Section 33.1-16-03.1-07 - Permit application content and procedures1. Any new or existing facility that is proposing an increase in the number of animals above the level allowed in the current permit or above the level where a permit is required under section 33.1-16-03.1-05, shall apply for and obtain a state animal feeding operation permit prior to construction or expansion. Any facility that is proposing to expand the production area, or update or change the manure handling system, and which requires a permit under section 33.1-16-03.1-05, shall apply for and obtain a state animal feeding operation permit prior to construction.2. Application forms for state animal feeding operation permits are available from the department. An operator shall furnish information requested by the department that is consistent with this chapter. The department will not process an application unless all of the necessary information is provided. The information within or attached to an application must include the following: a. The owner's and operator's name and mailing addresses.b. The facility's legal location and mailing address.c. A topographic map of the area where the facility is or proposes to be located and showing the specific production area.d. Specific information about the number, size, and type of animals proposed for the facility; the number of days per year animals will be handled; and the type of confinement (open or housed under roof).e. The type of containment and storage (anaerobic lagoon, roofed storage shed, ponds, under-floor pits, aboveground storage tanks, underground storage tanks, concrete pad, impervious soil pad, water spreading system, other) and total capacity for manure, litter, and process wastewater storage (tons or gallons), or other measures to meet department requirements to prevent discharge of pollutants to waters of the state.f. The total number of acres under control of the applicant and available for land application of manure, litter, or process wastewater.g. Estimated amounts of manure, litter, and process wastewater generated per year (tons or gallons).h. Estimated amounts of manure, litter, and process wastewater transferred to other persons per year (tons or gallons).i. Designs, including location, for all manure storage and water pollution control structures and site-specific background information as specified in the North Dakota Livestock Program Design Manual. Design plans developed by anyone other than the facility owner must be signed by the engineer who prepared or supervised the preparation of the plans under North Dakota Century Code chapter 43-19.1.j. Site-specific information on topography, surface water, ground water, and soil geology.k. A nutrient management plan or information related to a nutrient management plan as specified in subsections 4 and 5 of section 33.1-16-03.1-08. I. The signatures of individuals responsible for the animal feeding operation.m. A description of how animal moralities will be handled and disposed of by the facility operator. In preparing an application, the operator shall follow the North Dakota Livestock Program Design Manual.
The operator of an existing animal feeding operation may reference any information previously submitted to the department rather than resubmitting it.
Existing information shall be updated if changes to the operation have been made since the prior application.
3. Permit conditions. The department may impose any conditions upon a state animal feeding operation permit to ensure proper operation of the facility to protect water and air quality, including: a. Sampling, testing, and monitoring at or adjacent to the facility or of manure, process wastewater, ground water, or runoff.b. Steps to prevent the facility from causing exceedances of water quality standards or air quality standards and to minimize odors during land application of manure.c. Recordkeeping and reporting.d. Compliance schedules for upgrades at facilities to meet the requirements of this chapter.4. If the department determines that the animal feeding operation will not cause nor likely cause pollution of waters of the state, either after upgrades are made or at its current status, and the department determines that it is not likely to exceed air quality standards, a state animal feeding operation permit will be issued.5. If manure storage or water pollution control structures were required at the facility, the operator shall notify the department within thirty days of construction completion and provide certification from an engineer or the designer that construction of manure storage and water pollution control structures was completed according to designs provided with the application or to department-approved changes.6. The permit shall be valid until its expiration date as long as the animal feeding operation is not materially changed, or waters of the state are not impacted pursuant to 33.1-16-02.1. If an operator plans to change the type or increase the number of animals or change the facility, including expanding barns or pens or changing manure storage or water pollution control structures, the operator shall inform the department in writing prior to implementation of these changes.7. Expiration of permits. Every state animal feeding operation permit issued by the department shall have a fixed term not to exceed five years.8. Renewal of permits. One hundred eighty days prior to the expiration of an existing permit, an application for permit renewal shall be submitted to the department for review. If an operator submits a complete application for a permit renewal at least one hundred eighty days prior to the expiration date, but the department, through no fault of the operator, fails to issue a new permit prior to the expiration of the previous permit, the department may extend the expired permit until the permit is reissued. All conditions and stipulations of permits extended under this subsection remain fully effective and enforceable.9. Transfer of Permits. The holder of a state animal feeding operation permit may transfer it by notifying the department in writing at least thirty days in advance of the proposed transfer date. The notice shall include a written agreement between the current and new owners or operators and contain a specific date for the permit transfer, and the name and address of the individual responsible for compliance with the permit.10. General permits. The department may issue a general state animal feeding operation permit covering similar facilities. Any general permit shall comply with all requirements of this chapter and shall identify criteria by which facilities may qualify for the general permit. Facilities that would qualify for a general permit shall apply to the department for coverage under the terms of the general permit. The department may grant a facility's request to construct and operate under a general permit or, at its discretion, issue an individual permit if circumstances warrant.11. Confidentiality. The department will follow the requirements of North Dakota Century Code chapter 44-04 for all requests for facility information.12. Setback. For the purposes of determining setbacks under North Dakota Century Code section 23.1-06-15(7), unweaned young are not included when calculating animal units, except a cow-calf pair equals 1.0 animal unit.N.D. Admin Code 33.1-16-03.1-07
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 61-28-04; S.L.2017, ch.199, § 1
Law Implemented: NDCC 61-28-04, 23.1-06-15; S.L.2017, ch.199, § 21