therefore may not be regulated by county zon-
ing. There is no system for preferential assessments for agricultural land,
although appraisers are instructed to utilize agricultrual values in ascer-
taining fair market value (79-503).
9. SPECIAL SANITATION ZONES
The DHE is responsible for the protection of certain reservoirs through
the designation of areas as sanitation zones (65-186). While agricultural
uses are exempted, feedlots are not (65-189e). The DHE is to regulate solid
waste disposal so as to prevent pollution within these zones (65-187).
The Kansas program for the NPDES was approved on June 28, 1974. The
authority is administered by the Kansas State Department of Health, Division
of Environmental Health.
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KENTUCKY
Key to Legal Citation
Ky. Rev. Stat. §
(§ )
(12.020)
1. WATER
The Department of Natural Resources and Environmental Protection (DNREP),
Division of Water Quality is the agency responsible for administering the
state's water pollution permit system (12.020). Water pollution is defined
broadly to include any alteration of the physical, chemical or biological
properties of the water (224.005). No definition is given in the statute for
sewage or wastes (224.005). The regulations, however, specifically include
within the definition of "other wastes," wastes from agricultural enterprises.
Rule-making authority is vested in the Environmental Quality Commission (EQC)
(224.045). The regulations provide for prior submission of plans and specifi-
cations for all discharges into the waters of the state (Reg. 401 KAR 5:005).
All waters must be kept free from color, odor or other nuisance-type condi-
tions (Reg. 401 KAR 5:025). If a water body is to be used for agricultural
or livestock purposes, it must meet the above standards and also be free from
sludge or other floating materials (Reg. 401 KAR 5:025). If the discharge
includes biochemically degradable wastes, they must be treated to limit the
amount of BOD, suspended solids, and fecal coliform bacteria in the effluent,
as well as to control the pH (Reg. 401 KAR 5:045). Point source dischargers
into streams must apply best available technology economically achievable.
The DNREP may grant total or partial exemptions from the permitting require-
ments (224.073)1 The state is empowered to seek civil damages against indi-
viduals who pollute the waters, causing injury to fish or other wildlife
(224.110). There is a state-wide Pollution Abatement Authority with power
to give financial assistance to prevent pollution of the waters, but the
receiving agency must be a governmental body (224A.035).
ADDRESS: Dept. of Natural Resources and Environmental Protection
Division of Water Quality
Capitol Plaza Tower
Frankfort, Kentucky 40601
502/564-3410
/
2. SOLID WASTE
The DNREP, Division of Solid Waste is responsible for implementing the
solid waste management program (224.005). Solid waste is defined broadly to
include all putrescible refuse, but there is no specific reference to agri-
cultural wastes (224.005). The basic regulatory, system appears to be licens-
ing and regulation of landfills (224.880). The regulations do not exempt
agricultural activities, although the entire thrust of the program appears to
concern the municipal sanitary landfill operations. The DNREP approves dis-
posal methods which a county or city may utilize for garbage and refuse
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(109.010). The DNREP may also call for the creation of sanitation districts
within the state for the purpose of developing solid waste management plans
(220.020).
ADDRESS: Dept. of Natural Resources and Environmental Protection
Division of Solid Waste
Capitol Plaza Tower
Frankfort, Kentucky 40601
502/564-6717
3. AIR
The DNREP, Division of Air Pollution Control is responsible for imple-
menting the state's air pollution control program (224.005). Air contaminant
is defined to include odors. There are two regulations that are generally
applicable to feedlot operations, one being an odor regulation and the other
a fugitive dust emissions limitation. The odor regulation requires that the
odor not be detectable at equal to or greater than 7 dilutions on a Barnebey-
Cheney scentometer at the property line (401 KAR 8:020). It is to be enforced
if a homestead nuisance situation is proven. The DNREP recommends ameliora-
tive measures to minimize "fugitive particulate matter" (401 KAR 3:060).
These include the utilization of good agricultural practices so as not to
create a nuisance. No person may discharge visible fugitive dust emissions
beyond the property line. The DNREP may exercise concurrent abatement powers
with local air pollution control districts if it certifies that their program
meets the minimum standards created by the state (224.450). The program may be
operated by either cities or counties. The statute specifies an opacity
limitation (77.155), but exempts equipment used for agricultural operations
in the growing of crops or the raising of fowl or animals (77.160). Likewise,
the local permitting requirements are waived for equipment used in agricul-
tural operations (77.195).
ADDRESS: Dept. of Natural Resources and Environmental Protection
Division of Air Pollution Control
Capitol Plaza Tower
Frankfort, Kentucky 40601
502/564-3350
4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds must be registered with the Department of Agricul-
ture (250.511). The Director of the Agricultural Experiment Station mayrby
regulation exempt such feeds as he deems to be not adulterated (250.501)^
All fertilizers must be registered and properly labelled (250.400). There
is no specific definition of commercial fertilizer in the statute.
5. AGRICULTURE
All statutes that refer to cattle are also applicable to sheep, hogs, or
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goats (446.010). All individuals in the business of collecting animal car-
casses must be licensed by the Commissioner of Agriculture (263.020). All
owners or operators of stockyards must be licensed by the Department of Agri-
culture (261.230). This requirement is not applicable to the individual
feedlot owner who sells cattle or other livestock from his own property (261.
200). In any establishment in which there is slaughtering or processing of
poultry or rabbit products, the facilities must by operated in accordance
with sanitary regulations of the Department of Agriculture (217A.070). Both
the Department and counties may appoint livestock inspectors who may order
and enforce minimum sanitary conditions at feedlots (257.030). All poultry
hatcheries and dealers in chicks or eggs must be licensed by the livestock
sanitary division of the Department (257.420). The livestock dealer licens-
ing law is not applicable to farmers who sell only livestock which they have
produced and raised on their own premises (257.510). The law is also not
applicalbe to those who purchase livestock for feeding purposes and retain
them for a period of 30 days or more if they are not regularly engaged in the
business of buying, selling or negotiating the transfer of livestock (257.
520). All others must be licensed by the Department (257.530). The Depart-
ment also inspects dairy farms (217C.040). There is apparently no prohibi-
tion against the feeding of garbage to swine.
6. NUISANCE
The Department of Human Resources has the authority to abate all nuisance
within the state (211.210). The fine for continuing a nuisance-type condi-
tion is not less than $10 nor more than $100 (211.990). Every property owner
in cities has a duty not to allow his property to become a public nuisance
(381.770). Both city and county health boards also have the power to abate
nuisance (212.245). Large cities may prohibit, remove or regulate the erec-
tion or maintenance of any stockyard, slaughterhouse, pigpen, cow stable, or
dairy within and up to two miles outside of the city limits (84.220). Smaller
cities have only one mile extraterritorial jurisdiction for nuisance abate-
ment (85.180).
7. SOIL AND WATER CONSERVATION
The State Conservation Commission, which oversees local districts, is
located within the DNREP (262.010). The State Commission's functions are
mostly supervisory (262.090). Local districts may be created by election
(262.120). The local district may develop soil conservation plans and employ
erosion-control measures (262.310-320). Land use regulations may be imposed
after a local referendum (262.360).
8. LAND USE
There is a statewide Council for Land Use Planning (147.330). Although
its functions are mostly advisory and planning oriented, it may study methods
for identifying areas of critical environmental concern and development of
regional benefit that may fall under state regulation (147.350). Both cities
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and counties have the authority to zone or plan (100.203). There are no
exceptions made for agricultural uses. Land which has been devoted to agri-
cultural or horticultural uses may be assessed at agricultural value only for
purposes of the ad valorem tax (132.450). There-is a 2-year deferred tax
penalty for land that is no longer used for agricultural purposes (132.450).
Kentucky does not have an approved National Pollutant Discharge Elimina-
tion System program.
LOUISIANA
Key to Legal Citation
La. Rev. Stat. Ann. § (West)
(§ )
(56:1433)
1. WATER
The Stream Control Commission (SCC) (56:1433) and the Health and Human
Resources Administration (HHRA), Water Quality Branch (40:11) are the agencies
responsible for implementing the state's water pollution control program.
All discharges which tend to destroy fish or animals, wild or domestic, are
prohibited (25:1440). All dischargers who cause water pollution are punish-
able by fines of not less than $100 nor more than $2,000, with possible incar-
ceration for up to 120 days (56:1461-3). No wastes, including animal wastes,
may be discharged into public waters without receiving the best practicable
secondary treatment (56:1464.1). The SCC is the permit-issuing agency for
all dischargers of waste into the waters of the state (56:1434, 1439). The
HHRA becomes involved in the water pollution control program through its gen-
eral nuisance abatement powers (40:11) and Sanitary Code Regulations. Engi-
neering standards for controlling runoff from feedlots and dairies have been
adopted by an ad hoc Animal Waste Disposal Committee. (The Committee is made
up of representatives from the HHRA, the SCC, the US Department of Agricul-
ture, Louisiana State University, the US Soil Conservation Service, the US
Agricultural Extension Service, and the US Agricultural Stabilization and
Conservation Service.) The Committee has adopted the two-cell lagoon disposal
system recommended by the SCS. Cost-sharing grants from the ASCS for waste
disposal systems are available only to operations whose plans comply with
the recommended engineering standards. The contamination of public water
supplies is a criminal act punishable by fine, imprisonment or both (14:58).
The Wildlife and Fisheries Commission, also, may prevent water pollution
which kills fish or renders the waters unfit for maintenance of normal fish
life (56:362). Any individual who engages in domestic fish farming must
obtain a permit from the Wildlife and Fisheries Commission (56:412). In addi-
tion, all domestic fish operations are deemed to be agricultural pursuits and
the fish are defined to be livestock for purposes of state regulation (56:411).
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ADDRESS: Health and Human Resources Administration
Division of Health
P. 0. Box 60630
New Orleans, Louisiana 70160
504/568-5101
Stream Control Commission
P. 0. Drawer FC
University Station
Baton Rouge, Louisiana 70893
2. SOLID WASTE
The HHRA, Bureau of Environmental Services again through its general
nuisance abatement powers, has enacted solid waste regulations in the Sani-
tary Code. Both dairies and other feedlots fall under the aegis of the HHRA
(Reg. 5.B.103). All manure must be removed so as to prevent excessive vec-
tors, and the cow yards must be kept clear of stagnant water, mud and wastes
(Reg. 5.B.102). The Sanitary Code also deals with the problem of refuse
disposal. Refuse is defined to include animal wastes. In addition, there
is a category of stable refuse, which is also controlled (Reg. 10.50.1). No
landowner may allow refuse to accumulate so as to risk excessive infestation
by vectors (Reg. 10.51). The method used for the disposal of refuse must be
approved by the HHRA (Reg. 10.53). Owners of confined animal facilities
in built-up areas must dispose of all stable refuse promptly and must keep
the area in a sanitary condition (Reg. 10.56). Manure must be kept in cov-
ered containers (Reg. 10.56). All owners of other confined animal operations
must remove the stable refuse daily (Reg. 10.56). The HHRA may also enforce
standards to regulate obnoxious odors under its general grant of authority
(40.11). As of this date there are no general regulations dealing with the
odor problem, the HHRA preferring to handle the problem on a case-by-case
nuisance basis.
ADDRESS: Health and Human Resources Administration
Bureau of Environmental Services
State Office Building
New Orleans, Louisiana 70112
504/527-5111
3. AIR
The HHRA, Air Quality Section and the Air Control Commission (ACC) are
the agencies responsible for implementing the state's air pollution control
program (40:2202). Odors are not specifically mentioned in the definition
of an air contaminant (40:2204). There appears to be a conflict between the
authority of the HHRA to promulgate odor regulations and the statutory exclu-
sion of all regulation of air contaminants other than by the ACC with the sole
exception of private actions to abate nuisance (40:2216). The HHRA handles
odor complaints on a case-by-case basis, regardless of the apparent conflict
with the ACC's authority over air contaminants (40:2216). The ACC has not
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enacted any odor-related regulations. There is, however, a regulation requir-
ing that all reasonable precautions be taken to prevent the emission of fugi-
tiup Hncf
tive dust.
ADDRESS: Health and Human Resources Administration
Air Quality Section
325 Loyola Avenue
New Orleans, Louisiana 70160
504/563-5214
Air Control Commission
P. 0. Box 60630
New Orleans, Louisiana 70130
504/568-5521
4. COMMERCIAL FEED AND FERTILIZER
All feeds which are to be fed to livestock, including fish, must be
registered with the Commissioner of Agriculture and Immigration (3:1891).
Manure is not excluded from the definition of commercial feed (3:1891). All
fertilizers must also be registered with the Fertilizer Commission (3:1312).
Manure is excluded from the definition of fertilizer unless it has been dried
or otherwise treated (3:1311).
5. AGRICULTURE
Dairies and their waste disposal procedures are regulated by the HHRA
through the Sanitary Code (Reg. 5.A.6). The water pollution problems are
handled through the aforementioned ad hoc General Waste Disposal Committee.
The HHRA also prohibits the feeding of garbage, unless boiled for a period of
30 minutes in a process approved by the HHRA, to swine (Reg. 10.54). The
State Livestock Sanitary Board, chaired by the Commissioner of Agriculture,
has members representing poultry, cattle, swine and sheep producers (3:2091).
Its primary function is to regulate livestock diseases. The Board also regu-
lates livestock dealers engaging in the business of buying or selling live-
stock at any privately operated sales pen or concentration point (3:561). All
dealers must be licensed by the Board (3:563).
6. NUISANCE
The HHRA is given authority to control and abate nuisance within the
state (40:11). Both parish (county) and local boards of health may administer
to all matters of local sanitation, including nuisance abatement (40:35).
Cities may prohibit garbage or refuse disposal dumps within their borders
(33:4168). Livestock may not go on levees (3:2571). Most cities or towns
may by ordinance regulate, restrict or prohibit the running at large of live-
stock and the establishing of pens and yards. They may impose certain fees
and charges for such activities (3:2531). Cities and towns may also abate
nuisance which is defined to include hog pens, slaughterhouses or stockyards
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(33:401). The local boards of health may also prescribe regulations for
cleaning these facilities and for their location within the town (33:401). A
parish may enact regulations dealing with the sale of cattle within the
parish (33:1326).
7. SOIL AND WATER CONSERVATION
The State Soil Conservation Committee is the umbrella state agency deal-
ing with soil conservation (3:1204). Local Soil Conservation Districts may
be created by petition (3:1205). SCO's may utilize land use regulatory power
if authorized by the local electorate.
8. LAND USE
Parishes have the express authority to zone and plan (33:1236). By
popular vote certain parishes may create environmental protection districts
(33:7551). The EPD's may develop plans and zoning ordinances for the undevel-
oped area around existing residential development. An EPD is required to con-
sult with the Wildlife and Fisheries Commission and the SCC. Cities may plan
and zone (33:701, 4722). There is no mention of exclusion of agricultural
uses within the zoning power of either the parishes or cities. By virtue of
the Louisiana Constitution (art. 7, §18), bona fide agricultural land is to
be assessed at 10% of use value, not fair market value. Landowners must apply
for the special treatment (47:2304). There are no penalties for changing the
use to other than agricultural, except for the loss of eligibility (47:2306).
Louisiana has not been approved to administer the National Pollutant
Discharge Elimination System.
MAINE
Key to Legal Citation
Me. Rev. Stat. tit. , §
(Tit. -§ ~T"
(38-361")
1. WATER
The Department of Environmental Protection (DEP) and the Board of Envi-
ronmental Protection (BEP) are jointly responsible for implementing the
state's water pollution control program (38-361). "Pollutant" is defined to
include any kind of agricultural wastes (38-361). The BEP requires permits
for all discharges of pollutants (38-413). There are no regulations specifi-
cally governing feedlot operations but where discharge to a stream through a
man-made device exists, treatment for bacteria and BOD removal is required.
The control required will depend upon the class of water which receives the
effluent (38-414). The general limits are 20 mg/1 BOD5 and 15 bacteria/100 ml
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total coliform. In addition, named inland lakes, classified as great ponds,
are protected by the Board and all waste control systems must meet state
guidelines to prevent environmental damage to said great ponds (38-382). No
solid waste disposal area may be located within 300 feet of any classified
body of water (38-421).
ADDRESS: Department of Environmental Protection
Bureau of Water Quality Control
State House
Augusta, Maine 04333
207/289-2591
2. SOLID WASTE
The DEP administers the state's solid waste disposal program (38-1304).
By statutory definition, however, solid wastes do not include agricultural
wastes (38-1303). Maine has a published set of guidelines for manure and
manure sludge disposal on land. The document, a combined effort of several
state and federal agencies, provides alternatives for farmers to consider.
The guidelines suggest that no field spreading be attempted on frozen ground
of more than 3% slope. The rate of application on frozen or snow covered
ground must not exceed 250 pounds of nitrogen/acre. No manure should be ap-
plied within 25 feet of the high water mark of any body of water or within
100 feet of wells, ponds, lakes or marine waters. No spreading should be
done on slopes steeper than 25% or on fields adjacent to ponds or lakes.
Repeated annual land applications have the additional recommendation of a
maximum rate of 500 pounds of nitrogen/acre/year. Before one may pile manure,
the soil should be examined by a soil scientist and found suitable. Manure
should not be stored for more than one year, it should not be stored or piled
on a slope exceeding 8% or within 300 feet of a body of water, and the site
selected should be such as to minimize the drift of possible odors downwind
to nearby residences. Burial of manure should occur only on suitable soils.
Burial sites should not be located within 300 feet of a body of water or on a
slope exceeding 8%. Surface water must be diverted away from the burying
trench. Total nitrogen buried should not exceed 5,000 pounds per acre. Simi-
lar guidelines exist for composting manure. Disposal systems from lagoons
should seek DEP or Department of Agriculture approval. They must be located
on suitable soils and be at least 300 feet from the nearest body of water.
Liquid wastes must be disposed of by irrigation at a rate not to exceed 500
pounds of nitrogen per year. Spraying should not be done within 100 feet of
wells or lakes.
ADDRESS: Department of Environmental Protection
Land Quality Control
State House
Augusta, Maine 04333
207/289-2111
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3. AIR
The DEP is also responsible for administering the state's air pollution
control program (38-582). Odor is not specifically mentioned in the defini-
tion of air contaminant (38-582). Animal wastes are defined as a type 4
waste (38-582). The wastes classification scheme relates to controls on
incinerators used to burn wastes. There are no specific regulations applica-
ble to feedlots, but there is a general prohibition against the discharge of
air contaminants, which would apply to the feedlot operator (38-591). Local
governments may adopt more stringent air pollution regulations (38-597).
"Air pollutant" and "air contaminant" are defined broadly enough to include
odors and fugitive dust (38-582). Animal excreta are included within the
definition of waste for air pollution purposes (38-582).
ADDRESS: Department of Environmental Protection
Bureau of Air Quality Control
State House
Augusta, Maine 04333
207/289-2431
4. COMMERCIAL FEED AND FERTILIZER
The Commissioner of Agriculture is given extensive powers over both
commercial feeds and fertilizers (7-12). All commercial feeds must be regis-
tered with the Commissioner prior to distribution (7-692). Commercial ferti-
lizers do not include unmanipulated animal and vegetable manures (7-742).
All other fertilizers must be registered with the Department (7-743). No
adulterated fertilizers may be distributed (7-747).
5. AGRICULTURE
The Department of Agriculture requires that any individual who feeds gar-
bage to swine must obtain a license (7-1814). This does not apply to swine
raised solely for the person's own use (7-1814). The Department may inspect
dairies for sanitary purposes (7-2311). The Department regulates poultry
dealers (7-1801). It also regulates the livestock industry and has the power
to adopt regulations (7-1303). All livestock dealers must keep their pre-
mises and vehicles in a sanitary condition (7-1307). The Commission is also
empowered to promulgate regulations dealing with the sanitation of dairy farm
operations (7-2904).
-\
6. NUISANCE
Nuisance is defined very broadly, and includes the causing of a noisome
substance to collect to the detriment of another. Water pollution is also
included within the definition (17-2802). The Department of Human Services
is given the responsibility of abating nuisance (22-1). Placing of manure in
a local dump without permission of the city health officer is specifically
prohibited (30-4102).
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7. SOIL AND WATER CONSERVATION
There is a State Soil and Water Conservation Commission with largely
advisory powers (12-54). Local soil and water conservation districts may not
possess land use authority (12-6).
8. LAND USE
The DEP is given extensive control over the location of large-scale
development where the area affected exceeds 60,000 square feet (38-482). This
would undoubtedly include all feedlot operations of any size. A permit from
the Department will be issued only after a public hearing, a finding that
there will be no adverse effect on the natural environment, and a determina-
tion that the operator can meet state air and water quality control standards
(38-484). The state has an extensive land use law which affects new agricul-
tural facilities. By a specific exemption, operating farms and accessory
buildings are excluded from the operation of the state land use law (12-685A).
Otherwise, a state permit is required to determine that the state land use
district regulations have been met (12-685B). Counties and cities are also
empowered to plan and zone (30-4962).
ADDRESS: Land Use Regulation Commission
State House
Augusta, Maine 04333
207/289-2631
-\
Maine has not been authorized to administer the National Pollutant Dis-
charge Elimination System.
MARYLAND
Key to Legal Citation
Md. Ann. Code art. , §
(Art.-§
1. WATER
The comprehensive water pollution control program is operated jointly by
the Department of Health and Mental Hygiene (DHMH) and the Department of
Natural Resources (DNR) (8-1404). Apparently, the actual program is operated
by the Water Resources Administration Division of the DNR (8-201). Agricul-
tural wastes fall under the statutory definition of sewage (43-387). There
are no speicific regulations that apply to feedlot operations. All discharges
of wastes or waste water, regardless of size, must obtain either an NPDES
permit or a state discharge permit (8-1413). All waters must be free of waste
that will be unsightly, putrescent, odorous or that may be harmful to human,
animal, plant or aquatic life (Reg. 08.05.04.02). The basis for the effluent
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limits allowed is the quality standard of the receiving water, based on the
classification given the stream (Reg. 08.05.04.03). State discharge permits
are also required for waste water effluents disposed of by means of spray~or
other land irrigation systems (Reg. 08.05.04.04). Exemptions from the permit
requirements for discharges are made for those who do not contravene the
receiving water quality standards (Reg. 08.05.04.05). Plans and specifica-
tions must be submitted prior to the request for a state discharge permit
(Reg. 08.05.04.08). A state discharge permit is also required for activities
that may cause pollution of groundwater (Reg. 08.05.04.04). All feedlots or
hog farms which have some discernible collection system, such as a milking
parlor with a drain leading to a stream, must obtain an NPDES permit, which
Maryland is authorized to issue. For all undefined discharges, as from pas-
ture runoff, there is a special agricultural policy enforced by the DNR in
cooperation with the University of Maryland Extension Service and the US Soil
Conservation Service. The SCS, through the use of a booklet entitled "Agri-
cultural Waste Management Field Manual", recommends to individual farmers
which technique is best suited to their operations. After the farmer accepts
the recommendation, a letter is sent to the DNR with a map of the area and a
statement of the proposed alternative chosen. The DNR will then send a let-
ter in return, approving the alternative. In this way, the monetary, public
hearing and effluent requirements are avoided. Most alternatives involve
some type of land disposal, which normally requires a state discharge permit.
This, however, is waived for agricultural land disposal. Other land disposal
systems involve pre-treatment and application rate limitations. In addition
to the general regulatory scheme, there are several miscellaneous statutes
which would apply to the feedlot operator. Any pollution of a water body
that supplies the drinking water of a community is deemed to be a misdemeanor
with a maximum fine of $50 per day for each day of the violation (27-583).
There is a Science Advisory Board with no agricultural representatives whose
major duty is to recommend policy and regulations for the design of various
water pollution facilities (43-718-20). There is a general prohibition
against the throwing of refuse into the waters of the state (8-726).
ADDRESS: Department of Natural Resources
Water Resources Administration
Tawes State Office Building
Annapolis, Maryland 21401
301/269-5846
2. SOLID WASTE
The DHMH, Environmental Health Administration is the agency primarily
responsible for implementing the state's solid waste management program (43-
394). The Maryland Environmental Service has planning and design authority
(3-105). The definition of solid wastes includes agricultural wastes (43-
387C). Land disposal regulations, which are not applicable by departmental
policy to agricultural operations, have been promulgated. Counties have
extensive regulatory authority over sanitary landfills and other solid waste
disposal facilities (43-387C).
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ADDRESS: Department of Health and Mental Hygiene
Environmental Health Administration
P. 0. Box 13387
Baltimore, Maryland 21203
301/383-2770
3. AIR
The DHMH, Bureau of Air Quality Control has sole jurisdiction over the
air pollution control program (43-690). The definition of air pollution
includes the emission of odors (43-691). The primary regulatory tool is a
permit system for all sources of emissions (43-706). Cities and counties
have the authority to adopt more stringent standards (43-705). No odor or
fugitive dust regulations have been enacted by the DHMH.
ADDRESS: Department of Health and Mental Hygiene
Bureau of Air Quality Control
610 North Howard Street
Baltimore, Maryland 21201
301/383-2779
4. COMMERCIAL FEED AND FERTILIZER
Commercial feeds, which include all feeds distributed for any animal,
must be registered with the Department of Agriculture (6-107). Commercial
fertilizers are defined to exclude unmanipulated animal manure (6-201). All
fertilizers must be registered with the Department on an annual basis (6-207).
5. AGRICULTURE
Garbage may not be fed to swine (3-404). Garbage may be so defined by
the Secretary of Agriculture as to exclude wastes that have been heat-treated
and thus are nonputrescible. Once treated, however, they become commercial
feeds subject to the commercial feed law (3-404). Wastes that have been
heat-treated and are non-toxic may be included in hog feeds if the finished
feeds do not violate standards of the US Food and Drug Administration. The
DHMH has the authority to issue annual permits, after inspecting dairy barns
(43-575).
6. NUISANCE
The DHMH has the primary authority to set regulations dealing with
nuisance-type activities (43-1F). The State Board of Health may investigate
all claims of nuisance activities involving waste disposal or water pollution
(43-36). City boards of health may abate nuisance within city limits (43-47).
Local boards are given special abatement powers over privy pits, pigpens and
other installations that occur within city limits (43-49). Towns or villages,
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even if without local health departments, may make rules and regulations
dealing with pigpens or other noxious places that may create a nuisance (43-
103). The State Board of Health may also regulate the use of public drinking
water supplies and sewage disposal systems which become injurious to the
public health (43-393). All counties may regulate slaughterhouses and places
where offensive trades are conducted (25A-5). Two counties have been autho-
rized to approve the location of slaughterhouses and other places which may
give rise to unsanitary conditions (25-3). Cities may regulate the deposit-
ing of garbage in any area (23A-2). Cities may also regulate slaughterhouses
and all offensive trades (23A-2). Cities may prevent the depositing of un-
wholesome substances on private or public property (23B-22). Towns and
villages may regulate, prohibit and control the location of stockyards,
slaughterhouses, cattle or hog pens, or renderers (23B-22). This is in addi-
tion to the usual nuisance abatement authority carried out by local health
officials (23B-22).
7. SOIL AND WATER CONSERVATION
The State Soil Conservation Committee is the umbrella state agency
governing local districts (8-101). Local districts have mostly planning and
advisory powers (8-306). Land use powers may be exercised by the districts
after the voters so choose in a referendum (8-307-8). Maryland has enacted a
sediment control law administered by the DNR. There is an exemption for
agricultural land management practices.
8. LAND USE
Cities have the authority to zone under several different statutes (23B-
22, 23A-2). Counties, also, may zone and plan (25A-5). There is no exemp-
tion for agricultural uses from either the county or city zoning authority.
Land that is devoted to agricultural uses may be assessed at use value (81-
19). In determining the use value, the zoning of the parcel is one factor to
be considered (81-19).
Maryland was approved to administer the NPDES on September 5, 1974. The
authority is vested in the Maryland Department of Natural Resources, Water
Resources Administration.
MASSACHUSETTS
Key to Legal Citation
Mass. Gen. Laws Ann. ch , § (West)
(Ch -§
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1. WATER
The newly created Department of Environmental Quality Engineering (DEQE)
has responsibility for the water pollution control program (21-1). Within
the DEQE there is a Water Resources Commission (WRC), which controls the
Division of Water Resources (DWR) (21-8). The Commissioner of Agriculture is
a member of the WRC (21-8). Pollutant is defined to include any agricultural
waste which is discharged, drained or otherwise introduced into any treatment
works or waters of the state (21-26A). Agricultural wastes, by regulation,
are included within the definitions of both "pollutants" and "waste water".
All parties who discharge into state waters must obtain a state permit (21-
43). Discharges without a permit are illegal (21-44). The DEQE utilizes the
EPA guidelines on feedlots. The WRC may enact special regulations dealing
with discharges into scenic or recreational rivers (21-17B). There is a fine
attached to the depositing of a substance that injures or obstructs naviga-
tion (102-17). The Fish and Game Commissioner may recommend to the WRC that
discharges be regulated or prohibited in order to protect inland water fish-
eries (131-41). Any discharge which directly or indirectly injures or kills
fish is prohibited (131-42). The Department of Public Health may issue such
orders regarding water pollution as it deems necessary to protect waters used
as a domestic drinking supply (111-160). A city or town, after a public hear-
ing, may petition the Department of Public Health when an activity involving
manure, excrement, garbage or sewage is polluting or tending to pollute
waters used for drinking purposes. The Department may not, however, prohibit
the cultivation and use of the soil in the ordinary methods of agriculture if
no human excrement is used thereon (111-162). The willful defilement of
drinking water supplies is a public offense (111-171).
ADDRESS: Department of Environment Quality Engineering
600 Washington Street
Boston, Massachusetts 02114
617/727-2692
2. SOLID WASTE
The DEQE is also responsible for implementing the state's solid waste
disposal program (16-18). Solid waste is defined to include waste from agri-
cultural operations but not to include sewage solids or other significant
pollutants of water resources (16-18). The DEQE is given general authority
to regulate the disposal of waste from all sources (16-19). The primary focus
of the statutes and regulations appears to be the controlling of operation and
location of sanitary landfills rather than of waste problems of the agricul-
tural operation. Local boards of health may regulate the removal, transporta-
tion and disposal of garbage and offal (111-31B).
ADDRESS: Department of Environmental Quality Engineering
Bureau of Land Waste Management
100 Cambridge Street
Boston, Massachusetts 02114
617/727-4293
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3. AIR
There appears to be a dual system of regulation of air pollution at the
state level: one by the Department of Public Health (DPH) and the other by the
DEQE (111-2). The DEQE has assumed primary responsibility for the administra-
tion of the air pollution control program (111-1420). Air pollutants are
defined to include odor (111-2B). The DEQE may adopt regulations dealing with
atmospheric pollution (11-142A). By regulation, all emissions of air contami-
nants causing air pollution are prohibited. No person, including agricultural
operators, may permit emissions which cause or contribute to air pollution by
allowing odors or fugitive dust to escape. This regulation is enforceable by
local police, fire departments, local boards of health, or building inspec-
tors. Local and metropolitan air pollution control districts may also be
created (111-142C-D). Local boards of health also have air pollution juris-
diction, including odor abatement powers (111-31C).
ADDRESS: Department of Environmental Quality Engineering
Bureau of Air Use Management
600 Washington Street
Boston, Massachusetts 02111
617/727-5194
4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds except those exempted by the Commissioner of Agri-
culture must be registered with the Commissioner's office (128-51-52). Com-
merical fertilizer is defined to exclude unmanipulated animal manures (128-
64). All manufacturers or distributors of fertilizers must.be licensed (128-
66).
5. AGRICULTURE
Mink ranches and mink products are deemed to be agricultural and are
under the supervision of the Commissioner of Agriculture (128-88). Within
the Department, the Division of Dairying and Animal Husbandry must report to
the Director of Animal Health all cases in which any barn, stable or other
enclosure where cattle, ruminants or swine are kept is in an unsanitary con-
dition (128-13). Garbage may not be fed to animals without obtaining a per-
mit from the Director of Animal Health (129-14B). It is a criminal offense
to knowingly feed garbage, refuse or offal to a milch cow. It is also
illegal to feed offal collected by a city with more than 30,000 people to any
animal other than a hog (270-9). The Department licenses and inspects all
livestock or poultry slaughterhouses (94-119). Within the Department, there
is an advisory Board of Food and Agriculture consisting of at least four
farmers (20-1).
6. NUISANCE
The state DPH is the major agency responsible for nuisance-type
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activities (111-5).. Departmental investigators must report to the Director
of Animal Health all barns, stables or other enclosures which are not kept in
a sanitary condition (111-16). Boards of health in any city or town, provi-
ded they hold a public hearing, may regulate the location of noisome trades,
including those that are attended by injurious odors (111-143). The DEQE may
act as an appeal board from a local determination (111-143). In a recent
case, a dairy farm was held to be a nuisance and barred from continuing opera-
tions. All slaughterhouses and other offensive installations, before they
may locate in a city of more than 5,000 population, must obtain the approval
of the city council and mayor (111-151). Local boards of health have the
power to license stables and regulate their location in cities of over 5,000
(111-155). Local boards of health have both inspection and regulation power
as to nuisance (111-122). The owner of a nuisance must abate within 24 hours
or face a fine (111-123). If the owner refuses to abate, the local board may
abate (111-125). Private suits to enjoin nuisance are specifically provided
for (111-134). The nuisance owner is obligated to pay court costs plus abate-
ment costs if a plaintiff prevails in a legal action to abate nuisance (243-
1).
7. SOIL AND WATER CONSERVATION
Within the DEQE, there is a Committee of Conservation of Soil, Water and
Related Resources (21-19). It has mostly advisory power? (21-20). It does
create the local conservation districts (21-22). These local districts do
not have land use powers (21-24).
8. LAND USE
Cities and towns have the authority to zone (40A-1). No zoning ordinance
may prohibit, unreasonably regulate, or require a permit for agricultural uses
of the land, except that such activities may be limited to parcels of five
acres or more in areas not zoned for agriculture (40A-3). Ordinances may not
prohibit or unreasonably regulate the expansion of existing agricultural
structures (40A-3). The Department of Natural Resources exercises stringent
land use controls in order to protect the wetlands of the state (130-105).
Regional planning is authorized to deal with zoning changes in the municipal
fringes (40B-4A). Cities^with populations over 10,000 must have a planning
board (41-81A). Massachusetts utilizes a preferential assessment system for
land deemed to be in agricultural use, including the raising of animals (61A-
1).
9. MISCELLANEOUS
The Attorney General's office has a division of environmental protection
(12-1 ID). It receives public complaints about damage to the environment and
may investigate the alleged pollution and seek injunctive relief against the
damaging activity without having to go through the administrative system (12-
11E). Private actions to abate pollution are also possible if the citizen
gives written notice about the alleged damaging acts to the regulatory agency
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responsible and if the agency chooses to do nothing about it (214-7A). No
property used for agricultural purposes may be condemned by a public body
unless there is no non-agricultural land available (79-5B).
Massachusetts has not been authorized to administer the National Pollu-
tant Discharge Elimination System.
MICHIGAN
Key to Legal Citation
Mich. Comp. Laws §
(§ )
(3.521)
1. WATER
The Department of Natural Resources (DNR), Water Quality Division and the
Water Resources Commission (WRC) are the agencies responsible for implement-
ing the state's water pollution control program (3.521, 3.525). The member-
ship of the WRC is specified by statute and includes the state Commissioner
of Agriculture (3.521). The WRC is given the authority to set water quality
and effluent standards (3.525). It is unlawful for any person to discharge
any substance that is injurious to the public health (3.526). All persons
who discharge wastewater must file an annual report with the WRC (3.526). A
concentrated animal feeding operation is declared to be a point source by the
WRC regulations (Reg. 323.2104). Agricultural wastes are defined to be a
"waste" (Reg. 323.2104). "Wastewater discharge" excludes runoff from agri-
cultural operations. All dischargers must get an NPDES or state permit (Reg.
323.2106). WRC has enacted no specific regulations dealing with feedlots.
ADDRESS: Department of Natural Resources
Water Resources Commission
Stevens T. Mason Bldg.
Lansing, Michigan 48926
517/373-1947
•
2. SOLID WASTES
The Resource Recovery Division (RRD) of the DNR is responsible for the
statewide program of solid waste management [13.27(4), 35.292]. The RRD is
required to prepare a statewide solid waste management plan and to recommend
approval of waste management projects financed by the DNR [13.27(8)].
"Refuse" is defined to include solid wastes (325.291). No person may dispose
of any refuse except at a disposal area licensed by the DNR (325.292). The
regulations are intended to cover only off-site disposal of refuse (Reg. 325.
2702). All methods of refuse disposal must be approved by the DNR (.Reg. 325.
2735). The DNR has delegated the responsibility of regulating feedlots to-
the Animal Health Division of the State Department of Agriculture.
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ADDRESS: Department of Natural Resources
90C Southland Street
Lansing, Michigan 48914
517/373-6620
3. AIR POLLUTION
The DNR, Air Quality Division and the Air Pollution Control Commission
(APCC) are the agencies responsible for implementing the state's air pollu-
tion control program (336.13, Exec. Orders 1973-2, 1973-2a). The APCC is the
permit issuing agency (336.15). Air pollution is specifically defined to
exclude the "usual and ordinary animal odors associated with agricultural
pursuits and located in a zoned agricultural area if the numbers of animals
and methods of operation are in keeping with normal and traditional animal
husbandry practices for the area" (336.12). Some feedlots may not qualify
for the exemption and, therefore, would be subject to the general nuisance
definition of air pollution contained in the regulations (Reg. 336.46).
There are no fugitive dust or odor regulations.
ADDRESS: Department of Natural Resources
Air Quality Division
Stevens T. Mason Bldg.
Lansing, Michigan 48926
517/373-8630
4. COMMERCIAL FEED AND FERTILIZER
The commercial feed law is enforced by the Department of Agriculture
[12. 503(23)]. The seller must be licensed by the state, and the feed must
not be adulterated as defined by the statute [12.503(28)]. Fertilizers, also,
must be registered with the Department, but unmanipulated animal manures are
exempted from the definition of fertilizer [12.160(2)].
5. AGRICULTURE
The Animal Health Division of the Department of Agriculture seems to be
the primary regulatory body with which the feedlot operator must deal. All
feedlots must be registered with the Department of Agriculture (12.392).
They must be maintained in a sanitary condition (12.390). The regulations
require a permit application and an inspection (Reg. 285.152.2). In addition
to the regulations, the Michigan Department of Agriculture uses Soil Conser-
vation Service minimum guidelines for livestock waste control systems. While
these technical guides are recommendations, they do establish minimum perfor-
mance standards which must be met by any alternative proposed by the operator.
The guidelines are lengthy and detailed; requirements vary from region to
region within Michigan. They deal with the overall agricultural waste
management system, and include such items as agricultural waste storage
facilities, debris basins, dikes, disposal lagoons, grade stabilization ponds,
and irrigation systems. The guidelines also deal with recommended land
76
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application rates, the general standard being about 25-30 tons of animal
wastes per acre per year. Unless odor is a limiting factor surface disposal
is recommended where there is no possibility of flushing to an open stream.
Land disposal with surface injection of liquid manure is recommended as a
means of eliminating odors. Stacking of manure with subsequent distribution
is not considered to be a viable method because of leaching and runoff prob-
lems.
The Agriculture Department has additional responsibilities in feedlot
regulation. All livestock dealers must be licensed by the state [12.481(1)].
All trucks and yards must be maintained in a sanitary condition [12.481(6)].
Garbage may not be fed to swine unless the feeder has a license from the
state [12-483(2)]. The general area must be kept in a sanitary manner to
avoid excessive vectors and garbage feeding areas must be readily cleanable
and impervious (Reg. 325.2732). The Department requires that dairy barns or
stables must be well-lighted and ventilated and free from the accumulation of
animal feces or excreta (12.671). Milking barns on dairy farms must not be
available to farm animals other than milk cows (12.672). Manure must be
removed and stored in such a manner as to avoid breeding of flies or access
by cows. Pen-type barns must be well drained and segregated for use by dairy
cattle only (12-672).
ADDRESS: Department of Agriculture
Animal Health Division
Lewis Cass Building
Lansing, Michigan 48913
517/373-1Q50
6. NUISANCE
County boards of health have the primary responsibility to abate nuisance
(14.166). Within municipalities this responsibility is given to city boards
of health (5.1338). City councils have the authority to abate nuisance (5.
1285). All unwholesome premises within city limits may be regulated (5.1333),
7. SOIL AND WATER CONSERVATION
There is a State Soil Conservation Committee with advisory powers (13.
1784). Local soil conservation districts do not possess land use powers (13.
1788). Michigan has an extensive soil erosion and sedimentation control regu-
lating system [13.1820(4)]. Persons engaged in an "earth change," except for
those engaged in agricultural practices, must have entered into a formal
agreement with a soil conservation district [13.1820(16)].
8. LAND USE
Both counties and cities have the authority to zone and plan. Agricul-
tural uses are specifically placed within the county zoning authority [5.2961
(1)]. The DNR must approve any county zoning ordinance before it can take
77
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effect [5.2961(11)]. Rural townships are also given the power to zone agri-
cultural land [5.2963(1)]. Finally, the DNR may zone, including agricultural
uses, alongside designated "natural rivers". Local governments may zone to
protect environmentally sensitive shorelands (13.1837-39). The DNR has pre-
pared a document designed to guide local governments in using zoning for the
purpose of retaining essential agricultural lands. The Farmland and Open
Space Preservation Act of 1974 allows preferential tax treatment for agricul-
tural land (26.1287). A transfer of development rights may be made and that
part of the value of the land becomes exempt from assessment [26.1287(7)].
There is also a credit against state income tax value [26.1287(10)]. Upon
relinguishing the transfer of development rights, there arises a lien for the
amount of the tax credits. !
