This measure would amend the Berkeley Municipal Code to prohibit any person or entity from establishing a Concentrated Animal Feeding Operation (CAFO) or expanding an existing CAFO within the City of Berkeley. The measure would also require that existing CAFOs cease operations in the City within a year of the measure’s passage.
A CAFO is defined in the measure as an agricultural operation where animals have been, are, or will be stabled or confined and fed or maintained for 45 days or more in any 12-month period and that meets other regulatory conditions, which are based on federal Environmental Protection Agency (EPA) regulations. Those regulatory conditions include pollution impacts, as well as size thresholds that vary depending on the type of animal confined in a CAFO. The size thresholds include for example 200 or more dairy cattle, 300 or more veal calves, 750 or more swine, 150 or more horses, 9,000 or more laying hens, and 1,500 or more ducks. Facilities with fewer animals may also be designated as CAFOs on a case-by-case basis where a regulatory authority has designated the facility as a significant contributor of pollutants.
The measure would grant the City Council enforcement powers, including the power to inspect premises suspected of violating the measure’s provisions. The measure would also grant private parties the right to sue and seek injunctive relief and penalties to enforce the measure, and a prevailing plaintiff in court would be entitled to an award of reasonable attorney’s fees and costs. Those who violate the measure would be civilly liable for a penalty of $10,000 per violation per day.
Source: City of Berkeley Ballot Measure Documents