Notice from the Oregon Department of Agriculture

The Oregon Department of Agriculture (ODA) invites the public to provide comments on proposed rule changes regarding Senate Bill (SB) 85 and making significant modifications to existing rules, including the definition of a Confined Animal Feeding Operation (CAFO). Oregon Gov. Tina Kotek signed SB 85 into law in August 2023. The bill created new provisions for Oregon’s CAFOs, amending ORS 468B.050, 468B.215, and 537.545. The rules subject to change in SB8 5 are enforced by ODA.

Proposed rule highlights include:

• Water Supply Plan: As required by SB 85, this establishes an additional ODA permit application/renewal requirement documenting all legal sources of water so the Oregon Water Resource Department (OWRD) can review whether water sources are authorized and sufficient for the operation.
• Permit Designations: Incorporates an existing ODA table with changes to clarify animal numbers for CAFO size designations. The table also addresses CAFO designations for multi-species animal operations.
• Definitions
• As per SB 85, creates definitions for New CAFO and New Large CAFO.
• Redefines a CAFO to clarify who qualifies for a permit. This includes establishing a 100gal/day liquid wastewater generation minimum compared to the old definition, which stated having wastewater treatment works constituted a CAFO.
• “Compliance” was also updated to clarify that those not meeting the CAFO definition are still subject to regulation.

• Permit Application Procedures: Clarifies what is required for a complete CAFO application and new requirements like pre-application consultation, WSP, and neighbor notice. Additionally new large CAFO applicants located in a Ground Water Management Area (GWMA) and land applying manure must apply for an individual permit.
• Construction Requirements:
• Details pre-population inspections of facilities after they are constructed as required by SB 85.
• Put an agency construction policy into rule to clearly state the construction approval process and clarify what engineering requires.

ODA will consider all comments received by the deadline (July 22, 2024) before adopting final rules.

How to provide public comment: CORRECTED HEARING LINK and PHONE

Mail: ODA CAFO Program, 635 Capitol Street NE, Salem, Oregon 97301

Email: rulemaking@oda.oregon.gov​​, Subject line: SB 85 Rules

Last day to provide public comment: July 22, 2024, 5:00 pm

Hearing Date: July 15, 2024, 1:00pm virtual

MEETING URL: Click here to join the meeting

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