9. MISCELLANEOUS
Under the Michigan Environmental Protection Act of 1970 [14.528(201)],
any citizen, corporation or governmental body may sue any other citizen in
the state courts for protection of the environment [14.528(202)]. One unre-
ported case in 1971 against a feedlot operator alleging an odor problem was
decided in favor of the feedlot operator on the grounds that the state had
not developed odor regulations for agricultural operations.
Michigan was granted authority to administer the NPDES on October 17,
1973. The administering agency is the DNR. 1
MINNESOTA
Key to Legal Citation
Minn. Stat. Ann. § (West)
(§ )
(115.01)
1. WATER
The Minnesota Pollution Control Agency (PCA) is the agency responsible
for implementing the state's water pollution control program (115.03). Wastes
are defined to include agricultural wastes (115.01). The definition of sew-
age would also seem to include agricultural wastes (115.01). Point sources
and disposal systems are also defined to include the feedlot operation (115.
01). The PCA has the authority to require permits for all point sources. It
is also authorized to "examine and copy any books, papers, records or memo-
randa pertaining to the installation, maintenance or operation or discharge,
including, but not limited to, monitoring data, of disposal systems or other
point sources, ..." (115.04). The PCA may prohibit the discharge of any
sewage or other wastes as well as prohibiting the storage of any liquid or
solid substance that is likely to cause water pollution (115.03). No person
may operate a disposal system without obtaining a state permit. The PCA has
prepared guidelines for recommended design criteria for disposal of effluent
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on land. The maximum allowable slope is 2% for land application. Land dis-
posal is not recommended where the depth to groundwater is less than 10 feet
There are regional sanitary districts which have water pollution control
authority as well (115.18). These regional agencies may not enact ordinances
conflicting with the PCA's regulatory scheme but may enact more stringent
regulations (115.37). The districts may construct disposal systems or require
individuals to build them (115.26). They may regulate and control the con-
struction of facilities for the disposal of animal excreta insofar as is
necessary to prevent nuisance or pollution (115.28). The regional districts
may create advisory boards at their pleasure (115.31).
ADDRESS: Pollution Control Agency
Division of Water Quality
1935 West County Road B2
Roseville, Minnesota 55113
612/296-7202
2. SOLID WASTE
The solid waste management program is operated by the PCA (116.07).
Solid waste is defined to include wastes from agricultural operations but not
to include animal waste used as fertilizer (116.06). The PCA is authorized
to issue permits for any operation that handles solid waste (116.07). Vari-
ances may be granted; a feedlot operator who is seeking a variance is exempted
from the public hearing requirement that usually attaches to the granting of
a variance (116.07). The PCA may delegate the authority to issue permits for
feedlots to the county board of supervisors which then becomes the primary
agency responsible for the processing of feedlot permits (116.07). The PCA
was also given the duty of proposing feedlot regulations by January 1, 1974
(116.07). All putrescible solid waste must be so stored as to prevent exces-
sive fly breeding. The PCA regulates disposal sites for all solid wastes,
although the thrust of the regulations emphasizes the municipal solid waste
problem. In the Minneapolis-St. Paul metropolitan area, there is a Metro-
politan Council which is given regional authority to deal with the solid
waste disposal problem, including the problem of solid wastes from agricul-
tural operations (473.121). The Metropolitan Council was given the duty of
preparing a regional solid waste comprehensive plan (473.149). A specialized
Metropolitan Waste Control Commission was created as well; it deals more with
the municipal solid waste disposal problem than with the agricultural one.
It could be the 208 agency, however, for the region (473.504). Counties also
have the authority to develop solid waste management programs, but again the
main thrust of the program deals with the municipal rather than agricultural
solid waste problem (400.03).
ADDRESS: Pollution Control Agency
Division of Water Quality
1935 West County Road B2
Roseville, Minnesota 55113
612/296-7296
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3. AIR
The air pollution control program is also operated by the PCA (116.02).
Air contaminants are defined to include dust and gases; there is no explicit
mention of odors (116.06). The PCA issues permits for sources of air pollu-
tion. An exception is made for feedlots seeking variances; in these cases
counties may be authorized by the PCA to be the processing and approval
agency (116.06). The PCA has enacted odor control rules which provide that
no person may permit the emission of odorous air pollution in excess of the
given standards. No odor emission point which is less than 50 feet above the
ground surface may emit more than 25 odor concentration units (OCU). An OCU
is defined to be the number of standard cubic meters of odor-free air needed
to dilute each cubic meter of contaminated air so that at least 50% of the
test panel does not detect any odor. Emissions beyond the property line are
limited to 1 OCU in a residential or recreational zone, 2 OCU's in light
industrial zones and 4 OCU's in all other districts. The odor of growing
vegetation is not considered to be odorous air pollution. The use of ferti-
lizer is odorous air pollution. Compliance with the provisions of this regu-
lation does not exempt the landowner from a public or private nuisance action.
There are no fugitive dust regulations.
ADDRESS: Pollution Control Agency
Division of Air Quality
1935 West County Road B2
Roseville, Minnesota 55113
612/296-7331
4. COMMERCIAL FEED AND FERTILIZER
Fertilizers, which, by definition, do not include unmanipulated animal
manures, are regulated by the Department of Agriculture (17.713). All other
fertilizers and soil conditioners must be registered with the Department,
and the producer of the fertilizer must be licensed (17.714-715). Commercial
feeds are also regulated by the Department (25.33). All feeds must be regis-
tered before use (25.34). The Department has adopted the AAFCO uniform
standards for the refeeding of poultry wastes.
5. AGRICULTURE
The Commissioner of Agriculture is authorized to formulate plans for the
inspection of poultry operations (29.021). The State Livestock Sanitary
Board has exclusive jurisdiction over all matters relating to poultry diseases
and their eradication (29.051). The State Livestock Sanitary Board is also
responsible for the overall health of livestock in the state (35.02). The
Board requires a license before garbage, including animal waste materials,
may be fed to livestock (35.75). The Board has the power to inspect all
premises where feeding of animals takes place (35.78). The Department may
inspect all dairy barns for unsanitary conditions (32.103). Local govern-
ments have concurrent inspection authority unless specifically denied by
state laws or regulations (32.104).
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6. NUISANCE
The State Board of Health establishes and enforces health standards and
identifies environmental health hazards (144.05). It may require permits
and licenses for any activity that is associated with the disposal of sewage,
pollution of streams or accumulation of unwholesome matter (144.12). Public
nuisance is broadly defined by statute (609.74). Any person is given the
right to file a civil action for damages, injunctive relief or both to abate
a nuisance (561.01). State or county boards of health also have the power
to abate nuisance, including premises where noisome odors may arise (145.17).
Cities are also given the authority to abate nuisance arising within their
boundaries (412.221 and 429.021).
7. SOIL AND WATER CONSERVATION DISTRICTS
There is a State Soil and Water Conservation Commission within the Depart-
ment of Natural Resources (DNR) with advisory powers over the local districts
(40.03). Local districts may develop comprehensive plans for the conserva-
tion of soil and water resources; may conduct demonstration projects; and
may carry out constructive, preventive and control measures within the dis-
trict (40.07). They do not possess land use authority.
8. LAND USE
The DNR is empowered to adopt local flood plain regulations if local
governments do not enact their own flood plain management ordinances (104.04).
Towns which have a population of over 1,200 people and are within 20 miles of
a larger city may adopt a zoning ordinance regulating agricultural operations
(368.56). Planning is a predicate to all city zoning (394.24). Zoning may
be employed to establish districts for the purposes of regulating use of land
or water; agricultural uses are specifically included (394.25). Counties
also have the authority to carry on planning and zoning (394.21). Counties
are empowered to implement a comprehensive plan to eliminate water pollution
in order to protect and improve the quality of water in lakes (378.31).
Counties are also authorized to create lake improvement districts with taxing
power in order to effectuate the plans (378.42). The Minnesota Environmental
Quality Council (EQC) is authorized to review all development in so-called
critical areas (116G.02). The EQC is made up of state officials, including
the Commissioner of Agriculture (116C.03). In areas of critical concern,
as defined by the EQC, the local governments may issue development permits
only after meeting the minimum EQC guidelines (116G.12). Minnesota allowed
through December 31, 1976 a 10% tax credit on state income tax for the cost
of pollution control equipment (290.06). In 1974, feedlot operators had
purchased $5.5 million in control equipment, giving them a credit of nearly
$550,000. Agricultural land may be assessed at agricultural use value only
if it meets the minimum qualifications (273.111). Upon sale for non-agricul-
tural use, the landowner must pay the full amount of taxes owing as if the
property had been assessed at full market value (273.111).
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9. MISCELLANEOUS
Minnesota allows all individuals to seek legal relief for environmental
injuries (116B.01). However, there is an exemption for family farms, family
farm corporations and bona fide farmer corporations (116B.02). Pollution for
which civil action may be filed is so defined as to exclude injury caused
solely by the presence of odors in the air (116.02). State Environmental
Impact Statements (EIS's) are required for all state activities, including
the issuance of water pollution, air pollution and solid waste permits (116D.
04). In addition, any development in the shorelands region must obtain a
permit and comply with the EIS requirements (116D.04).
Minnesota was granted authority to administer the NPDES on June 30, 1974.
The administering agency is the'PCA.
MISSISSIPPI
Key to Legal Citation
Miss. Code Ann §
(§ )
(49-17-3)
1. WATER
Under the Mississippi Air and Water Pollution Control Act (49-17-3 et. ^
seq.) the Air and Water Pollution Control Commission (AWPCC) is the agency
responsible for implementing the state's water pollution control program (49-
17-17). The Commissioner of Agriculture or his designated representative is
a member of the AWPCC (49-17-5). The AWPCC has authority to promulgate rules
and regulations dealing with water pollution and solid waste problems (49-
17-17). Agricultural wastes fall under the comprehensive definition of
wastes (49-17-5). Treatment works and disposal systems are merely facilities
or premises used to dispose of, treat or store wastes (49-17-5). The AWPCC
is given authority to require preconstruction review of plans and specifica-
tions for new disposal systems (49-17-17). A permit board issues the operat-
ing permit (49-17-29). The AWPCC has, under the above statutory authority,
developed a four-step regulatory program for 95% of the state's feeders:
1) submission by the applicant of a treatment system design worksheet through
the SCS; 2) review of the design with comments by the agency; 3) review and
approval of any discharge from the facility by the Permit Board; and 4) issu-
ance of a State Operating Permit with conditions if necessary.
ADDRESS: Air and Water Pollution Control Commission
Division of Water Pollution Control
P. 0. Box 827
Robert E. Lee Building
Jackson, Mississippi 39205
601/354-7661
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2. SOLID WASTE
The Solid Wastes Disposal Act of 1974 (Miss. Stat. Chap. 573) gives the
State Board of Health authority to regulate solid waste disposal. Local
health officials are given similar authority upon delegation from the state
However, livestock wastes are specifically excluded from the definition of '
solid wastes. Although the definition of garbage could be stretched to in-
clude feedlot wastes, the Board of Health does not regulate feedlot operations
except for abatement actions against health-endangering nuisance-type situa-
tions. There are apparently no large feedlots in the state and only one
citizen complaint has ever been received. The Board of Health has expected.
problems from domestic fish farming operations, but they had received no
citizen complaints through 1976. The Board has enacted a general refuse regu-
lation in which agricultural wastes are not specifically excluded from the
definition of refuse. No landowner may accumulate refuse so as to cause an
excessive amount of vectors. General offal must be cremated, buried or
rendered.
ADDRESS: Board of Health
Division of Solid Waste Management
P. 0. Box 1700
Jackson, Mississippi 39205
601/354-6616
3. AIR
The AWPCC is also the agency responsible for implementing the state's
air pollution control program (49-17-3). Dust, but not odor, is listed as
an air contaminant (49-17-5). The regulations prohibit the emission of any
particles that are injurious to the public health. No person may allow the
storage or handling of any material in a manner which causes increasing
amounts of fugitive dust. Odor and dust arising from buildings or equipment
are also prohibited if they would cause a nuisance.
ADDRESS: Air and Water Pollution Control Commission
Division of Air Pollution Control
P. 0. Box 827
Robert E. Lee Building
Jackson, Mississippi 39205
601/354-2550
4. COMMERCIAL FEED AND FERTILIZER
All commercial fertilizers, which are so defined as to exclude unmanipu-
lated animal manure, must be registered with the Department,of Agriculture
and Commerce (75-47-5,7). All commercial feeds that are manufactured or
distributed in the state must be registered with the Department. In 1975,
regulations were proposed which would have allowed the use of animal wastes
as feed. While these regulations were never adopted by the Department a
permit has been granted to one operator of a prototype plant preparing caged
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layer poultry waste. The program is under the aegis of a Nutritional Advi-
sory Committee at Mississippi State University.
5. AGRICULTURE
Mississippi has recognized domestic fish farming as an important agri-
cultural activity within the state. It has allowed the formation of nonprofit
cooperative associations and marketing associations to engage in fish farm-
ing activities (79-21-9, 79-21-57). The Commissioner of Agriculture and
Commerce is given the duty of promulgating regulations dealing with domestic
fish farming (69-7-501). It is unlawful to feed garbage to swine unless the
swine are to be used solely for household consumption (69-11-5). The State
Board of Health has the responsibility of inspecting dairies (41-3-15).
6. NUISANCE
The State Board of Health and local boards are delegated general author-
ity to abate nuisance caused by unsanitary conditions (41-3-15). Local gov-
ernments are also given the power to make regulations to prevent, remove and
abate nuisance (21-19-1). Hogpens, slaughterhouses, stockyards, stables and
other places where offensive matter can be accumulated are specifically
singled out for local control (21-19-1). Water Protection Districts may
abate nuisance through their power to enact regulations (19-5-173).
7. SOIL AND WATER CONSERVATION
There is a State Soil and Water Conservation Committee with advisory
powers (69-27-13). Local soil conservation districts may exercise land use
controls where so authorized by a popular referendum (69-27-37). These
controls are enforceable by an action for damages where work has been ordered
but not completed (69-27-39).
8. LAND USE
Both cities and counties have the power to zone (17-1-3). Counties,
however, may not require permits with reference to land or buildings used
for agricultural purposes if the land is in an unincorporated area (17-1-3).
Local building codes also are held not to be applicable to farm buildings in
unincorporated areas. Mississippi does not have a preferential tax assessment
scheme for agricultural lands.
Mississippi was authorized to administer the NPDES on May 1, 1974. The
AWPCC is the administering agency.
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MISSOURI
Key to Legal Citation
Mo. Ann. Stat. § (Vernon)
(§. ~
(204.026)
1. WATER
The Clean Water Commission (CWC), a subdivision of the Department of
Natural Resources (DNR), is the agency responsible for implementing the
state's water pollution control program (204.026). Water contaminants are
broadly defined and would include agricultural pollutants (204.016). In
the regulations, pollutant is defined to specifically include agricultural
waste discharged into the water (Reg. CWC R-4). The CWC, in cooperation with
the SCS and the Extension Service, utilizes a letter-of-approval system for
all feedlots within the state, regardless of size. All feedlots must be so
designed that there is no planned discharge into the waters. There are both
operating and construction letters of approval. Approval usually follows the
use of one of the techniques recommended by the SCS or the Extension Service
for controlling discharges. Missouri recommends land disposal of the wastes
on adjacent farmland, utilizing techniques that diminish the vector problem.
If there were to be a discharge, the operator would be required to meet the
effluent limitations established by the CWC. The pollution of any water by
the placement of offal or other filth therein is a criminal offense punish-
able by a fine of not less than $25 nor more than $500 (564.010). The Fish
and Game laws also make contamination of streams so as to cause fish kills a
misdemeanor (252.210). Cities have the authority to enact -regulations to
prevent contamination of their water supply.
ADDRESS: Department of Natural Resources
Clean Water Commission
1014 Madison Street
P. 0. Box 154
Jefferson City, Missouri 65101
314/751-3241
2. SOLID WASTE
The DNR is also the agency responsible for implementing the state's solid
waste management program (260.200). Statutes define solid waste so as to
include waste from agricultural operations (260.200). Disposal of solid waste
or its processing without a state permit is prohibited (260.210). The DNR
regulations provide that permits are not required for the use of solid waste
in normal farming operations provided that a public nuisance is not created.
Counties may also license dumping grounds; again, an exemption is made for
dumping garbage or refuse on one's own land so long as one does not create a
nuisance (64.480). There is also a special state bonding authority created
to finance solid waste disposal operations, with the statute specifically
including agricultural wastes within the definition of solid waste (Z60.005).
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ADDRESS: Department of Natural Resources
Solid Waste Management Program
2010 Missouri Blvd.
Jefferson City, Missouri 65101
314/751-3241
3. AIR
The Air Conservation Commission (ACC) and the DNR are responsible for
implementing the state's air pollution control program (203.040). The ACC
is the rule-making agency (203.040). The statute, in defining air contami-
nant and air pollution, does not mention odors (203.020). The ACC has enacted
a regulation, applicable in most Missouri counties, which restricts the emis-
sion of odors so as not to exceed 7 dilutions on a scentometer, conducted in
two separate tests within a 1-hour period (Reg. S-IX). The regulation is
considered to be a nuisance-type regulation and is enforced only upon the
receipt of citizen complaints. The open burning of refuse, which is so
defined as to include that from agricultural operations, is proscribed.
There is also a property-line fugitive dust regulation which prohibits the
emission of particulate matter with a concentration in excess of 80 micro-
grams/cubic meter on a 6-month geometric mean or 200 micrograms/cubic meter
on a 2-hour arithmetic mean.
ADDRESS: Department of Natural Resources
Air Quality Program
2010 Missouri Blvd.
P. 0. Box 1368
Jefferson City, Missouri 65101
314/751-3252
4. COMMERCIAL FEED AND FERTILIZER
All commercial feed must be registered with the Department of Agricul-
ture; its Director may, however, exempt certain types of feed (if unmixed
and deemed to be non-adulterated) from the registration requirement (266.160,
266.165). Fertilizers are very broadly defined to include any substance
containing an element used for promoting plant growth (266.291). It is unlaw-
ful to offer for sale, sell or use any fertilizer without obtaining a permit
from the Department of Agriculture (266.301). Soil conditioners, which are
defined to be any substance added to the soil other than a fertilizer, may
not be sold if they might be injurious to the soil (266.361).
5. AGRICULTURE
Garbage, which is defined to include "every refuse accumulation of ani-
mal matter," may not be fed to swine unless it is treated by boiling (266.
420). A permit is required from the Department for feeding garbage (266.430).
The sale or purchase of garbage-fed swine is prohibited (266.440). The state
veterinarian may promulgate and enforce sanitary rules and regulations in
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livestock yards, pens or vehicles (277.100). Commercial feeders must operate
their premises under a constant state of quarantine and may not have breeder
animals on the premises (267.472). Surface drainage to adjacent premises
must be controlled (267.472). A feeder must obtain a permit from the Depart-
ment before he may buy non-bred female cattle (267.472). The state veteri-
narian may discontinue the practice of licensing quarantined commercial feed-
lots if their existence conflicts with other disease eradication requirements
(267.470). Both the State Board of Health and local governments may inspect
and regulate dairies (196.944). It is unlawful to operate a dairy operation
in an unclean manner (196.585).
6. NUISANCE
Any public nuisance may be abated by court action, even though the use
is not specifically listed in the statute as being a nuisance (564.080). The
operation of a slaughterhouse, if it be permitted to remain unclean, is a
public nuisance and may be abated (564.030). Cities have the power to abate
nuisance by legislative action and to impose the cost of abatement on the
property owner (71.780). Cities may also inspect all living animals, within
their jurisdiction, that are intended for human food (71.730). The herding
of livestock onto levees is unlawful (245.525). Smaller cities may by ordi-
nance regulate or abate stockyards, pigpens, cow stables, dairies and the
like (77.560, 79.370).
7. SOIL AND WATER CONSERVATION DISTRICTS
The State Soil and Water Districts Commission has largely advisory
powers (278.080). Local soil and water conservation districts do not have
land use powers (278.120).
8. PLANNING AND ZONING
Counties may plan and zone (64.010). Smaller counties may, however,
only zone and plan after the voters of the county have given them that
power (64.510). There is no exemption for agricultural uses (64.850, 64.860).
All cities may zone and plan (89.020). Certain medium-size cities may zone
extraterritorially up to two miles (89.144). Certain other cities may also
be given this two-mile extraterritorial jurisdiction to zone with the
approval of the county court (89-145). In 1975 Missouri adopted a prefer-
ential tax assessment scheme for agricultural use (137.017-.026). Land used
for agricultural purposes for the preceding 5 years may be assessed at agri-
cultural use value (137.017). There is no penalty if the land use shifts to
non-agricultural, except for the future loss of the preferential assessment
(187.021).
Missouri was authorized to administer the NPDES on October 30, 1974.
The CWC is the administering agency.
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MONTANA
Key to Legal Citation
Mont. Rev. Codes Ann. §
(§ )
(69-4802)
1. WATER
The Department of Health and Environmental Sciences (DHES), Water Qual-
ity Bureau is the agency responsible for implementing the state's water pollu-
tion control program (69-4802). Agricultural wastes would appear to fall
under both the definition of sewage and that of other wastes (69-4802).
Montana regulated feedlot runoff prior to the NPDES program through a state
permit system; with the advent of the NPDES system, the Department established
the cutoff point for permits at the EPA level. Under its rules and regula-
tions, small animal confinement facilities, meaning those that are not re-
quired to obtain an NPDES permit by EPA regulation, still must obtain a
state permit if they are point sources [Rule 16-2.14(10), (2)]. All opera-
tors of confined livestock feeding facilities which might discharge waste-
water or manure to a state water must apply to the DHES for a permit. Small
operators are required to submit construction plans and specifications.
The guidelines for control of wastes from existing confined animal feed-
ing operations are not rules of law but are rather suggested ways of getting
approval under the state permit system. The state has a basic policy of non-
degradation so that even though a discharge might not cause a violation of
the water quality standards it would'still be the policy to require the best
practical treatment for removal of BOD. Reasonable measures must be taken
to remove suspended sediment from the effluent as well. If surface runoff is
not contained on property under the control of the feedlot operator, a reten-
tion structure with capacity to hold the 10-year 24-hour storm is suggested.
Separate requirements for partial or total confinement operations are also
suggested. Requirements are also placed on the water pollution aspects of
locating and operating a new or expanded animal confinement facility. Seal-
ing of lagoons in permeable soils is recommended. The guidelines suggest
investigation of local zoning regulations as well as of the Montana Flood
Plain Act. Locations should not encroach on possible recreational, residen-
tial or urban areas. All state lakes must be free of objectionable sludge
deposits and of objectionable odor or color from agricultural practices. A
permit form for confined animal feeding operations has been developed.
ADDRESS: Department of Health & Environmental Sciences
Water Quality Bureau
Capitol Station
Helena, Montana 59601
406/449-2406
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2. SOLID WASTE
The DHES, Solid Waste Management Bureau is the agency responsible for
implementing the state's solid waste management program (69-4002) Refuse is
so defined as to include all putrescible wastes (69-4002). Dumping of wastes
in an unlicensed area is prohibited (69-4003). Dumping of wastes on one's
own property is allowed, provided that nuisance conditions are not created
(69-4008). The guidelines for both existing and new feedlots also deal with
the problem of solid waste disposal, Feedlot surfaces should be sloped to
avoid accumulation of surface water and must be cleaned as frequently as
necessary to maintain reasonable standards of sanitation. Lagoons must be
so constructed as to provide a reasonable means for removal of the solids.
Manure removed from the feedlot must be disposed of on agricultural land
where it will not be returned to a stream. Wastes should not be spread upon
frozen soils unless there is no possibility of runoff from the area. If
manure removal is infeasible, the manure must be stockpiled on the premises
and any runoff must be contained. Waste disposal areas must be licensed and
be located on land under proper conservation treatment. The disposal area
should be twice the drainage area of the feedlot. Groundwater pollution
should be avoided. For new operations, a waste disposal permit must be
obtained after the operator has submitted his plans and specifications for
review by the Department. The general solid waste regulations classify manure
as a class II waste, allowing disposal at a class I or II waste disposal site.
All sites must utilize practices that control flies, insects and rodents.
ADDRESS: Department of Health & Environmental Sciences
Solid Waste Management Bureau
1400 Eleventh Ave., Suite A
Helena, Montana 59601
406/449-2821
3. AIR
The DHES, Air Quality Bureau regulates the state's air pollution control
program (69-3906). There is also a Board of Health and Environmental Sciences
(BHES) which acts as a rule-making body (69-3909). The Air Pollution Advisory
Council advises both the DHES and BHES on any matter relating to air pollu-
tion (69-3908). The definitions of air contaminant and air pollution speci-
fically include odorous substances (69-3909.1). The guidelines for new feed-
lots specifically recommend that potential odor problems be considered in
site selection. As a rule of thumb, feedlots should be located at least two
miles from residences and 5-6 miles from municipalities. Odor control
through minimizing the handling of the manure and by keeping it dry is recom-
mended. Land application should be accomplished when atmospheric conditions
are best suited for minimal air pollution effects. The regulations prohibit
the emission of odors which would create a public nuisance beyond one s
property line. Odor producing materials should be stored and handled so as
not to create a public nuisance. There are no fugitive dust regulations.
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ADDRESS: Department of Health & Environmental Sciences
Air Quality Bureau
Cogswell Building
Helena, Montana 59601
406/449-3454
4. COMMERCIAL FEED AND FERTILIZER
The Department of Agriculture regulates the sale and use of commercial
feeds and fertilizers (3-107). Permits are required for the distribution
of commercial feeds; these are defined broadly (3-2025-6). Adulterated
feeds, defined to include any deleterious substance which may render them
injurious to health, may not be distributed (3-2030). Fertilizer material
which includes any kind of processed animal wastes or by-products is also
regulated by the Department of Agriculture (3-1714.2). The act regulates
manipulated manures which have undergone some type of processing, including
drying or grinding (3-1714.2). All fertilizers and soil amendments, except
unmanipulated animal manures, must be registered and the distributor must
obtain a license before they may be sold (3-1715.1).
5. AGRICULTURE
The Department of Livestock is given broad powers to administer laws
dealing with dairies, livestock dealers, livestock protection and the feeding
of garbage to animals (82A-1301.1). The Department has general supervisory
powers over the sanitary conditions of livestock in the state (46-208). It
also has power to promulgate sanitary rules for the poultry industry within
the state (46-209). In addition, the Department regulates the feeding of
garbage to swine and other animals. No person may feed garbage to swine with-
out a license from the Department unless the individual feeds garbage to his
own swine for household purposes (46-2602). Garbage is defined to include
putrescible animal wastes (46-2601). The DHES licenses all dairies (46-232).
The Department of Agriculture has the right of entry to inspect dairies for
sanitary conditions (3-24-114). The Department also has a licensing procedure
for livestock dealers; these are defined so as not to include farmers and
ranchers who buy or sell livestock in the ordinary course of farming or
ranching (46-2901).
6. NUISANCE
The DHES is given general responsibility to control nuisance (69-4110).
It may also delegate that authority to local boards of health (69-4509).
Polluting of water is specifically mentioned as a prohibited act (69-4905).
Cities and towns also have nuisance abatement authority (11-935). Nuisance
is broadly defined by statute (57-101). In one case, a chicken raising
business was held not to be a public nuisance. A nuisance may be publicly
or privately abated (93-6101, 94-8-107).
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7. SOIL AND WATER CONSERVATION
The Department of Natural Resources and Conservation (DNRC) is the state
agency that oversees the local districts' activities (76-105). Local conser-
vation districts may adopt land use regulations upon popular vote of the
electorate (76-109). Local districts may sue to enforce the validly-adopted
land use regulations (76-110). The DNRC also administers the Natural Stream-
bed and Land Preservation Act, designed to protect streams and adjacent
lands (26-1511 et seq.).
8. LAND USE
Cities and towns have the authority to plan and zone within a 3-mile
radius of their boundaries (11-2702). The guidelines for new feedlot opera-
tions specifically call to the attention of the operator the existence of
local zoning ordinances to protect the feedlot operator from having a problem
with nearby residences. Enabling authority exists for the creation of
combined city-county planning boards (11-3824). A master plan developed by a
joint board should include land use, land utilization and conservation
elements dealing with water, soils and agricultural activities (11-3831).
County zoning is also authorized (16-4701). In addition, joint city and
county zoning is allowed (11-3830). However, no county zoning regulation
may prevent the complete use, development or recovery of any agricultural
resources by the landowner (16-4710). Montana provides for the assessment
of agricultural lands at use value for agricultural purposes (84-401). The
definition of agricultural uses would not seem to include the feedlot opera-
tion (84-4372). Upon retirement of the land from agricultural purposes, a
"roll back" tax is levied to reimburse the taxing authority for the preferen-
tial assessment.
Montana was authorized to administer the NPDES on June 10, 1974. The
DHES is the administrative agency.
NEBRASKA
Key to Legal Citation
Neb. Rev. Stat. §
(§ )
(81-1503)
1. WATER
The Department of Environmental Control (DEC) is the agency responsible
for implementing the state's water pollution control Pro9^m.v8!:l503).
There is, in addition, an Environmental Control Council (ECC) with advisory
powers; it includes among its 16 members one representative from the agricul-
tural processing industry and one from the livestock ™df p.^'1^)-
Within the DEC there is an Agricultural Pollution Control Division (APCD)
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primarily responsible for all aspects of feedlot control. The ECC is the
rule-making body within the DEC and as such has been specifically authorized
to adopt livestock waste control regulations considering all aspects of the
livestock waste problem (81-1505). The ECC has, since 1972, adopted a
rather complete set of regulations to deal with the livestock waste problem.
Any new or modified feedlot must obtain a construction permit if it would
create a nuisance, violate Nebraska Water Quality Standards, discharge into
the waters of the state or otherwise violate the Nebraska Environmental Pro-
tection Act (Rule 2). Where there is a discharge, an NPDES permit is
required in addition to the state construction permit (Rule 3). State per-
mits are issued for housed units if they can provide storage capacity to
retain all process wastewater for at least 120 days (Rule 16). Open lots
must control water runoff from the 10-year 24-hour storm (Rule 15). No con-
struction or operating permit may be issued if the facility is not in compli-
ance with the local zoning ordinance (Rule 13). No livestock waste control
facility may be located within 100 feet of any well used for domestic pur-
poses, within 1,000 feet of any well used for a municipal water supply or in
any area where it will contaminate groundwater (Rule 18). In addition, the
regulations detail minimum standards for operating management of feedlots
(Rule 20). If a feedlot meets the construction and operating standards, it is
prima facie evidence that a nuisance does not exist (Rule 23). On-site in-
spection may be made upon the request of the feedlot operator to ascertain
the need for a permit. Facility design must meet minimum state standards
and plans must be submitted for prior approval to the DEC (Rule 7). Any oper-
ator may take advantage of the presumption against a finding of a nuisance
provided under Rule 23 by obtaining a permit to operate even if not required
to do so (Rule 10). The DEC\cooperates with the Bureau of Dairies and Foods
of the Department of Agriculture in appraising dairy waste control facilities
(Rule 12). All waste control facilities must be so operated as to prevent
water and land pollution (Rule 20). Foreign surface drainage shall be divert-
ed and collected. Wastes should be disposed of at a rate guaranteeing the
maintenance of the required minimum storage capacity. All waste solids must
be stored in a manner that will not contribute to pollution (Rule 20). Dis-
posal areas should be selected where the potential for surface or ground water
pollution is minimal (Rule 20). An informal Nebraska Feedlot Pollution Con-
trol Advisory Committee was established in 1967 to help feedlot operators
and government regulators develop a practical and effective livestock waste
management program. The DEC and the Nebraska Extension Service have developed
feedlot design guidelines for controlling wastes. Recommended answers to
the waste management problem include debris basins and holding ponds, sewage
retention structures, diversion mechanisms, grassed waterways and buffer
strips, disposal lagoons, holding tanks and pits, oxidation ditches and sep-
tic tanks. Financial assistance for construction of livestock waste control
facilities is available from the SCS under the Great Plains Conservation
Program for the western 61 counties of the state. In addition, 5 of the 24
Natural Resource Districts (NRD's) also have cost-sharing programs for live-
stock operations.
ADDRESS: Department of Environmental Control
Agricultural Pollution Control Division
B9X 94377
Lincoln, Nebraska 68509
402/471-2186
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2. SOLID WASTE
The DEC, Solid Waste Pollution Control Division is the agency responsible
for implementing the state's solid waste management program through its au-
thority to control land pollution (81-1504). The DEC and the ECC may require
a permit prior to the installation or operation of any activity that might
result in land pollution; this includes the placement of refuse, garbage and
rubbish in such quantities as to be harmful to the public health, safety or
welfare (81-1502). All solid waste disposal areas must be approved by the
Director of the DEC, but only after either county or city zoning approval has
been given (81-1518). Even with state regulations, cities and counties may
require their own systems for regulating solid waste disposal problems (81-
1516). The DEC recommends the incorporation in soil of slurry manure to
reduce nutrient loss, prevent possible runoff and eliminate odors. A rate of
10 tons/acre is a rule of thumb guideline for the annual application rate.
A maximum of 25 tons/acre is suggested because of potential salt and nitrate
buildup. Liquid manure may be applied to cropland by sprinkler or by gravity
irrigation. Recommended application rates vary from 6 to 12 inches per
growing season, depending on crop and soil involved. Care should be taken
to select sites so as to avoid groundwater pollution. The ECC has promulgated
general solid waste regulations which do not exempt agricultural operations.
Licenses are required before solid wastes may be placed at a disposal site.
ADDRESS: Department of Environmental Control
Solid Waste Pollution Control Division
Box 94877
Lincoln, Nebraska 68509
402/471-2186
3. AIR
The DEC, Air Pollution Control Division and the ECC have regulatory au-
thority over the air pollution control program. Although the definition of
air pollution is broad enough to include odors, air contaminant is defined
to include dust or gas but not odor (81-1502). The ECC requires the operator
to drain waste runoff to a holding pond as soon as possible to insure that
the lot surface remains aerobic. Where solids are separated from the liquid,
adequate time for settling must be provided before draining the runoff water
to a holding pond (Rule 20). The Extension Service recommends good manage-
ment practices for manure and moisture to minimize feedlot-created odors.
Reasonable measures are required of feedlot operators to prevent fugitive
dust emissions in such quantities as to remain visible in the ambient air
beyond the property line.
ADDRESS: Department of Environmental Control
Air Pollution Control Division
Box 94877
Lincoln, Nebraska 68509
402/471-2186
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4. COMMERCIAL FEED AND FERTILIZER
The Department of Agriculture requires the registration of all ferti-
lizers and soil conditioners before manufacturing or sale, but excludes un-
manipulated animal and vegetable manures from the definitions of fertilizer
and soil conditioner (81-2162.02). Commercial feeds, also regulated by the
Agriculture Department, must be registered before distribution (54-820.01).
5. AGRICULTURE
Any operator of a drylot cattle-feeding operation within the confines
of a permanently fenced lot must register with the Nebraska Brand Committee
for purposes of preventing fraud and theft (54-161). In addition, all live-
stock dealers, so defined as not to include the farmer or rancher, must
obtain licenses from the Department prior to engaging in business (54-1704).
The State Veterinarian is given authority to inspect livestock dealers'
premises for disease control purposes (54-1705). The Department is given
general responsibility for seeing that livestock and stockyards are properly
cared for (81-201). The State Veterinarian is empowered to adopt rules and
regulations dealing with poultry flocks and hatcheries (2-3005). It is un-
lawful to feed garbage to swine without boiling it for at least 30 minutes
(54-753.02). A license is required from the Department of Agriculture for
the commercial feeding of garbage (54-753.03). An individual feeding his
garbage to his own swine used for household purposes is exempt from the regu-
lations (54-753.02). Feedlots which feed garbage must be maintained in a
clean and sanitary condition and the animals must be fed on concrete or
other impervious material (54-753.06). The Bureau of Dairies regulates the
dairy feeding operation (81-229). The Bureau requires the submission of
plans and specifications for waste management facilities for all new dairies.
All cowyards must be graded or drained and shall have no standing pools of
water or accumulation of manure (81-263.53). Manure packs must be properly
drained and swine must be kept out of cowyards (81-263.53). Liquid waste
must be disposed of in a sanitary manner (81-263.53). The milking barn must
be kept clean and manure must be removed daily. No other animals shall be
permitted in the milking barn (81-263.95). The milking yard must be drained
to prevent forming of water pools and must be kept clean (81-263.96).
6. NUISANCE
The general definition of nuisance includes trades which cause offensive
smells or render unwholesome or impure any watercourse, stream or other
water (28-1016). All counties, cities, towns and villages have a primary
responsibility to abate nuisance (18-1720). It is unlawful to erect a dam
or other obstruction so as to produce stagnant waters which are injurious to
the public health (28-1012). It is also unlawful to place any filthy sub-
stance into a well, spring or stream used for domestic purposes (28-1013).
Nebraska courts have had numerous cases alleging that the operation of a
feedlot constituted either a public or private nuisance. In 1976, the
Nebraska Supreme Court reversed a trial court's dismissal of a nuisance action
against a feedlot operator and established some general rules for this type
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of litigation.
7. NATURAL RESOURCE DISTRICTS
Nebraska has divided the state into Natural Resource Districts (NRD's)
supplanting the myriad of special districts previously called soil and water
conservation districts, watershed conservancy districts, etc. (2-3201). There
is an umbrella state Natural Resources Commission (NRC) which has certain
supervisory powers over the NRD's (3-2104). The purposes of the NRD's are
to develop programs in erosion prevention and control, soil conservation,
solid waste and sanitary drainage problems, pollution control, etc. (2-3229).
The NRD's are given specific authority to provide technical and other
assistance in rural areas to abate the lowering of water quality caused by
effluent from feedlots or runoff from cropland (2-3241). As noted earlier,
about 5 of the 24 NRD's now have cost-sharing programs for feedlot pollution
control facilities. The NRD's have the land use powers of the soil and water
conservation districts they absorbed, but because of the extensive city and
county zoning laws, these powers have not been utilized (3-3244).
8. LAND USE
Nebraska has a comprehensive system of planning and zoning dominated by
the Governor's Office of Planning and Programming (84-133). The Governor
has the duty of preparing general land use plans and policies that will
govern agricultural development in the state (84-136). Counties with large
cities must develop comprehensive plans prior to zoning (84-151). If a new
city is incorporated in a county having an existing zoning map, the county's
land use plan will remain applicable until the city becomes a city of the
first class (84-154). Counties have general zoning powers (23-174.01).
Counties have the authority to enact both zoning and sanitary regulations
dealing with the removal of nuisance, which may include, by specific mention,
commercial feedlots, barns and dairies (23-174.10). Cities also have the
power to plan and zone (18-902-3). Cities of the second class (population
less than 5,000) and villages have extra-territorial zoning powers but do
not have the authority to regulate agricultural lands (17-405.01). A local
board of health may regulate within its boundaries all hogpens, cattle pens
and stockyards (17-121). Cities of the first class also have extra-territo-
rial zoning power (2 miles) but, again, may not interfere with agricultural
activities (16-901). Cities of the primary class have extra-territorial
zoning and police power to regulate all stockyards, commercial feedlots or
other places where offensive matter is kept within a radius of 3 miles
surrounding the city (15-237).
Nebraska was given the authority to administer the NPDES on June 12,
1974. The DEC is the administering agency.
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NEVADA
Key to Legal Citation
Nev. Rev. Stat. §
(§ )
(445.146)
1. WATER
The State Environmental Commission (SEC), and the Department of Conser-
vation and Natural Resources (DCNR), Division of Environmental Protection are
the agencies for implementing the state's water pollution control program
(445.146, 445.456). The SEC is the rule-making agency; the DCNR is the per-
mit-issuing agency (445.451, 445.473). Pollutant is so defined as to include
agricultural wastes discharged into water (445.178). The regulations speci-
fically include wastes from feedlots in the definition of sewage which trig-
gers the requirement of obtaining a waste discharge permit. The primary
system of regulation is the requirement of a permit for all discharges into
the waters of the state (445.221). The SEC is the final authority in the
administration of water pollution abatement and control (445.344). No other
state agency or municipality may permit discharges in excess of those allowed
by the SEC (445.344). The SEC requires permits for all size feedlots if
there is a potential discharge. It is a misdemeanor to pollute the water so
as to injure fish (503.430). No slaughterhouse operation may injure or
obstruct the natural flow of any water body. Farmers who are injured due to
violations of this slaughterhouse regulation may sue to recover damages (535.
100). Except for livestock running at large upon the range, it is unlawful
to herd or graze livestock on lands within one mile of a municipal water sup-
ply (568.330). It is also unlawful to herd or graze livestock within one
mile of a home or ranch house (568.340).
ADDRESS: Department of Conservation and Natural Resources
Division of Environmental Protection
201 South Fall Street
Carson City, Nevada 89710
702/885-4670
State Environmental Commission
201 South Fall Street
Carson City, Nevada 89710
702/885-4670
2. SOLID WASTE
Prior to 1975 the State Board of Health, Bureau of Environmental Health
was the agency responsible for implementing the state's solid waste manage-
ment program (439.120, 439.200). In 1975 the SEC was given authority to
develop a statewide solid waste management system (444.570). The program is
administered by the DCNR (444.560, 444.570). The DCNR licenses all municipal
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solid waste management systems (444.570). The definition of solid wastes
does not specifically include agricultural wastes (444.490). None of the
requirements of the statutory scheme apply to agricultural activities (444
620). An exemption is given from the planning requirements for solid waste
management systems used in an agricultural operation (444.620). It is unlaw
ful to place garbage, offal or other offensive matter in public places (444.
630).
