Current through Register Vol. 56, No. 18, September 16, 2024
(a) Except for indirect
discharges, a permit shall be obtained for any discharge from an animal feeding
operation if the animal feeding operation meets the criteria for a concentrated
animal feeding operation under (b) or (d) below.
(b) An animal feeding operation shall be
considered concentrated if either (b)1 or 2 are met:
1. More than the numbers of animals specified in
any of the following categories are confined:
i.
1,000 slaughter and feeder cattle;
ii.
700 mature dairy cattle (whether milked or dry cows);
iii. 2,500 swine each weighing over 25 kilograms
(approximately 55 pounds);
iv. 500
horses;
v. 10,000 sheep or
lambs;
vi. 55,000 turkeys;
vii. 100,000 laying hens or broilers (if the
facility has continuous overflow watering);
viii. 30,000 laying hens or broilers (if the
facility has a liquid manure handling system);
ix. 5,000 ducks; or
x. 1,000 animal units; or
2. More than the number and types of animal set
forth in (b)2i through x below are confined, and pollutants are discharged into
waters of the State, or directly into waters of the State which originate outside of
and pass over, across, or through the facility or otherwise come in contact with the
animals confined in the operation.
i. 300
slaughter or feeder cattle;
ii. 200
mature dairy cattle (either milked or dry cows);
iii. 750 swine each weighing over 25 kilograms
(approximately 55 pounds);
iv. 150
horses;
v. 3,000 sheep or
lambs;
vi. 16,500 turkeys;
vii. 30,000 laying hens or broilers (if the
facility has continuous overflow watering);
viii. 9,000 laying hens or broilers (if the
facility has a liquid manure handling system);
ix. 1,500 ducks; or
x. 300 animal units.
3. An animal feeding operation shall not be
considered a concentrated animal feeding operation as defined above if such animal
feeding operation discharges only in the event of a 25 year, 24-hour storm
event.
(c) Any animal feeding
operation shall, upon the Department's written request, submit the following
information:
1. The number and type of animals
confined;
2. A description of the means
of discharge; and
3. The name and
address of the owner or operator.
(d) On a case-by-case basis and after conducting
an on-site inspection, the Department shall designate, as a concentrated animal
feeding operation, any animal feeding operation which does not meet the criteria in
(b) above if (d)1 and 2 below are met:
1. The
Department determines that the operation is a significant contributor of pollution
to the waters of the State. In making this determination 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 waste waters 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 wastewaters into waters of the State; and
v. Other relevant factors; and
2. The Department determines that:
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.