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Part 750 Express Terms

6 NYCRR Part 750 - CAFO Regulations

* NOTE: Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.

Paragraph (5) of Subdivision 750-1.2(a) is revised to read:

(5) Animal F[f]eeding O[o]peration (AFO) means a lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more animal feeding operations under common ownership are a single animal feeding operation if they physically adjoin each other, or if they use a common area or system for the disposal of wastes.

Paragraph (21) of Subdivision 750-1.2(a) is revised to read:

(i) Concentrated Animal Feeding Operation [- reserved] (CAFO) means an AFO that meets the criteria of either a Large, Medium or Small CAFO. A Large CAFO means an AFO that stables or confines as many as or more than the numbers of animals in any of the following categories:

(a) 700 mature dairy cows, whether milked or dry;

(b) 1,000 veal calves;

(c) 1,000 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs;

(d) 2,500 swine each weighing 55 pounds or more;

(e) 10,000 swine each weighing less than 55 pounds;

(f) 500 horses;

(g) 10,000 sheep or lambs;

(h) 55,000 turkeys;

(i) 30,000 laying hens or broilers, if the AFO uses a liquid manure handling system;

(j) 125,000 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system;

(k) 82,000 laying hens, if the AFO uses other than a liquid manure handling system;

(l) 30,000 ducks (if the AFO uses other than a liquid manure handling system); or

(m) 5,000 ducks (if the AFO uses a liquid manure handling system).

(ii) A Medium CAFO means an AFO that stables or confines as many as or more than the numbers of animals in any of the following categories:

(a) 200 to 699 mature dairy cows, whether milked or dry, except that an AFO that stables or confines 200-299 mature dairy cows, whether milked or dry that does not cause a discharge would not be considered a Medium CAFO;

(b) 300 to 999 veal calves;

(c) 300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs;

(d) 750 to 2,499 swine each weighing 55 pounds or more;

(e) 3,000 to 9,999 swine each weighing less than 55 pounds;

(f) 150 to 499 horses;

(g) 3,000 to 9,999 sheep or lambs;

(h) 16,500 to 54,999 turkeys;

(i) 9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling system;

(j) 37,500 to 124,999 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system;

(k) 25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure handling system;

(l) 10,000 to 29,999 ducks (if the AFO uses other than a liquid manure handling system); or

(m) 1,500 to 4,999 ducks (if the AFO uses a liquid manure handling system).

(iii) A Small CAFO means an AFO that is designated by the Department as a CAFO or requests CAFO SPDES permit coverage and is not a Medium or Large CAFO.
While not required, an AFO with 200-299 mature dairy cows may request CAFO SPDES permit coverage and, if permit coverage is granted, the AFO would be considered a Small CAFO throughout permit coverage. Notwithstanding any provision of this subdivision, the Department retains its existing authority to enter and inspect any property or premises and access records for the purpose of ascertaining compliance or noncompliance with provisions of the ECL Article 17, or the Act or any regulations adopted pursuant thereto.

Subdivision (c) of Section 750-1.7 is revised to read:

(c) CONCENTRATED ANIMAL FEEDING OPERATIONS. Concentrated animal feeding operations and aquatic animal production facilities. Application requirements are set by application forms. Requirements include those set forth in 40 CFR Part 122.21(i) (see section 750-1.24 of this Part) and 6 NYCRR Part 621.

Paragraph (4) of Subdivision 750-1.21(b) is revised to read:

(4) [Discharges] From Concentrated Animal Feeding Operations; and

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