Text: H01424 Text: H01426 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 708 as follows: 1 2 #1. Page 18, by inserting after line 23 the 1 3 following: 1 4 "Sec. . NEW SECTION. 331.309 CONFINEMENT 1 5 FEEDING OPERATIONS – SITING ORDINANCE. 1 6 1. As used in this section: 1 7 a. "Animal feeding operation structure" means the 1 8 same as defined in section 455B.161. 1 9 b. "Animal weight capacity" means the same as 1 10 defined in section 455B.161. 1 11 c. "Confinement feeding operation" means the same 1 12 as defined in section 455B.161. 1 13 2. a. Notwithstanding section 335.2, a county may 1 14 adopt a confinement feeding operations siting 1 15 ordinance, pursuant to section 331.302. The purpose 1 16 of the ordinance shall be to allow approval of the 1 17 siting of a confinement feeding operation regardless 1 18 of whether the county has adopted an ordinance under 1 19 chapter 335. The ordinance shall authorize a county 1 20 to approve the site of the construction or expansion 1 21 of a confinement feeding operation, including 1 22 confinement feeding operation buildings and related 1 23 animal feeding operation structures in order to 1 24 preserve and protect natural resources, including 1 25 water sources and fragile environmental locations; 1 26 lessen congestion and overcrowding of confinement 1 27 feeding operations, especially near cities; and to 1 28 protect the health and welfare of the public. 1 29 b. The ordinance shall provide for methods and 1 30 procedures required for submission of proposals, 1 31 review of proposals, and approval of a site. In 1 32 administering the ordinance, the county shall 1 33 establish a confinement feeding operations siting 1 34 commission which shall review each proposal for the 1 35 construction or expansion of a confinement feeding 1 36 operation, and recommend to the county board of 1 37 supervisors that the board approve or disapprove the 1 38 proposal. The board shall appoint five members of the 1 39 commission. Four members shall not reside in a city, 1 40 and one member shall reside in a city. At least three 1 41 of the members shall be persons who are or were 1 42 actively engaged in animal agriculture. The 1 43 commission shall make its recommendation to the board 1 44 within forty-five days after the date that the board 1 45 received a complete proposal. The board shall approve 1 46 or disapprove a proposal within forty-five days after 1 47 the date that the board receives the commission's 1 48 recommendation. 1 49 c. A confinement feeding operations siting 1 50 ordinance shall not apply to a proposed confinement 2 1 feeding operation or to the proposed expansion of a 2 2 confinement feeding operation, if either of the 2 3 following apply: 2 4 (1) Only bovine or avian animals are to be 2 5 confined in the confinement feeding operation. 2 6 (2) The confinement feeding operation is to have 2 7 an animal weight capacity of less than three hundred 2 8 thousand pounds." 2 9 #2. Page 19, by inserting after line 11 the 2 10 following: 2 11 "Sec. . Section 455B.173, subsection 13, Code 2 12 1997, is amended to read as follows: 2 13 13. a. Adopt, modify, or repeal rules relating to 2 14 the construction, including the expansion, of animal 2 15 feeding operations, or the operation of animal feeding 2 16 operations. The rules shall include, but are not 2 17 limited to, minimum manure control requirements, 2 18 requirements for obtaining permits, and departmental 2 19 evaluations of animal feeding operations.The2 20department shall not require that a person obtain a2 21permit for the construction of an animal feeding2 22operation structure, ifA person must obtain a 2 23 construction permit to construct an animal feeding 2 24 operation structure which is part of or connected to a 2 25 confinement feeding operation, unless the structure is 2 26 part ofa smallan animal feeding operation which has 2 27 an animal weight capacity of less than three hundred 2 28 thousand pounds. However, unless otherwise required 2 29 by departmental rule, this paragraph does not require 2 30 a person to obtain a construction permit to construct 2 31 an animal feeding operation structure which is part of 2 32 or connected to and used exclusively by a confinement 2 33 feeding operation in which only bovine or avian 2 34 animals are confined. 2 35 b. The department shall collect an indemnity fee 2 36 as provided in section 204.3 prior to the issuance of 2 37 a construction permit. The department shall deposit 2 38 indemnity fees in the manure storage indemnity fund 2 39 created in section 204.2. 