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Interim Permits

Interim Permits. Interim Permits - What?. Interim Permits are for the correction of pollution hazards at the feedlot facility. Facility is l ess than 1000 animal u nits Facility does not meet the definition of a large CAFO

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Interim Permits

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  1. InterimPermits

  2. Interim Permits - What? • Interim Permits are for the correction of pollution hazards at the feedlot facility. • Facility is less than 1000 animal units • Facility does not meet the definition of a large CAFO • MPCA Policy - Interim Permit for Feedlots Under 10/50 AU Thresholds • *116.07 (g) – exempts facilities with less than 10 animal units in shoreland or 50 animal units from feedlot permit requirements • http://www.pca.state.mn.us/index.php/view-document.html?gid=3646

  3. Interim Permits - Also…. • Land Application of Manure if: • Facility is > 300 animal units; and • Applied manure not in a special protection area • Soil P Test > 150 ppm Bray P1 or • Soil P Test > 120 ppm Olsen • Applied manure within a special protection area • Soil P Test 76 – 150 ppm Bray or • Soil P Test 61 – 120 ppm Olsen and • Field slopes exceed 6% • Applied manure is within medium or high vulnerable Drinking Water Supply Management Areas (DWSMA) • Not Very Common

  4. Interim Permits - Why? • The Interim Permit provides a mechanism for the agency or delegated county to get the environmental problem addressed in a much shorter period of time than could be achieved through the agency or county attorney pursuing an enforcement action.

  5. Interim Permits - Why? • Fix pollution problem(s) • Establish a Schedule of Compliance • Authorizes Const/Expan while continuing to operate • Allows us to track return to compliance • Cost share dollars • Legislature (funding) • General Public • Alternative is enforcement • Other?

  6. Interim Permits - When? • Facility has a pollution hazard. • A feedlot or manure storage area that does not meet the requirements of 7020.2000 to 7020.2225.

  7. Types of Pollution Hazards • Open Lot Runoff • LMSA Failure • Unpermitted LMSA • Discharge From Barns • Feed Storage Area Runoff • Stockpile Setback Violations • Land Application • Setback Violations • Over-application

  8. Interim Permits - When?

  9. Interim Permits - • Issued for a maximum of 24 months • Time frame defined in the permit • May be extended by no more than 90 days • Contain a Schedule of Compliance • Final compliance date = expiration date • Can include interim submittal dates • Expansion Limitations • Requires correction of problem prior to stocking expansion

  10. Interim Permits - • Authorizes continued facility operation while fix is developed and implemented • Requires owner to minimize the pollution hazard until fix is installed and fully operational • Depending on the pollution hazard – immediate response is necessary to stop or prevent a discharge to waters of the state

  11. Interim Permits - Difficulties • Producers are reluctant to correct pollution hazards • Understanding/accepting there is a problem • Costs to return to compliance • Can lead to a lack of cooperation • Statutory Spending Limitations • MN Statute 116.07 Subd. 7 (p) • Limits the amount of money a regulatory authority can force a producer to spend to correct a pollution hazard

  12. Spending Limitations - • (1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal units unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade; or • (2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and 500 animal units, unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade or $50,000, whichever is less. • Spending Limitations do not apply if feedlot is determined to be an immediate public health threat. (145A.04, subd. 8) • If a threat to the public health such as a public health nuisance, source of filth, or cause of sickness is found on any property …

  13. Interim Permits - Difficulties • Additional time commitments • Make sure project is moving forward • Maintaining working relationship • Keeping everyone involved • Producer, NRCS, SWCD, JPO, Engineers, Zoning Officials, BMP Loans, Etc… • Follow-up • Project inspections • Documentation • Closure

  14. Interim Permits - • In the end our goal is to find problems and fix them.

  15. QUESTIONS

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