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National Enforcement Initiatives for Fiscal Years 2008 - 2010:
Clean Water Act: Concentrated Animal Feeding Operations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
Planning Topics
Annual Results Report
For additional civil and criminal compliance and enforcement results, see:
On February 22, 2010, EPA renamed its "National Enforcement Priorities" to "National Enforcement Initiatives" and announced the Agency’s National Enforcement Initiatives for the 2011-2013 fiscal years.
On this page:
- Problem
- Approach
- Key Results
- Highlights
- Transition to the FY 2011-2013 National Enforcement Initiative
Problem
The major environmental problem associated with concentrated animal feeding operations (CAFOs) is the large volume of animal waste generated in concentrated areas. If manure and wastewater are not properly managed, pollutants can be released into the environment. States have consistently reported to EPA that agricultural activities, including CAFOs, are leading sources of pollutants such as nutrients (nitrogen and phosphorus), pathogens (bacteria), and organic enrichment (low dissolved oxygen) that are contributing to water quality impairment in U.S. surface waters. Adverse impacts on ecosystems and human health associated with discharges of animal wastes include fish kills, algal blooms, and fish advisories, contamination of drinking water sources, and transmission of disease-causing bacteria and parasites associated with food and waterborne diseases.
Approach
To reduce water impairments from CAFOs, EPA established CAFOs as a national priority and developed the Clean Water Act: Concentrated Feeding Operations Strategy Summary of 2008 -2010 (PDF) (3pp, 163K, About PDF) to address CAFOs.
EPA Regions worked closely with states under the national enforcement initiative to identify areas where CAFOs are having, or may have, a serious environmental or human health impact. EPA expects that the targeted CAFO universe will generally consist of large and medium CAFOs that are discharging, or are designed, constructed, operated, or maintained such that a discharge to a water of the United States is likely to occur.
Key Results
| Fiscal Year (FY) |
Estimated Pollutants to be Reduced or Treated (lbs)* |
Estimated Investments in Pollution Control ($)** |
Civil Penalties ($)*** |
|---|---|---|---|
| 2008 | 32 million | $10 million | $0.53 million |
| 2009 | 7.0 million | $1.9 million | $0.09 million |
| 2010 | 7.6 million | $3.1 million | $0.19 million |
*Estimated pollutants reduced or treated is an estimate of the pounds of pollutants reduced, treated, or eliminated during the first year after a facility returns to compliance.
** Estimated investments in pollution control is an estimate of the defendant’s cost to comply with consent decrees through the installation of appropriate pollutant controls. The values for FY 2008 through FY 2009 are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
*** Civil Penalties are penalties assessed, not collected. The values for FY 2008 through FY 2009 are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
Highlights
- From FY 2008 through FY 2010, EPA estimates that it conducted more than 900 CAFO inspections. In FY 2010, EPA focused enforcement actions on identifying and eliminating illegal discharges from CAFOs, enforcing compliance with the permits, and gaining commitments to reduce an estimated 7.6 million pounds of pollutants in the first year after the facilities return to compliance.
- The primary pollutants reduced by these enforcement actions are nutrients, oxygen demanding pollutants, dissolved solids, and bacteria.
- In support of its Chesapeake Bay Strategy, EPA conducted 45 inspections in three areas within the Chesapeake Bay watershed (the Delmarva Peninsula, Lancaster County, Pennsylvania, and Virginia's Shenandoah Valley) in FY 2010.
- As a result of these inspections, EPA issued six administrative compliance orders and one administrative penalty order, requiring these CAFOs to cease discharging and to apply for permit coverage, where applicable.
- In FY 2010, EPA also inspected and initiated formal enforcement actions against two medium dairies near Bath, New York, for permit violations – an administrative compliance order to one dairy and an administrative penalty order for $65,000 to another dairy.
- As a result of these inspections, EPA issued six administrative compliance orders and one administrative penalty order, requiring these CAFOs to cease discharging and to apply for permit coverage, where applicable.
- EPA issued an administrative compliance order to a poultry broiler facility in Texas for violating the federal Clean Water Act. On three occasions in May and June 2009, EPA inspectors observed an unauthorized discharge of chicken litter from the farm's poultry litter staging area where litter is placed after it is removed from the barns during cleanout. The staging area drains approximately 340 yards to a wetland that is directly connected to a creek. The facility was ordered to submit to EPA a schedule for construction of a covered shed under which to stage and store poultry litter and prevent future unauthorized discharges of pollutants to the creek.
- EPA issued a series of administrative compliance orders in FY 2010 against eight beef cattle feedlot operations in northwest Iowa for violations of the Clean Water Act that included illegal discharges of feedlot runoff.
- All but two of the eight beef cattle feedlots discharged runoff into waters that had been officially identified by Iowa as being impaired by pollutants typically associated with CAFOs.
- Each of the eight beef cattle feedlots were required to apply for a NPDES permit, to complete wastewater controls at the facilities, and to end unauthorized discharges of pollutants into waterbodies in Iowa.
- All but two of the eight beef cattle feedlots discharged runoff into waters that had been officially identified by Iowa as being impaired by pollutants typically associated with CAFOs.
- In FY 2010, EPA issued an administrative compliance order and penalty order against a beef cattle feedlot in central Nebraska for violations of its NPDES permit. EPA inspectors documented that the operation was land applying wastewater at an application rate that was fifteen times greater than was allowed in its nutrient management plan. The operation also agreed to pay a $20,000 penalty.
- In FY 2010, EPA issued an administrative compliance order against a beef cattle feedlot near Grand View, Idaho that will significantly reduce the amount of bacteria, nutrients, and other pollutants flowing from the feedlot into the Snake River and the Ted Trueblood National Wildlife Refuge by over an estimated one million pounds.
- The Snake River is impaired due to high levels of bacteria and nutrients that reduce the oxygen available in the water to support aquatic life. The presence of pathogens in this river poses risks to human health from waterborne pathogens that cause disease.
- The Snake River is impaired due to high levels of bacteria and nutrients that reduce the oxygen available in the water to support aquatic life. The presence of pathogens in this river poses risks to human health from waterborne pathogens that cause disease.
- In FY 2010, EPA issued an administrative compliance order against a sheep feedlot in Colorado that will reduce the amount of water pollutants flowing from canals on the feedlot by an estimated 750,000 pounds to protect the Cache La Poudre River.
- The feedlot owner must obtain a Clean Water Act permit that will place limits on the flow of pollutants into nearby waterways from on-site canals located on the property.
- EPA’s administrative compliance order requires the facility to remove manure, feed, and other pollutants from drainage ditches to prevent transport into the Cache La Poudre River.
- The feedlot owner must obtain a Clean Water Act permit that will place limits on the flow of pollutants into nearby waterways from on-site canals located on the property.
Transition to the FY 2011-2013 National Enforcement Initiative for Preventing Animal Waste from Contaminating Surface and Ground Waters
In 2009 EPA’s Office of Enforcement and Compliance Assurance (OECA) conducted outreach to other EPA programs, EPA Regions, states and tribal governments, environmental media associations, environmental advocacy and environmental justice groups, and the public to solicit suggestions for OECA’s enforcement initiatives for the 2011-2013 fiscal years. There was widespread support for continuing EPA’s work on reducing pollution from animal waste. Work under this initiative will continue in FY 2011-2013 to focus primarily on existing large and medium CAFOs discharging without a permit.