Authority: IC 13-14-8; IC 13-16; IC 13-18-10-4

Affected: IC 13-18-10-2; IC 13-18-20-11.5; IC 13-18-20-12; IC 13-30

Sec. 5. (a) The owner or operator, or both, of a CAFO must submit all of the following to the department:

1. (1) The application for an individual NPDES permit required by 40 CFR 122.21* and 327 IAC 5-2-3 on forms provided by the department.

2. (2) An NPDES permit application fee of fifty dollars ($50) submitted with an application for the following:

   1. (A) An initial permit.
   2. (B) Renewal of a permit.
   3. (C) Modification of a permit.
   4. (D) A permit variance.
3. If this fee is not submitted, the permit application must be denied.

4. (3) An individual NPDES CAFO permit application fee of two hundred fifty dollars ($250) in addition to the fee required under subdivision (2), for:

   1. (A) an initial NPDES CAFO permit; and
   2. (B) a renewal of an individual NPDES CAFO permit.
5. (4) A list of potentially affected persons, which includes those described in IC 13-18-10-2 and landowners or occupants of land that adjoins the land that is the subject of the permit.

(b) In addition to the requirements in subsection (a), when expanding the CAFO to increase animal capacity, manure containment capacity, or both, the person who is the owner or operator, or both, must:

1. (1) obtain a separate construction approval under 327 IAC 19 for each expansion by submitting:

   1. (A) an application in accordance with 327 IAC 19-7-1; and
   2. (B) a fee of one hundred seventy-five dollars ($175); and
2. (2) comply with the public notice and comment requirements of 327 IAC 19-8-7.

The department shall incorporate the construction approval into the NPDES CAFO permit.

(c) The department shall process the application in accordance with 327 IAC 5-3.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, IN 46204.

(Water Pollution Control Division; 327 IAC 15-16- 5; filed Feb 6, 2012, 2:50 p.m.: 20120307-IR-327090213FRA, eff Jul 1, 2012; filed Jul 12, 2017, 8:47 a.m.: 20170809-IR- 327160003FRA; filed May 23, 2022, 9:56 a.m.: 20220622-IR-327200026FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)