Also:  The "Director" can designate an AFO a CAFO by
 
• A case by case determination that the AFO is a significant contributor of pollution to waters of the US considering the following factors:
• Size of the operation and amount of waste reaching waters
• Location of AFO relative to waters of the US
• Means of conveyance of animal wastes and process waste waters into waters of the US
• The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes and process waste water into waters of the US and
• Other relevant factors

 

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