ADDRESS: Department of Conservation and Natural Resources
Division of Environmental Protection
201 South Fall Street
Carson City, Nevada 89710
702/885-4670
3. AIR
The SEC and the DCNR are also responsible for the air pollution control
program (445.421). Air contaminant is so defined as to include any substance
except water discharged into the atmosphere (445.411). The basic regulatory
system is a permit system (445.473). Local air pollution control programs
may be established (445.546). Odor is so defined in the regulations as to
include a characteristic of an air contaminant which makes it perceptible to
the sense of smell (Reg. 1.43). Agricultural land use is exempted from the
registration certificate and operating permit requirement for sources of air
contaminants (Reg. 3.1.8). The odor regulation provides that the SEC shall
investigate an odor when 30% or more of a sample of people exposed to it
believe it to be objectionable. The source is in violation if two measure-
ments taken 15 minutes apart but within one hour, are such that the odor is
still detectable after dilution with 8 or more volumes of odor-free air (Reg.
10.1). No person shall permit the handling, transporting, or storing of any
material which allows controllable particulate matter to become airborne.
ADDRESS: Department of Conservation and Natural Resources
Division of Environmental Protection
201 South Fall Street
Carson City, Nevada 89710
702/885-4670
4. COMMERCIAL FEED AND FERTILIZER
All feeds used for livestock must be labelled correctly; there is, how-
ever, no registration requirement (587.680). The Executive Director of the
Department of Agriculture may exempt from the labelling requirements all feed
that is not mixed with other ingredients (587.670). Fertilizer is defined to
exclude manures (588.050). Manure is defined to include animal or fowl ex-
creta when not artificially mixed with any material except those used for bed-
ding, sanitary or feeding purposes (588.090). All fertilizers must be regis-
tered (588.170).
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5. DEPARTMENT OF AGRICULTURE
All dairies must be licensed by the Health Division of the Department of
Human Resources (DHR) (584.180). Dairy facilities may be inspected by the
DHR for sanitation purposes (584.190). There is a State Board of Sheep Commis-
sioners with rule-making authority over the sheep industry (562.250). There
is a special livestock tax payable into the state livestock inspection fund
(571.035). The yards, pens and premises at public livestock sales or auctions
must be regularly cleaned and disinfected (573.140). If the livestock be
held on the premises for over 10 hours, then facilities for feeding and water-
ing must be provided (573.140). No person may conduct a livestock auction
without a state license (473.020). There is also a licensing requirement for
livestock brokers (576.020); this requirement is not applicable to a farmer
or rancher purchasing or receiving livestock for feeding on his premises and
not for immediate resale (576.140). All slaughterhouses must be kept in a
sanitary condition (583.455).
6. NUISANCE
Private actions for nuisance abatement and damages are specifically
allowed by statute (40.140). Private citizens may also sue to enforce the
environmental statutes of the state (41.540). Public nuisance is broadly
defined and includes the befouling of public waters (202.450). The State
Board of Health division of the DHR has the authority to regulate and prevent
nuisance (439.200). Local boards of health also have nuisance abatement
authority (439.360). Counties may enact sanitary ordinances not in conflict
with state laws (244.357).^ Counties must hold public hearings when a nuisance
complaint is filed in the county clerk's office (244.360). County boards and
city councils may also regulate air pollution, including odor problems (244.
361, 268.410). City councils may regulate nuisance and provide that the
abatement costs be recaptured from the nuisance owner (266.335).
7. SOIL AND WATER CONSERVATION
The State Conservation Commission oversees and advises local conserva-
tion districts (548.175). Local districts, after an election, may exercise
land use regulations (548.410). The SEC may assist the local districts in
formulating a comprehensive plan (548.430).
8. LAND USE
Cities may plan and enter into regional planning arrangements (268.110).
The regional planning agency for Lake Tahoe has supreme planning authority
(268.098). Cities may also zone (266.376, 268.240). Counties and cities
have the general power to regulate land improvements and location of land
uses (278.020). No exemption is made for agricultural uses. There is a
statewide planning effort designed to regulate in areas of critical environ-
mental concern or where large-scale development is involved (321.660, 321.690).
In 1975 Nevada adopted a preferential assessment system for open-space land.
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Feedlots would specifically fall under the definition of agricultural land
Assessment is to be at use value only. A partial recapture of the saved
property tax for a maximum period of 7 years is imposed upon sale or change of
use.
Nevada was authorized to administer the NPDES on September 20, 1975 The
DCNR, Division of Environmental Protection is the administering agency.
NEW HAMPSHIRE
Key to Legal Citation
N.H. Rev. Stat. Ann. §
(§ ) ~~
(149:2)
1. WATER
The Water Supply and Pollution Control Commission (WSPCC) is the agency
responsible for implementing the state's water pollution program (149:2). The
statute defines wastes broadly but makes no specific mention of agricultural
wastes (149:1). The WSPCC has promulgated no regulations dealing with feed-
lots. There may be no discharge, however, without a state permit (149:8).
Any person who contaminates the waters of the state is liable to the state for
damages caused to fish or other aquatic life and wildlife (211:75). The pol-
lution of waters used for domestic supply is a misdemeanor (148:1). Local
boards of health may remove pollutants and charge the expense to the person
who polluted (148:2). Willful pollution of domestic drinking water supplies
is also a misdemeanor (148:3).
ADDRESS: Water Supply and Pollution Control Commission
105 London Road
Prescott Park
Concord, New Hampshire 03301
603/271-3503
2. SOLID WASTE
The WSPCC and the Department of Health and Welfare (DHW) are jointly
responsible for implementing the solid waste program (149E:2). Any person
building a waste disposal system must obtain a permit from the WSPCC (149E:3).
Towns and cities are authorized to enter into regional cooperation agreements
to dispose of solid waste (147:43). The placement of refuse on the land of
another without his permission is a violation (249:27b). Both private and
public disposal sites must be licensed by the DHW (147:25). This includes
sites for the disposal of manure (147:24). Plans and specifications must be
submitted to the DHW for approval (147:25). An exemption is granted, however,
to individuals hauling or storing animal or poultry manure for use as a ferti-
lizer (147:30d). General regulations limit the land application of waste
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water to lands having a slope of 2% or less. The maximum recommended loading
rate is 2 inches/acre-week.
ADDRESS: Water Supply and Pollution Control Commission
105 London Road
Prescott Park
Concord, New Hampshire 03301
603/271-3503
Department of Health and Welfare
Division of Public Health
61 S. Spring Street
Concord, New Hampshire 03301
603 /271-2526
3. AIR
The DHW, Air Pollution Control Agency (APCA) is responsible for implement-
ing the state's air pollution control program (125:80). Air contaminant is so
defined as to specifically include odors (125:79). Wastes may not be burned
without a permit (125:92). There are no odor or fugitive dust regulations.
ADDRESS: Department of Health and Welfare
Air Pollution Control Agency
State Laboratory Building
Hazen Drive
Concord, New Hampshire 03301
603/271-2281
4. COMMERCIAL FEED AND FERTILIZER
All feeds, except those exempted by the Commissioner of Agriculture, must
be registered with the Department of Agriculture (441A:4). Fertilizer is
defined to exclude unmanipulated animal manures (439:3). All fertilizers must
be registered (439:4).
5. DEPARTMENT OF AGRICULTURE
All livestock dealers must be licensed (324:2). Dealers are defined so
as not to include the typical feedlot operation (324:1). There is even a
specific exemption for farmers who do not go from place to place buying or
selling cattle or for a farmer who holds an auction sale in the regular opera-
tion of his farm business (324:8). Dairies must be kept in a sanitary condi-
tion subject to inspection by the Department (184:62). No person may feed
garbage to swine without securing a permit unless he feeds only his own swine
and uses them on the premises (144:2). All garbage must be boiled before
being fed to swine (144:5).
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6. NUISANCE
The DHW has overall state responsibility for public health and sanitation
(125:9). City health officers may make regulations preventing and abating
nuisance (147:1). No pigsty or pen may be erected in such a place or under
such conditions that, in the judgement of the local health officer, it would
be a nuisance (147:10). The leaving of offensive matter anywhere but in a
public dumping facility is also a nuisance (147:13). A person may not operate
a slaughterhouse without the written permission of the local health officers
(147:15). City and town councils may regulate nuisance, including the loca-
tion and construction of slaughterhouses, stables, barns and other unwholesome
buildings or places (47:17).
7. SOIL AND WATER CONSERVATION
Although the Commissioner of Agriculture administers the federal soil and
water conservation effort for the state, there is no state agency dealing with
soil and water conservation problems (430A:2). Cities or towns may create
conservation commissions with certain land use powers to control open space
and other land and water areas (36A:4).
8. LAND USE
Cities, towns and villages have the authority to plan (36:2). Cities and
towns may also jointly agree to create regional planning for such uses as
agriculture and forestry (36:45). Cities may create interim zoning ordinances
in which all land is deemed to be residential or agricultural use only (36C:
2). Agricultural uses are farming, dairying, and animal or poultry husbandry.
Animal or poultry slaughtering is not allowed in these zones (36C:3). The
raising of animals or poultry for commercial purposes is allowed only with
permission of the local board (36C:3). An applicant must meet the following
standards: a minimum lot size of 8 acres, a frontage of 500 feet, and building
setbacks of 100 feet from the nearest right of way and 200 feet from the
property line. A public hearing must be held to discuss the use and the
measures taken to avoid unsanitary conditions and odor problems (36C:3). Per-
manent zoning is also authorized (31:60). There is no agricultural exemption
contained in the rules for permanent zoning. New Hampshire has a preferential
taxing scheme for farmland (79A:1). Agricultural land is assessed solely at
its value for agricultural uses (79A:5). Upon sale of such land for non-agri-
cultural purposes, a land use charge tax of 10% of the fair market value of
the land is levied (79A:7).
New Hampshire has not been authorized to administer the National Pollu-
tant Discharge Elimination System.
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NEW JERSEY
Key to Legal Citation
N.J. Stat. Ann. § (West)
(§_J
(13:10-7)
1. WATER
The Department of Environmental Protection (DEP), through its Division of
Environmental Quality and Clean Water Council, administers the water pollution
control program (13:10-7). The DEP is given a very broad statutory grant of
power to make and enforce rules and regulations dealing with the pollution of
waters by sewage, industrial waste waters or other harmful and deleterious
matter (58:12-3). Neither the statutes nor the regulations give any defini-
tions for these terms. The DEP has not enacted any regulations which concern
the feedlot operation specifically. There is a general prohibition against
the pollution of any potable water supply by excremental matter, slaughter-
house refuse, garbage or other material (58:10-1). There is a similar pro-
hibition against the pollution by sewage or excremental matter of any "fresh
water" supply in the state (58:10-5). It is unlawful to discharge offal or
any other offensive matter into the Passaic River above Patterson (58:10-36).
No person may erect a privy, slaughterhouse or other structure where drainage
might or will tend to pollute the Passaic River (58:10-37). It is also
illegal to place or deposit any hazardous substance that can find its way into
any of the fresh or tidal waters of the state (23:5-28). The pollution of
waters used by a state fish hatchery is also prohibited (23:8-5). No one may
maintain a pigsty, hogpen, feedlot or other enclosure from which the drainage
might find its way into waters used by a state fish hatchery. The fine for
such pollution is $500 for the first offense (23:8-5). State aid is available
to both municipal and county environmental commissions and to soil conserva-
tion districts for water pollution projects or other environmental purposes
(13:lH-3).
ADDRESS: Department of Environmental Protection
Division of Water Resources
P. 0. Box 2809
Trenton, New Jersey 08625
609/292-4091
2. SOLID WASTE
The DEP, in conjunction with an Advisory Council on Solid Waste Manage-
ment, is responsible for implementing the state's solid waste management
program (13:lE-3). Solid waste is defined to include agricultural wastes with
the exception of animal and vegetable wastes collected by swine producers
who are licensed by the Department of Agriculture to collect, prepare and
feed such wastes to swine on their own farms (13:lE-3). All persons engaged
in solid waste disposal must prepare registration statements before they may
engage in the collection or disposal of solid waste (13:lE-5). This would
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seem to be geared to the municipal waste disposal problem rather than to the
feedlot problem. The regulations provide that the disposal of solid waste
must be through sanitary landfills, incinerators, or other processes approved
by the DEP. There are no exemptions for agricultural waste operations. The
Secretary of Agriculture is an ex officio member of the Advisory Council,
which is basically a study and research body (13:lE-8). All counties are
deemed to be solid waste management districts and, consequently, must prepare
solid waste management plans (13:lE-23). New Jersey bars the disposal of
waste, including agricultural waste, upon its land if the waste was collected
or originated outside the state, with an exception being made for garbage
that is fed to swine (13:lL-4). (Note: This statute was challenged in the
courts and the US Supreme Court recently remanded to the New Jersey Supreme
Court without declaring the validity or invalidity of the exclusion.)
ADDRESS: Department of Environmental Protection
Solid Waste Administration
P. 0. Box 1390
Trenton, New Jersey 08625
609/292-9120
3. AIR
The DEP, in conjunction with the Clean Air Council, is responsible for
implementing the air pollution control program (13:10-7, 26:2C-8, 25:2C-3.3).
While the definitions of air pollution and air contaminant do not refer to
odors, odor was deemed to be an air contaminant within the purview of the
definition of air pollution in a court opinion [Department of Health v. Owens-
Corning Fiberglas Corp., 242 A.2d 21, aff'd 250 A.2d 11 (1968)]. The DEP
has overall authority to enforce its own rules and regulations dealing with
air pollution. It has deferred its rule-making authority over agricultural
operations to the Department of Agriculture. There are no odor or fugitive
dust regulations except in the context of incinerator emission standards.
ADDRESS: Department of Environmental Protection
Bureau of Air Pollution Control
P. 0. Box 2807
Trenton, New Jersey 08625
609/292-6704
4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds must be registered with the Department of Agricul-
ture through the offices of the State Chemist (4:4-20.4). Commercial feeds
are broadly defined, but the State Board of Agriculture may exempt any sub-
stance which is not adulterated from the registration and labelling require-
ments (4:4-20.3). Commercial fertilizers are so defined as to exclude
unmanipulated animal manures (4:9-15.3). Soil conditioners are also defined
to exclude unmanipulated animal manures (4:9-15.3). All fertilizer or son
conditioner manufacturers must obtain licenses from the State Board ot
Agriculture (4:9-15.5).
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5. AGRICULTURE
The Department of Agriculture has assumed responsibility for regulating
the confined animal feedlot operation. A Council of Agricultural Advisors for
Guidelines for Livestock Waste in New Jersey, in conjunction with the New
Jersey Agricultural Experiment Station, the Soil Conservation Service and the
Department, recently completed a report which details recommended control
techniques for various types of feedlot operations. The report deals with
both the producer of the waste and the user of the waste. General guidelines
include the need for a conservation plan and an agricultural waste management
plan. Location of the facility and the problem of insect control are given
primary attention. For feedlots and waste storage areas, windbreaks are
recommended to minimize odors. The guidelines suggest some seventeen differ-
ent types of activities that feedlot operators may choose from in order to
minimize the threat of pollution. The wastes may be applied to the soil sur-
face or may be plowed, disced or injected into the soil. For land applica-
tion, the guidelines suggest a study of such factors as soil type, type of
vegetative cover, and slope. Buffer strips of perennial grass are recommended
for areas between a disposal site and any water body. Specific guidelines
for the producer and the user, broken down by type of animal and facility
used, are suggested. In addition, estimated costs of the various methods
used to control pollution and references to good waste management practices
are given. The Farmers Home Administration and ASCS are suggested as sources
of loans and grants to purchase and operate the necessary facilities.
Before garbage may be fed to swine, it must be heated for a length of
time sufficient to kill all pathogenic organisms (4:5-106.1). All individuals
who feed garbage to swine must be licensed by the Department, which has
authority to enact rules and regulations governing the swine feeding opera-
tion (4:5-106.3). An exemption from the licensing requirement is made for
the farmer who uses his own household garbage to feed his own swine for use
on his own farm (4:5-106.4). All licensees must have a minimum floor space
of five square feet/animal for hogs up to 100 pounds, 7 1/2 square feet/
animal for hogs from 100-150 pounds and 9 square feet/animal for hogs over
150 pounds (Reg. 2:2-4.3). All shelters must be drained satisfactorily and
no pools of stagnant water may be allowed to exist (Reg. 2:2-4.4). Feeding
platforms must be cleaned before each feeding (Reg. 2:2-4.20). Solid wastes
from garbage feeding operations must be removed and disposed of by burial in
landfills, land application on a daily basis, composting or cesspools (Reg.
2:2-4.21). Liquid wastes must not be permitted to pollute receiving water
or become a nuisance (Reg. 2:2-4.22). Vector control must be exercised (Reg.
2:2-4.24). All receiving points for poultry must be kept in a sanitary con-
dition (4:5-96). All cattle dealers and brokers must obtain licenses from the
Department (4:11-3). The license requirement is not applied to a person who
ships cattle exclusively for slaughter, or who purchases cattle for the sole
purpose of increasing or improving his or her flock (4:11-2). This would not
seem to exclude the feedlot operation. While poultry brokers and dealers
are also regulated by the Department of Weights and Measures, there is an
exemption for poultry raisers, which would include the farmer (4:11-35). The
State Department of Health and local boards of health may enact regulations
that deal with the construction of dairy farms and waste disposal at dairy
farms (24:10-57.20). The general sanitary condition of a dairy farm must be
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such as to insure a safe supply of milk (24:10-57.21).
ADDRESS: Department of Agriculture
John Fitch Plaza
Trenton, New Jersey 08625
609/292-3976
6. NUISANCE
Any building or place where the law (including the sanitary code) is
violated is considered to be a nuisance (2A:130-2). A nuisance may be abated
immediately (2A:130-4). Cities of the 4th class have the power to abate a
nuisance and charge the cost to the owner (40:173-8). Local boards of
health may enact ordinances protecting the public water supply, regulating
the accumulation of offal, and controlling the dumping of garbage (26:3-31).
Local boards may also define nuisance (26:3-45), and order abatement (26:3-
46). No person or corporation may knowingly allow the accumulation of filth
which is hazardous to health (26:3B-7). No person may deposit, store or
accumulate decomposable animal matter or slaughterhouse refuse in such a
manner.that the polluting matter can gain access to any body of water (26:38-
4). Cities may regulate or prohibit the keeping of cattle, goats or swine
in any part of the municipality (40:48-1).
7. SOIL AND WATER CONSERVATION
Within the Department of Agriculture there is a State Soil Conservation
Committee (4:24-2.1). It has largely advisory and educational functions (4:
24-6). Local districts may be created by petition and referendum (4:24-9).
They may formulate land use regulations without requiring voter approval
(4:24-23). Objections by the owners of over 25% of the acreage in the dis-
trict will negate the proposed regulations (4:24-23). The State Committee
must also review the regulations (4:24-23). There is also a soil erosion
and sediment control program operated by the State Soil Conservation Committee
(4:24-42). All projects that disturb more than 5.000 square feet of land may
be regulated.
(
8. LAND USE
Both cities and counties are given broad grants of authority to zone
and plan (40:550-62). There are no exceptions for agricultural uses. The
DEP may adopt land use regulations dealing with the alteration or pollution
of coastal wetlands (13:9A-2). New Jersey gives preferential tax treatment
for land deemed to be in agricultural use, including feedlot operations (54:
4-23.3). There is a penalty for change of use of land that has been prefer-
entially assessed through a rollback tax covering the past two tax years (54:
4-23.8).
New Jersey has not been authorized to administer the National Pollutant
Discharge Elimination System.
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NEW MEXICO
Key to Legal Citation
N.M. Stat. Ann. §
(§ )
(75-39-3)
1. WATER
The Environmental Improvement Agency (EIA) and the Water Quality Control
Commission (WQCC) are jointly responsible for implementing the state's water
pollution control program (75-39-3). The WQCC has the rule-making authority
(75-39-4). The EIA is the permitting agency (75-39-4.1). Agricultural wastes
fall under the general definition of wastes (75-39-2). Feedlot disposal
systems would also fall under the definitions of sewerage systems and treat-
ment works (75-39-2). The WQCC has promulgated several regulations of general
applicability which deal with feedlots and it has recently adopted a ground-
water pollution regulatory program also affecting feedlot operations. Any
new discharger of water contaminants must file a notice of discharge with the
EIA (Reg. 1-201). Most feedlot operations qualify as sewerage systems,
triggering the requirement of filing plans and specifications with the EIA
(Reg. 1-202). Under the revised regulations, all dischargers not required
to get an NPDES permit must meet the following effluent standards: BOD 30
mg/1, COD 125 mg/1, settleable solids 0.5 mg/1, fecal coliform bacteria 500
organisms/100 ml and pH 6.6-8.6 (Reg. 2-100-101). There is a prohibition
against the disposing of refuse in a natural watercourse (Reg. 2-201). The
groundwater pollution regulation creates groundwater standards which must not
be violated (2-402-3). Every discharger must file a discharge plan with the
EIA (2-404). None of the exemptions would apply to feedlot operators except
for the locational exemption (2-405). A discharge plan must ensure compliance
with the groundwater standards (2-406). If a plan cannot ensure compliance,
a permit may still be granted if, after weighing the economic and social
impacts, the EIA determines that it would be in the best interests of the
state to approve the plan (2-411).
ADDRESS: Environmental Improvement Agency
Water Quality Division
P. 0. Box 2348
Santa Fe, New Mexico 87503
505/827-5271
2. SOLID WASTES
Within the EIA, there is a rule-making body designated as the Environ-
mental Improvement Board (EIB) (12-12-5). Its primary purpose is to enact
regulations and standards which are subsequently enforced by the EIA. The
authority of the EIB encompasses the control of solid and liquid wastes and
refuse disposal (12-12-11). The EIB has not adopted any regulations appli-
cable to the agricultural waste disposal problem. The EIA operates only on
a case-by-case basis using its general nuisance abatement authority (12-12-11).
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ADDRESS: Environmental Improvement Agency
Solid Waste Management Section
P. 0. Box 2348
Santa Fe, New Mexico 87503
505/827-2693
3. AIR
The EIA and the EIB are also jointly responsible for implementing the
state's air pollution control program (12-12-4, 12-14-3). The definitions
of air contaminant and air pollutant do not specifically include odors (12-
14-2). The EIB has not enacted any odor or fugitive dust regulations.
ADDRESS: Environmental Improvement Agency
Air Quality Division
P. 0. Box 2348
Santa Fe, New Mexico 87503
505/827-2813
4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds must be registered with New Mexico State University
prior to distribution in the state (47-22-4). The Department of Agriculture
and New Mexico State University regulate commercial fertilizers (45-13-12).
Fertilizer material is defined to include any commercial fertilizer which
is derived from animal residues or by-products (45-12-12). All commercial
fertilizers and soil conditioners, which are defined to exclude unmanipulated
animal manures, must be registered before distribution (45-13-13, 45-13-14).
5. AGRICULTURE
The Department of Agriculture and New Mexico State University are respon-
sible for inspecting and licensing the dairy facilities in the state (52-1-
13). The Livestock Board (LB) inherited the powers of the Cattle and Sheep
Sanitary Boards. It has the authority to regulate the general livestock
industry in order to protect the public from diseased or unwholesome meat
(47-23-6). The LB conducts sanitary inspections of livestock producers (47-
2-18). The primary responsibility seems to be the surveillance of diseased
animals rather than waste disposal (47-3-5). There are statutes that call
for sanitary stockyards at both market centers and railroad yards (47-7-8-9).
The Sanitary Board cooperates with the EIA in the inspection of feedlots.
Its primary responsibility, however, is to prevent animal diseases. It does
become involved with feedlots where nuisance complaints are filed. Garbage
may not be fed to swine unless the operation has received a permit from the
LB (47-7-24). Garbage must be boiled for at least 30 minutes before being
fed (47-7-25). Sheep control is also under the aegis of the LB.
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6. NUISANCE
\
The Department of Health and Social Services has primary responsibility
to abate nuisances (12-34-3). Pollution of the state's water and the unlawful
disposal of refuse, which is broadly defined, are made public nuisances (40A-
8-2-4). Municipalities may by ordinance define and abate any nuisance (14-
17-14).
7. SOIL AND WATER CONSERVATION
The State Soil and Water Conservation Committee has largely advisory
powers over local soil conservation districts (45-5-47). Local districts
do not have land use authority (45-5-59). They do have taxing authority of
up to one mill per dollar of assessed valuation (45-5-61).
8. LAND USE
Both counties and cities are given the authority to zone and plan (14-20-
1). Cities are given the authority to zone in unincorporated areas (14-20-
2.1). Special zoning districts may be created outside cities and these may
enact zoning ordinances (14-20-16). There is no agricultural exemption from
either county or city zoning ordinances. Land used primarily for agricultural
purposes may be assessed at its agricultural use value (72-29-9). There is
no penalty if the land use is changed.
New Mexico has not been authorized to administer the National Pollutant
Discharge Elimination System.
NEW YORK
Key to Legal Citation
N.Y. [Subject] Law § (McKinney)
(Subject Law § )
(Environmental Conservation Law 1-0301)
1. WATER
The Department of Environmental Conservation (DEC), Division of Pure
Waters is responsible for implementing the state's water pollution control
program (Environmental Conservation Law 1-0301, 3-0301). The Commissioner
of the DEC has rule-making authority (ECL 3-0301). There is an advisory
State Environmental Board which has 16 members, including the Commissioner
of Agriculture and Markets and one public representative from the agricultural
sector (ECL 5-0101). The definition of sewage would include animal wastes
(ECL 17-0105). Pollutant is specifically defined to include agricultural
wastes discharged into the water (ECL 17-0105). A state permit is required
for any point source or for the modification of waste discharge through an
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existing outlet or point source (ECL 17-0505, 17-0507). State permits are
required for the discharge of any sewage into the waters of the state (ECL
17-0701). The DEC has developed, jointly with its Council of Agricultural
Advisors, a document entitled "Guidelines for Environmentally Sound Manage-
ment of Animals and Animal Production Farms." Farm siting and planning for
new or expanding facilities are considered to be of paramount importance in
minimizing pollution problems. Proper site selection includes such consider-
ations as the provision of sufficient acreage for land application of the
animal wastes generated at the facility and the analysis of soil types. The
guidelines provide recommended management techniques for manure handling
and general sanitation for various types of confinement facilities. These
recommendations are given by animal types, i.e., cattle, horses, chickens,
turkeys, ducks and swine. All feedlots which discharge into the waters must
meet the effluent limitations contained in Part 700 of the regulations deal-
ing with water quality standards for receiving streams. These include both
surface and groundwater standards. Under Part 652 the regulations require
that, prior to the construction or operation of any water pollution abatement
facility, a report and/or plans must be submitted to the DEC. The Guidelines
provide that the regional offices of the DEC will handle most of the agricul-
tural projects under Part 652. Liquid waste, including discharge from feed-
lots, and sewage discharges must be monitored under Part 652. Until New York
was given NPDES approval, feedlot operators were required to obtain both the
NPDES and SPDES permits. Since there are no limits placed in the statute
on the size of feedlots, it would seem that all feedlots regardless of size,
if they have discharge, would be required to obtain SPDES permits (Part 750-
757).
There are some general prohibitions against water pollution as well. No
garbage or refuse may be dumped or permitted to run into the waters of any
marine district (ECL 13-0345). Sewage or any other substance injurious to
edible fish or shelfish or which creates an objectionable odor or sanitary
condition, is not allowed in any marine district or waters of Long Island
(ECL 17-0503). No deleterious substance shall be allowed to run into any
waters, whether public or private, where it may be injurious to fish or wild-
life (ECL 11-0503). No person may place sewage or other matter injurious to
fish where it can find its way into water used by a state fish hatchery (ECL
11-0503). No person shall erect or maintain a pigsty or poultry enclosure
where the drainage or refuse will find its way into a state fish hatchery
(ECL 11-0503). Any such use is deemed to be a public nuisance and may be
summarily abated. It is illegal to deposit refuse or other matter into the
waters of any canal system (Canal Law 82). There is also a set of regula-
tions filed pursuant to a Stream Protection statute, which prohibits the
change or modification of any material from the bed or banks of any stream
for which the DEC has established a certain water quality standard. There
is an exception for farm ponds of less than 10 acres holding less than 1.5
million gallons. Most farm operators would not come under the stream protec-
tion regulations, although the Guidelines do warn that certain improvements
might require permits. No sewage, other noxious solid or liquid matter, or
effluent may be discharged into either Lake George or Skaneateles Lake (ECL
17-1709). Enforcement is delegated to the local board of health (ECL 17-
1709). The DEC may also adopt regulations to protect from contamination any
public supply of potable water in the state (Public Health 1100).
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ADDRESS: Department of Environmental Conservation
Division of Pure Waters
50 Wolf Road
Albany, New York T2233
518/457-6674
2. SOLID WASTE
The DEC, Division of Solid Waste Management is also responsible for
implementing the statewide solid waste management program (ECL 3-0301). It
may provide and recommend methods for the disposal of solid waste (ECL 3-0301).
The Division of Solid Waste Management within the DEC has not promulgated any
regulations dealing with the solid waste problems of confined animal feedlot
operations. The DEC may approve all new solid waste management facilities,
which are broadly defined and might include the feedlot operation (ECL 27-
0501, 17-0507). The Guidelines make extensive recommendations on the land
disposal of manure and other alternative strategies for its disposal. These
would include dehydration, composting or the use of oxidation ditches for pro-
cessing swine and poultry manure. Soil injection is also recommended as an
effective means of land spreading under certain conditions. There are also
recommendations for the temporary handling and storage of manure, especially
in dairy and poultry facilities. Liquid manure storage techniques are dis-
cussed at length. Four alternative methods for disposal of dead animals are
recommended, including a rendering plant, sanitary landfill, on-site disposal
and incineration. The cleaning and ventilation of various types of feedlot
facilities, including recommended manure handling and management techniques,
are discussed for various types of livestock and poultry. The Guidelines
recommend that residual wastes that are not disposed of by any of the recom-
mended techniques be contracted out to private or public disposal systems for
placement in a sanitary landfill. Under Part 260 of the regulations, all new
refuse disposal areas must be approved by a health officer. Thus, if a farmer
is planning to use a new area for land disposal, the Guidelines recommend that
he contact the county extension agent or a DEC field office.
ADDRESS: Department of Environmental Conservation
Division of Solid Waste Management
50 Wolf Road
Albany, New York 12233
518/457-6605
3. AIR
The DEC, Division of Air Resources is the agency responsible for imple-
menting the state air pollution abatement program (ECL 3-0301). Air contami-
nant is defined to include dust and odor (ECL 19-0107). The Guidelines
suggest that sources of air contaminants such as ventilating systems in build-
ings used to house animals, manure storage systems, manure dehydration systems,
fields where manure is spread and incinerators of dead animals would all be
required to obtain permits under the statute (ECL 19-0107). In the regula-
tions there is no exemption for any of these agriculturally-related operations
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from the permit requirement (Part 201). Under Part 211, no person shall allow
air pollution as defined by the statute. This could include agricultural
sources. Manure dehydrating systems come under Part 212, which requires a
permit to construct, and a certificate to operate, an exhaust or ventilation
system. Part 219 would limit particle and smoke emissions from incinerators
used for dead animals. The DEC has a list of acceptable incinerator models
which should be utilized. A permit to construct, and a certificate to operate,
are also required. Qualified air pollution control facilities are exempt from
real property tax to the extent of the increase in the value of the operation.
There are no odor-related regulations except those concerning the operation of
incinerators; there are no fugitive dust regulations.
ADDRESS: Department of Environmental Conservation
Division of Air Resources
50 Wolf Road
Albany, New York 12233
518/457-7231
4. COMMERCIAL FEED AND FERTILIZER
No person may manufacture or distribute commercial feed in the state with-
out registering with the Commissioner of Agriculture and Markets (Agriculture
& Markets 129). The Commissioner may exempt from the definition of commercial
feed such compounds as are not adulterated within the meaning of the statute
(Ag & M 128). All commercial feeds except customer-formula feeds must be
properly labeled (Ag & M 146). Commercial fertilizers are so defined as to
exclude unmanipulated animal manures (Ag & M 143).
5. AGRICULTURE
It is the public policy of the state to eliminate the feeding of gar-
bage to cattle, swine or poultry. No person shall feed garbage, unless it has
been cooked at 212 degrees Fahrenheit for a period of 30 minutes, to swine
(Ag & M 72-a). All persons who feed cooked garbage to swine or other live-
stock must obtain permits from the Commissioner. The Commissioner also regu-
lates dairies and dairy barns. No person shall keep a dairy cow in an
unhealthful or unsanitary surrounding (Ag & M 47). All dairy barns must be
kept in a sanitary condition (Ag & M 47). The Commissioner has not promul-
gated any regulations dealing with dairy sanitation. The Commissioner also
has the authority to enforce rules regulating the sanitary conditions of
stables and livestock auction buildings (Ag & M 75). All persons engaged in
the slaughterhouse business must be licensed by the state (Ag & M 96-b). This
does not include any farmer who butchers his own animals or fowl for personal
use (Ag & M 96-c).
6. NUISANCE
The Commissioner of Public Health, on the state level, is possessed with
all the powers necessary to investigate and abate nuisance (Public Health
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1300). Putting noisome or unwholesome substances on or near a highway is a
nuisance (Pub Heal 1300-a). Local boards of health also have the authority
to investigate and abate nuisance (Pub Heal 1303). Abatement expenses are to
be borne by the owner or occupant of the premises (Pub Heal 1306). The manu-
facturing of fertilizer or rendering of fat is prohibited in any city in the
state or within three miles of any city. An exception is made for the render-
ing of freshly killed cattle or swine and for certain counties (Pub Heal 1335).
Cities have general nuisance abatement powers, including the ability to
license certain businesses (General City 20). Towns may regulate unnecessary
emissions of smoke or noxious gas and may regulate the keeping of livestock
(Town 130). They may also regulate the location of slaughterhouses and
rendering works or other noisome buildings or places (Town 130).
7. SOIL AND WATER CONSERVATION
There is a statewide Soil and Water Conservation Committee which is
established in the State College of Agriculture (SCO 4). Its authority is
primarily advisory in nature (SCO 4). Local soil conservation districts have
the power to develop comprehensive plans and to carry out preventive and
control measures within the district (SCO 9). They do not have land use
authority. A recent amendment to the law requires every owner of agricultural
land to apply by January 1, 1978 to the local district for a soil and water
conservation plan. By January 1, 1980, the districts must have provided that
plan; it must be reviewed at least once every five years. These plans must
attempt to prescribe agricultural practices that will minimize pollution,
erosion and sedimentation loss. Concentrated animal operations are included
if the animal density is greater than two animal units/acre or if the farm is
likely to contribute to the degradation of surface water or groundwater.
8. LAND USE
The state has authorized the creation of agricultural districts on the
county level in response to the petition of any owner of agricultural land,
which is defined to include a feedlot operation (Ag & M 303). Land within
these districts is to be valued solely for agricultural purposes. Any land
that is placed in such a district must be at least 10 acres in area (Ag & M
305), or be. covered by..an.agreement .tQ:.keep the land .^..agricultural use for
8. years (Ag.&.M:3Q6). A rollback tax covering .the taxes payable on.the fair
market value assessment for the previous five years is collected by the state
upon a change in use (Ag & M 305). Cities and villages are given general
powers to zone and plan (Gen Mun 236). Towns are also given general authority
to zone and plan (Town 261). County and regional planning is also authorized
(Gen Mun 239-b). There are no exceptions made for agricultural uses.
New York was authorized to administer the NPDES on October 28, 1975. The
DEC is the administering agency.
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NORTH CAROLINA
Key to Legal Citation
N-C. Gen. Stat. Ann. §
(§ ) ~
(143B-278)
1. WATER
The Department of Natural Resources and Community Development (DNRCD),
Water Quality Section is responsible for implementing the state's water
pollution control program (143B-278, 143-2153). Within the DNRCD an Environ-
mental Management Commission (EMC) is given extensive rule-making authority
(143B-282). There is also an advisory Water Quality Council (WQC) which con-
tains representatives from the agricultural sector (143B-321). The EMC con-
sists of a group of designated individuals, including one engineer, one
individual experienced in agriculture and one associated with the groundwater
problem, among others (143B-283). The DNRCD issues both the NPDES permits
and state permits for dischargers who affect water quality by virtue of their
discharges (143-215.1). Sewage, industrial waste and other wastes are all
defined as wastes for the purposes of requiring a permit for discharges, and
for the operation of disposal systems and treatment works (143-213, 215). The
EMC has promulgated regulations which deal specifically with feedlots (Reg.
.0122). In addition, the regulations require feedlots which do not require
an NPDES permit to obtain a state permit in situations where there is a dis-
charge to state waters or urban runoff can occur from the feedlot that coQld
cause a violation of a water quality standard. The decision on permit
requirement is made on a case-by-case basis after an on-site inspection by
Department personnel (Reg. .0123). The procedure calls for a permit appli-
cation to be filed after an administrative determination, utilizing accepted
modeling systems, that a discharge or runoff will occur (Reg. .0123). Dis-
charges that occur only in the event of the 25-year, 24-hour storm will not
trigger the permit requirement. In making its determination as to the need
for a state feedlot permit, the DNRCD must consider the size of the operation,
the amount of waste generated, the location of the feedlot relative to surface
waters, the means of conveyance of the waste, the degree of slope, the nature
of vegetation, the extent of rainfall, the frequency of potential discharges
and other relevant factors (Reg. .0123). Written notice of the decision to
require a permit must be given to the operator. The operator is given an
opportunity to modify his management practices to avoid the permit require-
ment (Reg. .0123). Several tests, including soil evaluation and measurement
of other topographic characteristics, must be run before the DNRCD may
require a state permit (Reg. .0123). Prior to December 1976, the effective
date of these regulations, feedlot operators were exempt from the state per-
mit requirements for disposal systems and treatment works if they were oper-
ating in accordance with Commissioner of Health Service regulations for solid
waste disposal units (Reg. .0217). DNRCD permittees have extensive safety,
sanitary and testing requirements imposed upon them for water quality in any
receiving waters (Reg. .0508).
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ADDRESS: Department of Natural Resources
and Community Development
Division of Environmental Management
Water Quality Section
P. 0. Box 27687
Raleigh, North Carolina 27611
919/829-4740
2. SOLID WASTE
The Department of Human Resources (DHR), through its Solid Water Unit,
is responsible for implementing the state's solid waste disposal system
(130-166.17). Solid wastes are defined to include agricultural wastes (130-
166.16). All solid waste that accumulates on the operator's premises must
be stored in a sanitary manner. All solid waste must be disposed of by a
process approved by the DHR. All disposal processes must be nuisance-free.
North Carolina also allows the creation of sanitary districts after a voter
referendum (130-124). Although their powers are quite broad (130-128), it
appears that they are primarily involved in municipal waste disposal problems,
including sanitary landfill operations (130-128).
ADDRESS: Department of Human Resources
Solid Waste Unit
P. 0. Box 2091
Raleigh, North Carolina 27602
919/772-2178
3. AIR
The DNRCD and the EMC are also responsible for implementing the state's
air pollution program (143-215.106, 143-215.3). Air contaminant is so
defined as to include dust, but odor is not specifically mentioned (143-
213). The regulatory system is basically a permitting operation (143-215.
108). The EMC has promulgated regulations dealing with odorous emissions.
Although one part of the regulation states that the regulation applies to
all sources of odorous emissions, the other section deals only with con-
trolling odorous emissions from a plant engaged in the processing of animal
matter. There are no fugitive dust regulations. The EMC has the power to
transfer to counties or cities responsibility for local air pollution control
programs (143-215.112).
ADDRESS: Department of Natural Resources
and Community Development
Division of Environmental Management
Air Quality Section
P. 0. Box 27687
Raleigh, North Carolina 27611
919/733-5188
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4. COMMERCIAL FEED AND FERTILIZER
The Agriculture Department is given authority to require the registra-
tion of all commercial feeds (106-284.34). No feed may be adulterated (106-
284.38). The Board of Agriculture is authorized to enact regulations deal-
ing with biological residues in animals or animal feeds (106-459.81). It
regulates articles of food which include matter fed to animals (106-121),
Fertilizers are also regulated by the Board, with fertilizer material being
so defined as to exclude unmanipulated animal manures (106-50.3). Manipu-
lated manures are defined to include any kind of manure that has been pro-
cessed in any manner, including drying. With manipulated manures, minimum
percentages of nutrients must be guaranteed (106-50.3).
5. AGRICULTURE
The Commissioner of Agriculture is authorized to grant permits before
garbage may be fed to hogs (106-405.2). Where garbage is fed, the feeding
platforms must be kept in a sanitary condition to prevent rat and fly infest-
ation (106-405.5). No permit may be issued if local regulations prohibit
the feeding of garbage to swine (106-405.2). All garbage must be boiled for
at least 30 minutes prior to feeding (106-405.6). The Milk Commission regu-
lates the operation of dairies (106-266.8).
6. NUISANCE
Local boards of health are given the primary responsibility for abating
nuisance (130-20). Cities may also abate any nuisance both within city
limits and up to one mile outside of the city (1605-193). It is unlawful to
place refuse or waste materials upon the lands of another without his con-
sent (14-134.1). It is unlawful to pollute the natural flow of water into
any fish hatchery (113-265).
7. SOIL AND WATER CONSERVATION
The State Soil and Water Conservation Commission is vested with overall
supervision of local soil and water conservation districts (139-4). Soil
and water conservation districts may be created and may exercise land use
powers after a voter referendum (139-9). North Carolina has an extensive
sedimentation control program operated by the DNRCD and local soil and
water conservation districts (113A-51). However, agricultural operations,
including poultry raising, dairies and livestock raising are excluded from
the operation of the law (113A-52).
