New: New York CAFO Permit

New York State Department of Environmental Conservation released a new ECL SPDES General Permit for Concentrated Animal Feeding Operations (CAFOs) – Permit No. GP-0-22-001. This permit will replace the current ECL CAFO General Permit GP-0-16-001. While it was issued on July 22, 2022 the permit will become effective on January 23, 2023.

We gave a more detailed review of the proposed permit during the public comment period. However, in the coming weeks we will evaluate the final permit language and schedule webinar(s) to go over the specifics and allow for Q & A.

What’s New

• This permit term is 10 years. Previous CAFO permits were 5-year permits.
• The Clean Water Act General Permit (GP-0-19-001) will not be renewed and will expire on July 23, 2022. CAFO’s who discharge manure, litter or process wastewater to surface waters of the State, must seek coverage under an Individual SPDES permit for Industrial Discharges.
• Electronic submission will be required for all forms related to your CAFO permit
• New small CAFOs may voluntarily seek coverage under the permit
• Notification requirements
• Climate Change Resiliency
• Non-Contact Cooling Water authorizations
• Construction Stormwater General Permit
• Other changes and definitions for clarification, reporting and updated standards/guidance documents

Permit Transition – how to apply for continuing coverage under the ECL General Permit

To maintain uninterrupted ECL general permit coverage, a completed Request to Continue Coverage form and Comprehensive Nutrient Management Plan (CNMP) Certification, signed by both the owner and Agricultural Environmental Management (AEM) certified planner, must be received by the Department 30 calendar days prior to the effective date of GP-0-22-001. Within that 30-day time period, the Department will review the Request to Continue Coverage form and the CNMP Certification and contact the CAFO if there are any deficiencies that need to be corrected. GP-0-16-001 will remain effective for CAFOs who had coverage under that general permit until the effective date of GP-0-22-001. Coverage under GP-0-22-001 will begin 30 calendar days after the Department receives both the completed Request to Continue Coverage form and signed CNMP Certification, but not prior to the effective date of GP-0-22-001.

Learn More
See the full GP-0-22-001 permit language
See the accompanying CAFO Fact Sheet GP 0-22-001