6. Compliance date for farms becoming operational after March 31, 1998.__An owner or operator of a farm that is required to have a nutrient management plan under subsection 2 and that was not operational on March 31, 1998 shall have a nutrient management plan prepared before the farm becomes operational.__ Except as provided in subsection 8, the plan must be implemented at the time the farm becomes operational.

7. Compliance date for farms subject of verified complaint.__ When a farm is required to have a nutrient management plan under subsection 2, paragraph C, the commissioner shall establish a date by which the plan must be developed and a date for__ implementation of the plan.

8.__Variances.__The commissioner may grant a variance from the implementation date in subsection 4, 5 or 6 when the commissioner finds that implementation of the plan would cause undue hardship. A person requesting a variance shall submit a request in writing to the commissioner at least 90 days prior to the applicable implementation date.__The commissioner shall establish by rule criteria and a process for granting a variance. Factors considered must include protection of groundwater and surface water, cost of implementing the plan and availability of financial assistance to implement the plan.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.__ Notwithstanding the provisions of this subsection, a variance may not extend an implementation date beyond December 31, 2008.__A person denied a variance by the commissioner may appeal that decision to the board.

§4205. Livestock operations permit

1. Operations requiring a livestock operations permit. Beginning on May 1, 1999 January 1, 2000, a permit issued by the commissioner pursuant to subsection 2 is required for an animal feeding operation that meets one or more of the following criteria:

A. The operation is a concentrated animal feeding operation as defined by rules adopted pursuant to this section;