| Permits
may be obtained by applying through the local DEQ
regional office. A fee based on the one-time animal unit
capacity of the facility must be submitted with the permit application.
DEQ recommends the applicant participate in a pre-application conference
with a DEQ representative to discuss application requirements and
procedures. As part of the application, the owner must submit a
written estimate of closure costs and evidence of financial assurance
to cover remediation and closure cost estimates. A complete list
of approved financial assurance mechanisms can be found in the swine
and poultry rules at IDAPA
58.01.09.205.02.
Within
30 days of receiving a permit application, DEQ will notify the applicant
in writing as to whether or not the application met all requirements.
If all requirements are not met, DEQ will return the application
to the applicant with a complete list of deficiencies. The applicant
may then choose to apply again.
DEQ
will notify the owner if the application is determined complete.
Within 30 days of this notice, DEQ will determine if the facility
is environmentally suitable for the selected location. In making
the decision, DEQ will review the location of the facility relative
to flood zones, dwellings, wells, surface and ground water, and
other items. The applicant will be sent a written notice of DEQ's
determination and a copy will be sent to the appropriate county
and city officials.
A
draft permit or permit denial will be sent to the applicant within
60 days of the environmental suitability determination for the proposed
location.
DEQ
may deny a permit application if:
- The
application is inaccurate.
- The
appropriate county or city does not approve the location.
- The
facility cannot meet the requirements set forth in the rules or
cannot be constructed, operated, and closed in a manner that protects
human health and the environment.
- The
owner of a facility is not in substantial compliance with a final
agency order or any final order or judgement of a court secured
by any state or federal agency relating to the operation of a
facility.
The
draft permit will specify conditions of construction, operation,
and closure. DEQ will provide a public notice of its issuance of
a draft permit and the public will have the opportunity to provide
written comments. Within its discretion, DEQ may provide an opportunity
for the public to provide oral comments.
Before
obtaining a final permit, the applicant must receive final approval
for the location of the facility from the appropriate county or
city and a water right from the Idaho Department of Water Resources.
A
final permit will be issued within 60 days of issuance of the draft
permit. The entire permitting process takes a maximum of 180 days.
The
permit will be effective for a maximum of five years and may be
reissued upon submitting an updated application and demonstrating
compliance with the rules and permit conditions existing at the
time of reissuance. If a permittee fails to begin construction or
expansion of a facility within two years of the effective date of
a permit, DEQ may void the permit and require a new application.
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