01-001-565 Me. Code R. § 9

Current through 2024-51, December 18, 2024

Section 001-565-9 - Livestock Operations Permits

1.Operations Requiring a Permit

A. The owner or operator of a Concentrated Animal Feeding Operation (CAFO) shall obtain a Livestock Operations Permit (LOP) or a provisional LOP from the Commissioner.

B. The owner or operator of any animal feeding operation, who confines and feeds 300 or more animal units at any time during a year, shall obtain anLOP or a provisional LOP from the Commissioner, within 90 days of having reached the 300 or more animal unit threshold, unless that operation confined and fed that same number of animal units prior to April 15, 1998.

C. The owner or operator of any animal feeding operation shall obtain an LOP or a Provisional LOP if, based on an inspection of the operation by the Commissioner (or designee) and/or other relevent information, it is determined that there are water quality or nutient management deficiencies. The Permit must be obtained within 90 days of the date on which the Commissioner determines that a water quality or nutrient management issue exists. The owner or operator shall maintain anLOP or a provisional LOP until the Commissioner determines that the matter(s) have been resolved. The Commissioner may require that the operation maintain anLOP indefinitely according to the requirements established in §9.5 of these Rules.

2.Submission Requirements - The owner or operator of an animal feeding operation seeking an LOP shall submit the following to the Commissioner:

A. A copy of an approved NMP or CNMP for the operation for which a permit is being sought. The NMP or CNMP must meet the requirements established in §6.1 of these Rules;

B.Application Form. A completed and signed copy of the LOP Application Form as prescribed by the Commissioner. The Commissioner may request that additional information be submitted with the application form; and

C.Other Information. After the NMP, application form, and any other required information have been reviewed, the Commissioner may notify the applicant if additional information is necessary to make a determination on issuing the permit.

3.Inspection Requirements

A.Inspection of Existing Farms. Prior to issuing anLOP or a provisional LOP to an existing operation, the Commissioner (or designee) shall inspect the livestock operation to determine that it has an adequate NMP or CNMP and is following that plan, and to insure that adequate provisions have otherwise been made for the storage, handling and spreading of all nutrients generated or used on the farm. The inspection may also determine if there are or may be impacts on the environment or other uses in the area associated with manure and other nutrient management on the farm.

B.Inspection of New Operations. Prior to issuing anLOPor a provisional LOP to a proposed new livestock operation, the Commissioner (or designee) shall make a site visit to the proposed location for the livestock operation to determine that the plans for the proposed operation will adequately deal with impacts on the environment and other uses in the area. After the facility has been constructed and has been in operation for at least six months, the Commissioner (or designee) shall inspect the operation to determine that it is being managed in accordance with the NMP or CNMP submitted to the Department and to determine that adequate provisions have been made for the storage, handling and spreading of all nutrients generated or used on the farm. The inspection may also determine if there are or may be impacts on the environment or other uses in the area associated with manure and other nutrient management on the farm.

C.Inspection Items. The inspector shall, at a minimum, examine:

(1) The NMP or CNMP to determine if it is consistent with existing conditions on the farm at the time of inspection;

(2) Records (or projections for new operations) of the amount of manure produced or brought on to the farm;

(3) Records (or projections for new operations) of the amount of other nutrients produced or brought on to the farm;

(4) Storage facilities;

(5) Manure handling procedures and equipment;

(6) Spreading sites, including buffers and setbacks;

(7) Field stacking sites, if applicable;

(8) Routine and catastrophic carcass disposal plans and sites; and

(9) Location of neighbors, water bodies, wetlands, wells and any other sensitive resources or activities.

