Manure Transfers

Amy Schmidt Author

03/05/2021 Added

42 Plays

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From "Minding Your Manure Manners" portion of Land Application Training 2021

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[00:00:00.210]We're gonna move on and talk about manure transfers now.
[00:00:04.370]So (clears throat) anytime, excuse me,
[00:00:07.050]anytime manure is moved between farms,
[00:00:11.030]which happens quite often, there's that potential
[00:00:14.640]that the responsibility for its management may move with it.
[00:00:18.490]So it really depends on whether that manure
[00:00:22.250]is leaving the control of the CAFO operator,
[00:00:26.180]or if the CAFO operator is maintaining control
[00:00:28.690]over that manure.
[00:00:29.920]And so we're gonna just talk about some different scenarios,
[00:00:33.000]and try to get a better understanding
[00:00:35.130]of what is a manure transfer from a regulatory standpoint.
[00:00:41.450]So when we get to defining a manure transfer,
[00:00:46.460]the key question that we need to ask
[00:00:49.410]is who maintains control of the manure?
[00:00:52.690]So we'll look through some examples,
[00:00:54.930]and then we'll run through some questions
[00:00:57.040]or polling questions for you to answer.
[00:00:59.300]And in those, we have basically three players.
[00:01:01.690]We have the CAFO operator,
[00:01:03.440]so this is the owner, operator, manager, whatever,
[00:01:07.320]of the permitted CAFO that is producing the manure.
[00:01:12.490]We have a custom hauler who may or may not
[00:01:14.730]be involved in the process,
[00:01:16.400]and then a crop farmer who we are saying
[00:01:18.600]is not associated with the CAFO,
[00:01:21.377]so it's crop land that is not owned by the operator
[00:01:25.230]of the animal feeding operation.
[00:01:28.700]So considering these three different players or individuals,
[00:01:35.670]we've got four different scenarios here.
[00:01:38.040]So in the first one, the CAFO operator
[00:01:44.409]is the owner of the land where manure will be applied.
[00:01:47.030]So it's land that that operator owns.
[00:01:50.170]May or may not be geographically included
[00:01:54.890]in that CAFO location, but it is owned by the CAFO operator.
[00:02:03.570]In this case, that individual has the land
[00:02:09.060]included in their nutrient management plan for the CAFO.
[00:02:12.940]So it doesn't really matter who's applying the manure,
[00:02:15.430]it's not a transfer.
[00:02:16.910]And that's probably the simplest situation,
[00:02:19.070]where it's not a transfer.
[00:02:20.410]You own the manure,
[00:02:21.380]you own the land where it's going, not the transfer.
[00:02:25.370]In the next situation, we have a crop farmer
[00:02:28.820]who is receiving the manure on their land.
[00:02:31.780]And that crop farmer actually is included
[00:02:34.520]in the CAFO's nutrient management plan,
[00:02:36.200]so there's some sort of existing spread agreement in place
[00:02:40.730]where the farmer says, you can access these fields,
[00:02:45.920]their regular access to them
[00:02:47.870]every year for a manure application,
[00:02:50.040]so the CAFO operator already has those
[00:02:51.720]in the nutrient management plan.
[00:02:54.556]So that's, again, not a transfer.
[00:02:57.593]In the third scenario, we have a crop farmer
[00:03:00.220]who is receiving the manure on their land.
[00:03:03.430]They are not part of the CAFO's nutrient management plan,
[00:03:06.280]but maybe just this year,
[00:03:09.190]or for some reason they're getting some manure
[00:03:14.090]from the farmer this year, whereas they haven't in the past.
[00:03:17.480]And in this scenario, we're assuming that the CAFO operator
[00:03:21.300]is either applying that manure,
[00:03:23.530]or hiring a custom hauler to apply the manure.
[00:03:27.400]So again, it's not a transfer.
[00:03:28.820]That manure is leaving the CAFO,
[00:03:31.470]it's leaving their property,
[00:03:33.640]but the CAFO operator still has control
[00:03:36.200]on how that manure's land applied.
[00:03:37.620]They're either applying it,
[00:03:39.040]or they're having a custom hauler pick it up,
[00:03:42.440]take it, and apply it based on the analysis
