West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-02 - Rules governing The State National Pollutant Discharge Elimination System Program › Section 46-2-13 - Special NPDES Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Concentrated Animal Feeding Operations
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 forty-five (45) days or more in a twelve (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 (2) 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, or
				which the Chief designates under 13.1.c of this section.
c. Case-by-case designation of concentrated
				animal feeding operations:
1. The Chief 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 State. In making this designation
,
the Chief shall consider the following factors:
i. The size of the animal feeding operation
				and the amount of wastes reaching waters of the State;
ii. The The location of the animal feeding
				operation relative to waters of the State;
iii. The means of conveyance of animal wastes
				and process wastewaters into waters of the State;
iv. The slope, vegetation, rainfall, and
				other factors affecting the likelihood or frequency of discharge of animal
				wastes and process wastewaters into waters of the State; and
v. Other relevant factors.
2. No animal feeding operation
				with less than the numbers of animals set forth in Appendix B shall be
				designated as a concentrated animal feeding operation unless:
i. Pollutants are discharged into the waters
				of the State through a man-made ditch, flushing system, or other similar
				man-made device; or
ii. Pollutants
				are discharged directly into the waters of the State 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 Chief has conducted an on-site inspection of the operation
				and determined that the operation should and could be regulated under the
				permit program.