Section 096-521-6 - Concentrated animal feeding operations [see 40 CFR 122.23](a) Permit requirement. Concentrated animal feeding operations are point sources subject to the NPDES permit program. The Department will consult with the Department of Agriculture on all applications for concentrated animal feeding operations in order consolidate permitting requirements where feasible.(b) Definitions. (1) Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: (i) Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and(ii) Crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.(2) Two or more animal feeding operations under common ownership are considered, for the purposes of these regulations, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.(3) Concentrated animal feeding operation means an ``animal feeding operation'' which meets the criteria in appendix B, or which the Department designates under paragraph (c) of this section.(c) 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: (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 wastewaters 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 waste waters into waters of the State; and(v) Other relevant factors.(2) No animal feeding operation with less than the numbers of animals set forth in appendix B shall be designated as a concentrated animal feeding operation unless: (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.(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.06- 096 C.M.R. ch. 521, § 6