| 2. Criteria for issuing permits; rulemaking. An applicant |
for a permit required under this section must submit to the |
commissioner a nutrient management plan that meets the |
requirements established pursuant to section 4204. A nutrient |
management plan submitted in accordance with this subsection is |
confidential and is not a public record as defined in Title 1, |
section 402, subsection 3. Prior to issuing a permit, the |
commissioner or a designee of the commissioner shall inspect the |
operation and determine that the operation is in compliance with |
the nutrient management plan. The commissioner may issue a |
provisional permit in accordance with subsection 3. The |
commissioner shall adopt rules in accordance with Title 5, |
chapter 375 to establish a process for application review and |
issuing permits required under this section. The rules may |
establish permit application fees, inspection requirements and |
procedures for review by the board of permitting decisions. |
Rules initially adopted pursuant to this section are major |
substantive rules as defined in Title 5, chapter 375, subchapter |
II-A. After July 1, 1999, rules adopted pursuant to this section |
are routine technical rules as defined in Title 5, chapter 375, |
subchapter II-A. |