Concentrated Animal Feeding Operations

What Happens After I Am Covered?

Getting covered under an NPDES permit is just the first step in complying with the NPDES regulations for CAFOs. Once you are covered, you have to comply with the conditions and requirements of the permit. Ohio EPA's Division of Surface Water operates an Enforcement and Compliance Program to provide technical assistance, conduct inspections, investigate complaints and, where necessary, take enforcement actions to help protect surface waters of the state from pollution.

Contact us with questions regarding compliance and enforcement.

Compliance

Once you have received coverage under either an individual permit or a general permit, you are responsible for complying with the requirements and conditions in the permit, including the following:

• Discharge prohibitions and other performance standards
• Operation and management requirements
• Monitoring and reporting requirements
• Land application requirements

Reporting Spills and Discharges

If you have or witness a spill or accidental discharge that could endanger the environment or public health, it is important to contact Ohio EPA as soon as possible. (NPDES permits require that such discharges be reported within 24 hours.) A statewide toll-free number is available 24 hours a day to report spills and other environmental emergencies:

You must follow the procedures outlined in your NPDES permit to report nonemergency discharges and other instances of noncompliance with permit conditions.

Maintaining Coverage

You are also responsible for maintaining your permit coverage for as long as your facility operates as a CAFO. NPDES permits typically have an effective period of 5 years. If you have an individual NPDES permit, the expiration date is stated in the permit. The general NPDES permit expires on January 31, 2010. You must submit a permit renewal application to Ohio EPA at least 180 days prior to the expiration date of your permit.

Compliance Assistance

You can get help in complying with your NPDES permit from a variety of sources. Follow the links below to find out about some sources of financial and technical assistance available to CAFOs or contact us for more information.

• Ohio EPA offers a Small Business Assistance Program to help small businesses understand and comply with environmental regulations.
• Section 319 of the Clean Water Act establishes a national program to control nonpoint source pollution. Ohio EPA is responsible for administering Ohio's 319 Grant Program. Since 1990 more than 225 state and local nonpoint source projects throughout Ohio have been supported, representing an investment of approximately $40 million of federal, state and local funds.
• Ohio EPA's Water Pollution Control Loan Fund (WPCLF) provides financial and technical assistance for a wide variety of actions to protect or improve the quality of Ohio's rivers, streams, lakes and other water resources. The WPCLF offers assistance opportunities for both public and private entities.
• The Water Pollution Control Loan Fund (WPCLF) Linked Deposit Program is a mechanism for financing certain WPCLF projects. Instead of borrowing directly from the WPCLF, the applicant receives a linked deposit loan from a private lending institution. The below-market interest rate for the loan is supported by a WPCLF-funded certificate of deposit with the lender.
• Financial assistance is available through the U.S. Department of Agriculture's Environmental Quality Incentives Program (EQIP).
• Check U.S. EPA's Producers' Compliance Guide for CAFOs, Chapter 6. What is the Compliance Assurance Process? for information on additional sources of assistance.

Inspections and Enforcement

Ohio EPA routinely conducts unannounced inspections of livestock operations to evaluate compliance. Ohio EPA inspectors may arrive at a facility without prior notice, and Ohio law 6111.05 authorizes Ohio EPA inspectors to enter private or public property at reasonable times to inspect or investigate conditions and potentially to collect samples of any discharges.

Ohio EPA generally inspects livestock operations for one of two reasons:

1. To determine whether a facility is a CAFO and must obtain an NPDES permit
2. To determine whether a permitted facility is in compliance with the conditions of its NPDES permit.

If Ohio EPA discovers a violation of permit conditions or applicable environmental laws, it may take one of a number of enforcement actions, ranging from issuing a notice of violation (NOV) (a letter that explains the problem and how to correct it) to conducting a criminal investigation. The enforcement action taken depends on factors such as the seriousness of the violation and the facility's compliance history. For the most serious violators, possible penalties include imprisonment and fines of up to $25,000 per day of violation.

Ohio EPA's Fact Sheet Ohio EPA Livestock Operation Inspections - What to Expect [PDF 86K] explains what to expect if Ohio EPA inspects your CAFO. It covers what an inspector might look for, as well as what might happen if a violation is discovered during an inspection. The document also has suggestions on what to do if you receive an NOV and provides technical assistance contacts.

* Adobe Acrobat Reader is required to view the [PDF] publications. If you do not have Adobe Acrobat Reader, click here to download it for free.
 

* Although Ohio EPA cannot endorse, sanction or guarantee the accuracy of information found on external Web sites, we think you might find these outside links useful. When you select a link to an external Web site, you are leaving Ohio EPA's Web site and are subject to the privacy, security and accessibility policies of the owners/sponsors of the external site.