Text: HF00582 Text: HF00584 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.173, subsection 13, Code 1997, is 1 2 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 from 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 to 2 11 the county board of supervisors in the county where the 2 12 confinement feeding operation or confinement feeding operation 2 13 structure subject to the permit is to be located. The 2 14 department shall not approve the application or issue a 2 15 construction permit until thirty days following delivery of 2 16 the application to the county board of supervisors. The 2 17 department shall consider comments from the county board of 2 18 supervisors, regarding compliance by the applicant with the 2 19 legal requirements for the construction of the confinement 2 20 feeding operation structure as provided in this chapter, and 2 21 rules adopted by the department pursuant to this chapter, if 2 22 the comments are delivered to the department within fourteen 2 23 days after receipt of the application by the county board of 2 24 supervisors. 2 25 e. Prior to granting a permit to a person for the 2 26 construction of an animal feeding operation, the department 2 27 may require the installation and operation of a hydrological 2 28 monitoring system for an exclusively earthen manure storage 2 29 structure, if, after an on-site inspection, the department 2 30 determines that the site presents an extraordinary potential 2 31 for groundwater pollution. 2 32 f. A person shall not obtain a permit for the construction 2 33 of a confinement feeding operation, unless the person develops 2 34 a manure management plan as provided in section 455B.203. 2 35 g. The department shall conduct an annual inspection of 3 1 each earthen structure, including but not limited to, an 3 2 anaerobic lagoon or earthen manure storage basin, which is 3 3 used to store manure from an animal feeding operation, if the 3 4 structure is required to be constructed pursuant to a permit 3 5 issued by the department. 3 6 h. The department shall not issue a permit to a person 3 7 under this subsection if an enforcement action by the 3 8 department, relating to a violation of this chapter concerning 3 9 a confinement feeding operation in which the person has an 3 10 interest, is pending. The department shall not issue a permit 3 11 to a person under this subsection for five years after the 3 12 date of the last violation committed by a person or 3 13 confinement feeding operation in which the person holds a 3 14 controlling interest during which the person or operation was 3 15 classified as a habitual violator under section 455B.191. The 3 16 department shall conduct an annual review of each confinement 3 17 feeding operation which is a habitual violator and each 3 18 confinement feeding operation in which a habitual violator 3 19 holds a controlling interest. The department shall notify 3 20 persons classified as habitual violators of their 3 21 classification, additional restrictions imposed upon the 3 22 persons pursuant to the classification, and special civil 3 23 penalties that may be imposed upon the persons. The notice 3 24 shall be sent to the persons by certified mail. 3 25 EXPLANATION 3 26 This bill amends Code chapter 455B which provides for the 3 27 regulation of animal feeding operations. 3 28 Specifically, the bill provides that the department of 3 29 natural resources must inspect on an annual basis earthen 3 30 structures used to store manure from an animal feeding 3 31 operation, if the structures are required to be constructed 3 32 pursuant to a permit by the department of natural resources. 3 33 LSB 2593YH 77 3 34 da/sc/14.1
Text: HF00582 Text: HF00584 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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