It’s not a pretty topic, but it’s part of the job — animal waste/manure (AKA litter or nutrients) has to be managed properly to protect Alabama’s natural resources. Owners of Animal Feeding Operations (AFO) and Concentrated Animal Feeding Operations (CAFO), such as a stockyard or chicken house, are required to adhere to certain rules and regulations enforced by the Alabama Department of Environmental Management (ADEM). Farmers are required to submit a Comprehensive Nutrient Management Plan (CNMP aka Waste Management Plan) that describes in great detail how their facility operates and manages animal waste.
Collecting the information and navigating through the regulations can be tedious. In at least 44 counties where AFO/CAFO operations exist, the Soil and Water Conservation District's (SWCDs) District Administrative Coordinators (DACs) work directly with farmers to ensure the necessary information is collected and reported to ADEM. This webpage has been specifically designed to help AFO/CAFO Producers navigate the regulations, locate information relatively easily, and layout a common-sense approach to address different circumstances. We hope this page eliminates some of the confusion on what is required and what is not so requests/renewals can be processed timely.
Are you an AFO or CAFO Operation?
AFO (Animal Feeding Operations)
- Defined as any lot or facility where any number of animals (need not be the same type) have been, are, or will be stabled, confined, gathered, or concentrated and fed or maintained for a total of 45 days (does not need be consecutive) or more in any 12-month period (does not have to be calendar year), and the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues.
- Two or more AFOs under common ownership are considered a single AFO and may require CAFO registration if they adjoin or are in close proximity to each other.
- Producer can choose to register separately or together if they are operated as a single operation, if they use a common area or system for the disposal of wastes, if they significantly share resources, storage or treatment systems, equipment, etc., or if they otherwise link operations.
- Animal units must be below CAFO standards for number of animal units
- AFOs do not have to register*, however, they still must meet the same standards for nonpolluting waste management as CAFOs, including having a Waste Management Plan (CNMP) to implement Best Management Practices (BMPs) protective of water quality, maintain records adequate to document the operation meets or exceeds NRCS standards, and ensure their operation does not require CAFO registration.
* AFOs are required to register if the facility had a pollutant discharge after April 1, 1999 or the facility is found to not be meeting NRCS technical standards and guidelines.
All ADEM registrants are required to create an account profile in ADEM's Web Portal, including providing a valid email address for correspondences, to register and/or renew registrations. ADEM will no longer accept registrations or renewals without an account.
You must verify your account via email at the end of the set up process to complete activation of your account
CAFO (Concentrated Animal Feeding Operations)
- Any AFO over the threshold of animal units or having a pollutant discharge after April 1, 1999
- Defined according to the number and type of animals
- More than 500 horses; 700 mature dairy cattle (milked or dry); 1,000 confined slaughter or feeder cattle; 2,500 swine (approx. weight at least 55 pounds); 5,000 ducks; 10,000 sheep or lambs; 55,000 turkeys; 125,000 laying hens, broilers or other poultry; or 1,000 animal units
- The most common CAFOs in Jackson County are poultry operations
Who must register their operation with ADEM?
- All CAFO operations
- An AFO with a point source (end-of-pipe) or nonpoint source (field runoff) discharge of pollutants occurring after April 1, 1999
- Any AFO not meeting NRCS technical standards and guidelines
IMPORTANT TIPS:
WASTE MANAGEMENT PLAN (Often referred to as WMSP or CNMP)
- 100% litter exported offsite - Update plan every 5 years
- Land Application - Update plan every 3 years
REGISTRATION SIGNATURE PAGE
- SNOR & NNOR signature pages must be uploaded to ADEM's SharePoint site. Your local SWCD office will complete this for you once paperwork is received. There is no charge for this service.
RECORD KEEPING
- Waste management, waste transfers, land application, soil samples, and facility operations records are to be kept by the producer for a minimum of 3 years.
CONTINUING EDUCATION
- Continuing Education (CE) requirements are currently not mandatory; AFO/CAFO owners are encouraged to participate in CE activities to remain up-to-date on all applicable changes.
New Construction and/or Facility Modifications
HOW DO I APPLY FOR CONSTRUCTION OR FACILITY MODIFICATION PERMIT?
1. Download ADEM Form 429
2. Contact a Qualified Credentialed Professional (QCP) to design the facility and prepare the Best Management Practices (BMP) plan.
It is highly recommended to have your QCP complete Form 429 application due to the level of detailed information that must be provided as part of the permitting process to avoid the permit being delayed.
3. Contact your local NRCS office to request a Waste Management Plan (WMSP / CNMP) for the planned facility operations.
- NRCS will need the facility design and BMP plan from your QCP to design your Waste Management Plan
- You will need to provide the information contained on the 'Waste Management Plan Request' or the plan cannot be completed
4. Set up an account on ADEM's Web Portal if you do not have one.
5. Email or bring the completed Form 429, Waste Management Plan, BMP, aerial maps, site plan, etc. to your local SWCD office.
Your local SWCD office will upload the information to ADEM's SharePoint site. There is no charge for this service.
You will be notified via email on the status of your permit application.
5. Email or bring the completed Form 429, Waste Management Plan, BMP, aerial maps, site plan, etc. to your local SWCD office.
Your local SWCD office will upload the information to ADEM's SharePoint site. There is no charge for this service.
