8 CAR § 25-207. Public notice requirements for concentrated animal feeding operation (CAFO) general permits

Public notification requirements for any NPDES permit application for a proposed CAFO in Arkansas are as follows: (1) The applicant shall provide written notice by letter, certified mail, return receipt requested, to the following people: (A) Property owners adjacent to the CAFO production site and property owners adjacent to manure spreading sites; (B) The county judge of the county where the CAFO production site and any manure spreading site is located; (C) Mayors of incorporated municipalities within ten (10) miles of the CAFO production site; and (D) The superintendent of the school district that serves the CAFO production site; (2) It shall be the applicant’s responsibility to retain return receipts for the active life of the permit; (3) The division shall provide the contents of the written public notice distributed by the applicant in a form letter made available to the applicant; (4) The form letter shall include, at a minimum, the following: (A) Notice of the proposed CAFO, including the address of the production site and the name of the applicant and farm; (B) An explanation of the thirty-day public comment period and the right to comment; (C) The telephone number of a person to contact at the division with questions; (D) Directions to the division’s website, including directions regarding how an interested party may submit his or her name to receive electronic notifications regarding the sought-after CAFO permit; and (E) All letters shall include the certified mail, return receipt number; (5)(A) The applicant shall publish notice one (1) time of the proposed CAFO in the paper of the largest circulation in the county of the CAFO production site. (B) The division shall determine the form of that notice and determine the proper paper for publication; (6)(A) The applicant shall post a sign measuring at least two feet by three feet (2’ x 3’) on a public road nearest the entrance to the CAFO production site. (B) The sign shall be clearly legible and conspicuous in such a manner that passersby can clearly see from the public road the applicant’s requirements set forth in this section. (C) The division will prescribe the sign’s minimum requirements which, at a minimum, will contain the same information as that which the division requires the applicant to publish in the paper. (D) The sign shall be posted prior to any submittals to the division and shall remain in place until thirty (30) days following division approval; and (7) Applicants for a CAFO NPDES permit must certify compliance with the public notification requirements in subdivisions (1) – (6) of this section.