---
kind: "section"
citation: "40 C.F.R. § 122.24"
title: "40"
number: "122.24"
heading: "Concentrated aquatic animal production facilities (applicable to State NPDES programs, see § 123.25)."
url: "https://uscodex.org/cfr/40/122.24"
---

# §122.24. Concentrated aquatic animal production facilities (applicable to State NPDES programs, see § 123.25).

- (a) **Permit requirement.** Concentrated aquatic animal production facilities, as defined in this section, are point sources subject to the NPDES permit program.
- (b) Definition. Concentrated aquatic animal production facility means a hatchery, fish farm, or other facility which meets the criteria in appendix C of this part, or which the Director designates under [paragraph (c)](#c) of this section.
- (c) **Case-by-case designation of concentrated aquatic animal production facilities.**
  - (1) The Director may designate any warm or cold water aquatic animal production facility as a concentrated aquatic animal production facility upon determining that it is a significant contributor of pollution to waters of the United States. In making this designation the Director shall consider the following factors:
    - (i) The location and quality of the receiving waters of the United States;
    - (ii) The holding, feeding, and production capacities of the facility;
    - (iii) The quantity and nature of the pollutants reaching waters of the United States; and
    - (iv) **Other relevant factors.**
  - (2) A permit application shall not be required from a concentrated aquatic animal production facility designated under this paragraph until the Director has conducted on-site inspection of the facility and has determined that the facility should and could be regulated under the permit program.

## Notes

### Amendments

[48 FR 14153, Apr. 1, 1983, as amended at 65 FR 30907, May 15, 2000]

### Authority

Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.

### Source

Source: 48 FR 14153, Apr. 1, 1983, unless otherwise noted.

### Amendments

[48 FR 14153, Apr. 1, 1983, as amended at 65 FR 30907, May 15, 2000]