1. (a)

   1. (1) Except as provided in paragraph (2) of this subsection, a person shall hold a discharge permit issued by the Department before the person may construct, install, modify, extend, alter, or operate any of the following if its operation could cause or increase the discharge of pollutants into the waters of this State:

      1. (i) An industrial, commercial, or recreational facility or disposal system;
      2. (ii) A State-owned treatment facility; or
      3. (iii) Any other outlet or establishment.

   2. (2) If the general discharge permit for animal feeding operations is administratively extended by the Department, the Department may authorize a person to begin construction on any part of a new animal feeding operation under an approval process established by the Department that requires the person to demonstrate compliance with:

      1. (i) The requirements for coverage under the administratively extended general discharge permit; and
      2. (ii) All other applicable laws and regulations and required construction permits.
2. (b) By rule or regulation, the Department may require a discharge permit for any other activity.

Added by Acts 1982, c. 240, § 2. Amended by Acts Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2019, c. 760, § 1, eff. Oct. 1, 2019; Acts 2026, c. 253, § 1, eff. April 28, 2026; Acts 2026, c. 254, § 1, eff. April 28, 2026.