Adoption of General Permit
(1)The following general permit is adopted by reference in this rule and available for review at the department:
(a)NPDES number 01 (Confined Animal Feeding Operations) (issued on October 1, 2003).
(b)A complete copy of the general permit is available for inspection at the Oregon Department of Agriculture, Natural Resources Division, 635 Capitol St. NE, Salem, Oregon.
(2)Any person owning or operating a confined animal feeding operation has a duty to seek coverage under the Oregon CAFO General permit (NPDES number 01).
(3)Any person owning or operating a CAFO must submit an ODA Application to Register (ATR) according to the following schedule:
(a)All newly constructed CAFOs: Newly constructed CAFOs, including “new sources,” must submit an ATR at least 180 days prior to the time that the CAFO commences operation.
(b)Existing CAFOs that met the previous definition of concentrated AFOs: CAFOs that were defined as concentrated under federal regulations in effect prior to April 14, 2003, must submit an ATR immediately.
(c)Existing CAFOs newly defined as concentrated AFOs as of April 14, 2003: CAFOs that met the federal definition of concentrated as of April 14, 2003, that were not defined as concentrated in federal regulations prior to that date must submit an ATR by a date specified by the director, but no later than February 13, 2006.
(d)Existing CAFOs that become defined as concentrated AFOs after April 14, 2003: CAFOs that become defined as concentrated after April 14, 2003, must submit an ATR within 90 days after becoming defined as a CAFO unless the change in operation that causes the AFO to be defined as a concentrated AFO would not have caused it to be defined as a concentrated AFO prior to April 14, 2003.
(e)All other existing CAFOs that are not concentrated AFOs: Other existing CAFOs that are not concentrated AFOs covered by this permit must submit an ATR within 90 days of notification by the director that permit coverage is required.
(f)AFOs designated by the director: AFOs designated by the director as a concentrated AFO must submit an ATR no later than 90 days after receiving notice of designation.
Rule 603-074-0014 — Adoption of General Permit,