DWQ-2024-008019

FACT SHEET AND STATEMENT OF BASIS

GENERAL PERMIT FOR DISCHARGES FROM
CONCENTRATED ANIMAL FEEDING OPERATIONS

UPDES PERMIT NUMBER UTG080000

GENERAL PERMIT REISSUE

INTRODUCTION AND BACKGROUND

In 2003, the Environmental Protection Agency (EPA) issued the federal CAFO Rule. The rule was taken to court by farm industry groups and environmental groups. In February 2005, the
Second Circuit Court ruled on the petitions of the 2003 rule. As a result of the Second Circuit Court ruling, EPA was required to amend the 2003 rule. In 2008, EPA issued a final rule
to follow the 2005 Second Circuit Court decision. The CAFO Rule again was taken to court when industry groups took elements of the 2008 CAFO rule to the Fifth Circuit Court. In July
2012, EPA issued a final rule to implement the Fifth Circuit Court decision. The most significant result of the court proceedings was that only discharging CAFOs, regardless of the
storm event size, require a National Pollutant Discharge Elimination System (NPDES) CAFO permit.

APPROPRIATENESS OF THE GENERAL PERMIT

The Division of Water Quality (DWQ) is authorized by EPA to implement Clean Water Act, including the NPDES CAFO Program, which is referred to as the UPDES permit and program in Utah.
As such, DWQ implements the federal CAFO requirements in the state through the CAFO permit. In July 2013, DWQ enacted Utah Admin. Code R317-8-10 that reflects the federal CAFO requirements.
On December 17, 2019, DWQ issued the CAFO General permit, which is set to expire at midnight on December 16, 2024 and is planned to be reissued on December 17, 2024.

The new CAFO permit will comply with state and federal CAFO requirements for those facilities that require a permit. Utah Admin. Code R317-8-2.5 and R317-8-10 authorize the issuance
of this general permit. The purpose of this permit is to protect water quality from potential pollution sources resulting from the operation of CAFOs in the state, except any CAFOs
located on Indian lands.

CAFO GENERAL PERMIT REQUIREMENT

Permit coverage is required for animal production facilities that are animal feeding operations (AFOs) and are: 1) large CAFOs that discharge, 2) medium CAFOs, or 3) small or medium
AFOs that are designated CAFOs. In addition, large CAFOs that discharge storm water to surface waters of the state from land application areas may require a permit. Illegally discharging
non-traditional AFOs such as emu, mink, ostrich, bison, elk, deer, etc. will require a CAFO permit if DWQ determines, based on best professional judgement, that a facility contributes
pollutants to a water of the State. In addition, AFOs and CAFOs not required to obtain the permit may voluntarily obtain permit coverage.

Land Application Area Discharges

All large CAFOs, permitted and un-permitted, are subject to the requirements of 40 CFR §122.23(e) and 40 CFR §122.42(e) where storm water from land application areas discharge to surface
waters of the state. Storm water runoff to surface waters of the state from land application areas without proper nutrient management per 40 CFR §122.23(e) and §122.42(e)(1)(vi)-(ix)
will require the CAFO permit or an UPDES Storm Water permit.

AFO and CAFO Facility Definitions

“Animal feeding operation” means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

1. 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,

2. 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

3. 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.

“Large CAFO” means an AFO that stables, houses, or confines the type and number of animals that fall within any of these ranges:

1. Beef, calves, heifers, and/or veal 1,000 or more
2. Cows (milking and dry) 700 or more
3. Layers, broiler (wet system) 30,000 or more
4. Chickens other than layers (dry system) 125,000 or more
5. Layers (dry system) 82,000 or more
6. Turkeys 55,000 or more
7. Swine (55 pounds or more) 2,500 or more
8. Swine (less than 55 pounds) 10,000 or more
9. Sheep and lambs 10,000 or more
10. Horses 500 or more
11. Ducks (dry system) 30,000 or more
12. Ducks (wet system) 5,000 or more

“Medium 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:

1. Beef, calves, heifers, and/or veal 300-999
2. Cows (milking and dry) 200-699
3. Layers, broiler (wet system) 9,000-29,999
4. Chickens other than layers (dry system) 37,500-124,999
5. Layers (dry system) 25,000-81,999
6. Turkeys 16,500-54,999
7. Swine (55 pounds or more) 750-2,499
8. Swine (less than 55 pounds) 3,000-9,999
9. Sheep and lambs 3,000-9,999
10. Horses 150-499
11. Ducks (dry system) 10,000-29,999
12. Ducks (wet system) 1,500-4,999

“Medium CAFO” means a Medium AFO where the conditions specified in 40 CFR §122.23(b)(6)(ii) are met. These conditions are:

1. Pollutants are discharged into surface waters of state through a man-made ditch, flushing system, or other similar man-made device; or

2. Pollutants are discharged directly into surface waters of the state which originate outside of and pass over, across, or through the facility or otherwise come into direct contact
with the animals confined in the operation.

“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. Only small or
medium AFOs that discharge can be designated as a CAFO for discharges and other conditions that warrant designation as a CAFO.

CAFO PERMIT APPLICATION

In order to obtain the CAFO permit, facilities must submit the permit application. The CAFO permit application consists of:

1. A completed notice of intent (NOI) form;

2. A Natural Resources Conservation Service (NRCS) certified planner approved nutrient management plan (NMP); and

3. The annual permit fee.

Sometime after permit issuance, NPDES eReporting Tool (NeT) will be available in Utah. Once NeTCAFO is operational, operators will be required to submit their NOIs and NMPs in NeT unless
a waiver is obtained. NeT is an EPA NPDES permit database and reporting system that EPA requires states to utilize for permit tracking and permit compliance.

Notice of Intent and Nutrient Management Plan Submission

A NOI may be obtained on the DWQ website at: https://lf-public.deq.utah.gov/WebLink/DocView.aspx?id=436076&eqdocs=DWQ-2019-019270
The form must be completed and signed by the operator or owner of the facility, or other person authorized to sign the NOI. Once NeTCAFO is operational, NOIs will be electronically
entered into NeTCAFO, unless a waiver is obtained.

The NMP submitted must be approved by a NRCS certified planner. In addition, DWQ must approve the NMP prior to permit coverage for the facility. If deficiencies are found following
DWQ’s review of the NMP, DWQ will notify the producer that the NMP requires revision. The producer will be given a specific amount of time to correct any deficiencies in the NMP. Also,

once established in Utah, NMPs will be submitted in NeT. Until NeTCAFO is available, the NOI, and NMP, must be submitted to:

Utah Division of Water Quality
CAFO Program Coordinator
195 North 1950 West
P.O. Box 144870
Salt Lake City, UT 84114-4870

or emailed to:

[e-mail]

Waiver to Submit Paper or Electronic NOI

A waiver to allow submission of a paper or electronic NOI may be obtained based on one of the following conditions:

1. Your 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

2. You have limitations regarding available computer access or computer
capability.

A request for a waiver from the requirement to submit NOIs in NeTCAFO should be made in writing, identify which condition above qualifies you for a waiver, be properly signed according
with the requirements of Part XIII.A.21.a, and be mailed to the address below. 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 from https://lf-public.deq.utah.gov/WebLink/DocView.aspx?id=436076&eqdocs=DWQ-2019-019270 filled out and mailed with the permit fee, to:

Utah Division of Water Quality
CAFO Program Coordinator
195 North 1950 West
P.O. Box 144870
Salt Lake City, UT 84114-4870

Permit Application Public Notice and Issuance

Once the application is approved by DWQ, the NOI and NMP will be public noticed on the DWQ website https://deq.utah.gov/public-notices-archive/water-quality-public-notices, for a thirty
day period to receive public comment on the NMP. Once permit issuance is approved by DWQ, the permittee will be assigned a permit number and notified of permit coverage. Once permit
coverage is issued, the facility is responsible for compliance to the permit and all its requirements.

Annual Permit Fee

Coverage under this permit requires submission of the permit fee to the Utah Division of
Water Quality. Annual permit fee payments will follow the Utah Department of Environmental Quality Permit Fee Schedule. Permit fees 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. In the
future fee payments can be made through NeTCAFO when the NPDES eReporting Tool (NeT) is available in Utah.