8. LAND USE
The state regulates development in the coastal area, but development is
so defined as to exclude agricultural operations (113A-103). An Advisory
Committee on Land Policy made up of farmers and agribusiness personnel,
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among others, advises the Governor on state land use policy in general (113A-
154). Sanitary districts may zone and plan after they have received voter
approval. Counties may zone, but agricultural uses are specifically exempted
from the zoning power (153A-340). Cities may zone up to one mile beyond
their boundaries (160A-360). There is no exemption for agricultural opera-
tions in city zoning (160A-381). Agricultural lands may be assessed at
present use value for property tax purposes (105-277.4). For land preferen-
tially assessed there is a deferred tax payment required after a change of
use (105-277.6).
North Carolina was authorized to administer the NPDES on October 19,
1975. The DNRCD is the administering agency.
NORTH DAKOTA
Key to Legal Citation
N.D. Cont. Code §
(§ )
(61-28-04)
1. WATER
The State Department of Health (DOH), Division of Water Supply and
Pollution Control is responsible for implementing the state's water pollu-
tion control program (61-28-04). Within the DOH there is an Environmental
Health and Engineering Services Section that deals directly with the problem.
There is, in addition, a State Water Pollution Control Board made up of ten
persons, of whom three must represent agricultural interests, that approves
and recommends DOH rules and regulations on water pollution (61-28-04). Agri-
cultural pollution falls under the statutory definition of wastes (61-28-02).
This triggers the requirement of permits for all treatment works and disposal
systems (61-28-04). North Dakota has a specific regulatory scheme dealing
with feedlot water pollution problems. All feedlots containing more than
200 animal units, all feedlots located on a flood plain with 100 animal units
or more, and all operations where the distance to the nearest water is less
than 2 feet per animal unit must seek permits. In addition, any feedlot
must obtain a permit if it is likely to cause water pollution (R 61-28-03).
All permittees must insure that no discharge will occur; if present opera-
tions do not so insure, the Department will require a plan for prevention of
pollution that it must approve before a construction or operating permit
will be granted (R-61-28-04). The feedlot operator has 120 days in which to
comply with the no-discharge requirement (R 61-28-04). The guidelines that
accompany the regulations suggest several sources of financial and technical
aid which the operator can utilize in preparing a valid disposal plan. The
SCS provides specifications for runoff control systems, holding pits and dis-
posal lagoons. The guidelines also describe several drainage systems which
can be utilized in order to minimize potential water pollution problems.
Minimum runoff control facilities for unroofed feedlots must be capable of
retaining runoff from the 10-year 24-hour storm. The DOH recommends the use
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of a settling or solids removal channel, basin or pond to precede the main
holding basin. The bottom and sides of the storage system must be of rela-
tively impervious material. Seepage pits are usually not acceptable. The
DOH suggests returning the solids and retained runoff to the land.
ADDRESS: Department of Health
Division of Water Supply and Pollution Control
1200 Missouri Blvd.
Bismarck, North Dakota 58501
701/224-2348
2. SOLID WASTE
The Department of Health, Division of Solid Waste Management is autho-
rized to enforce the Solid Waste Management and Land Protection Act (23-29-
04). Any political subdivision of the state may enact and enforce a solid
waste management ordinance if the ordinance is at least as stringent as the
state statute (23-24-05). Agricultural waste problems are specifically
mentioned in the legislative findings as requiring a solution, but the over-
all statutory scheme for permits and inspections appears to be oriented to
the municipal solid waste disposal problem (23-29-01 et seq). There are no
regulations specifically applicable to the feedlot operator. General regu-
lations require solid wastes to be stored and disposed of in a manner that
does not create a nuisance.
ADDRESS: Department of Health
Division of Solid Waste Management
1200 Missouri Blvd.
Bismarck, North Dakota 58501
701/224-2354
3. AIR
The Department of Health, Division of Environmental Engineering is
responsible for implementing the air pollution abatement program (23-25-03).
There is, in addition, a State Air Pollution Control Agency which is an ad-
visory council; there is no requirement of agricultural representation on
it (23-25-02). By a recent amendment to the law, air contaminants are
defined to include odorous substances (23-25-01). The basic regulatory
scheme is a permit system with the right of on-site inspection (23-25-05).
The regulations prohibit the emission of any air contaminant that may cause
a public nuisance. No person may allow the emission of fugitive dust so as
to cause a public nuisance or violate the ambient air quality standards
without taking reasonable precautions. This restriction applies to agricul-
tural practices. Odor regulations were being drafted for review in September
1977. Pending regulation, the DOH uses informal and formal hearings to
prevent odor problems on a case-by-case basis.
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ADDRESS: Department of Health
Division of Environmental Engineering
1200 Missouri Blvd.
Bismarck, North Dakota 58501
701/224-2374
4. COMMERCIAL FEED AND FERTILIZER
Both the feed and fertilizer laws are enforced by the State Laboratories
Department (19-13.1-01, 19-20.1-01). All feeds or feed ingredients must be
registered with the Department prior to distribution (19-13.1-03). The
definition of commercial fertilizer excludes unmanipulated animal and vege-
table manures (19-20.1-02).
5. AGRICULTURE
The State Livestock Sanitary Board regulates the feeding of garbage to
swine (36-01-23). Garbage is defined to include animal waste matter and
animal carcasses (36-01-21). All persons who feed garbage to swine must
obtain permits (36-01-22). All garbage must be boiled and the feeding areas
must be kept in a reasonably sanitary condition (36-01-26). All feedlots
must be registered with the Board (36-01-30). In addition, all livestock
dealers must be licensed by the Department of Agriculture (35-04-04). All
stockyards operated by railroads and all livestock auction markets must be
kept in a sanitary condition (36-20-01, 36-05-07). The Dairy Commissioner
is responsible for regulating and licensing.all dairy farm operations (4-
30-33). The DOH refers dairy operations to the Dairy Commissioner for ap-
proval of the disposal system.
6. NUISANCE
Both city and county boards of health have the authority to inquire into
any nuisance and to seek abatement if, in fact, a nuisance is found (23-05-
01, 23-05-04). Nuisance is broadly defined by statute (42-01-01).
7. SOIL CONSERVATION
There is a State Soil Conservation Committee with general advisory
powers over local Soil Conservation Districts (SCO's) (4-22-03). SCO's
are formed after popular referendum, and may carry out preventive measures
and develop comprehensive plans including land use controls, when voted on
affirmatively by a majority of the residents in the SCO (4-22-26).
8. LAND USE
Counties are given the express authority to zone and plan, with no
exclusion being made for agricultural uses (11-33-01). Cities have authority
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to zone and plan within their jurisdictions as well (40-48-18) All farm
structures and improvements located on agricultural lands are totally exempt
from the real property tax (57-02-08). Agricultural land within a munici-
pality is valued as agricultural land, on the same basis as agricultural
land outside the city boundaries (57-02-27).
North Dakota was authorized to administer the NPDES on July 8, 1975
The Department of Health is the administering agency.
OHIO
Key to Legal Citation
Ohio Rev. Code Ann. § (Page)
(3745701)
1. WATER
The Ohio Environmental Protection Agency (OEPA) is responsible for
implementing the state's water pollution control program (3745.01). Agri-
cultural pollutants are not specifically mentioned in the statutes and
might fall under the definition of either sewage or other wastes (6111.01).
There are no regulations specifically applicable to feedlots, but there is
a detailed "Livestock Management Guide" (LMG) that is utilized to advise
operators as to minimum requirements both as to runoff and to solid waste
disposal problems. All feedlots regardless of size are regulated. A
feedlot of less than 300 animal units must either be SCS-designed or go
through an OEPA site inspection and plan approval (6111.44). For the 300-
1000 unit feedlot there must be a site inspection and a permit to install for
a new facility, or a plan approval for an existing facility (6111.45). For
the 1000+ feedlot, a site inspection, permit to install and NDPES permit are
required (6111.03). There is a general statutory prohibition against any
discharges which cause pollution, except where a valid permit has been
issued (6111.04). The permitting requirement is not imposed on the spreading
of any materials on the land for agricultural purposes, on the runoff from
such materials, or on the excrement of farm animals deposited on land, except
as required by the US EPA (6111.04). The LMG recommends various management
systems for the different types of feedlot operations. These systems cover
such diverse problem areas as collection, storage, transport, treatment and
utilization. The LMG discusses the economic problems of the feedlot operator,
giving estimated capital and operating costs for various types of handling
systems. The LMG also suggests site location policies for aerobic lagoons
and anaerobic lagoons. Aerobic lagoons should be 300 feet, and anaerobic
lagoons should be 1000 feet from a property line. Land application of
manure is recommended as the primary means of disposal becuase of its low
costs and high benefits. The LMG recommends individual manure application
plans for each unit, with consideration being given to such factors as the
characteristics of the manure (i.e., nitrogen content), number of animal
units, land available for application, types of crops and rotation system,
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topography of application area and time of year (minimal winter application)
Nitrogen content is considered to be the primary control on the application
rate. Manure spread on the land surfaces should be incorporated into the
soil as soon as possible. The LMG also has recommendations on controlling
runoff from rainstorms through the use of detention and settling ponds and
grass filters.
ADDRESS: Ohio Environmental Protection Agency
P. 0. Box 1049
361 East Broad Street
Columbus, Ohio 43216
614/466-3934
2. SOLID WASTE
The solid waste management program is operated by the OEAP (3734.02).
The OEPA issues permits for all solid waste disposal sites, which would seem
to include those used for the land application of manure (3734.02). OEPA,
through the LMG and water permit requirements, has opted not to regulate
feedlots under the general solid waste statute and regulations. The State
Board of Health, as well as local boards, may regulate the disposal of
solid wastes, including agricultural wastes (3734.02). An exemption is made
for operations which use ponds and lagoons as a means of waste treatment.
ADDRESS: Ohio Environmental Protection Agency
P. 0. Box 1045
361 East Broad Street
Columbus, Ohio 43216
614/466-8934
3. AIR
The OEPA, Office of Air Pollution Control is responsible for implementing
the air pollution control program (3704.03). Air contaminants are broadly
defined to include dust and odorous substances (3704.01). The regulations
prohibit the emission of fugitive dust or odors that would constitute a
nuisance. No person may permit the handling of any materials without taking
reasonable precautions to prevent the emission of fugitive dust. Incinera-
tors burning agricultural wastes must not emit more than one pound of partic-
ulate matter per 1000 pounds of refuse charged, and may not emit objection-
able odors. The LMG recommends measures to minimize the odor problem.
Siting of the feedlots is considered to be important in this respect. The
LMG recommends the maintenance of aerobic conditions in the waste, the use
of a closed handling and disposal system and the use of commercial odor
control products.
ADDRESS: Ohio Environmental Protection Agency
P. 0. Box 1049
361 East Broad Street
Columbus, Ohio 43216
614/466-7390
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4. COMMERCIAL FEED AND FERTILIZER
All commercial feed manufacturers and distributors must be licensed by
the Department of Agriculture (923.42). There is no mention of refeeding in
the statutes. Fertilizers are also regulated by the Department of Agricul-
ture. Fertilizer is defined to exclude unmanipulated and unmixed animal
manures (905.31). Manure may not be processed in any manner and still be
considered to be unmanipulated (905.31). All fertilizer manufacturers and
distributors must be licensed (905.32).
5. AGRICULTURE
All livestock dealers and brokers must obtain licenses from the Depart-
ment of Agriculture (943.02). The definition of dealer excludes those who
buy animals for the purpose of grazing or feeding, and who intent to keep
the animals at least one month (943.01). The Commissioner of Agriculture
is directed to promote and protect the livestock industry. The Department
of Agriculture licenses persons who feed garbage to swine or poultry (942.02).
The premises used to feed garbage must be so constructed that they can be
cleaned and disinfected (942.06). All garbage must be so disposed of as to
prevent breeding of flies, attraction of rats and contamination of adjacent
property (942.09). The State Department of Health has overall regulating
authority over the sanitary conditions of dairies. Manure storage ponds
should be located at least 100 feet from the water supply. Control of flies
and rodents must be maintained. The cowyard must be graded, drained and
levelled. Wastes from the barn and milk house are not allowed to accumulate
in cowyards. Cowyards must be reasonably free from manure. Local boards
of health have the responsibility of inspecting dairies and'cow stables
within their jurisdictions for sanitary conditions (3707.36).
6. NUISANCE
City and county boards of health may abate all public nuisance (3707.01).
They may also regulate the location, construction and repair of yards, pens
and stables (3707.01). Offal and dead animals may not be disposed of upon
land or water so as to create a nuisance (3767.16). No person may dispose
of waste in state waters without an OEPA permit (3767.32). Cities may also
abate nuisance (715.40).
7. SOIL AND WATER CONSERVATION
There is an umbrella State Soil and Water Conservation Commission (SWCC)
which has certain advisory and financial powers over local districts (1515.
02). The SWCC has the responsibility of coordinating the state program
for abatement of agricultural pollution with the Director of Natural Resources
(1515.11). Under a proposed amendment, local SCO's may require the use of
recommended management and conservation practices to control erosion, wind
blown sand, sedimentation or animal waste pollution. Local districts have
the authority to enact regulations implementing soil and water conservation
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plans (1515.09). They may contract with the State Department of Natural
Resources for the implementation and funding of agricultural pollution abate-
ment measures [1515.9(c)]. The State DNR may share costs of local districts'
improvements (1515.16).
8. LAND USE
Cities may plan extra-territorially (713.02). Extra-territorial zoning
is, however, not authorized (713.06). Townships may zone as well (519.03).
Agricultural activities including dairying, animal husbandry and poultry
husbandry are specifically excluded from the scope of the township zoning
ordinance (519.21). Similarly, counties may zone, but agricultural activities
are excluded from the operation of the ordinance (303.21). Agricultural
lands may be assessed at agricultural use value rather than at market value
for property tax purposes (5713.31). If the land use be changed the owner
must pay the full amount of tax based on the fair market value of the land
(5713.55).
Ohio was authorized to administer the NPDES on March 11, 1974. The
OEPA is the administering agency.
OKLAHOMA
Key to Legal Citation
Okla. Stat. Ann. tit , § (West)
(tit , § )
(82-926.TF~
1. WATER
[Caveat - The Water Resources Board (WRB) apparently does not actively
regulate feedlot operations within the state. The statutes, however, do not
specifically exclude feedlot operations from WRB consideration, eventhough
the present administrative policy is to defer to the State Board of Agricul-
ture. For that reason a brief summary of applicable water pollution-related
statutes other than the Oklahoma Feed Yard Act is included.]
The WRB is given the statutory authority to prevent, control and abate
new and existing sources of water pollution (82-926.3). All discharges of
wastes or the construction of disposal systems must be accompanied by state
permits (82-926.4). There are also a Department of Pollution Control and a
Pollution Control Coordinating Board with regulatory responsibilities (82-
932). The Commissioner of Agriculture is a member of the Board (82-932).
The Director of the WRB is authorized to assist in the prevention of water
pollution in areas designated as "scenic river areas" (82-1457). It is a
misdemeanor to wilfully deposit excrement or foul matter in any water supply
system (1-903). The State Board of Health has the power to regulate the
construction and operation of private disposal systems (1-904). Cities are
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given the authority to condemn land surrounding municipal water supplies for
the purpose of protecting the supply from contamination or pollution (11-293).
ADDRESS: Water Resources Board
5th Floor
Jim Thorpe Building
Oklahoma City, Oklahoma 73105
405/521-3947
2. SOLID WASTE
The Department of Health (DOH) administers the Solid Waste Management
Act (63-2253). There.is also a Solid Waste Management Advisory Committee
made up of at least one agricultural representative and a member represent-
ing the Soil and Water Conservation districts (63-2254). The DOH may pre-
pare regulations, including a permit system, which will control the disposal
of solid waste (63-2258). The definition of solid wastes would include
agricultural wastes (63-2253). This section excludes regulation of disposal
on one's own land provided that no nuisance be created and that city ordi-
nances not be violated (63-2258). Any dumping of solid waste on another
person's property without his permission is illegal (63-2262). The regula-
tions require a permit for all disposal of solid wastes. No person may
operate a disposal site extending below the natural water table. Special
rules have been promulgated to deal with the disposal of highly putrescible
wastes; these include requirements of daily cover, vector and dust control,
and maintenance of soil quality.
ADDRESS: Department of Health
Northeast 10th & Stonewall Streets
Oklahoma City, Oklahoma 73105
405/271-5338
3. AIR
The DOH, Air Quality Service and an advisory Air Quality Council (AQC)
are jointly responsible for implementing the state's air pollution control
program (63-2002). The definition of air contaminants does not include odors
(63-2002). Cities and towns are not precluded from enacting ordinances
with respect to air pollution that are not in conflict with the state law,
nor from enacting ordinances dealing with public nuisance (63-2004). The
Oklahoma Clean Air Act does not authorize the DOH to limit, modify or in
any way affect the powers, duties or functions of the State Board of Agricul-
ture. The AQC has promulgated regulations to require the taking of reason-
able precautions to minimize the emission of visible fugitive dust which
would constitute a violation of the ambient air quality standards beyond one s
property line. The regulations do not apply to the clearing or preparation
of land solely for agricultural purposes.
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ADDRESS: Department of Health
Air Quality Service
Northeast 10th & Stonewall Streets
Oklahoma City, Oklahoma 73105
405/271-5220
4. COMMERCIAL FEED AND FERTILIZER
The State Board of Agriculture requires the registration of all commer-
cial feeds (2-8-43). Commercial feed is broadly defined so as to probably
include refeeding material (2-8-41). The State Board also requires the regis-
tration of all fertilizers (2-8-62). Fertilizers are defined to exclude
unmanipulated manure, which is defined to mean substances composed primarily
of excreta which have not been processed in any manner (2-8-61).
5. AGRICULTURE
The primary responsibility for the feedlot regulatory program is vested
in the State Board of Agriculture under the Oklahoma Feed Yards Act (2-9-
201 et seq). There is an advisory board made up of five feedlot operators
(2-9-204). The State Board of Agriculture is given rule-making power (9-203).
All feedyard operators must obtain licenses from the Board (2-9-205). The
Board has the power to investigate complaints about feedlots and to have
access to the premises (2-9-206). The statute requires the following general
provisions before the Board may issue the license. The feedlot must: a)
provide a reasonable method for disposal of excrement; b) provide chemical
and scientific control procedures for vector control; c) provide adequate
drainage of surface waters from feedyards, and take reasonable action to
avoid water pollution; d) provide adequate veterinary services; e) have
available for use mechanical means for scraping, cleaning and grading of the
yard surfaces, f) provide weather-resistant aprons adjacent to all permanently
affixed feed bunks, water tanks and feeding devices; and g) conduct operations
in conformity with regulations promulgated by the Board (2-9-210). The regu-
lations provide that waste discharges from feedyards, including reservoirs
and disposal areas, must be in conformity with the water quality requirements
of the appropriate river basin criteria (Reg. B). Discharges of wastewater
from ponds shall be made only for further treatment or disposal. A pond must
be capable of retaining runoff of the 24-hour, 10-year rain (Reg. B). Manure
disposal may be accomplished with several different techniques, including
land disposal, dehydration, depositing in lagoons or settling tanks, stock-
piling, moving feedlot waste to other areas for disposal or any other method
approved by the State Board (Reg. C). Stockpiled excrement must be so located
as to prevent drainage into water bodies (Reg. E). Surface water must be
directed into lagoons or diverted to fields to prevent direct drainage into
water bodies (Reg. E). Pesticides used for vector control must be registered
with the Oklahoma Department of Agriculture or with the USDA.
The State Board also has specific standards for milking barns, stables
or parlors, including the requirements that floors be constructed of concrete
or other impervious material, that barns have walls and ceiling, and that
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they must not be over-crowded (63-1-1306). Barns must be kept clean and free
of filth. Manure packs must be properly drained and must provide a reason--
ably firm footing (63-1-1306). Liquid waste must be disposed of in a sanitary
manner (63-1-1306). Inspection of the dairy industry is made through the
Dairy Division of the State Board of Agriculture (2-7-1). All livestock
dealers, as defined in the Federal Act, must keep records and be subject to
the regulation of the State Board (2-2-1753). The State Board also has
general powers over the animal industry within the state (2-2-4). Permits
are required by the Board before garbage may be fed to swine (2-6-22). The
premises where the garbage is fed must be kept in a sanitary condition free
of unused garbage and waste material. Vector control measures must be
practiced (2-6-23). All garbage must be heated to 212 degrees Fahrenheit
for 30 minutes (2-6-24). The regulations do not apply to an individual who
feeds only his household garbage to his own swine or to an institution where
the swine do not leave the premises where the feeding is done (2-7-27). There
is an exemption made for feedlot operations being owned by foreign corpora-
tions which are otherwise not allowed to operate agricultural installations
in Oklahoma (18-954).
ADDRESS: Department of Agriculture
122 State Capitol
Oklahoma City, Oklahoma 73105
405/521-3868
6. NUISANCE
No person may deposit any noxious or toxic substance in any stream, lake
or pond or in any place where such substances may be washed -into such waters.
Persons who violate the statute face a fine of not less than $100 nor more
than $500 per day for each violation (7-401). Nuisance is broadly defined
by statute to include anything that annoys, injures or endangers the comfort,
repose, health or safety of others, or which interferes with the passage of
any lake or navigable stream (50-1). Nothing which is done under the express
authority of a statute may be deemed to be a nuisance (50-4). Therefore,
a feedlot which operates under a State Board permit may not be declared to
be a nuisance if it meets the requirements of operation contained in the
regulations (50-4). All nuisance may be abated; in the case of a public
nuisance, there may be a criminal prosecution (50-8). Cities and towns have
the right to define nuisance within their corporate limits (50-16). No
slaughterhouse may be located within 1/2 mile of any tract of land that is
platted into lots and blocks or within 1/2 mile of any parcel used for, or
zoned for, residential use (50-41). Towns and villages may also abate and
define nuisance as well as direct the location of slaughterhouses (11-1028).
City councils may make regulations to prevent and remove all nuisance within
the city (11-665). County health boards, also, may abate nuisance and con-
trol sanitary conditions within the county (1-204). City health officials
have powers to order the owner of any property to remove a source of filth
or insects (63-1-1011). It is unlawful to leave any animal or poultry carcass
in any water body or within 1/4 mile of any occupied dwelling (21-1223).
Operators of slaughterhouses must keep their premises clean so as to avoid
annoying the citizens of the state (21-1225).
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7. SOIL AND WATER CONSERVATION
The Oklahoma Conservation Commission is the umbrella state agency deal-
ing with soil conservation; it has mostly advisory powers (82-1501-205).
Local districts do not possess authority to promulgate land use regulations
(82-1501-501).
8. LAND USE
Counties were recently given the power to plan and zone, but they may do
so only after a local referendum (19-865.51-52). There is, however, an
exemption made in that the rules and regulations promulgated by the County
Planning Commission under this enabling act shall not apply to the erection
of farm homes or other usual farm buildings, or to the planting of agricul-
tural crops (19-865.51). Metropolitan city-county planning and zoning is
also authorized, but there is a similar exemption for agricultural uses
(19-966.18). There is another source of zoning authority for the Board of
County Commissioners, which apparently does not exclude agricultural uses
from its regulatory powers (19-868.11). City zoning is also authorized with-
out any exemption made for agricultural uses (11-401). Oklahoma does not
have a preferential tax assessment system (68-2404).
Oklahoma has not been authorized to administer the National Pollutant
Discharge Elimination System.
OREGON v
Key to Legal Citation
Ore. Rev. Stat. §
(§ )
(468.705)
1. WATER
The Department of Environmental Quality (DEQ), Water Quality Control
Division is the agency responsible for implementing the state's water pollu-
tion control program (468.035). All dischargers into state waters must
obtain permits (468.740). Waste from animals falls under the definition of
sewage (468.700). The DEQ has promulgated extensive regulations dealing
with both the water and solid waste pollution problems of feedlots. In
seeking permits, topographic, climatological, hydrological and soil data
must be submitted along with the plans and specifications. All waste control
facilities must be so constructed and operated that manure, other wastes or
wastewater do not enter state waters. In addition to the mandatory regula-
tions, the DEQ has promulgated a set of guidelines for the design and opera-
tion of animal waste control facilities. Compliance with the guidelines will
in most cases satisfy the requirements of the regulations. Roof and other
uncontaminated surface drainage should be diverted from confinement areas
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(Reg. 51-055). Where large water use areas are exposed to heavy rainfall,
such areas should be covered to minimize wastewater volume. Flushing systems
should minimize water use and maximize wastewater reuse. Waste holding la-
goons should have sufficient capacity to contain the maximum accumulated rain-
fall for the estimated period of accumulation (Reg. 51-060). Overflow relief
structures should be available to prevent washouts. Where seasonal ground-
water levels rise above the bottom of a pond, drain tile should be laid.
Manure solids should be collected, stored and utilized in such a manner as to
prevent water pollution and minimize the production of flies and odors.
Where large accumulations of manure are stored during the winter months,
adequate disposal facilities should be provided. Liquid manure irrigation
systems should have delivery mains buried. Trucks or tank wagons conveying
manure or slurry must be watertight. If slurry is spread by truck, a plan
of uniform coverage should be established and no drainage should be allowed
when the truck is not in motion acress suitable receiving land (Reg. 51-070).
After extensive soil and topographic studies, adequate land must be provided.
The vegetative cover on disposal land should be harvested or grazed regularly
to prevent weeds. Solid manure should be spread uniformly. Manure solids
should not be used as fill material at sites where they could cause surface
or groundwater pollution. Good management practices and site location studies
should be used to avoid odor problems (51-075). All new and modified opera-
tions must submit detailed plans and specifications before they may begin
construction (Reg. 51-015). A voluntary 13-man advisory committee made up
mainly of producer representatives was formed to resolve problems on site
location and operation (Reg. 51-030). They also helped create the regula-
tions. The regulations apply to all confined feeding or holding operations
regardless of size.
Oregon's regulations on confined animal feeding or holding operations
are included in full in Appendix A of this report.
ADDRESS: Department of Environmental Quality
Water Quality Control Division
1234 S.W. Morrison Street
Portland, Oregon 97205
503/229-5696
2. SOLID WASTE
The DEQ, Solid Waste Division is responsible for implementing the solid
waste management program (459.025). Manure is specifically mentioned in
the definition of solid waste (459.005). The problem of land application
for manures is covered by the DEQ regulations and guidelines mentioned in
the previous section. Counties are also authorized to regulate solid waste
disposal. They may not enact any ordinance that is in conflict with the DEq
regulations (459.095). Counties are given the specific authority to regulate
waste disposal on private property if the situation rises to the level of a
public nuisance (459.120). However, there is an exception for agricultural
operations and the raising of fowls and livestock.
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ADDRESS: Department of Environmental Quality
Solid Waste Division
1234 S.W. Morrison Street
Portland, Oregon 97205
503/229-5696
3. AIR
The DEQ, Air Quality Division is responsible for implementing the state's
air pollution control program (468.035). Air contaminants and air pollutants
are defined to include both fugitive dust and odors (468.275). The DEQ has
promulgated regulations requiring the use of reasonable precautions to mini-
mize the emission of fugitive dust, which are applicable to feedlot opera-
tions where nuisance-type conditions arise. To date, they have not been
applied to any feedlot operation. Specific odor regulations have not been
promulgated.
ADDRESS: Department of Environmental Quality
Air Quality Division
1234 S.W. Morrison Street
Portland, Oregon 97205
503/229-5749
4. COMMERCIAL FEED AND FERTILIZER
All commercial feed that is distributed must be registered with the
Department of Agriculture (633.015). The Department has promulgated regula-
tions dealing with the use of processed animal waste (PAW), which is defined
to include dried poultry waste (DPW), dried poultry litter (DPL) and dried
ruminant waste (DRW). PAW may not contain levels of drugs, pesticides or
other toxic contaminants deemed harmful to the animals. The final moisture
content may not exceed 12%. PAW may not be fed to dairy cows or to other
animals within 15 days of slaughter. DPW is defined to include only waste
that is processed from undiluted poultry excreta collected from caged layer
flocks. DPW may not contain less than 25% crude protein, and not more than
15% crude fiber or 30% ash. DPL is a combination of excreta and litter; it
must contain at least 18% protein. DRW is bovine excreta free of extraneous
material. It must contain at least 12% crude protein, and not more than 30%
crude fiber or 20% ash. At the present time, little refeeding is occurring
because of relatively high costs. Some pelletized manure operations have,
however, been started. The Department also requires the registration of
commercial fertilizers distributed in the state (633.361). Commercial ferti-
lizers are so defined as to exclude unfortified animal manures (633.310).
5. AGRICULTURE
The feeding of garbage to swine is prohibited unless the operator obtains
a state license (600.020). The license may not be issued unless the swine
feeding operation is housed in a sanitary structure where manure and other
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refuse may not be allowed to accumulate (600.070). The operation must be so
conducted as not to create a public nuisance (600.070). No license is
required if an individual feeds his own household garbage to his own swine
(600.110). The Department of Agriculture has not played an active role in
feedlot controls, deferring to the DEQ and their regulations. It does, how-
ever, have authority to exercise general sanitary controls over livestock
within the state and also controls the poultry industry (596.010). It
does require that all feedlot operators be licensed by the Department (604.
610). It also has the power to control the minimum standards of construction
and methods of operation. It apparently uses the DEQ regulations, which it
had a role in producing, as the minimum standards. The Department licenses
and regulates dairy operations (621.161). In addition, cities may inspect
dairy operations for sanitary conditions (621.291).
6. NUISANCE
It is unlawful for any person to dispose of an offensive substance in
any water body or on land; however, a specific exception is made for the
storage and spreading of manure for agricultural purposes (164.785). Both
the State Board of Health and local boards have the authority to abate any
nuisance which constitutes a threat to the public health (431.140).
7. SOIL AND WATER CONSERVATION
The State Soil and Water Conservation Committee has overall advisory
powers (568.260). Local districts are authorized to formulate land use
regulations (568.630). Before these regulations become enforceable they must
be adopted by the district residents in an election. The regulations may
include provisions for gully control, cultural and cropping practices, and
other suitable measures (568.680).
8. LAND USE
Oregon has perhaps the most comprehensive system for local county and
statewide planning of any state. Both cities and counties have the authority
to zone and plan (203.035, 277.020). County zoning is specifically empowered
to create farm use zones, including feedlot operations (215.023). A purpose
of the zoning ordinance would be to zone an area for farm use exclusively
to preserve open space and hold down the pressure to turn farmlands into
urban development (215.243). The local ordinances may not restrict any kind
of farm use where a noisome condition, i.e., dust, air pollution, odor, noise,
etc. does not extend beyond the boundaries of the farm use zone (215.253).
This, however, does not affect either the city's or county's ability to abate
nuisance if a threat to the public health exists (215.253). The State Land
Conservation and Development Commission (LCDC) has the power to issue state
permits for activities of statewide significance (197.040). The LCDC must
also adopt statewide goals for land use, including agricultural (197.230).
Oregon has a system of preferential tax assessment for agricultural and open
space land (308.370 et seq). The preference may not be given without approval
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of local land use authorities. A ten-year rollback tax is imposed upon a
change in use.
Oregon was authorized to administer the NPDES on September 26, 1975.
The DEQ is the administering agency.
PENNSYLVANIA
Key to Legal Citation
Pa. Stat. Ann. tit , § (Purdon)
(tit_
1. WATER
The Department of Environmental Resources (DER), Bureau of Water Quality
Management is responsible for implementing the state's water pollution control
program (71-510-1). Rule-making for water pollution control is vested with
an Environmental Quality Board (EQB) (71-510-21). The EQB consists of state
officials, including the Secretary of Agriculture, and several public members
(71-180-1). The statutes basically require that all dischargers into natural
waters must obtain permits (35-691-5). The DER does not have any water
pollution program dealing specifically with the problem of water pollution
from confined animal feedlot operations. Pennsylvania has not received NPDES
authority, so it is the EPA which gives the larger operations their permits.
Since all sewage systems require permits by administrative policy, and the
definition of sewage would include animal manure, it would appear that agri-
cultural uses could be covered (35-750.1, 750.7). The DER apparently allows
the EPA or the Division of Solid Waste Management to regulate feedlot opera-
tions where discharges into state waters are involved. The DER may, by regu-
lation, require permits for activities that may cause water pollution or a
nuisance (35-691.402).
ADDRESS: Department of Environmental Resources
Bureau of Water Quality Management
Harrisburg, Pennsylvania 17120
717/787-2666
2. SOLID WASTE
The DER, Division of Solid Waste Management is responsible for imple-
menting the solid waste pollution control program (35-6003). Solid waste is
defined to include agricultural wastes (35-6003). An advisory committee,
including members of the public and of the private agricultural sector, was
created to aid the DEP in the promulgation of rules and regulations (35-6004).
The state prohibits the dumping or depositing of any solid waste onto land
surfaces or into the waters without a permit (35-6009). No solid waste may
be collected, stored, transported, or disposed of in a manner that would
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create a public nuisance (35-6009). The regulations define agricultural waste
but do not address the specific problem (Reg. 75.1). Furthermore, permit
requirements are waived for farmers utilizing "normal farming operations"
(Reg. 75.31). The major thrust of the regulating program is the municipal
solid waste disposal problem; the delineation of minimum performance standards
for sanitary landfills constitutes the major part of the program. Vector
control procedures must be utilized to prevent health hazards (Reg. 75.50).
Groundwater pollution must be avoided by analysis of soil strata in the dis-
posal area (Reg. 75.84). The regulations also deal with the odor problem
and define air pollution to include odors (Reg. 75.1).
ADDRESS: Department of Environmental Resources
Division of Solid Waste Management
P. 0. Box 2063
Harrisburg, Pennsylvania 17120
717/787-7381 ,
3. AIR
s
The DER and the EQB are the agencies responsible for implementing the
state's air pollution control program (35-4004). Air contaminant is defined
to specifically include odors (35-4003). All new sources of air pollution
are required to obtain permits (35-4006.1). The DER regulations prohibit
the emission of fugitive dust or contaminants from any source, except for the
clearing of land, tilling or applying amendments to the soil, and preparing
cover crops for incorporation into the soil. Although exempted from the
general prohibition, these activities may not emit dust that is visible at
the property line or which exceeds 150 particles/cubic centimeter. The DER
has not enacted any odor regulations. The DER, however, is not authorized
to interfere if a local air pollution control agency has been approved. In
addition, local governments may enact their own ordinances dealing with air
pollution provided that they are not less stringent than the state rules (35-
4012).
ADDRESS: Department of Environmental Resources
Bureau of Air Quality Control
P. 0. Box 2063
Harrisburg, Pennsylvania 17120
717/787-9702
4. COMMERCIAL FEED AND FERTILIZER
Pennsylvania has a commercial feed law requiring proper labeling and
registration of all feeds (3-58.4). The Department of Agriculture oversees
the registration requirements. There are no regulations that are applicable
to the feedlot operation. Fertilizers are also regulated by the Department
of Agriculture, but unmanipulated animal manures are excluded from the defi-
nition of fertilizer materials (3-68.2).
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5. AGRICULTURE
The Department of Agriculture regulates the feeding of garbage to swine
(3-452.1). Licenses are required for all garbage feeding operations; the
feeding premises must have water-tight floors and be properly drained so as
to be maintained in a sanitary condition. Manure must be disposed of regu-
larly (3-452.9). All garbage must be boiled before use (3-452.10). All
garbage feeding plants must be maintained in a reasonably sanitary condition,
and approved methods to exterminate vectors must be employed (3-452.13). The
Department of Agriculture prohibits the sale of horse manure unless it be
sold without any kind of foreign substance or water added (3-84). Stockyards
must be kept in a sartitary condition (3-451.1). Licenses are required for
dealers and brokers in domestic animals, but there is an express exemption
for farmers who receive animals for grazing and feeding purposes (3-431).
The Department may revoke licenses of dairy farmers for unsanitary conditions.
The State Livestock Sanitary Board is empowered to enter into and inspect
premises for sanitary conditions in order to prevent disease of animals and
poultry (71-1221).
6. NUISANCE
On the state level, the DER has the power to declare an unsanitary
condition to be a public nuisance (71-510-17). It may order the nuisance
abated or removed, and may recover expenses of abatement if the property
owner refuses to remove it himself (71-510-17). Counties have relatively
significant nuisance abatement powers through the county health departments
(16-12026). They have specific authority to determine whether the keeping
or slaughtering of stock animals within the county is or may become detrimen-
tal to the public health. The Board may create a permit system for such
operations at its discretion (16-2192). Counties have powers only in the
unincorporated and non-township areas (16-12013). Counties do have the
express authority to suppress garbage disposal plants that create noxious
odors (16-5185). Township sanitary boards also have the authority to inspect
for and abate any nuisance, including hog pens, stables and stableyards (53-
66958). First-class townships may regulate manure pits, slaughterhouses
and pigpens to prohibit or to remove any noxious business (53-56526).
Boroughs have the authority to regulate the accumulation of manure, compost
and the like, as well as to prohibit the keeping of hogs or other livestock
within their boundaries (53-46202). Boroughs may also abate nuisance (53-
10608). First-class cities may regulate stables for all stock but cattle,
including the transportation and storage of manure (53-14451-14452). Second-
class cities, also, may abate any nuisance that impairs health (53-24562).
Third-class cities may determine whether the keeping of animals may consti-
tute a nuisance and install a permit system for the raising of such livectock
(53-37308).
7. SOIL AND WATER CONSERVATION
There is a State Soil Conservation Commission (3-852) which oversees the
county-wide Soil Conservation Districts (SCO's) (3-853). The county SCO is
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limited in powers to mostly planning research and assistance (3-857) They
do not possess land use authority. An erosion control regulating system is
operated by the Sanitary Water Board (35-691.1 et seq). All earth moving
activities must be conducted in such a manner as to minimize accelerated
erosion.
8. LAND USE
The state has an open space law for the benefit of the water and land
resources and of the agricultural farmland of the state (32-5002). Cities
and counties have the express authority to zone and plan with no exceptions
being made for agricultural buildings or uses (53-10601, 10602). Pennsylvania
allows land presently devoted to agricultural use to be taxed at agricultural
use value (72-5490.3). A penalty for past taxes is imposed upon a change in
use (72-5490.8). '
The Pennsylvania program has not been approved for the National Pollutant
Discharge Elimination System.
RHODE ISLAND
Key to Legal Citation
R.I. Gen. Laws §
(§ )
(46-12-3)
1. WATER
The Department of Health (DOH), Division of Water Supply and Pollution
Control is responsible for implementing the state's water pollution control
program (46-12-3). Sewage is defined by statute to include any animal excre-
mental liquid or substance, offal or waste (46-12-1). "Pollution" is defined
to include the entry or discharge of sewage into the waters of the state
(46-12-1). No discharge of sewage may take place without an order from the
DOH (46-12-4). It is unlawful to cause pollution or to place sewage in a
location where it is likely to cause pollution (46-12-4). No person may
discharge any substance into a source of domestic water or allow drainage from
one's land that would pollute any drinking water supply (46-14-1). A law,
repealed in 1970, prohibited the transportation and deposit of animal manure
within 500 feet of a water supply or directly into any waters of the state
(46-14-7). The DOH has not enacted any regulations that would specifically
apply to the feedlot operation. The DOH has handled, on a case-by-case basis,
complaints about a number of feeding operations causing water pollution. In
one instance, the DOH ordered a large piggery to install a lagoon with subse-
quent land application to avoid pollution of a nearby domestic water supply.
The operator acceded to the order only after litigation was begun. The
operator then began to transport the manure to agricultural lands in Massa-
chusetts to avoid the otherwise inadequate land base for applying the
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wastewater. The DOH, as a general rule, requires the installation of some
type of holding basin, followed by dewatering, burial or land disposal.
ADDRESS: Department of Health C
Division of Water Supply & Pollution Control
75 Davis Street
Providence, Rhode Island 02908
401/277-2234
2. SOLID WASTE
The DOH, Division of Solid Waste Management administers part of the
state's solid waste management program (46-12-34). If any individual locates
an area for disposal of solid wastes within 200 feet of a watercourse, the
owner must submit to the DOH, at least every 60 days, a report on the water
quality of the water body taken both upstream and downstream of the landfill
area (46-12-34). The DOH may require permits prior to the disposal of solid
wastes (23-46-8). Solid wastes are defined by regulation to include agricul-
tural wastes, but the thrust of the present program is towards the municipal
sanitary landfill operation. The regulations require minimum performance
levels for solid waste disposal facilities. General operating standards re-
quire vector control, prevention of groundwater pollution, and the minimiza-
tion of odors and blowing dust. Solid waste management is also conducted
by an independent state corporation entitled The Solid Waste Management
Corporation (SWMC) (23-46.1-6). The Corporation both plans and constructs
solid waste disposal facilities (23-46.1-7). In the statutes creating the
SWMC, solid waste is again defined to include waste from agricultural sources
(23-46.1-5).
ADDRESS: Department of Health
Division of Solid Waste Management
75 Davis Street
Providence, Rhode Island 02908
401/277-2808
3. AIR
The DOH, Division of Air Pollution Control is responsible for implement-
ing the state's air pollution control program (23-25-5). There is also a
State Air Pollution Advisory Board (23-25-4). The regulations prohibit the
emission of fugitive particulate matter without taking reasonable precautions
to prevent the emission. There are no odor emission regulations.
ADDRESS: Department of Health
Division of Air Pollution Control
75 Davis Street
Providence, Rhode Island 02908
401/277-2808
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4. COMMERCIAL FEED AND FERTILIZER
Commercial feeds must be registered with the Department of Natural
Resources (DNR) (4-2-3). Feeds used in mixing, or furnished by the consumer
for his own use and not sold commercially, are exempted from the registration
and labelling requirements (4-2-1). The DNR also requires the registration
of all commercial fertilizers, including mixed fertilizers (2-7-4). Commer-
cial fertilizers do not include animal manures that have not been dried or
otherwise artificially treated (2-7-3).
