DWQ-2024-008013

STATE OF UTAHDEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
AUTHORIZATION TO DISCHARGE UNDER THE
UTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES)
GENERAL PERMIT FOR DISCHARGES FROM
CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOS)
In compliance with provisions of the Utah Water Quality Act, Utah Code Title 19, Chapter 5, as amended (the Act), animal feeding operations (AFOs) and concentrated animal feeding operations
(CAFOs) issued coverage under this general permitare authorized to discharge pollutants to surface waters of the state of Utah in accordance with the limitations, monitoring requirements,
and conditions set forth in this general permit.
Upon issuance of this permit,
_______________________,
is conditionally authorized to discharge to surface waters of the state subject to the requirements of this permit and must operate their facility in accordance with effluent limitations,
monitoring requirements, nutrient management plan requirements and other provisions set forth herein.A copy of this permit must be retained by the permittee at the production site of
the permitted facility.
This general permit will become effective on DATE.
This general permit and the authorization to discharge shall expire at midnight
DATE.
Signed this _____ day ofDATE.
_____________________________
John Mackey, P.E., Director
Utah Division of Water Quality
TABLE OF CONTENTS
I.PERMIT AREA AND ELIGIBILITY3
A.Permit Area3
B.Eligibility for Coverage3
II.PERMIT COVERAGE3
A.General Permit Requirements3
B.Individual Permit Requirement4
C.Optional Permit Coverage5
III.PERMIT APPLICATION5
A.How to Apply for Permit Coverage5
B.Application Review Process8
IV.PERMIT COVERAGE TERMINATION and PERMIT TRANSFERS10
A.Permit Extension and Termination10
B.Terms of Permit Termination10
C.Transfer of Permit10
V.PERMIT COMPLIANCE AND ENFORCEMENT11
A.Compliance Responsibility11
B.Enforcement for Illegal Discharges11
VI.CIVIL PENALTY EXEMPTIONS UNDER UTAH ADMIN. CODE R317-8-10.811
A.CivilPenalty Exemptions for Large Weather Event Discharges11
VII.EFFLUENT LIMITATIONS AND STANDARDS AND PRODUCTION AREA BMPs12
A.Required Compliance with State Water Quality Standards for all facilities12
B.Production Area Effluent Limitations and Standards for all Operations Except New Poultry, Swine, or Veal Facilities12
C.Production Area Effluent Limitations and Standards for New Poultry, Swine, or Veal13
D.Land Application Area Effluent Limitations and Standards For All CAFOs15
E.Duck CAFOs16
F.Non-TraditionalCAFOs16
G.Production Area Required Best Management Practices (BMPs) and Prohibitions Applicable to All CAFOs16
VIII.NUTRIENT MANAGEMENT REQUIREMENTS17
A.NMP Requirements17
IX.NUTRIENT MANAGEMENT PLAN CONTENT, PLANNING APPROACH, AND TERMS AND CONDITIONS18
A.NMP Content18
B.NMP Planning Approach23
C.Nutrient Management Plan Permit Terms23
D.Projections that are not terms under the NMP that must be submitted to DWQ24
E.Required Calculations24
X.CHANGES TO THE NMP25
A.Notification Requirement 25

B.Permit Modification Requirement25
XI.OTHER PERMIT REQUIREMENTS26
A.Transfer of Manure, Litter, and Process Wastewater To Other Persons26
B.Annual Reporting Requirements26
C.Facility Closure28
D.Emergency Spill and Discharge Response Plan28
E.Required Discharge and Noncompliance Reporting29F.Soil Saturation Monitoring and Recordkeeping for the LWE Discharge and Exemption….....…..29
XII.GENERAL INSPECTION, MONITORING, AND RECORD KEEPING REQUIREMENTS30
A.Facility and Records Access30
B.Record Content31
C.Required Records for Permit Compliance31
D.Recordkeeping Tables33
XIII.STANDARD PERMIT CONDITIONS35
A.General Conditions35
XIV.DEFINITIONS……………………………………………………………………………………………...38
I.PERMIT AREAAND ELIGIBILITY
Permit Area
This permit covers all areas of the State of Utah except Indian lands.
Eligibility for Coverage
This permit offers Utah Pollutant Discharge Elimination System (UPDES) permit coverage for discharges to surface waters from facilities that meet the definition of a concentrated animal
feeding operation. Any existing or future facility that meets the definition of a large, medium, or designated CAFO,as defined in Utah Admin. Code R317-8-10, and that is not otherwise
excluded from general permit coverage, denied coverage, or specifically prohibited from obtaining coverage under Utah Admin. Code R317-8-2.2, is eligible for coverage under this permit.

A CAFO covered by a Ground Water Protection permit issued by the Directoriseligible for coverage under this permit.
CAFO owners/operators ineligible for coverage under this permit, or who believe the terms and conditions of this permit are not appropriate for their facility, must apply for an individual
permit in accordance with II.B.1.
PERMIT COVERAGE
GeneralPermit Requirements
The owner/operator of an animal feeding operation (AFO) which meets the definition of a large, medium, or designated CAFOis required to obtain UPDES permit coverage, under a general
or individual CAFO permit, for discharges to surface waters of the state.
“Large CAFO” means an AFO that stables, houses, or confines the type and numberof animals that fall within any of these ranges:
a.Beef, calves, heifers, and/or veal1,000 or more
b.Cows (milking and dry)700 or more
c.Layers, broiler (wet system)30,000 or more
d.Chickens other than layers (dry system)125,000 ormore
e.Layers (dry system)82,000 or more
f.Turkeys55,000 or more
g.Swine (55 pounds or more)2,500 or more
h.Swine (less than 55 pounds)10,000 or more
i.Sheep and lambs10,000 or more
j.Horses500 or more
k.Ducks (dry system)30,000 or more
l.Ducks (wet system)5,000 or more“Medium CAFO” means aMedium AFO where the conditions specified in 40 CFR §122.23(b)(6)(ii) are met.
a.“Medium AFO” means a lot or facility that is an AFO that stables, houses, or confines the type and numberof animals that fall within any of these ranges:
i.Beef, calves, heifers, and/or veal300-999
ii.Cows (milking and dry)200-699
iii.Layers, broiler (wet system)9,000-29,999
iv.Chickens other than layers (dry system)37,500-124,999
v.Layers (dry system)25,000-81,999
vi.Turkeys16,500-54,999
vii.Swine (55 pounds or more)750-2,499
viii.Swine (less than 55 pounds)3,000-9,999
ix.Sheep and lambs3,000-9,999
x.Horses150-499
xi.Ducks (dry system)10,000-29,999
xii.Ducks (wet system)1,500-4,999
“Designated CAFO” means an AFO that is designated as a CAFO by the Director according to criteria in 40 CFR §122.23(c) and is thereby required to obtain a UPDES permit.
Federal CAFO regulations in 40 CFR do not include large CAFO threshold numbers for AFOs confining other animal species such as; emu, mink, ostrich, bison, elk, deer, etc. The Director
will use best professional judgment (BPJ) to determine whether a discharging non-traditional AFO requires a general or individual CAFO permit. Also, operations confining these other
animal types may be required to obtain a non-CAFO UPDES permit, if conditions warrant such permitting.

