The Feedlot Permit Program protects surface and ground waters of South Dakota by regulating concentrated animal feeding operations (CAFOs) and on-site wastewater (septic tank) systems.
Protect surface and ground waters of the state;
Implement and enforce federal Clean Water Act regulations and state General Water Pollution Control Permit for Concentrated Animal Feeding Operation rules; and
Implement and enforce state on-site wastewater system rules.
The animal feeding operation requirements in South Dakota are based on a federal law passed by Congress in 1972. This law was called the Clean Water Act and specified that certain animal feeding operations were subject to the permitting system created by the Act. This permitting system was called the National Pollutant Discharge Elimination System or NPDES Permit Program. Essentially, the Act requires a NPDES permit for any discharge of pollution that comes from a point source. Congress said that animal feeding operations were considered a point source. In 1974, the U.S. Environmental Protection Agency (EPA) developed regulations establishing the basic requirements animal feeding operations have to meet today.
In the late 1980's and early 1990's, the state began to develop a program that met all federal requirements so the state Department of Environment and Natural Resources (DENR) could implement the Concentrated Animal Feeding Operation (CAFO) program in South Dakota instead of EPA. To do that, the state had to adopt laws and regulations that met the minimum requirements established by Congress and EPA. In December 1993, EPA gave South Dakota the authority to administer the program in South Dakota.
In 1996, the DENR worked cooperatively with the SD Pork Producers Council, many other agriculture groups, and local governments in drafting a proposed general permit that would apply to only swine feeding operations. After several public comment periods and a two-day contested case hearing, the Secretary issued the final permit on January 21, 1997. The permit became effective on February 1, 1997. Based on the success of the general swine permit, the South Dakota Department of Agriculture asked the DENR to develop a second permit that would cover other types of livestock feeding operations. The DENR drafted the permit during the summer of 1997 and provided several opportunities for public comment. After a hearing on January 28, 1998, the Secretary issued a final permit that became effective on February 10, 1998.
In December 2002, EPA revised the Clean Water Act regulation for CAFOs to update the old regulations and address water quality problems. South Dakota rules were revised to conform to the new federal rules and became effective July 1, 2003. All CAFOs were required to get permitted. Elements of the previously existing general permits and the new federal and state rules were incorporated into one general permit for CAFOs that was signed after a public hearing on September 12, 2003, and became effective October 20, 2003.
The new federal CAFO rule was challenged in court by producer and environmental groups. To address the court's decision, EPA proposed new rules which were finalized on October 31, 2008. Delegated states like South Dakota have one to two years to make the changes necessary to implement the federal rules changes. However, the 2008 rule was challenged by producer and environmental groups, and portions were vacated in a decision by the 5th Circuit Court of Appeals in 2011. In 2012, EPA issue a Final CAFO Rule removing the vacated elements.
The 2003 South Dakota general permit for CAFOs expired on October 19, 2008, but was administratively extended until state rules were changed to reflect the new federal rules and a new permit is issued. The process to reissue the general permit for concentrated animal feeding operations began two years ago during April 2015, when DENR staff started meeting and talking informally with agricultural groups, producer groups, and other interested parties. After a statewide webinar was held, DENR public noticed a draft general permit on Oct. 8, 2015, but it was contested by 11 intervention petitions. A contested case hearing initially scheduled for December 2015 was delayed, rescheduled, and held on Sept. 27-29, 2016. Petitioners represented at the hearing included Dakota Rural Action, South Dakota Cattlemenâ€™s Association, South Dakota Dairy Producers, South Dakota Pork Producers Council and Sonstegard Foods.
After listening to two-and-a-half days of testimony at the contested case hearing, DENR Secretary Steve Pirner, acting as hearing chairman, approved revisions and adopted a final permit. Attorneys for the DENR Feedlot Permit Program submitted to the Secretary proposed Findings of Fact and Conclusions of Law. Dakota Rural Actionâ€™s attorney submitted to the Secretary objections to the proposal. On March 10, 2017, the Secretary adopted final Findings of Fact and Conclusions of Law. Parties to the hearing had 30 days to appeal the Secretaryâ€™s decision to circuit court. Since the Secretaryâ€™s final Findings were not appealed, the General Water Pollution Control Permit for Concentrated Animal Feeding Operations is reissued and in effect.
The Secretary of DENR has the authority to issue a NPDES permit, or a surface water discharge permit as it is called in South Dakota, allowing businesses that have similar types of wastewater discharges to operate. This is called a general permit. A general permit contains standard conditions and limits required by state or federal law. Once the Secretary issues the permit, individual businesses apply to DENR to get approval to operate their business under the general permit. If that business meets the conditions of the permit, DENR authorizes the business to operate under the general permit. If the business cannot meet the conditions of the general permit, then the owner has the option of applying for an individual permit. A general permit and an individual permit are effective for five years and then must be renewed.
All CAFOs are required to obtain a surface water discharge permit under a general or individual permit. All CAFOs can be covered by the general permit provided the general permit requirements are met.
