Definition of 3937. “Water quality standards

3937. “Water quality standards means the water quality standards contained in chapter 33-16-02.1. 40. “Waters of the state” (subsection 11 of North Dakota Century Code section 61- 28-02.) means all waters within the jurisdiction of this state including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, and all other bodies or accumulations of water on or under the surface of the earth, natural or artificial, public or private, situated wholly or partly within or bordering upon the state, except those private waters that do not combine or effect a junction with natural surface or underground waters just defined. 2.4. True Pasture and Rangeland Operations (See NDAC Section 33-16-03.1-05.)03(1).) Wintering operations were addressed in the previous North Dakota state livestock rules, by the U.S. Environmental Protection Agency and by local zoning ordinances. EPA chose not to define a winter feeding operation but instead chose to address it through the preamble to the federal livestock rules as follows: “First, EPA is reiterating that true pasture and rangeland operations are not considered AFOs, because operations are not AFOs where the animals are in areas such as pastures, croplands or rangelands that sustain crops or forage growth during the normal growing season. In some pasture-based operations, animals may freely wander in and out of particular areas for food or shelter; this is not considered confinement. However, pasture and grazing-based operations may also have confinement areas (e.g. feedlots, barns, pens) that may qualify as an AFO. Second, incidental vegetation in a clear area of confinement, such as a feedlot or pen, would not exclude an operation from meeting the definition of an AFO. Note that animals must be stabled or confined for at least 45 days out of any 12 month period to qualify the operation as an AFO.” The state will follow the same directive to not consider true pasture and rangeland operations as AFOs; however, confinement areas of these operations may qualify as AFOs. These areas may be subject to regulation under NDAC Chapter 33-16-03.1 or NDAC Chapter 33-16-01 and the owner/operator may need to submit an application for a state animal feeding operation permit or obtain a “No Potential to Pollute” determination. 2.5. When to Submit an Application Applications must be submitted to the department by owners or operators of livestock facilities that require a state permit pursuant to NDAC Chapter 33-16-01 orunder NDAC Chapter 33-16-03.1. The owner/operator of the following facilities must submit an application and design plans, and must receive department approval prior to construction: 1. New livestock facilities or