Individual Permit Requirement
Any CAFOrequired to obtain coverage under this permit may seek alternate coverage by applying for an individual UPDES permit in accordance with Utah Admin. Code R317-8-2.5(2)(c).In such
cases, theCAFO’s coverage under this general permit shall automatically terminate upon the issuance of a final individual UPDES permit to the CAFO.
The Director may require a CAFO subject to this permit to obtain an individual UPDES permit pursuant to the provisions of Utah Admin. Code R317-8-2.1(3) and R317-8-2.5(2)(c). In such
cases, the CAFO’s coverage under this general permit shall automatically terminate upon the issuance of a final individual UPDES permit to the CAFO.
Optional Permit Coverage
The owner/operator of an AFO or CAFO that does not discharge to surface water of the state may voluntarily elect to be covered under this permit. Any person making such an election
is subject to all applicable requirements of this permit.
PERMIT APPLICATION
A.How to Apply for Permit Coverage
Confidential business information, such as trade secrets, submitted pursuant to this permit may be claimed as confidential by the submitter. Only information that meets the requirements
in R317-8-3.3 will be deemed as confidential. If no claim is made at the time of submission, information may be made available to the public without further notice. Any information
determined to be business confidential will not be public information subject to public information requests or public notice of the permit application.
An owner or operator of anAFO or CAFO seeking coverage under this permit (Applicant) must submit:(1) a complete Notice of Intent (NOI) on a form approved by the Director; (2) asite-specific
Nutrient Management Plan(NMP) that meets the requirements of Utah Admin. Code R317-8-10 and this permit; and (3) the required permit fee.
NOI Requirements. At a minimum, the NOI shallinclude:
the legal name and telephone numbers of the responsible owner or operator. The NOI should also state whether the facility is an integrator facility;
the facility name, physical address, and mailing address;
identification of the type of facility;
the latitude and longitude of the entrance to the production area or on-site office;
a topographic map of the geographic area in which the CAFO is located which shows the specific location of the production area and any nearby surface waters of the state;
the names and locations of the nearest surface waters, and a description of any conveyances to nearby surface waters of the state (i.e. ditches, canals, pipes, culverts, etc.);
specific information about the number, type, and average weight of animals confined at the facility, and the type of confinement utilized by the facility;
specific information about the type and number of solid and liquid waste retention, treatment, containment, and storage structures (i.e. anaerobic lagoon, evaporation pond, underfloor
pit, storage tanks or sheds, concrete pad, aerobic pond, bermed compost area, manure pit, concrete bunker, etc.), and total capacity for manure, litter, compost, and process wastewater
storage (tons/gallons);
the total number of acres under control of the applicant available for land application of manure, litter, compost, and process wastewater;
the estimated amounts of manure, litter, compost, and process wastewater generated per year (tons/gallons);
the estimated amounts of manure, litter, compost, and process wastewater transferred to other persons per year (tons/gallons);
until NeTCAFO is available, the signature of the NCRS Certified Planner that approved the NMP and the date of approval; and
a certification, signed by the owner/operator,which verifies the accuracy and completeness of the information submitted in the NOI and NMP.
The NMP submitted with the NOI must be approved and signed by a Natural Resources Conservation Service (NRCS) certified planner and satisfy the requirements of Utah Admin. Code R317-8-10
and this permit.
As part of the application, the owner/operator seeking permit coverage must sign the following certification verifying the accuracy and completeness of the permit application and NMP
submitted. In addition, any report or electronic report submitted to the Director must include the certification statement.
Certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including
the possibility of fine and imprisonment for knowing violations.”
The certification statement, NOI, and all forms and reports submitted to DWQ must be signed bya person that meets the signatory requirements in XIII.A.21.
Electronic Submission of Application. The NOI and NMP must be submitted electronically via NeTCAFO (the Environmental Protection Agency’s online UPDES eReporting system) once that system
is operational in Utah.
Until NeTCAFO is available, a signed copy of the NOI, NMP, and permit fee (payable to the Division of Water Quality) should be mailed to:
Utah Division of Water Quality
CAFO Program Coordinator
195 North 1950 West
P.O. Box 144870
Salt Lake City, UT 84114-4870orsubmitted via email to [e-mail]
An applicant may request a waiver from the requirement to submit a NOI electronically in NeTCAFO if it meets one of the following conditions:
The applicant’s operational headquarters is physically located in a geographic area (i.e. zip code or census tract) identified as under-served for broadband Internet access in the most
recent report from the Federal Communications Commission; or
The applicant has limitations regarding available computer access or computer capability.
A request for a waiver should be made in writing, identify the conditionwhich qualifies the applicant for a waiver, be properly signedin accordance with the requirements of Part XIII.A.21.a,
and be mailed to the above address.
If the Director grants approval to use a paper NOI and you elect to use it, a copy of the NOI form may be downloaded fromhttps://deq.utah.gov/water-quality/current-permits-and-forms-updes-permitting-program.
The completed NOI, NMP and permit fee should be submitted by mail to the above address.
Timing of Permit Application.A CAFO required to obtain coverage under this permit must submit an application in accordance with the following deadlines:
Existing Un-Permitted Facilities. An AFO or large CAFO in operation prior to April 14, 2003 that has an operational change or discharge that results in a requirement to obtain a CAFO
permit, shall submit their NOI and NMP no later than 90 days after the time a facility has conditions that require permit coverage, unless an alternate deadline is otherwise directed

by the Director or the facility meets conditions in paragraph d. below.
New CAFOs. New source CAFOs and CAFOs constructed after April 14, 2003,that require permit coverage must submit an NOI and NMP to the Director no later than 180 days prior to the time
a facility commences operations.
CAFOs voluntarily obtaining permit coverage. AFOs or CAFOs voluntarily seeking to obtain permit coverage may submit an NOI and NMP at any time.
Designated CAFOs and CAFOs requiring an individual permit. A CAFO that is a Designated CAFO or required to obtain an individual permit, shall submit an NOI and NMP within 60 days of
notification of the permit requirement by the Director, unless an alternate deadline is otherwise determined by the Director.
Permit renewal. A permitted CAFO that requires continued permit coverage under a new permit must submit an NOI and NMP to the Director no laterthan 180 days before the expiration date
of this general permit.
Annual Permit Fee. Coverage under this permit requires payment of the annual permit fee to the Utah Division of Water Quality (DWQ).
Annual permit fees are set according to the Utah Department of Environmental Quality Permit Fee Schedule and are subject to change year-to-year.
On an annual basis, DWQ will send a billing statement with the amount due and a payment deadline. Permit coverage will be terminated when permit fees are not received by payment deadlines.

Payment of permit fees may be made via NeTCAFO (if available), through DWQ’s online portal, by mail, or in person at the DWQ office. Checks should be made out to the Division of Water
Quality.
Permit fee payments can also be made electronically through DWQ’s online portal. Please use the following instructions:
1.Go to Water Quality Shopping Cart on the UDEQ website (https://deq.utah.gov/general/payment-portal).
2.Select Invoice Payment
3.In the Description box, include your invoice and/or permit number.
4.The Amount box, enter the fee amount.
5.Add to Cart.
6.View your cart, review item and amount.
7.Select Checkout, complete required information and submit.
For questions or assistance regarding the permit fee payment, please contact DWQ’s CAFO Program Coordinator or financial personnel at [phone].
Application Review Process
The Directorwill review the submittedNOI andNMP for completeness and compliance with the requirements set forth in Utah Admin. Code R317-8-10 and this permit.The Director may request
additional information from the applicant if it is necessary to complete the NOI and NMP or to clarify, modify, or supplement previously submitted material.
Oncethe Directorhas approved the NMP for a facility, the NMPwill be public noticed on DWQ’swebsitefor 30 days for public comment. Any significant public comment received during the
comment period may require revision of the NMP.Should an NMP need revision, the applicant must revise and resubmit their NMP within the timeframe specified by the Director. Any revisions
to the NMP must be approved by a certified planner and the Director.
The Directorwill notify the applicant in writing when permit coverage has been granted and provide the facility’s assigned general permit number.
PERMIT COVERAGE TERMINATION and PERMIT TRANSFERS
Permit Extension and Termination
If this permit is notreplaced with a reissued permit prior to the expiration date, the permit may be administratively extended by the DWQ in accordance with Utah Admin. Code R317-8-3.1(4)(d).
Any extended permit will remain in full force and effect until a new permit is issued or the permit is terminated.
Terms of Permit Termination
Permit coverage is terminated when:
a new CAFO permit is issued or a decision by the Director ismade not to reissue a general CAFO permit.Should the Director decide not to reissue a general CAFO permit, apermittee requiring
permit coverage must obtain coverage under an individual permit;
issuance of an individual permit in-lieu of general permit coverage is provided; or
the permittee submits a complete notice of termination (NOT)that DWQaccepts as valid termination of permit coverage.
Transfer of Permit
This permit will be transferred to a new permittee if the NOT of the current operator and the NOI of the new operator are approved by the Director and:the current permittee notifies
the Director no less than 30 days in advance of the proposed transfer date;the NOT submission by the current operator includes a written agreement between the existing and new permittee(s)
containing a specific date for transfer of permit responsibilityand liability between them, as well as an explanation of how permit requirements will be met during the transition of
operator control, andthe Director does not notify the existing permittee and the proposed new permittee of its intent to modify, or revoke and reissue the permit. If this notice from
the Directoris not sent, the transfer is effective on the date specified in the agreement mentioned in paragraph (1)(a)above.
PERMIT COMPLIANCE AND ENFORCEMENT
Compliance Responsibility
The operatorof the permitted facility is responsible for compliance with permit requirements and may be held liable for non-compliance. Compliance with all conditions and requirements
of this permit and a facility’s NMP is required once permit coverage is obtained. During permit coverage, the permitteeis responsible for any permit non-compliance, including illegal
discharge, even if the facility is inactive or closed.
Nothing in this permit shall be construed as excusing the Permittee from compliance with any applicable Federal, State, or local statutes, ordinances, or regulations.
B.Enforcement for Illegal Discharges
With the exception of discharges conditionally allowed by an operator’s compliance to permit conditions, or as otherwise allowed under Utah Code § 19-5-105.5 and Utah Admin. Code R317-8-10,
all discharges of pollutants to surface waters of the state are illegal and grounds for enforcementaction and the issuance of financial penalties by DWQ.
Pursuant to Utah Code §19-5-115, any person who violates a permit condition implementing provisions of the Act is subject to a civil penalty not to exceed $10,000 per day of such violation.

