
An alert from PRO-DAIRY and NYS Department of Environmental Conservation
Minimally, CAFOs should monitor the liquid level in their open waste storages to ensure that the level is below the depth marker indicating maximum operating level. Also inspect all storm water diversion devices, runoff diversion structures, and devices channeling contaminated storm water to the manure storage and containment structure and ensure they are free from debris and operating as designed.
For permitted CAFO farms, the overtopping of a storage is a permit violation and requires the storage be re-evaluated by a Professional Engineer before it can be put back into service. Discharges to surface waters; applications above the single manure application rate discussed in Part III.A.8.b of the ECL CAFO general permit (GP-0-22-001); and any storage overtopping must be reported to the Department within 24 hours verbally and in writing within five days.
Additionally, any emergency applications of nutrients must be made in accordance with the farm’s Emergency Action Plan and monitored for runoff. If nutrients must be applied, they should be injected or incorporated if possible to minimize off site movement.
If a CAFO finds itself in an emergency situation, the farm should discuss with their AEM certified planner other interim solutions that may be available to the farm to alleviate the emergency.

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