Nebraska Department of
Environmental
Quality

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05-006
Revised:
01/2011
AFO Categories and Fees
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AFO and CAFO Categories – Under the Livestock Waste Management Act and the Title 130, “Livestock Waste Control Regulations,” animal feeding operations (AFO) are classified as small, medium or large, according the number of animals in any of the species confined (See Chapter 1, 002, 024, 031, 045). The table below lists the AFO sizes by species.

Species
Large AFO
(No. of head)
Medium AFO
(No. of head)
Small AFO
Cattle/Veal Calves
1,000
300-999
Small AFOs are those operations with less than the number of animals at a Medium AFO
Dairy Cows (mature)
700
200-699
Swine ≥55 lbs.
2,500
750-2,499
Swine < 55 lbs.
10,000
3,000-9,999
Sheep/Lambs
10,000
3,000-9,999
Chickens – Laying Hens, Broilers
With liquid manure system
30,000
9,000-29,999
Chickens – Laying Hens
No liquid manure system
82,000
25,000-81,999
Chickens – Other than layers
No liquid manure system
125,000
37,500-124,999
Turkeys
55,000
16,500-54,999
Horses
500
150-499

FEES – Livestock Waste Management Act provisions and Title 130 regulations allow the Department’s Livestock Waste Control Program to require animal feeding operations to pay any or all of four types of fees – inspection fees, late fees, application fees, and annual permit fees.

Inspection Fees – Anyone owning or operating an existing animal feeding operation (AFO) that had not been issued a permit or exempted by the Department must have requested an inspection prior to January 1, 2000. Title 130 regulations require the submission of a Request for Inspection form to the Department, and an inspection conducted before starting any construction or expansion at an AFO, unless previously exempted from inspection requirements. (Chapter 2, 008.06)

Late Fees – The Livestock Waste Management Act, requires a late fee to be assessed anyone owning or operating an AFO that has not submitted a “Form A-Request for Inspection of Animal Feeding Operation” by the date required in §54-2423(3) of the Act.

The late fee will be assessed for each violation. Each month that the required Request for Inspection Form is not received constitutes a separate violation. (Title 130, Chapter 3).
The table below lists the inspection fees and late fees by AFO category.

AFO Size
Inspection Fee
Late Fee
(Per Violation)
Large
$500
$500
Medium
$200
$ 50
Small
$100
$ 50


Application Fees – The owner or operator of any animal feeding operation required to obtain a Construction and Operating Permit or coverage under a National Pollutant Discharge Elimination System (NPDES) permit must submit an application and an application fee of $200 for each new or modified permit requested. Any major modification requires a new application and an application fee. (For definition of “major modification” see Title 130, Chapter 1, 029.)

Annual Permit Fees – The owner or operator of any Large Concentrated Animal Feeding Operation (CAFO), holding a valid Construction Approval, State Operating Permit, or Construction and Operating Permit -- or any operation with NPDES permit coverage – is required to pay an annual fee. The fee is based on the AFO's permitted animal capacity as of December 31 of each year. The fee is due on or before March 1 of each year. (For definition of a CAFO, see Title 130, Chapter 1, 008.) The current annual fee rates are listed in the table below. The Department reviews the fee rates annually to determine if adjustments should be made.

Species
Annual Fee
(Per Head, or as Specified)
Cattle/Veal Calves
$0.075
Dairy Cows
$0.113
Swine ≥ 55 lbs.
$3.00/hundred*
Swine < 55 lbs.
$0.75/hundred*
Sheep/Lambs
$0.75/hundred*
Chickens – with liquid manure facility
$2.25/thousand*
Chickens – no liquid manure facility
$0.75/thousand*
Turkeys
$1.50/thousand*
Horses
$0.15
* or fraction thereof

Questions? Contact: Nebraska Department of Environmental Quality, Agriculture Section, P.O. Box 98922, Lincoln, NE 68509-8922; Tel.: (402) 471-4239, or visit our web site at www.deq.state.ne.us.


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Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186