Concentrated Livestock Existing Alongside Nature Act - Prohibits the application of animal waste to land where the nitrogen or phosphorus would increase the risk of soil toxicity or surface or ground water pollution.
Directs the Administrator of the Environmental Protection Agency (EPA) to establish: (1) permitted levels for other substances found in animal waste; and (2) minimal distances from environmentally sensitive locations or high density or sensitive populations for the aerial spraying of animal waste.
Requires a containment system for the retention of all animal waste, both wet and dry, including the construction and use of certain structures to store excess waste. Stipulates that these systems and structures have sufficient structural integrity and/or emergency shutoff devices and be sited in such a way as to eliminate or contain discharges and pollution.
Amends the Clean Air Act to direct the Administrator to promulgate national primary ambient air quality standards for hydrogen sulfide and ammonia as measured at any point on the property line of a concentrated animal feeding operation (CAFO).
Directs the Administrator to establish an animal waste management program which requires animal owners to have an approved animal waste management plan designed to prevent the discharge of animal waste into surface or ground water. Requires the Administrator to develop plan requirements in consultation with the Secretary of Agriculture.
Requires the Administrator to: (1) compel the closure of any CAFO operating without an approved plan; and (2) review and modify plans where it is administratively determined that a CAFO has caused significant water pollution.
Waives Federal requirements where State requirements exist that are equally or more stringent.
Amends the Food Security Act of 1985 to exclude the expansion of a CAFO from cost-share payments under that Act. Includes, however, as part of the environmental quality incentives program, an animal waste management plan developed by a livestock operator too small to be considered a CAFO.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1407 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1407
To regulate concentrated animal feeding operations for the protection
of the environment and public health, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2003
Mr. Edwards introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To regulate concentrated animal feeding operations for the protection
of the environment and public health, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Concentrated Livestock Existing
Alongside Nature Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Animal owner.--
(A) In general.--The term ``animal owner'' means
the person that has the primary ownership, controlling,
or beneficial interest in the animals in a concentrated
animal feeding operation.
(B) Inclusions.--The term ``animal owner'' includes
an employee or agent of a person described in
subparagraph (A).
(3) Animal waste.--
(A) In general.--The term ``animal waste'' means
the excreta or other associated waste of an animal.
(B) Inclusions.--The term ``animal waste'' includes
litter, bedding, a dead animal, a composted animal
carcass, or other residual organic matter from a
concentrated animal feeding operation.
(4) Animal waste management plan.--The term ``animal waste
management plan'' means a written statement submitted by the
operator of a concentrated animal feeding operation to the
Administrator detailing the manner in which the operation will
comply with this Act.
(5) Animal weight capacity.--The term ``animal weight
capacity'' means the product obtained by multiplying--
(A) the maximum number of animals in a concentrated
animal feeding operation at any 1 time during a year;
and
(B) the average weight of such an animal during a
production cycle (as defined by the Administrator).
(6) Application.--The term ``application'' means laying,
spreading on, irrigating, injecting, or otherwise placing
animal waste on land by any means.
(7) Approved plan.--The term ``approved plan'' means an
animal waste management plan for which a written notice of
approval has been issued by the Administrator, and is
effective, under this Act.
(8) Concentrated animal feeding operation.--
(A) In general.--The term ``concentrated animal
feeding operation'' means any livestock or poultry
feeding operation that--
(i)(I) confines animals to areas that are
totally roofed;
(II) if the operation does not confine
animals to areas that are totally roofed,
confines animals to areas in which the animal
density, measured as the ratio of the number of
animals to the acreage of the areas in which
the animals are confined, exceeds a level
established by the Administrator on the basis
of the potential for surface and ground water
pollution from animal waste; or
(III) collects animal excreta for disposal,
storage, or application with a mechanical or
flushing system or by other means;
(ii) holds animals for 45 days or more
during any 1-year period; and
(iii) has a capacity of at least 1,000
animals.
(B) Inclusions.--The term ``concentrated animal
feeding operation'' includes--
(i) all structures and land used for the
collection, storage, treatment, or application
of animal waste from an operation described in
subparagraph (A); and
(ii) each of 2 or more operations described
in subparagraph (A) in which the animals are
under common ownership or control, if the
combined animal weight capacity of the
operations exceeds the amounts described in
subparagraph (A)(iii).
(9) Containment structure.--The term ``containment
structure'' means a lagoon, pit, tank, or other structure used
to receive and store animal waste, regardless of the length of
time the waste remains in such a structure.
