75-5-801. Definitions. For the purposes of this part, the following definitions apply:

(1) "Animal feeding operation" means a lot or facility where the following conditions are met:

(a) 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

(b) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(2) "Concentrated animal feeding operation" means an animal feeding operation that is defined as a large concentrated animal feeding operation or as a medium concentrated animal feeding operation or that is designated as a concentrated animal feeding operation in accordance with 40 CFR, part 122. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation for the purposes of determining the number of animals at an operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

(3) "Large concentrated animal feeding operation" means an animal feeding operation that stables or confines at a minimum:

(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;

(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 animal feeding operation uses a liquid manure-handling system;

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

(k) 82,000 laying hens if the animal feeding operation uses other than a liquid manure-handling system;

(l) 30,000 ducks if the animal feeding operation uses other than a liquid manure-handling system; or

(m) 5,000 ducks if the animal feeding operation uses a liquid manure-handling system.

(4) "Medium concentrated animal feeding operation" means an animal feeding operation with the type and number of animals that fall within any of the ranges listed in subsection (4)(a) and that has been defined or designated as a concentrated animal feeding operation. An animal feeding operation is defined as a medium concentrated animal feeding operation if:

(a) the type and number of animals that it stables or confines falls within any of the following ranges:

(i) 200-699 mature dairy cows, whether milked or dry;

(ii) 300-999 veal calves;

(iii) 300-999 cattle other than mature dairy cows or veal calves;

(iv) 750-2,499 swine each weighing 55 pounds or more;

(v) 3,000-9,999 swine each weighing less than 55 pounds;

(vi) 150-499 horses;

(vii) 3,000-9,999 sheep or lambs;

(viii) 16,500-54,999 turkeys;

(ix) 9,000-29,999 laying hens or broilers if the animal feeding operation uses a liquid manure-handling system;

(x) 37,500-124,999 chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure-handling system;

(xi) 25,000-81,999 laying hens if the animal feeding operation uses other than a liquid manure-handling system;

(xii) 10,000-29,999 ducks if the animal feeding operation uses other than a liquid manure-handling system; or

(xiii) 1,500-4,999 ducks if the animal feeding operation uses a liquid manure-handling system; and

(b) either of the following conditions is met:

(i) pollutants are discharged into waters of the state through a constructed ditch, flushing system, or other similar constructed device; or

(ii) pollutants are discharged directly into waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

History: En. Sec. 1, Ch. 403, L. 2005; amd. Sec. 2497, Ch. 56, L. 2009.