[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3232 Introduced in House (IH)]







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 Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to control water 
 pollution from concentrated animal feeding operations, 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 ``Farm Sustainability and Animal 
Feedlot Enforcement Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Discharges and runoff from concentrated animal feeding 
        operations are a major source of water pollution in many 
        watersheds.
            (2) An outbreak of cryptosporidium in Wisconsin, which 
        killed more than 100 people, and outbreaks of Pfiesteria 
        piscicida in the coastal waters of North Carolina and Maryland, 
        which killed millions of fish and sickened dozens of people, 
        have been linked to contaminants associated with animal feeding 
        operations.
            (3) Current controls on water pollution from concentrated 
        animal feeding operations are inadequate to control surface 
        discharges and do not adequately protect ground water.
            (4) Additional controls on all forms of water pollution 
        resulting from concentrated animal feeding operations are 
        needed to protect the public health, water quality, and 
        fisheries of the United States.
            (5) Alternatives to animal waste containment lagoons exist, 
        and the use of these alternatives would better protect the 
        public health and the waters of the United States from 
        pollution.

SEC. 3. PURPOSES.

    The purposes of this Act are to protect the public health, water 
quality, and fisheries of the United States by establishing appropriate 
controls on water pollution from concentrated animal feeding 
operations.

SEC. 4. PERMITS.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) is amended by adding at the end the following:
    ``(q) Concentrated Animal Feeding Operations.--
            ``(1) Concentrated animal feeding operation defined.--
                    ``(A) In general.--In this subsection, the term 
                `concentrated animal feeding operation' means any 
                livestock or poultry feeding operation (including a 
                dairy) that--
                            ``(i)(I) collects animal waste for 
                        disposal, storage, treatment, or application 
                        with a mechanical or flushing system or by 
                        other means;
                            ``(II) confines animals for 45 consecutive 
                        days or more during any 1-year period; and
                            ``(III) has a regulatory threshold 
                        capacity; or
                            ``(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, stockpiling, or 
                application of animal waste from such an operation.
                    ``(B) Regulatory threshold capacity.--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 fraction' means, 
                with respect to each class of animal, the fraction--
                            ``(i) the numerator of which is the 
                        capacity 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 capacities.--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 ownership.--All 
                operations that are within the same watershed shall be 
                treated as one operation for purposes of this paragraph 
                if the animals confined 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 animals confined at a 
                concentrated animal feeding operation, including 
                litter, bedding, a dead animal, a composted animal 
                carcass, or other residual organic matter from a 
                concentrated feeding 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 concentrated animal feeding operation.
            ``(4) Permits.--
                    ``(A) Existing permits.--Any concentrated 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 operations.--After 
                the last day of the 18-month period beginning on the 
                date of the enactment of this subsection, it shall be 
                unlawful to operate a concentrated animal feeding 
                operation except in compliance with an individual 
                permit issued under this section to the person 
                responsible for the day-to-day operations of the 
                operation.
                    ``(C) Monitoring and recordkeeping.--Permits issued 
                or renewed for a concentrated animal feeding operation 
                under this section shall, at a minimum, specify the 
                surface and ground water monitoring, recordkeeping, and 
                reporting requirements necessary to ensure that no 
                discharge of pollutants is occurring from the 
                operation.
                    ``(D) New requirements for permits.--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 performance 
                        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 enactment 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 permit is 
                not valid after such day unless the permit is amended 
                to incorporate a waste management 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 implementation of waste management plans for 
concentrated animal feeding operations. Such guidance shall establish 
the required elements of a waste management plan and establish 
technical standards for each element.
                    ``(B) Required elements.--The required elements of 
                a waste management plan for a concentrated animal 
                feeding operation shall include at least--
                            ``(i) the names, addresses, and telephone 
                        numbers of the operator of the operation 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 location of 
                        each building or other structure, the location 
                        of all portions of the containment 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 operation;
                            ``(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 requirements of this 
                        Act and a certification by each owner of 1 or 
                        more animals confined at the operation 
                        acknowledging the potential joint liability of 
                        the animal owner as provided under paragraph 
                        (7) if the operator 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 operation;
                            ``(vi) the crop or vegetative cover 
                        schedule for any agricultural lands owned or 
                        leased by the operator;
                            ``(vii) information necessary to determine 
                        the land area required for the application of 
                        animal waste from the operation as determined 
                        in accordance with the requirements of this 
                        Act, including paragraph (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 determine 
                        the land area available to the operator for 
                        application of animal waste, including 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 
