How should pollution from livestock and poultry farming below a certain scale be managed?

1、 What is small-scale livestock and poultry farming?
The concept of livestock and poultry farming below a certain scale includes both small-scale breeders and free range breeders. Livestock and poultry breeders below a certain scale refer to those whose breeding quantity does not meet the standards of large-scale livestock and poultry farms, and they are engaged in business operations. The standards for livestock and poultry breeders are divided according to the "Hunan Province Livestock and Poultry Scale Breeding Pollution Prevention and Control Regulations": 50 ≤ annual output of live pigs<500, 5 ≤ annual output of dairy cows<50, 10 ≤ annual output of beef cattle<100, 150 ≤ annual output of sheep<1500, 1500 ≤ annual output of rabbits<15000, 2000 ≤ annual output of broiler chickens<30000, 500 ≤ annual output of laying hens<15000, 2000 ≤ annual output of meat ducks<30000, 500 ≤ annual output of egg ducks<15000, 2000 ≤ annual output of meat geese<15000, 500 ≤ inventory of egg geese<7500; The standards for livestock and poultry breeders of other types of livestock and poultry shall be determined by each city and state based on actual conditions. Free range households refer to those whose breeding quantity is below the standard of livestock and poultry farmers.
2、 Sorting out the management responsibilities of departments involved in livestock and poultry breeding below a certain scale
The "Regulations on Pollution Prevention and Control of Livestock and Poultry Large scale Breeding in Hunan Province" apply to the pollution prevention and control of livestock and poultry farms and farmers within the administrative area of this province. That is to say, except for free range households, the departmental management responsibilities of small-scale livestock and poultry breeders are: the ecological environment department should strengthen monitoring and supervision of livestock and poultry breeding environmental pollution, and promptly investigate and punish illegal activities. The agricultural and rural departments should strengthen the organization and implementation of standardized production of livestock and poultry, guide livestock and poultry farms (households) to carry out scientific breeding, and scientifically utilize breeding waste. Other relevant departments shall supervise the prevention and control of livestock and poultry breeding pollution within their respective jurisdictions in accordance with the "Hunan Province Ecological Environment Protection Work Responsibility Regulations". ”
3、 How to enforce the law reasonably?
（1） Not included in environmental impact assessment management. According to the "Catalogue of Classification Management for Construction Projects", large-scale livestock and poultry breeding is included in environmental impact assessment management, which is divided into two categories: reports and registration forms. For large-scale livestock and poultry breeding with an annual output of less than 5000 pigs (equivalent to the scale of pig breeding for other livestock and poultry species), an environmental impact registration form is filled out for filing. Large scale livestock and poultry farming with an annual output of 5000 or more pigs and involving environmentally sensitive areas must prepare an environmental impact assessment report and undergo approval. Farmers below a certain scale are not included in the environmental impact assessment management of construction projects.
（2） There is no requirement to apply for a pollutant discharge permit or obtain a total quota. If there are pollutant discharge outlets, pollutant discharge registration is required. According to the requirements of the 11th Order of the Ministry of Ecology and Environment on the Classification Management List of Pollutant Discharge Permits for Fixed Pollution Sources, the classification management of pollutant discharge permits shall be implemented for livestock and poultry breeding: large-scale livestock and poultry breeding farms and breeding communities with sewage discharge outlets shall be subject to key management of pollutant discharge permits; Large scale livestock and poultry farms and breeding communities without sewage discharge outlets, and small-scale livestock and poultry farms and breeding communities with sewage discharge outlets, shall implement pollution discharge permit registration management. In daily management, the ecological environment department needs to verify with the agricultural and rural departments that if all farmers truly implement the resource utilization of manure, there will be no pollutant emissions, and therefore there is no need to register for pollutant discharge.

（3） Application of emission standards
1. Discharge of water pollutants. The "Preface" of the "Emission Standards for Pollutants from Livestock and Poultry Breeding Industry" clearly states that "this standard is applicable to intensive and large-scale livestock and poultry breeding farms and breeding areas, and does not apply to livestock and poultry free range households." In its main text "1.2 Scope of Application," it is written that "this standard is applicable to the emission management of pollutants from intensive livestock and poultry breeding farms and breeding areas nationwide, as well as the environmental impact assessment, environmental protection facility design, completion acceptance, and post production emission management of these construction projects." Therefore, this emission standard is not applicable. At the same time, it should be clarified that the manure treatment methods of small-scale farmers should not be considered as water pollutants if they implement harmless treatment and resource utilization of manure. On November 29, 2019, the General Office of the Ministry of Ecology and Environment and the General Office of the Ministry of Agriculture and Rural Affairs jointly issued the "Notice on Further Improving the Environmental Impact Assessment Management of Current Pig Farming" (Environmental Impact Assessment Letter [2019] No. 872), which clearly stated that for pig farming projects below a certain scale and pig farming projects above a certain scale that do not have sewage discharge outlets, it is not required to apply for a pollutant discharge permit or obtain a total quota. If the manure is treated harmlessly and used as fertilizer for returning to the field, it meets the requirements of laws and regulations, national and local standards and regulations, and does not cause environmental pollution, it does not belong to the discharge of pollutants, and it is not suitable to implement relevant pollutant discharge standards and farmland irrigation water quality standards. Agricultural and rural departments at all levels should strengthen guidance and supervision, implement measures for the resource utilization of manure, promote nutrient balance management of manure, improve the standard system for manure fertilization, enhance technical guidance for manure returning to the field, and promote scientific and rational application.
