EGLE Issues General Consent Order For CAFOs With Anaerobic Digesters Owned By Separate Entities

Michigan's Department of Environment Great Lakes and Energy (the department) has issued a form General Administrative Consent Order for Concentrated Animal Feeding Operations (CAFOs) with anaerobic digesters where the digester and CAFO are not owned by the same entities (the "CAFO consent order"). All CAFOs with anaerobic digesters that cannot comply with the current general permit are obligated under MCL §324.3112 (4), to comply with the CAFO consent order.

A CAFO is a lot or facility where animals are kept and fed for more than 45 days in a 12-month period. CAFOs are subject to permitting under Part 31 (Water Resources Protection) of the Natural Resources and Environmental Protection Act. The department's Water Resources Division also regulates the use of anaerobic digesters for the partial treatment of farm production area waste. Anaerobic digesters are low- or no- oxygen chambers that facilitate the breakdown of manure by anaerobic bacteria with the release of