What is AFO/CAFO and does it concern me?  

If you have livestock (pigs, goats, llamas, horses, cows, poultry, etc…) you could be designated as an Animal Feeding Operation (AFO), a Confined Animal Feeding Operation (CAFO) or neither. It doesn’t matter how many head of livestock you have, it depends on other factors described within this document.  

The Pend Oreille Conservation District (POCD) is trying to be proactive and offer assistance to landowners. A lot of what will be discussed here is current State or Federal law you as a landowner may not be aware of, or if you are, might not understand the effects it can have on you. We will be more than happy to work with you to try and solve any problems you might have. If you find yourself being cited or issued a warning by one of the regulatory agencies, contact us…we can help. We are the landowner’s liaison between you and the agencies. We do not report our findings to the regulatory agencies. Our goal is to assist landowners with technical and sometimes financial help to comply with state laws.  

Waters of the State  

Lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface water and watercourses within the jurisdiction of the state of Washington . --Revised Code of Washington (RCW) 90.48.020  

The Attorney General concluded that this definition included waters "found in canals, drains, wasteways, and reservoirs of irrigation and drainage systems located within the state."  

Pollution  

Contamination, or other alteration of physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life –RCW 90.48.020  

The Revised Code of Washington (RCW) Chapter 90.48.080 states; “it is unlawful for any person to throw, drain, run, or otherwise discharge into any of the waters of this State, or to cause, permit or suffer to be thrown, drained, allowed to seep or otherwise discharge into such waters any organic or inorganic matter that shall cause or tend to cause pollution…”  

Question?

 If spring run-off and snow melt flows across private property and picks up pollutants and then delivers them to a stream or river, is this a violation of RCW 90.48?

 Yes, this type of pollution is considered "non-point source pollution" or "polluted run-off" and may result in a violation of RCW 90.48 if sufficient best management practices (BMPs) are not in place to prevent pollution from reaching surface water.

 Now being aware of the laws; what is an AFO or CAFO?  

·        You have an AFO if:  

1.   your animal(s) needs to be confined for 45 day out of the year. A day is considered anytime an animal is confined. Example: You bring your horse up to the paddock area to treat a cut, and leave it there for an hour. This is considered a day of confinement.  

2.   the area of confinement is void of adequate vegetation in height and ground cover.  

·        In order to be a CAFO, you must first be considered an AFO.  

1.      The qualifier making you a CAFO is the requirement of manure management and wastewater/stormwater runoff management to avoid polluting rivers, lakes and aquifers.  

2.      If there is a discharge of a pollutant from your facility, you are required by law to apply for a permit from the Washington State Department of Ecology (DOE).  

Is every livestock owner designated as an AFO or CAFO?  

Not necessarily. If you don’t meet the qualifications for an AFO, you can’t be a CAFO. If you are not an AFO or CAFO, you are listed as rangeland. No matter your designation, we still suggest you do a self assessment, or invite us to assist you in doing an assessment (FREE) so you don’t become an AFO or CAFO.  

If you are designated as an AFO, but not a CAFO, we strongly suggest you do a self assessment, or invite us to assist you in doing an assessment (FREE).  

How does DOE know who to look at?  

Believe it or not, most violators are turned in by neighbors or people passing by who might have a concern with what they see and how it affects the environment such as:    

What does DOE do when they see a problem?  

Best Management Practices (BMPs)  

The Washington Administrative Code (WAC) 173-201A-510 states: “When applicable best management practices are not being implemented, the department may conclude individual activities are causing pollution in violation of RCW 90.48.080. In these situations, the department (DOE) may pursue orders, directives, permits or civil or criminal sanctions to gain compliance with the standards.”  

Remember!  

As previously mentioned, the Pend Oreille Conservation District stands ready to assist landowners with BMPs designed to protect our natural resources. If you have any questions, or want a copy of the self assessment survey don’t hesitate to call/email Russ at (509) 447-5370 russ@pocd.org or click here to download survey (LARGE FILE 6.8 MEG DOWNLOADS SLOWLY).