Dear Wyoming Livestock Producer,

In an effort to address potential impacts livestock operations may have on water quality, this informational brochure has been developed to provide producers with the necessary information to protect water quality and to keep their operation's economic viability. This has been a cooperative effort of the Wyoming Department of Agriculture, Wyoming Association of Conservation Districts, and a Steering Committee of livestock producers, industry organization representatives, and resource management agency personnel.

Historically, Wyoming pioneers homesteaded on or near streams and lakes. This made sense when looking at the efficiency of raising livestock. However, as populations increase and technology advances we now realize that although this may be the most logical location for our operations, we need to be aware of the impact we may be having on our natural resources and specifically water quality.

Our hope is this brochure and the enclosed self-evaluation will provide you with the information needed to understand the laws and liabilities, determine your operation's potential impact to water quality, and then to provide you with examples of management changes that would address water quality concerns. As we all know, the best way to stay ahead of regulations and limit liability is to proactively manage for the optimal health and productivity of our natural resources.

We hope this brochure is a valuable tool and is successful in assisting producers assess and address their own operations before any water quality problems occur and any financial hardships are encountered.

We welcome your input and suggestions on how we can further assist Wyoming's livestock industry remain a viable part of Wyoming's economy and culture while continuing to serve as the stewards of Wyoming's natural resources.

Sincerely,

Ron Micheli, Director
Wyoming Department of Agriculture

Olin Sims, President
Wyoming Association of Conservation Districts
 

Table of Contents

What are Best Management Practices

Contributors

Laws and Liability
Wyoming's livestock producers are a vital and integral part of the state's economy, culture, heritage and contribute considerably to Wyoming's wide open spaces. Keeping Wyoming's agriculture producers in business is a goal we all share. With increased attention and concern for water quality, comes increased awareness of agricultural operations and their potential affect on water quality. Traditionally, many pioneers homesteaded on or near sources of water. This made sense. However, with increased development and population have come increased demands on the water resources and the need to maintain a healthy water resource.

Wyoming state law requires the permitting of large confined animal feeding operations. There is no requirement to permit operations smaller than those that fall under state regulations. However, smaller operations could be regulated and liable for water quality problems. A complaint filed by any citizen would initiate a site investigation by the Department of Environmental Quality (DEQ)). If, through water quality testing, a water quality problem is discovered, regulatory action could be taken.

As a producer, you must understand both the potential water quality problems your operations may cause and those steps you can take to protect yourself and water quality.

Even though your operation may not be large enough to be permitted through the state DEQ, any feeding operation regardless of size, is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit, if the DEQ conducts an on-site inspection and determines that the run-off from the facility is, or has the potential to be a "significant contributor of pollution" to surface waters of the state.

Understanding the laws and potential liabilities producers face, will assist in determining whether there is a risk of water quality related problems and how to avoid future enforcement actions.

Just because smaller operations are not required to be permitted does not mean there is not a risk of water quality pollution problems or future regulatory enforcement actions. In fact, there are federal actions underway to step up scrutiny of smaller animal feeding operations and bringing such operations under regulatory permitting.

Facts
What is considered a surface water of the state in relation to water quality?
According to DEQ, Chapter 1 Water Quality Rules and Regulations, which are the rules governing the states surface water quality, surface waters are defined as follows: "All permanent and intermittent defined drainages and lakes, reservoirs, and wetlands which are not man made retention ponds used for the treatment of municipal, agricultural or industrial waste; and all other bodies of surface water, either public or private which are wholly or partially within the boundaries of the State." Although, groundwater is not included in the Chapter 1, Rules and Regulations, if a producer's operation may have a potential impact to groundwater, DEQ will also review and conduct a groundwater assessment.

What is considered a "small confined animal feeding operation"?
A facility that does not meet the following concentrated feeding operation criteria:

• more than 1000 head of feeder or slaughter cattle
• 700 mature dairy cattle (milked or dry)
• 2500 swine weighing over 55 pounds
• 10,000 sheep or lambs, or;
• animal feeding operations designated as significant contributors of pollution.

If an operation does not meet the above criteria, it is considered an "animal feeding operation". An animal feeding operation is defined as follows: "A lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of at least 45 days in any 12 month period, and the animal confinement area does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season."

Potential Pollutants
Most water quality problems caused by animal feeding operations are directly related to poor waste management. Problems associated with animal waste discharges include:

• Organic material such as manure, decreases dissolved oxygen concentrations which may adversely affect fish and other aquatic organisms;
• Settling of solids in streambeds may destroy spawning areas and fish food organisms;
• Bacterial and viral concentrations increase the potential spread of disease. Organisms such as Leptospirosis, Salmonella, and others may be spread by animal waste discharges;
• Nitrogen compounds kill aquatic organisms by ammonia toxicity;
• Infiltration of nitrates into ground water occurs from improperly sealed storage ponds or corrals where soils are highly permeable or where fractured bedrock is close to the surface. High nitrates in surface and ground water pose a health hazard for humans and animals;
• Improper use of pesticide compounds in confined feeding operations increases the potential impact of these chemicals to surface and ground water. Pesticides in surface or ground water pose a hazard for humans and the environment;
• Discharges to irrigation canals may clog canals, laterals, and intake pipes and will increase moss and aquatic plant growth. This could decrease flow efficiency, raise canal maintenance costs, and increase the potential to impact water quality if chemicals are used to control plant growth;
• Animal wastes applied to the land in amounts that exceed crop nutrient requirements and soil capacity or that are applied at the wrong time may impact surface or ground water quality;
• Nuisance conditions such as odor, rodents, and fly problems may occur:
• High animal concentrations can contribute to sediment loading in streams and lakes due to bank erosion and surface runoff.