(10) Containment system.--The term ``containment system''
means all structures or devices used exclusively or partly for
the collection, storage, composting, transportation, or
application of animal waste from a concentrated animal feeding
operation.
(11) Department.--The term ``Department'' means the
Department of Agriculture.
(12) Dry waste operation.--The term ``dry waste operation''
means a concentrated animal feeding operation in which animal
waste is collected and stored exclusively in a dry form.
(13) Earthen lagoon.--The term ``earthen lagoon'' means an
earthen cavity or structure, covered or uncovered, that
receives and stores for any period of time animal waste from
animals in a concentrated animal feeding operation.
(14) Formed storage structure.--The term ``formed storage
structure'' means a structure, covered or uncovered, that has
walls and a floor constructed of concrete, concrete block,
wood, steel, or similar material, including plastic, rubber,
fiberglass, or other synthetic material.
(15) Operator.--
(A) In general.--The term ``operator'' means a
person that owns or controls a concentrated animal
feeding operation.
(B) Agents.--If the operator of a concentrated
animal feeding operation is not the same person as the
animal owner, the operator shall be considered to be an
agent of the animal owner, notwithstanding any contract
or other agreement entered into between the owner and
the operator.
(16) Wet waste operation.--The term ``wet waste operation''
means a concentrated animal feeding operation in which animal
waste is collected and stored in a liquid or semiliquid form.
SEC. 3. WATER AND SOIL POLLUTION.
(a) Maximum Levels for Nitrogen and Phosphorus.--The application of
animal waste to land by any person is prohibited if (taking into
account all sources of nutrients, including commercial fertilizer) the
application of animal waste would result in the application of nitrogen
or phosphorus in a quantity that significantly increases the risk of
increased soil toxicity or the pollution of surface or ground water.
(b) Maximum Levels for Other Substances.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in consultation with
the Secretary of Agriculture, shall establish maximum permitted
levels for other nutrients, minerals, metals, or other
substances found in animal waste whose presence in land above
the levels would pose a significant threat of soil toxicity or
environmental pollution.
(2) Excess levels.--The application of animal waste to land
by any person is prohibited if following the application of the
animal waste the level of a substance referred to in paragraph
(1) would exceed the maximum level established for the
substance by the Administrator.
(c) Application of Waste to Land.--
(1) Aerial spraying.--The Administrator, in consultation
with the Secretary of Agriculture, shall establish--
(A) minimum distances from environmentally
sensitive locations and locations with high population
density or sensitive populations (including distances
from neighboring residences, schools, day care centers,
hospitals, medical facilities, surface water, water
supply wells, wetlands not used for water treatment
purposes, floodplains, and the drainage areas of
drainage wells, drainage ditches, tile drainage lines,
and subsurface drainage inlets) within which animal
waste shall not be applied by aerial spraying; and
(B) limits and prohibitions on aerial spraying on
compromised soil during severe inclement weather.
(2) Other applications.--Animal waste shall not be
applied--
(A) on ice, snow, frozen soil, or water-saturated
soil; or
(B) in other conditions designated by the
Administrator.
(d) Containment or Treatment of All Waste.--
(1) Containment.--Any containment system shall retain all
animal waste produced by the operation between applications,
including runoff that runs through or into any area or
structure in which animal waste is present.
(2) Treatment of excess waste.--If a wet waste operation
produces more animal waste than can be applied to land in
accordance with this Act or used for another purpose determined
by the Administrator to pose no significant risk of water
pollution, the operation shall treat the excess animal waste in
accordance with Federal, State, and local laws (including
regulations) governing the treatment of human waste.
(3) Storage of excess waste.--If a dry waste operation
produces more animal waste than can be applied to land in
accordance with this Act or used for another purpose determined
by the Administrator to pose no significant risk of water
pollution, animal waste of the operation shall be stored only
in a covered, formed storage structure constructed in
accordance with technical standards established by the
Administrator that ensure that the structure--
(A) has the structural integrity to withstand
expected internal and external load pressures; and
(B) will not discharge animal waste.