[00:03:48.070]that the CAFO operator has provided,
[00:03:50.990]and the application rate
[00:03:52.210]that they've agreed upon with the farmer.
[00:03:57.550]So the last situation then,
[00:03:59.150]you still have a crop farmer who is separate from the CAFO,
[00:04:04.690]that crop farm is, or that land is not included
[00:04:08.090]in the nutrient management plan for the CAFO,
[00:04:11.160]and the person applying manure is either the crop farmer
[00:04:15.030]or a custom hauler that is hired by the crop farmer.
[00:04:18.460]So in this case, the manure may be hauled
[00:04:24.510]by the CAFO operator or the custom hauler,
[00:04:27.750]and stockpiled on the side of the field for the farmer,
[00:04:31.100]and then when the farmer's ready to put that on the field,
[00:04:34.530]either the farmer land applies it,
[00:04:36.660]or the farmer hires someone else to land apply it.
[00:04:40.140]In either case,
[00:04:41.740]it's no longer in the control of the CAFO operator.
[00:04:44.160]They have taken the manure from the CAFO,
[00:04:46.610]they have moved it to a site
[00:04:48.080]that is not owned by the CAFO
[00:04:49.790]or included in the nutrient management plan of the CAFO,
[00:04:52.870]and they're not making the decisions
[00:04:54.550]about how it is land applied.
[00:04:56.350]So that is the only case here
[00:05:00.150]that is truly a transfer of manure.
[00:05:03.840]So what is required when manure is transferred?
[00:05:08.300]If it's a true transfer,
[00:05:10.230]then the CAFO operator will need to keep in their records,
[00:05:14.690]and they'll need to share this information
[00:05:18.010]in their annual report to the NDEE,
[00:05:20.800]the amount of manure that was transferred,
[00:05:23.700]the date or dates that it was transferred,
[00:05:26.960]the name and addresses of any recipients of manure,
[00:05:30.600]and then they also have to provide an analysis
[00:05:34.950]of that manure to the person who is receiving it.
[00:05:38.910]So the CAFO operator needs to have
[00:05:41.140]an analysis on the manure.
[00:05:43.270]If it's taken to a farmer who is then going to apply it,
[00:05:46.880]that farmer needs to receive the actual manure analysis
[00:05:50.070]so they know they can calculate their application rate
[00:05:53.950]based on that.
[00:05:54.970]Doesn't necessarily mean they will calculate
[00:05:57.370]their application rate based on that,
[00:05:58.830]but you've done your due diligence
[00:06:00.700]in giving them an analysis to go by.
[00:06:04.200]If it's a custom hauler who's coming
[00:06:05.890]and picking it up from you and taking it to a farm,
[00:06:09.430]then the custom hauler is the person
[00:06:11.500]you would give that analysis to,
[00:06:13.720]and then it's their responsibility to pass it along
[00:06:17.310]or to discuss it with the farmer,
[00:06:18.910]if they're going to do the application.
[00:06:21.294]So only in the case of a legitimate transfer
[00:06:26.140]are these records required in the transfer
[00:06:30.590]of that manure analysis to the recipient.
[00:06:34.130]So we're gonna go through just probably two or three
[00:06:36.670]of these scenarios, and kinda test your knowledge.
[00:06:41.270]So this first situation,
[00:06:44.360]we have a crop farmer who obtains feedlot manure
[00:06:47.030]from a nearby CAFO,
[00:06:48.570]and that manure is hauled by the CAFO operator
[00:06:51.120]and stockpiled on the edge of the farmer's field,
[00:06:53.940]and then the farmer applies it to one of his fields himself.
[00:06:58.220]So is this a transfer?
[00:07:09.130]And I would remind you to keep in mind
[00:07:10.530]who has control about land application of the manure.
[00:07:14.020]Not necessarily the movement from the CAFO to the farm,
[00:07:16.550]but who is controlling how it is land applied.
[00:07:37.480]So this is a transfer,
[00:07:40.010]going to a crop farm that's not part of the CAFO.
[00:07:43.477]The CAFO operator takes it, gives it to them,
[00:07:45.830]hands them the analysis,
[00:07:47.560]records the information for their own records,
[00:07:49.830]and then the farmer is on their own to use it.
[00:07:52.070]So the farmers is in control of it,
[00:07:54.590]and it is a legitimate transfer.
[00:07:57.470]Okay.
