Section 327 IAC 19-16-2 - Reduction in size of the operationAuthority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC 13-30
Sec. 2.
(a) A CFO may be removed from the regulated confined feeding approval program, but continue to operate as a smaller operation, if:(1) the department has received a request from the owner/operator to be removed from the program and confirming that the CFO has and maintains fewer animals than the definition of CFOs in 327 IAC 19-2-7; and(2) approved by the commissioner based on a review of the criteria in subsection (b).(b) The commissioner shall review the following criteria in determining if a request to exit the confined feeding approval should be approved:(1) The number of animals at the CFO.(2) Past enforcement actions relative to any discharges and current compliance with any outstanding violations.(4) Appropriate decommissioning per the requirements in 327 IAC 19-15-2(a) of any manure storage facilities that will no longer be used.(5) Existence of any conditions that pose a threat to human health or the environment.(c) The commissioner shall send the owner/operator a letter of confirmation when the department has verified that the requirements of subsection (a) have been met.(d) For a CFO that has been removed from the CFO approval program under subsection (a), the owner/operator must submit a new application under this article to again operate a CFO as defined in 327 IAC 19-2-7.Water Pollution Control Board; 327 IAC 19-16-2; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012