United States Department of Agriculture
Natural Resources Conservation Service

Wyoming

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Section 1 - Regulatory Requirements

According to state and federal regulations, any operation that discharges or has the potential to discharge wastewater to a surface water of the state is required to receive coverage under a National Pollutant Discharge Elimination System (NPDES) permit. The NPDES program regulates a variety of operations such as industrial plants, municipal wastewater treatment plants, oil and gas wells, and concentrated animal feeding operations (CAFOs). The primary objective of the program is to control the quality of wastewater entering our rivers and streams. Below is a summary of the regulations associated with CAFOs and the NPDES Program. If you have additional questions or concerns, please contact Leah Krafft (307-777-7093) or Maggie Davison (307-777-6709) of the Department of Environmental Quality/Water Quality Division (DEQ/WQD). Additional information can also be found on the Internet at: http://deq.state.wy.us/wqd.htm.

Size Requirement

CAFO (>1,000 animal units)

All animal feeding operations (AFO) containing 1,000 or more animal units at any time during a year are designated as a CAFO. The six questions listed below will assist you in determining if your operation satisfies the definition of an AFO, CAFO, and calculate animal units.
 

1) What type of livestock do you raise?



2) Are your livestock confined for 45 days or longer in any 12 month period?

___ Yes

___ No
 

3) Is there no crop or forage growth in the confinement area?

___ Yes

___ No
 

4) If you answered 'yes' to both questions two and three, you have an animal feeding operation (AFO).

All AFOs should consider using Best Management Practices (BMPs) to protect waters of the state and use manure in a beneficial way. There are a wide variety of BMPs with the following purposes:
  • divert clean surface water away from feedlot pens
  • decrease open lot surface area
  • decrease water volume
  • decrease the potential for feedlot runoff to enter state waters
  • decrease the potential for solids to enter state waters
  • protect groundwater
  • agronomically utilize nutrients in manure

5) How many of each type of livestock do you have on average at any one time (fill in Columns A and B)?

Livestock type data table
A. Livestock
Type 
B. Number of Head C. Animal Units Equivalency Factor
(see table below)
D. Animal Units
       
       
       
       
       
Total      

Calculate how many animal units you have by multiplying the number of head by the animal unit equivalency factor (fill in Column C using the table below) for each livestock type and then totaling the animal units (Column D).
 
 
Animal Unit Determination
Livestock Type

Animal Unit Equivalency Factor

Slaughter and Feed Cattle and Bison

1.0

Horses

2.0

Mature Dairy Cattle

1.4

Swine (>55 lb.)

0.4

Sheep

0.1

Poultry There are currently no animal unit conversion factors for poultry operations. Refer to the total number of animals listed below.


6) Does the number of animal units for any one animal type exceed the corresponding number indicated below or does the cumulative number of animals exceed 1,000 animal units?

___ Yes

___ No If you answer 'yes' to questions two, three, and six, your operation automatically falls under the regulatory framework of the NPDES program and you will be required to obtain coverage under an individual NPDES permit.
 
CAFO Definitions
Animal Type Threshold Number of Animals by Animal Type to Meet the Definition ofa CAFO (>1,000 Animal Units)
Beef Cattle 1,000 slaughter and feeder cattle
Dairy Cattle 700 mature dairy cattle (whether milked or dry)
Swine 2,500 swine (over 55 lbs)
Sheep 10,000 sheep or lambs
Horses 500 horses
Chickens 100,000 laying hens or boilers (if continuous flow watering system); 30,000 laying hens or boilers (if liquid manure system)

 

AFO (<1,000 animal units)

In some cases, an AFO with less than 1,000 animal units may also be required to obtain coverage under a permit. For smaller AFO operations which cause or threaten to pollute waters of the state, the NPDES program will first coordinate with the operator and other federal, sate, and local agencies to initiate a voluntary approach to address and eliminate the unacceptable condition. An "unacceptable condition" includes situations related to a direct discharge of storm water runoff and wastewater through a manmade conveyance system or ditch to a surface water of the state, potential for an imminent threat to public health or environment, or a demonstrated violation of Wyoming Water Quality Standards.

If the voluntary approach does not resolve the unacceptable condition, the DEQ/WQD may elect to require the operator to receive coverage under an NPDES permit.

Confined Swine Feeding Operations

All Confined Swine Feeding Operations greater than 1,000 animal units will be permitted under Chapter 20 regulations and are not required to obtain a NPDES permit.


Permit Requirements

Once you have determined that your operation satisfies the definition of a CAFO or the DEQ/WQD has requested an AFO receive coverage under a permit, the operator must complete the NPDES Application for Permit to Discharge, Short Form B, requesting coverage under a permit.

The permit states that there shall be no discharge of pollutants to the surface except storm water runoff caused by precipitation in excess of the 25-year, 24-hours storm event. This requirement can be accomplished through the use of structural and nonstructural controls (i.e., Best Management Practices (BMPs)). These devices are designed to protect surface and ground water. Below are examples of these control devices.

Nonstructural Controls (BMPs)

  • divert clean surface water away from feedlot pens
  • livestock location restrictions
  • filter strips and terraces
  • disposal of manure

Structural Controls

  • treatment and disposal structures
  • precipitation runoff retention structures
  • runoff conveyance ditches
  • manure storage areas
If BMPs are not sufficient to contain the storm water runoff, then it may be necessary to construct structural controls. The DEQ/WQD requires all new and existing CAFOs that propose utilizing structural control devices obtain a WQD Permit to Construct. The permit addresses structural waste collection and treatment features such as surface runoff ditches, conduits, and retention ponds.

The NPDES permit also requires additional operational standards, maintenance and monitoring requirements such as:

  • Report any discharge resulting from a precipitation event;
  • Provide full recovery of runoff control ponds within 15 days of a runoff condition by decanting, pumping, irrigation or other measures which do not result in a direct or indirect discharge to surface water of the state;
  • Isolate areas used for the disposal of manure, waste solids, and liquid wastes to prevent materials from entering a surface water of the state;
  • Institute a program for periodic removal of sediment from all runoff control ponds;
  • Inspect runoff control systems quarterly;
  • Within 180 days of the date the permit was issued, the permittee shall prepare a report that summarizes:
    • description of all structural and nonstructural controls;
    • demonstrate that controls referenced above are designed, constructed, and operated to hold process-generated wastewater plus runoff from a 25-year/ 24-hour storm event;
    • develop a Nutrient Management Plan.

Complaints

Anyone who feels that an operation is creating water quality pollution can file a complaint with the DEQ/WQD. Once a complaint is filed, a representative from the department will contact the operator and conduct an onsite inspection to determine if a water quality problem exists. If problems exist, the department will initiate a voluntary approach to address and eliminate the unacceptable condition.

CNMP Workbook | Table of Contents