N.J. Admin. Code § 7:14A-2.13

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:14A-2.13 - Specific criteria for concentrated animal feeding operations

(a) Except for indirect discharges, a permit shall be obtained for any discharge from an animal feeding operation if the animal feeding operation meets the criteria for a concentrated animal feeding operation under (b) or (d) below.

(b) An animal feeding operation shall be considered concentrated if either (b)1 or 2 are met:

1. More than the numbers of animals specified in any of the following categories are confined:

i. 1,000 slaughter and feeder cattle;

ii. 700 mature dairy cattle (whether milked or dry cows);

iii. 2,500 swine each weighing over 25 kilograms (approximately 55 pounds);

iv. 500 horses;

v. 10,000 sheep or lambs;

vi. 55,000 turkeys;

vii. 100,000 laying hens or broilers (if the facility has continuous overflow watering);

viii. 30,000 laying hens or broilers (if the facility has a liquid manure handling system);

ix. 5,000 ducks; or

x. 1,000 animal units; or

2. More than the number and types of animal set forth in (b)2i through x below are confined, and pollutants are discharged into waters of the State, or directly into waters of the State which originate outside of and pass over, across, or through the facility or otherwise come in contact with the animals confined in the operation.

i. 300 slaughter or feeder cattle;

ii. 200 mature dairy cattle (either milked or dry cows);

iii. 750 swine each weighing over 25 kilograms (approximately 55 pounds);

iv. 150 horses;

v. 3,000 sheep or lambs;

vi. 16,500 turkeys;

vii. 30,000 laying hens or broilers (if the facility has continuous overflow watering);

viii. 9,000 laying hens or broilers (if the facility has a liquid manure handling system);

ix. 1,500 ducks; or

x. 300 animal units.

3. An animal feeding operation shall not be considered a concentrated animal feeding operation as defined above if such animal feeding operation discharges only in the event of a 25 year, 24-hour storm event.

(c) Any animal feeding operation shall, upon the Department's written request, submit the following information:

1. The number and type of animals confined;

2. A description of the means of discharge; and

3. The name and address of the owner or operator.

(d) On a case-by-case basis and after conducting an on-site inspection, the Department shall designate, as a concentrated animal feeding operation, any animal feeding operation which does not meet the criteria in (b) above if (d)1 and 2 below are met:

1. The Department determines that the operation is a significant contributor of pollution to the waters of the State. In making this determination the Department 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 location of the animal feeding operation relative to waters of the State;

iii. The means of conveyance of animal wastes and process waste waters 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; and

2. The Department determines that:

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 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.

N.J. Admin. Code § 7:14A-2.13

Amended by R.2004 d.47, effective 2/2/2004.
See: 35 New Jersey Register 169(a), 35 New Jersey Register 1331(a), 36 New Jersey Register 813(a).
Rewrote (a), (c) and (d).