CAFOs are required to operate in a manner that keeps animal waste from contaminating surface or ground water. DEQ, ISDA, and the U.S. Environmental Protection Agency (EPA) all play a role in the regulation of CAFOs. (Link to table of environmental authorities for CAFOs [pdf 120 kb, 2 pages]).
Beef Cattle Operations
Rules Governing Beef Cattle Animal Feeding Operations (pdf on Department of Administration Web site) require beef cattle animal feeding operations to have wastewater storage and confinement facilities to control runoff and nutrient management plans to manage land application of nutrients or soil amendments. The rules are administered by ISDA and also give ISDA inspection and enforcement authority.
Specific roles of parties in regulating beef cattle animal feeding operations in Idaho are spelled out in the Idaho Beef Cattle Environmental Control Memorandum of Understanding between DEQ, ISDA, EPA, and the Idaho Cattlemen's Association. The MOU designates ISDA as the primary agency for regulating beef cattle animal feeding operations in Idaho. Among ISDA's responsibilities are conducting inspections, assuring compliance with Best Management Practices designed to protect natural resources, providing technical assistance to beef cattle operations, conducting enforcement activities, and responding to complaints from the public.
Cattle Feeding Operations
Certain cattle feeding operations (generally those with less than 1,000 animals that use a liquid storage pond or treatment lagoon as part of their wastewater storage and containment facility) are not covered by the Idaho Beef Cattle Environmental Control MOU above. Instead, the Interagency Cooperative Agreement on Cattle Feeding Operations between DEQ and ISDA spells out the agencies' roles in regulating these operations. Here again, ISDA is the lead agency and its role is much the same as described above. In addition, ISDA is responsible for providing plan and specification review and approval for the construction, modification, expansion, or alteration of waste treatment or disposal facilities for these operations.
Dairies
Rules of the Department of Agriculture Governing Dairy Waste (pdf on Department of Administration Web site) require dairies to have an approved dairy waste system in plan and to obtain a permit or farm certifications from ISDA. In addition, the rules authorize ISDA to conduct inspections and enforcement actions.
The roles of the agencies in regulating the dairy industry in Idaho are defined in the
Idaho Dairy Pollution Prevention Initiative Memorandum of Understanding between DEQ, ISDA, EPA, and the Idaho Dairymen's Association. The MOU
recognizes ISDA's lead role in ensuring dairy waste systems and practices are in accordance with the provisions outlined in the Idaho Waste Management Guidelines for Confined Feeding Operations. It sets forth a working arrangement between the agencies and the Idaho dairymen to reduce duplicative inspection efforts and to provide a sound inspection program in order to prevent water pollution and protect Idaho's surface and ground water from dairy waste contamination.
ISDA is also the lead agency for ensuring dairy farms that are subject to Idaho's ammonia rules employ Best Management Practices to reduce ammonia emissions. Under a Memorandum of Understanding Between the Idaho Department of Environmental Quality and the Idaho State Department of Agriculture Relating to the Idaho Dairy Farm Best Management Practices for the Control of Ammonia, ISDA is authorized to conduct inspections and provide assistance to assure compliance with the state's ammonia rules.
Swine and Poultry Facilities
Rules Regulating Swine and Poultry Facilities (pdf on Department of Administration Web site) authorize DEQ to regulate these operations. Swine and poultry facilities over a certain size are required to obtain a permit from DEQ. more
NPDES Permits
Industrial, municipal, and other point sources of pollution that discharge wastewater directly to surface waters are required to obtain National Pollutant Discharge Elimination System (NPDES) permits.
(A point source is a source of pollution that comes from a discrete pipe or other "point".)
The Clean Water Act defines CAFOs as point sources; therefore, they are subject to NPDES permitting. Animal waste and wastewater can enter water bodies from spills or breaks of waste storage structures and non-agricultural application of manure to crop land.
In Idaho, the NPDES permit program is administered by EPA, which means EPA is responsible for issuing and enforcing all NPDES permits in Idaho. EPA has issued a general NPDES permit for CAFOs in Idaho.
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