February 27, 2004

Today, Department of Environmental Quality Director Steven E. Chester signed and issued the Final Determination and Notice Regarding Surface Water Discharges from New Large Concentrated Animal Feeding Operations (CAFOs). The Final Determination directs A new large CAFO to seek an individual National Pollutant Discharge Elimination System (NPDES) permit if it is constructed to stable or confine at least double the number of animals, 1400 mature dairy cows for example, as defined in the federal rule as a large CAFO; it will expand to confine at least 3.5 times the number of animals over five-year period; and it has open manure and wastewater storage structures, or applies liquid manure to the land. This requirement is based on the new federal CAFO rule promulgated in April, 2003.

New large CAFOs not meeting the above requirements must apply for a general permit. A general permit is currently being developed and will be placed on public notice to seek public comments. New large CAFOs may seek coverage under the general permit if they implement alternative or enhanced manure management and/or treatment systems. These systems will be evaluated on a case-by-case basis by the DEQ.

“Today's action lays out a program for customized, individual permits that will provide the proper environmental protections of new large CAFOs,” remarked Director Chester. "Michigan has a long heritage as a leader in both water protection and agriculture. This program will allow that heritage to be carried forward into the future."

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

Revised February 27, 2004 by Pat Watson