(c) Permit application process — Notice.

1. (1)

   1. (A) An applicant shall file a permit application on forms made available by the department.
   2. (B) The department will not process incomplete applications.

2. (2) The department shall provide public notice on the department website of the following:

   1. (A) Permit applications;
   2. (B) Draft permitting decisions; and
   3. (C) Final permitting decisions
3. (3) Public comments on draft permit decisions will be accepted beginning on the day the notice of the draft permit decision is posted until thirty (30) calendar days after the notice.
4. (4) Public hearings on draft permit decisions may be conducted at the discretion of the department.
5. (5) A permitting decision will be completed after the thirty-day public notice period.

(d) Permit modification.

1. (1) Causes for modification. Causes for permit modification include but are not limited to:

   1. (A) . Volume increase. A greater than ten percent (10%) increase in the volume of liquid animal waste, as excreted, generated by the facility over what was allowed by the original permit or the last major modification for an increase in volume; or
   2. (B) Addition of land application sites.
2. (2) When a permit is modified, only the conditions subject to modification are reopened.
3. (3) Permit modifications must be prepared in accordance with subsection (c) of this section.

(e) Minor modification of permits.

1. (1)

   1. (A) Upon receipt of written consent by the permittee, the department may modify a permit to make the changes listed in this section.
   2. (B) Such changes will be deemed a minor modification to the permit.

2. (2)

   1. (A) Modifications allowed under this section may be made administratively in compliance with this part.
   2. (B) Any modification not made under this section:

(i) Shall be deemed a major modification; and

1. (ii) Must follow the permitting requirements described in subsection (c) of this section.

2. (3) Minor modifications may only:

   1. (A) Correct typographical errors;
   2. (B) Allow for a change in ownership or operational control of a facility (transfer of the permit) where the department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the department;
   3. (C) Transfer permitted land application sites to another permit for the same manure source;
   4. (D) Allow for the addition of sites associated with a less than ten percent (10%) increase in volume of manure as excreted to provide more land to lower nutrient loadings;
   5. (E) Remove land application sites from a permit; or
   6. (F) Changes or practices not associated with a significant increase in storage volume.
3. (4) A minor modification does not require public notice.

(g) Permit fee. A permit fee, as established by the Arkansas Livestock and Poultry Division, shall be required for each permit as described below:

1. (1) Application fee, two hundred dollars ($200);
2. (2) Annual fee, two hundred dollars ($200); and
3. (3) Modification fee, two hundred dollars ($200).