Illinois EPA

Concentrated Animal Feeding Operations (CAFO)

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CAFO Forms CAFO Publications CAFO Reports Responsiveness Summary for General NPDES Permit for CAFOs General NPDES Permit for CAFOs

Despite substantial improvements in the nation's water quality since the inception of the Clean Water Act, nearly 40 percent of the nation's assessed waters show impairments from a wide range of sources. Improper management of manure from CAFOs is among the many contributors to remaining water quality problems. Improperly managed manure has caused serious acute and chronic water quality problems throughout the United States.

As a result of litigation started over a decade ago, the U.S. EPA adopted several changes to the federal CAFO program that must now be undertaken by many livestock producers. In Illinois, the CAFO program is administered by the Illinois EPA as part of the delegation agreement for the entire National Pollutant Discharge Elimination System. These CAFO rules were revised by U.S. EPA for several reasons:

• Rules written in the 1970s have become outdated as technology has undergone dramatic change since then.
• There was a need to address continued discharges and runoff of manure from all sectors of the livestock industry, in many areas of the country, including Illinois.
• The new CAFO rules update regulations to reflect structural changes - consolidation - in the industry that have occurred since the 1970s.
• The rules target improvement of the CAFO regulations' effectiveness to help correct improper management practices.

What's Required Under The New CAFO Rules?

In Illinois, the rule may affect some 500 "Large" CAFOs and as many as 2,700 "Medium" CAFOs. Under the permits for these livestock operations, CAFOs will be required to:

• Apply for a National Pollutant Discharge Elimination System (NPDES) Permit;
• Submit an Annual Report; and
• Develop and implement a manure and wastewater handling plan (Nutrient Management Plan).

Who Must Apply For A CAFO NPDES Permit?

You will need to apply for a CAFO NPDES permit if you own or operate a "Large" CAFO. You are a "Large" CAFO if your operation has at least:

• 700 mature dairy cows
• 1,000 veal calves
• 1,000 beef cattle or heifers
• 500 horses
• 2,500 swine (each 55 lbs or more)
• 10,000 swine (each under 55 lbs)
• 10,000 sheep or lambs
• 55,000 turkeys
• 30,000 ducks (other than liquid manure handling systems)
• 5,000 ducks (liquid manure handling systems)
• 30,000 chickens (liquid manure handling systems)
• 125,000 chickens except laying hens (other than liquid manure handling systems)
• 82,000 laying hens (other than liquid manure handling systems)

You will need to apply for a CAFO NPDES permit if you own or operate a "Medium" CAFO. You are a "Medium" CAFO if you have:

• A man-made ditch or pipe carrying manure or wastewater from your operation to surface waters; OR
• Animals in contact with surface water in the areas in which they are confined.

A "Medium" CAFO must also have between:

• 200 - 699 mature dairy cows
• 300 - 999 veal calves
• 300 - 999 beef cattle or heifers
• 150 - 499 horses
• 750 - 2,499 swine (each 55 lbs or more)
• 3,000 - 9,999 swine (each under 55 lbs)
• 3,000 - 9,999 sheep or lambs
• 16,500 - 54,999 turkeys
• 10,000 - 29,999 ducks (other than liquid manure handling systems)
• 1,500 - 4,999 ducks (liquid manure handling systems)
• 9,000 - 29,999 chickens (liquid manure handling systems)
• 37,500 - 124,999 chickens except laying hens (other than liquid manure handling systems)
• 25,000 - 81,999 laying hens (other than liquid manure handling systems)

When Must A CAFO Owner Or Operator Apply For Permits?

There are several schedules for filing an application for a CAFO NPDES permit with the Illinois EPA. If you have any question about how these schedules apply to your operation, contact the Illinois EPA. The schedule and some examples are provided below.

• If you were a CAFO prior to the adoption of the new CAFO rules, you have a duty to apply for a NPDES permit now.
  • Example: Your livestock operation had a discharge before the new CAFO rules took effect on April 14, 2003.
• If you became a CAFO due to the changes brought about by the new CAFO rule, you must apply for a NPDES permit not later than February 13, 2006 (three years from the publication date of the rules).
  • Example: Your 2,000 head facility was exempt because it would only potentially discharge due to a 25 year/24 hour storm.
• If you are a completely new CAFO, you must apply for a NPDES permit 180 days prior to operating.
  • Example: You open new facilities on a new site.
• If you operate an animal feeding operation (not previously a CAFO) and it is newly defined as a CAFO, although it is not a new operation, you must apply for a NPDES permit 180 days prior to operating as a CAFO.
  • Example: You operate a "Medium" beef operation (500 steer) constructed after April 14, 2003, that has a discharge from the feedlot.
• If you operate an animal feeding operation (not previously a CAFO) and it is newly defined as a CAFO, although it is not a new operation, and you increase the number of livestock after April 14, 2003 (the effective date of the CAFO rule) to become a CAFO for the first time, you must apply for a NPDES permit as soon as possible but no later than 90 days from becoming a CAFO.
  • Example: In late 2006, you operate a "Medium" swine operation of 2,400 feeder pigs to which you bring in 200 more (all over 55 pound) in the same buildings. At 2,600 head, it is now a "Large" CAFO and did not undergo a structural change to become "Large."
• If you undergo an operational change that makes your livestock facility a CAFO, you must apply for an NPDES permit not later than April 13, 2006 (three years from the effective date of the regulations).
  • Example: You operate a 200 head dairy farm with a discharge from the loafing area due solely to a 25 year/24 hour storm (about a 6 inch rain over 24 hours) and do not eliminate the discharge and its cause between April 2003 and April 2006.