Florida Regulations 62-670.400: Requirements for Concentrated Animal Feeding Operations
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(1) Any person discharging or proposing to discharge pollutants from a concentrated animal feeding operation shall file an application for a permit with the Department.
(2) Each application must be filed on DEP Form 62-620.910(3) and completed in accordance with the instructions provided in such form.
(3) Case-by-Case Designation of Concentrated Animal Feeding Operations. Notwithstanding any other provision of this section, the Secretary or authorized designee may designate as a concentrated animal feeding operation any animal feeding operation not otherwise falling within the definition provided in subsection 62-670.200(3), F.A.C. In making such designation, the Secretary or authorized designee shall consider the following factors:
(a) The size of the animal feeding operation and the amount of wastes reaching waters of the State;
(b) The location of the animal feeding operation relative to waters of the State;
(c) The means of conveyance of animal wastes and process waste waters into waters of the State;
(d) The slope, vegetation, rainfall, and other factors relative to the likelihood or frequency of discharge of animal wastes and process waste waters into waters of the State; and,
(e) Other such factors relative to the significance of the pollution problem sought to be regulated.
(f) Provided, however, that no animal feeding operation with less than the number of animals set forth in subsection 62-670.200(3), F.A.C., shall be designated as a concentrated animal feeding operation unless such animal feeding operation meets either of the following conditions:
1. Pollutants are discharged into waters of the state through a man-made ditch, flushing system or other similar man-made device, or
2. Pollutants are discharged directly into waters of the state which originate outside of and pass over, across, through the feeding operation or come into direct contact with the animals confined in the operation.
(4) 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 notified in writing of the requirement to apply for a permit, and the basis for imposing such requirement.
Rulemaking Authority 403.051, 403.061, 403.087, 403.804 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.087, 403.088 FS. History- New 11-27-89, Amended 4-2-90, Formerly 17-670.400, Amended 12-26-96.
(3) Case-by-Case Designation of Concentrated Animal Feeding Operations. Notwithstanding any other provision of this section, the Secretary or authorized designee may designate as a concentrated animal feeding operation any animal feeding operation not otherwise falling within the definition provided in subsection 62-670.200(3), F.A.C. In making such designation, the Secretary or authorized designee shall consider the following factors:
(a) The size of the animal feeding operation and the amount of wastes reaching waters of the State;
(b) The location of the animal feeding operation relative to waters of the State;
(c) The means of conveyance of animal wastes and process waste waters into waters of the State;
(d) The slope, vegetation, rainfall, and other factors relative to the likelihood or frequency of discharge of animal wastes and process waste waters into waters of the State; and,
(e) Other such factors relative to the significance of the pollution problem sought to be regulated.
(f) Provided, however, that no animal feeding operation with less than the number of animals set forth in subsection 62-670.200(3), F.A.C., shall be designated as a concentrated animal feeding operation unless such animal feeding operation meets either of the following conditions:
1. Pollutants are discharged into waters of the state through a man-made ditch, flushing system or other similar man-made device, or
2. Pollutants are discharged directly into waters of the state which originate outside of and pass over, across, through the feeding operation or come into direct contact with the animals confined in the operation.
(4) 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 notified in writing of the requirement to apply for a permit, and the basis for imposing such requirement.
Rulemaking Authority 403.051, 403.061, 403.087, 403.804 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.087, 403.088 FS. History- New 11-27-89, Amended 4-2-90, Formerly 17-670.400, Amended 12-26-96.