567—65.201(455B,459A) Departmental evaluation; CAFO designation; remedial actions.
	65.201(1) The department may evaluate any AFO that is not defined as a large or medium CAFO, and designate it as a CAFO if, after an on-site inspection, it is determined to be a significant contributor of manure or process wastewater to waters of the United States. In making this determination, the department shall consider the following factors:
	a. 	The size of the operation and the amount of manure or process wastewater reaching waters of the United States;
	b. 	The location of the operation relative to waters of the United States;
	c. 	The means of conveyance of manure or process wastewater to waters of the United States;
	d. 	The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of manure or process wastewater into waters of the United States; and
	e. 	Other relevant factors.
	65.201(2) No AFO with an animal capacity less than that specified for a medium CAFO shall be designated as a CAFO unless manure or process wastewater from the operation is discharged into a water of the United States:
	a. 	Through a manmade ditch, flushing system, or other similar manmade device; or
	b. 	That originates outside of and passes over, across or through the facility or otherwise comes into direct contact with animals confined in the operation.
	65.201(3) The owner or operator of a designated CAFO shall apply for an NPDES permit no later than 90 days after receiving written notice of the designation.
	65.201(4) If departmental evaluation determines that any of the conditions listed in paragraph 65.201(4)“a,”“b,” or “c” exist, the open feedlot operation shall institute necessary remedial actions within a time specified by the department to eliminate the conditions warranting the determination, if the operation receives a written notification from the department of the need to correct the conditions.
	a. 	Settled open feedlot effluent, settleable solids from the open feedlot operation, or open feedlot effluent is being discharged into a water of the state and the operation is not providing the applicable minimum level of manure control as specified in rule 567—65.200(455B,459A);
	b. 	Settled open feedlot effluent, settleable solids from the open feedlot operation, or open feedlot effluent is causing or may reasonably be expected to cause pollution of a water of the state; or
	c. 	Settled open feedlot effluent, settleable solids from the open feedlot operation, or open feedlot effluent is causing or may reasonably be expected to cause a violation of state water quality standards.
[ARC 7965C, IAB 5/15/24, effective 6/19/24]