[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.24]



[Page 172-173]

 

                   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.  122.24  Concentrated aquatic animal production facilities 

(applicable to State NPDES programs, see Sec.  123.25).



    (a) Permit requirement. Concentrated aquatic animal production 

facilities, as defined in this section, are point sources subject to the 

NPDES permit program.

    (b) Definition. Concentrated aquatic animal production facility 

means a hatchery, fish farm, or other facility



[[Page 173]]



which meets the criteria in appendix C of this part, or which the 

Director designates under paragraph (c) of this section.

    (c) Case-by-case designation of concentrated aquatic animal 

production facilities. (1) The Director may designate any warm or cold 

water aquatic animal production facility as a concentrated aquatic 

animal production facility upon determining that it is a significant 

contributor of pollution to waters of the United States. In making this 

designation the Director shall consider the following factors:

    (i) The location and quality of the receiving waters of the United 

States;

    (ii) The holding, feeding, and production capacities of the 

facility;

    (iii) The quantity and nature of the pollutants reaching waters of 

the United States; and

    (iv) Other relevant factors.

    (2) A permit application shall not be required from a concentrated 

aquatic animal production facility designated under this paragraph until 

the Director has conducted on-site inspection of the facility and has 

determined that the facility should and could be regulated under the 

permit program.



[48 FR 14153, Apr. 1, 1983, as amended at 65 FR 30907, May 15, 2000]