Farmers can see benefits to their agricultural land by land applying livestock waste at agronomic rates. However, there are conditions producers need to meet before land application begins.

The Nebraska Department of Environment and Energy’s NPDES and State Permits Section oversees land application regulations through Title 130 – Livestock Waste Control Regulations. NPDES stands for National Pollutant Discharge Elimination System and it is the permitting program that regulates discharges into water of the U.S.

A previous article from NDEE outlined conditions community and industrial facilities must meet before land applying treated wastewater, which is regulated through Title 119. This article will focus on requirements for livestock producers.

Producers proposing a new animal feeding operation (AFO), or producers planning to expand or construct additional livestock facilities, should contact NDEE’s Livestock Waste Control Program to set up an inspection. This inspection will help producers determine if they need a permit and, if so, what kind.

Producers may need a Construction and Operating Permit and/or an NPDES Permit. An NPDES permit is needed if the operation has the potential to discharge livestock waste into waters of the state. Both permit applications require a nutrient management plan.

A nutrient management plan details how the operation will manage its livestock waste, including how and where it intends to land apply that manure. Livestock producers can work with a consultant to create a nutrient management plan, but it’s not required. Chapter 14 of Title 130 outlines the information required in the plan, which includes topographic maps, area drainage, estimates of the amounts of manure and wastewater, sampling and lab information, and more.

Additionally, all large concentrated animal feeding operations (CAFOs) and NPDES permit holders are required to satisfactorily complete land application training every five years through the University of Nebraska. This training helps producers learn how to responsibly land apply the manure and maximize its benefits for crop production.

Every year, CAFOs must test the soil where they intend to land apply, as well as the operation’s manure. This testing, in conjunction with accounting for all other nutrient sources, is done to ensure the waste is applied at an agronomic rate. It is the producer’s responsibility to find acres to land apply and secure a land application agreement with the landowner of property if not owned by the permittee or an owner or authorized representative of the operation.

NPDES Permit Holders are required to submit an annual report that provides information on where livestock waste was applied, at what rate it was applied, and what crops were grown on that land, among other information. A full list of requirements for an annual report can be found Chapter 5 of Title 130. Producers who hold a Construction and Operating Permit, but not an NPDES permit, are not required to provide an annual report, but they do need to keep their land application records for a minimum of five years.

When livestock manure is land applied at agronomic rates, it can help farmers cut costs on fertilizers, benefit crops, and protect the soil.