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Technically Speaking
I Thought I Had a “Permit”
By Duane Gangwish
The state operating permits of small and medium animal feeding operations (AFOs) expired on Dec.31, 2005 – a result of amendments to Title 130, Livestock Waste Control Regulations. Because of steps to harmonize state and federal environmental programs, DEQ no longer issues a “state operating permit.” However, there may be circumstances where contracts, loan agreements or other legal documents are predicated on the continued existence of a state operating permit for producers owning small and medium AFOs. Nebraska Cattlemen worked hard for continuation of these permits under specific conditions.
During the 2006 legislative session, state legislators passed LB 975, which allows individuals owning or operating a small or medium AFO to request that the Department of Environmental Quality (DEQ) reinstate their state operating permits. You now have the opportunity to request reinstatement of your previous state operating permit. The request, along with a $25 filing fee, must be submitted to DEQ by Dec. 31, 2007.
As long as your operation is being maintained and operated in compliance with the conditions of the expired permit, you are eligible for reinstatement of the permit. Please refer to your previously issued state operating permit and your approved application to ensure that your current operation is in compliance with the terms of that permit. If you think you have a state operating permit and are unsure of its status, you can always contact your DEQ inspector and ask them to assist you.
However, if you are maintaining and operating your small- or medium-sized AFO in compliance with the conditions of your expired permit, you are not required to request reinstatement of the expired permit nor to obtain a permit, but make sure you understand it vaporized in 2005.
DEQ has developed a form you can use to request reinstatement of your state operating permit. When a completed request is received, DEQ can reinstate the state operating permit, but only with the same conditions and terms that existed at the time the permit expired. You can obtain a copy of the form by calling your local DEQ inspector or the main DEQ office in Lincoln at (402) 471-2186 and asking for the ag section. It is also available from the Nebraska Cattlemen office.
Small- and medium-sized AFOs with a reinstated state operating permit will not be required to pay an annual permit fee or to submit an annual report. However, any changes that have, or will, result in the current operation differing from the terms and conditions of the previously issued state operating permit may require an initial inspection request and/or a new application to be submitted, with the appropriate fees for each.
The discussion above does NOT apply to such terms as Request for Inspection, Construction Approval and Operating Permit, NPDES Permit. These are all very specific terms and have precise meanings that are different from a state operating permit.
As always, if you have questions you may contact me at (402) 475-2333 or dgangwish@necattlemen.org. Y Duane Gangwish is NC’s vice president of Environmental Issues. |