Operations requiring a permit

The operator of an animal feeding operation shall apply for a state animal feeding operation permit as follows: 1. Any animal feeding operation that has been defined as a concentrated animal feeding operation in section 33.1-16-03.1-03 or designated a concentrated animal feeding operation under section 33.1-16-03.1-04 must obtain a state animal feeding operation permit. 2. Any medium animal feeding operation where manure or process wastewater from the operation causes or is likely to cause water pollution and is located within one-fourth mile [.40 kilometer] of a stream or surface water that contains water, except for infrequent periods of severe drought, shall apply for a state animal feeding operation permit. Waters completely contained on an owner's property and which do not combine or affect a junction with natural surface or underground waters are not included. 3. A medium or small animal feeding operation shall apply for a state animal feeding operation permit when the department has determined that manure or process wastewater from the operation causes or is likely to cause water pollution. In making this determination, the department 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, manure, and process wastewater into waters of the state; and d. The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes, manure, and process wastewater into waters of the state. 4. An animal feeding operation which stables or confines animals, other than the types of animals specified in the definition of medium animal feeding operation, shall apply for a state animal feeding operation permit when the department has determined that manure or process wastewater from the operation causes or is likely to cause water pollution.