(1) The director may, on a case by case basis, designate a poultry AFO as a medium poultry CAFO if it is determined that the AFO is a significant contributor of pollutants to waters of the state. The designated medium poultry CAFO will be required to follow all permit requirements for a medium poultry CAFO.
(2) The designation shall be provided to the operator of the poultry AFO in writing, setting forth the basis for the director’s decision.
(3) The director shall consider the following factors when deciding whether to designate a poultry AFO: Size of the poultry AFO and the amount of manure, process wastewater and runoff reaching waters of the state;
(4) Location of the poultry AFO relative to waters of the state;
(5) Means of conveyance of manure, process wastewater and runoff into waters of the state;
(6) Slope, vegetation, precipitation and other factors affecting the likelihood or frequency of discharge of manure, process wastewater or runoff into waters of the state; and
(7) Repeated instances of noncompliance.
(8) Upon request by the operator, the director shall redesignate a facility previously designated under subsection (1) of this section if the facility is no longer a significant contributor of pollution to waters of the state. Such redesignation shall be provided to the operator in writing and any fees or assessments paid by the operation due to the designation will not be refundable to the operation.