JJ Farms, Inc.

NOTICE OF INTENT TO REVOKE A STATE OPERATING PERMIT Nebraska Department of Environment and Energy NPDES and State Permits Section Permits and Engineering Division Lincoln, Nebraska The Nebraska Department of Environment and Energy (Department) is issuing notice to provide an opportunity for any interested person to submit written comments, objections, and/or hearing requests concerning the revocation of a State Operating Permit issued to the following concentrated animal feeding operation (CAFO). The Public Comment period will run from May 14, 2025 through June 16, 2025 The Department proposes to revoke the State Operating Permit issued to JJ Farms, Inc. CAFO located in the N ½, NW ¼, Section 06, Township 06N, Range 11E in Johnson county. This proposed revocation is based on an inspection conducted by Department representatives in accordance with the Nebraska Livestock Waste Management Act and Title 130, Livestock Waste Control Regulations. At the time of inspection, the CAFO had cleaned and closed the LWCF (Livestock Waste Control Facilities) and land applied or stockpiled the livestock waste. The inspection revealed no evidence that the CAFO had discharged pollutants to waters of the State and determined it is not likely that such a discharge might occur. As a result, the Department deems the operation eligible for an exemption from permitting requirements upon revocation of the permit. Revocation of this permit by the Department does not relieve the operation of other duties and responsibilities under the Nebraska Environmental Protection Act, the Nebraska Livestock Waste Management Act or Title 130. Principally, the operation is responsible for preventing any discharge of livestock waste to waters of the State. Violations of state regulations could result in fines, civil or criminal penalties or removal of the livestock from the operation. If, in the future, the CAFO would seek to expand or modify its current operating style, they must first request an inspection by the Department prior to starting construction or implementing any modifications. The compliance inspection report, fact sheet and other public information are available for review and copying between 8:00 a.m. and 5:00 p.m. (CT), weekdays, excluding holidays at the Department's Telephone (402) 471-2186; FAX: (402) 471-2909; or E-Mail: ndee.records@nebraska.gov. Individuals requiring special accommodations or alternate formats of materials should notify the Department by calling (402) 471-2186. TDD users should call (800) 833-7352 and ask the relay operator to call the Department at (402) 471-2186. Please include the above name and legal description of the concentrated animal feeding operation. All comments received during the public comment period will be considered in the final decision for revocation of the State Operating Permit. A request for a public hearing must be submitted in writing and must state the nature of the issues proposed to be raised at a hearing. A determination to hold a hearing will be based on factual environmental or regulatory considerations. All public comments and requests for hearings may be submitted in writing to: NPDES and State Permits Section, Nebraska Department of Environment and Energy, 245 Fallbrook Blvd. Suite 100, Lincoln, Nebraska 68521. The Nebraska Department of Environment and Energy (NDEE) does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and NDEE does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in or oppose action protected/prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights. FACT SHEET INTENT TO REVOKE STATE OPERATING PERMIT In accordance with Title 115, Rules of Practice and Procedure, the Nebraska Department of Environment and Energy (Department) intends to revoke a State Operating Permit issued to the concentrated animal feeding operation (CAFO) listed below. The Department has determined that this CAFO shall no longer be subject to the permit requirements described in Title 130, Livestock Waste Control Regulations. The basis for such a determination is provided below. Name of Operation JJ Farms, Inc. Authorized Representative Jim L Klaasmeyer Address City/State/Zip Code 2456 R Road Burr, NE 68324-8831 Legal Description N 1/2, NW 1/4, Section 06, Township 06N, Range 11E, Johnson County Type of Permit and Issuance Date State Operating Permit issued on August 23, 1979 Animal Capacity and Type 8264 Head of Swine ≥ 55 lbs. and 1000 Head of Swine < 55 lbs. Basis for Revocation Operation closure IF THE OPERATION HAS CEASED FEEDING LIVESTOCK AND HAS PROPERLY CLOSED THE LWCF: Regulatory Requirements for any Owner or Operator seeking to resume feeding as a large or medium Animal Feeding Operation at the location described above* Any person owning or operating a large or medium animal feeding operation that does not have an NPDES permit, construction approval, operating permit or construction and operating permit and has not been notified that no permit is required shall submit an inspection request to the Department on a form provided by the Department. An inspection fee shall accompany the inspection request. Any person who owns or operates an animal feeding operation shall not:  Construct an animal feeding operation or any portion thereof prior to an inspection by the Department, unless exempted from inspection by the Nebraska Environmental Protection Act, Livestock Waste Management Act or these regulations;  Construct a livestock waste control facility without a Construction and Operating Permit or Construction Approval or not in compliance with a Construction and Operating Permit or Construction Approval issued by the Department, unless exempted from the requirements for a Construction and Operating Permit by the Nebraska Environmental Protection Act, Livestock Waste Management Act or these regulations;  Violate any provision of the Livestock Waste Management Act and regulations. End of Public Comment Period June 16, 2025 *This summary of regulatory requirements for animal feeding operation owners or operators is collected from Title 130, Livestock Waste Control Regulations, Chapter 2. This summary is not intended to be a comprehensive list of requirements, please refer to Title 130 in its entirety for a complete listing of regulatory obligations. The draft revocation letter, draft exemption letter, compliance inspection report and other public information are available for review and copying at the Lincoln office by contacting the Records Management Section, Telephone: (402) 471-3557; FAX: (402) 471-2909; or E-Mail: ndee.records@nebraska.gov. All comments received during the public comment period will be considered in the final decision on whether to revoke the permit. A request for a public hearing must be submitted in writing and state the nature of the issues proposed to be raised at a hearing. A determination to hold a hearing will be based on factual environmental or regulatory considerations. All public comments and requests for hearings may be submitted in writing to: NPDES and State Permits Section, Nebraska Department of Environment and Energy, 245 Fallbrook Blvd. Suite 100, Lincoln, Nebraska 68521. The Nebraska Department of Environment and Energy (NDEE) does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and NDEE does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in or oppose action protected/prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.