(a) Permit requirement. Concentrated aquatic animal production facilities, as defined in this section, are point sources subject to the NPDES permit program.
(b) Definition. Concentrated aquatic animal production facility means a hatchery, fish farm, or other facility which meets the criteria in appendix C of this part, or which the Director designates under paragraph (c) of this section.
(c) Case-by-case designation of concentrated aquatic animal production facilities. (1) The Director may designate any warm or cold water aquatic animal production facility as a concentrated aquatic animal production facility upon determining that it is a significant contributor of pollution to waters of the United States. In making this designation the Director shall consider the following factors:
(i) The location and quality of the receiving waters of the United States;
(ii) The holding, feeding, and production capacities of the facility;
(iii) The quantity and nature of the pollutants reaching waters of the United States; and
(iv) Other relevant factors.
(2) A permit application shall not be required from a concentrated aquatic animal production facility designated under this paragraph until the Director has conducted on-site inspection of the facility and has determined that the facility should and could be regulated under the permit program.
[48 FR 14153, Apr. 1, 1983, as amended at 65 FR 30907, May 15, 2000]
Notes of Decisions
Olympic Forest Coalition v. Coast Seafoods Co., 884 F.3d 901 (9th Cir. 2018).
· cites it 5× “First, the hatchery did not meet the criteria for automatic designation as a CAAPF under 40 C.F.R. § 122.24 , Appendix C. Second, “[an] Ecology surface water monitoring specialist had reviewed the report and concurred with Dr.”
United States Pub. Interest Rsch. Grp. v. Atl. Salmon of Maine, LLC, 215 F. Supp. 2d 239 (D. Me. 2002).
· cites it 13× “) In the letter, the EPA stated that upon its review *245 of the Clean Water Act and the applicable regulations, it concluded that salmon net pen facilities in Maine may constitute “Concentrated Aquatic Animal Production Facilities” under 40 C.F.R. § 122.24 (b) and Appendix C or…”
Ass'n to Protect Hammersley, Eld, & Totten Inlets, a Washington Non-Profit Corp. v. Taylor Resources, Inc., 299 F.3d 1007 (9th Cir. 2002).
· cites it 2× “40 C.F.R. § 122.24 (a). Under EPA regulations, a “concentrated aquatic animal production facility,” or “CAAPF,” is a point source and subject to the NPDES permit requirements if it contains, grows or holds, among other things, “[c]old water fish species or other cold water…”
Conant v. United States, 12 Cl. Ct. 689 (Ct. Cl. 1987).
“§ 1328 (1982); 40 C.F.R. § 122.24 (c)(2) and Appendix C thereto (1986).”
United States Pub. Interest Rsch. Grp. v. Atl. Salmon of Maine, LLC, 257 F. Supp. 2d 407 (D. Me. 2003).
“) In the letter, the EPA stated that upon its review of the Clean Water Act and *415 the applicable regulations, it concluded that salmon net pen facilities in Maine may constitute “Concentrated Aquatic Animal Production Facilities” under 40 C.F.R. § 122.24 (b) and Appendix C or…”
Env't Def. Fund, Inc. v. Gorsuch, 713 F.2d 802 (D.C. Cir. 1983).
“See 40 C.F.R. § 122.24 (1982). EPA indicated this information would provide it with data needed to establish initial priorities in permitting facilities.”
Lindner v. Meadow Gold Dairies, Inc., 515 F. Supp. 2d 1154 (D. Haw. 2007).
“§ 1362 (14) because it was a “concentrated animal feeding operation” as defined by 40 C.F.R. § 122.24 (b)(3). Mandalay alleged that Meadow Gold’s operations at the Moloa'a Dairy Farm violated the provisions of the Clean Water Act by discharging pollutants in contravention of the…”
Opinion No. (1983) (Mo. Att'y Gen. 1983).
“The only provision of 40 CFR 122.24 not contained in the state regulations is 122.”
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