1. Until NeT is available submit the NOI, certified planner approved NMP, and permit fee by the required deadline to:

Utah Division of Water Quality
CAFO Program Coordinator
195 North 1950 West
P.O. Box 144870
Salt Lake City, UT 84114-4870

or email to:

[e-mail]

2. Checks can be mailed or paid in person at the DWQ office. Checks should be made out to the Division of Water Quality.

3. 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.

4. For questions or assistance regarding the permit fee payment, please contact DWQ’s CAFO Program Coordinator or Division financial personnel at [phone].

PERMIT APPLICATION DEADLINES

Please see Utah Administrative Code R317-8-10.4.

Un-Permitted Existing AFOs and CAFOs

An existing AFO or CAFO, in operation prior to April 14, 2003, that has an operational change or discharge or that results in a requirement to obtain a UPDES CAFO permit, shall submit
an application no less than 90 days after the time the facility has conditions that require permit coverage.

Permitted CAFOs

No less than 180 days before the expiration of a permit, or as provided by the Director, a permitted CAFO that requires continued permit coverage must submit an application to renew
its permit.

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.

Designated CAFOs or 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.

CAFOs Voluntarily Obtaining Permit Coverage

AFOs or CAFOs that do not require permit coverage may submit an NOI and NMP at any time to obtain permit coverage under the general permit or an individual permit.

CIVIL PENALTY EXEMPTIONS FOR LARGE WEATHER EVENT DISCHARGES

When a permitted CAFO has a large weather event discharge, as defined, it is exempt from the imposition of a financial penalty in any civil enforcement action.

EFFLUENT LIMITATIONS GUILDELINES (ELGs) AND BEST MANAGEMENT PRACITCES (BMPs)

Compliance to State Water Quality Standards by All CAFOs

All facilities are required to comply with the narrative and numeric water quality standards in Utah Admin. Code R317-2-7.1, R317-2-14, and R317-2-7.2.

Production Area ELGs for all CAFOs, Except New Poultry, Swine, and Veal

No discharges of manure, litter, compost, wastewater, or other pollutants are allowed except from a permit compliant facility. The production area must be properly designed, constructed,
operated, and maintained to prevent discharge of pollutants to surface waters of the state up to a 25-year, 24-hour storm event. Waste containment structures must be properly managed
to maintain freeboard for the 25-year, 24-hour storm event. The permittee is required to manage the production area such that the facility complies with permit requirements, permit
BMPs, and the NMP developed for the facility.

Production Area ELGs for all New Source Poultry, Swine, and Veal (commencing operation after 12/4/08)

No discharges of manure, litter, compost, wastewater, or other pollutants are allowed. New source poultry, swine, and veal CAFOs must demonstrate that they have designed their open
containment systems to comply with the no discharge requirement of the federal rule through the use of the most recent version of NRCS Animal Waste Management (AWM) software or equivalent,

and the most recent version of NRCS Soil Plant Air Water (SPAW) Hydrology Tool or an equivalent model.

Land Application Area Effluent Limitations and Standards for All CAFOs, Including Un-permitted Large CAFOs

There shall be no discharge of pollutants to surface waters of the state from land application areas except where it is a proper agricultural storm water discharge or a return flow from
irrigated agriculture. Land application to saturated, frozen, or snow-covered ground is prohibited unless according to requirements in NRCS Practice 590, Nutrient Management and the
Utah Manure Application Risk Index (UMARI). All permitted CAFOs must land apply manure, litter, compost, wastewater, or other nutrients according NRCS Practice 590 and 40 CFR §122.42(e)(1)(vi)-(viii).

Duck CAFOs

Any duck CAFOs must comply with the Fecal coliform and Biological Oxygen Demand (BOD5) effluent limitations established by the best practicable control technology (BPT) in 40 CFR §412.22.

Other CAFOs

Any non-traditional AFOs such 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 and standards of all operations (except poultry, swine, and veal), land application requirements and other requirements of the permit.

Production Area Best Management Practices and Prohibitions Applicable to all CAFOs

All CAFOs must do the following:

1. Perform weekly visual inspections of waste structures;
2. Perform daily visual inspections of water lines;
3. Install depth markers in waste storage structures;
4. Perform weekly inspections of impoundments and tanks;
5. Correct deficiencies found during inspections;
6. Maintain proper freeboard;
7. Maintain records required to document compliance to the BMPs;
8. Prevent 100-year flood event inundation and flow into the production area; and
9. Prevent discharge of pollutants into groundwater with hydrologic connection to surface waters of the state.