Any person who willfully or negligently violates permit conditions of the Act is subject to a fine not exceeding $25,000 per day of criminal violation. Penalties can be higher for other
types of felony violations under Utah Code §19-5-115.
CIVIL PENALTYEXEMPTIONS UNDER UTAH ADMIN. CODE R317-8-10.8

Civil Penalty Exemptions for Large Weather Event Discharges
When a permitted CAFO has an agriculture discharge as a result of a large weather event which meets the definition of that term in Part XIV,no penalty shall be imposed if the permittee
has taken reasonable measures to prevent an agriculture discharge in accordance with Utah Admin. Code R317-8-10.8(2).
2.Any discharge of manure, litter, compost, wastewater, or other pollutants to surface waters of the state from land application areas are not subject to a civil penaltyin an enforcement
action, when:
a.a large weather event is received at the CAFO immediately before the discharge;
b.wastewater from dewatering of storage structures is applied to saturated soils, as that term is defined in this permit;
c.crop fields are managed in compliance with the NMP;
d.fields and irrigation are managed in compliance with the facility’s Irrigation Water Management Plan (IWM) Plan; and
e.the CAFO is in compliance with the requirements in Part IX.A.10.
EFFLUENT LIMITATIONS AND STANDARDS,AND PRODUCTION AREA BMPs
Required Compliance with State Water Quality Standards for all facilities
All facilities are prohibited from discharging from the production area or land application area in violation of the State’s Numeric Water Quality Standards in Utah Admin. Code R317-2-7.1
and R317-2-14 and the Narrative Water Quality Standards in Utah Admin. Code R317-2-7.2.
B.Production Area Effluent Limitations and Standards for All Operations(Except NewPoultry, Swine, or Veal Facilities Commencing Operations afterDecember 4, 2008)
There shall be no discharge of manure, litter, compost, process wastewater, haylage or silage leachate, feed, or other pollutants into surface waters of the stateunless following requirements
are met:
The production area is properly designed, constructed, operated, and maintained to contain all manure, litter, compost, process wastewater, and other pollutants including the runoff
and direct precipitation from a 25-year, 24-hour storm event for the CAFO. Retention, treatment, containment, and storage facilities and structures for manure, litter, compost, process
wastewater, and other pollutants must be designed, constructed, operated, and maintained according to applicable practices and standards of Utah Natural Resources Conservation Service,
requirements of this permit, and the facility’s NMP;
The design storage volume is adequate to contain all manure, litter, compost, process wastewater, and other pollutants accumulatedconsidering, at a minimum, the following:
the volume of manure, litter, compost, process wastewater, and other pollutants accumulated during the proper storage period;
normal precipitation less evaporation during the storage period;
normal runoff during the storage period;
the direct precipitation from the 25-year, 24-hour storm for the area;
the runoff from the 25-year, 24-hour storm event from theproduction area;
residual solids in structure;
necessary freeboard to maintain structural integrity (minimum freeboard of one foot); and
a minimum treatment volume, in the case of treatment lagoons.
The production area is operated and managed in compliance with this permit, the NMP, applicable NRCS practices and standards and BMPs under the NMP and this permit.
C.Production Area Effluent Limitations and Standards forPoultry, Swine, or Veal Facilities Commencing Operations After December 4, 2008
There shall be no discharge of manure, litter, compost, process wastewater, or other pollutants into surface waters of the stateexcept as allowed in paragraphs (C)(2) or (C)(3).
Any CAFO subject to paragraph C may request that the Director establish permit best management practice effluent limitations designed to ensure no discharge of manure, litter, or process
wastewater based upon a site-specific evaluation of the CAFO's open surface manure storage structure. The permit best management practice effluent limitations must address the CAFO's
entire production area. In the case of any CAFO using an open surface manure storage structure for which the Director establishes such effluent limitations, “no discharge of manure,
litter, or process wastewater pollutants,” as used in this section, means that the storage structure is designed, operated, and maintained in accordance with best management practices
established by the Director on a site-specific basis after a technical evaluation of the storage structure. The technical evaluation must address the following elements:a.Information
to be used in the design of the open manure storage structure including, but not limited to, the following: minimum storage periods, additional minimum capacity for chronic rainfalls,
applicable technical standards that prohibit or otherwise limit land application to frozen, saturated, or snow-covered ground, planned emptying and dewatering schedules consistent with
the CAFO's nutrient management plan, additional storage capacity for manure intended to be transferred to another recipient at a later time, and any other factors that would affect the
sizing of the open manure storage structure.
b.The design of the open manure storage structure as determined by the most recent version of the National Resource Conservation Service's Animal Waste Management (AWM) software. CAFOs
may use equivalent design software or procedures as approved by the Director.
c.All inputs used in the open manure storage structure design including actual climate data for the previous 30 years consisting of historical average monthly precipitation and evaporation
values, the number and types of animals, anticipated animal sizes or weights, any added water and bedding, any other process wastewater, and the size and condition of outside areas exposed
to rainfall and contributing runoff to the open manure storage structure.d.The planned minimum period of storage in months including, but not limited to, the factors for designing an
open manure storage structure listed in paragraph 2.a. of this section.Alternatively, the CAFO may determine the minimum period of storage by specifying times the storage pond will be
emptied consistent with the CAFO's Nutrient Management Plan.e.Site-specific predicted design specifications including dimensions of the storage facility, daily manure and wastewater
additions, the size and characteristics of the land application areas, and the total calculated storage period in months.
f.An evaluation of the adequacy of the designed manure storage structure using the most recent version of the Soil Plant Air Water (SPAW) Hydrology Tool. The evaluation must include
all inputs to SPAW including but not limited to daily precipitation, temperature, and evaporation data for the previous 100 years, user-specified soil profiles representative of the
CAFO's land application areas, planned crop rotations consistent with the CAFO's Nutrient Management Plan, and the final modeled result of no overflows from the designed open manure
storage structure. For those CAFOs where 100 years of local weather data for the CAFO's location is not available, CAFOs may use a simulation with a confidence interval analysis conducted
over a period of 100 years. The Director may approve equivalent evaluation and simulation procedures.
g.The Director may waive the requirementfor a site-specific evaluation of the designed manure storage structure and instead authorize a CAFO to use a technical evaluation developed for
a class of specific facilities within a specified geographical area.h.Waste management and storage facilities designed, constructed, operated, and maintained consistent with the analysis
conducted in paragraphs (2)(a) through (g)of this section and operated in accordance with the additional measures and records required by §412.47(a) and (b), will fulfill the requirements
of this section.i.The Director has the discretion to request additional information to support a request for effluent limitations based on a site-specific open surface manure storage
structure.