2. Emissions of atmospheric pollutants. Article 80 of the Air Pollution Prevention and Control Law stipulates that if enterprises, institutions, and other producers and operators generate odorous gases in their production and operation activities, they shall scientifically select sites, set reasonable protective distances, install purification devices or take other measures to prevent the emission of odorous gases. Those who violate Article 80 of the Air Pollution Prevention and Control Law and fail to take measures to prevent the emission of odorous gases in accordance with Article 117 (8) of the Air Pollution Prevention and Control Law shall be ordered to make corrections by the ecological environment and other competent departments of the people's governments at or above the county level in accordance with their responsibilities, and shall be fined not less than 10000 yuan but not more than 100000 yuan; Those who refuse to make corrections shall be ordered to suspend work or business for rectification. The original Ministry of Environmental Protection's "Reply on the Application of Article 80 of the Air Pollution Prevention and Control Law of the People's Republic of China" (Environmental Office Political and Legal Letter [2016] No. 1591) has responded to the legal issues regarding the application of foul odors caused by small-scale aquaculture. The content is as follows: Article 49, Paragraph 3 of the Environmental Protection Law stipulates that units and individuals engaged in livestock and poultry breeding and slaughtering shall take measures to scientifically dispose of waste such as livestock and poultry manure, corpses, and sewage to prevent environmental pollution. Article 80 of the revised "Air Pollution Prevention and Control Law" in 2015 stipulates that if enterprises, institutions, and other producers and operators generate odorous gases in their production and operation activities, they shall scientifically select sites, set reasonable protective distances, and install purification devices or take other measures to prevent the emission of odorous gases. Individuals engaged in livestock and poultry breeding shall fulfill their obligations to prevent and control environmental pollution in accordance with the law. The behavior of rural villagers using homestead land for small-scale livestock and poultry breeding mentioned in the "Request" shall be subject to the provisions of Article 80 of the revised "Air Pollution Prevention and Control Law" in 2015.
3. The issue of discharging pollutants in a way that evades regulation.
(1) The general provisions of the Water Pollution Prevention and Control Law cannot be applied to the pollution caused by large-scale livestock and poultry breeding, but special provisions such as the Regulations on the Prevention and Control of Pollution Caused by Large scale Livestock and Poultry Breeding should be applied. According to Article 15 and Article 16 of the Regulations on the Prevention and Control of Pollution from Large scale Livestock and Poultry Breeding, it can be seen that the combination of planting and breeding, and the return of manure to the field on the premise of adapting to the land's absorption capacity, is an encouraged model for the utilization of livestock and poultry breeding waste by the state. Some law enforcement personnel, when handling cases of livestock and poultry "water related" pollution, will follow the guiding principle of "the effectiveness of the law is higher than administrative regulations" and directly choose to apply the "Water Pollution Prevention and Control Law", ignoring the special provisions for pollution prevention and control in the livestock and poultry breeding industry. Article 56 of the Water Pollution Prevention and Control Law stipulates: "The state supports the construction of comprehensive utilization or harmless treatment facilities for livestock and poultry manure and wastewater in livestock and poultry farms and breeding communities. Livestock and poultry farms and breeding communities shall ensure the normal operation of their comprehensive utilization or harmless treatment facilities for livestock and poultry manure and wastewater, ensure that sewage is discharged in compliance with standards, and prevent pollution of the water environment." This provision specifically regulates the discharge of wastewater from livestock and poultry farms, but the legal responsibility of the Water Pollution Prevention and Control Law does not specify direct and corresponding penalties. In the absence of clear provisions, penalties may be imposed based on other relevant provisions. Therefore, the application of special laws regarding environmental pollution caused by large-scale livestock and poultry breeding conforms to the principles of legal application.
(2) According to legal reasoning, the general provisions of the Water Pollution Prevention and Control Law cannot be applied to livestock and poultry farming below a certain scale. From practical analysis, the environmental impact that small-scale livestock and poultry farms and breeding communities may cause is smaller than that of large-scale livestock and poultry farms and breeding communities. In terms of legal responsibility, they cannot bear heavier legal responsibilities than large-scale livestock and poultry farms and breeding communities. Article 2 of the "Regulations on Pollution Prevention and Control of Livestock and Poultry Scale Breeding" stipulates that "this regulation applies to the pollution prevention and control of livestock and poultry farms and breeding communities." This indicates that the scope of application of the law is large-scale livestock and poultry farms and breeding communities. Therefore, in the case where the Regulation does not apply to livestock and poultry breeders below a certain scale, the Water Pollution Prevention and Control Law also does not need to apply to livestock and poultry breeders below a certain scale.