(1) The term "animal feeding operation" means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: (i) 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 (11) Crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are deemed to be a single animal feeding operation if they are adjacent to each other or if they utilize a common area or system for the disposal of wastes. (2) The term “concentrated animal feeding operation, means an animal feeding operation which meets the criteria set forth in either paragraphs (a)(2) (i) or (ii) of this section. (i) More than the numbers of ani. mals specified in any of the following categories are confined: (a) 1,000 slaughter and feeder cattle, (6) 700 mature dairy cattle (whether milked or dry cows), (c) 2,500 swine weighing over 55 pounds, (d) 500 horses, 55,000 turkeys, (g) 100,000 laying hens or broilers (if the facility has continuous overflow watering), (h) 30,000 laying hens or broilers (if the facility has a liquid manure handling system), (i) 5,000 ducks, or (ii) More than the following numbers and types of animals are confined: (a) 300 slaughter or feeder cattle, (6) 200 mature dairy cattle (whether milked or dry cows), (c) 750 swine weighing over 55 pounds, (d) 150 horses, 16,500 turkeys, (g) 30,000 laying hens or broilers (if the facility has continuous overflow watering), (h) 9,000 laying hens or broilers (if the facility has a liquid manure handling system), (i) 1,500 ducks, or () 300 animal units; and either one of the following conditions are met: (k) Pollutants are discharged into navigable waters through a man-made ditch, flushing system or other similar man-made device; or (1) Pollutants are discharged directly into navigable waters which originate outside of and pass over, across, through or otherwise come into direct contact with the animals confined in the operation. Provided, however, that no animal feeding operation is a concentrated animal feeding operation as defined above if such animal feeding operation discharges only in the event of a 25 year, 24 hour storm event. (3) The term “animal unit” means a unit of measurement for any animal feeding operation calculated by adding the following numbers: The number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0. (4) The term “man-made" means constructed by man and used for the purpose of transporting wastes. (b) Application for Permit. (1) Any person discharging or proposing to discharge pollutants from a concentrated animal feeding operation, who has not already done so, shall file an application with the Regional Administrator by September 1, 1976. (2) (i) Each application must be filed on a Short Form B and completed in accordance with the instructions provided with such form. (ii) In addition to the information required in the Short Form B the Regional Administrator may require any applicant to submit such other appropriate information as the Regional Administrator deems necessary to proceed with the issuance of the permit. (c) Case-by-case Designation of Concentrated Animal Feeding Operations. fied in writing of the requirement to apply for a permit. (41 FR 11461, Mar. 18, 1976) Notwithstanding any other provision of this section, the Director or the Regional Administrator may designate as a concentrated animal feeding operation any animal feeding operation not otherwise falling within the definition provided in § 125.51(a)(2) above. In making such designation the Director or Regional Administrator shall consider the following factors: (1) The size of the animal feeding operation and the amount of wastes reaching navigable waters; (2) The location of the animal feeding operation relative to navigable waters; (3) The means of conveyance of animal wastes and process waste waters into navigable waters; (4) The slope, vegetation, rainfall, and other factors relative to the likelihood or frequency of discharge of animal wastes and process waste waters into navigable waters; and (5) Other such factors relative to the significance of the pollution problem sought to be regulated. Provided, however, that no animal feeding operation with less than the numbers of animals set forth in paragraph (a)(2)(ii) of this section shall be designated as a concentrated animal feeding operation unless such animal feeding operation meets either of the following conditions: (6) Pollutants are discharged into navigable waters through a man-made ditch, flushing system or other similar man-made device; or (7) Pollutants are discharged directly into navigable waters which originate outside of and pass over, across, through or otherwise come into direct contact with the animals confined in the operation. In no case shall a permit application be required from a concentrated animal feeding operation designated pursuant to this section until there has been an onsite inspection of the operation and a determination that the operation should and could be regulated under the permit program. In addition, no application shall be required from an owner or operator of a concentrated animal feeding operation designated pursuant to this section unless such owner or operator is noti $ 125.52 Separate storm sewers. (a) Definitions. For the purpose of this subpart: (1) The term “separate storm sewer" means a conveyance or system of conveyances (including but not limited to pipes, conduits, and channels) located in an urbanized area and primarily operated for the purpose of collecting and conveying storm water runoff. Provided, however, That if the Director or the Regional Administrator designates as a significant contributor of pollution any discharge of pollutants into navigable waters from a conveyance or system of conveyances which is primarily operated for the purpose of collecting and conveying storm water runoff, even though it is not located in an urbanized area, then such conveyance or system of conveyances nevertheless shall be considered to be a "separate storm sewer” for the