Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-6B-5 - Permits and Design Plans5.1. All operators of a storage facility shall obtain and post a valid Fertilizer Storage Facility Permit prominently at the local office of the storage facility. One permit may apply to a storage facility that stores both dry bulk and fluid fertilizer.5.2. Prior to the construction of primary or secondary storage, all persons shall obtain a Fertilizer Storage Facility Permit from the commissioner. The application shall be made at least thirty (30) days prior to the beginning of construction of the facility for firms that are not in operation on the effective date of this rule or within six (6) months of the effective date of this rule for any person operating a storage facility on the effective date of this rule. 5.3 Any person seeking to renew the Fertilizer Storage Facility Permit shall apply for a renewal within fifteen (15) days of the expiration date of the permit.5.4. The commissioner shall furnish application forms containing the following information: the corporate or company name; the location; the mailing address; the phone number; the operator's name; the owner's name; and any other information relevant to the containment of bulk fertilizers.5.5. The operator or his licensed representative shall sign and date each application under oath.5.6. The commissioner shall issue a non-transferable Fertilizer Storage Facility Permit to each person meeting the requirements of this section. Each permit shall expire on June 30 following the date of issue.5.7. The commissioner may deny any application for a Fertilizer Storage Facility Permit whenever the permit has been applied for fraudulently, the applicant has grossly interfered with the duties of the commissioner or the applicant is determined to be not in compliance with, or not able to comply with these rules.5.8. The commissioner may suspend or revoke a Fertilizer Storage Facility Permit whenever the commissioner finds that a hazard to the environment exists, the permit has been obtained fraudulently, the holder has grossly interfered with the duties of the commissioner or the permit holder has been dishonest, deceitful, incompetent or has not complied with or is unable to comply with the provisions of this rule. Any person whose Fertilizer Storage Facility Permit has been suspended or revoked shall immediately discontinue all operations covered under the permit. 5.8.1. The permit holder may resume operations covered by the Fertilizer Storage Facility Permit without reapplication for a permit at the end of the suspension period.5.8.2. The permit holder must reapply for a permit following a revocation.5.9. All persons with Fertilizer Storage Facility Permits shall submit design plans and specifications for construction to the commissioner thirty (30) days prior to the start of construction. All persons operating a storage facility on the effective date of this rule shall (within twelve (12) months of the effective date of this rule) submit a description of the current facility and plans to bring the facility into compliance. 5.9.1. The commissioner may allow deviation from these specifications when they are clearly indicated on the design plans and a registered engineer certifies that the design plans and specifications will not reduce the effectiveness of the facility to protect groundwater.5.9.2. The commissioner shall review all design plans and specifications and notify the person promptly when the plans do not comply with these rules. The review of these plans by the commissioner does not eliminate the responsibility of the operator for constructing and maintaining a facility that will protect the groundwater of this state.5.10. Any person submitting design plans and specifications shall notify the commissioner promptly of any change to the design plans and specifications before proceeding with construction in accordance with the change.