Section 3 State Permit Program

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Under both federal and state law, confined animal feeding operations (CAFOs) are included in the definition of “point source.” 33 U.S.C. § 1362(14); § 644.016(25), RSMo 2000; see also Concerned Area Residents for the Env’t v. Southview Farm, 34 F.3d 114 (2^nd Cir. 1994); Carr v. Alta Verde Indus., Inc., 931 F.2d 1055 (5^th Cir. 1991). MoDNR has generally adopted the federal regulations governing CAFOs found at 40 C.F.R. pt. 122.

Missouri defines CAFO as:

An operating location where animals have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve (12)-month period, and a ground cover of vegetation is not sustained over at least fifty percent (50%) of the animal confinement area and meets one 1 of the following criteria:

1. Class I operation; or
2. Class II operation that discharges through a man-made conveyance or where pollutants are discharged directly into waters of the state which originate outside of and pass over, across or through the operation or otherwise come into direct contact with the animals confined in the operation[.]

10 C.S.R. § 20-6.300(1)(B)8. Whether a facility is a Class I or Class II operation is based on the facility’s design capacity for animal units or animal unit equivalents. Class I operations are those operations with 1,000 or more animal units, while Class II operations have 300 to 999 animal units. 10 C.S.R. § 20-6.300(1)(B)7. An “animal unit” is defined as:

• 1 feeder or slaughter cow

• 0.5 horses

• 0.7 dairy cows

• 2.5 swine weighing more than 55 pounds

• 15 swine weighing less than 55 pounds;

• 10 sheep;

• 30 chicken laying hens;

• 60 chicken layer pullets;

• 55 turkeys; or

• 100 boiler chickens.

See id.

All Class I CAFOs in Missouri, and any Class II CAFO in Missouri that discharges through a man-made conveyance into waters of the state, must obtain an NPDES permit. 10 C.S.R. § 20-6.300(2)(A). Permits for...