I
105TH CONGRESS
2D SESSION
H. R. 3232
To amend the Federal Water Pollution Control Act to control water pollution
from concentrated animal feeding operations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 12, 1998
Mr. MILLER of California (for himself, Mr. MARKEY, Mr. PALLONE, Mr.
STARK, Mr. FILNER, Mr. HINCHEY, Mr. FALEOMAVAEGA, Ms. FURSE,
Mr. GUTIERREZ, and Mr. DELAHUNT) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture
A BILL
To amend the Federal Water Pollution Control Act to control
water pollution from concentrated animal feeding oper-
ations, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Farm Sustainability
and Animal Feedlot Enforcement Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
‘‘(ii) contributes to the degradation of
a watershed as a result of a discharge of
pollutants.
The term includes all structures and land used
for the collection, storage, treatment, stock-
piling, or application of animal waste from such
an operation.
‘‘(B) REGULATORY
THRESHOLD
CAPAC-
ITY.—For purposes of subparagraph (A), an
operation has a regulatory threshold capacity if
the sum of the capacity fractions for each class
of animal is at least 1.0.
‘‘(C) CAPACITY FRACTION.—For purposes
of subparagraph (B), the term ‘capacity frac-
tion’ means, with respect to each class of ani-
mal, the fraction—
‘‘(i) the numerator of which is the ca-
pacity of the operation for such class of
animal, and
‘‘(ii) the denominator of which is the
specified capacity for such class of animal.
‘‘(D) CLASSES OF ANIMAL; SPECIFIED CA-
PACITIES.—The classes of animals and the
specified capacity for each such class shall be
determined in accordance with the following
table:
‘‘Classes of animals:
Specified capacity:
Slaughter steers and heifers ..........
500
Mature dairy cattle ........................
350
Swine weighing over 55 pounds
each.
1,000
Sheep .............................................
5,000
Turkeys ..........................................
27,500
Laying hens and broilers ...............
50,000
Horses ............................................
300.
‘‘(E) SPECIAL RULE FOR COMMON OWNER-
SHIP.—All operations that are within the same
watershed shall be treated as one operation for
purposes of this paragraph if the animals con-
fined at such operations are under common
ownership or control or if such operations are
under common ownership or control.
‘‘(2) OTHER DEFINITIONS.—In this subsection,
the following definitions apply:
‘‘(A) ANIMAL OWNER.—The term ‘animal
owner’ means the person that has the primary
ownership interest in an animal or a person
who has a controlling, contractual, or beneficial
interest in an animal confined at a concentrated
animal feeding operation, including an employee
or agent of the person.
‘‘(B) ANIMAL WASTE.—The term ‘animal
waste’ means the excreta or other waste of ani-
mals confined at a concentrated animal feeding
operation, including litter, bedding, a dead ani-
mal, a composted animal carcass, or other re-
sidual organic matter from a concentrated feed-
ing operation.
‘‘(C) 
CONTAINMANT
STRUCTURE.—The
term ‘containmant 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 the structure.
‘‘(D) DISCHARGE.—The term ‘discharge’
or ‘discharge of pollutants’ includes the release,
directly or indirectly to the waters of the United
States, of animal waste or nutrients, minerals,
metals, or other substances derived from animal
waste or any combination thereof.
‘‘(3) GENERAL
RULE.—Except in compliance
with the terms of a permit issued under this section,
it is unlawful to discharge pollutants from a con-
centrated animal feeding operation.
‘‘(4) PERMITS.—
‘‘(A) 
EXISTING
PERMITS.—Any 
con-
centrated animal feeding operation operating on
the date of the enactment of this Act under a
permit issued under this section may continue
to operate under the terms of the permit until
the permit expires.
‘‘(B) PERMITS REQUIRED FOR ALL OPER-
ATIONS.—After the last day of the 18-month
period beginning on the date of the enactment
of this subsection, it shall be unlawful to oper-
ate a concentrated animal feeding operation ex-
cept in compliance with an individual permit
issued under this section to the person respon-
sible for the day-to-day operations of the oper-
ation.
