1. (a) A concentrated aquatic animal production facility is a point source subject to the APDES permit program.

2. (b) The department may designate any warm or cold water aquatic animal production facility as a concentrated aquatic animal production facility upon determining that it is a significant contributor of pollution to waters of the United States. In making this designation, the department shall consider the following factors:

   1. (1) the location and quality of the receiving waters of the United States;
   2. (2) the holding, feeding, and production capacities of the facility;
   3. (3) the quantity and nature of the pollutants reaching waters of the United States;
   4. (4) other relevant factors.
3. (c) A concentrated aquatic animal production facility designated under (b) of this section is not required to submit a permit application until the department has conducted an on-site inspection of the facility and has determined that the facility should and could be regulated under the permit program.

(Eff. 7/29/2006, Register 179)

Authority: AS 44.46.020, AS 46.03.020, AS 46.03.100, AS 46.03.010, AS 46.03.050, AS 46.03.110