40 C.F.R. §122.23 - Concentrated animal feeding operations (applicable to State NPDES programs, see 123.25)
| Cite as | 40 C.F.R. §122.23 |
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58 cases
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State of Mont. v. U.S. E.P.A., CV 95-56-M-CCL.
...environmental interests. 8. It is conceivable that one or more of the proposed Intervenors could be engaging in regulated activity. See 40 C.F.R. § 122.23 (requiring NPDES permit for Concentrated Animal Feeding Operations). See also Appendix B to Part 122, defining Concentrated Animal Feedi......
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United States Public Interest Research Grp. v. Heritage Salmon, Civil No. 00-150-B-C (D. Me. 2/19/2002), Civil No. 00-150-B-C.
...feeding operations (CAFOs) or concentrated aquatic animal production facilities (CAAPFs) are point sources. See 33 U.S.C. § 1362(6); 40 C.F.R. § 122.23, 122.24. Animal feces released into the waters at such facilities are considered "pollutants" released by a "point source." See Higbee v. S......
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Michigan Farm Bureau v. Dep't of Envtl. Quality, Docket No. 290323.
...CAFOs depending on the number of animals that they stable or confine.2 Sierra Club, 277 Mich.App. at 535, 747 N.W.2d 321; see also 40 C.F.R. § 122.23(b). [292 Mich.App. 112] The EPA first promulgated regulations for CAFOs in the 1970s. Waterkeeper, 399 F.3d at 494. These initial regulations......
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Wash. State Dairy Fed'n v. State, 52952-1-II
...a minimum of 45 days in a 12-month period in a designated lot or facility that is not otherwise used to produce crops or vegetation. 40 C.F.R. § 122.23(b)(2). CAFOs vary in size depending on the number of animals confined at a facility. 40 C.F.R. § 122.23(b)(2), (6). And they may house anim......
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5 firm's commentaries
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Summary Of 2004 Environmental Legislation
...includes any†Animal Feeding Operation defined as a†Large CAFO or as a Medium CAFO or†that is designated as a CAFO in accordance†with 40 CFR 122.23(c). An animal†feeding operation includes a lot or†facility ó but not aquatic animal production†facilities ó where animals have†been, are or will......
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Concentrated Animal Feeding Operations/ Water Pollution Control: Maryland Circuit Court Addresses Whether Permit Should Have Included Gaseous Ammonia Prohibition
...strategy? MDE responded in pertinent part: EPA does not regulate odors or air quality through its CAFO permitting program. See generally 40 CFR 122.23. While MDE derives much of its NPDES permitting authority from EPA and the CWA, it is authorized, as a delegated program, to impose requirem......
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Virginia Environmental Regulatory Developments (October 2013)
...and 503. Effective Date: November 20, 2013. Summary: The existing regulation has been amended, where applicable, to reflect changes to 40 CFR 122.23 published in the Federal Register in 77 FR 44494, dated July 30, 2012. This amendment removes the requirement to apply for and obtain a VPDES ......
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New York dairy farm sued for discharging animal waste in violation of Clean Water Act
...sustained in the normal growing season over any portion of the lot or facility” and confines a specific number of animals set out under 40 CFR § 122.23(b)(4). Wood Dairy Farm falls under the definition of a large CAFO because it has over 700 mature dairy cows. Once a facility is regulated b......
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14 books & journal articles
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Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Point Source' Element of the Clean Water Act Offense
...290,000 broiler chickens; 180,000 laying hens, etc.” In its regulatory deinition of a CAFO, EPA copied this “poop equivalency table.” 40 C.F.R. §122.23. Copyright © 2015 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. 12......
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The basic prohibition of the clean water act
...regulates point sources. Does this make the opinion a pyrrhic victory for the NRDC? Notice how EPA now treats these sources. In 40 C.F.R. § 122.23 to .27, the Agency deines larger agricultural feedlots and some silvicultural activities as “point source[s],” subject to regulation by § 402 pe......
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Point Source
...290,000 broiler chickens; 180,000 laying hens, etc.” In its regulatory deinition of a CAFO, EPA copied this “poop equivalency table.” 40 C.F.R. §122.23. 26. 40 C.F.R. §122.23. CAFOs are discussed in greater detail below. 27. 1971 Cong. Rec. 38816 (Nov. 2, 1971), reprinted in 2 Legis. Histor......
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Agriculture
...Animal Feeding Operations (AFOs) , https://www.epa.gov/npdes/animal-feeding-operations-afos (last updated Jan. 17, 2017). 204. 40 C.F.R. §122.23(b)-(c) (2016). “Large CAFOs” are deined as CAFOs by EPA solely due to the number of animals they hold, “Medium CAFOs” are operations that exceed a......
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7 provisions
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File 11, HB 64 – Main Operating Budget FY2016-FY2017
...works having a controlled direct discharge to the waters of the state or any concentrated animal feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of ......
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HB 166 – Creates FY 2020-2021 operating budget
...works having a controlled direct discharge to the waters of the state or any concentrated animal feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of ......
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File 15, SB 2 – Revise environmental protection laws
...works having a controlled direct discharge to the waters of the state or any concentrated animal feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of ......
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File 4, SB 1 – Agricultural Pollution Abatement Program-transfer to Department of Agriculture/applicators of fertilizer or manure-regulate/algae management and response
...works having a controlled direct discharge to the waters of the state or any concentrated animal feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of ......
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