OAR 603-074-0012: Permit Application Procedures

(1) Except as provided in OAR 603-074-0020 below, permits for CAFOs will be issued under the applicable provisions of OAR chapter 340, division 45. (2)(a) Before submitting an application for a permit for a new large CAFO or an expanding large CAFO, a person shall: (A) Request that DEQ or ODA schedule a preliminary consultation. (B) Participate in the preliminary consultation. (b) Before scheduling the preliminary consultation, the Department shall: (A) Notify the governing bodies of all federally recognized Indian Tribes in this state; and (B) Consult with the governing bodies of those Tribes, upon request by the governing bodies. (c) The preliminary consultation must: (A) Include the applicant, DEQ, ODA, the Oregon Water Resources Department (OWRD) and other relevant state agencies, as determined by DEQ and ODA. (B) Occur not more than 45 days after the request is received. (3) A new large CAFO that is proposed to be located in a GWMA and land applies manure, litter or process wastewater to land within the GWMA must seek coverage under an individual NPDES or individual WPCF permit. (4) A complete application for a CAFO permit consists of: an Application to Register (ATR), Land Use Compatibility Statement (LUCS), Nutrient Management Plan (NMP), Application Fee, and if applicable: (a) A signed declaration of the preliminary consultation, if the person is subject to a preliminary consultation described in subsection (2). (b) A Water Supply Plan (WSP) as described in OAR 603-074-0019, if: (A) A new or expanding CAFO applies for a permit on or after July 27, 2023, (B) A large CAFO renews its permit on or after July 1, 2024, or (C) A small or medium CAFO renews its permit on or after July 1, 2025. (c) Construction approval package as described in OAR 603-074-0018(3). (5) Once the Department receives a complete application for a CAFO permit, if applicable, the Department will issue a public notice and set a hearing under the applicable provisions of OAR chapter 340, division 45. (6) Ten days prior to issuing a public notice for a new large CAFO, the Department will inform the applicant of a new large CAFO the proposed date of the public notice period. After receiving confirmation that the Department plans to issue a public notice and set a hearing, the applicant will send individual notice of the public comment period for the permit by mail to all persons on record as owning property within one-half mile of the parcel of land on which the new large CAFO is proposed to be located.