4.Application Review and Approval Process

A.Requirements for Review and Approval Process. Upon receipt of an application, NMP or CNMP, and other required information, the Department shall:

(1) Review the application, NMP or CNMP and other pertinent information as soon as practicable;

(2) Notify the applicant in writing if the application is incomplete and additional information is required;

(3) Upon completion of the review, schedule a site review or facility inspection to be conducted within 30 days of the determination of completeness, weather and site conditions permitting. Note: Inspections may not be possible during the winter, thus delaying the scheduling of the site review or inspection;

(4) Conduct the site review or facility inspection based on the inspection requirements in these Rules; and

(5) Make a determination within 30 days of site review or facility inspection, on whether to issue an LOP and what conditions will be included in the permit. The Commissioner shall issue a permit if he finds that:

(a) The NMP or CNMP is complete, correctly prepared and approved by a certified nutrient management planning specialist;

(b) The operation has adequate storage capacity for the manure that will be generated or used on the farm during the permit period;

(c) The manure storage structure(s) and stacking sites conform to the requirements of these Rules;

(d) The operation has adequate land base for the manure that will be generated or used on the farm during the permit period or that alternate uses have been identified for any surplus manure;

(e) The handling, storage and utilization of manure, feed, other nutrients, and milk room wastes will not cause an undueimpact on the environment or existing uses in the area;

(f) The operation has an adequate carcass disposal plan for handling routine and catastrophic mortalities; and

(g) The new site proposed is suitable for an animal feeding operation based on soils, slopes, location and other factors affecting sensitive resources and existing uses.

(6) Notify the applicant within 10 working days of the Commissioner's decision to issue or deny the permit.

(7) In the event that one or more of the requirements stated in §9.4(A)(5) are not met or are incomplete, the Commissioner (or designee) may issue a provisional LOP, as specified in §9.7 of these Rules.

B.CAFO Designation. The Department may consult with the DEP for designating an operation as a CAFO in situations where there are unresolved matters of water quality or nutrient management. This designation will be based on an inspection of the operation by the Commissioner (or designee) and DEP staff, and on other relevant information available to the Department. An operation designated as a CAFO under this section must apply for anLOP following the procedure outlined in §9.2 of these Rules.

C.MEPDES Requirements for CAFOs. When an operation has been defined or designated as a CAFO, the Department and DEP will jointly determine its eligibility for a MEPDES permit.

5.Issuance of anLOP

A.Permit Content. The LOP authorizes the named livestock operation to operate at the location designated in the permit for a period of 5 years from the issue date and under the conditions set forth in the permit, with which the permittee must comply. Without limitation, the permit will contain the following conditions unless the Commissioner otherwise determines:

(1) A condition that the operation must operate in accordance with the approved NMP or CNMP as submitted to the Department, unless the Commissioner otherwise prescribes, and otherwise must comply with all applicable legal requirements;

(2) A condition that the operation must prepare and submit to the Department periodic updates of the NMP or CNMP as required by these Rules;

(3) A condition that the operation must not degrade the quality of ground or surface waters through failure to properly use and maintain best management practices; and

(4) Specific conditions established by the Commissioner in order to protect the environment and other uses in the area.

B.Term of Permit. LOPs are valid for 5 years from the issue date so long as their conditions are met. Any livestock operation that is required to have a permit under these Rules must obtain a new LOP before the expiration date of the previous permit.

C.Permit Application Fee. The owner or operator of a livestock operation having fewer than 1000 animal units shall pay a permit fee of $50 at the time of submission of the application. The owner or operator of a livestock operation with 1000 or more animal units shall pay a permit fee of $200 at the time of submission of the application. Payment of these fees is applicable to any initial or renewal permit applications.

D.Effective Date. Any livestock operation requiring a permit under these Rules must have a permit and an approved NMPn or CNMPin compliance with these Rules prior to commencement of the operation whether it is a new farm or farming operation, or a new owner or operator is acquiring an existing farming operation.

6.Revocation of a Permit

A.Basis of Permit Revocation. An LOP may be revoked if:

(1) The livestock operation fails to comply with any of the conditions of the permit or with any of the relevant requirements of theNutrient Management Act, 7 MRS §4201 et seq., or the Chapter 565 Nutrient Management Rules.

