§ 11-39-103 — Compliance with rules; applicability thereof; compliance schedule; exception

(a) A person who operates a feedlot shall comply with
applicable rules of the department in accordance with the
provisions of this section. A person complies with this section
as a matter of law where no rule of the department exists.
(b) A rule of the department in effect on June 1, 1977
applies to a feedlot with an established date of operation prior
to June 1, 1977.
(c) A rule of the department applies to a feedlot with an
established date of operation subsequent to the effective date
of the rule.
(d) A rule of the department adopted after June 1, 1977
does not apply to a feedlot holding any department of
environmental quality permit and having an established date of
operation prior to the effective date of the rule until either
the expiration of the term of the permit in effect on the
effective date of the rule, or twenty (20) years from the
established date of operation of the feedlot, whichever time
period is greater.
(e) A rule of the department adopted after June 1, 1977
does not apply to a feedlot not previously required to hold a
department of environmental quality permit and having an
established date of operation prior to the effective date of the
rule for either a period of twenty (20) years from the
established date of operation of the feedlot or five (5) years
from the effective date of the rule, whichever time period is
greater.
(f) To achieve compliance with applicable rules the
department shall issue an appropriate compliance schedule, and
no other provision in this act shall be deemed to empower the
department to make any rule.
(g) This section does not apply to limit rules required
for delegation of the national pollutant discharge elimination
system permit program pursuant to the Federal Water Pollution
Control Act [Clean Water Act], title 33, United States Code,
chapter 26, as amended, and 40 Code of Federal Regulations, part
124.