Animal Feeding Operation Size Categories. 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. The number of animals or, for dry manure chicken operations, house capacity shall be based on: The total at the site; or 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. Table 1. Small, Medium, and Large AFO Size Categories. Concentrated Animal Feeding Operations. 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: The terms “Director” and “State Director” mean the Secretary of the Environment or the Secretary of the Environment's designee; 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; 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; 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. The Department may designate a small AFO as a CAFO after a site inspection, if: Animal waste comes into contact with surface water; or 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. 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. Maryland Animal Feeding Operations. 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. 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. 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. 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. Effluent Limitations for MAFOs. 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. The terms of the NMP shall be consistent with the terms of the conservation plan and, together with the conservation plan, shall: Take into account all animal waste from the management of animals or their manure and associated waste nutrients; and 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. 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. 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. 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. 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.