Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES
Section 096-521-6 - Concentrated animal feeding operations [see 40 CFR 122.23]
Universal Citation: 06 ME Code Rules ยง 096-521-6
Current through 2024-38, September 18, 2024
(a) Permit requirement. Concentrated animal feeding operations are point sources subject to the NPDES permit program. The Department will consult with the Department of Agriculture on all applications for concentrated animal feeding operations in order consolidate permitting requirements where feasible.
(b) Definitions.
(1) Animal feeding operation
means a lot or facility (other than an aquatic animal production facility)
where the following conditions are met:
(i)
Animals (other than aquatic animals) have been, are, or will be stabled or
confined and fed or maintained for a total of 45 days or more in any 12-month
period, and
(ii) Crops, vegetation
forage growth, or post-harvest residues are not sustained in the normal growing
season over any portion of the lot or facility.
(2) Two or more animal feeding operations
under common ownership are considered, for the purposes of these regulations,
to be a single animal feeding operation if they adjoin each other or if they
use a common area or system for the disposal of wastes.
(3) Concentrated animal feeding operation
means an ``animal feeding operation'' which meets the criteria in appendix B,
or which the Department designates under paragraph (c) of this
section.
(c) Case-by-case designation of concentrated animal feeding operations.
(1) The Department may designate any animal
feeding operation as a concentrated animal feeding operation upon determining
that it is a significant contributor of pollution to the waters of the State.
In making this designation the Department shall consider the following factors:
(i) The size of the animal feeding operation
and the amount of wastes reaching waters of the State;
(ii) The location of the animal feeding
operation relative to waters of the State;
(iii) The means of conveyance of animal
wastes and process wastewaters into waters of the State;
(iv) The slope, vegetation, rainfall, and
other factors affecting the likelihood or frequency of discharge of animal
wastes and process waste waters into waters of the State; and
(v) Other relevant factors.
(2) No animal feeding operation
with less than the numbers of animals set forth in appendix B shall be
designated as a concentrated animal feeding operation unless:
(i) Pollutants are discharged into waters of
the State through a manmade ditch, flushing system, or other similar manmade
device; or
(ii) Pollutants are
discharged directly into waters of the State which originate outside of the
facility and pass over, across, or through the facility or otherwise come into
direct contact with the animals confined in the operation.
(3) A permit application shall not be
required from a concentrated animal feeding operation designated under this
paragraph until the Department has conducted an on-site inspection of the
operation and determined that the operation should and could be regulated under
the permit program.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
