Current through Register Vol. 48, No. 9, September 27, 2024
A.
Small Swine Facilities.
1. For persons
seeking to construct a new small swine facility, the applicant shall:
a. Notify all adjoining property owners and
people residing on property within 1/4 mile (1,320 feet) of the proposed
location of the facility (footprint of construction and manure storage pond) of
the applicant's intent to build a swine facility.
b. Notify the parties listed in A.1.a. of
this section using an NOI form provided by the Department. The NOI shall advise
the adjoining property owners that they may send comments on the proposed
animal facility directly to the Department.
2. For persons seeking to construct a new
small swine facility or expand an established small swine facility, the
Department shall post a Public Notice of application received, for fifteen (15)
business days, on the Department's website. The Department may also post up to
four (4) notices, in the four (4) cardinal directions around the perimeter of
the property or in close proximity to the property, in visible locations as
determined by the Department.
3.
For small swine facilities, the Department shall review all comments received.
If the Department receives twenty (20) or more letters from different people
living in a 2-mile radius of the proposed facility requesting a meeting or the
Department determines significant comment exists, a meeting shall be held to
discuss and seek resolution to the concerns prior to a permit decision being
made. All persons who have submitted written comments shall be invited in
writing to the meeting. First Class US mail service, email, or hand delivery to
the address of the interested party shall be used by the Department for the
meeting invitation. However, if the Department determines that the number of
persons who submitted written comments is significant, the Department shall
publish a notice of the public meeting in a local newspaper of general
circulation instead of notifying each individual by First Class mail. In
addition, the Department shall notify all group leaders and petition organizers
in writing or email. Agreement of the parties is not required for the
Department to make a permit decision.
B. Large Swine Facilities.
1. For persons seeking to construct a new
large swine facility or expand an established large swine facility, the
applicant shall:
a. Notify all adjoining
property owners and people residing on property within 1/4 mile (1,320 feet) of
the proposed location of the facility (footprint of construction and manure
storage pond) of the applicant's intent to build a swine facility.
b. Notify the parties listed in B.1.a. of
this section using an NOI form provided by the Department. The NOI shall advise
the adjoining property owners that they may send comments on the proposed
animal facility directly to the Department.
2. For persons seeking to construct a new
large swine facility or expand an established large swine facility, the
Department shall:
a. Post a Public Notice of
application received, for fifteen (15) business days, on the Department's
website. The Department may also post up to four (4) notices, in the four (4)
cardinal directions around the perimeter of the property or in close proximity
to the property, in visible locations as determined by the
Department;
b. Notify the
appropriate county commission;
c.
Notify the appropriate water supply district (owners or operators of any
potable surface water treatment plant located downstream from the proposed
swine facility that could reasonably be expected to be adversely impacted if a
significant problem arose); and
d.
Notify any person who asked to be notified.
3. First Class US mail service, email, or
hand delivery to the address of a person to be notified shall be used by the
Department for the notifications in Section 100.60.B.2.b-d. If the Department
determines that members of the same group or organization have submitted
comments or a petition, the Department shall only notify all groups,
organization leaders, and petition organizers in writing or email. The
Department shall ask these leaders and organizers to notify their groups or any
concerned citizens who signed the petitions.
4. The notice shall contain instructions for
public review and comment to the Department on the proposed construction and
operation of the swine facility. The notice shall allow for a minimum fifteen
(15) business-day comment period.
5. If the Department receives twenty (20) or
more letters or emails from different people living in a 2-mile radius of the
proposed facility requesting a public meeting or the Department determines
there is significant public interest, the Department shall conduct a public
meeting and shall provide notice of the public meeting in accordance with the
notice requirements provided for in Section 100.60.B.2.a-d. The initial public
notice and meeting notice can be combined into one (1) notice.
C. Additional requirements for
X-large swine facilities.
1. For persons
seeking to construct a new X-large swine facility or expand an established
X-large swine facility, the applicant shall notify all property owners and
person(s) residing on property within one mile (5,280 feet) of the proposed
location of the X-large swine facility (footprint of construction and manure
storage pond) by certified mail. The notification must include the following
information:
a. Name and address of the person
proposing to construct an X-large swine facility;
b. The type of swine facility, the design
capacity, and a description of the proposed swine manure management
system;
c. The name and address of
the preparer of the Animal Facility Management Plan;
d. The address of the local Natural Resources
Conservation Service (NRCS) office; and
e. A statement, approved by the Department,
informing the adjoining property owners and property owners within 1 mile of
the proposed facility, that they may submit written comments or questions to
the Department.
2. The
applicant shall conduct a minimum of one public meeting to present to the
public the proposed project, its purpose, design, and environmental impacts.
The applicant shall provide at least thirty (30) calendar days notice of the
meeting date and time by advertisement in a local newspaper of general
circulation in the area of the proposed facility. The public meeting notice can
be combined into one (1) notice in combination with the notice run by the
Department. However, the applicant must provide information concerning the
date, time, and location of the public meeting at the time of application. The
minutes of the public meeting, proof of advertisement, and opinions derived
from the meeting must be submitted to the Department.
3. The Department shall conduct a public
meeting and shall provide notice of the public meeting in accordance with the
notice requirements provided for in Section 100.60.B.2.a-d. The initial public
notice and meeting notice can be combined into one (1) notice. The Department
shall provide at least thirty (30) calendar days notice of the
meeting.
D. For
properties that have multiple owners or properties that are in an estate with
multiple heirs, the applicant shall send an NOI to construct an animal facility
by certified mail to each individual. This notice shall serve as notice to
these multiple property owners of the applicant's intent to build a swine
facility.
E. When comments are
received by email, the Department shall acknowledge receipt of the comment by
email. These comments shall be handled in the same manner as written comments
received by postal mail.
F. The
Department shall consider all relevant comments received in determining a final
permit decision.
G. The Department
shall send notice of the permit decision to issue or deny the permit to the
applicant, all persons who commented in writing to the Department, and all
persons who attended the public meeting, if held. First Class US mail service,
email, or hand delivery to the address of a person to be notified shall be used
by the Department for the decision notification. However, if the Department
determines that members of the same group or organization have submitted
comments or a petition, the Department shall only notify all group leaders and
petition organizers in writing or email. The Department shall ask these leaders
and organizers to notify members of their groups or any concerned citizens who
signed the petitions.
H. For permit
issuances, the Department shall publish a notice of issuance of a permit to
construct or expand a swine facility on the Department's website.
I. For permit denials, the Department shall
give the permit applicant a written explanation which outlines the specific
reasons for the permit denial.
J.
For permit denials, the Department may publish a notice of decision on the
Department's website.
K. The
Department shall include, at a minimum, the following information in the public
notices: the name and location of the facility, a description of the operation
and the method of manure and other swine by-products handling, instructions on
how to appeal the Department's decision, the time frame for filing an appeal,
the date of the decision, and the date upon which the permit becomes
effective.