(2) Any of the information upon which the permit is based is false, misleading or inaccurate.

B.Permit Revocation Notice. The Commissioner shall give the Permittee a written notice of the permit revocation immediately following a decision to revoke. The notice shall be sent by certified mail, return receipt requested, and must include:

(1) The name and address of operation whose permit is revoked;

(2) The permit number being revoked;

(3) The effective date of permit revocation;

(4) A statement or list of the reason(s) why the permit is being revoked; and

(5) A notice of the right to request a hearing in accordance with Section 9.6(C) of these Rules.

C.Hearing on Permit Revocation

(1) The Commissioner shall hold a hearing on a permit revocation when:

(a) An operation receiving a notice of revocation requests a hearing, in writing, to the Commissioner and;

(b) The request for a hearing is made no later than 30 days after receipt of the revocation notice required under §9.6(B) of these Rules.

(2) The Commissioner shall notify the operation requesting a hearing, in writing, of the date, time and location of the hearing.

(3) The hearing shall be held in accordance with the requirements of 5 M.R.S. Chapter 375 subchapter IV (Administrative Procedure Act). Evidence may be presented at the hearing that might justify reinstatement of the permit.

D.Decision. If the Commissioner finds the permit holder has complied with the requirements in §9.4. the permit shall be reinstated. The Commissioner shall notify the operation of the decision, in writing, within 30 days of the decision. The written notice shall be sent by certified mail, return receipt requested, and shall contain notice of the right to appeal the Commissioner's decision to the Nutrient Management Review Board in accordance with Section 11 of these Rules.

E.Waiver of Hearing. A permit holder aggrieved by the decision of the Commissioner to revoke anLOP may waive the hearing before the Commissioner and may appeal the decision directly to the Nutrient Management Review Board in accordance with §11 of these Rules. A waiver of the hearing before the Commissioner must be in writing and must be signed by the permit holder.

7.Provisional Livestock Operations Permit. The Commissioner may issue a provisional LOP if one or more of the submission requirements stated in § 6 of these Rules is incomplete, not submitted or does not conform to the approved NMP or CNMP for the named operation. In issuing a provisional LOP, the Commissioner shall consider existing nutrient management practices on the farm, the protection of groundwater and surface water, the cost of implementing the plan and the availability of financial assistance to implement the plan.

A.Limitations of the Provisional Livestock Operations Permit. A provisional LOPdoes not replace anLOP nor does it guarantee that anLOP will be obtained if the submission requirements for the latter are not met when the provisional LOPexpires.

B.Provisional Livestock Operations Permit Content. The provisional LOP authorizes the named livestock operation to operate at the location designated in the permit for a maximum period of one year or until all the requirements to obtain anLOP are met, whichever comes first.

C.Term of Provisional Permit. Provisional LOPs are valid for a maximum of one year from the issuance date as long as their conditions are met and actions are taken to fulfill the LOP requirements. Provisional LOPscan be renewed one time provided the extension is solely to complete and conform to submission requirements stated in §9 of these Rules. Critreria for issuance of a second provisional LOP must be consistent with §9.7 of these Rules. Any livestock operation that is required to have a permit under these Rules must obtain a provisional LOP or a new LOP before the expiration date of the previous permit.

D.Revocation of a Provisional Livestock Operation Permit.

(1) Basis for revoking provisional LOP. A provisional LOP may be revoked if:

(a) The livestock operation fails to comply with any of the conditions stated in the provisional LOP.

(b) Any of the information upon which the permit is based is false, misleading or inaccurate.

(2) The Commissioner shall follow the same procedures in revoking a provisional LOPas outlined in Section 9.6 above.

(3) The notice of revocation, hearing provisions and appeal process for a provisional LOPrevocation shall follow the same procedure for anLOPt, as described in §9.6(B) to (E) of these Rules.

01-001 C.M.R. ch. 565, § 9