Interim Permits - What?  Interim Permits are for the correction of pollution hazards at the feedlot facility. Facility is l ess 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 ○ * (g) – exempts facilities with less than 10 animal units in shoreland or 50 animal units from feedlot permit requirements

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 dollars Legislature (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 to

Types of Pollution Hazards  Open Lot Runoff  LMSA Failure  Unpermitted LMSA  Discharge From Barns  Feed Storage Area Runoff  Stockpile Setback Violations  Land Application Setback Violations Over-application

Interim Permits - When?

Interim Permits -  Issued for a maximum of 24 months Time frame defined in the permit May be extended by no more than 90 days  Contain a Schedule of Compliance Final compliance date = expiration date Can include interim submittal dates  Expansion Limitations Requires 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 operational Depending 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 hazards Understanding/accepting there is a problem Costs to return to compliance Can lead to a lack of cooperation  Statutory Spending Limitations MN Statute 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 forward Maintaining working relationship Keeping 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.

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