Jan 7 2009 10 AM
General SPDES Permits for Concentrated Animal Feeding Operations (CAFOs)
Notice of Availability for Comment and Announcement of Public Information Meetings
The New York State Department of Environmental Conservation (the Department or NYS DEC) proposes to renew SPDES General Permit GP-04-02 for Concentrated Animal Feeding Operations (CAFO)s by making available for comment and issuing two draft General SPDES Permits for Concentrated Animal Feeding Operations (CAFO)s: SPDES General Permit for CAFOs GP-0-09-001; and Clean Water Act SPDES General Permit for CAFOs GP-0-09-002.
The Department will be conducting four information meetings during this public notice period. The purpose of these meetings is to answer questions about the draft CAFO General Permits.
Public information meetings will be held at these locations and times:
Wednesday January 7, 2009 10:00 a.m., NYS DEC Offices, Meeting Room 129 A& B, 625 Broadway, Albany, NY 12233.
A CAFO is an Animal Feeding Operation (AFO) that is a point source as defined pursuant to ECL Section 17-0105(16) and is a CAFO. 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 where 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.
CAFOs are defined as follows:
Large Concentrated Animal Feeding Operation (Large CAFO) means an AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:
Medium Concentrated Animal Feeding Operation (Medim CAFO) means an AFO that stables or confines the type and number of animals that fall within any of the following ranges:
SPDES General Permit GP-0-09-001
Construction of a point source that is designed, constructed, operated and maintained to not discharge manure or process wastewater is deemed eligible for coverage under SPDES general permit GP-0-09-001 and must obtain coverage prior to operation of the CAFO facility.
Owners or operators of existing CAFOs eligible to be covered by GP-0-09-001 shall submit a Notice of Intent and CNMP Certification (for mediums) or annual NMP (for larges) to the Department within 6 months from the date of permit issuance. Notifications for new or expanded facilities must be made at least 30 days prior to commencing operation of the new facility or facility expansion. Refer to the Draft General Permit and Fact Sheet for application requirements for existing, new or expanded facilities.
Clean Water Act SPDES General Permit GP-0-09-002
Construction of a point source that is designed, constructed, operated and maintained and discharges or proposes to discharge manure or process wastewater must seek coverage under SPDES general permit GP-0-09-002 and must obtain coverage prior to operation of the CAFO facility.
Owners or operators of CAFOs eligible to be covered by GP-0-09-002 shall submit a Notice of Intent and CNMP within 6 months from the date of permit issuance. Notifications for a new or expanded facility must be made at least 30 days prior to commencing operation of the new facility or the facility expansion. Refer to the Draft General Permit for application requirements for existing, new or expanded facilities
The Department retains the authority and discretion to determine that a CAFO may not be eligible for coverage under either of these general permits and, as such, may require the CAFO to submit an application for coverage under an individual SPDES permit.
SEQR Determination: Pursuant to the State Environmental Quality Review Act, General Permit GP-0-09-002 renews GP-04-02 and is a Type II action. General Permit GP-0-09-001 is an unlisted action for which a negative declaration has been prepared.
Availability of Application Documents: The Department's draft SPDES General Permits and Fact Sheets 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. The draft SPDES General Permits and Fact Sheets are also available on the NYSDEC website at: http://www.dec.ny.gov/permits/6061.html .
Opportunity for Public Comment: Comments on the draft SPDES general permits must be submitted in writing to the contact person no later than January 26, 2009.
Contact Person:
Jacqueline Lendrum
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, New York 12233-3505
Phone: (518) 402-8118
E-mail: jmlendru@gw.dec.state.ny.us
