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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
Text: HF00050 Text: HF00052 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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