‘‘(C) 
MONITORING
AND
RECORD-
KEEPING.—Permits issued or renewed for a
concentrated animal feeding operation under
this section shall, at a minimum, specify the
surface and ground water monitoring, record-
keeping, and reporting requirements necessary
to ensure that no discharge of pollutants is oc-
curring from the operation.
‘‘(D) NEW
REQUIREMENTS
FOR
PER-
MITS.—After the date of the enactment of this
subsection, a permit issued or renewed for a
concentrated animal feeding operation under
this section shall require that the operator of
the operation operate in conformance with—
‘‘(i) applicable effluent limitations
adopted or revised under section 301, 302,
or 304;
‘‘(ii) applicable standards of perform-
ance adopted under section 306; and
‘‘(iii) after the last day of the 18-
month period beginning on the date of the
publication of guidance under paragraph
(5), a waste management plan approved
under paragraph (5).
‘‘(E) REOPENER
CLAUSE.—Any permit
issued or renewed for a concentrated animal
feeding operation after the date of the enact-
ment of this subsection but before the last day
of the 18-month period beginning on the date
of the publication of guidance under paragraph
(5) shall contain a clause stating that the per-
mit is not valid after such day unless the per-
mit is amended to incorporate a waste manage-
ment plan approved under paragraph (5).
‘‘(5) WASTE MANAGEMENT PLANS.—
‘‘(A) IN
GENERAL.—Not more than 2
years after the date of the enactment of this
subsection, the Administrator, in consultation
with the Secretary of Agriculture, shall publish
detailed guidance on the preparation and imple-
mentation of waste management plans for con-
centrated animal feeding operations. Such guid-
ance shall establish the required elements of a
waste management plan and establish technical
standards for each element.
‘‘(B) 
REQUIRED
ELEMENTS.—The 
re-
quired elements of a waste management plan
for a concentrated animal feeding operation
shall include at least—
‘‘(i) the names, addresses, and tele-
phone numbers of the operator of the oper-
ation and of all owners of animals confined
at the operation;
‘‘(ii) the location, including latitude
and longitude, and number of acres of the
operation;
‘‘(iii) a map indicating the general
layout of the operation, including the loca-
tion of each building or other structure,
the location of all portions of the contain-
ment system, the location and flow of any
surface water, the location of water supply
wells, and the direction and degree of all
grades within the property lines of the op-
eration;
‘‘(iv) a certification by the operator
that the operator will be responsible for
and will ensure compliance with the animal
waste management plan and the require-
ments of this Act and a certification by
each owner of 1 or more animals confined
at the operation acknowledging the poten-
tial joint liability of the animal owner as
provided under paragraph (7) if the opera-
tor violates the terms of the permit or the
requirements of this Act with respect to a
discharge from the operation;
‘‘(v) an estimate of the annual animal
production and the annual quantity of each
type of animal waste produced by the oper-
ation;
‘‘(vi) the crop or vegetative cover
schedule for any agricultural lands owned
or leased by the operator;
‘‘(vii) information necessary to deter-
mine the land area required for the appli-
cation of animal waste from the operation
as determined in accordance with the re-
quirements of this Act, including para-
graph (8), and any crop or vegetative cover
schedule specified in the plan;
‘‘(viii) a schedule for periodic testing
of soil nutrient levels;
‘‘(ix) a schedule for periodic testing of
animal waste nutrient levels;
‘‘(x) information necessary to deter-
mine the land area available to the opera-
tor for application of animal waste, includ-
ing copies of deeds of title and written
agreements for use of lands not owned by
the operator for application of animal
waste;
‘‘(xi) if methods of disposal for animal
waste other than land application by or on
behalf of the operator will be used, a de-
scription of those methods and the annual
quantity of animal waste to be disposed of
by each of these methods;
‘‘(xii) a description of the methods,
structures, or practices that the operator
will use to prevent soil loss, surface water
pollution and ground water pollution while
minimizing odors and pests caused by ani-
mal waste during collection, storage, and
application;
‘‘(xiii) technical specifications for the
design and construction of containment
systems that the operator will use;
‘‘(xiv) a description of methods, proce-
dures, and practices that the operator will
use for—
‘‘(I) operation, monitoring, main-
tenance, and inspection of animal
waste storage operations; and
‘‘(II) handling, transportation,
application, and treatment of animal
waste, 
including 
storage 
volume,
schedules for emptying storage oper-
ations, 
and 
application 
schedules,
rates, and locations;
‘‘(xv) a description of contingency
measures that the operator will use to min-
imize environmental pollution resulting
from any unexpected waste leak or dis-
charge;
‘‘(xvi) a description of practices and
procedures that the operator will use for
maintaining records detailing compliance
with the animal waste management plan
and this Act; and
‘‘(xvii) any additional requirements,
on a State-by-State or county-by-county
basis, imposed by a Federal, State, or local
law (including a regulation).