6. You will be notified via email on the status of your permit application.
Registration Renewals
How do I renew?
** You are required to have an inspection completed by a QCP before you will be allowed to renew your SNOR/NNOR registration **
Is your renewal SNOR or NNOR? Or do you qualify to register as a SNOR?
How Do I Renew my SNOR/NOR registration?
- Prior to expiration of your registration, contact the QCP of your choice and schedule the required inspection.
- Your QCP Inspector will provide you with the inspection results on ADEM 'Certification R-5 Form'.
- Email or bring the R-5 Form to your local SWCD office and it will be upload to ADEM's SharePoint site for you. There is no charge for this service.
- You will be notified via email at in your ADEM Web Portal account of the renewal being accepted.
- You must acknowledge the renewal through ADEMs Web Portal as part of the renewal process.
LITTER MANAGMENT FORMS
I Just Bought A Chicken Farm...
Now What?
The sale of a facility does NOT automatically transfer SNOR/NNOR registrations!
TRANSFER AGREEMENT
- Did you execute a 'Transfer Agreement' as part of your purchase from the previous facility owner?
- Yes: Submit an executed 'Transfer Agreement' between the you and the previous owner to your local SWCD office. SWCD will upload the agreement to ADEM's SharePoint site. There is no charge for this service.
- No: You must execute a 'Transfer Agreement' with the former owner and submit the completed form to your local SWCD office as soon as possible.
ADEM ACCOUNT REQUIRED
- Have you set up an account in ADEM's Web Portal?
- Yes: The ownership change will be processed by ADEM and you will receive notification via email
- No: Please complete the account profile setup process as soon as possible. Your change in registration can not be processed without an account profile and your email verified.
- Once the 'Transfer Agreement' is uploaded and you acknowledge receipt through the Web Portal, you have successfully completed the owner transfer of the facility.
ADEM REGULATIONS REGARDING AFO/CAFO OPERATIONS
- Familiarize yourself with ADEM requirements for AFO/CAFO operations and be prepared when your operation's SNOR/NOR is scheduled for renewal.
I Just Sold My Chicken Farm...
Am I still liable?
The sale of a facility does NOT automatically transfer SNOR/NNOR registrations!
TRANSFER AGREEMENT
- Did you execute a 'Transfer Agreement' as part of your sale of your facility?
- Yes: Ensure the executed 'Transfer Agreement' was submitted to your local SWCD office to remove your liability. Until a 'Transfer Agreement' is accepted by ADEM, the registration remains in your name as the responsible party.
- No: You must execute a 'Transfer Agreement' with the new owner and submit the completed form to your local SWCD office as soon as possible to remove your continued liability as the registered party. Until a 'Transfer Agreement' is accepted by ADEM, the registration remains in your name as the responsible party.
I'm Thinking of Buying A Chicken Farm...
What Do I Need To Do?
FINANCING THE PURCHASE?
- Your financial institution will require an updated Waste Management Plan in your name.
- Gather all required information on the 'Waste Management Plan Request' form below
- You or your realtor will need to work with the current owner to gather information necessary to complete the Waste Management Plan (WMSP/CNMP). Neither NRCS nor SWCD gathers this information for you.
REQUEST A WASTE MANAGEMENT PLAN (WMSP/CNMP)
(only complete this step after all information is gathered for the 'Waste Management Plan Request' in the link above)
- Once all information is obtained for Waste Management Plan, submit the 'Waste Management Plan Request' form via email or deliver to your local SWCD office.
Note: NRCS will provide an updated WMSP/CNMP upon request, however the process to complete the plan may take up to a month or more depending on NRCS workload at the time of the request. Failure to provide all necessary information will only delay the completion of the plan.
CLOSING SCHEDULED FOR THE PURCHASE?
You must execute a 'Transfer Agreement' as part of the sale of any SNOR/NOR registered facility and provide a fully executed form to your local SWCD office to upload to ADEM's SharePoint site. There is no charge for this service.
Permit changes cannot be completed without an account profile set up and your email verified.
ADEM REGULATIONS
- Familiarize yourself with ADEM regulations regarding AFO/CAFO operations.
Your local SWCD office is only responsible for uploading information you provide to ADEM's SharePoint site. They do not complete the forms. You are responsible for providing accurate and complete information regarding your AFO/CAFO Operation.
Your local SWCD office does not collect fees for permits, registrations or registration renewals
ADEM QUICK LINKS
ADEM Area Contacts: http://www.adem.alabama.gov/programs/water/waterforms/AFOCAFOAreaMap.pdf
ADEM e-File Link: http://app.adem.alabama.gov/eFile
AFO/CAFO Website: http://www.adem.alabama.gov/programs/water/cafo.cnt
AFO/CAFO Program Qualified Credentialed Professional (QCP List): http://216.226.179.158/afois-reports/QCP.aspx
AFO/CAFO Program Certified Animal Waste Vendors (CAWV List): http://216.226.179.158/AFOIS-Reports/CAWV.aspx
AFO/CAFO Required Buffer/Setback Distances: http://www.adem.alabama.gov/programs/water/waterforms/ADEM-NRCSAFOBufferSum.pdf
AFO/CAFO Program Rules - ADEM Admin. Code R. 335-6-7: http://adem.alabama.gov/alEnviroRegLaws/files/Division6Vol1.pdf