No; however, the CAFO must implement site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients as specified previously under the 2003 rule. Also, an unpermitted CAFO must maintain documentation of its nutrient management practices and make such documentation available to the permitting authority upon request in order for a precipitation-related discharge from the land application area to qualify for the agricultural stormwater exemption.
State and local requirements may be more stringent. Find contacts for more information at #32304.
