Text: HF02193 Text: HF02195 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.173, subsection 13, Code 1 2 Supplement 1995, is amended to read as follows: 1 3 13. a. Adopt, modify, or repeal rules relating to the 1 4 construction or operation of animal feeding operations. The 1 5 rules shall include, but are not limited to, minimum manure 1 6 control requirements, requirements for obtaining permits, and 1 7 departmental evaluations of animal feeding operations. The 1 8 department shall not require that a person obtain a permit for 1 9 the construction of an animal feeding operation structure, if 1 10 the structure is part of a small animal feeding operation. 1 11 b. The department shall collect an indemnity fee as 1 12 provided in section 204.3 prior to the issuance of a 1 13 construction permit. The department shall deposit moneys 1 14 collected in indemnity fees in the manure storage indemnity 1 15 fund created in section 204.2. 1 16 c. The department shall not approve a permit for the 1 17 construction of three or more animal feeding operation 1 18 structures unless the applicant files a statement approved by 1 19 a professional engineer registered pursuant to chapter 542B 1 20 certifying that the construction of the animal feeding 1 21 operation structure will not impede the drainage through 1 22 established drainage tile lines which cross property boundary 1 23 lines unless measures are taken to reestablish the drainage 1 24 prior to completion of construction.The department shall1 25deposit moneys collected in indemnity fees in the manure1 26storage indemnity fund created in section 204.2.1 27 d. The department shall issue a permit for an animal 1 28 feeding operation, if an application is submitted according to 1 29 procedures required by the department, and the application 1 30 meets standards established by the department, regardless of 1 31 whether the animal feeding operation is required to obtain 1 32 such a permit. An applicant for a construction permit shall 1 33 not begin construction at the location of a site planned for 1 34 the construction of an animal feeding operation structure, 1 35 until the person has been granted a permit for the 2 1 construction of the structure by the department. The 2 2 department shall make a determination regarding the approval 2 3 or denial of a permit within sixty days from the date that the 2 4 department receives a completed application for a permit. 2 5 However, the sixty-day requirement shall not apply to an 2 6 application, if the applicant is not required to obtain a 2 7 permit in order to construct an animal feeding operation 2 8 structure or to operate an animal feeding operation. The 2 9 department shall deliver a copy or require the applicant to 2 10 deliver a copy of the application for a construction permit 2 11 and the applicant's manure management plan to the county board 2 12 of supervisors in the county where the confinement feeding 2 13 operation or confinement feeding operation structure subject 2 14 to the permit is to be located. The board may file the 2 15 application and the manure management plan, as provided in 2 16 section 455B.203, with the county recorder, and require that 2 17 the applicant submit a filing fee. The department shall not 2 18 approve the application or issue a construction permit until 2 19 thirty days following delivery of the application to the 2 20 county board of supervisors. The department shall consider 2 21 comments from the county board of supervisors, regarding 2 22 compliance by the applicant with the legal requirements for 2 23 the construction of the confinement feeding operation 2 24 structure as provided in this chapter, and rules adopted by 2 25 the department pursuant to this chapter, if the comments are 2 26 delivered to the department within fourteen days after receipt 2 27 of the application by the county board of supervisors. 2 28 e. Prior to granting a permit to a person for the 2 29 construction of an animal feeding operation, the department 2 30 may require the installation and operation of a hydrological 2 31 monitoring system for an exclusively earthen manure storage 2 32 structure, if, after an on-site inspection, the department 2 33 determines that the site presents an extraordinary potential 2 34 for groundwater pollution. 2 35 f. A person shall not obtain a permit for the construction 3 1 of a confinement feeding operation, unless the person develops 3 2 a manure management plan as provided in section 455B.203. 3 3 g. The department shall not issue a permit to a person 3 4 under this subsection if an enforcement action by the 3 5 department, relating to a violation of this chapter concerning 3 6 a confinement feeding operation in which the person has an 3 7 interest, is pending. The department shall not issue a permit 3 8 to a person under this subsection for five years after the 3 9 date of the last violation committed by a person or 3 10 confinement feeding operation in which the person holds a 3 11 controlling interest during which the person or operation was 3 12 classified as a habitual violator under section 455B.191. The 3 13 department shall conduct an annual review of each confinement 3 14 feeding operation which is a habitual violator and each 3 15 confinement feeding operation in which a habitual violator 3 16 holds a controlling interest. The department shall notify 3 17 persons classified as habitual violators of their 3 18 classification, additional restrictions imposed upon the 3 19 persons pursuant to the classification, and special civil 3 20 penalties that may be imposed upon the persons. The notice 3 21 shall be sent to the persons by certified mail. 3 22 EXPLANATION 3 23 This bill amends section 455B.173, which, in part, provides 3 24 that the department of natural resources must grant a 3 25 construction permit for animal feeding operations. The 3 26 section provides that a person cannot obtain a permit for the 3 27 construction of a confinement feeding operation structure, 3 28 unless the person develops a manure management plan. The 3 29 section also provides that the department must deliver a copy, 3 30 or require the applicant to deliver a copy, of the application 3 31 to the county board of supervisors in the county where the 3 32 confinement feeding operation structure, subject to the 3 33 permit, is to be located. 3 34 This bill provides that the department or the applicant 3 35 must submit a copy of the manure management plan to the county 4 1 board of supervisors, and that the board may file the 4 2 application and the manure management plan with the county 4 3 recorder. The bill also provides that the county may require 4 4 the applicant to pay a filing fee. 4 5 LSB 3511YH 76 4 6 da/jw/5
Text: HF02193 Text: HF02195 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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