Section 250-RICR-150-10-1.28 - Concentrated Animal Feeding OperationsA. Permit requirement. "Concentrated animal feeding operations" (as defined in § 1.4 of this Part are point sources subject to the RIPDES permit program.B. Case-by-case designation of concentrated animal feeding operations. 1. The Department 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 Department shall consider the following factors: a. The size of the animal feeding operation and the amount of wastes reaching the 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 and process wastewaters into waters of the State;d. The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal waste and process wastewaters into waters of the State; ande. Other relevant factors.2. No animal feeding operation with less than the numbers of animals set forth in § 1.67 of this Part shall 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 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 Department has conducted an on-site inspection of the operation and determined that the operation should and could be regulated under the permit program.C. Permit authorization Permit Requirement. A CAFO must not discharge unless the discharge is authorized by an RIDES permit. In order to obtain authorization under a RIPDES permit, the CAFO owner or operator must either apply for an individual permit or submit a notice of intent for coverage under a general permit.D. Land application discharges from a CAFO are subject to RIPDES requirements. The discharge of manure, litter or process wastewater to waters of the State from a CAFO as a result of the application of that manure, litter or process wastewater by the CAFO to land areas under its control is a discharge from that CAFO subject to RIPDES permit requirements, except where it is an agricultural storm water discharge as provided in 33 U.S.C. § 1362(14). For purposes of this paragraph, where the manure, litter or process wastewater has been applied in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater, as specified in § 1.17(K) of this Part, a precipitation-related discharge of manure, litter or process wastewater from land areas under the control of a CAFO is an agricultural storm water discharge. 1. For unpermitted Large CAFOs, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of a CAFO shall be considered an agricultural storm water discharge only where the manure, litter, or process wastewater has been land applied in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater, as specified in § 1.17(K) of this Part.2. Unpermitted Large CAFOs must maintain documentation specified in § 1.17(K) of this Part either on site or at a nearby office, or otherwise make such documentation readily available to the Department or Regional Administrator upon request.E. A CAFO must be covered by a permit at the time that it discharges.250 R.I. Code R. 250-RICR-150-10-1.28