Section 33-16-03.1-04 - Designation of concentrated animal feeding operations1. The department may designate any small animal feeding operation as a concentrated animal feeding operation upon determining that it is a significant contributor of pollutants to waters of the state. In making this designation, the department shall consider the following factors: a. The size of the animal feeding operation and the amount of wastes reaching waters of the state;b. The location of the animal feeding operation relative to waters of the state;c. The means of conveyance of animal wastes, manure, and process wastewater into waters of the state; andd. The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes, manure, and process wastewater into waters of the state.2. No small animal feeding operation shall be designated a concentrated animal feeding operation under this section unless the department has conducted an onsite inspection. In addition, no small animal feeding operation may be designated as a concentrated animal feeding operation unless:a. Pollutants are discharged into waters of the state through a manmade ditch, flushing system, or other similar manmade device; orb. Pollutants are discharged directly into waters of the state which originate outside the facility and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.N.D. Admin Code 33-16-03.1-04
Effective December 1, 2004.Amended by Administrative Rules Supplement 370, October 2018, effective 10/1/2018.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04