5. AGRICULTURE
The duties of the Department of Agriculture were transferred to the DNR,
but the DOH is the principal regulating agency (42-17.1-2). No person may
feed garbage to swine without securing a permit from the DOH (4-3-3). Before
a permit will be issued, the feeder must show that a) the feeding area is
equipped with a cement base and is capable of being cleaned daily, b) the
housing meets existing sanitary and humane standards, and c) the premises are
kept clean and sanitary (4-3-5). All garbage must be cooked to at least 212
degrees Fahrenheit for a period of 30 minutes (4-3-6). No swine may be kept
in any town or fed swill, offal or other decaying substances in any town,
except in such places as shall be designated by the town council (4-3-12).
The DOH has general regulatory authority over the environmental conditions
surrounding the dairy farm operation (21-2-23). The DOH usually requires
small dairy operators to follow DOH guidelines for individual disposal systems
to prevent groundwater pollution. This normally requires drainage from the
barn into some type of subsurface seepage or leachate system which is designed
to avoid water pollution. The DOH also requires that all persons who buy,
sell or exchange bovine animals, except for immediate slaughter, must first
obtain a license from the DOH (4-7-1). The licensing provisions do not apply
to a producer of cattle who does not go from place to place, buying, selling
or transporting cattle (4-7-18). A similar license, with an exemption for
the farmer, is required for those who deal in or transport poultry (4-10-3).
6. NUISANCE
The attorney general or any citizen of the state may file an action in
the name of the state seeking to abate any nuisance conditions (10-1-1)-
Cities and towns may regulate the location and maintenance of all places in
their jurisdictions for keeping animals, and may enact rules and regulations
dealing with the time and manner of removing manure therefrom (23-19-1).
Any city or town may order the owner of a premise to remove, at his own
expense, any nuisance or source of filth found thereon (23-19-4). If the
owner does not remove it, the city may sue the owner for reimbursement of
the clean-up costs (23-19-6). Any city or town may establish such regula-
tions as it deems proper in reference to cattle or other animals, including
their slaughtering (23-19-9). Noxious trades, such as slaughtering animals,
may be prohibited by a city (23-24-1). Any slaughterhouse, rendering estab-
lishment or garbage plant located within 300 feet of a public park or hospital
is declared to be a public nuisance (11-30-12). No owner of land may burn
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any refuse or decaying animal substance in such a manner that it becomes a
nuisance (11-30-13). Any city or town may enact ordinances which seek to
abate nuisance (23-19-7).
7. SOIL CONSERVATION
There is a State Conservation Committee established within the DNR with
mostly advisory powers (2-4-3). Local soil conservation districts may be
created by petition or by act of the legislature (2-4-7, 2-4-8). They do not
possess any direct land use authority.
8. LAND USE
The DNR is authorized to establish a program to protect the coastal wet-
lands of the state (2-1-15). It may restrict land uses to those which are
compatible with the public policy of the state to preserve the purity and
integrity of the coastal wetlands (2-1-15). There is a mandatory planning
requirement for all local governments (45-22-1). Included within the Planning
Board's responsibilities are the assessment of land use, environmental pro-
tection and natural resource conservation (45-22-7). Cities and towns have
the power to zone with no exception being made for agricultural uses (45-24-
1). Cities or towns may also create conservation commissions to promote and
develop natural resources (45-35-1). Conservation of open space by the
protection of natural streams, conservation of soils or wetlands, and
enhancement of scenic resources are cited specifically (45-36-1). Land that
is classified as farmland or open space land (44-27-3) is entitled to be
assessed at actual use value (44-5-12). Upon a change of use leading to a
disqualification from the farmland category, the owner must pay a rollback
tax equal to the difference between the taxes paid in the prior two years and
the amount that would have been owed if the land had been assessed at fair
market value (44-5-39).
Rhode Island has not been authorized to administer the National Pollutant
Discharge Elimination System.
SOUTH CAROLINA
Key to Legal Citation
S.C. Code §
(§ )
(63-195.2)
1. WATER
The Department of Health and Environmental Contr-ol (DHEC), Pollution
Control Authority (PCA) is responsible for implementing the state's water
pollution control program (63-195.2). The PCA consists of state officials,
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one of whom is the State Soil and Water Conservation Commissioner (63-195 3)
There is also a Board of Health and Environmental Sciences which has rule-
making authority (63-195.9). Agricultural wastes are not specifically men-
tioned in the statute and could possibly fall under either the definition of
sewage or that of other wastes (63-195.1). The regulatory scheme is basically
a permitting system with both an NPDES and a state permit requirement. A
state permit is required for all waste discharges into subsurface waters and
for all treatment works which are defined to include all lagoons and sanitary
landfills. If a discharge of sewage is involved, or if construction of a
treatment facility is planned, then the feedlot operator must submit a com-
plete engineering report prior to his receipt of a construction permit.
Future construction of any waste treatment facility must be preceded by PCA
approval after submitting an extensive report on the planned operation.
ADDRESS: Department of Health and Environmental Control
Bureau of Wastewater and Stream Quality Control
2600 Bull Street
Columbia, South Carolina 29201
803/758-5483
2. SOLID WASTE
Although there is no direct mention of solid waste management in the
Pollution Control Act, the PCA has promulgated regulations dealing with the
solid waste disposal problem based on the interrelationship among solid waste
disposal, air pollution and water pollution. Solid waste is defined for pur-
poses of the regulations to include agricultural wastes. The regulations,
however, are geared toward the operation of a municipal solid waste disposal
operation and are not particularly pertinent to the agricultural problems.
Disposal of waste sludges and liquids must be accomplished in a manner that
minimizes odors and water pollution.
ADDRESS: Department of Health and Environmental Control
Solid Waste Management Division
2600 Bull Street
Columbia, South Carolina 29201
803/758-5544
3. AIR
The DHEC and the PCA are also given primary responsibility for implement-
ing the air pollution control program (63-195.7). Although the regulatory
system is primarily a permitting system, there have been no attempts to pro-
mulgate regulations dealing with the feedlot type operation (63-195.14). The
PCA is given the authority to delegate responsibility for administering the
air pollution program to counties and cities (63-195.34). Air contaminants
are defined to include fugitive dust, but odors are not directly mentioned.
Normally, construction and operating permits are required for all new sources
of air pollution. There are no odor or fugitive dust regulations.
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ADDRESS: Department of Health and Environmental Control
Bureau of Air Quality Control
2600 Bull Street
Columbia, South Carolina 29201
803/758-5681
4. COMMERCIAL FEED AND FERTILIZER
There is a commercial fertilizer law, but stockpen and barnyard manure
is excluded from the definition of fertilizer unless the material has been
dried or manipulated and is valued at more than $8.00/ton (3-502). All com-
merical fertilizers must be registered with the Board of Trustees of Clemson
University. The commercial feed law requires proper labeling of all feeds
after registration with the Commissioner of Agriculture (3-621). The Commis-
sioner has promulgated both feed and fertilizer regulations which are not
applicable to the feedlot operation. The food and cosmetic act would also
affect commercial feeds in that it prohibits the sale or manufacture of mis-
branded or adulterated feed (32-1526.1).
5. AGRICULTURE
All operators of livestock markets, which are defined to include assem-
bly pens, stockyards and livestock dealers, must obtain permits from the State
Veterinarian (6-332). The facilities must be maintained in a sanitary condi-
tion and are subject to inspection by state officials (6-337). Garbage may
not be fed to swine, except for household garbage fed by the owner of the
swine (6-522). The State Board of Health has the authority to investigate
the sanitary conditions of dairies (32-8). Dairy barns must be licensed by
the Board and are to be inspected at least once every six months. Milking
barn floors must be of an impervious material and must be kept clean. No
swine or fowl are allowed in the barn or stable. The cow yard must be graded
and drained and no standing pools of water or accumulations of manure may be
allowed to occur. All manure must be removed, stored or disposed of in such
a manner as to prevent the breeding of flies or access by the dairy cows.
6. NUISANCE
The State Board of Health has the primary responsibility for controlling
and regulating nuisance (32-2). Local boards of health are supervised by the
state (32-12). The State Board's activities do not, however, limit the right
of any individual to bring an action to abate a nuisance (32-10). The State
Board has promulgated regulations defining nuisance to include the feedlot
type operation where excessive flies, rodents or other vectors are produced.
The State Board has also promulgated regulations dealing with minimum sanitary
conditions at caged layer poultry houses. The regulations require only that
each operator utilize good management practices to minimize fly and rodent
infestation.
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7. SOIL AND WATER CONSERVATION
The State Land Resources Conservation Commission oversees the operation
of the local districts (63-61). Local soil and water conservation districts
may exercise land use authority if a voter referendum is held prior to the
imposition of the land use controls (63-142). A two-thirds majority is re-
quired (63-144). Counties are authorized to establish comprehensive sediment
control programs (63-195.02). Agricultural activities, however, are exempted
from the operation of the programs.
8. LAND USE
Cities have the power to plan and zone but only within their territorial
boundaries (47-1002). Counties containing a city with a population of over
70,000 have the right to zone and to include agricultural uses (14-353).
Planning in the unincorporated areas is also allowed (14-357.1). Under the
Scenic Rivers Act, land use practices in the vicinity of scenic rivers may be
controlled (70-45.9). Although agricultural practices are encouraged, all
new farm buildings must be constructed in a way that is compatible with the
scenic surroundings of the river. The South Carolina Wildlife and Marine
Resources Department operates this program (70-45.11). South Carolina does
not have a system of preferential tax assessment for agricultural land (65-
1648).
South Carolina was authorized to administer the NPDES on July 3, 1975.
The DHEC is the administering agency.
SOUTH DAKOTA
Key to Legal Citation
S.D. Compiled Laws Ann. §
(§ )
(46-25-25)
1. WATER "
The Department of Environmental Protection (DEP), Division of Water
Quality is the agency responsible for implementing the state's water pollution
control program (46-25-25). Agricultural wastes are clearly included in the
definition of pollutants which may not be discharged into the water (46-25-24).
Agricultural wastes would also fall under the general definition of wastes
(46-25-24). Apparently the DEP has no regulations other than those prescribed
by the US EPA. Discharges are illegal unless by permit (46-25-39, 40. 45).
The DEP may require submission of plans and specifications (46-25-47). The
DEP is authorized to make grants of up to $3,000 to livestock feedlots for
pollution control facilities (46-25-102, 104). The DEP and the Board of
Environmental Protection determine the relative need and priority of livestock
water pollution control projects (46-25-106). In 1973, $100,000 was
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appropriated for the program (46-25-102). The Water Rights Commission con-
trols the use of water but not its quality (46-2-1.1).
ADDRESS: Department of Environmental Protection
Division of Water Quality
Joe Foss Building
Pierre, South Dakota 57501
605/224-3351
2. SOLID WASTE
The DEP, Solid Waste Program is responsible for implementing the state's
solid waste management activities program (34-16B-3.1). The definition of
solid waste includes agricultural wastes but does not include "common water
pollutants" (34-16B-2). The DEP may require a permit for solid waste disposal
sites (34-16B-8). Counties must develop solid waste management plans (34-16B-
7). The program would be more applicable to non-agricultural wastes (7-33-6).
A farmer depositing waste from "normal farming operations" on his own land,
provided that it does not create a nuisance or violate a local ordinance, is
exempt from the regulations and the permit requirements of the DEP (34-16B-35).
ADDRESS: Department of Environmental Protection
Solid Waste Program
Joe Foss Building
Pierre, South Dakota 57501
605/224-3351
3. AIR
The DEP, Air Quality Control Section is the agency responsible for imple-
menting the air pollution control program (34-16A-2). Air contaminants are
specifically defined to include odorous substances and particulate matter
(34-16A-2). A permit system is created for new sources (34-16A-21). Regula-
tory powers may be delegated to municipal and county agencies (34-16A-41).
The DEP regulations prescribe the procedure to be followed for abating odorous
emissions. If five or more complaints are received, the DEP must investigate.
The odor is deemed to be objectionable only if a majority of the members of a
five-person panel determine that the odor tends to be unreasonably injurious
to human health or welfare. The emitter must take reasonable steps, as re-
quired by the DEP, to control the objectionable odor.
ADDRESS: Department of Environmental Protection
Air Quality Control Section
Joe Foss Building
Pierre, South Dakota 57501
605/224-3351
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4. COMMERCIAL FEED AND FERTILIZER
All commercial feed must be registered with the Department of Agriculture
prior to distribution (39-14-3). All persons who manufacture feed must also
be registered (39-14-40). The Department does not have any regulations re-
garding the use of animal waste in feed, but believes that under present regu-
lations such use would be illegal (personal communication). At least one
private firm has sought permission to reuse animal waste as feed. The Depart-
ment requires the registration of all commercial fertilizers prior to sale
(38-19-2). Unmanipulated animal manures are not deemed to be fertilizers
(38-19-1). "Soil amendments", also, do not include unmanipulated manures
(38-19A-1).
5. AGRICULTURE
The Department of Agriculture has assumed the duties of the Livestock
Sanitary Board in inspecting and regulating the livestock industry, including
poultry (1-41-5). All feedlots using medicated feed must be licensed. Live-
stock dealers must obtain licenses, (40-15A-3) but farmers and feeders of
livestock other than swine are exempted (40-15A-2). Swine dealers must also
be licensed without any exemptions (40-16-2). Compliance with sanitary regu-
lations is a prerequisite for obtaining a swine dealer's permit (40-16-9, 10,
11). Garbage may not be fed to livestock (40-10-1). Garbage is defined to
include accumulations of animal refuse (40-10-10).
6. NUISANCE
The State Public Health Advisory Committee has authority to control pub-
lic nuisance and sewage disposal (34-1-17). This power is shared with munici-
palities (9-29-13). Cities may abate nuisance up to one mile outside the
city limits (9-29-1). A court decision has upheld the validity of a city
ordinance prohibiting the maintenance of stockyards within the city. Stables
and slaughterhouses are under direct municipal licensing control, as are
operations that pollute the water (9-32-10). Nuisance is broadly defined by
statute and several cases have dealt with stockyards (21-10-1).
7. SOIL AND WATER CONSERVATION
The Division of Conservation has advisory powers over the local soil and
water conservation districts (38-7-3). Local districts may enact land use
ordinances after a local referendum approves such a grant of authority (38-8-
69). Land use regulations may include provisions requiring the retirement
from cultivation of highly erosive areas (38-8-67). South Dakota has recently
enacted a Soil Erosion and Sediment Law which grants to the State Conservation
Committee the responsibility for creating guidelines for the assessment of
erosion losses and the provision of techniques for stopping the losses.
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8. LAND USE
Cities have the power to plan and zone (11-4-1). Counties have similar
powers with no general agricultural exception (11-2-12, 14). South Dakota has
a system of preferential tax assessment for agricultural land (10-6-31). For
purposes of school taxes, all property is classified as agricultural or as
non-agricultural land (10-6-31). Agricultural land is to be valued without
regard to zoning, (10-6-31.1) and at agricultural use value, rather than at
fair market value (10-6-33.1). There are no provisions for rollback taxes
upon a change in use.
South Dakota has not been authorized to administer the National Pollutant
Discharge Elimination System.
TENNESSEE
Key to Legal Citation
Tenn. Code Ann. §
(70^30)
1. WATER
The Department of Public Health (DPH), Bureau of Environmental Health
Services, Division of Water Quality Control and the Water Quality Control
Board (WQCB) are responsible for implementing the state's water pollution
control program (70-329). The WQCB is the rule-making agency (70-328). The
Commissioner of Agriculture is an ex-officio member of the WQCB (70-327).
Agricultural wastes fall under the definition of sewage (70-326). All dis-
chargers of sewage and operators of treatment works must obtain permits (70-
330). By regulation, all plans and specifications for sewage treatment works
must be submitted to the DPH. The DPH, the US SCS and the University of Ten-
nessee have prepared a detailed technical guide (TG) setting minimum engineer-
ing standards for animal waste management systems, giving general design
criteria and recommending facilities. Normally, waste management systems must
contain structural works to divert uncontaminated runoff, structural works to
convey wastes from their source to the disposal site, facilities to store and
dispose of waste, and agricultural land for spreading solid and liquid wastes.
The design criteria set as a minimum standard for diversion ponds the holding
of runoff from the 25-year, 24-hour storm. Wash and flush type operations are
also covered with recommendations of slope, material and pipe size. Anaerobic
lagoons are recommended where animals are concentrated and runoff is minimal.
They should not be used where it is desired to return the waste to surround-
ing farm land. Because of odors, anaerobic lagoons should be located close to
the source of waste but not close to the owner's or other residences. Minimum
sizes are given for lagoons, depending on the number and weight of the animals.
Holding tanks and storage facilities are also covered by the TG. The DPH
requires a review of the plans and specifications for animal waste management
systems. Any individual who causes pollution or who refuses to furnish
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information about water pollution is guilty of a misdemeanor (70-336). A
defense of inability to pay is specifically excluded from available defenses
to a charge of water pollution (70-336). Further controls may be placed on
ammal feedlot operations by the Tennessee River Basin's Water Pollution Con-
trol Commission, an interstate compact organization dealing with water prob-
lems in the basin (70-1902).
ADDRESS: Department of Public Health
Bureau of Environmental Health Services
Division of Water Quality Control
621 Cordell Hull Building
Nashville, Tennessee 37219
615/741-2275
2. SOLID WASTE
The DPH, Sanitation and Waste Management Division is responsible for
implementing the state's solid waste disposal program (53-4303). Solid wastes
are so defined as to include wastes from agricultural operations (53-4303).
Wastes may not be disposed of in water, incinerated or otherwise disposed of
in a manner that would create a public nuisance (53-4304). A specific excep-
tion is given the operator who disposes of household wastes on his own land
provided that a public nuisance is not created (53-4310). Regulatory
authority may be delegated by the DPH to local boards of health (53-4308).
The primary thrust of the statute would appear to affect urban, not feedlot,
waste disposal systems, although by the express language of the statute feed-
lot operators would be covered. The regulations require a state permit for
all solid waste disposal systems, with no exception being made for agricul-
tural operations.
ADDRESS: Department of Public Health
Sanitation and Solid Waste Management
Division
Cordell Hull Building
Nashville, Tennessee 37219
615/741-3424
3. AIR
The DPH, Division of Air Pollution Control is responsible for implement-
ing the state's air pollution control program (53-4312). The definition of
air contaminants does not specifically include odors (53-4309). The DPH must
consider economic factors in enforcing the regulations (53-4313). Local air
pollution programs may co-exist with the state program (53-3422). The DPH
requires the use of reasonable precautions to prevent the emission of fugitive
paniculate matter. The standard for fugitive dust is that the visible emis-
sions must not extend beyond the property line for five minutes in any hour
or for 20 minutes in any day. Equipment used on farms for soil preparation
or crop harvesting is exempted from the permit requirement, although it is
still bound by a nuisance standard.
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ADDRESS: Department of Public Health
Division of Air Pollution Control
Cordell Hull Building
Nashville, Tennessee 37219
615/741-3931
4. COMMERCIAL FEED AND FERTILIZER
Tennessee has two basic regulatory programs for commercial feed, both
governed by the Department of Agriculture. All commercial feeds must be
registered before they may be sold (44-1121). Feed is broadly defined (44-
1100). A feed is deemed to be adulterated if it is unsafe within the defi-
nition of Section 406 of the US Food, Drug and Cosmetic Act (44-1124). A
second program dealing with all articles used in feeding animals is estab-
lished in the Tennessee Food, Drug and Cosmetic Act (52-101). The primary
prohibition is upon the use of food that is adulterated or contaminated (52-
110). All commercial fertilizers must be registered (43-1121). However,
unmanipulated animal manures are not included within the definition of commer-
cial fertilizers (43-1123).
5. AGRICULTURE
Garbage may not be fed to swine unless the feeding is done in a manner
approved by the Department of Agriculture or is done by an individual to
his own swine (44-1004). The Department may inspect any premises where gar-
bage is being fed (44-1006). The Department requires all livestock dealers
to obtain state licenses (44-1910). In addition, all dealers must obtain
county licenses as well (44-1901). Licenses, which include a requirement that
the premises be maintained in a sanitary manner, are also required of hatch-
eries (44-1807). The DPH is responsible for licensing and inspecting all
dairies (52-304).
6. NUISANCE
Nuisance is broadly defined by statute (39-2903). Nuisance may be abated
by court action (39-2902). In addition, it is a criminal act to unlawfully
dispose of raw sewage (39-2209). Enforcement responsibility is given local
health officers (39-2210). County and city health departments are responsible
for abating any public nuisance within their jurisdictions (53-501). Cities
also have authority to abate any animal-caused nuisance (6-202).
7. SOIL CONSERVATION
The State Soil Conservation Committee has overall advisory powers over
local districts (43-1506). Soil conservation districts may exercise land use
authority after a referendum has been held granting them that power (43-1519).
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8. PLANNING AND ZONING
Counties may zone and plan, including the regulation of agricultural
uses (13-401). Except for agricultural lands that are close to highways,
airports or public parks, there is an exemption for agricultural uses from
the building permit requirements (13-414). Municipal zoning and planning is
also allowed (13-701). Extraterritorial city zoning is allowed where there
is no county zoning (13-711). There is no agricultural exemption from muni-
cipal zoning ordinances. Farm property is assessed at 25% of fair market
value, the same ratio as residential property but less than the 45% figure
used for industrial and commercial property (67-611).
Tennessee has not been authorized to administer the National Pollutant
Discharge Elimination System.
TEXAS
Key to Legal Citation
Tex. Rev. Civ. Stat. Ann. art
or
Texas [Subject] Code Ann., tit , § (Vernon)
(art ) or (Subject Code )
(4477T~or (Water Code 21.06TT
1. WATER
[Note - The 1977 Texas Legislature enacted a bill that has consolidated
the Texas Water Quality Board, Texas Water Development Board and Texas Water
Rights Commission into a new super-agency entitled the Department of Water
Resources. Internal administration of this agency will be determined by the
Executive Director of the Department.]
The Texas Water Quality Board (TWQB) is the agency that is responsible
for implementing the water pollution control program (Water Code 21.061).
Waste is specifically defined to include agricultural waste, although agri-
cultural wastes are excluded from the definition of sewage (WC 21.003). Agri-
cultural waste is defined to encompass waterborne liquid, gaseous or solid
substances that arise from the agricultural industry, including animal feeding
pens and lots, structures for housing and feeding agricultural animals, and
processing facilities. Agricultural waste is defined to exclude runoff water
from irrigation or runoff from rangeland, pastureland or farmland (WC 21.003).
The TWQB has a well-defined system for requiring permits for confined animal
feeding operations. All feedlots, regardless of size, are requested under
the TWQB wastewater control policy to obtain a waste control order. The TWQB
has a different set of policies for cattle feeding operations than it does
for other types of confined animal feeding operations. A commercial cattle
feedlot is defined to include any confined area or enclosure for the feeding
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of cattle where such enclosure is not used for raising crops and in which
no vegetation intended for livestock feeding is grown. The TWQB believes
that all operators should obtain the waste discharge order because it is not
unduly burdensome. It assures that adequate and workmanlike waste control
measures are employed and that there is uniformity of practices. The TWQB
recommends that the first step in controlling wastes is to isolate, by
ditches, dikes or other suitable structures, all uphill or upstream drainage
areas. After this has been accomplished, the downstream drainage, coming
directly from the feedlot, can be intercepted and channelled into ponds or
lagoons of suitable size. All facilities should be designed, not merely
placed by convenience and cost. The TWQB recommends that the use of one or
more lagoons is the most feasible method for controlling and retaining runoff
water. Total pond capacity should be about 3/4 of the average monthly rain-
fall occurring during the rainy season. In some cases 24-hour/25-year rain-
fall capacity will be required. The lagoon should prevent the ordinary re-
lease of water; periods of overflow should be kept to a minimum, because
they will normally cause a violation of the water quality standards for the
receiving stream. The lagoons must be dewatered, cleaned and repaired on a
regular basis; thus, there may be a need to have supplemental ponds. Care
should be taken to avoid any unreasonable impairment of groundwater caused by
the high nitrogen content of cattle feedlot wastes. The TWQB believes that
land disposal of the lagoon water for irrigation of pastureland is the most
practical method of disposal. Land preparation may be required and runoff
from the irrigated land must not create any further water pollution control
problems. Irrigation,using lagoon effluent, should be restricted to cattle
feed crops; if the use is broadened, local health officials should be con-
tacted. The TWQB notes, but does not recommend any techniques for the dis-
posal of, the residual solid waste matter from the lagoons. The TWQB cautions
against the over-zealous use of insecticides and pesticides to kill vectors
because of their high toxicity and the occurrence of fish kills.
The TWQB has enacted regulations for the registration of commercial
swine production waste control facilities; these regulations apply to opera-
tions with 50 or more animal units where the pen area allotted per animal
unit is 2,000 sq. ft. or less. The regulations also apply, if the number of
animal units equals 20 or more and the pen area allotted is 400 sq. ft. or
less, where the operation is located less than five feet/animal unit from a
flowing stream or surface water supply. Additionally, the Executive Director
of the TWQB is authorized to require any swine operation to obtain a permit
in order to prevent environmental damage. All swine facilities must register
unless they are under a preexisting waste control order of the TWQB. The
regulations provide for design of facilities adequate to prevent pollution
of surface waters caused by drainage of waste from a storm producing the 24-
hour/25-year rainfall. The TWQB recommends that feedlot waste be isolated
from outside surface drainage by dikes or other suitable structures. The
lagoon, playa lake or other holding pond must be able to retain all runoff
resulting from the 24-hour/25-year rain. The TWQB is also concerned with
protection of the groundwater from the holding lagoons. It assumes that
groundwater pollution from the lot itself is minimal because of the limited
time that the liquid wastes are in contact with the ground. Retention facil-
ities, however, must be built on clay soils or lined with other suitable ma-
terials to control seepage. The desirable seepage rate at a potential pond
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site should be less than 0.1 acre-foot of water per surface acre of pond per
year. Existing retention facilities are presumed to meet the criteria unless
proven otherwise. The TWQB assumes that all feedlot wastes will be disposed
of by spreading on farmlands. Other methods of disposal must be approved
by the Executive Director. Disposal must be accomplished so that neither
waste nor rainfall will enter any surface drainage features that lead to
surface waters. Application rates must be so adjusted that there is no poten-
tial hazard to groundwaters. Finally, wastes must be managed to prevent
excessive vector problems or nuisance conditions from arising. The TWQB has
attempted to enact similar guidelines for dairies and poultry operations. It
has been unsuccessful in its attempt and has thus regulated these types of
operations solely on a case-by-case basis, usually reacting to complaints
or evidence of environmental damage caused by one of these operations. Orders
and permits of the TWQB are enforceable by cities if the discharge or viola-
tion occurs within municipal boundaries (WC 21.254). The State Department of
Health is also authorized to investigate and make recommendations regarding
water quality standards (WC 21.260).
ADDRESS: Texas Water Quality Board
P. 0. Box 13246
1700 North Congress Avenue
Austin, Texas 78711
512/475-2651
2. SOLID WASTE
Under the Solid Waste Disposal Act, the State Department of Health
Resources (DHR) is the agency primarily responsible for dealing with solid
waste disposal problems (4477-7). Industrial solid waste is defined to in-
clude waste from agricultural operations (4477-7). While the statute would
allow the DHR to regulate the disposal of manure by land application, in
^practice the DHR has deferred to the TWQB, which uses a good-farm-practices
standard to judge the validity of any land disposal system. Counties are
also authorized to develop solid waste management plans and to regulate and
construct disposal systems (4477-8). The dumping of solid waste on public
or private property or into any inland or coastal water without the written
consent of the owner is declared to be a misdemeanor with a fine of no less
than $15 nor more than $200 to be imposed (4477-9). There is a Gulf Coast
Waste Disposal Authority in the Houston area which has the power to regulate
all aspects of solid waste handling within its jurisdiction (7612d-2). There
is also a regulatory scheme to prevent the dumping of solid wastes in disposal
wells; this would probably be inapplicable to the feedlot operator (WC 22.
002).
ADDRESS: Department of Health Resources
Solid Waste Branch
1100 West 49th Street
Austin, Texas 78756
512/454-3781
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3. AIR
The Texas Air Control Board (TACB) is the agency responsible for imple-
menting the air pollution program (4477-5). Air contaminant is defined by
statute to include both particulate matter and odor (4477-5). The TACB grants
construction and operating permits for new sources of air contaminants (4477-
5). The regulations provide that no person shall discharge from any source
one or more air contaminants that may tend to be injurious to, or adversely
affect human health or welfare, animal life, vegetation or property (Rule 5).
Under TACB Regulation VI, all new facilities that may emit air contaminants
must submit their plans for approval and permit receipt. The TACB also
requires the facility to utilize best available control technology, allowing
consideration of economic and technical factors, to reduce or eliminate the
emissions, including odor, resulting from the facility (Rule 603.16). The
TACB has prepared a Special Project Report on Odor Control Regulations,
which details the methods for measuring odor, gives the rules to be applied
to odor sources and stresses the need for voluntary compliance by sources
of odor. The report also describes nine suits brought by the TACB to abate
odorous emissions, largely by feedlot or animal-related operations. In one
recent case involving Southwest Livestock and Trucking, which operated a
livestock holding facility in Del Rio, Texas, the TACB required the operator
to change his waste management techniques, eliminate retained water, clean
his lots regularly, and refrain from storing manure on the premises, in order
to prevent the unreasonable discharge of odors into the air.
ADDRESS: Texas Air Control Board
8520 Shoal Creek Blvd.
Austin, Texas 78758
512/451-5711
/
4. COMMERCIAL FEED AND FERTILIZER
Commercial feeds are defined by statute to include any material, other
than products produced and sold by farmers, which is used as a feed for
animals (3881e). Since manure is not produced by farmers, it is unclear
whether refeeding would be allowed; it is, however, apparently being done in
several large feedlots in the Tulia area. All feeds must be registered with
the Director of the Texas Agricultural Experiment Station (3881e). The
statute broadly defines adulterated feed and bars its use (3881e). Commercial
fertilizers are so defined as to exclude the excreta of animals and mixtures
of such substances for which no claims of grade are made (108a). Fertilizer
material also excludes animal excreta. Manipulated manures are defined to
include animal excreta for which grade claims are made; in addition, the
products in manipulated manure must be identified. All commercial fertilizers
must be registered with the Director or State Chemist (108a).
5. AGRICULTURE
Foreign corporations are not allowed to own land or to operate stockyards
or meat packing operations. An exception is allowed for the owning and
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operation of feedlots, which are not considered to come within the definition
of raising cattle and owning land therefor (Business Corporations Code 2 01)
The Texas Animal Health Commission replaced the Livestock Sanitary Commission
in dealing with the prevention of livestock diseases (7009b). It is unlawful
for any person to feed garbage to swine unless it has been boiled for at
least a 30-minute period. All persons who intend to feed garbage must
register with the Texas Animal Health Commission and obtain permits [7014f-
l(22a)]. The DHR requires that all renderers be licensed by the state (4477-
6). The DHR has the authority to license and inspect dairies (165-3a).
6. NUISANCE
The DHR has general statewide authority in all matters pertaining to
the health of the citizens (4419). It may enter and inspect any dairy,
slaughterhouse or other public place to enforce the sanitary laws or codes
(4420). Both cities and counties also have the authority to appoint local
boards of health to deal with similar problems (4435). In counties with a
population in excess of 525,000, the maintenance of feedlots or slaughter-
houses within 500 feet of an established cemetery is declared to be a nui-
sance (930a-l). The state sets minimum standards for sanitation and health
protection and broadly defined "nuisance" (4477-1). Local health officials
may abate any nuisance (4477-1). No waste product or offal may be so stored
as to cause either land or water pollution (4477-1). Cities may regulate
the depositing of offensive substances within their jurisdiction and may
compel the owner of a stable, slaughterhouse or other unwholesome establish-
ment to clean, remove or abate the same (1015). The dumping of refuse,
including animal carcasses and other decayable waste, is unlawful (6674v-2).
7. SOIL AND WATER CONSERVATION
There is a statewide Soil and Water Conservation Board with largely
advisory and research-oriented powers (165a-4). Local districts may be
created by petition and election (165a-4). Districts may adopt land use
regulations upon the affirmative vote of the residents of the district (165a-
4). Texas also authorizes the creation by petition of Wind Erosion Conserva-
tion Districts, which may prevent damage to lands by soil erosion. These
are usually county-wide districts (165a-2).
8. ZONING AND PLANNING
Cities have the authority to zone, with no exception being required for
agricultural uses (lOlla). Counties do not have zoning or planning authority.
The Texas constitution authorizes a preferential tax assessment scheme for
agricultural land (Art. 8, §l-d). Land devoted to agricultural use is to be
assessed at use value only, not fair market value. Upon a change in use, a
3-year rollback tax is'imposed for the difference between the tax paid and
that which would have been paid under full assessment (Art. 8, §l-d). The
1977 Texas Legislature passed a statute implementing the institutional mandate
(7150k). All open space land, including land devoted to the raising of
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livestock, is to be assessed using an accepted income capitalization method
adjusted by the variable interest rate specified by the Federal Land Bank
(7150k).
The Texas program has not been approved for the National Pollutant Dis-
charge Elimination System.
UTAH
Key to Legal Citation
Utah Code Ann. §
(§ )
(73-14-3)
1. WATER
The Department of Social Services (DSS), Division of Health (DOH), and
the Committee on Water Pollution (CWP) are responsible for implementing the
state's water pollution control program. The CWP consists of industrial and
agricultural representatives in addition to members at large (73-14-3).
Agricultural wastes would fall under the statutory definition of wastes (73-
14-2). Permits are required for all discharges (73-14-5). The construction,
installation or modification of any treatment works, including lagoons,
requires a permit (73-14-5). All pollution is deemed to be a public nuisance
(73-14-5). Under CWP regulations any person who seeks to construct a device
for the discharge of wastewater must submit his plans to the Division of
Health and obtain a construction permit (Reg. 1-3, 4). There are general
regulations applicable to sewage treatment plants, waste stabilization ponds
and lagoons (Reg. II1-83). The DOH does not require feedlots to construct
"wastewater treatment works" or to apply for a permit. Feedlots, however,
may not discharge wastewater because of the general prohibition against
pollution (73-14-5). All Utah feedlots, regardless of size, must abate their
discharges. Most feedlot operations comply with the no-discharge requirement
by totally containing all animal wastes and process-generated wastewater until
these materials can be spread on the land. Between 25% and 50% of Utah feed-
lots are not in full compliance with the no-discharge rule. The DOH inspects
feedlots on a case-by-case basis as time permits. The DOH does review plans
and specifications of any feedlot under a DOH mandate to stop the discharging
of contaminants into the waters of the state.
ADDRESS: Department of Social Services
Division of Health
Bureau of Water Quality
44 Medical Drive
Salt Lake City, Utah 84113
801/533-6146
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2. SOLID WASTES
There are no statutes specifically covering the solid waste management
problem. The DOH regulates the disposal of solid wastes through its general
authority to prevent water pollution (73-14-1). The DOH regulations define
solid waste to include agricultural wastes but the thrust of the program
covers the municiapl solid waste problem.
ADDRESS: Department of Social Services
Division of Health
Bureau of Solid Waste Management
44 Medical Drive
Salt Lake City, Utah 84113
801-328-6163
3. AIR
The DOH and the Air Conservation Committee (ACC) are responsible for
implementing the state's air pollution control program (26-24-3.1, 26-24-5).
As with the CWP, membership on the ACC is earmarked for representatives of
various industries, including one representative from the agricultural area
(26-24-4). Odor is not included in the definition of an air pollutant (26-
24-2). . There are no odor or fugitive dust regulations. The DOH has
received a small number of nuisance-type complaints due to odors arising from
feedlots. Usually, an inspection is made and better management practices are
recommended.
ADDRESS: Department of Social Services
Division of Health
Bureau of Air Quality
44 Medical Drive
Salt Lake City, Utah 84113
801/328-6108
4. COMMERCIAL FEED AND FERTILIZER
The Department of Agriculture regulates commercial feeds and fertilizers.
Commercial feeds must be registered and must be unadulterated (4-18-13).
Commercial fertilizers must also be registered, but an exception is made for
unmanipulated animal manures (4-19-2). There is a specific prohibition
against the sale of wastes for fertilizer unless they have been treated or
processed (4-19-18).
5. AGRICULTURE
The Department of Agriculture has primary responsibility for the enforce-
ment of laws dealing with livestock and dairies (4-1-15). There is a Poultry
Improvement Committee made up of industry representatives that advTse the
Department on regulations dealing with poultry (4-9-1). Yards, pens and
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other facilities must be kept in a clean and sanitary condition. The Depart-
ment requires licenses for all quarantined registered feedlots and Utah regis-
tered feedlots. The regulations define a quarantined lot as one where the
animals are maintained for final feeding in dry lots immediately prior to
slaughter. A Utah registered feedlot is a dry lot area for finish feeding
on concentrated feed. The thrust of the regulation program is to prevent the
spread of animal diseases. The Department also issues licenses to persons
seeking to feed garbage to swine (4-20-69.1). All garbage must be boiled
for at least 30 minutes (4-20-69.1).
ADDRESS: Department of Agriculture
412 State Capitol
Salt Lake City, Utah 84103
801/533-5421
6. NUISANCE
Nuisance is broadly defined by statute (78-38-1). Odors may cause a
nuisance situation to occur, as was declared in a case dealing with an animal
rendering plant. Nuisance abatement is entrusted to local boards of health
(26-5-5). These are under the aegis of the State Division of Health (26-15-
4). Garbage, refuse, offal or other organic waste matter may not be allowed
to remain in any street, public place, private premise or water course (26-
6-2).
j
7. SOIL AND WATER CONSERVATION
The State Soil Conservation Commission has largely adivsory powers (62-
1-4). Local soil conservation districts may enact land use regulations if
they are approved by a majority of the electorate (62-1-9).
8. LAND USE
A city is given the authority to regulate land uses surrounding its
waterworks system even if the system extends beyond the boundaries of the
city (10-8-15). The city may prevent uses which would threaten pollution
in a strip extending 300 feet on each side of the stream. Larger cities may
regulate land use within the entire watershed in order to protect the domes-
tic water supply (10-8-15). Livestock, however, must be permitted to graze
provided that they remain at least 1,600 feet from any stream or other body
of water. A use which threatens the watershed may be declared to be a nui-
sance and may be abated (10-8-60). Cities may regulate management and con-
struction of dairies and livery stables, both within the municipal boundaries
and up to one mile outside the boundaries (10-8-66). A city may prohibit
noisome businesses, including pigsties, within its boundaries. This has been
held to be applicable to a hog ranch in one law suit. Counties have ordi-
nance authority including land use powers (17-5-50). No exception is made
for agricultural uses. Utah permits land devoted to agricultural uses to be
assessed at use value (59-5-90). A 5-year rollback tax is assessed when the
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preferentially assessed property is converted to other than aqricultural
uses (59-5-91).
Utah has not been authorized to administer the National Pollutant Dis-
charge Elimination System.
VERMONT
Key to Legal Citation
Vt. Stat. Ann. tit , §
(tit , §
T5P28221
1. WATER
The Agency for Environmental Conservation (AEC), Department of Water
Resources, is the agency responsible for implementing the state's water
pollution control program (51-2822). Agricultural wastes would fall under
the statutory definition of wastes (10-1251). The statute prohibits the
discharge of any material or wastes into the waters of the state without a
permit (10-1259). A specific exemption is made for discharges from the
proper application of fertilizer to fields and crops (10-1259). Due to the
lack of confined animal feeding operations, Vermont does not have any regu-
lations that are specifically applicable to pollution from animal wastes.
Vermont merely enforces the US EPA NPDES regulations for feedlots.
ADDRESS: Agency for Environmental Conservation
Department of Water Resources
State Office Building
Montpelier, Vermont 05602
802/828-3361
2. SOLID WASTE
The AEC and State Board of Health are jointly responsible for implement-
ing the state's solid waste management program (24-2201a). The State Board
sets minimum standards for sanitary landfills in the state. A regulation
of the State Board requires that animal wastes from slaughterhouses that
are mixed with floor sweepings must be buried within two hours of delivery
at the disposal site. The disposal area must be separate from the general
disposal area and must be approved by the AEC. Such area must be fenced off
and 12 inches of compatible cover soil must be applied at the end of each
day of disposal. The regulations seem to exclude animal wastes from the
definition of garbage or refuse and thus from the State Board's regulatory
powers. Cities are empowered to operate sanitary landfills (24-2202). The
dumping of garbage or other noxious things within 300 feet of other private
or public property, into the waters, or on the shores in prohibited (24-2201).
There is an exemption for dumping solid waste from farming operations insofar
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as the requirements of a 300-foot limitation and of screening of visibility
from a highway are concerned (24-2201).
ADDRESS: State Board of Health
115 Colchester Avenue
Burlington, Vermont 05446
802/862-5701
Agency for Environmental Conservation
Air and Solid Waste Program
P. 0. Box 439
Montpelier, Vermont 05602
802/828-3395
3. AIR
The AEC is responsible for implementing the state's air pollution control
program (10-552). The definition of air contaminant includes odorous sub-
stances (10-552). The AEC has promulgated regulations dealing with the pro-
hibition of nuisance and odor (Reg. 5-241). There is a blanket prohibition
against the emission of objectionable odors beyond one's property line (Reg.
5-241). No technique is specified for the measurement of the odors. The
odor regulations are enforced solely on a citizen complaint basis. Reasonable
precautions must be taken to avoid fugitive dust emissions in the handling,
transport or storing of any materials.
