603-074-0018 Construction Requirements (1) For existing operations not previously permitted, in lieu of Department approval of plans and specifications as required by OAR 340-051-0015, the Department will accept certification by a licensed engineer that waste water control facilities specified in subsection (1)(a) of this rule were designed and constructed in compliance with OAR 340-051-0055 through 340-051-0070. (a) Certifications may only be made for: (A) Earthen impoundments, conveyances, and animal holding areas; (B) Earthen-floored buildings and animal travel lanes between buildings in the production area; and (C) Primary storage structures for liquid and solid manure and process wastewater. For the purpose of this paragraph, a primary storage structure is any storage structure intended to hold an operation’s waste for a period of five or more days. (b) Certifications must be submitted on forms approved by the Department. (c) Certification in lieu of Department approval is not allowed for waste water control facilities using experimental or unproven treatment methods or technology and may be disallowed for any other facility if the Department determines that the nature of the facility or operation is such that Department review is needed to ensure protection of waters of the state. (2) Exclusion from Department Approval: Construction or modification of waste water control facilities, other than impoundments, conveyances, holding areas, buildings and animal travel lanes within the production area, and primary storage structures, are not subject to design or post-construction review and approval requirements unless the Department determines that the nature of the facility is such that review is needed to ensure protection of waters of the state. (3) Prior to constructing or substantially modifying a CAFO or waste water control facility at a CAFO, a construction approval package must be submitted to the Department, consisting of: (a) A Construction Approval Request (CAR) form, (b) Site map sufficient to detail the location of the proposed structures in the production area, the direction of manure or process wastewater flow, and stormwater diversion features, (c) Updated NMP that incorporates the proposed systems and meets all NMP requirements including updated or anticipated calculations with the proposed facility changes, and (d) Operation and maintenance documents for each of the structures listed in (4)(b) to be included in the updated NMP. (4) Construction may not commence until the permittee is in receipt of a signed construction approval letter from ODA. Any notice of disapproval will contain itemized deficiencies. The Department may only issue signed approval upon receipt of: (a) A complete construction approval package matching permit requirements, and (b) Engineer stamped plans, by an engineer licensed in the state of Oregon, for, but not limited to: liquid storage systems to include lagoons, ponds, settling basins, and below ground storage and transfer tanks. Technical specifications of a prefabricated structure may be accepted in lieu of engineer stamped plans. (5) Pre-population Inspections: (a) The following CAFOs are subject to a pre-population inspection: (A) A new or expanding CAFO that applies for a permit on or after July 27, 2023, (B) A large CAFO that renews its permit on or after July 1, 2024, and (C) A small and medium CAFO that renews its permit on or after July 1, 2025. (b) After being issued a permit under ORS 468B.050, a permittee may not introduce animals to newly constructed facilities of a permitted CAFO, subject to a pre-population inspection, without an order from the Department under this section that authorizes the introduction of animals. (c) Once construction at a CAFO that is subject to pre-population inspection is complete, the permittee shall notify the Department that it wishes to bring animals to newly constructed facilities, request a Department inspection, and respond to any requests from the Department for additional information under subsection (5)(c)(B) of this rule within 30 days of receipt of a request. The Department: (A) Will inspect the CAFO; (B) May request additional information from the permittee to allow the Department to analyze whether the construction and installation of any systems to manage wastes including waste water control facilities and relevant operational functions of the CAFO comply with CAFO permit conditions; and (C) Will issue an order that either approves or denies the request to bring animals to newly constructed facilities. The Department shall approve the request if the Department concludes that the construction and installation of any systems to manage wastes including waste water control facilities and relevant operational functions of the CAFO comply with CAFO permit conditions. If the Department is unable to conclude that the construction and installation of those systems of the CAFO comply with CAFO permit conditions, the Department shall issue an order of disapproval with itemized deficiencies. Statutory/Other Authority: ORS 468.020 & 468B.200 - 468B.230 Statutes/Other Implemented: ORS 468.005, 468B.050, 468B.055, 468B.205 & 468B.215 History: DOA 19-2024, amend filed 09/25/2024, effective 09/25/2024 DOA 30-2003, f. 9-11-03, cert. ef. 10-1-03