Minnesota Administrative Rules
Agency 167 - Pollution Control Agency
Chapter 7020 - ANIMAL FEEDLOTS
PERMIT PROGRAM
Part 7020.0405 - PERMIT REQUIREMENTS
Universal Citation: MN Rules 7020.0405
Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1. Permit required.
Four types of permits are issued under this chapter and chapter 7001: interim permits, construction short-form permits, SDS permits, and NPDES permits. The owner shall apply for a permit as follows:
A. an NPDES permit for the construction,
expansion, modification, or operation of a CAFO as required by federal
law;
B. an SDS permit for the
construction, expansion, modification, or operation of an animal feedlot or
manure storage area:
(1) that is capable of
holding, or will be capable of holding after construction, expansion, or
modification, 1,000 or more animal units or the manure produced by 1,000 or
more animal units;
(2) that does
not comply with all applicable requirements of parts
7020.2000 to
7020.2225 and for which the
pollution hazard cannot be, or has not been, corrected under the conditions in
part
7020.0535 applicable to interim
permits;
(3) for which the owner is
proposing to construct or operate with a new technology. An SDS permit is
required for new technology operational methods while these operational methods
are employed; or
(4) for which
conditions or requirements other than those in parts
7020.2000 to
7020.2225 were assumed:
(a) as a mitigation measure in an
environmental impact statement; or
(b) in obtaining a negative declaration in an
environmental assessment worksheet;
C. unless required to obtain a permit under
item A or B, an interim permit for:
(1) a
facility identified as a pollution hazard;
(2) a facility where the owner is proposing
to expand to a capacity of 300 animal units or more, or the manure produced by
300 animal units or more, and that has been identified as a pollution hazard;
or
(3) an animal feedlot or a
manure storage area with a capacity of 300 or more animal units prior to
applying manure or process wastewater:
(a) on
land where the soil phosphorus test levels exceed the levels in part
7020.2225, subpart
3, item C;
(b) on land in special protection areas with
slopes exceeding six percent; or
(c) in a drinking water supply management
area where the aquifer is designated vulnerable under chapter 4720;
or
D. unless
required to obtain a permit under item A, B, or C, a construction short-form
permit for an animal feedlot or manure storage area proposing to construct or
expand to a capacity of 300 animal units or more, or the manure produced by 300
animal units or more.
Subp. 2. Expansion and stocking requirements.
A. Prior to expansion or modification, an
owner required to apply for a construction or operating permit under subpart
1, item A or B, shall have
obtained the permit, or permit modification, as applicable.
B. Prior to expansion, an owner required to
apply for a construction permit under subpart
1, item C or D, shall have
obtained the permit, or permit modification, as applicable.
C. An owner issued an interim permit that
authorizes construction for an expansion shall not stock the expansion prior to
the fulfillment of all permit conditions related to the correction of the
pollution hazard for which the interim permit was issued.
Subp. 3. No permit required.
An owner is not required to apply for a permit for:
A. a short-term stockpile or compost site if
the owner is not an owner of an animal feedlot or manure storage area other
than a short-term stockpile or composting site;
B. a livestock facility located on county
fairgrounds;
C. a change in an
existing facility that consists solely of a change in ownership of the
building, grounds, or feedlot; or
D. an animal feedlot with more than ten but
less than 50 animal units that is not in a shoreland area.
Subp. 4. New name; change of ownership.
A. Before changing the name
of the permittee of a facility operating under a permit issued under this
chapter, the owner shall submit to the permitting authority, either the
commissioner or county feedlot pollution control officer who issued the permit,
documentation of the new name and the permitting authority shall issue a permit
modification reflecting the new name.
B. Before changing ownership or control of an
animal feedlot or manure storage area issued a permit under this chapter, the
new owner shall submit to the permitting authority the information required
under part
7001.0190. If the permitting
authority determines that the new owner meets the requirements for obtaining
the permit, then the permitting authority shall issue the modified permit to
the new owner. All other modifications must comply with subpart
5.
Subp. 5. Modification of permit.
A. If an owner of a facility that has
coverage under an NPDES or SDS permit plans to make a modification, the owner
must follow the procedures in chapter 7001. Major modifications must follow the
procedures in parts
7001.0100 to
7001.0130. Minor modifications
must follow part
7001.0190.
B. If an owner of a facility with coverage
under an interim or construction short-form permit plans to make a
modification, the owner must seek approval from the permitting authority on a
form provided by the commissioner. The form must be submitted to the permitting
authority at least 30 days before making the modification.
Statutory Authority: MS s 115.03; 116.07; 122.23
Disclaimer: These regulations may not be the most recent version. Minnesota 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.