Section R18-9-D901. CAFO Designations

A.      Two or more animal feeding operations under common owner- ship are considered a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

B.       The Director shall designate an animal feeding operation as a CAFO if the animal feeding operation significantly contributes a pollutant to a navigable water. The Director shall consider the following factors when making this determination:

1.        The size of the animal feeding operation and the amount of wastes reaching a navigable water;

2.        The location of the animal feeding operation relative to a navigable water;

3.        The means of conveyance of animal wastes and process wastewaters into a navigable water;

4.        The slope, vegetation, rainfall, and any other factor affecting the likelihood or frequency of discharge of ani- mal wastes and process wastewaters into a navigable water; and

5.        Any other relevant factor.

C.      The Director shall conduct an onsite inspection of the animal feeding operation before the making a designation under sub- section (B).

D.      The Director shall not designate an animal feeding operation having less than the number of animals established in R18-9- A901(19)(a) as a CAFO unless a pollutant is discharged:

1.        Into a navigable water through a manmade ditch, flushing system, or other similar manmade device; or

2.        Directly into a navigable water that originates outside of and passes over, across, or through the animal feeding operation or otherwise comes into direct contact with the animals confined in the operation.

E.       If the Director makes a designation under subsection (B), the Director shall notify the owner or operator of the operation, in writing, of the designation.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).