3.Provisions for upset/bypass, as provided in Utah Admin. Code R317-8-4.1(13) and (14), are allowed.
4.A discharge under paragraphs (C)(2) or (C)(3) is only allowed if the production area is operated in compliance with this permit, the NMP, and applicable NRCS practices and standards
identified and required in the NMP. The CAFO must also comply with VII.A, VII.D, and VII.G, of this section.
D.Land Application Area Effluent Limitations and Standardsfor All CAFOs
1.There shall be no discharge of manure, litter, compost, wastewater, or other pollutants to surface waters of the state from land application areas, except where it is an agricultural
storm water discharge as provided in 33 U.S.C. § 1362(14) oris a proper return flow from irrigated agriculture.
a.Land application to saturated, frozen, or snow-covered ground is only allowed in accordance with the current NRCS Practice Standard 590and the current UMARI, or UMARI equivalent for
the facility.
b.A large weather event penalty exemption for discharges of land applied wastewater from fields with saturated soils is only available to CAFOs in compliance with the requirements in
Part VI.A.2 and Part IX.A.10.
2.Facilitiesthat apply manure, litter, wastewater, or other nutrients to cropland must comply with the current NRCS Practice Standard 590requirements and the facility’s approved NMP
that meets the requirements of 40 CFR §122.42(e)(1)(vi)-(viii).
Where manure, litter, wastewater, or other nutrients have been applied in accordance with a permitted CAFO’s NMP, discharge of exclusively precipitation-related water from a land application
area is an allowable agriculture storm water discharge. Where a precipitation-related discharge occurs from cropland to surface waters of the state that is not in accordance with the
facility’s NMP, the discharge is an illegal storm water discharge.
Manure, litter, compost, or process wastewater may not be land applied closer than 100-feet to any downgradient surface water of the state, open tile line intake structures, sinkholes,
agricultural well heads, or other conduits or conveyances to waters of the state unless the permittee utilizes one of the following compliance alternatives:
Vegetated buffer compliance alternative. The permittee may elect to use a 35-foot wide vegetated buffer where applications of manure, litter, compost, or process wastewater are prohibited
as an alternative to the 100-foot setback.
Alternative practices compliance alternative. As a compliance alternative, the permittee may demonstrate that a setback or buffer is not necessary because implementation of alternative
conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions that would be achieved by the 100-foot setback.
The Division of Drinking Water has established required setbacks for drinking water source wells which must be followed when applicable to a CAFO’s land application area. Please call
[phone],for questions regarding setbacksestablished by the Division of Drinking Water.
E.Duck CAFOs
In addition to the applicable effluent limitations, standards and BMPs set forth in VII.A, VII.B, VII.D, and VII.G, duck CAFOsmust comply with the Fecal coliform and BOD5 effluent limitations
established by the application of best practicable control technology set forth in 40 CFR §412.22.
F.Non-TraditionalCAFOs
Any non-traditional AFOssuch as emu, mink, ostrich, bison, elk, deer, etc. that require permit coverage as notified by the Director or that voluntarily obtain the permit, must comply
with applicable effluent limitations, standards and BMPs in VII.A, VII.B, VII.D, and VII.G.
G.Production Area Required Best Management Practices (BMPs) and Prohibitions Applicable to all CAFOs
1.Perform weekly visual inspections of all stormwater run-on diversion devices, runoff diversion structures, animal waste storage structures and devices channeling process wastewater
to impoundments or tanks.
2.Perform daily visual inspections of water lines, including drinking water and cooling water lines, looking for leaks that could create process wastewater that would require containment
or treatment of the contaminated leaked water.
3.Install depth markers in all open liquid impoundments and terminal storage tanks to indicate the maximum elevation to maintain capacity necessary to contain the facility’s required
storm event precipitation and runoff amount and maintain compliance with effluent limitations, and in addition provide a one-foot freeboard elevation above the containment freeboard
of the facility’s required storm event. The depth markers shall be markedat a maximum of one-foot increments.
4.Perform weekly inspections of impoundments and tanks and record the process wastewater elevation levels in the structures as indicated by the depth marker(s).
Correct any deficiencies found as a result of daily and weekly inspections as soon as possible, but no later than 30 days after identifying the deficiency, unless factors preventing
correction within 30 days have been documented.
Any deficiency where storage structure freeboard or structure integrity is insufficient to contain the required storm eventmust be corrected immediately and is not given the 30-day timeframe
to correct a problem.
Remove accumulations of liquids, solids, and manure from impoundments and tanks as necessary to maintain the capacity of the structures to retain the storage volume for the required
storm event and one-foot additional freeboard.
Maintain on-site records documenting the implementation of therequired BMPsidentified in paragraph (G)(1) through (7). All records shall be maintained and retained on-site for five-years
from the date they were created and must be made available by request and during inspections by DWQ or authorized agent.
A CAFO’s production area may not be located within a 100-year flood plain, unless the production area is protected from inundation damage and discharges that may as a result of100-year
flood waters or flow.
There shall be no discharge of manure, litter, or process wastewater from the production area to groundwater with direct hydrologic connection to surface waters of the state.
NUTRIENT MANAGEMENT REQUIREMENTS
NMP Requirements
A permitted facility is required to implement a site-specific NMP that is approved by a NRCS certified planner. The NMPmust be fully and continuously implemented during permit coverage.
Nutrient planning and management on cropland must be at a maximum on a field-specific basis.
The NMP must specifically identify and describe the physical facilities needed for proper containment, management, and treatment of wastes, and applicable NRCS practices, best management
practices, and other practices and procedures that will be implemented to assure compliance with effluent limitations and standards, and conditions of this permit.
When needed, the NMP must be revised and the revision must be approved by a certified planner. Revised NMPs must be signed by the planner and the operator.
NMPterms are part of the permit.Once the permit is issued, a NMP revision of terms under paragraph IX.Cmay require permit modification. Please see paragraph X.B for examples of significant
changes that require permit modification.
The NMPmust be retained on site and made available for review by DWQ upon request and during on-site CAFO inspections.
NUTRIENT MANAGEMENT PLAN CONTENT, PLANNING APPROACH, AND TERMS AND CONDITIONSNMP Content

Ensure adequate storage of manure and process wastewater, including procedures to ensure proper operation and maintenance of the impoundments and structures. The procedures shall include,
but not be limited to:
a.Proper storage capacity for the permittee’s required storm event shall be maintained.
i.Manure and process wastewater stored in impoundments shall be removed as necessary to maintain a minimum freeboard of one foot or more, in addition to maintenance of the freeboard
needed for the required storm event.ii.Whenever the storage capacity of impoundments is less thanthe volume required to store runoff from the required storm event specified under Effluent
Limitations and Standards in VII, the structures shall be properly dewatered to a level that restores the required capacity and freeboard. During dewatering, land application sites
must have water holding capacity and containment to receive process wastewater.
b.CAFOs constructing new wastewater retention facilities or modifying existing retention facilities shall ensure that all retention structure design and construction will, at a minimum,
be in accordance with all applicable NCRS practices and standards, this includes NRCS Practice Standard 313.The permittee must comply with the design and construction NRCS standards
that are current and in effect at the time of impoundment construction or current practices if existing structures are modified.
Ensure proper management of animal mortalities to prevent discharge of pollutants to surface waters of the state.Mortalities shall be managed to ensure that they are not disposed of
in any liquid manure, storm water, or process wastewater storage system or other structure that is not specifically designed to treat and/or dispose of animal mortalities.
Mortality management and disposal shall be according to applicable NRCS practices.
Properly dispose of dead animals in a timely manner. Animals shall be disposed of in a manner to prevent contamination of surface waters of the state or creation of a public health
nuisance or hazard.
Ensure that clean water is diverted, as appropriate, from the production area.
All operations (except swine, poultry, and veal operations subject to paragraph (b)) shall prevent run-on and clean water contact and contamination with open lots, process wastewater
ponds, manure, litter, compost and other pollutants up to, and including, the 25-year, 24-hour storm event. Any water that contactsfeed, manure, wastewater, litter, runoff, milk, bedding,
compost, mortalities, etc., must be properly contained or treated.
b.All newswine, poultry, and veal facilities commencing operations after December 4, 2008, shall prevent run-on and cleanwater contact and contamination with open lots, process wastewater
ponds, manure, litter, compost and other pollutantsaccording to VII.A, VII.C, VII.D, and VII.G above. Any water that contacts feed, manure, wastewater, litter, runoff, milk, bedding,
compost, mortalities, etc., must be properly contained or treated. No Discharges are allowed unless following the requirements of VII above.
Prevent direct contact of confined animals with surface waters.
Surface waters of the state are not allowed to flow through animal confinement areas.
Animals are not allowed access, including for watering purposes, to surface waters of the state.
New structures and facilities shall not be built in surface waters of the state.
Ensure that chemicals and other contaminants handled on-site are not disposed of in any manure, storm water, or process wastewater storage system unless specifically designed to treat
such chemicals and other contaminants.
Chemicals and other contaminants under this paragraph include: animal dips, pesticides, cleaning and disinfection agents, foot bath chemicals, pharmaceuticals, fertilizers, fuel, oil,
cooling water, silage leachate, etc.
Only manure, litter, compost, process wastewater, and precipitation resulting from the normal operation of the CAFO are allowed in storage and retention structures.
Identify site-specific conservation practices that will be implemented, including as appropriate, buffers or equivalent practices, to control runoff of pollutants to surface water.Such
practices shall include:
Solid manure shall be incorporated as soon as possible after application, unless the application site has perennial vegetation (such as alfalfa) or is no-till cropped, and where the
nutrient management plan adequately demonstrates that surface water quality will be protected where manure is not immediately incorporated.
Process wastewater to furrow or flood-irrigated land application sites shall be applied in a manner that prevents any process wastewater runoff into surface waters of the state.
When process wastewater is sprinkler or drip applied, the soil water holding capacity of the soil shall not be exceeded.
Process wastewater shall not be applied to frozen, snow covered, or saturated land application sites unless according to NRCS practice 590, UMARI,and other NRCS practices.
Where applicable of the following, the greatest setback distance of land applied manure and process wastewater applies;
100 feet (or 35-foot vegetated buffer as appropriate) of surface waters of the state,
100 feet of domestic water supply wells,
setbacks or vegetative buffers established through UMARI or other NRCS practices, and
setbacksotherwise required by the Division of Drinking Water, as it pertains to drinking water source protection.
Identify the protocols for appropriate sampling and testing of manure, process wastewater and soil.
NRCS Practice Standard 590 and Utah State University (USU) Extension soil and manure sampling protocolsand guidelines must be followed.
Representative soilsamples shall be collected according to a schedule established in the NMP and according to NRCS practices and USU guidelines. NRCS practices will be used to determine
soil sampling frequency. At a minimum, soil must be analyzed once a year for annual crops and once every three years for perennial crops. The samples must be analyzed for nitrogen
and phosphorus content.
c.At a minimum, soil samples shall be collected on a field specific basis.Based on NRCS practices, certified planners will need to determine any special soil monitoring protocols for
a CAFO that are more stringent than monitoring on a field-specific basis and include those protocols in the NMP.
d.Manure samples representative of the nutrient content must be collected on an annual basis. In addition, on an annual basis, wastewater, litter, and compost must be analyzed if land
applied. The samples must be analyzed to determine nitrogen and phosphorus content.
Establish protocols to land apply manure or process wastewater in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the
nutrients in the manure or process wastewater.Such protocols shall include, but are not limited to:
Compliance with thecurrent NRCS Practice Standard 590, Nutrient Management.
In association with NRCS Practice 590, USU guidelines.
No application of manure or process wastewater shall be made to a land application site at a rate that will exceed the capacity of the soil and the agronomic nutrient uptake of the planned
crops and yields. Manure and wastewater shall only be applied to useful crops. Manure shall not be applied to bare ground or other areas where a crop will not be grown for 12months
or more following the application.
Manure and process wastewater shall be applied as uniformly as possible with properly calibrated equipment. Any feed runoff, pen or corral runoff, or other process wastewater applications

