Md. Code Regs. 26.08.03.09 – Animal Feeding Operations.

A. Animal Feeding Operation Size Categories.

(1) A large, medium, or small AFO is an AFO housing the number of animals or with the total house capacity identified in the column labeled large, medium, or small, respectively, in Table 1.
(2) The number of animals or, for dry manure chicken operations, house capacity shall be based on:
1. (a) The total at the site; or
2. (b) For adjacent sites involving any common ownership or operation, the combined total of all sites where the production, manure management, or storage operations are collectively owned or managed.

(3) Table 1. Small, Medium, and Large AFO Size Categories.

	Size Category—Number of Animals or Total House Capacity (square feet)
Animal Type	Large—greater than or equal to	Medium	Small—less than
Cattle (includes heifers)	1,000 animals	300—999 animals	300 animals
Dairy cattle	700 animals	200—699 animals	200 animals
Horses	500 animals	150—499 animals	150 animals
Veal	1,000 animals	300—999 animals	300 animals
Swine greater than 55 pounds	2,500 animals	750—2,499 animals	750 animals
Swine less than 55 pounds	10,000 animals	3,000—9,999 animals	3,000 animals
Sheep/lambs	10,000 animals	3,000—9,999 animals	3,000 animals
Ducks with liquid manure handling	5,000 animals	1,500—4,999 animals	1,500 animals
Chickens with liquid manure handling	30,000 animals	9,000—29,999 animals	9,000 animals
Ducks with dry manure handling	30,000 animals	10,000—29,999 animals	10,000 animals
Laying hens with dry manure handling	82,000 animals	25,000—81,999 animals	25,000 animals
Chickens (other than laying hens) with dry manure handling	125,000 animals or 100,000 square feet	37,500—124,999 animals and less than 100,000 square feet	37,500 animals
Turkeys	55,000 animals	16,500—54,999 animals	16,500 animals

B. Concentrated Animal Feeding Operations.
1. (1) For AFOs that are defined or designated as CAFOs under the federal regulations, at 40 CFR 122.23, as amended, the requirements of the federal regulations applicable to concentrated animal feeding operations at 40 CFR Parts 122 and 412, as amended, are incorporated by reference with the following changes:
  1. (a) The terms “Director” and “State Director” mean the Secretary of the Environment or the Secretary of the Environment's designee;
  2. (b) The size threshold for defining a large dry manure chicken (other than laying hens) AFO is 125,000 chickens or a total house capacity of greater than or equal to 100,000 square feet;
  3. (c) An AFO that is a large or medium CAFO under federal regulations is also subject to the permit requirements for a CAFO under Maryland regulations only if it discharges or proposes to discharge;
  4. (d) An AFO that is a large CAFO under federal regulations that does not discharge or propose to discharge is subject to the requirements for a MAFO under the Maryland regulations.
2. (2) The Department may designate a small AFO as a CAFO after a site inspection, if:
  1. (a) Animal waste comes into contact with surface water; or
  2. (b) Animals come into contact with surface water and the AFO is not using best management practices designed and approved by the soil conservation district (SCD) to limit animal access to surface water.
3. (3) A CAFO shall obtain permit coverage under the general discharge permit issued by the Department under COMAR 26.08.04.09N unless the Department, in its discretion, notifies the discharger that a separate discharge permit is required.
C. Maryland Animal Feeding Operations.
1. (1) A MAFO shall obtain permit coverage under the general discharge permit issued by the Department under COMAR 26.08.04.09N, unless the Department, in its discretion, notifies the discharger that a separate discharge permit is required.
2. (2) The Department may designate as a MAFO a small or medium AFO if the Department determines that the type or location of animal waste storage or animal access to surface water is likely to cause a discharge of pollutants to ground or surface waters of this State.
3. (3) A permitted MAFO upon closure of the facility shall maintain permit coverage until all animals and animal waste that were present while the operation was a MAFO are removed from the site.
4. (4) The deadline for a MAFO to submit an application for an individual permit or an NOI for a general discharge permit shall be in accordance with the schedules for NOIs specified in the general permit for AFOs issued under COMAR 26.08.04.09N.
5. (5) Effluent Limitations for MAFOs.
  1. (a) MAFO permits shall at a minimum include requirements and schedules for development, submission to the Department, and implementation of a complete and current NMP and conservation plan.
  2. (b) The terms of the NMP shall be consistent with the terms of the conservation plan and, together with the conservation plan, shall:
    1. (i) Take into account all animal waste from the management of animals or their manure and associated waste nutrients; and
    2. (ii) Ensure that appropriate manure management measures are used to store, stockpile, and handle manure and animal waste to minimize the potential for nutrient loss or runoff.
  3. (c) Except for storm water that comes into contact with animal waste that is land applied in accordance with a NMP, discharge of animal waste to surface waters of this State is prohibited.
6. (6) A facility's status as a MAFO does not require, and the permit authorization for a MAFO does not confer, NPDES discharge permit authorization under the Federal Act.
D. The Department may require an AFO owned or operated outside of Maryland to obtain a discharge permit if all or a significant part of its operation, whether waste storage, waste application, or confinement of animals, is conducted in Maryland.
E. An AFO, regardless of size, that utilizes a spray irrigation system for wastewater application shall be regulated under either a general or individual discharge permit.

Authority: Environment Article, §§9-313—9-316, 9-319, 9-320—9-325, and 9-328, Annotated Code of Maryland

Effective date: September 1, 1974 (1:1 Md. R. 33)

COMAR 10.50.01.05, .06, and .13 recodified to COMAR 26.08.03.01, .02, and .03, respectively

Regulation .01 amended effective November 5, 1984 (11:22 Md. R. 1899)

Regulation .02 amended effective November 5, 1984 (11:22 Md. R. 1899)

Regulation .02C amended effective May 18, 1979 (6:10 Md. R. 841)

Regulation .03 adopted effective May 19, 1978 (5:10 Md. R. 777)

Chapter revised effective June 27, 1988 (15:13 Md. R. 1556)

Regulation .01 amended affective May 27, 2002 (29:10 Md. R. 827)

Regulation .01A amended affective September 28, 2015 (42:19 Md. R. 1229)

Regulation .01B amended affective April 16, 1990 (17:7 Md. R. 854); May 17, 2021 (48:10 Md. R. 402); May 30, 2022 (49:11 Md. R. 610)

Regulation .02 amended effective April 16, 1990 (17:7 Md. R. 854)

Regulation .02D adopted effective April 23, 2018 (45:8 Md. R. 422)

Regulations .03—.05 repealed and new Regulations .03—.05 adopted effective February 19, 1990 (17:3 Md. R. 301)

Regulation .03C amended affective July 5, 2004 (31:13 Md. R. 995)

Regulation .06 adopted effective May 1, 1989 (16:8 Md. R. 911)

Regulation .06 amended effective November 6, 1995 (22:22 Md. R. 1670)

Regulation .06B, C amended effective April 16, 1990 (17:7 Md. R. 854)

Regulation .06D amended effective March 25, 1996 (23:6 Md. R. 477)

Regulation .07 adopted effective April 16, 1990 (17:7 Md. R. 854)

Regulation .07 amended effective June 7, 1993 (20:11 Md. R. 917)

Regulation .08 adopted effective January 2, 1995 (21:26 Md. R. 2195)

Regulation .08 amended effective June 29, 1998 (25:13 Md. R. 996)

Regulation .09 adopted effective January 12, 2009 (36:1 Md. R. 24)

Regulation .09F repealed effective June 18, 2018 (45:12 Md. R. 619)