ADDRESS: Agency for Environmental Conservation
Air Pollution Control Section
State Office Building
Montpelier, Vermont 05602
802/828-3395
4. COMMERCIAL FEED AND FERTILIZER
The Department of Agriculture requires the registration of all commercial
feeds (6-292-3). All feeds which are distributed (which entails selling,
bartering or merely supplying) are covered by the registration requirement
(6-291). Fertilizer is so defined-as to exclude unmanipulated animal manures
(6-211). All fertilizers must be registered with the Department of Agricul-
ture before distribution (6-412-3).
5. AGRICULTURE
All livestock dealers must be licensed by the Department, but the defini-
tion of livestock dealers would exclude the feedlot operator (6-761-2). The
Department also licenses horse urine farms, which must be kept in a sanitary
condition (6-902). No garbage, meaning putrescible animal wastes, may be
fed to swine without first securing a permit from the Department (6-1671-2).
All garbage must be treated by boiling for at least 30 minutes before it may
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be fed (6-1674). The Department is responsible for maintaining sanitary con-
ditions in the dairies of the state (6-2701). Inspection of dairy barns to
insure sanitary conditions is also a function of the Department (6-2742).
6. NUISANCE
Local health officials have the power to abate nuisance (9-610). Local
and state health officials may also enforce a prohibition against the dis-
charge of any polluted matter into a stream or pond (18-1212).
7. SOIL AND WATER CONSERVATION
Vermont has a Natural Resources Conservation Council of which the
Commissioner of Agriculture is a member (10-703). Its powers are mostly
advisory (10-704). Natural Resources Conservation Districts (NRCD's) have
land use powers, but only after approval in a local referendum (10-724).
Regulation must have as purpose the conservation of soil or soil resources.
8. LAND USE
Vermont is one of about ten states with an active substantive state
land use planning program. All development, as defined by the statute,
comes under the regulation of the Environmental Board and District Environ-
mental Commissions (10-6001). Development is so defined as not to include
construction for farming operations (10-6001). The regulatory scheme is to
require all development to obtain state permits (10-6086). Proposed develop-
ment on primary agricultural soils will normally be denied a permit unless
the applicant can show that the development will not reduce the potential of
the soil or that the lands cannot give a fair rate of return with agricul-
tural use (10-6086). All cities and towns may also zone and plan in order
to minimize pollution and avoid loss of agricultural lands (24-4302). The
towns are specifically authorized to zone land for agricultural purposes in
order to safeguard their continued agricultural uses (24-4407).
Vermont was authorized to administer the NPDES on March 11, 1974. The
Environmental Conservation Agency is charged with the administration.
VIRGINIA
Key to Legal Citation
Va. Code §
(§ 1
(62.1-44.5)
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1. WATER
The Water Control Board (WCB) is responsible for implementing the state's
water pollution control program (62.1-44.5). The definition of sewage would
exclude agricultural wastes; these would fall under the catch-all provision
of "other wastes" (62.1-44.3). There are no promulgated regulations or
statutes that are specifically applicable to feedlot operations. Under the
program's limitation on industrial wastes there is a certification require-
ment for such facilities (62.1-44.16). The WCB requires that all feedlot
operations receive a state No-Discharge Certificate which prohibits the depo-
sition of waste into state waters. There are no recommended measures for
meeting the no-discharge requirement, although the WCB will refer the farmer
to the County Extension Agent or the Soil Conservation Service to obtain the
necessary design drawings for meeting the no-discharge requirement. Virginia
has some generally applicable laws relating to the pollution of the state's
waters. All water is declared to be a natural resource of the state and the
state may utilize whatever powers are necessary to protect it (62.1-11). It
is a misdemeanor to throw garbage, refuse or other solid wastes into the
waters of the state (62.1-194). It is unlawful to dump any noxious substance
into the waters of the state (62.1-194.1). It is also unlawful to dispose of
debris in any river, creek, stream or swamp (62.1-194.2). There is, in addi-
tion, a recently enacted Groundwater Act which seeks to prevent the pollution
of the groundwater of the state (62.1-44.85). The WCB may declare a region
to be an area of critical groundwater if it appears that the groundwater is
polluted (62.1-44.95). Special regulations may then be enacted regarding
use and pollution of the groundwater in the designated area (62.1-44.97).
ADDRESS: Water Control Board
2111 Hamilton Street
P. 0. Box 11143
Richmond, Virginia 23230
804/786-1411
2. SOLID WASTE
The Department of Health (DOH), Bureau of Solid Waste and Vector Control
is responsible for implementing the state's solid waste program (32-9.1).
There are presently no solid waste regulations specifically dealing with
confined animal feedlots. The regulations define solid waste to include agri-
cultural wastes. There is a general prohibition against open dumping. The
DOH does not apply the permit requirements for solid waste disposal sites to
feedlots. There is also a State Commission on Solid Wastes, which is a study
and advisory group (9-144). Each city and county must deal with the problem
of solid waste, including agricultural waste disposal (32-9.1). Counties
have certain solid waste disposal powers, including the ability to require
dumping at county-owned landfills or dumps (15.1-282). Special sanitary
districts are authorized for the tidal land areas to prevent their pollution
(21-142). All industrial and other wastes must be disposed of in a manner
that has been approved by the DOH (21-175). There are, in addition, sanitary
districts for non-tidal waters with powers to prevent pollution (21-248, 249).
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ADDRESS: Department of Health
Bureau of Solid Waste and Vector Control
Room 209
401-A Colley Avenue
Norfolk, Virginia 23507
804/627-4511
3. AIR
The Air Pollution Control Board (APCB) is responsible for implementing
the state's air pollution control program (10-17.8). The APCB may create
local air pollution control districts to implement and enforce the statutory
and regulatory program (10-17.18). Although the statutory definition of
air pollution does not specifically mention odor (10-17.10), there are
regulations which prohibit the discharging of an odor which is objectionable
to individuals of ordinary sensibility (Reg. 4.61). No measuring technique
is mentioned; an odor panel survey is, however, one recommended method for
determining whether the regulation has been violated. The APCB, in formulat-
ing relief from odor polluting facilities, must consider economic and techno-
logical feasibility (Reg. 4.62).
ADDRESS: Air Pollution Control Board
Room 1106
9th Street State Office Building
Richmond, Virginia 23219
804/786-2378
4. COMMERCIAL FEED AND FERTILIZER
The Department of Agriculture and Commerce (DAC) regulates the commercial
feed industry (3.1-798). A farmer or feedlot operator who is feeding his
own animals may do so without meeting the registration and other requirements
of the DAC. If he is contracting with other individuals or firms to grow
out their animals, the feed must be registered (3.1-808). The DAC recently
adopted a regulation relating to the use of Dried Poultry Waste (DPW) but it
has no regulations for any other kind of processed animal waste. All DPW
must be thermally dried and may not contain more than 15% moisture, less than
15% crude protein, more than 18% crude fiber, more than 30% ash, nor more
than 2% feathers. DPW must be free of pathogenic organisms and pesticides.
It may be used up to 15 days prior to production. Labeling and instructions
are required. The DAC also administers the commercial fertilizer law (3.1-
75.1). All fertilizers must be registered, but unmanipulated animal manures
are excluded from the definition of fertilizer (3.1-75.1). Unmanipulated
manure is defined to be manure which has not been subjected to drying, grind-
ing, shredding, mixing or other processing (3.1-76.1).
ADDRESS: Department of Agriculture and Commerce
Division of Product & Industry Regulation
P. 0. Box 1163
Richmond, Virginia 23209
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5. AGRICULTURE
The DAC also regulates the feeding of garbage to swine (3.1-758). There
is a general prohibition against the feeding of garbage, although the Commis-
sioner of Agriculture may exempt heat-treated garbage which he has determined
to be non-putrescible (3.1-758). If he so finds, the garbage becomes commer-
cial feed; if sold, it then must meet the regulation requirements of the
commercial feed law. A person who feeds garbage to swine must be licensed by
the Commissioner (3.1-760). There is, in addition, a Virginia Beef Cattle
Commission with the responsibility of promoting the beef industry in Virginia
(3.1-796.12). The State Board of Health has the authority to enact sanitary
regulations for the dairy industry (3.1-425).
6. NUISANCE
Cities and counties have the primary responsibility for abating nuisance.
Counties may regulate the keeping of animals and fowl within a certain dis-
tance of residences (15.1-517). Cities have general authority to compel the
abatement or removal of any nuisance (15.1-867). All nuisance actions must
be brought before a special grand jury before abatement is possible (48-1).
Sanitary districts may also abate nuisance (21-18.4). A tenant farmer may
not sell manure made on the farm unless the owner specifically allows such
sale (55-215).
7. SOIL AND WATER CONSERVATION
There is a state Soil and Water Conservation Commission made up primarily
of farmers (21-6). The duties of the State Commission are advisory and
research oriented (21-10). The State Commission also implements the erosion
and sediment control laws (21-89.1 et seq). Many agricultural activities
are exempted from the regulatory authority of the Commission. The local
Soil Conservation Districts may adopt and enforce land use regulations after
local referenda (21-68). The regulations may require the carrying out of
necessary engineering operations and other measures designed to conserve soil
resources (21-79).
8. LAND USE
Both cities and counties have the general power to zone and plan for
agricultural uses (15.1-486). The state is also involved in planning and
zoning in areas of critical environmental concern (10-187); it creates mini-
mum criteria for development in those areas (10-193). The state is also
involved in wetlands protection; agricultural pursuits are specifically
allowed in such areas (62.1-13.5). Land devoted to agricultural uses may
be assessed at use value rather than fair market value (58-769.5). All
counties, cities or towns which have adopted land use plans may also utilize
a preferential assessment system (58-769.6). Upon a change in use, the land-
owner must pay a rollback tax equal to the difference between the taxes he
paid and what he would have paid under market value assessment for the
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previous five-year period (58-769.10).
Virginia was authorized to administer the NPDES on March 31, 1975 The
WCB is the administering agency.
WASHINGTON
Key to Legal Citation
Wash. Rev. Code §
, (§ )
(43.21A.060)
1. WATER
The water pollution program is operated through the Department of Ecology
(DOE), Water Quality Management Section (43.21A.060). The DOE's purpose is
to meet the expanding agricultural, economic and environmental needs of the
state (43.21A.010). There is also an Ecological Commission consisting of
state officials, including the director of the Department of Agriculture (43.
21A.170). It is unlawful for any person to discharge pollutants into any
of the waters of the state or to allow any organic or inorganic matter that
would cause or tend to cause pollution to drain into any waters (90.48.080).
The statute does not designate components such as industrial wastes, sewage,
etc. Plans and specifications for the construction of new sewerage systems
or sewage disposal plants must be submitted to the DOE (90.48.110). Any
person who conducts a commercial or industrial operation of any type that
results in the disposal of solid or liquid waste material into the waters of
the state must obtain a permit from the DOE or from a local governmental
body if the authority has been delegated to it (90.48.160, 90.48.165).
The DOE submitted to the EPA a prototype NPDES permit for the smaller
feedlot (i.e. 200 dairy cows, 300 beef cattle) which would have permitted
these feedlots to reach the no-discharge requirement after December 1, 1979.
The DOE proposed to place several conditions on the permit which would have
required the permittee to dispose of sanitary wastes in accordance with
local health authority rules. In addition, some acceptable process would
ahve been required to insure against groundwater pollution. The EPA rejected
the prototype because it would have allowed discharges beyond July 1, 1977,
and recommended use of enforcement compliance schedule letters on an indi-
vidual hardship basis after a finding of good faith in attempts to achieve
the July 1, 1977 deadline.
The establishment or maintenance of any slaughter pens, stock feeding
yards, or hogpens and the deposit or maintenance of any unclean or unwhole-
some substance sufficiently near the source of drinking water of a city or
town so that it might cause pollution thereof are declared to be nuisances
and may involve criminal sanctions (35.88.030, 35.88.040). Any person who
deposits in any waters used for domestic drinking supply purposes anything
that could pollute the water is guilty of a gross misdemeanor (79.54.010).
159
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Any person who places within the watershed of a city any matter which could
pollute the water supply is guilty of a misdemeanor, even though the source
of pollution is in an adjacent state (70.54.030).
ADDRESS: Department of Ecology
Water Quality Management Section
Olympia, Washington 98504
206/753-2800
2. SOLID WASTE
The DOE, Solid Waste Management Division is the agency responsible for
implementing the state's solid waste program (70.95.030). There is a solid
waste advisory committee which must include at least one representative from
the agricultural industry (70.95.040). The definition of solid wastes does
not specifically mention agricultural wastes but is certainly broad enough
to include them (70.95.030). The DOE sets minimum standards for waste dis-
posal areas after review by the committee (70.95.070). Cities and counties
must develop solid waste management plans that deal with all air, land and
water pollution problems (70.95.090). Every solid waste disposal site must
be licensed by the local health department (70.95.170). It is unlawful to
dump or deposit solid waste without a permit, with an exception being made
for dumping of solid waste resulting from one's own activities on land owned
by him provided that a nuisance is not created (70.95.240). The thrust of
the statute is directed toward the municiapl solid waste program.
ADDRESS: Department of Ecology
Solid Waste Management Division
Olympia, Washington 98504
206/753-2849
3. AIR
The DOE, Air Resource Division is responsible for implementing the
state's air pollution control program (43.21A.060). Air pollution control
authority may be delegated to local agencies consisting of one or more
cities and/or counties (70.94.053). Air contaminant is specifically defined
to include any odorous substance (70.94.030). The regulations call for regis-
tration of all cattle feedlots, but, by administrative policy, only the
larger ones are required to seek permits. Under DOE regulations, every
feedlot handling more than 1,000 animal units, and in some cases fewer,
must register with DOE as an air contaminant source (WAC 18-04-040, WAC 18-
04-100). Local agencies have the option of imposing higher standards but
may not fall below the minimum set by the state. The regulations call merely
for the feedlot operator to observe good housekeeping and management practices
to control the emission of dust and/or odor (WAC 18-04-040).
ADDRESS: Department of Ecology
Air Resource Division
Olympia, Washington 98504
206/753-2800
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4. COMMERCIAL FEED AND FERTILIZER
Feeds must be registered with the Department of Agriculture (15.53.9014)
Experimental feeds, however, are exempted from the registration requirement
(15.53.901). The Department has promulgated several regulations dealing
with the sale or distribution of commercial feed. Processed animal waste
products (PAWP) must be registered with the Department prior to distribution
or sale. This would not apply to a feedlot processing its own wastes for
use on its own animals. PAWP's include dried poultry waste (DPW), dried
poultry litter (DPL), dried ruminant waste (DRW) and undried processed animal
waste product. Quality standards for protein, fiber, ash, feathers, moisture
and litter content are mandated for each type of PAWP. PAWP must be free of
harmful pathogens and pesticide residues. Proper labelling as to contents
must also be utilized. Commercial fertilizers are defined to include manipu-
lated animal manures (15.54.272). All commercial fertilizers must be regis-
tered with the Department of Agriculture (15.54.320).
ADDRESS: Department of Agriculture
Feed and Fertilizer Branch
Olympia, Washington 90504
206/753-5063
5. AGRICULTURE
All garbage, before it may be fed to swine, must be heated to at least
212 degrees Fahrenheit for a minimum period of 30 minutes (16.36.103). No
person may feed garbage to swine without first securing a license from the
Department of Agriculture (16.36.105). Legal guidelines have been provided
for the feeding of garbage to swine. The Department of Health inspects
dairies for unsanitary conditions. The yards may not be filthy nor may there
be deposits of manure which are allowed to decay or ferment. The barn must
have floors suitable for drainage (15.32.060). No pigpen or manure accumula-
tion is permitted within 100 feet of any milk room or within 50 feet of any
place where milking is done (15.32.060). All dairy barns must be well venti-
lated and well lighted (15.36.155, 15.36.160). Milking stable floors must be
constructed of impervious material unless the milk is to be pasteurized (15.
36.165). Owners of commercial feedlots must obtain certified feedlot licenses
from the Department of Agriculture (16.58.040). The purpose of the statute
is to expedite the movement of cattle without losing the ownership identity
of such cattle (16.58.010). Operators of public livestock markets must
obtain licenses (16.65.030). The typical feedlot operation would not be
classified as a market but would, instead, fall under the definition of a
stockyard (16.65.010). The floors of all pens must be kept in good repair
and must have adequate drainage (16.65.360). Adequate cleaning facilities
must be maintained (16.65.360). Counties may order that any area within
their boundaries be declared off limits to livestock running at large (16.
24.010, 16.24.090). All operators of fur farms must register with the Depart-
ment of Agriculture (16.72.050).
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6. NUISANCE
Nuisance is broadly defined by statute (7.48.010). Several cases have
found that an odor is sufficiently injurious to neighboring landowners to
become an actionable nuisance. Public nuisance is defined to include the
deposit of any offal or noisome substance in a place where it injures another,
and the depositing of offal or other offensive matter in any watercourse
(7.58.140). A nuisance may not become a legal use merely by lapse of time
(7.47.190). Every person who maintains a nuisance is guilty of a misdemeanor
(9.66.030). Every person who deposits unwholesome substances on land or
water is guilty of a gross misdemeanor (9.66.050). First-class cities may
provide for the abatement of nuisance (35.22.280). They may also regulate
the pollution of streams running through their corporate limits or used for
their domestic drinking supply (35.22.280). Second-class cities have similar
powers (35.23.440). Third-class cities have more limited authority to abate
nuisance (35.24.290).
7. SOIL CONSERVATION
There is a State Conservation Commission which must include at least
one active farmer (89.08.030). It has mostly advisory powers. Local conser-
vation districts do not possess land use powers (89.08.220).
8. LAND USE
Every county planning agency must prepare a comprehensive plan (36.70.
320). A required element of this plan is the location and the specification
of the extent of the use of the land for agriculture (36.70.330). Zoning
maps must follow the adoption of the mandatory plan (36.70.720). There is
no exemption for agricultural use (36.70.750). Cities also have the power to
zone and plan with no exemption made for agricultural use (35.63.080).
Development permits issued by a State Shorelines Hearing Board are required
for development of a substantial nature within the area designated as shore-
line (90.58.140). Washington does have a system of preferential tax assess-
ment for agricultural and open-space land. Land so classified is valued at
use value, not market value (84.34.065). Upon a change in use the total
amount of tax due under fair market assessment is collected as well as a
20% penalty on that full tax (84.34.080).
Washington was authorized to administer the NPDES program on November 14,
1973. The DOE is the administering agency.
WEST VIRGINIA
Key to Legal Citation
W. Va. Code §
(§ )
(20-5A-3)
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1. WATER
The Department of Natural Resources (DNR), Division of Water Resources
is the agency responsible for implementing the state's water pollution control
program (20-5A-3). Sewage is defined to include all water-carried animal
wastes (20-5A-2). All individuals who allow sewage to flow into the waters
of the state or who construct disposal systems must obtain permits (20-5A-5).
The regulations do not address themselves to feedlot problems specifically,
feedlots being relatively rare in the state. There are, however, some general
regulations which would be applicable. The discharge may not contain visible
floating solids, have objectionable odors, have objectionable bacterial con-
centrations or have objectionable color (Reg. 3). The major emphasis of the
regulations is the particular water quality criteria for the receiving
waters. The rule-making authority is exercised by the State Water Resources
Board (WRB), which does not include an agricultural member (20-5-3). There
is, in addition, a Natural Streams Preservation Act which vests in the WRB
the authority to issue permits for any activity that might affect the free-
flowing nature of these designated streams (20-5B-5). A violation of the
Natural Streams Act is deemed to be a nuisance which can be abated by the
Board (20-5B-12). Any person who knowingly and wilfully releases any offen-
sive or poisonous substance into waters of the state which are used for
domestic purposes is guilty of a misdemeanor and may be fined between $25
and $200 (16-9-2). This section exempts those commercial or industrial
wastes subject to the regulatory control of the DNR or the Air Pollution
Control Commission (APCC) (16-9-2).
The Department of Health (DOH) is also involved in regulating water
pollution through its permit-issuing authority for small and large sewage
and excreta disposal systems (16-1-3). Design standards for larger operations
are being developed. Feedlots are handled on a case-by-case basis, since
there are few such facilities in the state. The regulations call for both
construction and installation permits to be issued by the DOH (Reg. 4). In
addition, there is an operational permit requirement (Reg. 4.2). The design
standard regulations require individual application to the Division of Sani-
tary Engineering for all methods not described in the regulations (Reg. 1.7).
This, in essence, requires all feedlot waste systems to seek approval by the
Chief of the Division of Sanitary Engineering. The regulations and design
requirements apply to milk plants or dairies, slaughterhouses, and stock or
poultry farms.
ADDRESS: Department of Natural Resources
Water Resources Division
Charleston, West Virginia 25305
304/348-2107
Department of Health
Division of Sanitary Engineering
1800 Washington Street
Charleston, West Virginia 25305
304/348-2981
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2. SOLID WASTE
The DOH, through its aforementioned permitting system for all sewage and
excreta disposal systems, regulates the solid waste disposal problem of feed-
lots. The DOH has promulgated general solid waste regulations, but animal
manure is specifically exempted from the application of the regulations
because of DNR and APCC control.
ADDRESS: Department of Health
Division of Solid Waste
1800 Washington Street
Charleston, West Virginia 25305
304/348-2987
3. AIR
The Air Pollution Control Commission (APCC), which includes the Commis-
sioner of Agriculture as an ex officio member, is the agency responsible for
implementing the air pollution control program (16-20-4). The definition of
air pollutants does not specifically include odors (16-20-2). The water
pollution regulations do, however, include an odor limit, which is defined to
be a threshold odor number of 8 at 40 degrees centigrade (Reg. 7.01). Permits
are required for stationary sources of air pollution (16-20-llb). The pow-
ers of the APCC do not diminish the powers of local or state health officials
to reduce or abate air pollution. APCC regulations require that reasonable
precautions be utilized in minimizing the emission of fugitive particulate
matter. The regulations also prohibit the emission of objectionable odor,
which is to be defined by a representative of the APCC. The regulations
recommend using the Barnabey-Cheney Scentometer or other recognized systems.
An exception is made for the "normal and necessary" operations associated
with the production of agricultural products or of livestock and poultry
raised on the premises.
ADDRESS: Air Pollution Control Commission
1558 Washington Street, East
Charleston, West Virginia 25311
304/348-3286
4. COMMERCIAL FEED AND FERTILIZER
All commercial feeds must be registered with the Department of Agricul-
ture (19-4-4) before they may be distributed (19-14-3). All fertilizers
must also be registered (19-15-2). Unmanipulated animal manures are exempted
from the definition of commercial fertilizer (19-15-1).
5. DEPARTMENT OF AGRICULTURE
The Department of Agriculture requires permits before garbage may be fed
to swine (19-9A-2). Garbage includes putrescible animal wastes. All garbage,
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before it may be fed, must be thoroughly heated for at least 30 minutes at a
temperature of 212 degrees Fahrenheit (19-9A-5). It is a misdemeanor to con-
fine an animal in any place without a sufficient quantity of wholesome food
and water or knowingly to feed a dairy cow a food that produces impure milk
(61-8-19). The Department regulates the sanitary conditions of stables and
other buildings where animals are confined (19-9-2). The Department also
regulates the sanitary condition of dairies (19-11-3).
6. NUISANCE
All municipalities have the authority to prevent the depositing of
offensive matter in public places, to prohibit the accumulation of garbage,
to prevent injury to their residents from anything that is offensive or un-
wholesome and to regulate or prohibit the keeping of animals or fowls within
the city limits (8-12-5). The State Board of Health has general authority,
concurrent with local boards, to abate nuisance (16-2A-1, 16-1-3). It is
unlawful to deposit any dead animal or part thereof, offal, or animal excre-
ment in a body of water used for domestic purposes (16-9-2). It is unlawful
to release offensive matters which are a threat to the public health on any
land or water (16-9-3).
7. SOIL CONSERVATION
There is a State Soil Conservation Committee with overall advisory
powers (19-21A-4). The committee is the 208 agency dealing with agricul-
tural problems. Local districts may be created by petition of the residents
(19-21A-5). The local districts may adopt land use regulations after local
referenda authorize the exercise of those powers (19-21A-9).
8. LAND USE
All cities and counties may create planning commissions (8-24-1). Rural
planning is specifically mentioned as a goal of the statute (8-24-1)- A plan
may include a land utilization sector including agricultural uses and may
also deal with the conservation of soil and agricultural resources (8-24-17).
Cities and counties also have the power to zone (8-24-39). There is no
exemption for agricultural uses (8-24-40). West Virginia does not have a
system of preferential tax assessment for agricultural land (11-3-1).
The West Virginia program has not been approved for the National Pollut-
ant Discharge Elimination System.
WISCONSIN
Key to Legal Citation
Wis. Stat. Ann. § (West)
(§ )
(144JD25)
165
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1. WATER
The water pollution control program is operated by the Department of
Natural Resources (DNR), Bureau of Water Quality (144.025). The DNR has gen-
eral rule-making authority as well (144.025). The statutes define sewage so
as to exclude manure; animal wastes would fall under the definition of refuse
or other wastes (144.01). There may be no dumping of garbage or other refuse
in any area that is subject to inundation by periodic flooding if there is
a threat that such refuse will be washed into any surface waters of the state
(144.045). Wisconsin has a permit system that basically follows the EPA
regulations (147.02). There is an exclusion from the permit requirement for
disposal of solid wastes, including wet or semi-liquid wastes, at a site or
operation licensed pursuant to DNR regulations addressing land disposal (Reg.
NR 200.03). This exception is applicable only for licensed sanitary landfills,
not for agricultural operations. The DNR has proposed a set of regulations
covering feedlots which coincide with the federal regulations as to minimum
sizes covered (NR 243.01 et seq). Wisconsin, however, has a unique system
for adopting regulations that affect animal waste treatment. Before any state
agency may propose a rule, it must be submitted to the State Senate and House
Agricultural Committees, which must hold public hearings on the matter. The
rule is then given effect only if it is approved by a joint resolution of
each house of the legislature (13.565). At present the proposed regulations
are in the House and Senate Committees and have been so since November 1976.
The Wisconsin draft regulations also deal with the problem of aquatic animal
production facilities, including hatcheries and fish farms which have a dis-
charge on any 30 days or more per year and produce more than 20,000 pounds
of aquatic animals per year. Additionally, no person may throw or deposit
into the waters of the state any substance deleterious to game or fish life
(29.29).
ADQDESS: Department of Natural Resources
Bureau of Water Quality
P. 0. Box 450
Madison, Wisconsin 53701
608/266-3910
2. SOLID WASTE
The DNR, Solid Waste Management Section is responsible for implementing
the state's solid waste management program (144.31). Solid waste is defined
to include wastes from agricultural operations but not to include dissolved
materials in wastewater effluents (144.30). By specific regulations the DNR
has exempted the land application of manure from the permitting requirements
that usually accompany a solid waste management system (Reg. NR 151.12). In
addition, agricultural operations are excluded from the permit requirements
that otherwise apply to the land disposal of liquid wastes (Reg. NR 214.02).
The feedlot operator still must meet other minimum standards for land disposal
operations, namely keeping the operation nuisance-free and not applying
manure within 1,000 feet of a navigable lake or flowage, within 300 feet of
a navigable river, within any area that may cause ground or surface water
pollution, or within any wetland area (Reg. NR 151.12). Counties may also
166
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adopt and implement solid waste management plans and systems dealing with,
among other problems, agricultural waste disposal [59.07(135)].
ADDRESS: Department of Natural Resources
Solid Waste Management Section
P. 0. Box 450
Madison, Wisconsin 53701
608/266-7055
3. AIR
The DNR, Air Quality Control Section is responsible for implementing the
state's air pollution control program. Air contaminants are specifically
defined to include odorous substances (144.30). The regulations provide that
no person shall cause or allow an emission that results in an objectionable
odor unless preventive measures satisfactory to the DNR are taken to control
such an emission (Reg. NR 154.18). An objectionable odor is determined by
either of two methods. The first is merely an investigation with findings
made as to intensity, frequency and duration of odor, as well as to the type
of area involved. The second test requires that 60% of a random sample of
persons exposed to the odor claim it to be objectionable (Reg. NR 154.18).
Abatement techniques recommended include removal and disposal of the odorous
substance, changes in methods of handling and storage so as to minimize odor
problems, and the following of prescribed standards in the maintenance of the
premises. The regulations prohibit the emission of fugitive dust so as to
exceed an ambient air quality standard or to cause air pollution (Reg. NR 154-
11). Reasonable precautions must be taken to limit such emission. The stat-
ute provides for counties to adopt and administer local air pollution control
programs, including regulation of emissions within the corporate boundaries
of the cities contained within the counties (144.41).
ADDRESS: Department of Natural Resources
Air Quality Control Section
Box 7921
Madison, Wisconsin 53707
608/266-1199
4. COMMERCIAL FEED AND FERTILIZER
All persons who distribute fertilizer in the state must obtain licenses
from the Department of Agriculture [94.64(3)]. There is no registration
requirement, but there are labeling requirements [94.64(2)]. Fertilizers are
so defined as to exclude unmanipulated animal manures [94.64(1)]. Soil con-
ditioners are defined to include any substance other than a fertilizer which
is used for the improvement of the physical nature of the soil [94.64(1)].
Soil conditioners are exempt from the labeling and licensing requirements of
the act, but any representations made for them are subject to regulation [94.
64(6)]. All commercial feeds must also be registered with the Department
[94.72(5)]. Commercial feed is defined to include all materials used for
feeding except meat and other portions of animal carcasses in their raw or
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natural state without further processing except freezing or denaturing [94.
72(1)]. All manufacturers or distributors of feed must obtain licenses [94.
72(5)].
5. AGRICULTURE
It is unlawful for any individual to feed public or commercial garbage
to swine. Public garbage is so defined as to exclude private household
wastes not removed from the premises where produced (95.10). All poultry
dealers must be registered with the county clerk (134.50). Similarly, live-
stock dealers must also be licensed, but the definition of a dealer would
exclude the farmer who feeds livestock as part of his ongoing operation (95.
70). Persons responsible for confining animals must maintain all animals in
good health with adequate provision of food and drink (948.13). Minimum
standards for sanitation for both indoor and outdoor enclosures must be main-
tained (984.14). The Department of Agriculture has the authority to inspect
dairies and to require minimum sanitary standards (97.20).
6. NUISANCE
No person may erect a rendering plant within 1/8 mile of a dwelling,
business or public highway. This does not affect preexisting rendering
plants (95.72). No hog or pig farm may be operated in connection with a
rendering plant (95.72). Every county and city with over 5,000 inhabitants
may restrict public slaughterhouses as long as such restrictions are consist-
ent with regulations of the Department of Agriculture (66.075). Any indivi-
dual, county, city, village or town may bring an action to abate a public
nuisance (823.01). Violations of city ordinances may rise to the level of
a nuisance and may be enjoined (823.07). Nuisance is broadly defined to
include any source of filth (146.14). Local board of health personnel have
the authority to inspect premises upon which a nuisance is said to exist (146.
14). The cost of abating a nuisance may be charged against the owner of the
premises (146.14). Any city or village may restrict the location or expansion
of any industry which carries on a nauseous, offensive or unwholesome business
within the corporate limits or within four miles outside its boundaries (66.
052).
7. SOIL AND WATER CONSERVATION
There is a statewide Board of Soil and Water Conservation Districts with
overall advisory powers (92.04). Local districts may be created by county
boards of supervisors (92.05). Local districts have land use planning and
conservation powers (92.08). Land use regulations may be adopted by the dis-
tricts if they are in accordance with the plans developed and if a majority
of the electors favor their adoption (92.09). Counties and cities may con-
tract to do soil conservation work on privately owned lands, providing the
work does not exceed $1,000 per year (66.34).
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8. LAND USE
Wisconsin has a very intensive land use control scheme for shore!ands
(144.26). All development of shorelands must be approved by the county
which, in turn, must have adopted a set of regulations that meet the minimum
standards set by the DNR (144.26). Towns are also given the authority to
zone shorelands in conformity with DNR rules (59.971). Filling is limited
and all uses must be consonant with the preservation of the shorelands envi-
ronment (144.26). All uses that are approved must minimize the possibility
of pollution (144.26). Shore!and is so defined as to exclude land that is
adjacent to farm drainage ditches if such land is maintained in non-structural
agricultural uses or is not adjacent to a natural navigable stream (144.26).
Counties have the authority to zone and may do so within towns, although not
within cities (59.97, 59.07). If a county has not enacted a zoning ordinance,
a town may zone agricultural uses contained within its corporate limits (60.
74). Villages also have the power to zone and plan (61.35). Land contained
within a village that has continuously been used for agricultural purposes
for a period of 20 years may be detached from the village and annexed to an
adjoining town or village (61.74). A similar right of detachment is available
for farmlands that are located within cities (62.075). Cities also have the
general power to zone and plan. The Wisconsin Constitution specifically
authorizes a preferential tax assessment scheme for open space and agricul-
tural land (Art VIII, §1). Agricultural lands are to be assessed at use, not
fair market, value (70.32).
Wisconsin was authorized to administer the NPDES on February 4, 1974.
The DNR is the administering agency.
WYOMING
Key to Legal Citation
Wyo. Stat. §
(§ )
(35-502)
1. WATER
The Department of Environmental Quality (DEQ), Water Quality Division
(WQD) is the agency responsible for implementing the state's water pollution
control program (35-502.6). The WQD includes an adivsory board made up of
five members, one of whom must represent agricultural interests (35-502.13).
Waste from agricultural operations falls under the catchall definition of
wastes (35-502.3). No person may discharge any wastes without a permit (35-
502.18). Wyoming does no more than apply the US EPA NPDES requirements for
confined animal feedlot operations.
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ADDRESS:. Department of Environmental Quality
Water Quality Division
Hathaway Building
Cheyenne, Wyoming 82002
307/777-7781
2. SOLID WASTE
The DEQ, Land Quality Division (LQD) is responsible for implementing
the state's solid waste management program (35-502.6). Solid waste is defined
to include waste from agricultural operations (35-502.3). The DEQ is autho-
rized to enact regulations dealing with solid waste disposal requirements
(35-502.43). The DEQ rules deal primarily with the municipal solid waste
problem, although there is no specific exemption for agricultural solid
waste disposal. The regulations require minimum standards for landfill sites
and operating procedures.
ADDRESS:. Department of Environmental Quality
Land Quality Division
Hathaway Building
Cheyenne, Wyoming 82002
307/777-7756
3. AIR
The DEQ, Air Quality Division (AQD), is the agency responsible for imple-
menting the state's air pollution control program (35-502.5). There is, in
addition, an advisory board to AQD made up of five members, one of whom must
represent agricultural interests (35-502.13). Air contaminant and air pollut-
ant are defined to include both dust and odors. The AQD has issued regula-
tions that deal specifically with the odor problem (Air Reg. Sect. 16). Odor
emissions are measures at the property line and may be no greater than seven
dilutions of odor-free air as measured on a scentometer. Two measurements
must be taken within one hour before a violation is found. Odor-producing
materials must be so stored as to minimize odor emissions. Since this is an
ambient air quality standard, all new or modified sources of odor must
receive construction and operating permits issued by AQD. Reasonable precau-
tions must be taken in order to avoid the emission of fugitive dust in such
quantities that the particulate ambient air quality standard is violated.
ADDRESS: Department of Environmental Quality
Air Quality Division
State Office Building, West
Cheyenne, Wyoming 82002
307/777-7391
4. COMMERCIAL FEED AND FERTILIZER
The Department of Agriculture enforces both the commercial feed and
170
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fertilizer laws. The commercial feed law requires labeling of all feeds
after registration with the department (11-221.5). The mixture with a feed
of any substance that is injurious to the health of livestock or poultry is
prohibited (11-221.8). Fertilizer, which is defined to include any substance
containing one or more plant nutrients, must be registered as well (11-227.
15). A guaranteed analysis, which may be in fractional units, must be pro-
vided (11-227.14). H
5. AGRICULTURE
The State Veterinarian has the authority to inspect dairy barns and
premises and order them cleaned, disinfected and kept in a sanitary condition
(11-305). The Department of Agriculture is also given the authority to
inspect dairies (35-281). There is a State Livestock Board composed of seven
stockmen, three of whom must be wool growers (11-261). The Board's basic
powers include the development of rules and regulations dealing with inspec-
tion, testing or quarantining of all livestock (11-263). The primary goal is
to prevent theft and disease (11-262). The Board also grants permits for
the feeding of garbage to swine (11-524). Garbage must be boiled for at
least 30 minutes prior to feeding (11-529).
6. NUISANCE
The State Board of Health is given primary responsibility for abating
nuisance (35-5). It also has residual power to prevent water pollution (35-
19). County and city boards of health also have authority to regulate and
abate nuisance conditions (35-486). The State Board may promulgate sanitary
control regulations covering certain fertilizer material and water used in
irrigation (35-25). The placement of refuse matter or garbage in any natural
waterway is declared to be a public nuisance (35-462). It is also a nuisance
to place waste material on public or private property not under the control
of the person doing the placing (35-466).
7. CONSERVATION DISTRICTS
The State Conservation Commission has largely advisory powers over both
regional and local districts. Regional conservation districts may be created
by popular vote (11-240). Local districts are empowered to utilize preventive
and control measures to conserve the land and to develop plans for conserva-
tion (11-245). In addition, conservation ordinances affecting land use may
be enacted after an affirmative vote in a popular referendum (11-246).
8. LAND USE
Wyoming has a State Land Use Study Commission with advisory planning
powers; it has developed a report and is implementing a statewide land use
program (9-160.46). Counties have the authority to zone and plan in their
unincorporated areas (18-289.1). Agricultural uses may be governed by the
171
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zoning regulations (18-298.1). Cities, as well, have the power to zone and
plan (15.1-83). Wyoming has a system of preferential tax assessment for agri-
cultural land under which it is assessed at use value, not market value (39-
82). There is no provision for a rollback tax upon a change in use. In
addition, livestock in feedlots are exempt from the ad valorem personal
property tax (39-221.1).
Wyoming was authorized to administer the NPDES on January 30, 1975. The
DEQ is the administering agency.
172
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SECTION 5
COMPARISONS OF LAWS AMONG THE STATES
The laws and .regulations of the various states differ markedly. In a
few states they are comprehensive and explicit; more generally, they are vague.
Moreover, regulation of dairies and/or of large feedlots is often spelled out
in detail while that of smaller installations may, in practice at least, be
governed by nuisance suits. In some states the regions, counties, cities or
other political subdivisions have authority to participate in regulation.
In consequence, a tabulation such as is presented here is at best an
outsider's interpretation of the published statutes and regulations. It
should not be interpreted as being an infallible guide to practice.
173
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TABLE 1. COMPARISON OF STATE LAW ON SELECTED ASPECTS OF ANIMAL AGRICULTURE
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
State Ad-
ministers
NPDES
program
No
No
No
No
Yes
Yes
Yes
Yes
No
Yes
Yes
No
No
Yes
No
Yes
No
No
No
Yes
Runoff Depth of
Permit re- storage water per
quired for capacity land appli-
beef cattle required cation
(number) (feedlots) specified
(1)
500 (2)
(1)
(1) 10 yr-24 hr
1000 25 yr-24 hr
(1)
(D
(4)
(1) 10 yr storm
(5)
(5)
(6) (7)
300
(9) 25 yr-24 hr
300 10 yr-24 hr
(1)
(1)
(1)
(1)
No
No
No
No
No
No
(3)
No
No
No
No
No
No
No
No
No
No
Yes
No
Total depth
of water Explicit
applied per feedlot
year speci- odor regu-
fied lations
No
No
No
No
No
No
No
No
No
No
(8)
No
Yes
Yes
No
No
Yes
No
Yes
Yes
No
No (state)
Yes
No
No
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
No
Explicit
feedlot
dust regu-
lations
No
No (state)
Yes
No
No
No
No
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
-------
TABLE 1 CONTINUED
en
State ad-
ministers
NPDES
program
Runoff Depth of
Permit re- storage water per
quired for -capacity land appli-
beef cattle required cation
(number) (feedlots) specified
Total depth
of water
applied per
year speci-
fied
Explicit
feedlot
odor regu-
lations
Explicit
feedlot
dust regu-
lations
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
Yes
Yes
Yes
Yes
No
Yes
No
No
Yes
(1)
(1)
(1)
(10)
(1)
(1)
(1)
(1)
(11)
(1)
(1)
(11)
(1)
(13)
(1)
(1)
(1)
(1)
No
No
No
No
No
10 yr-24 hr No
10 yr-24 hr No
No
Yes
No
10 yr-24 hr No
(12)
10 yr-24 hr No
(14)
No
No
No
No
Yes
No
No
No
Yes
No
No
No
No
(12)
No
(14)
No
No
No
Yes
No
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
No
Yes
Yes
No
No
No
No
No
Yes
No
No
Yes
Yes
No
Yes
No
No
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
-------
TABLE 1 CONTINUED
cr>
Runoff Depth of
State ad- Permit re- storage water per
ministers quired for capacity land appli
NPDES beef cattle required cation
program (number) (feedlots) specified
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
(1) any with
(2) Arizona -
(3) does not
No
No
No
No
Yes
Yes
Yes
No
Yes
Yes
(1)
(1)
(15)
(1)
(1)
(1)
(1)
(1)
(5)
(5)
discharge to waters
500 head for
LSB 1
exceed infiltration
No
No
(16) No
No
No
No
No
No
No
No
of the state.
Total depth
of water Explicit Explicit
i- applied per feedlot feedlot
year speci- odor regu- dust regu-
fied lations lations
No
No
No
No
No
No
No
No
No
No
Yes
No
Yes
No
Yes
Yes
Yes
No
Yes
Yes
No
Yes
Yes
No
Yes
Yes
Yes
Yes
icense; NPDES regulation otherwise.
capacity of soil .
(4) > 500 Ibs of BOD5/day.
