§ 92.5a. CAFOs.

 (a)  Except as provided in subsections (b)—(d), each CAFO shall have applied for an NPDES permit on the following schedule, and shall have obtained a permit:

   (1)  By May 18, 2001, for any CAFO in existence on November 18, 2000, with greater than 1,000 AEUs.

   (2)  By February 28, 2002, for any other CAFO in existence on November 18, 2000.

   (3)  Prior to beginning operation, for any new or expanded CAFO that began operation after November 18, 2000, and before October 22, 2005.

 (b)  A poultry operation that is a CAFO, which is in existence on October 22, 2005, and that is not using liquid manure handling systems, shall apply for an NPDES permit no later than the following, and shall obtain a permit:

   (1)  By April 24, 2006, for operations with 500 or more AEUs.

   (2)  By January 22, 2007, for all other operations.

 (c)  After October 22, 2005, a new operation, and an existing operation that will become a CAFO due to changes in operations such as additional animals or loss of land suitable for manure application, shall do the following:

   (1)  Apply for an NPDES permit at least 180 days before the operation commences or changes.

   (2)  Obtain an NPDES permit prior to commencing operations or making changes, as applicable.

 (d)  Other operations not described in subsections (a)—(c) that will become newly regulated as a CAFO for the first time due to the changes in the definition of a CAFO in §  92.1 (relating to definitions) shall apply for a permit by April 24, 2006, and obtain a permit.

 (e)  The NPDES permit application requirements shall include, but not be limited to, the following:

   (1)  A nutrient management plan meeting the requirements of Chapter 83, Subchapter D (relating to nutrient management) and approved by the county conservation district or the State Conservation Commission. The plan must include:

     (i)   Manure application setbacks for the CAFO of at least 100 feet, or vegetated buffers at least 35 feet in width.

     (ii)   A statement that manure that is stockpiled for 15 consecutive days or longer shall be under cover or otherwise stored to prevent discharge to surface water during a storm event up to and including the appropriate design storm for that type of operation under §  91.36(a)(1) and (5) (relating to pollution control and prevention at agricultural operations).

   (2)  An erosion and sediment control plan for plowing and tilling operations meeting the requirements of Chapter 102 (relating to erosion and sediment control).

   (3)  When required under §  91.36(a), a water quality management permit, permit application, approval or engineer’s certification, as required.

   (4)  A preparedness, prevention and contingency plan for pollutants related to the CAFO operation.

   (5)  A water quality management permit application as required by this chapter and Chapter 91 (relating to general provisions), when treatment facilities that would include a treated wastewater discharge are proposed.

   (6)  Measures to be taken to prevent discharge to surface water from storage of raw materials such as feed and supplies. These measures may be included in the nutrient management plan.

 (f)  NPDES permits for each CAFO shall include, but not be limited to, conditions requiring the following:

   (1)  Compliance with the Nutrient Management Plan, the Preparedness, Prevention and Contingency Plan and the Erosion and Sediment Control Plan for plowing and tilling operations.

   (2)  A separate NPDES permit for stormwater discharges associated with a construction activity meeting the requirements of Chapter 102 (relating to erosion and sediment control) when applicable.

   (3)  Compliance with 3 Pa.C.S. § §  2301—2389 (relating to the Domestic Animal Law).

   (4)  Compliance with §  91.36.

   (5)  Recordkeeping and reporting requirements as described in the permit.

   (6)  When applicable, effluent limitations and other conditions as required under §  92.2a (relating to treatment requirements) to meet water quality standards, for treated wastewater discharges.

   (7)  Measures needed to be taken to prevent discharge to surface water from storage of raw materials such as feed and supplies, which are not otherwise included in the nutrient management plan.

   The provisions of this §  92.5a issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § §  691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  92.5a adopted November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended October 21, 2005, effective October 22, 2005, 35 Pa.B. 5796. Immediately preceding text appears at serial pages (313602) and (271973).

   This section cited in 25 Pa. Code §  91.36 (relating to pollution control and prevention at agricultural operations).