AFO Permit-By-Rule

Medium AFO* Small AFO*

300-999 beef, heifers, or calves
200-699 cows (milking or dry)
37,500-124,999 layers
16,500-54,999 turkeys
750-2,499 swine (>55 pounds)
3,000-9,999 swine (<55 pounds)
3,000-9,999 sheep
150-499 horses

1-299 beef, heifers, or calves
1-199 cows (milking or dry)
1-37,499 layers
1-16,499 turkeys
1-749 swine (>55 pounds)
1-2,999 swine (<55 pounds)
1-2,999 sheep
1-149 horses
* If discharge is direct animal contact (e.g., animal urinates in canal): Requires CAFO permit  * if site discharges and deemed as a significant polluter through an on-site inspection: Requires CAFO permit
Hens

Resources

Animal Feed Operation (AFO) means a facility or lot where animals are stabled or confined, and fed or maintained for a total of 45 days or more in any 12-month period; AND crops, vegetation, forage, or post-harvest residues are not sustained in the normal growing season over portion of the lot or facility. (The 45 days of confinement do not have to be consecutive days and the 12 month period may be any consecutive 12 months, not necessarily a calendar year. Partial daily confinement counts as a whole day; for example, some auctions may qualify as AFOs. The animals do not have to be the same animals confined for 45 days).

The Utah Division of Water Quality (DWQ) will provide small and medium AFOs a level of enforcement protection through a Permit-By-Rule (PBR). The PBR is not the CAFO permit, but is a state rule that is similar to the CAFO permit in the enforcement protection provided. The AFOs following the PBR have enforcement protection from storm events greater than the 25-year, 24-hour storm event.

Overview

  • Only available to Small and Medium AFOs not requiring a CAFO permit
  • Voluntary
  • Obtained by submitting a certification statement to the DWQ
  • Producers may terminate PBR coverage
  • No Fee
  • No public notice of Nutrient Management Plan

Requirements

  • Design, operation and maintenance of facility to provide 25-year, 24-hour storm event containment
  • Approved Nutrient Management Plan (NMP)
  • Annual update of the Nutrient Management Plan, if needed (i.e. significant changes in your operation)
  • Some AFOs will be randomly inspected each year

Benefits