As a CAFO operator, if I don have an NPDES/CAFO permit, what kind of discharge would NOT be considered a violation of the federal Clean Water Act?
The only discharge that would not be a violation is one that occurred in the event of an actual >\=25-yr, 24-hour storm event. This exemption exists because of the previously mentioned part of the CFR’s definition for “CAFO” which states: “. . . no animal feeding operation is a concentrated animal feeding operation as defined above if such animal feeding operation discharges only in the event of a 25 year, 24-hour storm event.” This exemption does not include any other circumstances; please see next question. Q: As a CAFO operator, if I don’t have an NPDES/CAFO permit, what kind of discharge would be considered a violation of the federal Clean Water Act? A: Discharges from an unpermitted facility, other than those from a 25-year, 24-hr storm, are in violation of the Clean Water Act regardless of retention capacity. These discharges include discharges due both to catastrophic events such as tornadoes, hurricanes, or other catastrophic conditions, and to a chronic rainfall event. For exa
