Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2505 - Concentrated Animal Feeding Operations (CAFO)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permit Requirement for CAFOs.
Concentrated animal feeding operations (CAFO)
, as defined in
				  Subsection B of this Section or designated in accordance with Subsection C of
				  this Section, are point sources, subject to LPDES permitting requirements as
				  provided in this Chapter. Once an animal feeding operation is defined as a CAFO
				  for at least one type of animal, the LPDES requirements for CAFOs apply with
				  respect to all animals in confinement at the operation and all manure, litter,
				  and process wastewater generated by those animals or the production of those
				  animals, regardless of the type of animal.
B. Definitions Applicable to this Section
Animal Feeding Operation
(AFO)
- a lot or facility (other than an aquatic animal
					 production facility) where the following conditions are met:
a. 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
b. crops, vegetation, forage growth, or
				  post-harvest residues are not sustained in the normal growing season over any
				  portion of the lot or facility.
Concentrated Animal Feeding Operation
(CAFO)
- an AFO that is defined as a
Large
					 CAFO
or as a
Medium CAFO
by the terms of this
					 Subsection, or that is designated as a CAFO in accordance with Subsection C of
					 this Section. Two or more AFOs under common ownership are considered to be a
					 single AFO for the purposes of determining the number of animals at an
					 operation, if they adjoin each other or if they use a common area or system for
					 the disposal of wastes.
Land Application Area
- land under the
					 control of an AFO owner or operator, whether it is owned, rented, or leased, to
					 which manure, litter, or process wastewater from the production area is or may
					 be applied.
Large Concentrated Animal Feeding
					 Operation
(Large CAFO)
- an AFO that stables or
					 confines as many as or more than the numbers of animals specified in any of the
					 following categories:
a. 700
				  mature dairy cows, whether milked or dry;
b. 1,000 veal calves;
c. 1,000 cattle other than mature dairy cows
				  or veal calves (
Cattle
includes but is not limited to heifers,
				  steers, bulls, and cow/calf pairs.);
d. 2,500 swine, each weighing 55 pounds or
				  more;
e. 10,000 swine, each
				  weighing less than 55 pounds;
f.
				  500 horses;
g. 10,000 sheep or
				  lambs;
h. 55,000 turkeys;
i. 30,000 laying hens or broilers, if the AFO
				  uses a liquid manure handling system;
j. 125,000 chickens (other than laying hens),
				  if the AFO uses other than a liquid manure handling system;
k. 82,000 laying hens, if the AFO uses other
				  than a liquid manure handling system;
l. 30,000 ducks, if the AFO uses other than a
				  liquid manure handling system; or
m. 5,000 ducks, if the AFO uses a liquid
				  manure handling system.
Manure
- includes manure, bedding,
					 compost, and raw materials or other materials commingled with manure or set
					 aside for disposal.
Medium Concentrated Animal Feeding
					 Operation
(Medium CAFO)
- includes any AFO with the
					 type and number of animals that fall within any of the ranges listed in this
					 definition and that has been defined or designated as a CAFO. An AFO is a
Medium CAFO
if:
a. the type and number of animals that it
				  stables or confines falls within any of the following ranges:
i. 200 to 699 mature dairy cows, whether
				  milked or dry;
ii. 300 to 999 veal
				  calves;
iii. 300 to 999 cattle
				  other than mature dairy cows or veal calves (
Cattle
includes
				  but is not limited to heifers, steers, bulls, and cow/calf pairs.);
iv. 750 to 2,499 swine, each weighing 55
				  pounds or more;
v. 3,000 to 9,999
				  swine, each weighing less than 55 pounds;
vi. 150 to 499 horses;
vii. 3,000 to 9,999 sheep or lambs;
viii. 16,500 to 54,999 turkeys;
ix. 9,000 to 29,999 laying hens or broilers,
				  if the AFO uses a liquid manure handling system;
x. 37,500 to 124,999 chickens (other than
				  laying hens), if the AFO uses other than a liquid manure handling
				  system;
xi. 25,000 to 81,999 laying
				  hens, if the AFO uses other than a liquid manure handling system;
xii. 10,000 to 29,999 ducks, if the AFO uses
				  other than a liquid manure handling system; or
xiii. 1,500 to 4,999 ducks, if the AFO uses a
				  liquid manure handling system; and
b. either one of the following conditions are
				  met:
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 that originate outside of and pass
				  over, across, or through the facility or otherwise come into direct contact
				  with the animals confined in the operation.
Process Wastewater
- water directly or
					 indirectly used in the operation of the AFO for any or all of the following:
					 spillage or overflow from animal or poultry watering systems; washing,
					 cleaning, or flushing pens, barns, manure pits, or other AFO facilities; direct
					 contact swimming, washing, or spray cooling of animals; or dust control.
Process wastewater
also includes any water that comes into
					 contact with any raw materials, products, or byproducts including manure,
					 litter, feed, milk, eggs, or bedding.
Production Area
- that part of an AFO that
					 includes the animal confinement area, the manure storage area, the raw
					 materials storage area, and the waste containment areas. The animal confinement
					 area includes, but is not limited to, open lots, housed lots, feedlots,
					 confinement houses, stall barns, free stall barns, milkrooms, milking centers,
					 cowyards, barnyards, medication pens, walkers, animal walkways, and stables.
					 The manure storage area includes, but is not limited to, lagoons, runoff ponds,
					 storage sheds, stockpiles, under-house or pit storages, liquid impoundments,
					 static piles, and composting piles. The raw materials storage area includes,
					 but is not limited to, feed silos, silage bunkers, and bedding materials. The
					 waste containment area includes, but is not limited to, settling basins and
					 areas within berms and diversions that separate uncontaminated storm water.
					 Also included in the definition of
production area
are any egg
					 washing or egg processing facility and any area used in the storage, handling,
					 treatment, or disposal of mortalities.
Small Concentrated Animal Feeding Operation (Small
					 CAFO)
- an AFO that is designated as a CAFO and is not a
Medium
					 CAFO
.