2 40 c. The department shall not approve a permit for 2 41 the construction of three or more animal feeding 2 42 operation structures unless the applicant files a 2 43 statement approved by a professional engineer 2 44 registered pursuant to chapter 542B certifying that 2 45 the construction of the animal feeding operation 2 46 structure will not impede the drainage through 2 47 established drainage tile lines which cross property 2 48 boundary lines unless measures are taken to 2 49 reestablish the drainage prior to completion of 2 50 construction.The department shall deposit moneys3 1collected in indemnity fees in the manure storage3 2indemnity fund created in section 204.2.3 3 d. The department shall issue a permit for an 3 4 animal feeding operation, if an application is 3 5 submitted according to procedures required by the 3 6 department, and the application meets standards 3 7 established by the department, regardless of whether 3 8 the animal feeding operation is required to obtain 3 9 such a permit. An applicant for a construction permit 3 10 shall not begin construction at the location of a site 3 11 planned for the construction of an animal feeding 3 12 operation structure, until the person has been granted 3 13 a permit for the construction of the structure by the 3 14 department. The department shall make a determination 3 15 regarding the approval or denial of a permit within 3 16 sixty days from the date that the department receives 3 17 a completed application for a permit. However, the 3 18 sixty-day requirement shall not apply to an 3 19 application, if the applicant is not required to 3 20 obtain a permit in order to construct an animal 3 21 feeding operation structure or to operate an animal 3 22 feeding operation. The department shall deliver a 3 23 copy or require the applicant to deliver a copy of the 3 24 application for a construction permit to the county 3 25 board of supervisors in the county where the 3 26 confinement feeding operation or confinement feeding 3 27 operation structure subject to the permit is to be 3 28 located. The department shall not approve the 3 29 application or issue a construction permit until 3 30 thirty days following delivery of the application to 3 31 the county board of supervisors. The department shall 3 32 consider comments from the county board of 3 33 supervisors, regarding compliance by the applicant 3 34 with the legal requirements for the construction of 3 35 the confinement feeding operation structure as 3 36 provided in this chapter, and rules adopted by the 3 37 department pursuant to this chapter, if the comments 3 38 are delivered to the department within fourteen days 3 39 after receipt of the application by the county board 3 40 of supervisors. Prior to granting a permit to a 3 41 person for the construction of an animal feeding 3 42 operation, the department may require the installation 3 43 and operation of a hydrological monitoring system for 3 44 an exclusively earthen manure storage structure, if, 3 45 after an on-site inspection, the department determines 3 46 that the site presents an extraordinary potential for 3 47 groundwater pollution. 3 48 e. A person shall not obtain a permit for the 3 49 construction of a confinement feeding operation, 3 50 unless the person develops a manure management plan as 4 1 provided in section 455B.203. 4 2 f. The department shall not issue a permit to a 4 3 person under this subsection if an enforcement action 4 4 by the department, relating to a violation of this 4 5 chapter concerning a confinement feeding operation in 4 6 which the person has an interest, is pending. The 4 7 department shall not issue a permit to a person under 4 8 this subsection for five years after the date of the 4 9 last violation committed by a person or confinement 4 10 feeding operation in which the person holds a 4 11 controlling interest during which the person or 4 12 operation was classified as a habitual violator under 4 13 section 455B.191. The department shall conduct an 4 14 annual review of each confinement feeding operation 4 15 which is a habitual violator and each confinement 4 16 feeding operation in which a habitual violator holds a 4 17 controlling interest. The department shall notify 4 18 persons classified as habitual violators of their 4 19 classification, additional restrictions imposed upon 4 20 the persons pursuant to the classification, and 4 21 special civil penalties that may be imposed upon the 4 22 persons. The notice shall be sent to the persons by 4 23 certified mail." 4 24 4 25 4 26 4 27 FREVERT of Palo Alto 4 28 4 29 4 30 4 31 FALLON of Polk 4 32 HF 708.510 77 4 33 da/jw/28
Text: H01424 Text: H01426 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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