(5) NPDES guidelines.
(6) Any small
facility must
seek
a permit if it is causing or
threatening
to cause a violation
of the
Illinois Environmental Protection Act or of the Pollution Control Board Regulations.
(7) holding pond capacities to store volumes equal to the area of the feedlot plus any other contrib-
uting area multiplied by 12 inches for runoff from earthen areas and 15 inches for runoff from
concrete areas.
-------
TABLE 1 CONTINUED
(8) not to exceed the agronomic nitrogen rate.
(9) four types of feedlots must seek operational permits from the DEQ.
(10) letter of approval is required by the CWC for all feedlots regardless of size.
(11) See state law for exemptions.
(12) recommends individual application and plans for each unit.
(13) All feedlots must obtain licenses from the State Board of Agriculture.
(14) guidelines will reflect amounts based upon soil and topographic studies.
(15) All feedlots regardless of size must obtain permits from the TWQB.
(16) total pond capacity should be 3/4 of the average monthly rainfall occurring during the rainy season.
-------
SECTION 6
THE EFFECTS ON CURRENT PRACTICES AND THE ECONOMIC
IMPACTS OF VARIOUS CODE PROVISIONS
Animal agriculture is extremely varied. Operations range in size from a
few chickens to over a hundred thousand head of cattle. Climate (drought,
snow cover, floods, etc.), relation of the stockman to the land (owner,
lease-holder, tenant, etc.), financial fluidity, and other variables temper
the effects of any regulation so markedly that few valid generalizations can
be made.
Agricultural economists in the US Department of Agriculture and the
nation's universities have made and published many detailed studies of eco-
nomic impacts of various regulations, actual or proposed. A number of these
are listed at the end of this section of the report. Many more are to be
found in the lists of references in the papers cited and in the lists of pub-
lications of the USDA and the Agricultural Experiment Stations of the fifty
states. The proceedings of the Annual Cornell Conference on Animal Waste
Problems and many agricultural periodicals, also, contain papers on agricul-
tural economics.
An excellent survey on a national scale appeared in the Staff Report to
the National Commission on Water Quality (April, 1976). As indicated in
Table 2 (which is extracted from Table III.D.4, p. 111-65 of the Staff Re-
port), the impact of P.L. 92-500 on prices for beef, pork, and dairy products
was anticipated to be higher in all cases by less than one percent; the im-
pact on profits was negative, ranging from 5 to 25 percent in the cases which
were calculable.
These figures, having been derived on the basis of the impact of P.L.
92-500, would not be directly applicable to state pollution abatement regula-
tions. When it is remembered, however, that state laws must be at least as
strict as federal, it may reasonably be assumed that the total impact—federal
plus state—would be understated by the figures cited.
In the preparation of this report many opportunities presented themselves
for visits and correspondence with stockmen, poultrymen, officials of their
trade associations, and personnel of the regulating agencies. Costs of com-
pliance were of serious concern. They were relegated to second place, how-
ever, by many operators who spoke with pride of their non-polluting opera-
tions and with gratitude for the understanding and cooperation they had re-
ceived from state agencies, the Soil Conservation Service, and the Agricul-
tural Extension Service.
178
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TABLE 2. INDUSTRIAL IMPACT - PRICES. PROFITS
Industry
'
Beef Feedlots
Dairy Feedlots
Hog Feedlots
Percentage Change
In Prices
BPT Only BPT and BATQ
1977 1983
.08 .1
.37 ^.43
.6 .70
Percentage Change
In Profits
BPT Only BPT and BATa
1977 1983
-25. -5.
N.A. N.A.
-20. -20.
a. Percentage difference from baseline in 1983.
BPT: Best Practicable Control Technology currently available.
BAT: Best Available Demonstrated Control Technology.
Source: NCWQ. From Development Planning and Research Associates, Inc.,
"Economic Impacts of Water Pollution Control Act of 1972 on Selected
Food Industries," Vols. Ill, IV, VI, VIII and IX. 1976.
The anticipated impacts in terms of plant closures (extracted from Table
III.D.6, p. 111-78 of the same source) are given in Table 3.
TABLE 3. DISTRIBUTION OF INDUSTRIAL IMPACTS - PLANT CLOSURES,
SUBCATEGORIES AND PRODUCTS
Industry
Beef Feedlots
Dairy Feedlots
Hoo Feedlots
Number of
Plant ,
Closures
BPT/1977
7,300-
15,800
15,500-
33,500
13,700-
27,400
Percentage
of Capacity
BPT/1977
(
1 to 3%
2 to 5%
2 to 5%
Number of
Plant
Closures
BAT/ 1983
\ Incremental)
800-
1,200
690-
1,000
1,460-
2,800
Percentage Most
of Impacted
Capacity Subcategory
'
-•
< 1% Less than
500 head
< 1% Less than
100 head
< 1% Less than
1 ,000 head
1- Difference in number of plants projected with and without P.L. 92-500 in
1977.
Source: NCWQ. From Development Planning and Research Associates, Inc.,
"Economic Impacts of Water Pollution Control Act of 1972 on Selected
Food Industries"; Vols. Ill, IV, VI, VIII and IX. 1976.
179
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Letters from two cattlemen are quoted. They explain, as no financial(
balance sheet alone could, why there is still meat on the American table.
"It was our unfortunate experience to have built our feedlot almost on
the banks of the Sun River. This was done before all these environmental
problems were realized. We have built a lagoon between our feedlot and the
river large enough to handle a 24 hr 25 year rain run-off.
I have no quarrel with the regulations or agencies of our state on these
requirements. I really question whether it was necessary to make our lagoon
as large as it is, however. I also question if there will be very much run-
off go into the lagoon.
These agencies have been very cooperative in allowing time to get these
projects completed.
As far as any hindrance of any kind in our feeding operation, they have
not bothered us at all. Deadlines were set and when it became impossible to
meet them more time was granted.
My feeling is that if we as business people cooperate with the regula-
tory people we can get along. , It is the one that bows his neck and refuses
to recognize a problem that finds himself in trouble."
"We had topographical problems with our feedlot which made work diffi-
cult. Having established the feedlot site in 1959, before EPA, we located
in an area where drainage was excellent but storage capabilities were very
limited. As a result, to get into compliance we have done a great deal of
diking, damming, and water-line work, including installation of two pumping
units and several thousand feet of 4" water line. We presently have a very"
satisfactory setup. Our water retention reservoirs probably would contain
up to twice the run-off from the required capacity needed to contain a 10-
year storm (2.2 inches in a 24 hour period.) Since we could actually be
pumping during the course of a storm we feel that our system is more than
adequate. Excess water is pumped from dam site to nearby fields for irriga-
tion use.
i
Because of the fact that our lot capacity is not great, approximately
4,000 head, costs have been high on a per capita basis. Although it is im-
possible to tie down a cost figure, I am sure that we have invested a minimum
of $10.00 per head in our runoff control system. Most of the dirtwork was
done with our own equipment, but trenching was hired. Some work had to be
redone because of trying to do too little in the first place.
I feel that the Staff of the Water Quality Control Board were very co-
operative with us during some rather trying situations. They could have been
much tougher than they were, but as long as we were acting in good faith,
they went along with us. To a certain extent we were learning together how
to handle a difficult problem. We made some false starts but eventually
solved the problem.
180
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I don't feel that the EPA regulations concerning runoff from feedlots
are unreasonable. If we are going to protect the environment we have to do
it at all levels of industry and society. There will always be some added
cost in this effort, but now that we know the requirements are there, we can
plan to solve them from the beginning, rather than having to revamp struc-
tures that were previously built. Site location will become more important
in the future as an industry tries to select areas which most readily adapt
to environmental requirements. Obviously, this could reduce desirability of
locating feedlots in certain areas, and so have a limited economic impact on
those areas."
Consideration and cooperation on the part of the regulating agencies has,
fortunately, been almost universal. A few cases did, however, emerge where
coercion replaced cooperation as the strategy chosen to implement the regula-
tory scheme.
In a state which has an excellent record of cooperation and accomplish-
ments at the state level, the'counties have concurrent jurisdiction with the
state in the enforcement of air pollution control regulations. State law
provides an exemption from the requirement of obtaining a permit for "any
equipment used in agricultural operations in the growing of crops or the rais-
ing of fowl or animals." The local air pollution control officer has attempt-
ed for three years to first locate, and then require a permit for, several
feedmill operations that are located in feedlots. In many cases the pollu-
tion created by these feedmills is so minimal that they cannot be located.
Nonetheless, the local officer, supported by an advisory opinion of his local
legal staff is proceeding unyieldingly. Given the choice between narrowly
or broadly interpreting the statutory exemption, the local official has
chosen to require permits even though the feedmills are very minor sources of
air pollution. In so doing he has lost the respect of the Vocal stockmen who
no longer possess the spirit of cooperation and compliance that had been
present earlier.
\
The dairy industry is the segment of animal agriculture which has been
most seriously buffetted by the spate of environmental regulations of the
past decade. This is, of course, a consequence of the necessity of preserv-
ing a sanitary milk supply. A beefsteak or a pork chop still on the hoof may
wallow in manure with impunity; milk must not be contaminated. In many states
some agency is charged with enforcing a regulation forbidding the storage of
manure near a dairy barn; another has a regulation forbidding spreading of
manure on snow or frozen ground.
Dairy farms tend, in general, to be closer to towns. Thus, their neigh-
bors are more fastidious. Washwater adds to the volume of effluent — and
thus to the volume of the holding ponds and the acreage of the spreading
land required. Access to streams is frequently a problem in the lust bottom
land meadows which-are otherwise so desirable for grazing. Many small dairies
were, in fact, encouraged to locate on streams a quarter century ago. They
now find themselves unable to acquire the land necessary for waste disposal —
and would be unable to afford it if it were available.
181
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And, finally, there is the array of non-dairy substitutes for everything
the dairyman produces except, perhaps, his fees and taxes.
The National Milk Producers Federation observed in a release of 9 October
19731 that
... 10 percent of the dairy farmers in Connecticut
went out of business in the last year. Similar patterns
have been experienced throughout the United States. In
Pennsylvania, approximately 2,000 dairymen have left the
business of producing milk in 1973 and another 1,500 dairy
farmers have quit the business in Wisconsin since January
1, 1973. We estimate that nationally, approximately 10,000
dairymen may have left the business of producing milk in 1973.
The imposition of the proposed effluent guideline limitation
standards, unless changed or greatly modified, will result in
many more dairymen opting to leave the milk production business
because of other available alternatives which are more economi-
cally attractive ...
Furthermore, milk production cannot be turned on and off.
Milk production is a business that requires a high investment
per unit of production. It requires specialized equipment and
a high level of management. It takes a long time to bring milk
production down during periods of over-production. In the same
manner, once milk production begins to fall, it is difficult to
turn around. Recent dramatic milk production declines can be
attributed to a lack of adequate economic incentive to keep milk
producers in business or attract new operators . . .
In summary, the economic impacts of state environmental regulations are
difficult to quantify on a rational basis. Nonetheless, the impact on the
small or marginal producer is severe. In addition, administrative personnel
in state environmental agencies are often not familiar with the very intri-
cate and delicate structure of American animal agriculture. This, in turn,
results in occasional overzealous implementation and enforcement where cooper-
ation could have resulted in compliance without serious displacement of con-
fined animal feeding operations. The result in these cases is one of unnec-
essary damage to animal agriculture. ,
References on Economic Impact
(1) Badger, D. Economics of Substitution and the Demand for Beef Feedlot
Wastes: One Alternative for Solving Environmental Quality Problems.
Managing Livestock Wastes. ASAE, 1975. pp. 30-32.
1 Letter from National Milk Producers Federation to Mr. Philip B. Wisman, EPA
Information Center, 9 Oct. 1973, p. 4.
182
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(2) Baker, M. Economics of Alternative Beef Waste Management Systems
Managing Livestock Wastes. ASAE, 1975. pp. 37-40.
(3) Barth, C. L. Laws, Regulations and Manure Management. Presented at the
annual meeting of the Southern Association of Agricultural Scientists,
Feb. 8, 1977. 8 pp.
(4) Buxton, B. M. and S. J. Ziegler. Implications of-Selected Non-Point
Source Pollution Regulations for U. S. Dairy Farms. Managing Livestock
Wastes. ASAE, 1975. pp. 57-60.
(5) Byrkett, D. L, Taiganides, E. P. and R. A. Miller. Effects of Environ-
mental Legislation on Cattle Feedlot Location. Managing Livestock
Wastes. ASAE, 1975. pp. 45-48.
(6) Connor, L. J. and J. B. Johnson. Economic Research Pertaining to Prob-
lems of Livestock Waste Management and Pollution Control. Managing
Livestock Wastes. ASAE, 1975. pp. 33-36, 40.
(7) Denit, J. D. Feedlot Effluent Limitations Based Upon Exemplary Opera-
tions. Managing Livestock Wastes. ASAE, 1975. pp. 61-63.
(8) Forster, D. L., Connor, L. J. and J. B. Johnson. Economic Impacts of
Alternative Water Pollution Control Rules on Beef Feedlots of Less than
1,000 Head Capacity. Managing Livestock Wastes. ASAE, 1975. pp. 41-
44, 48.
(9) Gambell, E. L. Agricultural Legislation's Potential in Reducing Dis-
charge of Pollutants. Water Resources Bull. Dec. 1976. 12:1171-1179.
(10) Griffin, W. L. ' Costs of Water Pollution Control Measures for Cattle
Feedlot Operations, Texas High Plains, 1968. Thesis for M.S. Degree,
Texas Tech, May 1969. 146 pp. (Texas Tech Libr. AC 805 T3 1969).
(11) Harper, J. M. and D. Seckler. Engineering and Economic Overview of
Alternative Livestock Waste Utilization Techniques. Managing Livestock
Wastes. ASAE, 1975. pp. 22-25.
(12) Johnson, J. B. and G. A. Davis. Economic Impacts of Implementing EPA
Water" Pollution Control Rules on the United States Beef Feeding Industry.
Managing Livestock Wastes. ASAE, 1975. pp. 49-52, 60.
(13) Johnson, J. B. ejt al_. Economic Impacts of Controlling Surface Water
Runoff from Fed-Beef Production Facilities. USDA, Agricultural Economic
Report No. 292, July 1975. 39 pp.
(14) McCaskey, T. A. et al_. Water Pollution by Dairy Farm Wastes as Related
to Method of Waste Disposal. Auburn University Water Resources Rsch.
Inst., 1973.
183
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(15) Schaffer, W. H., Casler, G. L. and J. J. Jacobs. Economic and Environ-
mental Aspects of Daily and Annual Dairy Manure Spreading Systems in a
Small Watershed. Managing Livestock Wastes. ASAE, 1975. pp. 53-56.
(16) Slane, T. C. et^ al_. An Economic Analysis of Methane Generation Feasi-
bility on Commercial Egg Farms. Managing Livestock Wastes. ASAE, 1975.
pp. 26-29.
(17) U. S. Congress 93rd Congr., 2nd Session.' Potential Effects of Applica-
tion of Air and Water Quality Standards on Agriculture and Rural Develop-
ment. Committee Print, Subcommittee on Rural Development of the Senate
Committee on Agriculture and Forestry, 2 Jan. 1975. pp. 125-284.
(Several lists of further references are included in this publication.)
(18) Van Arsdall, R. N. et. aj_. Economic Impact of Controlling Surface
Water Runoff from Point Sources in U. S. Hog Production. USDA ARS.
Agric. Econ. Rpt. 263, 1974.
184
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SECTION 7
THE INFLUENCE OF STATE LAWS AND REGULATIONS
ON 208 PLANNING
"Sec. 208. (a) For the purpose of encouraging and facilitating
the development and implementation of areawide waste treatment man-
agement plans [organizations shall be designated to prepare plans
which will include] (b)(2)(F) a process to (i) identify, if appro-
priate, agriculturally...related nonpoint sources of pollution,
including runoff from manure disposal areas, and from land used for
livestock and crop production, and (ii) set forth procedures and
methods (including land use requirements) to control to the extent
feasible such sources...[and] (K) a process to control the disposal
of pollutants on land or m subsurface excavations within such.area
to protect ground and surface water quality..."
— P.L. 92-500
None of the state and few of the "areawide" 208 agencies designated to
study nonpoint sources of pollution had completed their tasks by mid-1977.
Many had, however, drafted plans for their studies and assessed the problems
most critical in their jurisdictions. The lists of problems compiled by these
agencies varied widely with population intensities, climate, and land struc-
ture. Municipal storm drainage flows, septic tank seepage, acid mine drain-
age, or irrigation return flows tended to head various lists when drawn up
in order of urgency. In fact, a good case could probably be made for the
assertion that the most critical threat which remains of pollution from ani-
mal wastes is that from the first flush of a city storm sewer carrying the
droppings of pigeons, other birds, dogs, cats, mice, rats, and other city-
dwelling animals.
The problems involving animal waste disposal which have been stated to
be of concern to various 208 agencies include the following:
1) the possibility of excessive nitrates and/or salts leaching to ground-
water from manure storage areas or from manure spread on agricultural land
beyond the capacity of the vegetation to utilize the offending components;
2) the possible contribution of phosphorus to lakes or ponds from manure
on pastures or crop land;
3) the spreading of manure on snow-covered slopes;
4) the wintering of livestock in mountain valleys;
5) the maintenance of access, by livestock, to surface water; and
6) fecal contamination of agricultural drainage ditches.
185
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Remedies for these problems would usually be costly to the livestock
owner, yet the financial return to him from their correction would often be
negligible.
v
If a zero-discharge policy were to be adopted the effect on groundwater
could well be worsened since time available for infiltration would be in-
creased.
Where precipitation exceeds the sum of evaporation plus seepage the
difference must inevitably be discharged. Many state codes cover this case by
requiring that all discharges meet the standards established for municipal
sewage. Such requirements, if strictly enforced, would placeman intolerable
financial burden on pasture operations and on land spreading of manure.
Spreading with prompt injection, if performed during the dry season, might
still be feasible. Thermochemical processing or other utilization of the
manure might, in some cases, allow some segments of the livestock industry
to survive. This alternative will be explored at greater length in Section
9.
/•"
Where precipitation is less than the sum of potential evaporation plus
seepage, discharge can, at least theoretically, be prevented by providing
appropriately located storage ponds of adequate size. Costs would include
those of construction and maintenance plus those of the opportunity foregone
in dedicating land to use for evaporation ponds.
In arid and semi-arid areas, where the excess evaporation potential is
large, a policy of zero-discharge might appear to be physically and economic-
ally feasible. In such settings, however, even polluted water has value.
If the "pollutants" are crop nutrients, as would be the case with runoff
from pastures or manure-spread fields, the "polluted" water would often be
of more value to a downstream irrigator than would "unpolluted" water.
/
The legal obstacles to the application of a zero-discharge requirement
to pasture land or to land on which manure had been spread would be quite
substantial. If storage of large quantities of water be involved, dams and
reservoirs as well as diked areas would be necessary. The former would
require permits which, in turn, would require environmental impact assess-
ments. The water withheld, even if not subject to appropriation, may well
be contributory to a navigable waterway. In this case, precedents exist for
denying the withholding of the water. The City of Chicago has spent years
in the federal courts in litigation over the diversion of water from Lake
Michigan via the Chicago Sanitary Canal to a tributary of the Mississippi
River. Despite the fact that the purposes of this diversion included the
protection of the municipal water supply, provision of a navigable waterway
linking the Great Lakes and the Mississippi, and the generation of hydro-
electric power the courts have held that the small fraction of a meter of
additional depth in the Great Lakes forfeited by this diversion was an inviol-
able consideration. Supreme Court decisions in interstate disputes between
Colorado and Kansas over waters of the Arkansas, Colorado and Wyoming over
waters of the North Platte, Massachusetts and Connecticut over waters of the
Connecticut, etc. have established legal precedents which would certainly be
involved if some agency were to require that normal runoff from pastures and
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spreading areas be diverted or withheld.
&'
Concern is, in fact, being expressed over such a contingency in Wyoming
at present. As explained by the Hon. Dean T. Prosser, Jr., member of the
Wyoming Legislature, a court has ruled "in regard to an EPA requirement upon
the Husky Oil Company saying that they would either have to clean up the
discharge material to meet federal standards of remove the effluent away from
the drainage basin. The point of law that was of concern at the trial was
whether Husky Oil had the privilege of choosing between the two alternatives
or whether they had to clean up the effluent to meet EPA standards. The
decision of the court ruling was that Husky Oil had the choice of the two
alternatives and as a result of that ruling, Husky Oil has decided to remove
the sewage effluent some seven miles out of the drainage basin and evaporate
in evaporation ponds. This decision is of course most important, because the
return water is lost to down stream irrigators. Although the amount of water
lost in regard to the Husky decision is not of great importance, the real
concern now is if the same decision were to be made by the City of Cheyenne
some time in the future, then the loss to downstream irrigators would be
disastrous."1
Litigation could also be confidently anticipated if regulations were to
be promulgated which required the fencing off of all draws, brooks, or other
minor tributaries flowing through pastures. Such a requirement could easily
be interpreted as constituting expropriation of agricultural land.
Fortunately, at present nearly all the nonpoint animal waste problems
are being handled quietly and effectively through educational activities and
through reasonable interpretations and requirements administered by competent
individuals in the enforcement agencies. Dogmatic insistence on unrealistic
goals by overzealous enforcers of present law could be catastrophic to agri-
culture -- and thus to all who eat.
Personal communication. April 15, 1977.
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SECTION 8
THE REFEEDING OF MANURE
Manure has nutritive"values which can be realized by direct refeeding
with a minimum of processing. Chickens and many animals thrive on the rein-
gestion of their own feces, sometimes after a period in which bacterial alter-
ation can increase the vitamin content markedly (1). Rats are reported (2)
to have "a voracious appetite for feces. Even though a diet complete in all
known required nutrients is fed, the rat will recycle approximately 35-50
percent of his feces." When deprived of access to them for a period of sev-
eral weeks growth ceases, weight losses occur, and death follows (3).
Many interesting studies have been carried out on the refeeding of dried
poultry wastes (DPW) as a portion of the ration of laying hens. While the
literature contains many conflicting reports and opinions on the value of DPW
as a feed component, it would appear that it is a low-energy product which is,
however, a good source of phosphorus and amino acids. In tests at Michigan
State University the material has been used through 35 cycles as 12.5 percent
and as 25 percent of hens' rations without detrimental effects. Performance
and efficiency of egg production (in number of eggs per pound of feed) appear
to be better when DPW is 10-20 percent of the ration than when it is omitted
or when it exceeds 25 percent. As a means of manure disposal, refeeding is
not too effective as the hens tend to eat more total feed to compensate for
the low energy and then produce more manure.
The feeding of poultry litter (which consists of poultry manure added
to wood shavings, sawdust, straw, bagasse, or other organic waste) to rumi-
nants has often been successful.
"Organic waste from ruminants," Brady Anthony, the outstanding success
among refeeders, has stated, "has a chemical constitution similar to the feed
ingested and, in addition, is enriched by the presence of an abundance of
rumen microbial matter. Organic waste as it js voided by ruminants is a
fermentation product biologically safe for animals and it has none of the
characteristics of organic waste products generally classified under the
heading 'filth'" (4). In a number of papers over the years Anthony has
described his program as it has evolved. Briefly, it consists of collecting
fresh steer manure from a concrete slab, mixing it with coastal burmudagrass
and ensiling the mixture. The ensilage is blended with corn and supplements
for refeeding. Complete disposal may be attained by feeding the excess to
sheep or brood cattle on pasture where sufficient area is available for natu-
ral disposal.
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Frank Senior, consulting engineer for Feed Recycle, Inc., has success-
fully (12,13) produced a component of cattle feed from feedlot manure by
first separating the manure, by means of a centrifuge, into a fibrous material
and a liquid which contains protein in concentrations as high as four percent
(14). Further concentration produces a cake which, on drying, yields a feed
supplement that looks much like quick-freeze coffee. Some 240 Ib of protein
can be salvaged from each ton of dry manure in this manner. The fibers also
have value for refeeding or as fuel. Results of toxicological tests conducted
in July 1973 on steers whose ration had included about eight percent of Feed
Recycle protein pellets were highly encouraging.
Refeeding is a subject beset with problems -- a few legitimate, many
hysterical. It is banned by edict of the Food and Drug Administration in
interstate commerce. Certain precautions are obviously advisable to prevent
the spreading of animal diseases and the accumulation of drugs, antibiotics,
and perhaps other detrimental materials. It is difficult, however, to recon-
cile the facts that many, if not most, animals are naturally coprophagous,
and that the drugs so feared were legally fed to the animal which produced
the manure, with an inflexible prohibition of refeeding rather than a reliance
on meat inspection which is, in any event, already required. That many of
the states share this philosophy is evident from the fact that, beginning
with California in 1974, a number of them have adopted provisions legalizing
the feeding of processed manure to livestock. California's experience with
refeeding has been highly satisfactory.
James W. Helmer, Program Supervisor, Agricultural Chemicals and Feed,
Department of Food and Agriculture, stated:
"California has had regulations covering the-recycling of
animal waste for about three years, and to date has found
them to be effective in producing a safe and useful feed
ingredient.
We require monitoring and analyses on a tonnage pro-
duction basis. The processor is required to keep a record
of these assay reports which include checks for pathogens,
heavy metals, pesticides, and drug residue as well as
mycotoxins. The products are also randomly sampled and
checked by the Department of Food and Agriculture.
To date we have not found any pathogen contamination
or dangerous or illegal levels of pesticides or drugs.
The biggest problem some processors have is product
variability. Uniformity of animal waste depends greatly
on time and method of collection and type of pasteurization
process. Excessive nitrogen may be lost by composting if
this is not done properly. However, processors are contin-
ually upgrading their processing procedures and we feel
this will result in greater product uniformity" (15).
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Dr. Lei and M. Larsen, of Nutri-Systems, wrote:
"I work as a nutrition consultant to several layer
operations within the State of California. Three of
these operations are currently selling processed poultry
waste for use as a livestock feed. In one case the pro-
ducer is also utilizing his own product for recycling back
to his own laying hens. In the case of all three producers
of DPW I feel that state regulatory officials have been very
much involved in checking out their process to make sure that
it is meeting the state requirements. In a couple of instances
high levels of copper found in the processed DPW caused us
to go back to reduce added copper levels in the lay feed in
order to control copper levels in the finished DPW product.
Though I do not peruse a large number of laboratory assays,
it would appear as though the three producers that I work
with are producing a product that is within the requirements
of the California state regulations. I, of course, cannot
speak for other producers with whom I do not work. The two
producers that have been selling DPW for the longest period of
time have a reputation among users for producing a product
that is high in quality and seems to meet their needs very f
well" (16).
i
E. H. Whitcomb, Nutritionist, H & N, Inc., wrote:
"The Feed Quality Control Committee of the P.E.P.A. [Pacif-
ic Egg & Poultry Association] has been interested in the recycl-
ing of animal waste into animal feed for a long time. In fact,
it has been an item of discussion at nearly every committee
meeting I have attended. I agree with what appears to be the
opinion of most of the committee members concerning recycling
or refeeding animal wastes and that is that some regulation
is essential. Properly dried and carefully handled animal
wastes are of considerable value to ruminant feeders and pro-
vide an excellent way of salvaging nutrients in poultry manure
that would otherwise be wastes. On the other hand, careless
or irresponsible handling would create problems that would more
than cancel any economic benefits. We are concerned with
rapid multiplication of micro-organisms such as Salmonella and
with accumulations of toxic drugs or heavy metals. I believe
regulations should be designed and enforced to ensure that
this feed ingredient starts out and stays wholesome and nutri-
tious.
The problem with most codes or regulations when they are
first written is that they are ultra conservative, almost to
the point of being impractical. Once written, it is usually
a real hassle to get them amended as though it is a terrible
risk to remove or reduce a restriction. Writers of regula-
tions always assume if something can go wrong, it will go
wrong.
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I believe that the problem has been well handled in
California without a great deal of difficulty. The use
of recycled waste started slowly and cautiously but expanded
under careful supervision and cooperation between the pro-
ducers, the feeders and the state officials" (17).
In many of the Southeastern states it has long been the practice for pro-
ducers with cow-calf operations to include broiler litter in the feed ration.
/*
It is probable that more states will adopt regulations governing the
refeeding of manure, and that the many states which now have such regulations
will be modifying them as further experience and research establish the safety
of practices not now permitted.
j
<
References
(1) Rubin, M. and H. R. Bird. A Chick Growth Factor in Cow Manure. Jnl.
Biol. Chem. 1946. 163:387-400. Poultry Sci. 1947. 26:309-310, 439-441.
(2) Barnes, R. H., Fiala, G. and E. Kwong. Decreased Growth Rate Resulting
from Prevention of Coprophagy. Federation Proc. 1963. 22:125-128.
x
(3) Daft. F. S., ejt al_. Role of Coprophagy in Utilization of B Vitamins
Synthesized by Intestinal Bacteria. Federation Proc. 1963. 22:129-133.
(4) Anthony, W. B. Cattle Manure: Re-Use Through Wastelage Feeding. Proc.
Cornell Univ. Conf. on Agric. Waste Mgmt. 1969.J pp. 105-113.
(5) Anthony, W. B. Utilization of Animal Waste as a Feed for Ruminants.
Proc. Symp. Mgmt. of Farm Animal Wastes. 1966. pp. 109-112.
(6) Anthony, W. B. Manure-Containing Silage -- Production and Nutritive
Value. (Abst.). Jnl. Animal Sci. 1967. 26:217.
(7) Anthony, W. B. Wastelage — A New Concept in Cattle Feeding. (Abst.).
Jnl. Animal Sci. 1968. 27:289.
(8) Anthony, W. B. Animal Waste Value — Nutrient Recovery and Utilization.
Jnl. Animal Sci. 1971. 32:799-802.
(9) Anthony, W. B. Cattle Manure as Feed for Cattle. Proc. Intl. Symp. on
Livestock Wastes. 1971. po. 293-296.
(10) Anthony, W. B., Cunningham, 0. P., Jr. and J. C. Renfroe. Ensiling
Characteristics of Various Feedstuffs and Animal Wastes. (Abst.). Jnl.
Animal Sci. 1973. 36:208.
(11) Anthony, W. B. and R. Nix. Feeding Potential of Reclained Fecal Residue.
Jnl. of Dairy Sci. 1962. 45:1538-1539.
\
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(12) Senior, F. C. Evaluation of Economics: Feed Recycle Inc. Unit at
Colorado River Yard Showing Cash Flow, Costs, and Break-Even Chart, and
Derivation of Rational Toll. F. C. Senior, Phoenix. 1973.
V
(13) Senior, F. C. The Feed Recycle Process. Proc. Symp. on Uses of Agri-
cultural Wastes, Regina, Sask. 1974. pp. 12-25.
(14) Anon. Feed Recycling Showing Promise. CALF News v. 11, Jan. 1973.
pp. 28, 29, 52.
(15) Helmer, J. W. Personal Correspondence. 24 November 1976.
(16) Larsen, L. M. Personal Correspondence. 15 November 1976.
(17) Whitcomb, E. H. Personal Correspondence. 11 November 1976.
192
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SECTION 9
POTENTIAL LEGISLATIVE NEEDS AND ANIMAL
RESIDUE CONVERSION PROCESSES
by
W. J. Huffman*^
Introduction
^ •llll» | •!•,!• !.•, _,| „
/
A very thorough discussion of conversion processes for animal "wastes"
was published by G. A. Whetstone, et.al. (1) in 1974. This state-of-the-art
compilation was concerned with the processing methods for animal waste manage-
ment and included the status of land spreading, bio-and thermoconversion pro-
cessing for oil, gas, and/or char, and bioconversion for ultimate refeeding
and soil conditioning. The purpose of this review is to assess the potential
institutional practices regarding the use of these processes and to update
the status of bioconversion and thermoconversion technology for oil and gas
production. Particular attention is given to the production of oil and ga*s
because of the energy deficiency that faces the United States and the poten-
tial that such processes may provide in supplementing energy-demands.
i.
This review will discuss technology in terms of the Fuel From Bionass
Program that exists within the Energy Research and Development Administration
(ERDA) and is currently under the direction of R. F. Ward (2). It is clearly
recognized that related research is being conducted by other state or federal
agencies, but a review of this major program is thought to provide a suffi-
cient assessment of the technology status. This review does not discuss all
projects within the biomass program but instead attempts to provide an update
on those projects which are approaching commercialization and thus to provide
a glimpse of new developments in biomass utilization. A thorough review may
be obtained from the proceedings of the "Fuels From Biomass Symposium," held
at the University of Illinois in April, 1976, which is to be published under
sponsorship of the aforementioned ERDA program.
Finally, before proceeding with this review, it is important to note that
the Fuels From Biomass Program does not classify animal by-products (manure)
as "waste". Instead, these by-products are classified as "residues". The
latter classification is employed because these agricultural by-products do
have some existing uses (e.g., land spreading for fertilizer). The uses may
be quite small in some instances, but, in any case, this classification
*Associate Professor of Chemical Engineering, Texas Tech University.
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recognizes that a developing technology must ultimately compete with the exist-
ing markets to obtain its feedstock. Residues can be secured as a feedstock
only by actually paying the owner of said residue. A material is classified
as "waste" when the material has no existing use or when the existing owner
would be willing to pay to have someone take the material from his site.
Municipal solid waste is an example of such a material. In general, animal
by-products do have current market potential or real value to the owner and
they are, therefore, classified as a residue.
(
Institutional Factors
Regardless of the end-use, there are several potential institutional
factors which could affect an extensive use of agricultural residues. These
include existing laws, regulations, and/or the interpretations thereof. Most
of these factors would be centered around transportation of said residues. On
the whole, this section only identifies possibilities; laws and regulations
are outside the author's professional experience.
Transportation Factors
First of all, residues would probably have to be classified for rail
transport if extensive utilization were to be practiced. The materials would
have to be designated as a finished product, intermediate, or raw material.
The latter is desirable for low rates. But, current rulings dictate that
scrap metal be transported at high rates comparable to finished products;
this works to the detriment of scrap metal utilization. Whether or not the
same would be true for residues remains to be established.
Inter- and intrastate transportation restrictions, if any, must then be
defined for these residues. The main consideration in this case is the possi-
ble transfer of disease (human and animal) and undesired or noxious plants
from one sector to another. Sterilization practices might be specified and
these could, in turn, affect the transportation rate structures noted above.
Furthermore, these aspects might then require that the chemical and biological
content of the residues be determined and specified. Existing regulations of
both state and federal departments of agriculture would have to be carefully
assessed before these aspects could be defined. A review of individual state
regulations suggests that interstate transport has not been considered.
Restrictions on intrastate transport are not specified either.
Processing Factors
It is probable that residue processing plants would have to meet any and
all restrictions on industrial ventures. However, there are some aspects
which remain to be defined.
One of these is that some states exempt agricultural "wastes" from solid
waste disposal acts. The collection and storage of huge amounts of agricul-
tural residues"for efficient, economical plants (450-1800 metric tons per day;
500-2000 tons per day) would probably require a change in such laws. That is,
storage of said feedstocks implies significant point sources of pollution.
194
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Furthermore, some regulations on "solid waste" require that no material
be held in place more than 24 hours prior to processing. These types of regu-
lations are being changed as more ar)d more resource recovery is practiced,
but the fact that such regulations do exist must be recognized.
Perhaps, despite ERDA's definition, the most important factor is whether
or not state and federal regulatory agencies would classify agricultural by-
products as "residue" or as "waste". This definition could affect the inter-
pretation of existing laws and regulations. It is also probable that odor
control, not just from manure, would have to be assessed in detail because
anaerobic digestion of a stockpiled feedstock could be a tremendous source
of odor and must be subject to control.
It is^hoped that this qualitative assessment will provide some insight
into the pitfalls and needs of resource recovery in general and, specifically,
utilization of agricultural residues.
Technology Update - Microbiological
and Thermochemical Processes
As noted and emphasized in the reference compilation of 1974 (1), the
utilization of cattle manure to produce oil and gas products is projected to,
and probably will, require large concentrations of cattle to supply large
plants (450-1800 metric tons per day; 500-2000 tons per day). These plants
are capital-intensive. It is significant to note that no large-scale venture
of this type has been undertaken for the production of some form of energy,
except in the area of municipal solid waste where the disposal of the waste
is of primary concern. The need fqr significant large-scale development,
capital investment, and the uncertainty about federal government pricing
policies has probably contributed to the overall lack or utilization. Never-
theless, it is important to note that one Request-for-Proposal (RFP) through
the aforementioned Fuels From Biomass Program has been announced for a micro-
biological process using cattle feedlot manure and one is expected on a ther-
mochemical gasification process within the next few months. Another has just
been released for combustion. Each of these plants will have a production
capacity exceeding 9 metric tons per day (900 metric tons per day for combus-
tion) and should provide a much needed data base for economic assessments.
It is further noted that an oil-from-municipal-solid-waste demonstration
plant (San Diego, Calif.; > 90 metric tons per day; 100 tons per day) and an
oil-from-wood-chips plant (Albany, Oregon; > 2.7 metric tons per day; 3 tons
per day) are scheduled for start-up in 19777 These are sponsored by the Envi-
ronmental Protection Agency in concert with Occidental Chemical and the City
of San Diego and the Energy Research and Development Administration, respec-
tively. These two installations employ two different thermochemical techno-
logies. The results should provide a significant data base regarding scale-
up of process technology as well as data for economic analysis. The results
will be of major interest to those involved with agricultural by-product uti-
lization because, except for feed preparation, the installations involve gene-
ral thermochemicaT processing technology of cellulosic solids.
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With these two non-manure processes due on-stream in 1977 and the three
RFP's developed by ERDA, it is clear that the utilization of biomass (residue
and waste) will have undergone a significant step and critical review within
the next five years. Successful demonstrations of these plants should lead
to a serious consideration of the utilization of manure and other agricultural
(and most probably silvicultural) residues. Thus, the need to establish regu-
lations and laws, as noted above, becomes an item of critical importance.
i,
Microbiological Processes
The two major areas of research and development within microbiological
processing in the ERDA program are fermentation and anaerobic digestion. The
former is directed mainly at the'product!on of organic chemicals (e.g., ethyl
alcohol) while the latter is concerned with the production of a substitute
for natural gas. The ERDA RFP on a microbiological process employs the diges-
tion technology for the production of a medium-energy gas (ChU plus C02). A
good summary of the technology to be used in developing the proposed RFP dem-
onstration plant is the recent work by Dynatech R/D Co. (3). This summary is
not the basis for the RFP, but is cited therein along with a few other ref-
erences; these references include the work of Pfeffer and his colleagues over
the past few years (e.g., 4).
In general, the Dynatech analysis showed that a medium-energy gas (5340
cal/liter on a dry basis; 600 BTU/SCF) could be produced from an environmental
cattle feedlot (one in which the cattle are held in an enclosed space with
collection via droppings through slats) for an investment of approximately
$3630 per daily metric ton from a 10,000-head lot. Gas cost was $0.18 per
cu.m. ($5.17 per MCF) for this small production or demonstration unit (320
metric tons per day; 13% solids). The economy of scale that is necessary for
competitive marketing or utilization is illustrated'by the fact that gas cost
decreased to $0.08 per cu.m. ($2.25 per MCF) when feedlot size increased to
100,000 or more cattle. If the effluent sludge were to be sold as a feed
material, gas cost would drop to approximately $0.02 per cu.m. ($0.50 per MCF)
for > 100,000 head when no additional treatment or transportation of the
sludge is required. Fertilizer credit for the effluent sludge did not reduce
the gas cost below the federally regulated price of gas (approximately $0.05
per cu.m. or $1.50 per MCF; 1977) even-when cattle feedlots in excess of
100,000 head were considered, using standard (stirred tank) technology. The
use of the more common dirt and concrete pad feedlots was almost totally non-
competitive at the 10,000-head size with gas costs of approximately $0.78 and
$0.46 per cu.m. ($22 and $13 per MCF), respectively. This difference in costs
is due largely to feed preparation and the decrease in degradable solids from
dirt and concrete lots.
The digester for the environmental feedlot plant contributed 13% of the
gas cost, labor 37%, manure 11%, and gas compression 10%. Hold-up or resi-
dence time of the digester was optimized at 8 days with an operating tempera-
ture of 60° C.
The Dynatech analysis also includes a thorough review of available tech-
nology with 209 references. Perhaps the most important technical aspect of
the reviewed data is that a consistent Arrhenius type of reaction kinetics
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correlation could be developed for the digestion from nine different data sets
over a temperature range of 15°C - 60°C using six different feedstocks. The
nine data sets were generated between 1962 to 1975; this is considered to be
an excellent statement of the maturity of this technology. For first-order,
digestion kinetics based upon volatile solids content, the energy of activa-
tion was 15,175 cal/mole with a pre-exponential factor of 5.92 x 109 days -1.
These kinetic data were incorporated into a computer model and employed to
develop the design and economics of the digester discussed above.
Jewell (5) has developed new technology for digestion using an immobi-
lized medium. When the immobilized bacteria are operated in the mode of a
fluidized bed, which is used in some thermochemical conversion schemes, Jewell
reports that only a 6-12 hr. retention or digestion time is required, compared
to the 8-day (possibly as low as 3-day) digestion using the standard technol-
ogy presented above. This is a new concept for microbiological processing
with a relatively high degree of technology which borders on that of thermo-
chemical processing used in the petrochemical industry and in biomass conver-
sion. However, in our opinion, this is an exciting development for biocon-
version and is a potentially very promising reaction concept. It is hoped
that other researchers will also investigate the work that Jewell and his
colleagues have initiated. This is the type of innovative research that must
be carried out in universities to solidify the promise of fuels from biomass
that many others promote using standard technology.