to fields shall be evenly distributed throughout the field.
Operators must inspect annually and calibrate as needed, any equipmentused for land application of manure, litter, compost, or process wastewater.
Direct land application of mortalities, blood, animal by-products, waste feed, waste milk, or other products or materials is prohibited unless the nutrient applications are accounted
for in the NMP and a public nuisance is not created. The Director mustapprove any NMP that includes these types of non-manure and non-wastewater applications.
Composting of mortalities, blood, and animal by-productsmay require approval from the Utah Division ofWaste Management and Radiation Control. Please contact the division at [phone],
for more detail regarding animal composting requirements.
Identify specific records that will be maintained to document the implementation and management of the minimum NMP elements.
The NMP will outline the records that must be maintained and retained on-site. Records must be retained for 5 years from date of record creation. Please refer to Part XII.C and D for
specific records that must be included in the NMP and maintained.
10.For the large weather event penalty exemption (Part VI.A.2), identify and implement practices and methods to determine proper water management and to measure soil saturation in crop
fields.
a.The facility shall implement a current Irrigation Water Management (IWM) Plan developed according to requirements in NRCS Practice Standard 449, Irrigation Water Management.
b.The IWM Plan shall be included in the NMP and updated as needed.
c.In the IWM, the NRCS certified planner shall identify the practices, methods, equipment, monitoring, and recordkeeping requirements to measure and demonstrate accurate soil saturation
measurements and results.
d.The Director will review the IWM Plan and practices and methods thereinat the time of permit application, as part of any IWM Plan or NMP update, during on-site inspections, and upon
request for the IWM Plan from DWQ.
e.The Director must have approved a current and updated NMP and IWM Plan prior to any discharge from crop fields to surface waters of the state for the large weather event penalty exemption
to apply.
f.The facility shall monitor and record soil saturation as required byXI.F and XII.D.1.
NMP Planning Approach
Unless the permitteechooses to utilize the Linear Approach as outlined in 40 CFR §122.42(e)(5)(i), the Narrative Rate Approach will be utilized for determining application rates of nutrients
to cropfieldsand appropriate pastures.
Nutrient Management Plan Permit Terms
NMP conditions under this paragraph C are incorporated into the permit and must be public noticed with the permit application. Compliance with these NMP terms is required under this
permit.The NMP must include:
the fields available for land application;
field specific rates of application properly developed to ensure appropriate agricultural utilization of the nutrients in the manure, litter, compost, or process wastewater;
any timing limitations identified in the nutrient management plan concerning land application on fields available for land application;
description of the rates of application of manure, litter, and process wastewater to be land applied according to the following specifications:
i.maximum amounts of nitrogen and phosphorus derived from all sources of nutrients, for each crop identified in the nutrient management plan in pounds per acre for each field;
ii.the outcome of field specific assessment of potential for nitrogen and phosphorus transport to surface waters of the state for each field, using UMARI or alternate NRCS practice or
model that is equivalent to, or more stringent than, UMARI;
iii.the cropsto be planted in each field and alternative crops;
iv.the realistic yield goals for crops in each field;
v.the nitrogen and phosphorus recommendation for each crop and for each field.
vi.The methodology (including calculations, sources of data, protocols for making determination, etc.) and actual data that will be used to account for the amounts of manure, litter,
and process wastewater to be land applied, including the following:
results of soil tests;
credits for all nitrogen in the field that will be plant-available;
The amount of nitrogen and phosphorus in the manure, litter, and process wastewater to be applied;
consideration of multi-year phosphorus application;
accounting for all other additions of plant-available nitrogen and phosphorus to the field;
the form and source of manure, litter, and process wastewater;
the timing and method of land application; and
volatilization of nitrogen and mineralization of organic nitrogen.
For alternate crops identified in the NMP that are not currently included in the planned crop rotation:
i.the crops must be listed by field, in addition to the crops
identified in the planned crop rotation for that field;
ii.the realistic crop yield goals, and the nitrogen and phosphorus
recommendations must be identified; and
iii.maximum amounts of nitrogen and phosphorus from all
sources of nutrients and the amounts of manure, litter, and process wastewater to be applied must be determined in accordance with the methodology described above.
The following projections are not permit NMP terms under the NMP, but must be submitted to DWQ:
The CAFO’s planned crop rotations for each field for the period of permit coverage;
The projected amount of manure, litter, or process wastewater to be applied;
Projected credits for all nitrogen in the field that will be plant-available;
Consideration of multi-year phosphorus application;
Accounting for other additions of plant-available nitrogen and phosphorus to the field; and
The predicted form, source, and method of application of manure, litter, and process wastewater for each crop.

Required Calculations
Utilizing NRCS Practice 590 and current soil and manure monitoring results, CAFOs must calculate and determine the maximum amounts of manure, litter, and process wastewater to be land
applied on a field-specific basis, at least once each year based on the following data:
A determination of nitrogen and phosphorus available in soil thatwill be availableduring the growing season. This includes nitrogen mineralization from previous land applications.
The results of most recent representative manure, litter and process wastewater test for nitrogen and phosphorus taken within 12 months or less of the date of land application, in order
to determine the amount of nitrogen and phosphorus in the manure, litter and process wastewater to be applied.
CHANGES TO THE NMP
Notification Requirement
When a CAFO makes changes to an approved NMP, including any IWM Plan in the NMP, the CAFO owner or operator must provide the DWQwith the most current version of the CAFO’s nutrient management
plan and identify changes from the previous version.For changes that do not revise the NMP terms of the permit, DWQ will notify the CAFO that the CAFO may implement the NMP without any
permit modification.
Permit Modification Requirement
For substantial changes to the terms of the NMP listed below, the Directorwillpost the proposed NMP changes on the DWQwebsite for 30 days to receive public comment on the changes.
2.Once the changes are incorporated into the permit, the Directorwill notify the CAFO and the public of the permit change. Substantial changes to the terms of the NMP that require permit
modification include:
Addition of new land application areas not previously included in the CAFO’s NMP. Except that if the land application area that is being added to the NMP is covered by the terms of
an NMP incorporated into an existing permit, and that CAFO applies manure, litter, or process wastewater on the newly added land application area in accordance with the existing field-specific
permit terms applicable to the newly added land application area.
b.Reduction in the acreage of land application areas.
c.For Narrative Rate Approach NMPs, any changes to the annual maximum amounts of nitrogen and phosphorus derived from all sources for each crop.
d.Addition of any crop or other uses not included in the terms of the CAFO’s nutrient management plan and corresponding field-specific rates of application.It is suggested that the certified
planner include alternate crop planning in the NMP when a facility’s NMP is being developed to help avoid the need for future permit modification.
e.Changes to site-specific components of the CAFO’s nutrient management plan, where such changes are likely to increase the risk of nitrogen and phosphorus transport to surface water
based on NRCS Practice Standard 590 and UMARI or equivalent to UMARI.
3.If the changes to the terms of the NMP are not substantial, DWQ will include the revised NMP in the permit record.
OTHER PERMIT REQUIREMENTS
Transfer of Manure, Litter, and Process Wastewater to Other Persons
When manure, litter, compost, or process wastewater is sold or given away, the permittee must comply with the following conditions:
maintain records showing the date and amount of manure, litter, compost and/or process wastewater that leaves the permitted operation on an annual basis;
record the name and address of the recipient;
provide the recipient(s) with representative information on the phosphorus and nitrogen content of the manure, litter, compost and/or process wastewater; and
for a period of five years, permit-related records are to be retained on-site and made available to DWQ for review upon request. Also, records are to be submitted to DWQ upon request.

