THE CLEAN-WATER-ACT AND ANIMAL AGRICULTURE

Historically, impacts of agricultural activities on water quality, inc luding animal production, generally were considered to be natural and uncontrollable. In the 1960s, this view began to change in response to public concern about highly visible incidents such as massive fish ki lls in the Midwest and shellfish bed closures on Long Island, NY, caus ed respectively by beef cattle feedlot runoff and the duck industry, U ltimately, these incidents led to the designation in the Federal Water Pollution Control Act Amendments of 1972 of feedlots as a point sourc e category of water pollutants subject to regulation under the Nationa l Pollutant Discharge Elimination System permit program, The regulator y program that evolved is complex and confusing and is not well unders tood by many livestock and poultry producers, The transition from a na rrow focus on pollutant discharges from confinement facilities to a br oader scope has contributed to the confusing nature of this program, i ncluded now are pollutant discharges traditionally viewed as nonpoint in character, An example of the broadening in scope of this program is a recent appellate decision holding that runoff from cropland used fo r disposal of manure from a facility designated as a point source also was a point source discharge of pollutants, Although this decision is consistent with the USEPA's claim of regulatory authority, it is not clear that it is consistent with the original intent of Congress, The decision, along with the general complexity and confusing nature of th is regulatory program, suggests that revision is needed.