New or Expanding Facilities

New or expanding facilities with 10,000 lbs. of normal production animal live weight or less, that do not have a lagoon, storage pond or other treatment system, are excluded from obtaining a permit but must have and implement an  Animal Facility Management Plan (AFMP) that complies with the regulation. The AFMP is not submitted to DES. However, a permit may be required on a case by case basis.

New or expanding facilities with more than 10,000 lbs. and less 30,000 lbs. of normal production animal live weight, that do not have a lagoon, storage pond or other treatment system, are excluded from obtaining a permit but must have and implement an AFMP complies with the regulation. The AFMP is submitted to DES. However, a permit may be required on a case by case basis.

New or expanding facilities with a lagoon, storage pond or other treatment system, or more than 30,000 lbs. of normal production animal live weight, must have a permit. This permit will be based on the review of the AFMP.

Facilities that are not classified as commercial facilities are excluded from obtaining a permit from DES.  

Existing Facilities

Existing facilities that were permitted prior to June 28, 2002 are deemed permitted and do not need to reapply for a permit unless they have been closed for more than two years or they change their operations. If a deemed permitted facility has been closed for two years or less, it may renew operations without notifying DES. If a deemed permitted facility has been closed for more than two years but less than five years, DES must review their permit and modify its operating conditions as necessary prior to the facility going back into operation. If a facility is inactive for more than five years, the permit is considered expired, and the producer will need to apply for a new permit. If a permitted swine facility has been closed for more than five years, the producer will need to closeout any lagoon, treatment system or manure storage pond associated with the facility. 

When a deemed permitted facility adds a manure utilization area, setbacks and other requirements for manure utilization areas must be met regardless of when the facility was permitted. 

Ranged Facilities

Ranged facilities are not required to obtain a permit and an AFMP is not required. However, a permit may be a required on a case by case basis.