Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.09 - RULES REGULATING SWINE FACILITIES
Section 58.01.09.300 - APPLICATION PROCESSING PROCEDURE

Universal Citation: ID Admin Code 58.01.09.300

Current through August 31, 2023

01. Application Completeness. Applications are reviewed for completeness within thirty (30) days of receipt. The applicant will receive written notice of the review, and the Department will provide public notice that a complete application has been received. Incomplete applications or those that do not meet the requirements will be returned with deficiencies identified. The applicant must respond to any deficiencies, or requests from the Department for additional information necessary to process a permit, within thirty (30) days of the request or the application may be denied unless a longer time period is approved by the Director. (3-24-22)

02. Notice of Environmental Suitability of Facility Location. Within thirty (30) days of the public notice, a letter with the Director's determination of the suitability of the facility siting will be sent to the applicant and the appropriate county and city officials for the selected location including: (3-24-22)

a. A brief description of the proposed facility, its animal waste management system, and its nutrient management plan; (3-24-22)

b. A brief summary of the basis for the determination of environmental suitability including references to applicable requirements and supporting materials; (3-24-22)

c. A description of the schedule for issuing a permit; and (3-24-22)

d. The name and phone number of the Department staff to contact for additional information. (3-24-22)

03. Draft Permit. Within one hundred eighty (180) days of the Director's determination that a facility is environmentally suitable for its proposed location, the Director will either issue a draft permit or a notice of denial of a permit. The draft permit will specify conditions of construction, operation, and closure. (3-24-22)

04. Public Comments. The Department will provide notice to the public of its issuance of a draft permit. The public may provide written comments for a time period and in a manner specified in the notice. The Department may provide an opportunity for the public to provide oral comments. (3-24-22)

05. Permit Denial. The Director may deny a permit if: (3-24-22)

a. The applicant of a facility is not in substantial compliance with a final agency order or any final order or judgement of a court secured by any state or federal agency relating to the operation of a swine facility; (3-24-22)

b. The application is inaccurate or incomplete; (3-24-22)

c. The facility as proposed cannot meet the provisions in these rules or cannot be constructed, operated, and closed in a manner protecting human health and the environment; or (3-24-22)

d. The appropriate county or city does not approve the location of the facility. (3-24-22)

06. Final Permit. Within sixty (60) days of the issuance of a draft permit, the Director will issue a final permit; however, a permit will not be issued until the applicant has received any needed IPDES permit; final approval from the appropriate county or city for the location of the facility; and approval for a water right from the Department of Water Resources. The permit will be effective for a fixed term of not more than ten (10) years and may be reissued to an existing facility upon receipt of an updated application, fees, and demonstration of compliance with the rules and permit existing at the time of reissuance. (3-24-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.