§9–323.

    (a)    (1)    A person shall hold a discharge permit issued by the Department before the person may construct, install, modify, extend, alter, or operate any of the following if its operation could cause or increase the discharge of pollutants into the waters of this State:

            (i)    An industrial, commercial, or recreational facility or disposal system;

            (ii)    A State–owned treatment facility; or

            (iii)    Any other outlet or establishment.

        (2)    A person shall hold a CAFO Discharge permit issued by the Department before the person may begin construction on any part of a new CAFO.

    (b)    By rule or regulation, the Department may require a discharge permit for any other activity.

    (c)    The Department may not issue a CAFO Discharge permit to a person that violates subsection (a)(2) of this section.