Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Applicability.
This part applies to owners who apply for construction
short-form and interim permits required under part
7020.0405.
Subp. 2. [Repealed, 38 SR 1535]
Subp. 3.
Procedures for denial and
revocation.
A. Denial of construction
short-form and interim permit applications must be administered according to
this item:
(1) the applicant must be informed
in writing of the reasons for denial and must be informed of all rights of
review afforded under chapters 7000 and 7001. In the case of denial of a permit
application by a county feedlot pollution control officer, the county is
responsible for administering the review procedures unless the applicant has
requested agency review; and
(2) at
the time a county feedlot pollution control officer notifies the applicant of
the reasons for denial, the applicant must be informed in writing of the
applicant's right to make a request to the agency to review a denial of a
permit application by a county feedlot pollution control officer. To be timely,
the request must be filed within 30 days of receipt of notice of the denial by
the county. The agency shall not review untimely requests. If the agency denies
the application, the applicant may request review under chapters 7000 and 7001.
The commissioner is responsible for administering the review procedures under
this part and the commissioner or the agency shall make the final decision on
the denial.
B.
Revocation of construction short-form and interim permits must be administered
according to this item:
(1) the permittee
must be informed in writing of the reasons for revocation and must be informed
of all rights of review afforded under chapters 7000 and 7001. In the case of
revocation of a permit by a county feedlot pollution control officer, the
county is responsible for administering the review procedures;
(2) before notifying the permittee of the
reasons for revocation, the county must follow the procedures under part
7020.1600, subpart 4a, item F, and
receive written approval from the commissioner; and
(3) revocation without reissuance must be
administered according to parts
7001.0180,
7001.0190, and
7020.0505 and other applicable
parts of chapter 7001.
Subp. 4.
No circumvention.
An owner who obtains a construction short-form or interim
permit is subject to enforcement action for construction or operation without a
permit if the commissioner or county feedlot pollution control officer later
determines that the animal feedlot or a manure storage area does not qualify
for the construction short-form or interim permit that was issued and that the
owner is required to apply for and obtain an SDS or NPDES permit.
Subp. 5.
Term of
construction short-form and interim permits.
All construction short-form and interim permits expire within
24 months of the date of issuance. If the work for which a construction
short-form permit was issued is not complete upon expiration of the permit, the
expiration date of the permit may be extended by no more than 24 months if the
owner complies with items A and B. If the pollution hazard for which an interim
permit was issued is not corrected upon expiration of the permit, the
expiration date may be extended by no more than 90 days if:
A. the facility is currently eligible for the
same permit; and
B. the owner
notifies the commissioner or county feedlot pollution control officer at least
90 days prior to the expiration of the permit. The notification shall include:
(1) the name of the owner, and the name of
the facility if different from the owner;
(2) the permit number;
(3) the reason the work may not be completed
prior to expiration of the permit;
(4) the estimated amount of time required to
complete the work; and
(5) if the
animal feedlot under construction or expansion will be capable of holding 500
animal units or more, or the manure storage area under construction or
expansion will be capable of holding the manure produced by 500 animal units or
more when completed, the notification requirements under part
7020.2000, subpart
4, on a form provided by the
commissioner, submitted to the commissioner or delegated county feedlot
pollution control officer. In addition to the information required under part
7020.2000, subpart
4, the notification must
include the date on which the original permit was issued and the new proposed
completion date.
Subp.
6.
Construction short-form permit content.
A construction short-form permit issued by the commissioner
or county feedlot pollution control officer must state: "The permittee shall
comply with Minnesota Rules, parts
7020.2000 to
7020.2225, and all applicable
requirements." The permit must also identify at least the following
information:
A. the permit
number;
B. the owners' names and
addresses;
C. the legal name of the
animal feedlot, or manure storage area if different from that of the
owner;
D. the location of the
facility by county, township, section, and quarter section;
E. the existing and proposed animal types and
types of animal holding areas;
F.
the maximum number of animal units authorized at the facility after
construction or expansion is complete; and
G. the types of existing and proposed manure
storage areas. Design plans and specifications for proposed manure storage
areas shall be incorporated by reference into the permit.
The general conditions in part
7001.0150, excluding subpart
3, item P, must be
incorporated by reference in all construction short-form permits.
Subp. 7.
Interim
permit content.
An interim permit issued by the commissioner or county
feedlot pollution control officer must include at least the information in
subpart
6 and the following:
A. the corrective and protective measures
required to bring the facility into compliance with parts
7020.2000 to
7020.2225;
B. the schedule under which the corrective
and protective measures must be completed; and
C. additional requirements related to the
specific site or operation as determined necessary to ensure compliance with
applicable rules and requirements.
Subp. 8.
Expansion stocking
limitations.
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.
Statutory Authority: MS s
115.03;
116.07;
122.23