NUTRIENT MANAGEMENT PLAN CONTENT AND REQUIREMENTS

A nutrient management plan is required by permitted CAFOs per 40 CFR §122.23(h) and 122.42 (e). NMPs must follow all applicable NRCS practices pertaining to NMP and permit requirements.
Compliance to the NRCS Practice 590, Nutrient Management, is required for all CAFOs. Specific NMP content and provisions are provided below.

Required NMP Content

The following is required for all NMPs:

1. Ensure adequate storage of manure and process wastewater, including procedures to ensure proper operation and maintenance of the impoundments and structures.
2. 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.
3. Ensure that clean water is diverted, as appropriate, from the production area.
4. Prevent direct contact of confined animals with surface waters.
5. 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.
6. Identify site-specific conservation practices that will be implemented, including as appropriate, buffers or equivalent practices, to control runoff of pollutants to surface water.
Depending on proximity to surface waters or wells, required setbacks may need to be established in the NMP.
7. Identify the protocols for appropriate sampling and testing manure, process wastewater, and soil.
8. 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.
9. Identify specific records that will be maintained to document the implementation and management of the minimum NMP elements.
10. For large weather event penalty exemption for discharges from fields with saturated soils must have a NMP, irrigation water management plan, and monitor soil saturation daily prior
to any large weather event discharge.

Required NMP Planning Approach

The federal CAFO Rule provides two types of NMP planning approaches; linear and narrative. DWQ recommends utilizing the narrative approach because it provides greater flexibility in
nutrient management planning. The requirements for the narrative rate approach are outlined in the permit and this fact sheet. For any CAFO that selects the linear approach, guidelines
are found in 40 CFR §122.42(e)(5)(i).

Required Nutrient Management Plan Content that are Permit Terms

Certain NMP terms are required to be incorporated into the permit as permit conditions. These NMP elements must be public noticed as part of the permit upon permit issuance and any
permit modifications. Required permit elements are outlined in the permit, Parts IX and X.

CHANGES TO NUTRIENT MANAGEMENT PLANS

Nutrient management plans must be revised when needed. CAFOs must implement a NMP that reflects current practices, facilities, and conditions at the CAFO. Certain NMP changes will
require public notice and permit modification since certain NMP requirements are permit conditions per federal rule.

Notification Requirement

When a CAFO makes changes to an approved NMP, the CAFO owner or operator must notify DWQ of the changes. Certain NMP changes require public notice for comment while some changes will
require permit modification. DWQ will notify the CAFO when a public notice or permit modification is required. When required, DWQ will post proposed NMP changes on the UDEQ website
for 30 days to receive public comment on the changes.

Permit Modification Requirement

For substantial changes to the terms of the NMP, a permit modification is required since certain NMP terms are incorporated into the permit as permit requirements. DWQ will notify the
CAFO when a permit modification is needed. Specific NMP content changes that require permit modification are found in Part X of the permit.

OTHER PERMIT REQUIREMENTS

Transfer of Manure, Litter, Compost, and Process Wastewater to Other Persons

When manure is sold, traded, or given away, the permittee must:

1. Maintain records of the date and amount of manure, litter, compost, and wastewater that leave the operation on an annual basis;

2. Record the name and address of the recipient;

3. Provide the recipient with representative information on phosphorus and nitrogen content; and

4. Retain the records for five years.

Annual Report Requirements

Prior to April first 1st of each year, an annual report must be submitted to DWQ by each CAFO. The annual report must report the following information:

1. All discharges and instances of noncompliance, including those discharges required to be reported within 24 hours;

2. The number and type of animals, whether in open confinement or housed under roof;

3. Estimated amount of total manure, litter, compost and process wastewater generated by the CAFO in the previous 12 months (tons/gallons);

4. Estimated amount of total manure, litter, compost and process wastewater transferred to other persons by the CAFO in the previous 12 months (tons/gallons);

5. Total number of acres for land application covered by the NMP;

6. 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;

7. A summary of all discharges from the production area that occurred during the year;

8. A statement indicating whether the current version of the CAFO’s NMP was approved by a certified nutrient management planner; and

