North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water
Chapter 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations
Section 33.1-16-03.1-07 - Permit application content and procedures

1. 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:

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:

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.