Governmental Oversight of Discharges from Concentrated Animal Feeding Operations |
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Authors: | Terence J Centner |
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Institution: | (1) University of Georgia, Agricultural and Applied Economics, 301 Conner Hall, Athens, Georgia 30602, USA |
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Abstract: | As point sources of pollution in the United States, concentrated animal feeding operations (CAFOs) are subject to the National
Pollution Discharge Elimination System permitting system requirements. Changes to federal regulations in 2003 and a 2005 court
decision have increased the governmental oversight of CAFOs. Manure application to fields from “large CAFOs” that results
in unpermitted discharges can be regulated under the Clean Water Act. The U.S. Environmental Protection Agency’s interpretation
of agricultural stormwater discharges was approved so that unpermitted discharges may arise if an owner or operator of a CAFO
fails to apply manure correctly. Owners and operators do not, however, have a duty to secure governmental permits in the absence
of a discharge. Turning to the federal provisions regarding nutrient management plans, a court found that they were deficient.
Moreover, the federal government needs to reconsider requirements that would reduce pathogens from entering surface waters.
Although these developments should assist in reducing the impairment of U.S. waters, concern still exists. Greater oversight
of nutrient management plans and enhanced enforcement efforts offer opportunities to provide greater assurance that CAFO owners
and operators will not allow a discharge of pollutants to enter surface waters. |
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Keywords: | Concentrated animal feeding operations Discharge Manure Nutrient management Regulation Water quality |
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