EPA's Region 6 Office
Serving: Arkansas, Louisiana, New Mexico, Oklahoma, Texas, and 66 Tribal Nations
Who Needs CAFO Permit Coverage? Regulations at 40 CFR 122.23 define a Concentrated Animal Feeding Operation (CAFO) as a point source that requires National Pollutant Discharge Elimination System (NPDES) permit authorization to discharge pollutants to waters of the U.S. Therefore, any CAFOs that discharge pollutants to waters of the U.S. must apply for permit coverage under the CAFO general permit for New Mexico which became effective on September 3, 2009.
How to Apply for CAFO Permit Coverage: For more information concerning eligibility and how to obtain NPDES CAFO permit coverage for CAFOs in New Mexico, please visit our NPDES permitting website.
Failure to apply for CAFO permit coverage: CAFO owners or operators that do not apply for NPDES CAFO permits operate at their own risk because any discharge from an unpermitted CAFO (other than “agricultural storm water”) and the failure to apply for an NPDES permit when one is required are violations of the Clean Water Act subject to enforcement action, including third party suits.