Facts
What is the DEQ's responsibility when a complaint is filed on a small confined feeding operation?
Once a complaint is filed, a Water Quality Division representative contacts the producer by telephone and conducts an on-site inspection to determine if a water quality problem exists. If the complaint is valid, the producer receives notice from WQD to remedy the situation. The producer can usually develop some type of animal waste management system that will bring the operation into compliance with state regulations. The producer is given adequate time to develop a solution to the problem. Not responding to the notice may lead the DEQ to take legal action against the producer. The producer can appeal the notice by contacting the DEQ Director or the Environmental Quality Council. The Environmental Quality Council is an independent seven member, Governor appointed council, which serves as the hearing examiner for the DEQ.

How much animal waste run-off constitutes a pollutant?
This is dependent upon the surface water's current classification. Waters in Wyoming are classified based upon their natural capability to support certain beneficial uses. Currently, Wyoming utilizes numeric categories to classify waters. These categories are defined in more detail in Chapter 1, Rules and Regulations, however the beneficial uses defined in Chapter 1 include: aesthetic, scenic, recreational, ecological, agricultural, botanical, zoological, municipal, industrial, historical, geological, cultural, archaeological, and wildlife, the presence of significant quantities of developable water and other values present and future benefit to the people. For more detail it is recommended to obtain a copy of Chapter 1 State Water Quality standards.

What are Best Management Practices?
Best Management Practices (BMPs) are a practice or combination of practices that, after problem assessment and examination of alternative practices, are determined to be the most technically and economically feasible means of preventing or reducing nonpoint source pollution. Because of the number of influencing factors, there is no one Best Management Practice that can be recommended to all confined feeding operation managers. A BMP should be specific to the individual operation and based on existing physical, operational, and economic conditions, opportunities and constraints, and whether you are expanding, remodeling, or rebuilding. BMPs could include the following:
 

Surface and Ground Water Protection · Critical Area planting · Fencing · Filter Strip · Heavy Use Areas · Livestock Grazing Management · Mulching Animal Waste Management · Nutrient Management · Waste Management Systems · Waste Storage Structure · Waste Utilization Runoff Control · Dike · Diversion · Flood Water Diversion · Grassed Waterway · Hillside Ditch · Land Smoothing · Lined Waterway or Outlet · Open Channel · Roof Runoff Management · Runoff Management System · Sediment Control Basin · Structure for Water Control · Surface Drainage (main or lateral) · Surface Drainage (field ditch) · Terrace · Waterspreading · Water and Sediment Control Basin Water Source/Supplemental Development · Trough or Tank · Wells

Dry waste storage structure     Liquid waste storage structure

The above list is not intended to be a complete list of BMP's, there may be other options for Best Management Practices. Please see below for references to obtain additional technical and financial assistance...

Wyoming's Demonstration Projects
This demonstration project consists of approximately 2500 sheep.  As shown in the "before" photo, the corrals were originally located next to the banks of a creek.  The producer has relocated the corrals to a location approximately 1 mile from the original site, installed alternate watering souces, constructed lambing sheds, sun sheds, and installed feeders.  A tour of the project was held in July 1999.  Approximately 30 landowners were in attendance.  The tour also included a workshop with discussions on the information contained in this brochure.  The original site already has natural regrowth of vegetation and the landowner plans to complete additional reclamation efforts in the future.

Original site prior to implementation of BMPs	Original site after implementation of BMPs. Reclamation of old site to be completed

Fall 1999Animal feeding operation tour a success
The Wyoming Association of Conservation Districts and the Wyoming Department of Agriculture held a tour of the Anderson Ranch animal feeding operation demonstration site near Tensleep.  Over 30 people were in attendance at the tour, which was held July 19.   The Anderson Ranch recently completed a project that included relocating corrals and lambing facilities from a location near Tensleep Creek to a location over one mile away.  In addition, water lines were established from existing wells, electrical service was established and new grain bins were constructed.

The workshop included discussions on laws & liabilities affecting small confined animal feeding operations, producer self-evaluations, best management practices and available technical and financial resources to address potential concerns.  In addition, participants toured the old site and new facilities at Anderson Ranch. The demonstration site is part of a grant program being implemented by the WACD and WDA to address potential water quality concerns as a result of animal feeding operations.  Seven other demonstration projects throughout Wyoming are in the process of being completed.  These demonstration projects will serve as examples of how potential concerns can be addressed through local, voluntary efforts. 

Aaron Anderson explains changes made to the Anderson Ranch
operation at the tour held in Tensleep.

Seven additional demonstration sites by Fall 2000
In addition to the demonstration project highlighted above, there are seven additional projects throughout Wyoming.  These projects are located in the following counties:

• Platte
• Lincoln
• Fremont
• Johnson
• Crook
• Carbon

WACD will include information on these projects as it becomes available.  Tours will also be held at these demonstration sites.

Technical and Financial Resources

Additional sources of information

To access Wyoming DEQ Chapter 1, state water quality standards, rules and regulations:
http://soswy.state.wy.us/rules/rules.htm

• Idaho Waste Management Guidelines for Confined Feeding Operations
  http://www.oneplan.state.id.us/TOC/toc02.htm
   
• Confined Feeding: Farms Or Factories?
  http://www.envirolink.org/orgs/hecweb/monitorspring97/confined.htm
   
• EPA Animal Feeding Operation Strategy
  http://www.epa.gov/owm/afo.html
   
• National Dairy Database:
  http://www.inform.umd.edu/EdRes/Topic/AgrEnv/ndd/waste.html
   
• Wyoming Water Resources Data System:
  http://www.wrds.uwyo.edu
   

Contributors