9. The following nutrient management planning information:

a. the actual crop(s) planted and actual yield(s) for each field;
b. the actual nitrogen and phosphorus content of the manure, litter, compost, and process wastewater;
c. the results of the calculations conducted in accordance with the Narrative Rate Approach;
d. the amount of manure, litter, compost, and process wastewater applied to each field during the previous 12-months;
e. for CAFOs utilizing the Narrative Rate Approach, the following information must be included in the annual report:

i. the results of any soil testing for nitrogen and phosphorus taken during the preceding 12 months,
ii. 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
iii. the amount of any supplemental fertilizer applied during the previous 12 months.

10. A signed certification statement.

Facility Closure

CAFOs must properly close waste storage facilities and the CAFO so that discharges will not occur. CAFOs must follow NRCS Practice Standard 360 for facility closure.

Emergency Spill and Discharge Response Plan

The permit requires CAFOs to 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. The Emergency Spill and Discharge Response Plan outlines what will be done to address discharges from a CAFO.

Required Discharge and Noncompliance Reporting

When a discharge to surface waters of the state occurs or other release, the permittee must report the discharge to DWQ:

1. All discharges and noncompliance must be reported within 24-hours to DWQ and the AFO/CAFO Program Coordinator [phone], unless the discharge is a threat to the environment or
threatens human health. In any case of threat to the environment or human health, DWQ must be immediately notified, if possible, by calling the DEQ Emergency Reporting Line at (801)
536-4123.

2. In addition, a written report shall be provided within five days of the time that the permittee becomes aware of the discharge.

a. 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 [e-mail]

Soil Saturation Monitoring and Recordkeeping for the Large Weather Event Discharge Penalty Exemption

1. On a daily basis the permittee shall monitor soil saturation in crop fields that have potential to discharge to waters of the State. The permittee shall follow the practices and
procedures in the NMP and irrigation water management (IWM) plan.

2. On a daily basis the permittee shall record soil saturation percent from four inches and eight inches in soil depth.

3. The permittee shall maintain and retain records from soil monitoring for the term of permit coverage.

GENERAL INSPECTION, MONITORING, AND RECORDKEEPING REQUIREMENTS

Facility and Records Access

The permittee shall allow DWQ, or authorized representative of DWQ, upon presentation of credentials and other documents required by law, access to the facility and relevant records.

Required Records for Permit Compliance

Specific records that must be maintained onsite and other recordkeeping requirements are
Included in Part XII.C and D of the permit.

STANDARD PERMIT CONDITIONS

These permit conditions are common to most, if not all, UPDES general permits. Please refer to the permit to review these conditions.

SIGNIFICANT CHANGES FROM PREVIOUS PERMIT ISSUED IN 2019

The changes in the new 2024 permit include: clarifications of content meaning, several new definitions, updated timeframes, reference changes for state CAFO rule citations, and updated
information which does not, or minimally affects, permit requirements and conditions. However, there are significant changes which will affect CAFO producers.

Significant Changes to the CAFO permit

Part III.A.4
The application deadlines were updated to conform to Utah Admin. Code R317-8-10 by including April 14, 2003 as the correct date to determine whether a CAFO constitutes an existing, new,
or new source CAFO.

2. Part III.B.
The condition that operators which fail to pay their annual permit fee will be terminated from permit coverage was added to the permit. This has historically been DWQ policy, but now
will be included in the permit. Permit fees can be paid in NeTCAFO once available in Utah.

2. Part III.C.
The permit requires CAFOs to electronically enter NOIs in NeT CAFO once it is available in Utah. However, a new permit condition states that a waiver from utilizing NeTCAFO may be obtained
for CAFOs with limited computer access. The process for a waiver approval is included in the permit.

3. Part VI.A.2.
A new condition was added to the large weather event penalty exemption to allow discharges to waters of the State from fields with saturated soils. The discharge conditions are:

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 saturated soils are 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.

4. Part VII.D.1.
The land application area effluent limitations and standards was edited.

For all permitted CAFOs, 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 or a return flow from irrigated agriculture, as provided in the Clean Water Act.

5. Part VII.D.1.b
Permitted CAFOs seeking the large weather event penalty exemption for discharges from fields with saturated soils will need to follow the procedures and practices of proper water
management and the saturated soil monitoring requirements in Parts VI.A.2 and IX.A.10 of the permit.

