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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 what
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
interim permits also
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
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 why1
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
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.
types of pollution hazards
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 permits1
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 permits2
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
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
s pending limitations
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 difficulties1
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 permits3
Interim Permits -
  • In the end our goal is to find problems and fix them.