Concentrated Animal Feeding Operation (CAFO) NPDES General Permit

 

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 Who Needs One?

Any individual who operates a concentrated animal feeding operation (CAFO) that meets the criteria for a Class II operation (as specified in the general permit) must have a Division of Water Pollution Control issued CAFO NPDES General Permit. Individuals who operate a Class I CAFO must apply for an individual NPDES permit.

 What Information Must I Provide?

Applicants must submit the following information:

» A completed "Division of Water Pollution Control Notice of Intent under the General Permit for Class II Concentrated Animal Feeding Operations" form (Form CN-1147).

» A copy of a nutrient management plan for the CAFO that meets the requirement of the general permit

» If liquid manure will be managed, a copy of the waste handling system plan that meets the requirements of the general permit

» A USGS topographic map, county tax map, or soil map showing the acreage of the operation and the name of the nearest water body.

Notices of Intent and required attachments must be sent to the Tennessee Department of Agriculture at the following address:

CAFO Notice of Intent
Tennessee Department of Agriculture
Ellington Agricultural Center
P.O. Box 40627
Nashville, TN 37204-0627

NPDES Permit Forms and NOIs
Form Description	Number	Form
Division of Water Pollution Control Notice of Intent under the General Permit for Class II Concentrated Animal Feeding Operations	CN-1147	PDF
CAFO Rationale		PDF
Notice of Determination		PDF

 

 How Will My Application Be Processed?

Tennessee Department of Agriculture (TDA) will review the NOI and attachments. Upon approval of the attachments, TDA will forward the NOI to the Division of Water Pollution Control. Upon receipt of the NOI, the Division will send a letter of coverage to the operator of the CAFO. The issuance of a letter of coverage generally takes three weeks or less after receipt of the NOI form from the TDA.

 What Fees Are Required?

There are no application fees for the CAFO NPDES general permit.

 What Are My Rights and Responsibilities After the Permit is Approved?

A permittee who has submitted an NOI and received permit coverage has the duty to comply with all provisions of the general permit. Coverage under the NPDES general permit does not relieve the permittee of the responsibility for damages to surface or ground water. CAFOs that intend to increase the number of animals to a level above that previously approved by TDA must have an approved updated system design prior to feeding the additional animals. Notification of change of ownership must be submitted to the Division of Water Pollution Control. Facility owners are responsible for keeping records as detailed in the general permit. If the facility experiences any emergency that could impact the waters of the state, they must notify the Division as detailed in the general permit.

 What Are the Division’s Rights and Responsibilities After the Permit is Approved?

The Division has the right to revoke, suspend, or deny the issuance of a permit to any applicant who violates the state statutes, departmental regulations, or terms of the general permit. Any person who violates or fails to comply with the state statutes, rules, or regulations may be subject to civil penalties.

 Whom Do I Contact For Applications, Assistance and Other Information?

Applicants may obtain applications from any NRCS office, the TDA, or any TDEC Environmental Field Office.

 Applicants may refer to the following publications for further information:

» Class II Concentrated Animal Feeding Operation NPDES General Permit
» TDEC Rule 1200-4-5.14 Animal Feeding Operations
» TDEC Rule 1200-4-10 Regulations to Govern the Issuance of NPDES General Permits
» TCA § 69-3-108 Tennessee Water Quality Control Act of 1977