9VAC25-31-140: Concentrated aquatic animal production facilities

A. Concentrated aquatic animal production facilities, as defined in this chapter, are point sources subject to the VPDES permit program.

B. Case-by-case designations. The department 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 surface waters.

1. In making this designation the department shall consider the following factors:

a. The location and quality of the receiving surface waters;

b. The holding, feeding, and production capacities of the facility;

c. The quantity and nature of the pollutants reaching surface waters; and

d. Other relevant factors.

2. A permit application shall not be required from a concentrated aquatic animal production facility designated under this subsection until the department has conducted on-site inspection of the facility and has determined that the facility should and could be regulated under the VPDES permit program.