Regulating CAFO discharge (NC)

Clean Water Act applied to factory farms in NC

Intensive livestock and poultry operations will have to meet both federal regulations and North Carolina requirements under new permits that the North Carolina Division of Water Quality issued in 2002. The permits will bring swine, poultry, cattle and dairy farms under the umbrella of the National Pollutant Discharge Elimination System (NPDES) program, which aims to cut water pollution at the source.

Animal operations in NC have always had to comply with conditions of the federal Clean Water Act but previously have been permitted under state authority. With the new permitting system, hog facilities with more than 2500 swine that weigh more than 55 pounds each, and smaller operations that have discharged waste to surface waters, must apply for a federal permit as well.

The permit retains the prohibition on discharging waste to surface water, and has a number of improvements over the state's previous general permit for swine operations.Factory farms will be held to higher performance standards as well as have maintenance and reporting requirements. Perhaps most importantly, an animal operation's waste management practices will be public information and private citizens will have the right to initiate legal action against polluting farms.

The Southern Environmental Law Center continues to stay abreast of permit applications to ensure that public health and the environment are protected.

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