(e) Construction and Use of Certain Structures.--An owner or
operator of a concentrated animal feeding operation shall not construct
or, effective beginning on the date that is 3 years after the date of
enactment of this Act, use for the storage of animal waste--
(1) a containment system, if any portion of the system is
located below the highest ground water level that occurs during
the year; or
(2) an earthen lagoon that is--
(A) located in an area with characteristics
(including topology, hydrology, and soil composition)
that do not allow (according to technical standards
established by the Administrator) the construction of
an earthen lagoon without a significant risk of water
pollution from animal waste;
(B) located within minimum distances established by
the Administrator from environmentally sensitive
locations and locations with high population density or
sensitive populations (including distances from
neighboring residences, schools, day care centers,
hospitals, medical facilities, surface water, water
supply wells, wetlands not used for water treatment
purposes, floodplains, and the drainage areas of
drainage wells, drainage ditches, tile drainage lines,
and subsurface drainage inlets); or
(C) not lined in accordance with technical
standards established by the Administrator that use the
best available technology.
(f) Containment System for Wet Waste Operations.--The containment
system for a wet waste operation shall include--
(1) emergency shutoff devices that are designed and placed
in a manner that ensures the fastest practicable containment of
animal waste in the event of an unexpected leakage or other
discharge; and
(2) failsafe structures that will contain, in the event
that a containment structure breaches or overflows, a minimum
quantity of animal waste equal to the maximum quantity loaded
into the containment structure in any 48-hour period.
(g) Discontinuation of Use of Animal Waste Storage Structures.--
(1) In general.--An operator that ceases use of an animal
waste storage structure shall, not later than 180 days after
the date on which use of the structure ceases, remove and
dispose of all animal waste from the structure in accordance
with this Act.
(2) Permit.--An operator shall maintain for a storage
structure all applicable permits required under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.) until such
time as all animal waste is removed from the storage structure.
(h) Application of Animal Waste on Other Land.--Before applying
animal waste from a concentrated animal feeding operation on land other
than land owned by the animal owner or operator, the animal owner and
the owner of the land where the waste will be applied shall execute a
written agreement that includes such terms and conditions as are
necessary to ensure that the waste is applied in accordance with this
Act.
(i) No Authorization of Discharges.--Nothing in this section
authorizes the direct discharge of animal waste into surface water.
SEC. 4. AIR POLLUTION.
Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by
adding at the end the following:
``(e) Hydrogen Sulfide and Ammonia.--
``(1) Definition of cafo.--The term `CAFO' has the meaning
given the term `concentrated animal feeding operation' in
section 2 of the Concentrated Livestock Existing Alongside
Nature Act.
``(2) Limits on emissions.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Administrator
shall promulgate national primary ambient air quality
standards for hydrogen sulfide and ammonia as measured
at any point on the property line of a CAFO.
``(B) Permitted exceedances.--A CAFO may exceed a
standard under subparagraph (A) on not more than 7 days
in any calendar year if, for each day on which the
standard is to be exceeded, the owner or operator of
the CAFO provides to a State or local official
designated by the Administrator, at least 48 hours
before the day on which the standard will be exceeded,
notice of the upcoming exceedance.
``(3) No effect on other law; applicability.--Nothing in
paragraph (2)--
``(A) preempts any State or local law that imposes
a requirement that is more stringent than a requirement
under paragraph (2); or
``(B) applies--
``(i) in any State that has in effect a
statewide moratorium on the construction or
expansion of CAFOs; and
``(ii) provides, under State law (including
a regulation) equal or greater protection
against air pollution from CAFOs.''.
SEC. 5. PLAN APPROVAL.
(a) In General.--The Administrator shall establish and carry out an
animal waste management program under which the Administrator shall
approve an animal waste management plan submitted by an animal owner if
the plan meets the requirements of this Act.
(b) Inspection; Notice.--Prior to approving an animal waste
management plan, the Administrator, acting through the Chief of the
Natural Resources Conservation Service, shall conduct an on-site
inspection of the concentrated animal feeding operation to determine
whether the proposed animal waste management plan adequately takes into
account the specific circumstances of the operation.
(c) Compliance.--Approval of an animal waste management plan shall
be conditioned on the concentrated animal feeding operation remaining
in compliance with the plan and this Act.
(d) Operation of Existing Concentrated Animal Feeding Operations.--
Beginning on the date that is 18 months after the date of enactment of
this Act, a concentrated animal feeding operation in existence on the
date of enactment of this Act shall not operate unless the animal owner
of the operation has obtained approval of an animal waste management
plan for the operation from the Administrator.
(e) Construction or Expansion of Concentrated Animal Feeding
Operations.--The construction or expansion of a concentrated animal
feeding operation, or the expansion of a livestock or poultry feeding
operation that would make the operation a concentrated animal feeding
operation, is prohibited unless the animal owner of the operation has
obtained approval of an animal waste management plan from the
Administrator.
