Part 1 received
The Part 1 application is the applicant’s notice to the NRCB that they will be submitting an application to expand an existing CFO or construct a new one. When the Part 1 application is received, the approval officer establishes the minimum distance separation (MDS) and provides the municipality with a copy of the application.
Part 2 received
The applicant must submit their completed Part 2 application within six months of submitting the Part 1. They may ask for an extension of up to six months to submit their Part 2. If the application is not submitted within six months, and the applicant did not request and was not granted an extension, the applicant must re-submit their Part 1 application. The MDS is reset as of the date the NRCB receives the new Part 1.
The application is deemed complete when all technical requirements are met. If the applicant needs to provide more information before the application can be deemed complete, they may request an extension of up to six months. When the application is deemed complete, the approval officer begins to process the application, and to track the number of working days to decision release. The approval officer:
- sends a copy of the deemed complete application to the municipality and other referral agencies, as relevant to the application.
- issues public notice and sends courtesy letters to parties within the directly affected party notification range for approval and registration-sized applications (if the municipality is able to provide their contact information). The parties are given 20 working days to respond to the application by submitting a statement of support or concern. (Public notice is not required for authorizations.)
- may meet with the applicant to discuss the referral agency responses or statements of concern. The applicant may need to provide more information to respond to the concerns. Some applicants decide to revise their application in response to the concerns raised.
- reviews the technical details of the application to ensure it meets the requirements of AOPA. The approval officer also conducts environmental risk screenings of the existing and proposed facilities to determine if they could pose a risk to groundwater and surface water, and confirms the application’s consistency with the land use provisions in the municipality’s land use plan. The approval officer then determines what conditions or exemptions may apply.
The approval officer finalizes the technical review document and writes the decision summary and permit.
- The decision summary explains how the application meets or doesn’t meet the requirements of the act; examines and responds to issues raised by referral agencies or statements of concern; explains how the application does or doesn’t comply with the land use provisions in the municipal development plan; addresses technical issues and the reasons for exemptions; and explains what conditions will be attached to the permit, if any, and why.
- The permit states the permitted facilities and livestock species and numbers, the conditions that are attached to the permit, the construction deadline, and the requirement for a post construction inspection. The permit also consolidates any previously-issued permits.
- The technical review document provides the detailed record of the environmental risk assessments and other technical aspects of the review.
The approval officer contacts the applicant to review the permit and any conditions attached to the permit, including the need for a post-construction inspection and timeline for the inspection.
A copy of the decision, permit and technical document is provided to the applicant, and the municipality. All of the decision documents are posted on the NRCB website.
All parties have 15 working days to submit a request for review to the Board of the NRCB if they wish to appeal the approval officer’s decision. The number of working days to issue a decision are calculated and recorded.