ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Availability

General SPDES Permit for Concentrated Animal Feeding Operations (CAFOs)

The New York State Department of Environmental Conservation (DEC) has issued and hereby makes available the General SPDES Permit (GP-04-02) for Concentrated Animal Feeding Operations (CAFOs). Copies of the permit, permit appendices, and responsiveness summary are being mailed to all permittees and parties who commented on the draft permit.

A CAFO is a Animal Feeding Operation (AFO) that is defined as a Large CAFO or as a Medium CAFO, or that is designated as a CAFO by the Department or the USEPA Regional Administrator or his or her designee. Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals of an operation. Large and Medium CAFOs are defined as follows:

Large Concentrated Animal Feeding Operation (Large CAFO) means an Animal Feeding Operation (AFO) that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

a. 700 Mature Dairy Cows, whether milked or dry
b. 1,000 Veal Calves
c. 1,000 Cattle, other than mature dairy cows or veal calves (Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs)
d. 2,500 Swine, each weighing 55 pounds or more
e. 10,000 Swine, each weighing less than 55 pounds
f. 500 Horses
g. 10,000 Sheep or Lambs
h. 55,000 Turkeys
i. 30,000 Laying Hens or Broilers, if the AFO uses a liquid manure handling system
j. 125,000 Chickens (other than laying hens), if the AFO uses other than a liquid manure handling system
k. 82,000 Laying Hens, if the AFO uses other than a liquid manure handling system
l. 30,000 Ducks, if the AFO uses other than a liquid manure handling system
m. 5,000 Ducks, if the AFO uses a liquid manure handling system

Medium Concentrated Animal Feeding Operation (Medium CAFO) means an Animal feeding Operation (AFO) that stables or confines the type and number of animals that fall within any of the following ranges:

a. 200-699 Mature Dairy Cows, whether milked or dry
b. 300-999 Veal Calves
c. 300-999 Cattle, other than mature dairy cows or veal calves (Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs)
d. 750-2,499 Swine, each weighing 55 pounds or more
e. 3,000-9,999 Swine each weighing less than 55 pounds
f. 150-499 Horses
g. 3,000-9,999 Sheep or Lambs
h. 16,500-54,999 Turkeys
i. 9,000-29,999 Laying Hens or Broilers, if the AFO uses a liquid manure handing system
j. 37,500-124,999 Chickens (other than laying hens), if the AFO uses other than a liquid manure handling system
k. 25,000-81,999 Laying Hens, if the AFO uses other than liquid manure handling systems
l. 10,000-29,999 Ducks, if the AFO uses other than a liquid manure handling system
m. 1,500-4,999 Ducks, if the AFO uses a liquid manure handling system

and either one of the following conditions are met:

(a) pollutants are discharged into waters of the State through a man-made ditch, flushing system, or other similar man-made-device; or (b) pollutants are discharged directly into waters of the State that originate outside of the facility and pass over, across, or through the facility or otherwise come into direct contact with animals confined in the operation.

An Animal Feeding Operation (AFO) is defined as a lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more animal feeding operations under common ownership are a single animal feeding operation if they physically adjoin each other, or if they use a common area or system for the disposal of wastes.

The effective date of the General Permit is July 1, 2004 and the expiration date is June 30, 2009. Operations that are eligible to be covered by this permit are as follows:

The General Permit focuses on two principal areas of water quality protection. First, there may be no discharge of process wastewater (as defined in the permit) from the animal feeding operation to surface waters of the State for storm flows less than the 25 year - 24 hour storm as defined by the National Weather Service. Second, the permittee must develop and implement an Comprehensive Nutrient Management Plan (CNMP in accordance with the Natural Resources Conservation Service (NRCS) - Conservation Practice Standard - Waste Management System No. NY312. In addition, the permittee and a certified Agricultural Environmental Management Planner must submit a certification to the Department that the CNMP was prepared in accordance with the NRCS CPS No. NY312.

The Department and the USEPA Regional Administrator or his or her designee retains the authority and discretion to determine that a CAFO may not be eligible for coverage under this permit and, as such, may require the CAFO owner or operator to submit an application for coverage under an individual SPDES permit.

Copies of the General Permit and other supporting information are available by calling Ms. Toni Cioffi at (518) 402-8109 or by e-mailing her at txcioffi@gw.dec.state.ny.us. The Department will also post the permit on the Departmentís website at: http://www.dec.state.ny.us/website/dow/cafohome.html as soon as possible.

Questions regarding the content of the General Permit should be directed to:

Mr. Angus Eaton, P.E.
Section Chief, General Permits Section
New York State Department of Environmental Conservation
Division of Water
Bureau of Water Permits, 4th Floor
625 Broadway, Albany, New York 12233-3505
Telephone: (518) 402-8123

or

Mr. Jason C. Denno
Project Engineer
New York State Department of Environmental Conservation
Division of Water
Bureau of Water Permits, 4th Floor
625 Broadway, Albany, New York 12233-3505
Telephone: (518) 402-8121


Public Notice

DEC Announces First Annual Environmental Excellence Awards - Applications Available -

Applications are now available for New York State’s First Annual Environmental Excellence Awards. This award program was established to recognize NYS organizations that excel in one or more of the following areas: innovative practices, sustainable practices, or in the establishment of partnerships efforts. Eligible applicants include: business/technical assistance providers (includes private educational facilities); non-governmental organizations; government/municipalities (local, state, federal and public educational facilities); and individuals.

Review criteria will include the following: overall environmental benefits, environmental justice, overall economic benefits, innovations in technology, sustainability, partnerships that were created or strengthened by the project, demonstrated leadership, level of management commitment, and transferability.

IMPORTANT: The awards are scheduled to be presented in the Fall of 2004. Applications must be postmarked by July 15, 2004.

The application package is available through the DEC’s website: www.dec.state.ny.us, by clicking on "Highlights," by looking under the Subject Index or by doing a Search for "Environmental Excellence Awards."

Anyone interested in obtaining more information regarding the application and criteria for the awards, should contact Michelle Hinman at the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, telephone (518) 402-9469, fax (518) 402-9168, email mjhinman@gw.dec.state.ny.us.