RESPONDENTS FACILITY DOES NOT HAVE ADEQUATE LIVESTOCK WASTE CONTROL FACILITIES TO PREVENT THE DISCHARGE OF MANURE, LITTER, AND PROCESS WASTE WATER INTO THE NORTH FORK OF THE ELKHORN RIVER AND ITS TRIBUTARIES. RESPONDENTS HAVE NOT APPLIED FOR A NPDES PERMIT FOR THE FACILITY. RESPONDENT IS REQUIRED TO SUBMIT AN APPLICATION FOR A NPDES PERMIT TO NDEQ.