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New DEC CAFO Permit Released

 

New York State Department of Environmental Conservation released a new ECL SPDES General Permit for Concentrated Animal Feeding Operations (CAFOs) – Permit No. GP-0-22-001.  This permit will replace the current ECL CAFO General Permit GP-0-16-001.  While it was issued on July 22, 2022 the permit will become effective on January 23, 2023.

We gave a more detailed review of the proposed permit during the public comment period.  However, in the coming weeks we will evaluate the final permit language and schedule webinar(s) to go over the specifics and allow for Q & A. 

What’s New

·        This permit term is 10 years.  Previous CAFO permits were 5-year permits.

·        The Clean Water Act General Permit (GP-0-19-001) will not be renewed and will expire on July 23, 2022.  CAFO’s who discharge manure, litter or process wastewater to surface waters of the State, must seek coverage under an Individual SPDES permit for Industrial Discharges.

·        Electronic submission will be required for all forms related to your CAFO permit

·        New small CAFOs may voluntarily seek coverage under the permit

·        Notification requirements

·        Climate Change Resiliency

·        Non-Contact Cooling Water authorizations

·        Construction Stormwater General Permit

·        Other changes and definitions for clarification, reporting and updated standards/guidance documents

 

Permit Transition – how to apply for continuing coverage under the ECL General Permit

To maintain uninterrupted ECL general permit coverage, a completed Request to

Continue Coverage form and Comprehensive Nutrient Management Plan (CNMP) Certification,

signed by both the owner and Agricultural Environmental Management (AEM) certified planner,

must be received by the Department 30 calendar days prior to the effective date of GP-0-22-001.

Within that 30 day time period, the Department will review the Request to Continue Coverage

form and the CNMP Certification and contact the CAFO if there are any deficiencies that need to

be corrected. GP-0-16-001 will remain effective for CAFOs who had coverage under that general permit  until the effective date of GP-0-22-001. Coverage under GP-0-22-001 will begin 30 calendar days after the Department receives both the completed Request to Continue Coverage form and signed CNMP Certification, but not prior to the effective date of GP-0-22-001.

 

Learn More

·        See the full GP-0-22-001 permit language

·        See the accompanying CAFO Fact Sheet GP 0-22-001

·        Questions?  Contact:

Sara H. Latessa

Research Scientist 2, Division of Water

New York State Department of Environmental Conservation

P: 518-402-8279 | sara.latessa@dec.ny.gov

Stay tuned for more information and educational sessions in the near future to discuss these changes, understand how to apply for the new permit, and clarify any of the new or updated portions of the permit.

 

Elizabeth Wolters

Deputy Director of Public Policy

New York Farm Bureau

ewolters@nyfb.org

 

Kirsten Workman

Nutrient Management & Environmental Sustainability Specialist

Cornell PRO-DAIRY

kw566@cornell.edu

 

Tonya Van Slyke

Executive Director

Northeast Dairy Producers Association

tonya@nedpa.org