purpose of this subpart. COMMENT: It is EPA's intent that any conveyance or system of conveyances primarily operated for the purpose of collecting and conveying storm water runoff which is not located in an urbanized area and which has not been designated by the Director or the Regional Administrator as a significant contributor of pollution shall not be considered a point source and thus will not be subject to the provisions of this part. (2) The term "separate storm sewer" does not include any conveyance which discharges process waste water or storm water runoff contaminated by contact with aggregations of wastes, raw materials, or pollutantcontaminated soil, from lands or facilities used for industrial or commercial activities, into navigable waters or into another conveyance or system of conveyances defined in paragraph (a)(1) of this section as a separate storm sewer. Such a conveyance shall be subject to the general provisions of this part. (3) The term “process waste water” means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, (3) The term "surface water" means water that flows exclusively across the surface of the land from the point of application to the point of discharge. (41 FR 28496, July 12, 1976) intermediate product, finished product, byproduct, or waste product. (4) The term "urbanized area" means an area designated from time to time by the Bureau of Census as urbanized according to the criteria listed in 39 FR 15202 (May 1974). COMMENT: Procedures for the issuance of general permits, including terms and conditions, notice, and opportunity for a hearing, shall be proposed in the FEDERAL REGISTER simultaneously with the promulgation of regulations extending the NPDES permit program to agricultural activities. Proposed regulations for agricultural activities were published in the FEDERAL REGISTER on February 23, 1976, at 41 FR 7963. Notwithstand. ing the future issuance of general permits, the Director or the Regional Administrator may require the owner or operator of any separate storm sewer, or any portion thereof, which discharges pollutants into navigable waters to apply for a permit pursuant to the general provisions of this part. An NPDES permit for discharges into navigable waters from a separate storm sewer includes all conveyances which are a part of that separate storm sewer system, regardless of the fact that there may be several owners-operators of such conveyances. An NPDES permit for discharges of pollutants from separate storm sewers does not apply to discharges of pollutants into separate storm sewers from point sources which are not part of the separate storm sewer systems (see paragraph (a)(2) of this section). Discharges into separate storm sewers from point sources which are not part of the separate storm sewer systems are subject to the general provisions of this part. (41 FR 11307, Mar. 18, 1976) § 125.54 Silvicultural activities. (a) Definitions. For the purpose of this section: (1) The term "silvicultural point source" means any discernible, confined and discrete conveyance related to rock crushing, gravel washing, log sorting or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are dis rged into navigable waters. COMMENT: The term does not include nonpoint source activities inherent to silvicul. ture such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, and road construction and maintenance from which runoff results from precipitation events. However, some of these activities (such as stream crossing for roads) may involve point source discharges of dredged or fill material which may require a § 404 permit (see 33 CFR 209.120). (2) The term “rock crushing and gravel washing facilities” means those facilities which process crushed and broken stone, gravel and riprap. (See 40 CFR 436, Subpart B, and the effluent limitations guidelines pursuant thereto). (3) The term “log sorting and log storage facilities" means those facilities wherein discharges result from the holding of unprocessed wood, i.e. logs or roundwood with bark or after removal of bark in self-contained bodies of water (mill ponds or log ponds) or land storage where water is applied intentionally on the logs (wet decking). (See 40 CFR 429, Subpart J, and the effluent limitations guidelines pursuant thereto). (b) Application for Permit. (1) Any person discharging or proposing to discharge pollutants from a silvicultural point source, who has not previously submitted an NPDES permit application in reliance on the prior exclusion of silvicultural activities from the permit program, shall file such an ap § 125.53 Agricultural activities. (a) Definitions. For the purpose of this section: (1) The term “agricultural point source" means any discernible, confined and discrete conveyance from which any irrigation return flow is discharged into navigable waters. (2) The term “irrigation return flow” means surface water, other than navigable waters, containing pollutants which result from the controlled application of water by any person to land used primarily for crops, forage growth, or nursery operations. COMMENT: This term includes water used for cranberry harvesting, rice crops, and other such controlled application of water to land for purposes of farm management. plication with the Regional Administrator by December 31, 1976. (2) (i) Each application must be filed on a Short Form C and completed in accordance with the instructions provided with such form. (ii) In addition to the information required in the Short Form C, the Regional Administrator may require any applicant to submit such other information as the Regional Administrator deems necessary to proceed with the issuance of the permit. $ 128.110 State or local law. Nothing in this part shall affect any pretreatment requirement established by any State or local law not in conflict with any standard established pursuant to this part. In particular cases, a State or municipality, in order to meet the effluent limitations in a NPDES permit for a publicly owned treatment works may find it necessary to impose pretreatment requirements stricter than those contained herein. (41 FR 24712, June 18, 1976) § 128.120 Definitions. Definitions of terms used in this part are as follows: PART 128_PRETREATMENT STANDARDS Sec. 128.100 Purpose. 