6. Part IX.A.10.
The practices and methods required for the large weather event penalty exemption for discharges from fields with saturated soils include:

a. implementation of an irrigation water management plan (IWM) according to requirements in NRCS Practice Standard 449, Irrigation Water Management;

b. the IWM shall be included in the NMP and updated as needed;

c. the IWM shall identify the practices, methods, equipment, monitoring, and recordkeeping requirements to measure and demonstrate accurate soil saturation measurements and results;

d. the IWM shall be reviewed by IWM;

e. the IWM must have been approved by DWQ for the large weather exemption; and

f. the CAFO shall monitor and record soil saturation per Parts XI.F and XII.D.1.

7. Part XI.F.
The monitoring and recordkeeping requirements for the large weather event on saturated soils include:

a. daily monitoring for soil saturation according to the NMP and IWM;

b. daily recordkeeping of monitoring results at 4 inches and 8 inches of soil depth; and

c. record maintenance for the term of the permit.

8. Part XII.C.
Soil saturation recordkeeping was added as a requirement for CAFOs who may seek the large weather event penalty fee exemption.

9. Part XII.D.
The recordkeeping tables were updated to include frequency of soil saturation monitoring.

10. Part XIII.A.14.
Added the requirement that permittees must notify the division of any anticipated noncompliance, regardless of the cause of the potential noncompliance. Regardless of the cause of potential
noncompliance was added for clarification of the requirement.

11. Definitions.

a. An Irrigation Water Management Plan definition was added to the permit as part of the conditions of field discharge from fields with saturated soils under the large weather event
definition.

“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.

b. The Large Weather Event definition was changed to include:

i. precipitation volumes greater than waste storage facility’s design capacity during the period of minimum storage per USDA NRCS Standard Practice 313, Waste Storage Facility;
ii. expands the number of days during a storm event to 15 days and lowers the precipitation amount to 110% of a 25-year, 24-hour storm event; and
iii. added conditions to allow penalty free discharge from saturated fields.

“Large weather event” 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; and

b. meets one of the following criteria:

i. any precipitation, including snow, that yields a precipitation amount greater 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 Standard and the facility’s current nutrient management plan approved by a NRCS certified planner;

ii. any precipitation, including snow, received at a CAFO 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; or
b. 110% of a 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 a CAFO, 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 permitted CAFO, including a poultry, swine, or veal CAFO, and the CAFO meets the requirements in Part IX.A.10 for
proper soil saturation management and measurement.

c. A Saturated Soils definition was added to allow penalty free discharges under the large weather event definition.

“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.

PERMIT DURATION

This permit is scheduled to be effective for five (5) years from date of permit issuance, unless administratively extended by the Director at the end of the permit term.

PUBLIC NOTICE INFORMATION

Began: 11/15/24
Ended: 12/16/24
Public Notice Publication: Utah’s Public Notice website and DWQ’s Public Notice website.

Comments will be received at: 195 North 1950 West
PO Box 144870
Salt Lake City, UT 84114-4870

or

[e-mail]

During the public comment period provided under R317-8-6.5, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has
already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments will be considered
in making the final decision and shall be answered as provided in R317-8-6.12

CAFO PERMIT DRAFTED BY

The permit was prepared on date 8/19/24 by Don Hall, CAFO Program Coordinator, Utah Division of Water Quality, [phone], [e-mail].

The permit was also prepared and reviewed by:

Jeanne Riley, General Permitting Section Manager
Liz Harris, Assistant Attorney General

The permit has been prepared in compliance to the federal CAFO rule in 40 CFR and the state CAFO rule in Utah Admin. Code R317-8-10. The permit was submitted to Environmental Protection
Agency, Region 8, for review on 10/1/24.

PUBLIC NOTICE QUESTIONS AND ASSISTANCE

For questions regarding the permit or this fact sheet or assistance with making public comment, please contact the CAFO Program Coordinator shown above.

CAFO General Permit, UTG080000
Fact Sheet and Statement of Basis

11

Official Draft Public Notice Version November 15, 2024
The findings, determinations, and assertions contained in this document are not final and subject to change following the public comment period.