‘‘(C) SUBMISSION OF PROPOSED PLANS.—
An operator of a concentrated animal feeding
operation who is seeking a permit under this
section shall develop a waste management plan
for the operation, and submit that plan to the
Administrator for approval, under this para-
graph.
‘‘(D) PLAN APPROVAL.—Within 60 days of
the receipt of a proposed waste management
plan, the Administrator shall approve or dis-
approve that plan. The Administrator shall ap-
prove a proposed plan if (i) it contains the ele-
ments required under subparagraph (B), (ii) it
is consistent with guidance published by the
Administrator under subparagraph (A), (iii) it
conforms to technical standards published pur-
suant to this paragraph, and (iv) the Adminis-
trator has conducted an onsite inspection of the
operation and determined that the plan is ap-
propriate for the operation. The Administrator
shall notify the applicant, in writing, of the ap-
proval or disapproval of a plan, including the
reasons for any disapproval.
‘‘(E) 
REVISION
OF
GUIDANCE
AND
PLANS.—From time to time, but not less than
every 5 years, the Administrator shall revise the
guidance for preparation of waste management
plans under this paragraph to incorporate im-
provements in monitoring, recordkeeping, waste
handling and disposal methods, and other plan
elements as they become technologically feasible
and economically achievable. Not later than 6
months after the publication of revised guidance
under this subparagraph, the Administrator
shall not approve a waste management plan
under this paragraph unless it complies with
the revised guidance.
‘‘(6) REVISION OF REGULATIONS.—
‘‘(A) IN GENERAL.—Not later than 2 years
after the date of the enactment of this sub-
section, the Administrator shall revise regula-
tions issued to carry out this Act to ensure that
concentrated animal feeding operations employ
the best available technology economically
achievable, or, in the case of new or expanded
concentrated animal feeding operations, the
best available demonstrated technology nec-
essary to achieve no discharge of pollutants.
‘‘(B) MINIMUM REQUIREMENTS.—Effluent
limitations for existing and new concentrated
animal feeding operations, standards of per-
formance for new concentrated animal feeding
operations, and pretreatment standards for new
and existing concentrated animal feeding oper-
ations revised pursuant to this paragraph shall,
at a minimum—
‘‘(i) require, within 3 years after the
date of the enactment of this subsection,
that new containment structures and waste
application systems be sited and con-
structed to minimize the risk of discharges
of pollutants to the surface or ground wa-
ters of the United States;
‘‘(ii) prohibit, within 5 years after
such date of enactment, the use of unlined
containment structures or the use of any
other containment structure that poses a
significant risk of pollution to surface or
ground water due to the location or con-
struction of such structure;
‘‘(iii) eliminate, within 10 years of
such date of enactment, open-air lagoons
for the storage of animal waste;
‘‘(iv) eliminate discharges of pollut-
ants to surface and ground water;
‘‘(v) eliminate the atmospheric deposi-
tion of nutrients derived from concentrated
animal feeding operations to waters of the
United States;
‘‘(vi) significantly reduce the liquid
content of wastes; and
‘‘(vii) promote technologies and pro-
duction practices that minimize the need
for large-scale storage of animal waste.
‘‘(7) LIABILITY OF ANIMAL OWNERS.—
‘‘(A) IN GENERAL.—If the operator of a
concentrated animal feeding operation is liable
for a civil penalty imposed under section 309
with respect to a violation of this Act or a per-
mit issued under this Act for a discharge from
the operation, each owner of an animal confined
at the operation during the period of violation
shall be jointly liable, subject to subparagraph
(B), for such penalty.
