INTERIM PERMITS

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….

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? 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 - 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 dollarsLegislature (funding)General Public

Alternative is enforcement Other?

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 Open Lot Runoff LMSA Failure Unpermitted LMSA Discharge From Barns Feed Storage Area Runoff Stockpile Setback Violations Land Application

Setback ViolationsOver-application

Interim Permits - When?

Interim Permits -

Issued for a maximum of 24 monthsTime frame defined in the permitMay be extended by no more than 90 days

Contain a Schedule of ComplianceFinal compliance date = expiration dateCan include interim submittal dates

Expansion LimitationsRequires correction of problem prior to

stocking expansion

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 operationalDepending on the pollution hazard –

immediate response is necessary to stop or prevent a discharge to waters of the state

Interim Permits - Difficulties Producers are reluctant to correct

pollution hazardsUnderstanding/accepting there is a problemCosts to return to complianceCan lead to a lack of cooperation

Statutory Spending LimitationsMN 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

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 - Difficulties Additional time commitments

Make sure project is moving forwardMaintaining working relationshipKeeping everyone involved

○ Producer, NRCS, SWCD, JPO, Engineers, Zoning Officials, BMP Loans, Etc…

Follow-up○ Project inspections○ Documentation○ Closure

Interim Permits - In the end our goal is to find problems

and fix them.

QUESTIONS