40 CFR §122.24

1. (a)Permit requirement. Concentrated aquatic animal production facilities, as defined in this section, are point sources subject to the NPDES permit program.
2. (b)Definition. Concentrated aquatic animal production facility means a hatchery, fish farm, or other facility which meets the criteria in appendix C of this part, or which the Director designates under paragraph (c) of this section.
3. (c)Case-by-case designation of concentrated aquatic animal production facilities.
   1. (1)The Director 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 Director shall consider the following factors:
      1. (i)The location and quality of the receiving waters of the United States;
      2. (ii)The holding, feeding, and production capacities of the facility;
      3. (iii)The quantity and nature of the pollutants reaching waters of the United States; and
      4. (iv)Other relevant factors.
   2. (2)A permit application shall not be required from a concentrated aquatic animal production facility designated under this paragraph until the Director has conducted on-site inspection of the facility and has determined that the facility should and could be regulated under the permit program.