Regulation 81 is a Colorado water quality regulation for Animal Feeding Operations (AFO) and their larger counterpart Concentrated Animal Feeding Operations (CAFO) that don’t choose to obtain a discharge permit.  Regulation 81 has required that all wastewater ponds meet a seepage requirement for quite some time however the regulation was re-written in 2007 and became effective in June 2008.  The new regulation requires all non-permitted facilities to maintain a Facility Management Plan (FMP) which documents their facilities groundwater and stormwater protection systems. 

Groundwater protection elements took place immediately upon regulation adoption as seepage requirements were already mandatory.   Nutrient management requirements became effective February 2009, requiring agronomic application and in many cases setbacks and buffers to water sources.  Surface water protection elements were delayed as it was not previously mandatory as the requirement to obtain a permit was dropped.  The regulation gave a delayed deadline to have surface water protection elements in place and documented by May 30, 2011. 

The surface water protection elements essentially mirror the regulation 61 permit requirements and require that your facility can adequately convey and catch the runoff from a 25 year – 24 hour, or chronic storm.  The means that all the diversions on your facility that divert stormwater to ponds or divert clean water from running onto your facility must be sized and documented.  Stormwater ponds must be of a certain size, and need to have a gauge to ensure that they are pumped down low enough to catch the design storm.  Many ponds will also require a spillway to ensure that the embankment is not washed out if the ponds overflow.  This documentation needs to reflect the current conditions and should contain certifications stamped by a professional engineer.

Details of the requirements can be found on page 9 of the regulation in section 81.6(1)

Regulation_81 (http://www NULL.cdphe NULL.state NULL.pdf)

Regulation_81_CAFO_fact_sheet (http://www NULL.cdphe NULL.state NULL.pdf)

Regulation 81 also has important requirements for medium AFO’s.  The regulation does not require medium AFO’s to have stormwater ponds, however requires that you do have one it must meet the seepage requirements.  Ponds may also be required to store process generated wastewater from  cleaning activities and must be sized to provide adequate winter storage.

Regulation_81_AFO_fact_sheet (http://www NULL.cdphe NULL.state NULL.pdf)

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