Presentation on theme: "Interim Permits - What? Interim Permits are for the correction of pollution hazards at the feedlot facility. Facility is l ess than 1000 animal units."— Presentation transcript:
Interim Permits - What? Interim Permits are for the correction of pollution hazards at the feedlot facility. Facility is l ess 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 ○ * (g) – exempts facilities with less than 10 animal units in shoreland or 50 animal units from feedlot permit requirements
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
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.
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?
Interim Permits - When? Facility has a pollution hazard. A feedlot or manure storage area that does not meet the requirements of to
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
Interim Permits - When?
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
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
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 Subd. 7 (p) Limits the amount of money a regulatory authority can force a producer to spend to correct a pollution hazard
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 …
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
Interim Permits - In the end our goal is to find problems and fix them.