40 C.F.R. §122.24 - Concentrated aquatic animal production facilities (applicable to State NPDES programs, see 123.25)

Cite as40 C.F.R. §122.24
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10 cases
  • United States Public Interest Research Group v. Stolt Sea Farm Inc., Civil No. 00-149-B-C (D. Me. 2/19/2002), Civil No. 00-149-B-C.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • 19 Febrero 2002
    ...... the outcome of the suit under the applicable law." Nereida-Gonzalez v. Tirado-Delgado, 990 ...(Id. ¶ 40.) Copper can be toxic to fish at a certain ... is used by Stolt as an Investigational New Animal Drug ("INAD"). (Id. ¶ 79; DASMF ¶ 5.) Although, ..., in commenting on proposed floating aquatic animal production facilities in a bay, stated ... have determined that some of these concentrated aquatic animal production facilities may require ... Pollutant Discharge Elimination System (NPDES) program." (DSMF ¶ 4; Culley Decl. I Ex. 3.) The ... for offshore net pen facilities in the State of Maine." (PSMF ¶ 108.) During these years, the ......
  • U.S. Pub. Interest Research Group v. Atl. Salmon, Civ.00-151-B-C.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • 17 Junio 2002
    ...... to obtain an MEPDES permit from the State of Maine or an NPDES permit from the ... the outcome of the suit under the applicable law." Nereida-Gonzalez v. Tirado-Delgado, 990 ...( Id. ) Although an ASM production manager manages these sites (PSMF ¶ 6), it is ...(PSMF ¶ 40.) ASM sprays the feed into the net pens from ... is used by ASM as an Investigational New Animal Drug ("INAD"). ( Id. ¶ 73; DRSM ¶ 13.) ..., in commenting on proposed floating aquatic animal production facilities in a bay, stated ... have determined that some of these concentrated aquatic animal production facilities may require ......
  • Environmental Defense Fund, Inc. v. Gorsuch, s. 81-2025
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 26 Julio 1983
    ...... establish "such performance standards, applicable to owners and operators of facilities for ... regulations implementing [RCRA]." State of Illinois v. Gorsuch, 530 F.Supp. 337 ...33066-588 (1980) (codified at 40 C.F.R. Parts 122-124, 260-265). Phase I ... similar standards and hazardous waste programs, 42 U.S.C. § 6926. . 3 Section 6925 as amended ...Concentrated Phosphate Export Ass'n, 393 U.S. 199, 89 S.Ct. ......
  • 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.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • 19 Febrero 2002
    ...... the outcome of the suit under the applicable law." Nereida-Gonzalez v. Tirado-Delgado, 990 ...(PSMF ¶¶ 40-41.) Bacterial diseases can spread by becoming ... Pollutant Discharge Elimination System (NPDES) permits." (Id. Ex. 4 at 2.) .         A ... for failing to require salmon net pen facilities in Maine to have NPDES permits. (Id. ¶ 19, ... facilities in Maine may constitute "Concentrated Aquatic Animal Production Facilities" under 40 ... was the only NPDES permitting agency in the State of Maine. In January 2001, the EPA granted the ......
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2 firm's commentaries
  • Clean Water Act Requires Permit for Pollution Discharges from Oyster Hatchery’s Pipes
    • United States
    • JD Supra United States
    • 5 Abril 2018
    ...if it meets certain criteria based on the type and size of the operation and the frequency or quantity of pollution discharges. See 40 C.F.R. § 122.24. The Washington Department of Ecology (which administers the NPDES program in the state) determined that Coast did not need a permit because......
  • Clean Water Act Requires Permit for Pollution Discharges from Oyster Hatchery’s Pipes
    • United States
    • LexBlog United States
    • 4 Abril 2018
    ...if it meets certain criteria based on the type and size of the operation and the frequency or quantity of pollution discharges. See 40 C.F.R. § 122.24. The Washington Department of Ecology (which administers the NPDES program in the state) determined that Coast did not need a permit because......
7 books & journal articles
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Pollutant' Element of the Federal Water Pollution Offense
    • United States
    • Environmental Law Reporter No. 44-11, November 2014
    • 1 Noviembre 2014
    ...the ropes, which were hoisted on board the raft at intervals for harvesting. Hammersley , 299 F.3d at 1016. 82. 33 U.S.C. §1328. See 40 C.F.R. §122.24(a). EPA may designate aquaculture operations as point sources requiring permits. 83. Section 502(6) includes CAFOs within the list of exampl......
  • The basic prohibition of the clean water act
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • 23 Julio 2017
    ...than agriculture. EPA has determined that a ish farm that harvests aquatic animals can be a “point source” under the Act. 40 C.F.R. § 122.24(a). Under EPA regulations, a “concentrated aquatic animal production facility” (CAAPF), is a “point source” and subject to permitting requirements if ......
  • Federal Environmental Permitting of Offshore Aquaculture: Coverage and Challenges
    • United States
    • Environmental Law Reporter No. 45-9, September 2015
    • 1 Septiembre 2015
    .... concentrated animal feeding operation, or vessel or other loating craft, . . . from which pollutants are or may be discharged”). 39. 40 C.F.R. §122.24(a). 40. Concentrated aquatic animal production (CAAP) facilities include cold-water facilities that discharge at least 30 days per year, p......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Point Source' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter No. 45-12, December 2015
    • 1 Diciembre 2015
    ...(E.D. Pa. 1980) (overapplication and escape through a break in a berm). 236. Rick’s Mushroom Serv ., 246 F. Supp. 2d at 456-577. 237. 40 C.F.R. §122.24 & app. C. 238. Wild Fish Conservancy v. Quilcene Nat’l Fish Hatchery, 2009 WL 3380655 (W.D. Wash. 2009). 239. 40 C.F.R. §122.24(a). 240. U.......
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7 provisions
  • Georgia Monthly Bulletin, 2020-05, May 2020
    • United States
    • Georgia Register
    • Invalid date
    ..."Concentrated aquatic animal production facility" means any point source which meets the criteria set forth in the Federal Regulations, 40 C.F.R. 122.24; (e) "Construction" means any placement, assembly, or installation of facilities or equipment (including contractual obligations to purcha......
  • Idaho Register Volume 18-06, June 6, 2018
    • United States
    • Idaho Register
    • Invalid date
    ...Water Intake Structures); (3-28-18) b. 40 CFR 122.23, revised as of July 1, 2017 (Concentrated Animal Feeding Operations); (3-28-18) c. 40 CFR 122.24, revised as of July 1, 2017 (Concentrated Aquatic Animal Production d. 40 CFR 122.25, revised as of July 1, 2017 (Aquaculture Projects); (3-2......
  • Missouri Register, Volume 41, No. 05, March 1, 2016, Pages 293-368
    • United States
    • Missouri Register
    • Invalid date
    ...the no-dis- charge permit in which case the CAFO will be required to seek cov- erage under a NPDES permit. [6. In accordance with 40 CFR 122.24(j), when a charge occurs at a CAFO, the CAFO will not be in violation of the requirement to seek NPDES permit coverage so long as the CAFO has oper......
  • MO Register Vol. 37 No. 6. (Pages 437-496)
    • United States
    • Missouri Register
    • 1 Enero 2012
    ...draft even countenances multiple discharges without considering that each such discharge is a violation. Getting certification under 40 CFR 122.24(j) as a no discharge facility and then having a discharge is still a violation of CWA section 301(a) for unpermitted (no NPDES permit) discharge......
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