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 production
facility if the animal production facility meets the criteria in (b) below or is
required to obtain a permit under (d) below.
(b) An animal production facility shall be
considered a concentrated aquatic animal production facility if it is a hatchery,
fish farm, or other facility that contains, grows, or holds aquatic animals in
either of the following categories:
1. Cold water
fish species, including but not limited to, the Salmonidae family of fish (for
example, trout and salmon), or other cold water aquatic animals in ponds, raceways,
or other similar structures which discharge at least 30 days per year, but does not
include:
i. Facilities which produce less than
9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per
year; and
ii. Facilities which feed less
than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month
of maximum feeding.
2. Warm
water fish species, including, but not limited to, the Ameiuride, Centrarchidae and
Cyprinidae families of fish (for example, respectively, catfish, sunfish, and
minnows), or other warm water aquatic animals in ponds, raceways, or other similar
structures which discharge at least 30 days per year, but does not include:
i. Closed ponds which discharge only during
periods of excess runoff; or
ii.
Facilities which produce less than 45,454 harvest weight kilograms (approximately
100,000 pounds) of aquatic animals per year.
(c) Any aquatic animal production facility which
does not meet the criteria in (b) above, shall submit the following information to
the Department to determine if a permit is required:
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) The Department shall require on a case-by-case
basis any aquatic animal production facility to obtain a permit upon determining
that:
1. It 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
location and quality of the receiving waters of the State;
ii. The holding, feeding, and production
capacities of the facility;
iii. The
quantity and nature of the pollutants reaching waters of the State; and
iv. Other relevant factors.
