Concentrated animal feeding operations (applicable to State NPDES programs, see 123.25)

CurrencyCurrent through May 31, 2023
Citation 40 C.F.R. §122.23
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61 cases
  • Wash. State Dairy Fed'n v. State
    • United States
    • Washington Court of Appeals
    • June 29, 2021
    ... ... Department of Ecology's (Ecology) Concentrated Animal Feeding Operation (CAFO) Waste Discharge ... Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General CAFO Permit ... and that "dairies and other livestock operations contribute 65 [percent] of the nitrogen load to ... condition, is the AKART requirement applicable to existing lagoons. Ecology argues that S7.B is ... ...
  • Johnson v. 3M
    • United States
    • U.S. District Court — Northern District of Georgia
    • September 20, 2021
    ... ... The remaining claims are state law claims, brought on behalf of the putative ... NPDES National Pollution Elimination Discharge ... established within the permit and by applicable federal ... and state statutes and ... Supp.3d 1274 Dalton Utilities’ LAS operations are governed by its LAS Permit No. GAJ020056 ... 's LAS are mutually exclusive regulatory programs. ( See Doc. 474-1 at 25.) The distinction ... similar to systems implemented at "Concentrated animal feeding operations," or CAFOs, which are ... ...
  • Save the Valley, Inc. v. U.S. E.P.A.
    • United States
    • U.S. District Court — Southern District of Indiana
    • September 17, 2002
    ... ... the EPA possesses actual knowledge that the State of Indiana has failed to adopt and enforce ... the discharge of pollutants from concentrated animal feeding operations ("CAFOs"), particularly ... Pollutant Discharge Elimination System ("NPDES") permits. Thus, they seek to compel the EPA: (1) ... approval to administer their own permit programs, provided they comply with detailed statutory and ... Section 402 of the Clean Water Act, applicable state regulations, and applicable federal ... ...
  • Kentucky Waterways Alliance v. Johnson
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • September 3, 2008
    ... ... Pollutant Discharge Elimination System ("NPDES") permit issued by the EPA or an EPA-authorized ...   Second, § 303 of the CWA "requires each State, subject to federal approval, to institute ... which "water quality is better than applicable criteria." Water Quality Standards Regulation, 63 ... from single-family residences; (4) concentrated animal feeding operation ("CAFO") discharges; 11 ... , "CAFOs are large-scale industrial operations that raise extraordinary numbers of livestock ... ...
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5 firm's commentaries
  • Summary Of 2004 Environmental Legislation
    • United States
    • Mondaq United States
    • October 22, 2004
    ...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......
  • Virginia Environmental Regulatory Developments (October 2013)
    • United States
    • JD Supra United States
    • November 20, 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 ......
  • New York dairy farm sued for discharging animal waste in violation of Clean Water Act
    • United States
    • LexBlog United States
    • June 5, 2023
    ...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......
  • Concentrated Animal Feeding Operations/ Water Pollution Control: Maryland Circuit Court Addresses Whether Permit Should Have Included Gaseous Ammonia Prohibition
    • United States
    • JD Supra United States
    • April 29, 2021
    ...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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19 books & journal articles
  • Agriculture
    • United States
    • Legal pathways to deep decarbonization in the United States Part VII - Carbon Capture and Negative Emissions
    • March 24, 2019
    ...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......
  • A New Framework
    • United States
    • The Clean Water Act TMDL Program: Law, Policy, and Implementation
    • August 23, 2002
    ...Addressing Environmental and Public Health Impacts From Animal Feeding Operations 8 (Mar. 1998) [hereinafter EPA Draft Strategy ]. 127. 40 C.F.R. §122.23 & app. B (1997). 128. Id . 129. 40 C.F.R. pt. 412 (1997). 130. Id . 131. See U.S. EPA, Compliance Assurance Implementation Plan for Conce......
  • The basic prohibition of the clean water act
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...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......
  • Point Source
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...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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67 provisions
  • MO Register Vol. 43 No. 15. (Pages 1987-2450)
    • United States
    • Missouri Register
    • January 1, 2018
    ...or livestock operation including animal feeding operations and concentrated animal feeding operations as those terms are defined by 40 CFR 122.23, that was constructed after November 30, 2003, and operates in compliance with the following conditions is permitted under this rule. In addition......
  • IL Register Vol. 41 Issue 5. Issue 5 - February 3, 2017 - Pages -748 - 1274
    • United States
    • Illinois Register
    • January 1, 2017
    ...in appendix D to 40 CFR 122 (2016)(2014) (NPDES Permit Application Testing Requirements), referenced in 35 Ill. Adm. Code 307.1005. 40 CFR 122.23(b) and (c) (2016)(2014) (Concentrated Animal Feeding Operations), referenced in 35 Ill. Adm. Code 307.2201. Appendix A to 40 CFR 127 (2016) (Mini......
  • IL Register Volume 45, Issue 27. Issue 27 - July 2, 2021 - Pages 8,009 - 8,171
    • United States
    • Illinois Register
    • January 1, 2021
    ...in appendix D to 40 CFR 122 (2020) (2019) (NPDES Permit Application Testing Requirements), referenced in 35 Ill. Adm. Code 307.1005. 40 CFR 122.23(b) and (c) (2020) (2019) (Concentrated Animal Feeding Operations), referenced in 35 Ill. Adm. Code 307.2201. Appendix A to 40 CFR 127 (2020) (20......
  • IL Register Vol. 40 Issue 44. Issue 44 - October 28, 2016 - Pages -14,374 - 14,816
    • United States
    • Illinois Register
    • January 1, 2016
    ...in appendix D to 40 CFR 122 (2016)(2014) (NPDES Permit Application Testing Requirements), referenced in 35 Ill. Adm. Code 307.1005. 40 CFR 122.23(b) and (c) (2016)(2014) (Concentrated Animal Feeding Operations), referenced in 35 Ill. Adm. Code 307.2201. Appendix A to 40 CFR 127 (2016) (Mini......
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