(f) Duration.--
(1) In general.--Approval of an animal waste management
plan may be effective for any period not to exceed 5 years.
(2) Deadline for completion.--Approval of an animal waste
management plan for the construction or expansion of a
concentrated animal feeding operation shall expire if the
construction or expansion is not completed within 1 year after
the date on which the approval is provided.
(3) Renewal.--
(A) In general.--An application for renewal of
approval of an animal waste management plan shall be
submitted to the Administrator at least 180 days before
the date on which the approval expires.
(B) Terms and conditions.--Renewal of approval of
an animal waste management plan shall be subject to the
terms and conditions that apply to the approval of an
animal waste management plan for a concentrated animal
feeding operation at the time of renewal.
SEC. 6. ANIMAL WASTE MANAGEMENT PLANS.
(a) In General.--In consultation with the Secretary of Agriculture,
the Administrator shall establish--
(1) the required elements of an animal waste management
plan; and
(2) technical standards for each element.
(b) Purpose.--The required elements of an animal waste management
plan shall be designed to prevent discharge of animal waste into
surface or ground water.
(c) Minimum Required Elements.--In addition to any other
requirements imposed under this Act, the required elements of an animal
waste management plan for a concentrated animal feeding operation shall
include--
(1) the names, addresses, and telephone numbers of the
animal owner and operator;
(2) the location and number of acres of the concentrated
animal feeding operation;
(3) the location of the properties adjoining the
concentrated animal feeding operation and the names, addresses,
and telephone numbers of the owners of the properties;
(4) if any animal waste will be applied on land other than
land owned by the animal owner or operator, a copy of each
written agreement executed between the animal owner and the
owner of the land where the waste will be applied that relates
to the waste;
(5) a map indicating the general layout of the concentrated
animal feeding operation, including--
(A) the location of each building or other
structure;
(B) the location of all portions of the containment
system;
(C) the location and flow of any surface water; and
(D) the direction and degree of all grades within
the property lines of the concentrated animal feeding
operation;
(6) a certification by the animal owner that the animal
owner will be responsible for and will ensure compliance with
the animal waste management plan and the requirements of this
Act;
(7) information necessary to determine the land area
required for the application of animal waste from the
concentrated animal feeding operation in accordance with the
requirements of this Act and any crop or cover schedule
specified in the plan;
(8) a schedule for periodic testing of soil nutrient
levels;
(9) a schedule for periodic testing of animal waste
nutrient levels;
(10) an estimate of the annual animal production and the
annual quantity of each type of animal waste produced by the
concentrated animal feeding operation;
(11) a description of the nutrient management methods,
procedures, and practices to be used by the concentrated animal
feeding operation to ensure that nutrients from all sources,
including animal waste and commercial fertilizer, are applied
in accordance with this Act;
(12) a description of the methods, structures, or practices
to be used by the concentrated animal feeding operation to
prevent or minimize--
(A) soil loss;
(B) surface water pollution;
(C) ground water pollution; and
(D) odors caused by animal waste during collection,
storage, and application;
(13) technical specifications for the design and
construction of containment systems to be used by the
concentrated animal feeding operation;
(14) a description of methods, procedures, and practices to
be used by the concentrated animal feeding operation for--
(A) operation, monitoring, maintenance, and
inspection of animal waste storage facilities; and
(B) handling, transportation, application, and
treatment of animal waste, including storage volume,
schedules for emptying storage facilities, and
application schedules, rates, and locations;
(15) a description of contingency measures to be used by
the concentrated animal feeding operation to minimize
environmental pollution resulting from any unexpected waste
leak or discharge;
(16) a description of practices and procedures to be used
by the concentrated animal feeding operation for the keeping of
records detailing compliance with the animal waste management
plan and this Act; and
(17) any additional requirements necessary to comply with
applicable Federal, State, and local laws (including
regulations).
SEC. 7. RECORDKEEPING.
(a) In General.--An animal owner shall maintain a current animal
waste management plan and records that are sufficient to demonstrate
compliance with the plan and this Act.
(b) Duration.--The animal owner shall retain the records for not
less than 3 years.
SEC. 8. REGULATIONS.
The Administrator shall promulgate such regulations as are
appropriate to carry out this Act.
SEC. 9. ENFORCEMENT; PENALTIES.
(a) Closure of Concentrated Animal Feeding Operations.--The
Administrator shall take such actions as are necessary to compel the
closure of a concentrated animal feeding operation if--
(1) an animal waste management plan for the operation is
not submitted for approval, and approved, in accordance with
this Act; or
(2) the approval of the plan for the operation has been
revoked by the Administrator.
