Model Confined Swine Feeding Permit Developed

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Model Confined Swine Feeding Permit Developed  Posted: August 9, 2005
Application for a Permit for Siting, Construction, Operation, And Closure of Concentrated Swine Feeding Operations

Ordinance { } provides that no person shall construct or operate a concentrated swine feeding operation within the boundaries of [ ] County unless that person has first obtained a permit from the [ ] Fiscal Court or its designee authorizing the construction of the facility and establishing the terms and conditions of construction, operation, and closure of the facility. This form is adopted by the [ ] Fiscal Court for use by parties requesting a permit to engage in such activities.

To the extent that the applicant has provided plans to the Environment and Public Protection Cabinet or other agency which satisfy any of the requirements of this permit application, that information may be attached to the application for permit and reference made thereto.

The Fiscal Court reserves the right to require additional information as may be deemed necessary to allow for a reasoned determination of whether the proposed construction and operation will be consistent with this ordinance.

The dollar amounts of the insurance and bond required under the Ordinance will be established by Fiscal Court after consideration of the application, and must be posted by the applicant within 10 days after issuance of the permit or the permit shall become null and void.

Section A: Owner / Operator Information

1. Name of Each Owner or Operator of the Proposed Facility:

2. Address:

3. Legal Status: ___ Publicly-Held Corporation ___ Private Corporation ____ Limited Liability Company ____ Individual ___ Partnership ____ Other (specify)

4. List by name and mailing address, each person who will have an ownership or operational involvement in the proposed operation, including any person that has contracted for the feeding and care of the swine or who exerts any control by contract or otherwise over the manner in which the facility is designed, constructed or operated. [Note: Each person listed shall be signatory to this application, and in so signing, accepts joint and several responsibility for complying with the requirements of this permit]:

5. Location of Proposed Facility:

6. Maximum number of swine confined at any one time [count all structures and facilities to be constructed or operated by the same individual or entity, or under the control or ownership of the same entity, in the calculation of the number of swine]:

7. Is this a ____ new facility, or an ___ expansion to an existing facility.

8. List all authorizations or permits held (including permit number and date of issuance) or to be applied for in connection with the proposed facility:

Section B. Manure Management Plan

1. Please attach a detailed manure management plan, designed and certified by a trained agronomic professional, demonstrating that the manure and associated liquids will be managed so as to prevent nuisance and pollution. The plan should address the fate, partitioning, and transport of all constituents of concern associated with manure from concentrated swine feeding operations, and should include:

(a) An analysis of the suitability of the land for land application, including evaluation of soil and subsoil permeabilities;

(b) mapping and identification of the depth and extent of local aquifers,

(c) evaluation of vulnerability of groundwater resources;

(d) soil slope, erodability, and land use of proposed manure disposal site and surrounding land uses;

(e) existence of water withdrawals downstream of proposed disposal site;

(f) a description of the equipment that will be used for injection, the rate of injection, the procedures to be used to prevent releases of manure before the injector is fully engaged in the soil, the precautions that will be taken to prevent accumulations of manure in the injection zone causing anaerobic decomposition;

(g) identification of the land area that will be used for manure application over the life of the facility, with a copy of the easements or other demonstration of ownership or access to those lands sufficient to support the land application;

(h) a demonstration that the rate and manner of application will not exceed crop nutrient removal rates for the land in order to prevent buildup and runoff of nutrients (including phosphorus) beyond suggested agronomic and environmental levels. The plan should discuss the loading and cycling of nitrogen and phosphorus in order to assure that application rates will not result in excess available nutrients.

(i) Proposed limits on application of manure or disposal of wastewaters based on soil, slope and composition of wastes, and how the applicant proposes to protect areas of influence of sinkholes, wetlands, groundwater recharge areas, in proximity to surface waters and water wells. Maximum application rates must be limited to that the estimated plant available nitrogen from all sources, including past-years credits from legumes and manure, commercial fertilizers, soil organic matter, irrigation water, and nitrogen deposited from ammonia.

(j) In addition to limits on application for nitrogen and phosphorus, the applicant should address what measures will be taken to prevent accumulation of toxic concentrations of metals including copper, zinc, antibiotics, and enteric pathogens, roundworms, viruses and other biological contaminants of concern.

(k) A map indicating the location of buffer strips that will be left by all intermittent and perennial streams. Buffer strips shall be a minimum of 25 feet, however the Fiscal Court may required the buffer strips to be wider depending on slope, amount of area drained, and vegetation and soil type.

Section C: Groundwater Protection Plan

1. Please attach a detailed groundwater protection plan, designed and certified by a trained hydrologic professional, demonstrating that the facility will be sited, designed and constructed and that manure and associated liquids will be managed so as to prevent nuisance and pollution. The plan should include:

(a) Characterization of the geological setting proposed for land application of wastes from such operations; including identification of any aquifer capable of beneficial use,

(b) Quarterly monitoring or other data indicating seasonal water table elevation, quality and groundwater flow patterns,

(c) Proposed location and construction information for the groundwater monitoring wells, piezometers or other methods to be used to detect any migration of contaminants from the intended soil horizons from land application, and to detect any breach of containment of the holding pit; and

(d) A cumulative hydrologic assessment of the loading of nutrients and other pollutants of concern from the proposed facility on receiving waters, with consideration of baseline loading and maximum daily loading that the waterbody can sustain without degradation or violation of water quality standards.

Section D: Workplace Protection Plan

1. Please attach a description of the measures that will be taken to prevent health problems from worker exposure to hydrogen sulfide and ammonia.

Section E: Closure and Corrective Action Plan

1. Please attach a closure and corrective action plan which includes

(a) a description of the measures that will taken to close the facility;

(b) a description of the measures that will be taken to remove all structures and manure pits and other facilities, and to remediate any contamination, and including a cost estimate.

Section F: Setback And Control Information

1. Please describe the air scrubbing or filtration system that will be used control dust and odor emissions from the building.

2. Please provide a map at a scale of no greater than 1:200 showing the location of any confinement building, manure storage facility and soil injection site and the nearest property boundary of any individual or person who has not consented to such activities and facilities at a closer distance. If a lesser minimum setback distance than 5,000 feet is requested, please attach the written consent of the individual or person to a lesser setback distance.

3. If you are requesting that the Fiscal Court reduce the setback distance, please attach documentation describing other measures will be employed to reduce odors, airborne toxics, disease-causing organisms, and other air contaminants, and documentation that such measures will be effective in avoiding nuisance conditions on neighboring properties and preventing water pollution.

Section G. Compliance History

For each person listed in Section A4, please provide the past compliance history of such persons and of all key personnel, with state, federal and local environmental and public health statutes and regulations for this and other facilities owned, operated or controlled by the applicant or under common ownership or control. ?Key personnel” shall have the same meaning as provided in KRS 224.01-010; and the information provided in this section shall be the same as required by KRS 224.40-330(2)(b).

Section H. Public Notice

1. Please provide the location where a complete copy of this application and all supporting information has been placed on reserve for public inspection and copying.

2. Please provide a copy of the Notice of Filing that has been published in the newspaper of largest circulation of the county.

3. Please provide a copy of the certified mail receipts for notice to each adjoining and second-tier neighbors of the confinement facility and of any lands on which the manure will be disposed.


Certification (To be signed by each person listed in Section A4)

I hereby certify that, to the best of my knowledge and belief and after reasonable inquiry, each of the statements contained herein are true and accurate. I acknowledge that as a signatory to the permit application, I will assume joint and several liability for assuring compliance with the terms and conditions of the permit and of Ordinance ______.

By Kentucky Resources Council on 08/09/2005 5:32 PM
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