Section 327IAC19-16-2. Reduction in size of the operation

   (a) A CFO may be removed from the regulated confined feeding approval program, but continue to operate as a smaller operation, if:

(1) the department has received a request from the owner/operator to be removed from the program and confirming that the CFO has and maintains fewer animals than the definition of CFOs in 327 IAC 19-2-7; and

(2) approved by the commissioner based on a review of the criteria in subsection (b).

  (b) The commissioner shall review the following criteria in determining if a request to exit the confined feeding approval should be approved:

(1) The number of animals at the CFO.

(2) Past enforcement actions relative to any discharges and current compliance with any outstanding violations.

(3) Manure inventory.

(4) Appropriate decommissioning per the requirements in 327 IAC 19-15-2(a) of any manure storage facilities that will no longer be used.

(5) Existence of any conditions that pose a threat to human health or the environment.

  (c) The commissioner shall send the owner/operator a letter of confirmation when the department has verified that the requirements of subsection (a) have been met.

  (d) For a CFO that has been removed from the CFO approval program under subsection (a), the owner/operator must submit a new application under this article to again operate a CFO as defined in 327 IAC 19-2-7. (Water Pollution Control Division; 327 IAC 19-16-2; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012)