(1) If the CAFO siting permit holder desires to make changes to the conditions of the CAFO siting permit that result in material changes to the project, an amended conditional use permit is required. The commission, after notice and hearing as required for an original application, and if necessary after submission of additional information, shall apply the same criteria as for granting an original application. If the change request is granted by the commission, an amended CAFO siting permit shall be issued within ten (10) days of commission approval.
(2) If the change request is denied by the commission, the CAFO siting permit holder may appeal the denial to the board. The appeals shall be governed and processed in accordance with the provisions of the CCZO 05-002, as amended.
(3) Inspection of the construction progress of the CAFO facility authorized by the CAFO siting permit shall occur as governed by the current international building code adopted by the board. For those sections for which a building code inspection is not required, inspections, if requested by the department, shall be performed by the appropriate agency having jurisdiction and reported to the director.
(4) The director shall have the authority to issue a "stop work" order for that portion of the new or expanding facility in violation of the CAFO siting permit if an inspection reveals a material violation of the terms of the CAFO siting permit or construction that does not comply with the CAFO plans as presented. All work specified in the order shall stop after posting the order. The CAFO siting permit holder owner may appeal such an order to the commission by filing an application approved by the department and paying the filing fee approved by the board by resolution.
(5) A CAFO operator may initiate operation of a new or expanded facility prior to completion of the project, provided that they have the necessary operation and nutrient management plan in place and provided that their waste management facility has passed final inspection by ISDA, or the appropriate state/federal agency having jurisdiction.
(6) After completion of the construction of the new or expanding CAFO authorized by the CAFO siting permit and completion of any approved change requests or department required compliance corrections, the applicant shall provide written proof to the director that all required permits have been obtained and the nutrient management plan approved where a responsible regulatory agency requires approval of that plan. The applicant shall provide copies of all permits and the nutrient management plan for the CAFO to the director. The director shall certify that the new or expanding CAFO has been inspected and conforms to the terms of the CAFO siting permit, with approved changes, and the CAFO siting permit holder is fully authorized to operate the new or expanded CAFO.
(7) The board may also, at any time, take immediate action to protect the public from immediate danger in accordance with the process set forth in CCZO and the local land use planning act, as amended. (Ord. 07-002, 1-18-2007)