[00:07:58.530]In this case, we have a CAFO operator who loads manure,
[00:08:02.940]hauls it, and spreads it on the field of a farmer
[00:08:06.630]who is not currently part of
[00:08:08.130]the CAFO's nutrient management plan.
[00:08:09.760]So think about who has control,
[00:08:12.100]and is this a transfer or not?
[00:08:38.997]Okay, so let's start with who has control of this manure?
[00:08:43.690]The CAFO operator is loading it,
[00:08:45.240]hauling it, and spreading it.
[00:08:47.060]So in this case,
[00:08:48.260]the CAFO operator has control of the manure.
[00:08:50.780]The farmer may be the one who says,
[00:08:53.830]I want it applied this way,
[00:08:57.300]but the CAFO operator is responsible for applying it
[00:09:00.190]in the way that is in line with best management practices.
[00:09:04.890]So really, the CAFO operator has control.
[00:09:07.900]So it's not a transfer.
[00:09:10.170]In this case, really what the CAFO operator would need to do
[00:09:13.560]is amend to their nutrient management plan
[00:09:15.760]at least for that year,
[00:09:16.920]or have permission from NDEE to apply manure to a field
[00:09:20.760]that's not in their nutrient management plan.
[00:09:22.980]And we've seen that happen
[00:09:24.000]when we have an extremely wet year,
[00:09:26.470]or other conditions where there's more manure to pump
[00:09:30.398]than we can get done, or we can't take it to a field
[00:09:37.580]because that field's not accessible,
[00:09:39.910]so we need to find other land.
[00:09:41.180]So that's allowable, but it would need to be included
[00:09:45.230]in the record-keeping and in the permit
[00:09:47.190]so that it's recorded and reported to NDEE.
[00:09:55.492]Okay, a CAFO operator pays a custom hauler
[00:09:58.930]to load and haul feedlot manure
[00:10:00.890]from that CAFO to a farmer's field,
[00:10:03.310]and it is stockpiled on the side of the farmer's field
[00:10:06.810]for them to spread whenever they're ready.
[00:10:09.400]So who has control of it, and then is it a transfer?
[00:10:31.780]So we'll talk about this from few different perspectives.
[00:10:36.350]First of all, it is a transfer
[00:10:38.770]because once the manure is to the farmer's field,
[00:10:43.820]that farmer's making the decision on how it is spread.
[00:10:47.510]But I see where some confusion could come in,
[00:10:51.990]because the CAFO operator has hired a custom hauler
[00:10:56.070]to load and haul that manure.
[00:10:57.390]So from point A to B where that manure's being hauled,
[00:11:00.850]it's under the control of essentially
[00:11:04.380]the CAFO operator and the hauler,
[00:11:05.960]so they're liable for how it's handled in that transport.
[00:11:09.760]And the CAFO operator should probably try to influence
[00:11:16.740]where the farmer places that manure stockpile.
[00:11:19.690]If they say, we want it right here in the CAFO,
[00:11:22.500]or the custom hauler says,
[00:11:25.470]you really are too close to a water body,
[00:11:27.890]or you've got a good chance there's gonna be runoff,
[00:11:30.670]whatever, it's kinda, the CAFO operator and the hauler,
[00:11:35.940]it's in their best interest to at least advise the farmer
[00:11:38.570]maybe on where it's best to stockpile that manure.
[00:11:41.720]Ultimately it's the farmer's decision,
[00:11:45.210]and they're the person that's liable
[00:11:47.796]for how that stockpile is managed until it's land applied,
[00:11:52.140]but as far as who has control of the manure
[00:11:55.330]when it's land applied, it is the crop farmer.
[00:11:57.600]They're just getting it stockpiled there,
[00:11:59.560]and they're gonna make the decision on how to apply it.
[00:12:02.000]So the CAFO operator's going to record how much,
[00:12:06.430]when, and to whom manure was transferred,
[00:12:10.090]and they're going to give a manure analysis to that farmer,
[00:12:14.080]and then the expectation is the farmer
[00:12:15.770]will make the decision on how that manure is land applied.
[00:12:19.240]Kind of the summary of manure transfers
[00:12:21.182]is first of all, defining whether or not
[00:12:25.210]a transfer is taking place or not
[00:12:27.230]really lies in who has control of the manure
[00:12:30.770]during the land application of it.