Most fermentation technology is currently being directed toward the pro-
duction of liquid organic chemicals which could be used as intermediates in
the synthetic organic industry. However, most of this work is rooted in
standard biological chemistry and, as one researcher suggests, there is a
real need for innovative biochemistry (6).
/
Wilke (7) has introduced some different processing options in fermenta-
tion processes which do impact on the biochemistry. One of the more attrac-
tivejs the use of a vacuum for the removal of methanol. The removal of this
end-product apparently minimizes a product inhibition or thermodynamic equi-
librium restriction since, by immediately removing the product, methanol
production increased from 7 to 20 g/liter/hr. Wilke has also noted that re-
moving lignin from the feed improves the yield of methanol.
The refeed process developed by Hamilton-Standard (8,9) is also being
carried out within the ERDA program. This process is currently being scaled-
up (size uncertain) at the Monfort feedlot in Colorado.
The above represents a summary review of recent developments in microbio-
logical processing of biomass for fuels. The work of Jewell and Wilke sug-
gests that some new horizons may be forthcoming. This is most encouraging.
However, one must also recognize that current projected (not actual) costs are
high: * $0.09 for a cu.m. of gas; > $0.40 per liter of methanol ($2.50 per cu.
ft.; $0.80 per gal). Competitive pricing (to natural gas and oil) appears to
require the sale of both the "glamor" product (gas; organic) as well as the
oft-ignored sludge. Finally, one must always be aware of the microbiological
refeed processing experience that General Electric encountered between 1971-
1973 (10): the plant was shut down because the bacterial population could not
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be maintained on the long-term basis that is needed for an economical opera-
tion. Similar experiences are not unusual in sewage sludge plants but the
economics are not as crucial in this case, i.e., the waste must be disposed
of regardless of the cost. Finally, it is-noted that all the processes will
be large scale (several hundred tons per day) if they are to be competitive.
This requires large concentrations of cattle (* 100,000 head capacities)
within 40-80 km (25-50 miles) of the central plant.
Thermochemical Processes
Thermochemical conversion involves a broad range of process schemes and
chemistry and the options currently exceed those available to microbiological
systems. However, the options can be classified into a manageable group con-
sisting of: combustion, pyrolysis, partial oxidation, and solution phase
hydrogenation.
Combustion of biomass solids is generally recognized as an actual, com-
mercial technology which does not require any significant development. This
is true, but one must recognize some of the pitfalls that may be encountered:
corrosion from chlorides, high concentrations of nitrogen oxides, and exces-
sive particulates. These aspects were discussed in the reference review (1)
and need not be dwelt upon further. In general, combustion experience in the
U.S. with municipal solid waste has been largely positive (11) and the-same
may be expected for biomass. The level of confidence is aptly illustrated by
noting that the ERDA RFP on combustion of biomass is for 1000 tons per day
which is, essentially, a commercial venture for a 500 MW electric generating
plant.
At this time, there is no large-scale or demonstration work on pyrolysis
being sponsored by the ERDA fuels from biomass program. Bench-scale investi-
gations have been carried out in this area in the past as noted in the refer-
ence work (1). One may expect, in general, that the San Diego facility for
municipal solid waste, to be operated by Occidental (12) as noted earlier,
will provide a sufficient demonstration of pyrolysis technology and economics
for the production of an oil product from biomass. The same general plant
with an increase in operating reactor temperature could be used to produce a
substitute, low-BTU gas. Thus, strict pyrolysis technology using one design
can be considered to be firmly established with successful demonstration and
economics to be decided.
An alternate reactor design and feed concept for pyrolysis is being
developed by Garrett (13) on a pilot-scale (< 50 kg per hour; 100 Ib per
hour). The investigation involves the production of a low-energy gas for
small-scale applications (90 metric tons per day; 100 tons per day). A
variation of a multiple hearth furnace will be used as the reactor. One
novel feature is the use of air for combustion of part of the feed inside the
reactor without contaminating the generation of pyrolysis gas with nitrogen.
A successful demonstration of this feature will be an important improvement in
reactor design.
There are two processes being developed using solution phase hydrogena-
tion. One is for the production of a gas and the other of an oil. In the
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reference publication, this type of processing was identified as a reaction
with carbon monoxide. The discussion on mechanism will not be repeated here.
The process for production of oil was developed by the Bureau of Mines
(14). It has been scaled up and operation is scheduled to begin in 1977 under
the sponsorship of ERDA. The process pilot plant (Albany, Oregon) will ini-
tially be operated using wood chips from the local area. A successful demon-
stration would prove the feasibility of converting biomass in reactors operat-
ing at approximately 300°C with pressure exceeding 240 atin.
A process which uses similar chemistry at higher temperatures (about 600°
C) is also being developed by the Wright-Malta Corp. (with ERDA sponsorship)
for the production of a low-energy gas (15). The process is to be matched
with a novel power generation cycle for the direct production of electricity.
This process has the novelty of depending upon in situ carbon monoxide as
opposed to the Albany facility where carbon monoxide is to be added in rela-
tively large quantities.
The last type of thermochemical technology being developed is partial
oxidation. This work is being carried out by Texas Tech University using a
25-kg per hour (50 Ib per hour) pilot plant (16). The objective of this in-
vestigation is to produce an ammonia synthesis gas from cattle manure and
other biomass residues. The novel features of this work include the develop-
ment of a reactor design which is capable of producing a relatively high con-
centration of ethylene (5-9 kg ethylene per 100 kg reactable manure) in addi-
tion to the synthesis gas. Ethylene can be sold for about twice the value of
natural gas on an equivalent energy basis. The reactor conditions can also be
adjusted to produce a low-energy gas (2660-4450 cal per liter; 300-500 BTU
per SCF). New technology has also been developed by the Tenneco Corporation
which may permit the ethylene to be removed from the gas without the thermal
efficiency penalty of cryogenic processing. The reaction process has been
shown to be autothermal; hence, a relatively high overall thermal efficiency
may be expected from the technology (> 60%).
As noted in the reference publication (1), the generation of ammonia
synthesis gas would provide a direct substitute for natural gas currently
used in 90% of the synthetic ammonia fertilizer industry.
' s
References
(1) Whetstone, G. A., Parker, H. W. and D. M. Wells. Study of Current and
Proposed Practices in Animal Waste Management. EPA-430/9-74-003, Office
of Air and Water Programs, Environmental Protection Agency, Jan. 1974.
(2) Ward, R. W. Program and Project Status, Fuels From Biomass Program.
Bulletin ERDA 76-137. Division of Solar Energy, U. S. Energy Research
and Development Administration, Washington, D. C., November 1976.
(3) Ashare, E., Wise, D. L. and R. L. Wentworth. Fuel Gas Production From
Animal Residue. ERDA Contract EY-76-C-02-2991, DynaTech Rept. 1551,
DynaTech R/D Co., Cambridge, Mass., Jan. 1977.
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(4) Pfeffer, J. T. Reclamation of Energy From Organic Waste. EPA Contract
EPA-R-800776, April, 1973.
(5) Jewell, W. J. Byconversion of Agricultural Wastes For Energy Conserva-
tion and Pollution Control. ERDA Contract E(ll-l)-2981, Cornell Univer-
sity, 5/1/76 - 4/30/77.
(6) Bungay, H. Fuels From Biomass Symposium, University of Illinois, April,
1977; to be published.
(7) Wilke, C. R.t ibid.
(8) Anon. Another Recycling Venture, CALF News, April, 1973. Vol. 11, pp.
15-16.
(9) Coe, W. and D. Lizdas. Feedlot Energy Reclamation Demonstration. ERDA
Contract E(ll-l)-2615. 5/14/76 - 5/14/77.
(10) Whetstone, G. A. op. cit., p. 22.
(11) Anon. NCRR Update Monthly, Status Report. Nat. Center Res. Recovery,
Inc., June 1976.
(12) Mallon, G. Occidental Corp., Personal Comm. to H. R. Heichelheim, May,
1977.
(13) Garrett, D. E. Conversion of Biomass Materials In Gaseous Products.
Thermochemical Coordin. Meet., Fuels From Biomass Program. US ERDA,
Texas Tech University, Lubbock, Texas, Feb. 1977.
(14) Houle, E. H. Technical Evaluation of the Waste-to-Oil Experimental
Facility at Albany, Oregon. ERDA Contract E(04-3)-1330; Walkup, P.,
Contract E(45-l)-1830, 7/1/76 - 7/31/77; Thermochenical Coord. Meet.,
op. cit.
(15) Hooverman, R. H. and J. A. Coffman. Rotary Kiln Gasification of Biomass
and Municipal Wastes. Thermo. Coord. Meet., op. cit.
(16) Huffman, W. J., Halligan, J. E., Bartsch, R. A., Peterson, R. L., de la
Garza, E., Landeene, B. C. and P. E. Hi 11man. Application of SGFM
Technology To Other Feedstocks. Status Report, Thermo. Coord. Meet.,
op. cit. •
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SECTION 10
REASONABLENESS AND ENFORCEABILITY OF THE CODES
In general, the application of zero-discharge criteria to point sources
of pollution would appear to be reasonable and enforceable. There may, how-
ever, be exceptions. Some of the dairies in New England would require a pro-
hibitive amount of rock excavation to retain a winter's runoff; the alterna-
tive of spreading on snow-covered slopes, particularly in the watershed of a
lake, is not environmentally acceptable. Across the continent, a technically
correct, but nonetheless ridiculous, prohibition has been placed on allowing
the overflow from the drinking troughs of some feedlots in the Imperial Valley
to reach agricultural drains. The drains carry the saline^leachate from many
square kilometers of irrigated land; they flow, in turn, into the New River
which consists essentially of the storm and "sanitary" effluent of Mexicali.
The very trivial effect of the trough water is to dilute the brine and the
sewage, thus rendering them slightly less undesirable.
In many states manure is specifically classified as sewage; in others the
law is so vague that such a classification might easily result from interpre-
tations. As long as no discharge occurs, any requirements of treatment pro-
cesses and effluent standards are academic. In case of accidental discharge
under storm conditions less than those permissible under law (10-year, 24-
hour or 25-year, 24-hour), however, a stockman might well find himself subject
to penalties far more severe than would be justified by the damage actually
caused. A similar situation exists in some solid waste codes in which the use
of designated landfill sites, permit requirements, and maintenance procedures
are specified which are appropriate only to municipal and industrial solid
waste disposal while the law, itself, could logically be interpreted to in-
clude manure as well.
Enforcing agencies have used good judgement in their handling of such
situations to date. It would be well, however, if the laws could be brought
into conformity with practice.
As pointed out in Section 7 in the discussion of non-point source pollu-
tion, serious potential legal difficulties would exist if attempts were to be
made to apply zero-discharge criteria to large areas -- either humid or arid.
There is an inherent irrationality, which seems to have received little
attention, in the marked difference in attitude toward the pollution poten-
tial of commercial livestock and that of pigeons, waterfowl and dogs. Commer-
cial livestock is continuously scrutinized for disease, suspected cases are
isolated promptly, and diseased carcasses are disposed of in a sanitary man-
ner. Can the same be said for the pigeons which infest the rundown districts
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of many American cities, for the dogs which are "walked" to some neighbor's
plot of grass, and for the waterfowl which are often fed on lakes in whose
watershed grazing is so carefully regulated?
With the diversity of conditions which exist, and with the unpredictable
changes which will occur, it is unreasonable to expect that a legal code can
ever be written which will always be equitable. Interpretation and enforce-
ment by reasonable men will remain essential ~ and the men can be most effec-
tive if they work closely at all stages of the regulatory process with the
stockmen's representatives and with the agricultural agencies having field
representatives with first-hand knowledge of the stockmen and their problems.
The following checklist was prepared to aid in analysing the state laws
and regulations for this report. It is included here since it may prove valu-
able to state agencies in making revisions and to producers who desire to pre-
pare a more detailed summary of the laws of some particular state than has
been provided here.
I. Water Pollution
A. Legal definition of wastes from animal production activity
1 . sewage
2. animal waste
(a) solid and liquid
(b) liquid
3. other
B. Legal exemptions allowed for agricultural operations
1. basis for exemption
2. exemption extenuation allowed
C. Applicability of statutory authority
1. size of operation
2. type of operation
3. location
(a) surface water
(1) ponds or lakes
navigable waterway
marshes and wetland
(2)
(3)
(4) floodplain
(5) other
(b) groundwater
(c) landscape
(d) zoning
(e) geologic conditions
disposal of solid wastes
(a) season
(b) rate of applicability
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(c) incorporation into soil
(d) other
D. Classification of pollutants
1. biological pathogens
(a) allowable impact on man
(b) allowable impact on animals
2. chemical
(a) types
(1) organic
(2) inorganic
(b) forms
(1) suspended solids
(2) dissolved solids
3. physical
(a) color
(b) floatables
(c) turbidity
E. Control mechanisms
1. discharge capability
(a) no discharge allowed
(b) discharge permitted
2. licensing
(a) surface water pollution ,
(1) registration of activity and source
(2) permit stipulations
i. rate of flow
ii. volume of flow
iii. quality of flow
iv. other
(b) groundwater pollution
(1) registration of activity and source
(2) permit requirements
(3) other
3. disposal requirements
(a) storage of wastes
(1) volume
(2) storm basis
(3) holding time
(4) other
(b) treatment process
(1) specification standards
(2) performance ^
(c) institutional standards
(1) required approval of plan
(2) construction permit
(3) post construction inspection
(4) other
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4. Enforcement of guidelines
(a) institutional standards
(1) administrative agency '
(2) court
(b) legal penalty
(1) fine
(2) injunction
(3) other \
II. Air Pollution
A. Legal definition of atmospheric emissions from animal production
activities
1. odor
(a) non-pollutant
(b) air pollutant
(1) defined threshold level
(2) identification of source
i. inspection and measurement by agency
ii. complaint basis \
i i i. other
2. dust
(a) non-pollutant
(b) air pollutant
(1) defined threshold level
(2) identification of source
i. inspection and measurement by agency
ii. complaint basis
iii. other
3. other gases
(a) type and allowable level
(b) identification as pollutant
(1) inspection and measurement by agency
(2) complaint basis
(3) other
4. nuisance
B. Legal exemptions allowed for agricultural operation
\
1. basis for exemption
2. exemption extenuation allowed
C. Application of statutory authority
1. episode occurrence
(a) complaint basis
(b) periodic inspection by regulatory agency
2. registration of activity
3. zoning ordinance
4. other
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D. Control mechanism
1. periodic inspection
2. required treatment
(a) process changes
(b) housekeeping
(1) cleaning
i. removal of waste
ii. washing of surfaces
iii. other
(2) storage of wastes
(3) other
(c) removal of pollutant
E. Enforcement of guidelines
1. institutional authority
(a) administrative agency
(b) court
2. legal penalty
(a) fine
(b) injunction
(c) other
III. Solid Wastes
A. Legal definition of wastes from animal production activities
1. animal wastes included in the definition of solid wastes and
controlled by responsible agency
2. animal wastes not included in the definition of solid wastes
3. animal waste included in definition but exemption made for
agricultural wastes as to control measures taken by responsible
agency
4. other
B. Applicability of statutory authority
1. size of animal production operation specified
2. type of production operation facility
3. type of waste generated at animal production facility
(a) crop residue
(b) animal waste
(1) bedding and manure
(2) manure
(c) general waste from farm dwellings and production facilities
(d) dead livestock
4. location of land disposal site for animal wastes
(a) on-site
(b) off-site
5. reuse of wastes
(a) manure as animal food
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(1) non-commercial use
i. exemption from registration
ii. non-exemption
(2) commercial use
i. registration required
ii. manure types specified
iii. processing requirements outlined
(b) manure as a fertilizer ingredient
(1) registration
i. commercial use
ii. non-commercial use
(2) processing restrictions
C. Control measures
1. registration
(a) source
(b) disposal site
(c) other
2. permit process
(a) on-site storage and disposal
(1) collection frequency
(2) storage requirements
(3) disposal specifications
i. land application rates
ii. frequency of application
iii. time of application (season)
iv. other
(4) refeeding manure
(b) off-site transport disposal and reuse of agricultural wastes
[1) transport restrictions specified
[2) landfill practices for animal waste
i. specific practices outlined
ii. treatment as other landfill waste allowed
(3) land application practices for off-site use specified
(4) reclamation restriction outlined
i. food ingredient
ii. fertilizer component
IV. Other Regulatory Factors Pertinent to Animal Production Operations
A. Applicable statutory land use regulations for activity
1. basis for land use regulations
(a) proximity of residential areas
(b) resource protection
(1) recreation
(2) historic site
(3) scenic or aesthetic
(4) other
(c) other
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authority for land use control
(a) municipality
(1) within jurisdiction only
(2) outside city boundaries
(b) county
(1) all areas in the county
(2) limited to non-incorporated areas in the county
(c) other
penalties for non-compliance
(a) fines
(b) prohibition of practices
(c) required treatment
(d) other
B. Sanitation
sanitary conditions of premises specified
(a) exemption
(b) basis for exemption
(1) type operation
(2) number of units
(3) other
insect vector and rodent control
(a) threshold level specified
(b) basis for control
(1) inspection by agency
(2) complaint basis
treatment and disposal of human waste generated at production
facility specified
animal health requirements specified
(a) feeding practices
(1) manures
(2) other
(b) shelter requirements
(c) manure accumulations
(d) disposal of dead animals
(e) , sale and transport of animals and animal products
(f) handling of wastes from diseased animals
C. Nuisance
initiation of regulatory activity
(a) court
(b) administrative agency
(c) other
basis for nuisance
(a) insects and rodents
(b) odor
(c) dust
(d) noise
(e) other
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SECTION 11
RESEARCH NEEDS
The National Commission on Water Quality recommended that
. . . the Congress re-enforce the mandate and provide adequate
financing to accelerate research directed toward the develop-
ment and demonstration of promising techniques for recycling,
reuse, land application and other resource-conserving options
for waste management, and that the Congress further encourage:
1. Increasing efforts by industry, agriculture and the
public sector, directed toward the development, refine-
ment and application of sound control technologies and
treatment options that conserve and reuse water, re-
sources of the production process, and water-borne nutri-
ents in human and animal waste; . . . and
3. Appropriate use of the resulting waste management tech-
niques, through an Environmental Protection Agency-sponsored
technical assistance program, to advise communities, indus-
tries and agricultural dischargers on the availability and
adaptability of cost effective and environmentally sound
treatment options to meet the needs of these dischargers.
Specifically, these goals could,well include continuing research on the
following problems:
1) the development of improved methods, equipment, and facility design
to reduce the costs and increase the effectiveness of manure handling;
2) the development of models combining hydrologic and water quality
parameters in a manner to identify the quality of runoff from animal point
sources, manure storage areas, etc. at various distances from these sources;
3) the determination of long-term effects of nitrate concentrations
and salinity of land-spread manure on the drainage waters;
4) the determination of the freeboard necessary to comply with the
requirements of retaining runoff from the 24-hour, 25-year or other desig-
ated storms;
5) the behavior of ponds -- nitrogen transformations, seepage, algae,
thermal phenomena, etc.;
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6) the means of restricting infiltration;
7) the development of rapid monitoring techniques;
8) the perfection of the many alternatives to land disposal — refeed-
ing, thermochemical, protein production by fly larvae, algae, or other life
forms, etc.;
9) the development of sound criteria for site selection; and
10) the development of effective zoning criteria to protect animal agri-
culture from encroaching suburbia.
With proper management, the environmental impact of manure disposal can
be minimized to a negligible level. Anything which can be done, however, to
reduce costs and to promote resource recovery will help maintain a viable
agriculture and, thus, a more self-sufficient nation.
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APPENDIX A
OREGON'S REGULATIONS ON ANIMAL WASTE CONTROL FACILITIES
DEPARTMENT OF ENVIRONMENTAL QUALITY
CH. 340
DIVISION 5
Subdivision 1
CONFINED ANIMAL FEEDING OR HOLDING OPERATIONS
Statutory Authority: ORS 449.081;449.082;449,086,
Chapter 648, Oregon Laws 1971
[ED. NOTE: Unless otherwise specified, sections 51-005 through 51-080
of this chapter of the Oregon Administrative Rules Compilation were adopted
by the Department of Environmental Quality January 24, 1972 and filed with
the Secretary of State February 3, 1972 as DEQ 34.]
o
51-005 PURPOSE. It is the purpose of these regulations to protect the
quality of the environment and public health in Oregon by requiring applica-
tion of the best practicable waste control technology relative to location,
construction, operation and maintenance of confined animal feeding or holding
facilities and operations.
51-010 DEFINITIONS. Unless the context requires otherwise, as used in
these regulations:
(1) "Department" means the Oregon Department of Environmental Quality.
(2) "Confined feeding or holding operation" means the concentrated
confined feeding or holding of animals or poultry, including but not limited
to horse, cattle, sheep or swine feeding, dairy confinement areas, slaughter-
house or shipping terminal holding pens, poultry and egg production facili-
ties and fur farms, in buildings or in pens or lots where the surface has been
prepared with concrete, rock or fibrous material to support animals in wet
weather or where the concentration of animals has destroyed the vegetative
cover and the natural infiltrative capacity of the soil.
(3) "Person" means the state, any individual, public or private corpora-
tion, political subdivision, governmental agency, municipality, industry,
copartnership, association, firm, trust, estate or any other legal entity
whatsoever.
(4) "Waste control facility" means all or any part of a system or sys-
tems used in connection with a confined feeding of holding operation for the
(a) control of drainage, '
(b) collection, retention, treatment and disposal of liquid wastes
r
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or contaminated drainage waters, or
(c) collection, handling, storage, treatment or processing and
disposing of manure. y
(5) ^Waters of the State" include lakes, bays, ponds, impounding reser-
voirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets,
canals, the Pacific Ocean within the territorial limits of the state of Ore-
gon, and all other bodies of surface or underground waters, natural or artifi-
cial, inland or coastal, fresh or salt, public or private (except those pri-
vate waters which do noVcombine or effect a junction with natural surface
or underground waters) which are wholly or partially within or bordering the
state or within its jurisdiction.
51-015 NEW, MODIFIED OR EXPANDED FACILITIES AND OPERATIONS. A person
constructing or commencing to operate a confined feeding or holding operation
or waste control facility, or substantially modifying or expanding an exist-
ing confined feeding and holding operation or waste-control facility shall
first submit detailed plans and specifications for said facility and opera-
tion and other necessary information to the Department and obtain approval of
the proposed facility and operation from the Department in writing.
(1) Plans and specifications and other information to be submitted shall
constitute a complete, descriptive proposal and should include, to the extent
that such information is pertinent and available, the following:
(a) Location map showing ownership, zoning and use of adjacent
lands and location of the proposed confined feeding or holding facility or
operation in relation to residences and domestic water supply sources.
- (b) Topographic map of the proposed site showing the natural drain-
age pattern and the proposed surface water diversion and area and roof drain-
age control system or systems.
(c) Climatological data for the proposed site describing normal
annual and seasonal precipitation quantities and patterns, evaporation rates
and prevailing winds.
(d) Information regarding the occurrence of usable groundwaters
and typical soil types in the area of the proposed site and disposal areas.
(e) Estimated maximum numbers and types of animals to be confined
at the site at any one time and estimated volume of wastes to be collected
and disposed of. f
(f) Detailed plans and specifications and procedures for wastewater
and manure collection, handling, retention, storage, treatment and disposal
systems. .
(g) Details of feed preparation, storage, handling and use and
proposed methods and facilities for controlling wastes that are likely to
result therefrom. • ,.
(h) Any additional information which the Department may reasonably
require to enable it to pass intelligently upon the effects of the proposed
confined feeding or holding operation upon environmental quality.
(2) Receipt of applications and a preliminary evaluation of complete-
ness shall be made within 14 days to all applicants. Written notice of ap-
proval or disapproval will be issued by the Department to the applicant within
45 days of receipt of complete plans and specifications. Any notice of dis-
approval will contain itemized deficiencies.
(3) New or substantially modified or expanded facilities or operations
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shall be constructed in accordance with plans and specifications as approval
in writing by the Department.
51-020 CONSTRUCTION, OPERATION AND MAINTENANCE REQUIREMENTS. All waste
control facilities and confined feeding and holding operations shall be de-
signed, constructed, maintained, and operated in accordance with the follow-
ing:
(1) All confinement areas, manure handling and accumulation areas and
disposal areas and facilities shall be located, constructed, and operated such
that manure, contaminated drainage waters or other wastes do not enter the
waters of the state at any time, except as may be permitted by the conditions
of a specific waste discharge permit issued in accordance with ORS 449.083.
(2) Unless it can be demonstrated that contaminated drainage can be
effectively controlled by other means, or unless a specific written variance
is obtained from the Department as provided in Section 51-025, the design,
construction, operation and maintenance of confined feeding and holding opera-
tions and waste control facilities shall be in conformance with "Guidelines
for the Design and Operation of Animal Waste Control Facilities." (sections
51-050 through 51-080).
51-025 VARIANCES FROM SPECIFIED REQUIREMENTS. (1) The Department may by
specific written variance waive certain requirements of these regulations
when size of operation, location and topography, operational procedures, or
other special conditions indicate that the purpose of these regulations can
be achieved without strict adherence to all of the requirements.
(2) "The Department may, in accordance with a specific compliance sched-
ule, grant reasonable time for existing confined feeding or holding opera-
tions to comply with these regulations.
51-030 ADVISORY COMMITTEE. At the request of the animal industry, pro-
vision is made for a 13-man committee to serve in an advisory capacity to
the Department of Environmental Quality on problems related to the location,
construction, operation and maintenance of confined animal feeding and holding
operations. The advisory committee will include one member each from:
(1) Oregon Horsemen's Association
(2) Oregon Dairymen's Association
(3) Oregon Sheep Growers Association
(4) Oregon Purebred Swine Growers Association
(5) Oregon State Fur Breeders Association
(6) Oregon State Department of Agriculture
'7) Department of Animal Science, Oregon State University
8) Western Oregon Livestock Association
and divisional representation from:
(1) Oregon Cattlemen's Association (Producer representative and feeder
representative)
(2) Oregon Poultry Council (Oregon Turkey Improvement Association repre-
sentative, Oregon Poultry Growers Association and Oregon Broiler Growers
Association representatives).
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Each member will be appointed by the presiding officer of the organiza-
tion he represents and will serve at the pleasure of the organization The
Department shall not be liable for any of the expenses of the advisory commit-
tee or its individual members.
GUIDELINES FOR THE DESIGN AND OPERATION OF
ANIMAL WASTE CONTROL FACILITIES
51-050 SCOPE. The guidelines contained in this section are recommenda-
tions for design and operation of animal waste control facilities and are
intended to supplement "Regulations Pertaining to Location, Construction,
Operation and Maintenance of Confined Animal Feeding or Holding Operations."
They convey many of the criteria considered by the Department of Environmental
Quality to conform to best practicable design and operational practices.
Alternative methods of control will be acceptable if they can be shown to
provide fully equivalent control. Compliance with these guidelines will in
most instances constitute satisfactory performance of the design and opera-
tion functions to which the "Regulations..." apply. Any disapproval of sub-
mitted plans, or requirement to improve facilities or their operation, by
the Department, will be, insofar as possible, referenced to applicable guide-
lines or appropriate sections of the "Regulations."
51-055 DRAINAGE AND WASTE VOLUME CONTROL. (1) Roof drainage and uncon-
taminated surface drainage should be diverted such that it is not allowed to
flow through confinement areas or enter waste water holding lagoons, sumps or
tanks, unless it can be demonstrated by detailed design and proven operational
practices that wastes and contaminated drainage waters can be effectively con-
trolled by other means.
(2) Where large winter use confinement areas are exposed to heavy rain-
fall, and wastewater storage and disposal capacities are limited, such areas
should be covered to minimize wastewater volume.
(3) Waste collection systems utilizing water for flushing manure from
floors should minimize water use, and washwater reuse practices should be
employed wherever possible.
(4) Animal drinking water and atmospheric control sprays should be
managed such that drainage through contaminated areas is minimized.
51-060 COLLECTION AND STORAGE FACILITIES. (1) Liquid Manure Systems.
(a) When waste holding lagoons are used to accumulate manure and
contaminated drainage waters they should have sufficient usable capacity to
contain the maximum accumulated rainfall and manure runoff from the entire
collection area for the maximum expected period of accumulation. (As a gene-
ralized rule of thumb for design, ponds with capacity equal to 1/2 the aver-
age annual rainfall over the entire collection area will usually provide ade-
quate operating and reserve capacity to catch 1 in 10 year peak storm runoff
from a feedlot.) , . . . . .
(b) Waste holding lagoons and collection sumps should be construct-
ed to provide for at least annual removal of accumulated solids to maintain
effective storage capacity. „ . ... ., m,4.QV,.i,1
(c) Earth dikes should be constructed of good quality soil material,
well compacted during construction, with sideslopes consistent with accepted
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earth-fill practices for the materials used and stabilized with vegetation
recommended by the Agricultural Extension Service, immediately following
construction.
(d) Waste holding lagoons or collection sumps with earth dikes
should be constructed with overflow relief structures to prevent a washout in
the event of failure in other parts of the system.
(e) Where unusually windy conditions prevail, or surface aeration
equipment is used, dikes should be protected to prevent erosion.
(f) Reinforced concrete manure holding tanks should be constructed
in accordance with, or at least equivalent to, specifications for steel place-
ment and concrete quality contained in a design which has been prepared by or
has been reviewed and found acceptable by a qualified structural engineer.
(g) Where seasonal groundwater levels rise above the bottom of a
below-ground-level tank, drain tile should be laid at the base of the tank
before it is backfilled.
(2) Solids Handling Systems.
(a) Manure solids should be collected, stored, and utilized or
disposed of with a minimum of water (or rainfall) addition, in a manner which
will prevent water pollution and minimize the production of flies and odors.
(b) Where large accumulations of manure are stored during winter
months, contaminated drainage collection and holding or disposal facilities
should be provided.
51-065 CONVEYANCE FACILITIES AND PRACTICES. (1) Liquid manure irrigation
systems should have delivery mains buried wherever practicable to minimize
the amount of pipe exposed to the hazards of surface damage and failure.
(2) Trucks or tank wagons carrying manure or manure slurry on public
roads should be of water tight construction and sufficiently closed or baf-
fled to prevent spillage of any kind.
(3) Manure slurry delivery pipelines crossing streams or gullies should
be permanently placed with adequate protection from streamflow hazards and/or
braced to prevent excessive bending stress in the pipe.
51-070 DISPOSAL FACILITIES AND PRACTICES. (1) Liquid Manure Disposal.
(a) When slurry is spread by tank wagon or truck, a predetermined
plan of uniform coverage should be established and adhered to. Under no cir-
cumstances should a tank be drained when not in motion across suitable re-
ceiving land.
(b) Liquid manure irrigation systems should be operated according
to a predetermined plan of rotation to insure uniform coverage and prevent
prolonged ponding or surface runoff from excessive applications. Leaks and
sprinkler head malfunctions should be repaired immediately.
(c) The selection of equipment for land disposal should be based
upon land configuration, labor requirement, and long term dependability of
the system and its components.
(d) Adequate land should be provided on a year-round basis for
effective assimilation of all manure slurry applied, regardless of the method
of application used. Land with poor vertical drainage characteristics, high
water table or steep slopes should not be selected for use in a year-round
plan of manure disposal.
(e) The vegetative cover on disposal land should be harvested or
grazed regularly to prevent thatch accumulations of mature grasses and weeds.
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(f) Livestock should not be permitted to graze the disposal area
during periods of saturated soil conditions.
(g) Seepage basins should not be used except where it can be demon-
strated that groundwater pollution will not result.
(2) Solids Disposal.
_ (a) Field spreading of manure should be uniform in distribution and
limited in quantity to the capacity of the land to retain it.
(b) Manure should not be stored or deposited where it can be washed
into the surface drainage.
(c) Manure solids should not be used as a fill or land raising
material where they will pollute ground or surface waters.
(d) All dead animals should be promptly collected and disposed of
in an approved manner.
51-075 INCIDENTAL CONTROL PRACTICES. (1) The application of manure or
manure slurry to land areas should be accomplished when air movement is least
likely to carry objectionable odors to residential or recreational areas.
(2) New confined feeding or holding facilities should not be located
where prevailing winds are likely to carry odors into residential or recrea-
tional areas. Attention should also be given to expansion of suburban areas
and the stability of local zoning restrictions in locating new operations or
substantially expanding existing operations.
51-080 SOURCE OF QUALIFIED ASSISTANCE FOR DESIGN OF FACILITIES.
(1) Where drainage control, structural or mechanical facilities are
sufficiently large or complex to require specialized professional design, the
Department of Environmental Quality may require that detailed plans and speci-
fications be prepared by a qualified engineer for approval prior to construc-
tion.
(2) Appropriate design services are available through:
(a) USDA - Soil Conservation Service.
(b) USDA - Oregon State University Extension Service and associated
plan services. *
(c) Various equipment manufacturers.
(d) Independent consulting engineers.
Useful design information is often available through:
(a) County extension offices and Agricultural Experiment Stations.
(b) Department of Envrionmental Quality engineering staff.
(c) Oregon State University Departments of Agricultural Engineering
and Animal Science.
(d) Certain power companies and irrigation districts.
(e) Climatological data reporting services (Oregon State University
and state climatologist).
(f) Other livestock operations which have waste control facilities
in operation.
(g) Various livestock production associations.
(h) Soil and Water Conservation Districts offices.
(3) Where long range operational planning appears necessary to develop-
ment of a workable waste control and disposal system, the Department of Envi-
ronmental Quality may request that special planning assistance be obtained
from Oregon State University and recommendations therefrom be included in
the proposal submitted.
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(4) Any dam or dike in excess of ten feet in height, or any impoundment
volume in excess of 9.2 acre feet is required by state laws to be designed by
a qualified engineer and approved by the office of the State Engineer.
A copy of "Rules and Regulations of the State Engineer", published annu-
ally, should be obtained prior to designing a facility of this type.
(5) Approval by the Department of Environmental Quality of a confined
feeding or holding operation does not relieve the applicant from his obliga-
tion to comply with other pertinent federal, state or local statutes, regula-
tions or ordinances.
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APPENDIX B
EXCERPTS FROM THE SERIES "HOW TO CONTROL FEEDLOT POLLUTION"
ISSUED BY THE CALIFORNIA BATTLE FEEDERS ASSOCIATION.
[ED. NOTE: The following excerpts are indicative of the extent to which
producers organizations have voluntarily cooperated in environmental improve-
ment. The CCFA is by no means unique in having such a program.]
THE CCFA "CONTROL OF FEEDLOT POLLUTION" PLAN
PHASE I - OBJECTIVES
1. To determine methods and agents now used in other industries for the con-
trol of dust.
2. To seek out new compounds and methods that have dust control capabilities.
3. To consult with firms and agencies considered to be able to contribute
significant knowledge or technology toward solving the problem of dust
emission from cattle feed yards.
4. Study present standards, sampling methods, analytical techniques, etc.,
used by regulatory agencies responsible for the monitoring of air pollu-
tion.
5. To investigate the availability of federal funds to be used in a long
range research project to study the control of air, soil and water pollu-
tion and feedlot manure utilization.
RESULTS
1. A contract was made with a California fi,rm to conduct a literature search
on the subject from January 1965 to the present. This report has been
finished and is available.
2. Messrs. Algeo & Elam have reviewed all of this material. Summaries of
some of the material are included in this bulletin.
PHASE II - OBJECTIVES
To determine the most feasible and economical methods of controlling feedlot
dust pollution problems in various geographic and climatic areas of Califor-
nia. This will be done through a series of experiments conducted at various
feedlots throughout the State during the summer of 1970. Three technical
evaluation teams of 2 men each will supervise this work. The personnel will
be primarily from University, Extension, and State College personnel on a
* summer employment program.
217
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RESULTS
These will be available in late 1970 and will be published in a forthcoming
bulletin.
Bulletin A, p. 3-4. May 28, 1970.
This work was financed entirely by the California Cattle Feeders Associa-.
tion. Although we are considered by some to be prejudiced in favor of our
feedlot industry, this work was performed in a completely impartial manner.
We support the findings and if anyone can deny or refute them, please step
forward.
The work was done because we feel that the regulatory agencies do not have
accurate suggestions and answers available upon which to base control and
regulation of the industry on this subject. This Industry stands ready to
work with any and all groups on this environmental problem. In the coming
months we plan to continue research test work on dust on some more refined
aspects; work on feedlot odor and as a long range project, research on cattle
manure disposition usage. We hope to have joint financing research on this
last project with governmental agencies and other livestock groups.
Bulletin C, "Measurement and Control of
Feedlot Particulate Matter," Preface.
January 12, 1971.
Bulletin D covers the results of the test work done during the summer of
1971 at 26 member feedlots throughout the State of California. The results
of this work are, we believe, very significant at this time, particularly
because various regulatory agencies are in disagreement over standards on
certain phases which have been set by EPA, Washington, D. C. The California
Cattle Feeders Association and the people who were responsible for this re-
search stand behind the results and interpretations. If anyone has informa-
tion to refute these opinions, we urge that they come forward and state their
case.
During the past 2-1/2 years (since Nov. 1969), it has been our aim to step
out ahead and come up with ideas and principles for use by the feedlot indus-
try, particularly this industry in California. We believe we have certain
situations connected with the environment which are unique to the desert dry
areas and which the federal regulatory agencies have pretty much ignored to
date.
Thus far, our Association has spent more than $50,000.00 of member funds
in this work. In addition, practically every member has himself invested
dollars into new facilities and equipment to "control his own destiny" in the
realm of the environment. For example, the average 10,000 head capacity
feedlot probably has spent $20-30,000.00 in connection with the ecology of
his business.
This Industry and the CCFA solicit the support of all who desire to im-
prove the livestock environment in a manner which recognizes that the business
community has certain rights as well as responsibilities as citizens.
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Bulletin D, "Feedlot Air, Water and Soil
Analysis," Preface. June 1972.
The enclosed information is therefore to be considered the best we as an
Industry know how to create. Implementation of these rules and guidelines
will cost the feed lots money, but we believe in most instances we can live
with them. They will, we believe, enable us to meet our responsibilities as
concerned business citizens.
You will notice that our information is related to cattle feedlots only.
Feedlots are dry type feeding activities. Dairies, Swine Yards, Bottle-Fed
Calf Lots, and some other types of feeding activities are vastly different
because of the nature of their pens and the need for considerable quantities
of wash water. Other confined animal facilities which you may wish to concern
yourself with are: r
1. Dairies
2. Bottle-Fed Holstein Calf Lots
3. Seasonal Cattle Growing Lots
4. Sheep Lots - Goat Lots
5. Swine Yards
6. Poultry Operations
7. Turkey Operations
Many of our guidelines, definitions, etc., are equally applicable to the
above other types of confinement activities but I feel we ought not to be the
judge of their problems and solutions to them.
We are available at any time to consult and further explain our Association
work in the area of feedlot pollution. We have published several bulletins
containing test work results. These are available at $3.00 each. We hope
this approach to you will be the beginning of a close working relationship
that will result in our Industry meeting the various environmental goals..."
F. M. SIMPSON, Jr.
MANAGER-SECRETARY
CALIFORNIA CATTLE FEEDERS ASSOCIATION
BAKERSFIELD, CALIFORNIA
Bulletin F, "Suggested Guidelines for
County Use in Connection with Dry Feed-
lot Environmental Problems." p. 1-2.
June 1973.
219
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APPENDIX C
METRIC CONVERSION FACTORS
1 foot = 0.3048 meters
1 inch = 0.0254 meters
1 acre = 0.4047 hectares
1 acre-foot = 1233.5 cubic meters
1 pound = 0.4534 kilograms
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4. TITLE AND SUBTITLE
ANALYSIS OF STATE LAWS AND REGULATIONS IMPACTING
ANIMAL WASTE MANAGEMENT
REPORT NO.
EPA-600/2-78-155
TECHNICAL REPORT DATA
jl lease read Instructions on the reverse before completing)
3, RECIPIENT'S ACCESSION-NO.
B. REPORT DATE
July 1978 issuing date
6. PERFORMING ORGANIZATION CODE
. AUTHOR(S)
George A. Whetstone, Bruce M. Kramer, Dan M. Wells,
William J. Huffman, Ralph H. Ramsey and Walter Grub
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Water Resources Center
Texas Tech University
Lubbock, Texas 79409
10. PROGRAM ELEMENT NO.
1BB770
11. CONTRACT/GRANT NO.
R-804878
12. SPONSORING AGENCY NAME AND ADDRESS
Robert S. Kerr Environmental Research Laboratory
Office of Research and Development
U.S. Environmental Protection Agency
Ada,; Oklahoma 74820
13. TYPE OF REPORT AND PERIOD COVERED
Final (9/25/76 - 1/15/78)
14. SPONSORING AGENCY CODE
EPA/600/15
15. SUPPLEMENTARY NOTES
Project Officer: S. C. Yin, Source Management Branch
16. ABSTRACT
Those laws and regulations of the fifty states which have an impact on the
management of animal wastes are summarized, state-by-state, under the headings
water, solid waste, air, commercial feed and fertilizer, agriculture, nuisance,
soil and water conservation, and land use. The code provisions are then compared
and the actual and potential effects of the codes on the economics of animal
agriculture, on planning under Section 208 of P.L. 92-500, on the refeeding of
manure, and on animal residue conversion processes are discussed in separate
sections. Reasonableness and enforceability of the codes are evaluated.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b. IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Agricultural wastes
Air pollution
Law (jurisprudence)*
Water pollution
Animal wastes*
Pollution abatement
43F
430
68A
68D
68E
13. DISTRIBUTION STATEMENT
Release to Public
19. SECURITY CLASS (ThisReport!
Unclassified
235
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
221
* U.S. GOVERNMENTmiTIIIG OFFICE, 1878—757-140/1418
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