Farming and ranching can sometimes be considered a source of solid waste depending on the type and volume of waste that is produced. There are a number of different waste products that are common on farms, including unused pesticide products, gaseous liquid materials, and animal waste including manure. Whether the disposal or storage of these and other waste products is specifically regulated by any environmental laws on the federal or state level will vary depending on the potential toxicity of the waste produced as well as the quantity of waste.
The Regulation of Farm Waste
A variety of different laws can potentially apply to the regulation of farm waste, including the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). These laws are designed primarily to prevent land, water and air pollution and regulate the use, storage and disposal of materials that could release toxins or chemicals into air, land or water. In addition to the federal laws, state laws may also address the storage or disposal of farm waste. However, while there is a comprehensive range of laws in place, most of these laws apply to commercial operations or large agriculture operations and do not directly impose any obligations on small farmers.
One area of particular importance to most farmers is the management of manure, urea and other animal excrement. Manure and animal waste contain phosphates that can contaminate ground water, and can also release ammonia into the air as the manure goes through the decomposing process. Because of these characteristics of manure, CERCLA reporting requirements could potentially be triggered when reportable quantities of toxins were released from these wastes.
However, an EPA exemption became effective on January 20, 2009, exempting smaller farms and agricultural operations from reporting requirements while keeping requirements in place for larger operations. While the EPA decision was controversial and environmentalists are litigating the decision, the current rule exempts farms if they have less than a certain number of animals. For instance, farms may be exempted from CERCLA reporting requirements if they have less than 700 mature dairy cows, 1,0000 veal calves or other cattle, 5,500 swine weighing in excess of 55 points, 10,000 swine weighing below 55 pounds, 500 horses, or 125,000 chickens (among other animal limits). A full description of exempt farms can be fund in the EPA Final Rule entitled "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms."
Because of this and other exemptions for small farms and ranches, small farmers may have few or no obligations under federal law for disposal of solid waste. However, to ensure compliance with all federal and state laws, it is important to check with a qualified attorney before disposing of waste products.