128.101 Applicability. 128.110 State or local law. 128.120 Definitions. 128.121 Compatible pollutant. 128.122 Incompatible pollutant. 128.123 Joint treatment works. 128.124 Major contributing industry. 128.125 Pretreatment. 128.130 Pretreatment standards. 128.131 Prohibited wastes. 128.132 Pretreatment for compatible pol lutants. 128.133 Pretreatment for incompatible pol lutants. 128.140 Time for compliance. AUTHORITY: Sec. 307(b) Pub. L. 92-500; 86 Stat. 857 (33 U.S.C. 1317). SOURCE: 38 FR 30983, Nov. 11, 1973, unless otherwise noted. EFFECTIVE DATE NOTE: Part 128 was removed at 43 FR 27746, June 26, 1978, effective August 25, 1978. § 128.121 Compatible pollutant. For purposes of establishing Federal requirements for pretreatment, the term “compatible pollutant” means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. Examples of such additional pollutants may include: Chemical oxygen demand. Total organic carbon. Phosphorus and phosphorus compounds. Nitrogen and nitrogen compounds. Fats, oils, and greases of animal or vegetable origin except prohibited under 8 128.131(c). as $ 128.122 Incompatible pollutant. The term “incompatible pollutant” means any pollutant which is not a compatible pollutant as defined in § 128.121. § 128.100 Purpose. The provisions of this part implement section 307(b) of the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500) hereinafter referred to as “the Act”. § 128.123 Joint treatment works. Publicly owned treatment works for both non-industrial and industrial wastewater. 8 128.101 Applicability. The standards set forth in § 128.131 apply to all non-domestic users of publicly owned treatment works. The standard set forth in § 128.133 applies only to major contributing industries. § 128.124 Major contributing industry. A major contributing industry is an industrial user of the publicly owned treatment works that: (a) Has a flow of 50,000 gallons or more per average work day; (b) has a flow greater than five percent of the flow carried by the municipal system receiving the waste; (c) has in its waste, a toxic pollutant in ment pursuant to section 307(b)(4) of the act. toxic amounts as defined in standards issued under section 307(a) of the Act; or (d) is found by the permit issuance authority, in connection with the issuance of an NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works. 8 128.125 Pretreatment. Treatment of wastewaters from sources before introduction into the joint treatment works. § 128.130 Pretreatment standards. The following sections set forth pretreatment standards for pollutants introduced into publicly owned treatment works. 8 128.133 Pretreatment for incompatible pollutants. In addition to the prohibitions set forth in 8 128.131, the pretreatment standard for incompatible pollutants introduced into a publicly owned treatment works by a major contributing industry not subject to section 307(c) of the Act shall be, for sources within the corresponding industrial or commercial category, that established by a promulgated effluent limitations guideline defining best practicable control technology currently available pursuant to sections 301(b) and 304(b) of the Act: Provided, That, if the publicly owned treatment works which receives the pollutants is committed, in its NPDES permit, to remove a specified percentage of any incompatible pollutant, the pretreatment standard applicable to users of such treatment works shall be correspondingly reduced for that pollutant; and provided further than when the effluent limitations guideline for each industry category is promulgated, a separate provision will be proposed concerning the application of such guideline to pretreatment. & 128.131 Prohibited wastes. No waste introduced into a publicly owned treatment works shall interfere with the operation or performance of the works. Specifically, the following wastes shall not be introduced into the publicly owned treatment works: (a) Wastes which create a fire or explosion hazard in the publicly owned treatment works. (b) Wastes which will cause corrosive structural damage to treatment works, but in no case wastes with a pH lower than 5.0, unless the works is designed to accommodate such wastes. (c) Solid viscous wastes in amounts which would cause obstruction to the flow in sewers, or other interference with the proper operation of the publicly owned treatment works. (d) Wastes at a flow rate and/or pollutant discharge rate which is excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. or § 128.140 Time for compliance. (a) Any owner or operator of any source to which the pretreatment standards required by this part are applicable, shall be in compliance with such standards within the shortest reasonable time but not later than three years from the date of their promulgation; except that for $128.133, the three year compliance period for any user shall commence with the date of promulgation of a provision, as required by $ 128.133, setting forth the application to pretreatment of the effluent limitations guidelines for the applicable industrial category. (b) In order to ensure such compli. ance, each such owner or operator shall commence construction of any required pretreatment facilities within 18 months from the date of final promulgation of the provision required by § 128.133, setting forth the application to pretreatment of the effluent limita § 128.132 Pretreatment for compatible pol lutants. Except as required by $ 128.131, pretreatment for removal of compatible pollutants is not required by these regulations. However, States and municipalities may require such pretreat |