[00:12:32.530]And I should have put that here on the slide,
[00:12:33.980]but who maintains control
[00:12:35.520]of the new manure during land application.
[00:12:38.920]If it's the CAFO operator,
[00:12:40.930]or someone hired by the CAFO operator,
[00:12:43.940]then the CAFO operator is the person
[00:12:45.450]responsible for the proper management,
[00:12:48.690]following best management practices,
[00:12:50.710]following a nutrient management plan,
[00:12:52.580]and making sure that manure is applied appropriately.
[00:12:54.920]So that's not a transfer, even if it leaves their CAFO
[00:12:58.000]to a farm that is down the road
[00:12:59.900]and not actually included in their nutrient management plan.
[00:13:03.620]As long as the CAFO operator
[00:13:04.950]still has a hand in that application process,
[00:13:08.500]they're still the person
[00:13:09.770]who's liable for handling it properly.
[00:13:16.130]If it in fact leaves the possession of the CAFO operator,
[00:13:19.690]either with a custom hauler
[00:13:21.470]who the farmer has hired to land apply,
[00:13:24.830]or by the CAFO operator transporting the manure
[00:13:27.690]and stockpiling it for the farmer,
[00:13:30.880]once that transaction of manure is done,
[00:13:32.920]and the farmer's the person in charge of how it's applied
[00:13:36.090]then it's officially a transfer of manure.
[00:13:38.430]And so in that case, as a CAFO operator,
[00:13:41.190]you're gonna record how much manure,
[00:13:44.440]when it was transferred, who it went to,
[00:13:46.750]and then you're gonna give a nutrient analysis
[00:13:50.140]of that manure to the farmer who's receiving it.
[00:13:53.970]We had some discussion, I guess, last week
[00:13:57.100]about who's really liable for where manure's stockpiled,
[00:14:02.500]how it's applied once it's transferred to the farmer,
[00:14:05.440]and if it's transferred in a true, legitimate transfer,
[00:14:10.690]you really don't have much say
[00:14:13.100]in how it's land applied, right?
[00:14:14.890]It is in your best interest, obviously,
[00:14:17.820]to maybe talk to that farmer
[00:14:19.930]about applying based on agronomic needs of the crop,
[00:14:24.400]but you're not liable for what that farmer does
[00:14:28.037]after that transfer takes place.
[00:14:31.040]If you are involved in stockpiling it,
[00:14:33.100]or someone you hire is involved
[00:14:34.540]in putting that stockpile on a farmer's field,
[00:14:39.110]there's always the chance that if there's a runoff event,
[00:14:42.490]a discharge of contaminants from that stockpile,
[00:14:45.480]that the blame or the liability could come back to,
[00:14:50.590]it's going come back to the farmer who has it, for one,
[00:14:53.910]but there may be some shared liability
[00:14:56.170]with the person who stockpiled it there.
[00:14:58.240]Maybe there's an expectation
[00:15:00.130]that they shouldn't have placed it somewhere
[00:15:02.550]they knew there was a potential for a discharge.
[00:15:05.680]So that's why I say, if you are transferring manure
[00:15:10.540]to a farmer who's going to apply it on the field
[00:15:14.679]after the transaction has taken place,
[00:15:17.690]it never hurts to kinda cover your bases
[00:15:19.750]by maybe recommending the best place to put that stockpile,
[00:15:27.600]if where they are wanting to put
[00:15:29.200]is maybe not the best option.
[00:15:32.410]When in doubt, I would recommend you contact NDEE
[00:15:35.567]before you complete a transfer.
[00:15:37.140]Just make sure that it's a legitimate transfer
[00:15:40.070]from their perspective.
[00:15:42.460]I know a lot of producers are hesitant
[00:15:44.470]to reach out to NDEE with a question,
[00:15:49.890]for whatever reason, because they're a regulatory agency,
[00:15:52.100]but that group is there to help you,
[00:15:55.840]and they would much rather give you some advice up front
[00:15:58.940]that avoids a potential issue down the road,
[00:16:02.320]so don't hesitate to reach out to them
[00:16:06.038]if you're in a situation where you're not really sure
[00:16:08.580]if it's a transfer or not.

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Manure Transfers

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