[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR122.23]

[Page 160]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM--Table of Contents
 
  Subpart B--Permit Application and Special NPDES Program Requirements
 
Sec. 122.23  Concentrated animal feeding operations (applicable to State NPDES programs, see Sec. 123.25).

    (a) Permit requirement. Concentrated animal feeding operations are 
point sources subject to the NPDES permit program.
    (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 of this part, or 
which the Director designates under paragraph (c) of this section.
    (c) Case-by-case designation of concentrated animal feeding 
operations. (1) The Director 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 United States. 
In making this designation the Director shall consider the following 
factors:
    (i) The size of the animal feeding operation and the amount of 
wastes reaching waters of the United States;
    (ii) The location of the animal feeding operation relative to waters 
of the United States;
    (iii) The means of conveyance of animal wastes and process waste 
waters into waters of the United States;
    (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 United States; and
    (v) Other relevant factors.
    (2) No animal feeding operation with less than the numbers of 
animals set forth in appendix B of this part shall be designated as a 
concentrated animal feeding operation unless:
    (i) Pollutants are discharged into waters of the United States 
through a manmade ditch, flushing system, or other similar manmade 
device; or
    (ii) Pollutants are discharged directly into waters of the United 
States 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 
Director has conducted an on-site inspection of the operation and 
determined that the operation should and could be regulated under the 
permit program.