Section 327IAC15-16-5. Application requirements

   (a) The owner or operator of a CAFO must submit all of the following to the department:

(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) The NPDES permit application fee of fifty dollars ($50) required by IC 13-18-20-12. If this fee is not submitted, the permit application must be denied as provided in IC 13-18-20-12(b).

(3) The individual NPDES CAFO permit application fee of two hundred fifty dollars ($250) required by IC 13-18-20-11.5.

(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 or manure containment capacity, the owner or operator must:

(1) obtain a separate construction approval under 327 IAC 19 by submitting:

(A) an application in accordance with 327 IAC 19-7-1; and

(B) the fee of one hundred dollars ($100) required by IC 13-18-10-2(a)(5); and

(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. (Water Pollution Control Division; 327 IAC 15-16-5; filed Feb 6, 2012, 2:50 p.m.: 20120307-IR-327090213FRA, eff Jul 1, 2012)