2011 ORS § 468B.210¹
Maximum number of animals per facility
  • determination

(1) All permits for confined animal feeding operations issued under ORS 468B.050 (Water quality permit) shall specify the maximum number of animals that may be housed at the facility.

(2) The maximum number of animals specified in a permit shall be determined for each facility on the basis of the capacity of the particular confined animal feeding operation to contain, treat, hold and dispose of wastes as necessary to comply with all conditions of the permit.

(3) Any confined animal feeding operation that exceeds by more than 10 percent or 25 animals, whichever is greater, the maximum number of animals specified in its permit shall be considered in violation of the permit and the owner or operator shall be subject to enforcement action under ORS 468.140 (Civil penalties for specified violations) or 468.943 (Unlawful water pollution in the second degree). [Formerly 468.688; 1993 c.422 §33]