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Maryland’s proposed regulations for Animal Feeding Operations (AFOs) became effective January 12, 2009, and the Maryland General Permit for Concentrated Animal Feeding Operations (CAFOs) and Maryland Animal Feeding Operations (MAFOs) will take effect on December 1, 2009*. CAFOs were required by the regulations to submit a Notice of Intent (NOI) to comply with the permit by February 27, 2009. Any CAFOs that have not yet done so must submit a NOI and other required documents as soon as possible. MAFOs must submit a NOI and other required documents by March 1, 2010.
Together, the regulations and permit are designed to control nutrients from Maryland’s largest agricultural animal operations and are a significant step forward in protecting the Chesapeake Bay, local waterways, and our drinking water. The AFO regulations and permit are just one part of a comprehensive, statewide effort to address all sources of pollution that are impairing our waterways: wastewater treatment plants, industrial discharges, septic systems, urban/suburban stormwater runoff, and air emissions from power plants, cars, and trucks.
Concentrated Animal Feeding Operations or “CAFO”
The regulations, which are in effect now, require that all Concentrated Animal Feeding Operations (CAFOs), including dry manure poultry operations that discharge or propose to discharge to the waters of the State must apply to the Maryland Department of the Environment for a discharge permit by February 27, 2009. That application must include a copy of the AFO’s Comprehensive Nutrient Management Plan (CNMP). For those operations that do not have a plan ready by the required submittal date, the applicant must provide additional information detailing their efforts to comply with the CAFO rule and a timetable for completing a plan.
The new regulation incorporates the federal rules that require a case-by-case evaluation by the CAFO owner or operator to determine whether the CAFO discharges or proposes to discharge based on the facility’s design, construction, operation, and maintenance. The Environmental Protection Agency recently has been providing guidance to farmers in a series of meetings in Maryland and Delaware regarding whether a facility will be considered to be a discharger under the federal rule. An EPA fact sheet is now available regarding what constitutes a discharge. The Maryland Department of the Environment will not be able to provide written confirmation that a specific large or medium animal feeding operation is exempt from needing a permit because the EPA has determined that the individual owner or operator who is most familiar with the drainage patterns at the specific AFO site is best equipped to make the determination of whether or not a discharge may occur.
MDE has waived the permit application fee requirement until Maryland's general permit becomes effective. The Department will notify all permit applicants when the permit becomes effective and will notify applicants if fees will be required at that time. The Department has determined in consultation with EPA that submission of the form for general permit 09AF/MDG01 with required attachments listed on the form meets the federal CAFO discharge application submittal requirements.
Funding for conservation practices to help farmers meet the new requirements is available through federal funding (including an additional $5.1 million in Farm Bill funding this year above the $6.4 in already allocated federal funds, and more in future years). State funding continues through the Chesapeake 2010 Trust Fund and a variety of other sources. These funds are provided as usual through MDA and NRCS.
Please review this information carefully to determine if your operation is required to submit a permit application at this time. For information on obtaining a Comprehensive Nutrient Management Plan (CNMP) contact your local NRCS staff at your soil conservation district office."
General Permit for Animal Feeding Operations or “MAFO”
The Maryland AFO General Permit will be in effect as of December 1, 2009,* and the deadline for submitting Maryland AFO permit applications is March 1, 2010.
By November 1, 2009, MDE will mail detailed information on what operators must do to obtain coverage under the MAFO permit to all operators who have submitted a Notice of Intent (NOI) to comply with the permit and will post this same detailed information on this web page.
Operators of animal feeding operations (AFOs) that have not already submitted an NOI, and that believe they do need CAFO or MAFO permit coverage, are urged to submit their NOI and other required documents as soon as possible. Additional information is available on the links provided below or by contacting Mr. Gary Kelman of MDE’s CAFO Unit Supervisor at 410-537-4423 or gkelman@mde.state.md.us.
*Note: MDE issued its final determination to issue a Maryland General Permit for AFOs on January 2, 2009; however, issuance of the General Permit was delayed by a legal challenge. On May 5, 2009, the Maryland Office of Administrative Hearings issued a Proposed Decision upholding the permit against this legal challenge, and Petitioners Assateague Coastkeeper, Lower Susquehanna Riverkeeper, C. & B. Schelts, & Waterkeeper Alliance filed exceptions to that ruling. On September 2, 2009, following further briefing and oral argument, MDE issued the Final Decision, holding that the Petitioners have not placed any material fact in dispute and that the proposed General Permit conforms to federal and State law. The issuance of this Final Decision allows MDE to issue the General Permit and to place applicable facilities under the new requirements designed to protect the waters of the State. The Petitioners filed an appeal of the Final Decision in the Circuit Court for Baltimore City on October 2, 2009. In the absence of a court-issued stay of the Final Decision, MDE and MDA agree that it is in the best interest of Maryland's waterways, facilities subject to Maryland’s AFO requirements, and all Marylanders for MDE to issue the permit, effective December 1, 2009. This will allow existing AFOs and those wishing to construct new AFOs to implement the necessary environmental controls under the clear and consistent guidelines provided by the permit.
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