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House File 51

Partial Bill History

Bill Text

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, and
  2  8 addresses criteria required by the county engineer or
  2  9 consulting engineer, including the environmental sensitivity
  2 10 of the site, the area's soil condition, the proximity of the
  2 11 structure or practice to surface water, the level of the
  2 12 area's water table, the potential for flooding, and drainage.
  2 13    4.  If the department approves the application, the permit
  2 14 shall be conditioned upon inspection of the construction by
  2 15 the county engineer or consulting engineer during each phase
  2 16 of construction.  Any changes in the construction shall be
  2 17 approved by the county engineer or consulting engineer, and
  2 18 noted on final as-built drawings and specifications which
  2 19 shall be filed with the county.  A copy of the approved final
  2 20 as-built drawings and specifications shall be forwarded to the
  2 21 department for filing.
  2 22    5.  The department shall annually reimburse each county for
  2 23 an amount expended by the county in recommending the approval
  2 24 or disapproval of a construction permit prior to departmental
  2 25 approval.  The reimbursement shall be made according to rules
  2 26 adopted by the department.  An applicant shall reimburse the
  2 27 county for the amount expended by the county in inspecting
  2 28 each phase of construction, and approving final as-built
  2 29 drawings and specifications for the construction.  
  2 30                           EXPLANATION
  2 31    This bill provides for the issuance of construction permits
  2 32 for an animal feeding operation structure, including an
  2 33 anaerobic lagoon, earthen manure storage basin, formed manure
  2 34 storage structure, or any related pollution control device or
  2 35 practice, which is part of a confinement swine feeding
  3  1 operation regulated by the department of natural resources.
  3  2    The bill prohibits a person from receiving a construction
  3  3 permit, unless the county engineer or a professional engineer
  3  4 serving the county recommends the approval of the permit to
  3  5 the department.  The bill provides that the application must
  3  6 include preliminary drawings and specifications.  In addition,
  3  7 the bill requires the application be certified by the
  3  8 applicant's professional engineer.  The application is
  3  9 required to ensure that the construction does not violate
  3 10 state law, including rules adopted by the department of
  3 11 natural resources, and addresses criteria required by the
  3 12 county engineer or other professional engineer serving the
  3 13 county.  The bill provides that once the department approves
  3 14 the application, the permit is conditioned upon inspection of
  3 15 the construction by the professional engineer serving the
  3 16 county during each phase of construction.  The bill requires
  3 17 the department to annually reimburse each county for an amount
  3 18 expended by the county in approving or disapproving a permit
  3 19 prior to departmental approval.  The bill requires an
  3 20 applicant to reimburse the county for the amount expended by
  3 21 the county in inspecting each phase of construction, and
  3 22 approving final as-built drawings and specifications for the
  3 23 construction.  
  3 24 LSB 1572HH 77
  3 25 da/cf/24
     

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