                        description 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 animal 
                        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, 
                        procedures, and practices that the operator 
                        will use for--
                                    ``(I) operation, monitoring, 
                                maintenance, and inspection of animal 
                                waste storage operations; and
                                    ``(II) handling, transportation, 
                                application, and treatment of animal 
                                waste, including storage volume, 
                                schedules for emptying storage 
                                operations, and application schedules, 
                                rates, and locations;
                            ``(xv) a description of contingency 
                        measures that the operator will use to minimize 
                        environmental pollution resulting from any 
                        unexpected waste leak or discharge;
                            ``(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 
                paragraph.
                    ``(D) Plan approval.--Within 60 days of the receipt 
                of a proposed waste management plan, the Administrator 
                shall approve or disapprove that plan. The 
                Administrator shall approve a proposed plan if (i) it 
                contains the elements required under subparagraph (B), 
                (ii) it is consistent with guidance published by the 
                Administrator under subparagraph (A), (iii) it conforms 
                to technical standards published pursuant to this 
                paragraph, and (iv) the Administrator has conducted an 
                onsite inspection of the operation and determined that 
                the plan is appropriate for the operation. The 
                Administrator shall notify the applicant, in writing, 
                of the approval 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 improvements 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 subsection, the 
                Administrator shall revise regulations 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 necessary to 
                achieve no discharge of pollutants.
                    ``(B) Minimum requirements.--Effluent limitations 
                for existing and new concentrated animal feeding 
                operations, standards of performance for new 
                concentrated animal feeding operations, and 
                pretreatment standards for new and existing 
                concentrated animal feeding operations 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 constructed to 
                        minimize the risk of discharges of pollutants 
                        to the surface or ground waters 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 construction 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 pollutants 
                        to surface and ground water;
                            ``(v) eliminate the atmospheric deposition 
                        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 production 
                        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 permit 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 concentrated animal feeding 
                operation under this paragraph shall be equal to the 
                amount determined by multiplying the amount of the 
                civil penalty imposed on the operator of the operation 
                by the ratio that the number of animals owned by the 
                owner and confined at the operation during the period 
                of the violation bears to the total number of animals 
                confined at the operation during such period.
                    ``(C) Regulations.--The Administrator shall issue 
                such regulations and take such actions as may be 
                necessary to implement this subsection, including such 
                regulations and actions 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 liability 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 substances.--
                            ``(i) Establishment.--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 reasonably anticipated 
                        agronomic uptake of the vegetative cover 
                        growing or to be grown on the land would pose a 
                        significant threat of pollution to surface or 
                        ground water.
                            ``(ii) Excess levels.--The application of 
                        animal waste to land by any person shall be 
                        considered a discharge of pollutants for 
                        purposes of this subsection if following the 
                        application of the animal waste the level of a 
                        substance referred to in clause (i) would 
                        exceed the maximum permissible level 
                        established for the substance by the 
                        Administrator.
                    ``(C) Application of waste to land.--
                            ``(i) Aerial spraying.--The Administrator 
                        shall establish minimum distances from 
                        residences and environmentally sensitive 
                        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 drainage lines, and subsurface 
                        drainage inlets) within which animal waste 
                        shall not be applied by aerial spraying. Any 
                        application by aerial spraying within the 
                        minimum distances established under this 
                        subparagraph shall be considered a discharge of 
                        pollutants for purposes of this subsection.
                            ``(ii) Other restrictions.--The 
                        Administrator may establish other restrictions 
                        on aerial spraying (including a prohibition on 
                        aerial spraying) that minimize the potential 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 operation 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 unexpected leakage or 
                        other discharge; and
                            ``(ii) 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.
                    ``(F) Discontinuation of use of animal waste 
                storage structures.--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.
                    ``(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 conditions as are necessary to 
                ensure that the waste is applied in accordance with 
                this subsection.
            ``(9) Savings provision.--Nothing in this subsection shall 
        prevent the Administrator, or a State in any case in which the 
        State is administering a State permit program under this 
        section, from establishing more stringent requirements, 
        including the denial of permits under this section for new or 
        expanded concentrated animal feeding operations.''.
                                 <all>