Text: HF02326 Text: HF02328 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 331.411 CONFINEMENT FEEDING
1 2 OPERATIONS.
1 3 1. As used in this section:
1 4 a. "Confinement swine feeding operation" means an animal
1 5 feeding operation in which swine are confined to areas which
1 6 are totally roofed.
1 7 b. "Construction permit" means a permit issued by the
1 8 department for the construction of a structure, device, or
1 9 practice.
1 10 c. "Consulting engineer" means a professional engineer
1 11 serving the county as an employee or pursuant to a contract.
1 12 d. "Department" means the department of natural resources.
1 13 e. "Professional engineer" means an engineer registered
1 14 pursuant to chapter 542B.
1 15 f. "Structure, device, or practice" means an animal
1 16 feeding operation structure, including an anaerobic lagoon,
1 17 earthen manure storage basin, formed manure storage structure,
1 18 or any related pollution control device or practice, which is
1 19 part of a confinement swine feeding operation regulated by the
1 20 department of natural resources.
1 21 2. A person shall not receive a construction permit from
1 22 the department, unless the application is recommended for
1 23 approval by the county engineer or a consulting engineer
1 24 serving the county in which the structure, device, or practice
1 25 is to be located. The county may waive any right to receive
1 26 an application for further comment prior to approval by the
1 27 department.
1 28 Within fourteen calendar days after receipt of the
1 29 application by the county, the county engineer or the
1 30 consulting engineer shall either recommend the approval or
1 31 disapproval of the application and forward the application to
1 32 the department as required by the department. An application
1 33 which is not received by the department in a timely manner
1 34 shall be deemed to be recommended for approval by the county
1 35 engineer or consulting engineer.
2 1 3. The application shall include preliminary drawings and
2 2 specifications required by the county engineer or consulting
2 3 engineer. The application must be certified by the
2 4 applicant's professional engineer. The county engineer or
2 5 consulting engineer shall conduct a technical review of the
2 6 application to ensure that the construction does not violate
2 7 state law, including rules adopted by the department of
2 8 natural resources, and addresses criteria required by the
2 9 county engineer or consulting engineer, including the
2 10 environmental sensitivity of the site, the area's soil
2 11 condition, the proximity of the structure or practice to
2 12 surface water, the level of the area's water table, the
2 13 potential for flooding, and drainage.
2 14 4. If the department approves the application, the permit
2 15 shall be conditioned upon inspection of the construction by
2 16 the county engineer or consulting engineer during each phase
2 17 of construction. Any changes in the construction shall be
2 18 approved by the county engineer or consulting engineer, and
2 19 noted on final as-built drawings and specifications which
2 20 shall be filed by the county. A copy of the approved final
2 21 as-built drawings and specifications shall be forwarded to the
2 22 department for filing.
2 23 5. The department shall annually reimburse each county for
2 24 an amount expended by the county in recommending the approval
2 25 or disapproval of a construction permit prior to departmental
2 26 approval. The reimbursement shall be made according to rules
2 27 adopted by the department. An applicant shall reimburse the
2 28 county for the amount expended by the county in inspecting
2 29 each phase of construction, and approving final as-built
2 30 drawings and specifications for the construction.
2 31 EXPLANATION
2 32 This bill provides for the issuance of construction permits
2 33 for an animal feeding operation structure, including an
2 34 anaerobic lagoon, earthen manure storage basin, formed manure
2 35 storage structure, or any related pollution control device or
3 1 practice, which is part of a confinement swine feeding
3 2 operation regulated by the department of natural resources.
3 3 The bill prohibits a person from receiving a construction
3 4 permit, unless the county engineer or a professional engineer
3 5 serving the county recommends the approval of the permit to
3 6 the department. The bill provides that the application must
3 7 include preliminary drawings and specifications. In addition,
3 8 the bill requires the application be certified by the
3 9 applicant's professional engineer. The application is
3 10 required to ensure that the construction does not violate
3 11 state law, including rules adopted by the department of
3 12 natural resources, and addresses criteria required by the
3 13 county engineer or other professional engineer serving the
3 14 county. The bill provides that once the department approves
3 15 the application, the permit is conditioned upon inspection of
3 16 the construction by the professional engineer serving the
3 17 county during each phase of construction. The bill requires
3 18 the department to annually reimburse each county for an amount
3 19 expended by the county in approving or disapproving a permit
3 20 prior to departmental approval. The bill requires an
3 21 applicant to reimburse the county for the amount expended by
3 22 the county in inspecting each phase of construction, and
3 23 approving final as-built drawings and specifications for the
3 24 construction.
3 25 LSB 4083YH 76
3 26 da/cf/24.2
Text: HF02326 Text: HF02328 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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