5 Colo. Code Regs. § 1002-81.4

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-81.4 - DESIGNATION OF AN AFO AS A CAFO

The Division may designate any AFO as a CAFO upon performing an on-site inspection and determining that it reasonably could be a significant contributor of pollutants to waters of the U.S.

(1) The following criteria shall be considered to determine if an AFO will be designated as a CAFO:

(a) The size of the AFO and the amount of manure and wastewater reaching waters of the U.S;

(b) The location of the AFO relative to waters of the U.S.;

(c) The means of conveyance of manure and wastewater into waters of the U.S.;

(d) The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of manure and wastewater into waters of the U.S.; and

(e) Other relevant factors.

(2) No AFO with animal numbers below those established for a Medium CAFO shall be designated as a CAFO unless:

(a) Pollutants are discharged into waters of the U.S. through a manmade ditch, flushing system, or other similar manmade device from the AFO; or

(b) Pollutants from the AFO are discharged directly into waters of the U.S. that originate outside of the facility and pass over, across, or through the facility or otherwise come into contact with the animals confined in the operation.

(3) Where an AFO is at risk of being designated a CAFO, the AFO operator shall submit to the Division, within 60 days of receiving written notice by the Division of such a risk, one of the following:

(a) In consultation with the Division, an approvable work plan and associated timeline for reducing actual or potential environmental impacts such that the Division would not designate the AFO as a CAFO. The operator shall implement the plan within 30 days of it being approved by the Division; or

(b) A written statement signed by the operator indicating the operator's intention to do one of the following:

(i) Operate as a CAFO and submit a complete application to be covered under a CAFO discharge permit within 180 days of the date of the written statement; or,

(ii) Comply with all of the CAFO surface water and ground water protection provisions of this control regulation.

(4) Where an operator does not complete and implement a work plan pursuant to section 81.4 , does not submit a written statement pursuant to section 81.4 , or evidence exists of a discharge from the facility to waters of the U.S., the AFO may be designated a CAFO by the Division and be required to submit a complete application to be covered under a CAFO discharge permit within 90 days of receiving written notice by the Division of such a designation and permit application requirement.

5 CCR 1002-81.4

40 CR 13, July 10, 2017, effective 7/31/2017