Use of Copper Sulfate May Be a Permit Violation!

Recently one of our members received an Administrative Order from EPA stating that discharging copper sulfate to the lagoon is in violation of the general CAFO NPDES permit.  The Administrative Order states:

 " . . . inspection revealed that spent copper sulfate (used as a foot bath for cows entering or leaving the milking parlor) was apparently being discharged in the lagoon, which is a violation of the EPA Region 6 NPDES CAFO general permit.  Discharges to containment structures must be composed entirely of wastewater from the proper operation and maintenance of the animal feeding operation."

 We know that many of you use copper sulfate as a footbath agent.  Please be aware that future EPA inspections will be asking whether copper sulfate is used and whether the copper sulfate is being discharged to your lagoon system.  If so, penalties (fines) may be issued for discharging copper sulfate to your lagoons.  At this time we are seeking clarification on this issue from EPA Region 6, and we will keep you posted on any changes you might need to make at your operations. 

 NMED suggested absorbing any excess footbath agent with lime and shipping the resulting substance to a hazardous waste facility  We would not recommend that option, but you might want to start looking in to non-copper sulfate based footbath agents.  We have heard that the copper sulfate industry is going to challenge EPA's position in court, so we may not need to make any changes.  Keep checking the website for updates on this issue.