New York Ag Waste regulations & environmental compliance analysis

New York Ag Waste: What you need to know

Governing Law and Regulations

Water pollution, New York Environmental Conservation Law (ECL) 17-0101 to 17-1909

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State Pollutant Discharge Elimination System (SPDES) permit program: 6 New York Codes, Rules, and Regulations (NYCRR) 750-1 and 6 NYCRR 750-2

Concentrated animal feeding operation (CAFO) general permit: 6 NYCRR Subpart 750-1.21

Definitions: 6 NYCRR Subpart 750-1.2

Agricultural environmental management (AEM) planner certification: Agriculture and Markets Law (AML) 69-11A-151a

Regulatory Agencies

New York Department of Environmental Conservation (DEC) Division of Water

New York Department of Agriculture and Markets (DA&M) Soil and Water Conservation Committee

U.S. Department of Agriculture Natural Resource Conservation Service (NRCS)

U.S. Environmental Protection Agency (EPA) Region 2

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York is authorized by EPA to administer its own National Pollutant Discharge Elimination System (NPDES) permit program governing wastewater discharges, including those for CAFOs. However, applicants should follow the state permit application and modification regulations. New York refers to its NPDES rules as SPDES. See the state section NPDES PERMIT for additional permit guidance.

New York issues two types of general permits for CAFOs: the ECL CAFO SPDES General Permit and the Clean Water Act (CWA) SPDES General Permit. The state also issues CAFO individual permits. All farms that meet a specific animal limit must have a CAFO permit by March 10, 2010.

New York has adopted the federal CAFO permit rules and added several more stringent rules. The state's more ...

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