(b) Modification, Suspension, or Revocation of Plans.--
(1) In general.--The Administrator may modify, suspend, or
revoke, in whole or in part, the approval of an approved plan
for cause.
(2) Cause.--Cause for modification, suspension, or
revocation of the approval may include--
(A) failure to comply with the approved plan;
(B) a change in any condition of the concentrated
animal feeding operation that requires a change in the
containment system to maintain compliance with this
Act; and
(C) failure to submit to the Administrator, on
request, any records and information required to be
maintained under this Act.
(c) Mandatory Review of Management Practices.--If a concentrated
animal feeding operation is determined in an administrative action or
proceeding of any Federal or State agency to have caused significant
water pollution, the Administrator shall review the animal waste
management practices of the concentrated animal feeding operation to
determine if--
(1) the pollution resulted from failure to comply with an
approved plan; and
(2) modifications to the approved plan are required to
prevent further pollution.
(d) Liability for Violations.--For the purpose of this section, an
animal owner shall be considered to be liable for a violation of this
Act by the owner or operator of a concentrated animal feeding operation
in which the animals of the animal owner are located, or by any other
agent of an animal owner, who is acting within the scope of the
authority of the agent.
(e) Transfer of Responsibility or Liability From Owners to
Operators.--No provision of a contract or other agreement between an
animal owner and an operator shall transfer responsibility or liability
under this Act from the animal owner to the operator.
(f) Civil Penalty.--
(1) In general.--The Administrator may impose on a person
that fails to comply with any provision of this Act (including
a regulation promulgated under this Act and any provision of an
applicable animal waste management plan or approved plan) such
civil penalty as the Administrator considers to be
appropriate--
(A) to remedy the violation; and
(B) to deter future violations.
(2) Continuing failure to comply.--The Administrator may
impose a civil penalty under paragraph (1) for each day on
which a failure of compliance continues.
SEC. 10. WAIVER.
(a) In General.--The Administrator may waive any or all of the
requirements of this Act with respect to owners and operators that the
Administrator determines are subject to similar State requirements that
are equally stringent as or more stringent than the requirements of
this Act.
(b) Determination.--The Administrator shall make a determination
under subsection (a) if the Administrator determines that a State--
(1) enforces a moratorium on the construction or expansion
of concentrated animal feeding operations;
(2) participates in the national pollutant discharge
elimination system program under section 402 of the Federal
Water Pollution Control Act (33 U.S.C. 1342); and
(3) provides through State law (including a regulation)
equal or greater protection against pollution from concentrated
animal feeding operations.
SEC. 11. VOLUNTARY COMPLIANCE INCENTIVES UNDER ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
(a) Eligible Practices.--Section 1240B of the Food Security Act of
1985 (16 U.S.C. 3839aa-2) is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(B) by striking ``With respect'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), with respect''; and
(b) by adding at the end the following:
``(B) Ineligible practices.--A producer shall not
be eligible for cost-share payments for the
construction or expansion of a concentrated animal
feeding operation (as defined in section 3 of the
Concentrated Livestock Existing Alongside Nature
Act).'';
(2) in subsection (b)(1), by striking ``A contract'' and
inserting the following: ``Except as provided in subsection
(a)(2)(B), a contract''.
(c) High Priority for Assistance and Payments.--Section 1240C of
the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) encourage the use by producers of
``(A) environmentally superior technologies; or
``(B) cost-effective conservation practices; or
``(2) are provided for the development and implementation
of animal waste management plans that meet standards
established under the Concentrated Livestock Existing Alongside
Nature Act by livestock producers for whom animal waste
management plans are not required under that Act.''.
(d) Approved Plan.--Section 1240E(a) of the Food Security Act of
1985 (16 U.S.C. 3839aa-5(a)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately;
(2) by striking ``(a) In General.--To be'' and inserting
the following:
``(a) Requirements.--
``(1) In general.--To be''; and
(3) by adding at the end the following:
``(2) Animal waste management plan.--An animal waste
management plan that meets the requirements of the Concentrated
Livestock Existing Alongside Nature Act, but that is prepared
by a livestock operator that is too small to be considered a
concentrated feeding operation (as defined in section 3 of that
Act), shall be considered to be an approved plan of operations
under the environmental quality incentives program.''.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act such
sums as are necessary for each of fiscal years 2003 through 2007.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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