Annual Reporting Requirements
The permittee must submit an annual report covering the previous calendar year tothe Director by April first of each year. The reporting requirements and April first deadline also apply
to facilities with partial years of permit coverage. Once NeTCAFO is available, annual reports must be submitted electronically unless a waiver is approved by DWQ. Permit holders will
be notified when submission of annual reports in NeTCAFO is required.
All discharges and instances of noncompliance, including those discharges required to be reported within 24 hours, shall be reported in the annual report.
The annual report may be submitted using the annual form or may be compiled separately. The annual report must include the following information:
a listing of any discharges or instances of noncompliance;
the number and type of animals confined at the facility, whether in open confinement or housed under roof;
the estimated amount of total manure, litter, compost and process wastewater generated by the CAFO in the previous 12 months (tons/gallons);
the estimated amount of total manure, litter, compost and process wastewater transferred to other person by the CAFO in the previous 12 months (tons/gallons);
the total number of acres for land application covered by the NMP;
the total number of acres under control of the CAFO that were used for land application of manure, litter, compost and process wastewater in the previous 12 months;
a summary of all manure, litter, compost and process wastewater discharges from the production area that have occurred in the previous 12 months, including date, time, approximate volume,
name of receiving water; description of the cause, and what was done to address the discharge.
a statement indicating whether the current version of the CAFO’s NMP has been approved by a certified nutrient management planner and is up-to-date; and
The following nutrient management planning information:
i.the actual crop(s) planted and actual yield(s) for each field;
ii.the actual nitrogen and phosphorus content of the manure, litter, compost, and process wastewater;
iii.the results of the calculations conducted in accordance with the Narrative Rate Approach;
iv.the amount of manure, litter, compost, and process wastewater applied to each field during the previous 12-months; anda signed permittee certification Statement.
for CAFOs utilizing the Narrative Rate Approach, the following information must also be included in the Annual Report:
the results of any soil testing for nitrogen and phosphorus taken during the preceding 12 months,
the data used in calculations to determine maximum amounts of manure, compost, litter, and process wastewater to be land applied at least once each year using Paragraph IX.C.1.d., and
the amount of any supplemental fertilizer applied during the previous 12 months; and
Facility Closure
The following conditions shall apply to the closure of lagoons and other earthen or synthetic lined basins and other manure, litter, compost, or process wastewater storage and handling
structures:

Closure of Lagoons and Other Surface Impoundments.
All lagoons and other earthen or synthetic lined basins must be properly closed if the facility ceases operation. In addition, any lagoon or other earthen or synthetic lined basin that
is not in use for a period of twelve consecutive months must be properly closed unless the facility intends to resume use of the structure at a later date and maintains the structure
as though it were actively in use. The permittee shall notify DWQof the action taken and shall conduct required routine inspections, maintenance, and record keeping during the inactive
period. No manure, litter, compost, or process wastewater storage and handling structure shall be abandoned.
For proper closure, closure of lagoons and other earthen or synthetic lined basins must be consistent with Utah NRCS Closure of Waste Impoundments Practice Standard Code 360. Consistent
with this standard, the permittee shall remove all waste materials to the maximum extent practicable and utilize or dispose of them in accordance with the permittee’s NMP. The permittee
is responsible for any discharge of pollutants.
CAFOs which have ceased operation shall maintain permit coverage until all manure, litter, compost, or process wastewater storage and handling structures have been properly closed.
Emergency Spill and Discharge Response Plan
CAFOs shall develop an Emergency Spill and Discharge Response Plan. CAFOs have a duty to mitigate any environmental damage and clean-up contamination to the extent possible as follows:
The plan must include procedures for expeditiously stopping, containing, and cleaning up leaks, spills, discharges, or other releases both on and off CAFO property.
Employees who may deal with a release must be trained in these procedures and have necessary spill response equipment available.
The plan must include procedures for immediate notification of emergency response agencies and regulatory agencies. Any discharge must be reported within 24-hours to the CAFO Program
Coordinator [phone], unless the discharge is a threat tothe environment or human health. In any case of threat to the environment or human health, DWQ must be immediately notified
by calling the DEQ Incident Hotline at [phone].
Required Discharge and Noncompliance Reporting
The permittee shall orally report any discharge to surface waters of the statewithin 24 hours from the time the permittee first became aware of the discharge by calling the CAFO Program
Coordinator at [phone].Any discharge or other noncompliance that may endanger health or the environment shall be reported immediately by calling the UDEQ24-hour Incident Hotline
[phone].In addition, a written submission shall also be provided within five days of the time that the permittee becomes aware of the circumstances.The written submission shall
contain:a description of the noncompliance and its cause;the period of noncompliance, including exact dates and times;estimated volume of discharge;steps taken to end the discharge or
other non-compliance;the estimated time noncompliance is expected to continue if it has not been corrected;steps taken to mitigate any adverse impacts on the environment and human health;
andsteps taken or planned to reduce, eliminate, and prevent reoccurrence of the discharge or other noncompliance.
Five-day reports shall be submitted to:
Division of Water Quality
CAFO Program Coordinator
195 North 1950 West
PO Box 144870
Salt Lake City, Utah 84114-4870
or emailed to the CAFO Program Coordinator.
The Director may waive the requirement for a written report on a case-by-case basis if the verbal report is received by DWQ within 24 hours of the discharge.
F.Soil Saturation Monitoring and Recordkeeping for the Large Weather Event Discharge Exemption
1.On a daily basis in unfrozen soils and prior to a large weather event being received, the permittee shall monitor soil saturation in crop fields where a large weather event discharge
to waters of the state may occur. The permittee shall follow the practices and procedures for soil moisture and saturation monitoring prepared by the NRCS certified planner in the CAFO’s
NMP and IWM Plan.
2.On a daily basis and prior to a large weather event being received, the permittee shall record soil saturation percent results at four and eight inches in soil depth.
3.The permittee shall maintain and retain records of soil saturation percent results for the term of permit coverage.
GENERAL INSPECTION, MONITORING, AND RECORD KEEPING REQUIREMENTS
Facility and Records Access
The permittee shall allow DWQ, or authorized representative of DWQ and the EPA, or authorized representative of EPA, upon presentation of credentials and other documents required by
law, to:
enter the permittee’s premises where a regulated facility or activity is located or conducted, or where records must be kept under conditions of this permit;
have access to and copy, at reasonable times, any records that must be kept under conditions of this permit. Except for data determined to be confidential under Utah Admin. CodeR317-8-3.3,
all reports and records prepared in accordance with the terms of this permit shall be available for public inspection at the office of Director or electronically made available to the
public that submit GRAMA requests to DWQ for CAFO information;
inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit;
take photos, videos, or other visual and audio recordings and documentation of facilities, equipment, production area, land application areas, discharges, and site-conditions, as needed
to demonstrate compliance or non-compliance to this permit;
sample or monitor, at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location;
and
if needed, sample and monitor during non-business hours any discharge to surface waters of the state.
Record Content
Records of sampling of soils, manure, litter, process wastewater, or discharge monitoring shall include the following information for sampling or measurement at the CAFO:
The date, location, and time of sampling or measurements;
The individual(s) who performed the sampling or measurements;
The sampling methods used;
The analytical methods used (the NMP must include the methodology used). The methodology used must comply with 40 CFR §136.3., Tables 1A and 1B; and
The results of the monitoring.
List of Required Records for Permit Compliance
As applicable, the following records are required and must be kept onsite:

Current copy of NMP, including any IWM Plan in the NMP;
Copy of NOI or otherpermit application;
Copies of annual reports;
Manure transfer records per XI.A;
Records needed to document implementation of IX.A, essential NMP requirements;
Records of mortality management;
Records of overflows or discharges to surface waters of the state with the date, time, andestimated volume of any overflow;
Land application records, including:
dates of applications;
weather conditions (i.e. wind and precipitation) at time of application and 24 hours prior to application;and
amount of manure, litter, compost, or process wastewater applied.
Methods and protocols used to sample and analyze soil, manure, litter, compost, or process wastewater;
Results of soil, manure, litter, compost, or process wastewater monitoring;
Expected and actual crop yield records;
Records of daily water line inspections;
Description for the basis for determining application rates;
Calculations showing the total nitrogen and phosphorus applied to each field, including sources other than manure, litter, compost, or process wastewater;
Methods used to apply manure, litter, compost, and process wastewater;
Dates of manure application equipment inspections and calibrations;
17.Weekly inspections of structures and impoundments;
18.Weekly freeboard readings;
19.Records documenting corrective actions. Deficiencies not corrected within 30 days must be accompanied by an explanation of the factors preventing immediate correction;
20.Records documenting the current design of any manure, litter, compost, and process wastewater storage structures, including volume for solids accumulation, design treatment volume,
total design volume, and approximate number of days of storage capacity; and
21.Forpurposes of qualifying for the Large Weather Event Civil Penalty exemption, daily soil saturation monitoring records in fields with potential to discharge to waters of the state.