‘‘(B) LIMITATION.—The joint liability of
the owner of an animal confined at a con-
centrated animal feeding operation under this
paragraph shall be equal to the amount deter-
mined by multiplying the amount of the civil
penalty imposed on the operator of the oper-
ation by the ratio that the number of animals
owned by the owner and confined at the oper-
ation during the period of the violation bears to
the total number of animals confined at the op-
eration during such period.
‘‘(C) REGULATIONS.—The Administrator
shall issue such regulations and take such ac-
tions as may be necessary to implement this
subsection, including such regulations and ac-
tions as may be necessary to ensure each owner
of an animal confined at the operation receives
the same notice and opportunity for a hearing
with respect to imposition of any liability under
this paragraph as the operator of the operation
receives with respect to imposition of such li-
ability under section 309.
‘‘(8) ANIMAL WASTE CONTROL.—
‘‘(A) MAXIMUM
LEVELS
FOR
NITROGEN
AND PHOSPHORUS.—The application of animal
waste to land by a person shall be considered
a discharge of pollutants for purposes of this
subsection 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 exceeds the reasonably anticipated
agronomic nutrient uptake of the vegetative
cover growing or to be grown on the land.
‘‘(B) MAXIMUM LEVELS FOR OTHER SUB-
STANCES.—
‘‘(i) ESTABLISHMENT.—The Adminis-
trator, in consultation with the Secretary
of Agriculture, shall establish maximum
permitted levels for other nutrients, min-
erals, metals, or other substances found in
animal waste whose presence in land above
the reasonably anticipated agronomic up-
take of the vegetative cover growing or to
be grown on the land would pose a signifi-
cant threat of pollution to surface or
ground water.
‘‘(ii) EXCESS LEVELS.—The applica-
tion of animal waste to land by any person
shall be considered a discharge of pollut-
ants for purposes of this subsection if fol-
lowing the application of the animal waste
the level of a substance referred to in
clause (i) would exceed the maximum per-
missible level established for the substance
by the Administrator.
‘‘(C) APPLICATION OF WASTE TO LAND.—
‘‘(i) AERIAL SPRAYING.—The Admin-
istrator shall establish minimum distances
from residences and environmentally sen-
sitive locations (including distances from
surface water, water supply wells, wetlands
not used for water treatment purposes,
floodplains, and the drainage areas of
drainage wells, drainage ditches, tile drain-
age lines, and subsurface drainage inlets)
within which animal waste shall not be ap-
plied by aerial spraying. Any application by
aerial spraying within the minimum dis-
tances established under this subparagraph
shall be considered a discharge of pollut-
ants for purposes of this subsection.
‘‘(ii) OTHER RESTRICTIONS.—The Ad-
ministrator may establish other restrictions
on aerial spraying (including a prohibition
on aerial spraying) that minimize the po-
tential of water pollution from animal
waste.
‘‘(iii) 
OTHER
APPLICATIONS.—The
application of animal waste to ice, snow,
frozen soil, or water saturated soil shall be
considered to be a discharge of pollutants
for purposes of this subsection.
‘‘(D) CONTAINMENT OF ALL WASTE.—Any
containment structure for animal waste shall
retain all animal waste produced by the oper-
ation between applications, including runoff
that runs through or into any area or structure
in which animal waste is present.
‘‘(E) CONTAINMENT
SYSTEM
FOR
WET
WASTE OPERATIONS.—The containment system
for a wet waste operation shall include—
‘‘(i) 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 unex-
pected leakage or other discharge; and
‘‘(ii) failsafe structures that will con-
tain, in the event that a containment struc-
ture breaches or overflows, a minimum
quantity of animal waste equal to the max-
imum quantity loaded into the containment
structure in any 48-hour period.
‘‘(F) DISCONTINUATION OF USE OF ANI-
MAL WASTE STORAGE STRUCTURES.—An opera-
tor 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.
‘‘(G) 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 of the operation, 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 condi-
tions as are necessary to ensure that the waste
is applied in accordance with this subsection.
‘‘(9) SAVINGS PROVISION.—Nothing in this sub-
section shall prevent the Administrator, or a State
in any case in which the State is administering a
State permit program under this section, from es-
tablishing more stringent requirements, including
the denial of permits under this section for new or
expanded concentrated animal feeding operations.’’.
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