A CAFO is a lot or facility that stables or confines and feeds or maintains animals for a total of 45 days or more in any 12-month period and meets the following criteria for a large, medium, or small concentrated animal feeding operation:
|Table 1. Number of Animals to Define Large, Medium, and Small Concentrated Animal Feeding Operations|
|Type of Animal:||Concentrated Animal Feeding Operations/th>|
equal to or more than:
|Dairy cows (mature - milked or dry)||700||200 to 699||200|
|Veal Calves||1,000||300 to 999||300|
|Cattle other than mature dairy cows or veal calves 1||1,000||300 to 999||300|
|Swine (weighing more than 55 pounds)||2,500||750 to 2,499||750|
|Swine (weighing less than 55 pounds)||10,000||3,000 to 9,999||3,000|
|Horses||500||150 to 499||150|
|Sheep or Lambs||10,000||3,000 to 9,999||3,000|
|Turkeys||55,000||16,500 to 54,999||16,500|
|Laying hens or broilers 2||30,000||9,000 to 29,999||9,000|
|Chickens, other than laying hens 3||125,000||37,500 to 124,999||37,500|
|Laying hens 3||82,000||25,000 to 81,999||25,000|
|Ducks 2||5,000||1,500 to 4,999||1,500|
|Ducks 3||30,000||10,000 to 29,999||10,000|
|Geese||30,000||10,000 to 29,999||10,000|
1 Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs.
2 Animal feeding operation uses a liquid manure handling system.
3 Animal feeding operation uses other than a liquid manure handling system.
NOTE: Other animal types not listed in the above table may be considered on a case-by-case basis.
The CAFO definition excludes pastured livestock and most wintering areas from the general permit process. However, that does not mean that these practices do not cause pollution at times and would benefit from participating in a voluntary program to prevent water pollution.
The permit does not regulate odors or local land use planning. However, by constructing a manure management system and by following the best management practices in the permit, the producer will likely reduce odors or at least keep them to a minimum.
The general permit lays out the requirements for new, expanding, and existing operations.
Existing operations without a manure containment system must submit plans and specifications stamped by a South Dakota licensed engineer for a manure containment system. Existing operations with a manure containment system must submit plans and specifications of the existing structure showing the size and shape of the manure containment structure, the calculated capacity of the structure, and the existing or proposed location and elevation of the permanent marker. The producer shall also submit any information that is available detailing the construction of the existing structure to include as-built drawings, cross-sectional views of the structure, and location and type of piping.
In some cases the department may already have approved plans and specifications for the operation. If the operation's manure management system and maximum animal numbers have not changed and the producer is not having pollution issues occurring because of the existing manure management system, no additional information regarding the plans and specifications may be needed. The project engineer must submit a notice of completion to DENR indicating the plans and specifications are representative of the facility.
Following DANR's review and approval of the permit application and an inspection verifying the plans and specifications accurately represent the facility, a Certificate of Compliance and permit coverage will be issued to the producer.
Collection & Storage of Manure
Protection of Surface and Ground Water
The producer must develop and submit an initial nutrient management plan describing how and where the manure generated at the operation will be land applied. The plan must be based on the application of nitrogen and include a field specific phosphorus assessment. Existing operations have until December 31, 2006, to implement the phosphorus assessment portion of the permit.
New and expanding operations with construction starting after February 12, 2003, must submit a nutrient management plan meeting all requirements of the permit to show there is adequate land available to land apply the manure generated at the operation. This plan includes field specific phosphorus assessments.
Operations existing prior to February 12, 2003, without prior permit coverage must submit a nutrient management plan that meets all the requirements of the permit, however, the phosphorus application portions of the nutrient management plan are not required to be implemented until December 31, 2006. Existing operations with DENR approved nitrogen based application nutrient management plans may continue to use the approved plan with the revised buffer zone requirements in the current general permit. A revised nutrient management plan which includes field specific phosphorus assessment must be submitted to the department by July 1, 2006, and implemented by December 31, 2006.
The phosphorus assessment requires a field specific assessment for the initial nutrient management plan and before land application if any of the information from the initial plan has changed. For each field, the producer needs: a representative phosphorus soil test, a soil loss value which can be obtained from the local NRCS office, and whether or not the field has a 100-foot vegetated buffer to any waterway or wetland. Using the table below from the permit and the information mentioned above, the producer determines whether manure application is based on strictly nitrogen need, phosphorus crop removal, or if no application allowed.
|Nitrogen Need/Phosphorus Crop Removal Manure Application Determination Table|
|Soil Test Phosphorus ppm||Soil Loss - Erosion, Sheet and Rill Number (Tons per Acre)|
|Less than 4||4 to 6||Greater than 6|
|100 Foot Vegetated Buffer||100 Foot Vegetated Buffer|
|0-25||0-35||Nitrogen need||Nitrogen need||Nitrogen need||Nitrogen need||No application|
|26-50||36-75||Nitrogen need||Nitrogen need||Nitrogen need||Phosphorus crop removal1||No application|
|51-75||76-110||Nitrogen need||Phosphorus crop removal||Phosphorus crop removal||Phosphorus crop removal||No application|
|76-100||111-150||Phosphorus crop removal||Phosphorus crop removal||Phosphorus crop removal||Phosphorus crop removal||No application|
|Greater than 100||Greater than 150||No application||No application||No application||No application||No application|
|1Phosphorus crop removal is the amount of phosphorus a crop removes in a one year crop rotation.|
Fields requiring phosphorus crop removal based land application, using the table above, can be listed in the initial nutrient management plan and used for manure application but the field acres cannot be included in the total acres needed for a nitrogen based plan.
Soil and Manure Testing
Manure Application Restrictions
Other Producer Responsibilities
Yes. As required by state regulation, DENR will inspect these operations as follows:
In the event that there is a change in the ownership of a permitted animal feeding operation the permit must be transferred to the new owner/operator. Below is a list of items that the department requires prior to transferring permit coverage. Many of the listed forms are attached in the appendices of the general permit.
The department should be given 30 days notice prior to selling or transferring the facility to others. The new owner/operator will be required to attend the environmental training class sponsored by SDSU. Any other applicable permits (water right permit or ground water discharge permit) must also be transferred to the new owner/operator.
Yes. Other state permits that may be required are: