North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-07 - Permit application content and procedures

Current through Supplement No. 393, July, 2024
1. Any new or
				existing facility that is proposing an increase in the number of animals above
				the level allowed in the current permit or above the level at which a permit is
				required under section
				33-16-03.1-05
				shall apply for and obtain a state animal feeding operation permit prior to
				construction or expansion. Any facility that is proposing to expand the
				production area, or update or change the manure handling system, and which
				requires a permit under section
				33-16-03.1-05,
				shall apply for and obtain a state animal feeding operation permit prior to
				construction.
2. Application forms
				for state animal feeding operation permits are available from the department.
				An operator shall furnish information requested by the department that is
				consistent with this chapter. The department will not process an application
				unless all of the necessary information is provided. The information within or
				attached to an application must include the following:
a. The owner's and operator's name and
				mailing addresses.
b. The
				facility's legal location and mailing address.
c. A topographic map of the area where the
				facility is or proposes to be located and showing the specific production
				area.
d. Specific information about
				the number, size, and type of animals proposed for the facility; the number of
				days per year animals will be handled; and the type of confinement (open or
				housed under roof).
e. The type of
				containment and storage (anaerobic lagoon, roofed storage shed, ponds,
				under-floor pits, aboveground storage tanks, underground storage tanks,
				concrete pad, impervious soil pad, water spreading system, other) and total
				capacity for manure, litter, and process wastewater storage (tons or gallons),
				or other measures to meet department requirements to prevent discharge of
				pollutants to waters of the state.
f. The total number of acres under control of
				the applicant and available for land application of manure, litter, or process
				wastewater.
g. Estimated amounts of
				manure, litter, and process wastewater generated per year (tons or
				gallons).
h. Estimated amounts of
				manure, litter, and process wastewater transferred to other persons per year
				(tons or gallons).
i. Designs,
				including location, for all manure storage and water pollution control
				structures and site-specific background information as specified in the North
				Dakota Livestock Program Design Manual. Design plans developed by anyone other
				than the facility owner must be signed by the engineer who prepared or
				supervised the preparation of the plans under North Dakota Century Code chapter
				43-19.1.
j. Site-specific
				information on topography, surface water, ground water, and soil
				geology.
k. A nutrient management
				plan or information related to a nutrient management plan as specified in
				subsections 4 and 5 of section
				33-16-03.1-08.
l. The signatures of individuals responsible
				for the animal feeding operation.
m. A description of how animal mortalities
				will be handled and disposed of by the facility operator.
In preparing an application, the operator shall follow the
				  North Dakota Livestock Program Design Manual.
The operator of an existing animal feeding operation may
				  reference any information previously submitted to the department rather than
				  resubmitting it. Existing information shall be updated if changes to the
				  operation have been made since the prior application.