Iowa Code r. 567-120.4 - Landfarming applicator permits
(1)
Permit required. PCS
shall not be landfarmed without a landfarm applicator permit from the
department.
(2)
Landfarm
applicator permit. Upon issuance of a landfarm applicator permit, the
permit holder is authorized to apply PCS to the land to create one or more
landfarms. This permit requires that landfarms be used for only one application
of a particular source and type of PCS. This permit requires that no other PCS
be applied within 15 feet of the area of land used as a landfarm until the
landfarm is closed pursuant to rule
567-120.12 (455B).
(3)
Construction and
operation. Landfarms shall be constructed and operated according to
these rules, any plans and specifications approved by the department, and the
conditions of the permit. Any approved plans and specifications shall
constitute a condition of the permit.
(4)
Transfer of title and
permit. If title to a landfarm applicator permit is transferred to a
third party, then the department shall transfer the permit within 60 days if
the department has determined that the following requirements have been met:
a. The title transferee has applied in
writing to the department within 30 days of the transfer of title to request a
transfer of the permit.
b. The
permitted applicator and title transferee are in compliance with Iowa Code
chapter 455B, this chapter and the conditions of the permit.
(5)
Permit
conditions. A permit may be issued with conditions, specified in
writing by the department, that are necessary to ensure the landfarm can be
constructed and operated in a safe and effective manner, and in compliance with
Iowa Code chapter 455B and this chapter.
(6)
Effect of revocation. If
a landfarm applicator permit held by any public or private agency is revoked by
the department, then no new landfarm applicator permit shall be issued to that
agency for a minimum of one year from the date the facility was brought into
full compliance with the revocation order. Such revocation shall not prohibit
the issuance of a permit for the same landfarm project to another landfarm
application permit holder.
(7)
Inspection of site and operation. By obtaining an applicator
permit, the permitted entity agrees that the department may inspect the
facility and its operations at reasonable times to determine if the landfarm is
in compliance with this chapter and the permit requirements.
(8)
Duration of permits.
Landfarm applicator permits shall be issued and may be renewed for a three-year
term.
(9)
Request for permit
renewal. A request for permit renewal shall be in writing and filed at
least 90 days before the expiration of the current permit. If the renewal
applicant is found not to be in compliance with this chapter or the permit
requirements, then the applicant shall achieve compliance or be placed on a
compliance schedule approved by the department before the permit may be
renewed.
(10)
Request for
permit modification. Requests for permit modifications must be
submitted in writing to the department with supporting documentation and
materials.
(11)
Factors in
permit issuance decisions. The department may request that additional
information be submitted for review to make a permit issuance decision. The
department may review and inspect the facility, its agents and operators, and
compliance history. The department may review whether or not a good-faith
effort to maintain compliance and protect human health and the environment is
being made, and whether a compliance schedule is being followed. The department
may issue a permit on a trial basis.
Notes
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