Recordkeeping Tables
Table XII.D.1: Daily CAFO Permit Record Keeping Requirements
Requirement/Parameter
Units
Frequency
Water line inspections. Look for leaks, corrosion, at troughs, pipes, etc.
N/A
Inspect and document inspection daily.
Soil saturation monitoring. Monitor/sample for soil saturation percent at four inches in soil depth.
Percent or other units as determined in the IWM Plan
Monitor and documentdaily.
Soil saturation monitoring. Monitor/sample for soil saturation percent at eight inches in soil depth.
Percent or other units as determined in the IWM Plan
Monitor and document daily.
Table XII.D.2: Weekly CAFO Permit Record Keeping Requirements
Requirement/Parameter
Units
Frequency
1. Inspect all waste storage and treatment structure freeboards.
2. Inspect all structures for stormwater, runoff, waste storage, treatment, land application pipelines, and other waste handling structures. Look for cracks, seepage, erosion, vegetation,
gopher holes, plugged pipes and culverts, corroded pipes, leaking gates, etc.
Feet or inches.
N/A
Inspect and document inspection weekly.
Inspect and document inspection weekly.
Table XII.D.3: Annual, One-time, and As-needed CAFO Permit Record Keeping Requirements
Requirement/Parameter
Units
Frequency/Requirement
Manure Transfer records.
N/A
As needed. Retain manure transfer records.
Records of essential NMP requirement implementation.
N/A

As needed. Retain records documenting and showing compliance to IX.A
Keep records of mortality management.
N/A
As needed. Retain records of mortality management.
Records documenting overflows from structures or discharges to surface waters of the state.
N/A
As needed. Retain records of any overflows or discharges.
Land application records of manure and inorganic fertilizer.
Tons, gallons, pounds per acre
As needed. Retain required records on a field by field basis.
Methods and protocols used to monitor and analyze soil, manure, litter, compost, and process wastewater.
N/A
One-time, unless procedure changes. Retain description of monitoring protocols and any deviations from protocol. Provide parameters tested and methods used.
Results from monitoring.
PPM, mg/l, lbs/acre, etc.
As needed. Retain all monitoring results from lab reports.
Expected and actual crop yields.
Bu/acre, cwt/acre, tons/acre
As needed. Retain yield estimates and actual crop yields.
Records of basis for determining application rates.
N/A
As needed. Retain basis and calculations for application rate determination
Provide calculations showing nitrogen and phosphorus applied for all sources and actual amount of nitrogen and phosphorus applied to each field.
Pounds/acre
As needed. Retain calculations showing the amount of nutrients land applied. Retain actual amount of nutrients applied.
Methods used to apply manure, litter, compost, or process wastewater.
N/A
As needed. Retain records showing methods of applications including equipment, timing, etc.
Dates of manure application equipment inspections and calibrations.
N/A
As needed. Retain dates of inspections and calibration.
Records documenting corrective actions resulting from producer inspections, measurements, and observations of facilities and practices.
N/A
As needed. Retain documentation of corrective actions taken to resolve problems observed during self-inspections.
Records documenting adequate design treatment, storage, etc. from storage and treatment structures.
N/A
One-time. Retain records of storage structures.
15. NMP retention.
N/A
One-time. Retain current version of NMP on site.
16. NOI retention.
N/A
One-time. Retain copy of NOI submitted to DWQ.
17. Annual report retention.
N/A
Annual. Retain copies of annual reports submitted to DWQ.
XIII.STANDARD PERMIT CONDITIONS
A.General Conditions
1.Duty to Comply: The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
2.Planned Changes: The permittee shall give notice to the DWQas soon as possible of any planned physical alterations or NMP changes.
3.Permit Actions: This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
4.Duty to Reapply: If the permittee is required to continue coverage under this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit
according to Utah Admin. Code R317-8-10.
5.Property Rights: The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State/Tribal or local laws or regulations.
6.Duty to Provide Information: The permittee shall furnish to DWQ within deadlines provided by the Director or if no deadline is given, within a reasonable time, any information which
DWQ may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall
also furnish to the Director, upon request, copies of records required to be kept by this permit.

7.Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Any false or materially misleading
representation or concealment of information required to be reported by the provisions of the permit, the Act, or applicable regulations, which avoids or effectively defeats the regulatory
purpose of the permit may subject the permittee to criminal enforcement pursuant to Utah Code § 19-5 et seq.
8.State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties
established pursuant to any applicable State/Tribal law or regulation under authority preserved by Section 510 of the Act.
9.Severability: The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid,
the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
10.Duty to Mitigate: The permittee shall take all reasonable steps to minimize or prevent any discharge or disposal in violation of this permit which has a reasonable likelihood of
adversely affecting human health or the environment.
11.Need to Halt or Reduce Activity not a Defense: It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this permit.
12.Bypass: Bypass discharges are prohibited and enforcement action may be pursued by the Director unless the permittee complies with the requirements in Utah Admin. Code R317-8-4.1(13)
13.Upset: When a permittee believes that an upset discharge has occurred, the permittee may claim the discharge was an upset incident. The requirements in Utah Admin. Code R317-8-4.1(14)
must be followed to allow the permittee an affirmative defense for permit non-compliance.
14.Anticipated Noncompliance: The permittee shall give advance notice to the Director regarding any planned changes in the permitted facility or activity which may result in noncompliance
withpermit requirements. Also, the permittee shall give advance notice to the division of any anticipated noncompliance, including discharge, regardless of the cause of the potential
noncompliance.
Reopener Provision: At any time during the duration of this general permit, this permitmay be reopened and modified (following proper administrative procedures) per Utah Admin. Code
R317-8, toincludeany applicable provisions and requirements under Utah Admin. Code R317-8 and Utah statute.
Penalties for Falsification of Reports: The Act provides that any person who knowingly makes anyfalse statement, representation, or certification in any record or other document submitted
orrequired to be maintained under this permit, including monitoring reports, annual reports, or other reports of compliance ornoncompliance shall, upon conviction be punished by a fine
of not more than $10,000 perviolation, or by imprisonment for not more than six months per violation, or by both.
Proper Operation and Maintenance: The permittee shall, at all times, properly operate and maintain all facilities and systems of containment, treatment, and control (and related appurtenances)
which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes, the operation of backup or auxiliary
facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
Representative Sampling: Samples and measurements taken in compliance with this permit shall be representative of the monitored activity.This includes, but is not limited to: soil sampling,
manure sampling, process wastewater sampling, litter sampling, rain gauge measurements, and storage pond freeboard readings.
Penalties for Tampering: The Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under
this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both.
Retention of Records: The permittee shall retain sampling results, records, forms, reports, etc. required for permit compliance for a period of at least five years from the date of
the record’s creation.
Signatory Requirements: All applications, reports or information submitted to the Director shall be signed and certified in accordance with the following criteria:
All permit applications shall be signed:
for a corporation, by a responsible corporate officer as defined in Utah Admin. Code R317-8-3(3.4)(1)(a);
for a partnership or sole proprietorship, by a general partner or the proprietor, respectively;
for a municipality, State, Federal, or other public agency, by either a principal executive officer or ranking elected official.
All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person.
A person is a duly authorized representative only if:
i.The authorization is made in writing by a person described above and submitted to the Director, and,
ii.The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent,
position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the facility.
iii.If an authorization is no longer valid because a different individual or position has responsibility for the overall operation of the facility, a new authorization must be submitted
to the Director prior to, or together with, any reports, information, or applications to be signed by an authorized representative.
Any person signing a document under this section shall make the following certification:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including
the possibility of fine and imprisonment for knowing violations.”
XIV. DEFINITIONS
1.“25-year, 24-hour storm event” means the 25-year, 24-hour storm event defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service. NOAA publishes
25-year, 24-hour storm values for Utah which can be found at:https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=ut
2.“100-year, 24-hour storm event” means the 100-year, 24-hour storm event defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service. NOAA publishes
100-year, 24-hour storm values for Utah which can be found at:https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=ut
3.“Act” means the Utah Water Quality Act as amended, found in
Title 19, Chapter 5, of the Utah Code.
4.“Agriculture discharge” means
the release of agriculture water from the property of a farm, ranch, or feedlot that:
pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, and other water conveyances system of the state;
pollutes the ground water of the state; or
constitutes a significant nuisance on urban land; and

