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Clean Water Act CAFO General Permit

The Clean Water Act (CWA) CAFO General Permit is a general permit issued pursuant to the New York State Environmental Conservation Law and the federal Clean Water Act for CAFO operations that may discharge in storms greater than the 25-year/24-hour storm. If you have questions about the CAFO permit program, please contact Doug Ashline at 518-402-8086 or send your question via email.

Based on the decision from the lawsuit challenging the Clean Water Act (CWA) CAFO general permit, we are no longer accepting any new applications for coverage under GP-0-16-002.

Pursuant to the April 23, 2018 and June 1, 2018 decisions of the Albany County Supreme Court in Riverkeeper Inc., et al., v. NYSDEC et al., the New York State Department of Environmental Conservation (NYSDEC) is publicly noticing the following draft of the new Clean Water Act (CWA) SPDES General Permit for CAFOs, GP-0-19-001 and the draft Fact Sheet for the associated permit:

Clean Water Act (CWA) SPDES General Permit GP-0-19-001

Construction of a point source that is designed, constructed, operated and maintained to discharge manure or process wastewater must seek coverage under GP-0-19-001 and must obtain coverage prior to operation of the CAFO facility.

Owners or operators of CAFOs eligible to be covered by GP-0-19-001 must submit a Notice of Intent and Nutrient Management Plan (NMP) 60 calendar days before the effective date of GP-0-19-001.

Availability of Application Documents: In addition to being electronically available above, a draft of GP-0-19-001 and draft Fact Sheet are available for inspection during normal business hours at the address of the Contact Person identified below. It is recommended that an appointment be made with the contact person beforehand.

Opportunity for Public Comment: Comments on the draft of GP-0-19-001 and draft Fact Sheet must be submitted in writing to the contact person no later than October 11, 2018.

Contact Person:

Douglas Ashline
NYSDEC - Division of Water
625 Broadway, 4th Floor
Albany, New York 12233-3505
Phone: (518) 402-8247
E-mail: cafoinfo@dec.ny.gov

Permit

CWA CAFO General Permit GP-0-16-002 (PDF, 1.2 KB) - The permit was issued on January 25, 2017, with an effective date of July 24, 2017 and an expiration date of July 23, 2022.

Forms

The CAFO Annual Compliance Report can be completed online through the eBusiness Forms Portal (leaves DEC's website). Users must be registered with NY.gov in order to use this system. User guides and help on registering for the portal are available on the portal information webpage.

The following forms are needed to comply with the requirements of the ECL CAFO general permit:

  • Notice of Termination (PDF, 51 KB) - The NOT is a request to terminate coverage under the CWA CAFO general permit.
  • Annual Compliance Report - The ACR must be submitted to DEC by March 31 of each year and must describe facility operations from the previous calendar year. The ACR can be completed either online or in paper format.
    • Online ACR: The online ACR is completed through DEC'S eBusiness Forms Portal Users must be registered with NY.gov in order to use this system. User guides and help on registering for the portal are available on the portal information webpage.
    • CAFO CNMP Planner Certification Form (PDF, 103 KB) for the eAnnual Compliance Report - This form is used as part of the "Required CNMP Components" section when preparing and submitting the eAnnual Compliance Report. This form is not used if submitting the paper version of the ACR.
    • CAFO CNMP Owner/Operator Certification Form (PDF, 101 KB) for the eAnnual Compliance Report - This form is used as part of the "Owner/Operator Certification" section when preparing and submitting the eAnnual Compliance Report. This form is not used if submitting the paper version of the ACR.
    • Paper ACR (PDF, 72 KB)
  • Change of Operation Form (PDF, 69 KB) - The Change of Operation form must be submitted to DEC whenever a facility is transferred to another legally responsible party, the on farm contact changes, the size of the facility changes, two separately operated CAFOs consolidate, the facility constructs or expands a liquid waste storage structure of greater than 1 million gallons, or any other situations specifically outlined in the permit.
  • Annual Nutrient Management Plan template - CAFOs seeking coverage under the CWA CAFO general permit must submit a completed Annual Nutrient Management Plan (ANMP) to DEC with the Notice of Intent. Facilities with effective coverage under the CWA CAFO general permit must also submit a completed ANMP to DEC by March 31 of each year in conjunction with the Annual Compliance Report. The must address planned facility operations for the upcoming calendar year.
  • Comprehensive Nutrient Management Plan Certification (PDF, 51 KB) - Owners/operators of CAFOs permitted under the CWA CAFO general permit must submit this certification to DEC within 6 months of acquiring an AFO or CAFO operation.
  • Incident Report Form (PDF, 57 KB) - This form must be submitted to DEC in accordance with the timeframes specified in the permit whenever a discharge from the CAFO causes a water quality violation, an overflow occurs from a waste storage structure, or any of the conditions related to the discharge of Non-Contact Cooling Water are not met.

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    625 Broadway
    Albany, NY 12233-3508
    518-402-8086
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