but does not include:
runoff from a farm, ranch, or feedlot or return flows from irrigated fields onto land that is not part of a body or water; or
a release into a normally dry water conveyance to an active body of water, unless the release reaches the water of a lake, pond, stream, marshland, river, or other active body of a water.
5.“Agriculture water” means
a.water used by a farmer, rancher, or feedlot for the production of food, fiber, or fuel;
b.return flows from irrigated agriculture; and
agricultural storm water runoff.
6.“Animal feeding operation” means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:
a.animals have been, are, or will be stabled, housed, or confined and fed or maintained for a total of 45 days or more in any 12-month period, b.crops, vegetation, forage growth, or
post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility, and
c.two or more AFOs under common ownership are considered to be a single AFO if they adjoin each other or if they use a common area or system for the storage or disposal of waste.
7.“Best management practices” (BMPs) means schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution
of surface waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control facility site runoff, spillage or leaks, sludge or waste disposal,
or drainage from raw material storage.
8.“BOD5” means 5-day biochemical oxygen demand.
9.“Concentrated animal feeding operation (CAFO)” means:
a.an AFO which is a Large CAFO; or
b.an AFO that is a Medium CAFO;or
c.an AFO that is designated as a CAFO.
10.“Director” means the Director of the Utah Division of Water Quality.
11."Discharge"has the same meaning as “Discharge of a Pollutant” in Utah Admin. CodeR317-8-1.5, except that for purposes of this permit, “discharge” shall refer only to the addition
of pollutants to “surface waters of the state”.
12.“DWQ” means the Utah Division of Water Quality.
13.“EPA” means United States Environmental Protection Agency, Region XIII.
14.“Freeboard” means the vertical distance measured from the liquid surface level (elevation) in an impoundment, basin, or tank to the top elevation of the impoundment, basin, or tank
(for example, berm or wall).
15.“GRAMA” means Government Records Access and Management Act.
16.“Integrator facility” means an AFO or a CAFO where the owner of the facility contracts to produce animals for another entity, where the contractor (non-facility owner)has significant
operational control and decision-making authority for the facility, such as; providing feed, owning the animals, the processing of slaughtered animals, and the marketing of animals produced
at the integrator facility.17.“Irrigation Water Management Plan” is a plan to provide proper protocols and practices to optimize water use on crop fields to minimize transport of pollutants
in the soil profile and reduce sediment and contaminated runoff from fields, based on conditions and requirements in the most current practice standard of NRCS Conservation Practice
Standard 449, Irrigation Water Management.18.“Land application” means the application of manure, litter, compost, process wastewater, chemical fertilizer, or other sources of nitrogen
and phosphorus nutrients on to or into the soil where crops or pasture will grow and be harvested.
19.“Land application area” means land under the control of an CAFO owner or operator, whether it is owned, rented, or leased, to which manure, litter, compost, or process wastewater
from the production area is or may be applied.
20.“Large weather event (LWE)” for the purposes of this permit and Utah Code §19-5-105.5(3)(b)(iii) means a single event or a series of precipitation events that:
a. occurs in a manner that does not allow a CAFO to appropriately dewater wastewater storage, treatment, or containment structures; andb. meets one of the following criteria:
i. any precipitation, including snow, that yields a precipitation amountgreater than the waste storage facility’s design storage volume during the period of minimum storage,as required
in the USDA-NRCS (313)Waste Storage Facility Conservation Practice Standardand the facility’s current nutrient management plan approved by a NRCS certified planner;
ii. any precipitation, including snow, received at aCAFO during a consecutive 15-day period where at least the equivalent amount of precipitation received is equal to:
a. a 100-year, 24-hour storm event for the area for a poultry, swine, or veal CAFO; orb. 110% ofa 25-year, 24-hour storm event for the area for any other CAFO;iii. rapid snow or ice
melt, or rain on frozen ground at aCAFO, that occurs during a 7-day period which results in the runoff of a volume of water equivalent to (ii)(a) or (b), respectively; or
iv.the precipitation amount of (i) or (ii.b) above is received at any permittedCAFO, including a poultry, swine, or veal CAFO, and the CAFO meets the requirements in PartIX.A.10 for
proper soil saturation management and measurement.
21.“Liquid manure handling system” means a system that collects and transports or moves waste material with the use of water, such as in washing of pens and flushing of confinement facilities.
This would include the use of water impoundments for manure and/or wastewater treatment.
22.“Manure” means manure, litter, bedding, compost and raw materials or other materials commingled with manure or set aside for land application, disposal, or other use.
23.“Notice of Intent (NOI)”means a form submitted by the owner/operator applying for coverage under a general permit.
24.“Process wastewater” means water directly or indirectly used in the operation of the AFO for any or all of the following: spillage or overflow from animal or poultry watering systems;
washing, cleaning, or flushing pens, barns, manure pits, or other AFO facilities; direct contact swimming, washing, or spray cooling of animals; or dust control. Process wastewater
also includes pen and corral runoff, and any water which comes into contact with or is a constituent of raw materials, finished products, other waste products, or byproducts including
manure, litter, feed, compost, milk, eggs, bedding.
25.“Production area” means that part of an AFO that includes the animal confinement area, the manure storage area, the raw materials storage area, compost treatment and storage area,
and the waste containment areas. The animal containment area includes but is not limited to open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms,
milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes but is not limited to lagoons, runoff ponds, storage sheds,
stockpiles, under house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes but is not limited to feed silos, silage bunkers,
and bedding materials. The waste containment area includes but is not limited to settling basins, and areas within berms and diversions which separate uncontaminated storm water. Also
included in the definition of production area is any egg washing or egg processing facility, and any area used in the storage, handling, treatment, or disposal of mortalities.
26.“Reasonable measures” for purposes of Utah Code §19-5-105.5(3)(b)(iii) and this permit mean the measures described in Utah Admin. Code R317-8-10.
27.“Saturated Soils” for purposes of CAFO Permit Part VI.A.2, are crop field soils at a CAFO that have one of the following conditions:a.The top four inches of the soil in the field

are saturated; or
b.The top eight inches of the soil in the field are at 80% or greater of field capacity.
28.“Setback” means a specified distance from potential conduits to surface and ground waters where manure, litter, and process wastewater may not be applied. Examples of these conduits
and actual waters include; sloughs, agricultural or drinking water source wellheads, springs, open tile drains, sinkholes, wetlands, washes, irrigation drainage ditches, etc.
29.“Small AFO” means a lot or facility that is an AFO that stables, houses, or confines the type and number of animals that fall within any of these ranges:
a.Beef, calves, heifers, and/or veal 1-299
b.Cows (milking and dry) 1-199
c.Layers, broilers (wet system) 1-8,999
d.Other than layers (dry system) 1-37,499
e.Layers (dry system) 1-24,999
f.Turkeys 1-16,499
g.Swine (55 pounds or more) 1-749
h.Swine (less than 55 pounds) 1-2,999
i.Sheep 1-2,999
j.Horses 1-149
k.Ducks (dry system) 1-9,999
l.Ducks (wet system) 1-1,499
30.“Surface Waters of the State” for purposes under Utah Admin. Code R317-8-10 and this permit means waters of the state, as defined below, that are not ground water, except ground water
that has hydrologic connection to surface waters of the state.
“Waters of the State” means all streams, lakes, ponds, marshes,watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of
water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this State and does not include bodies of water confined
to and retained within the limits of private property, and which do not develop into or constitute anuisance, a public health hazard or a menace to fish and wildlife. 31.“UMARI” means
Utah Manure Application Risk Index which is used to determine nutrient application restrictions and setbacks for a given crop field.32.“UDEQ” means the Utah Department of Environmental
Quality
33.“Upset” means an exception event, which is not precipitation-related, in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations
because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 34.“Vegetative Buffer” means a narrow, permanent strip of dense perennial vegetation
established parallel to the contours of the slope of the field for the purposes of slowing runoff, enhancing water infiltration, catching solid particles, and minimizing the risk of
nutrients from leaving the field and reaching surface waters of the state.