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Text: S03174                            Text: S03176
Text: S03100 - S03199                   Text: S Index
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Senate Amendment 3175

Amendment Text

PAG LIN
  1  1    Amend Senate File 472 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:
  1  4    "Section 1.  Section 455B.161, Code 1997, is
  1  5 amended by adding the following new subsections:
  1  6    NEW SUBSECTION.  17A.  "Qualified animal feeding
  1  7 operation structure" means an animal feeding operation
  1  8 structure other than a single-stage anaerobic lagoon
  1  9 or earthen manure storage basin.
  1 10    NEW SUBSECTION.  18A.  "Single-stage anaerobic
  1 11 lagoon" means an anaerobic lagoon that uses a single
  1 12 impoundment in the process of stabilizing organic
  1 13 wastes which are stored in the impoundment.
  1 14    Sec. 2.  Section 455B.162, unnumbered paragraph 1,
  1 15 Code 1997, is amended by striking the unnumbered
  1 16 paragraph.
  1 17    Sec. 3.  Section 455B.162, subsection 1, unnumbered
  1 18 paragraph 1, Code 1997, is amended by striking the
  1 19 unnumbered paragraph and inserting in lieu thereof the
  1 20 following:
  1 21    Except as provided in this section, the following
  1 22 tables shall apply to animal feeding operation
  1 23 structures constructed or expanded on or after May 31,
  1 24 1995, but prior to the effective date of this Act:
  1 25    Sec. 4.  Section 455B.162, Code 1997, is amended by
  1 26 adding the following new subsections:
  1 27    NEW SUBSECTION.  1A.  A single-stage anaerobic
  1 28 lagoon or earthen manure storage basin shall not be
  1 29 constructed or expanded on or after the effective date
  1 30 of this Act.  Except as provided in this section, the
  1 31 following tables shall apply to qualified animal
  1 32 feeding operation structures constructed or expanded
  1 33 on or after the effective date of this Act:
  1 34    a.  The following table represents the minimum
  1 35 separation distance in feet required between a
  1 36 qualified animal feeding operation structure and a
  1 37 residence not owned by the owner of the animal feeding
  1 38 operation, or a commercial enterprise, bona fide
  1 39 religious institution, or an educational institution:  
  1 40                                   Minimum
  1 41                                   separation 
  1 42                                   distance in
  1 43                                   feet for
  1 44                                   operations
  1 45                    Minimum        having an
  1 46                    separation     animal         Minimum
  1 47                    distance in    weight         separation
  1 48                    feet for       capacity of    distance in
  1 49                    operations     625,000 or     feet for
  1 50                    having an      more pounds    operations
  2  1                    animal         but less than  having an
  2  2                    weight         1,250,000      animal
  2  3                    capacity of    pounds for     weight
  2  4                    less than      animals other  capacity of
  2  5                    625,000        than bovine,   1,250,000 or
  2  6                    pounds for     or 1,600,000   more pounds
  2  7                    animals other  or more        for animals
  2  8                    than bovine,   pounds but     other than
  2  9                    or less than   less than      bovine, or
  2 10                    1,600,000      4,000,000      4,000,000 or
  2 11                    pounds for     pounds for     more pounds
  2 12 Type of structure  bovine         bovine         for bovine
  2 13 Multiple-stage
  2 14   anaerobic
  2 15   lagoon             1,250           1,875          2,500
  2 16 Uncovered formed
  2 17   manure storage
  2 18   structure          1,000           1,500          2,000
  2 19 Covered formed
  2 20   manure storage
  2 21   structure            750           1,000          1,500
  2 22 Confinement
  2 23   building             750           1,000          1,500
  2 24 Egg washwater
  2 25   storage structure    750           1,000          1,500
  2 26    b.  The following table represents the minimum
  2 27 separation distance in feet required between a
  2 28 qualified animal feeding operation structure and a
  2 29 public use area or a residence not owned by the owner
  2 30 of the animal feeding operation, a commercial
  2 31 enterprise, a bona fide religious institution, or an
  2 32 educational institution located within the corporate
  2 33 limits of a city:  
  2 34                                   Minimum
  2 35                                   separation 
  2 36                                   distance in
  2 37                                   feet for
  2 38                                   operations
  2 39                    Minimum        having an
  2 40                    separation     animal         Minimum
  2 41                    distance in    weight         separation
  2 42                    feet for       capacity of    distance in
  2 43                    operations     625,000 or     feet for
  2 44                    having an      more pounds    operations
  2 45                    animal         but less than  having an
  2 46                    weight         1,250,000      animal
  2 47                    capacity of    pounds for     weight
  2 48                    less than      animals other  capacity of
  2 49                    625,000        than bovine,   1,250,000 or
  2 50                    pounds for     or 1,600,000   more pounds
  3  1                    animals other  or more        for animals
  3  2                    than bovine,   pounds but     other than
  3  3                    or less than   less than      bovine, or
  3  4                    1,600,000      4,000,000      4,000,000 or
  3  5                    pounds for     pounds for     more pounds
  3  6 Type of structure  bovine         bovine         for bovine
  3  7 Qualified animal
  3  8   feeding operation
  3  9   structure           1,250           1,875          2,500
  3 10    NEW SUBSECTION.  3.  An animal feeding operation
  3 11 structure constructed prior to May 31, 1995, may be
  3 12 expanded only as provided in section 455B.163.
  3 13    Sec. 5.  Section 455B.163, unnumbered paragraph 1,
  3 14 Code 1997, is amended to read as follows:
  3 15    An animal feeding operation structure constructed
  3 16 prior to the applicability of a requirement in section
  3 17 455B.162, which does not comply with the distance
  3 18 requirements of section 455B.162 on May 31, 1995
  3 19 requirement, may continue to operate regardless of
  3 20 those separation distances the requirement.  The
  3 21 animal feeding operation may be expanded on or after
  3 22 May 31, 1995, regardless of those separation distances
  3 23 at any time, if either all of the following applies
  3 24 apply:
  3 25    Sec. 6.  Section 455B.163, Code 1997, is amended by
  3 26 adding the following new subsection:
  3 27    NEW SUBSECTION.  3.  The animal feeding operation
  3 28 structure is a qualified animal feeding operation
  3 29 structure.
  3 30    Sec. 7.  Section 455B.173, subsection 13, Code
  3 31 1997, is amended to read as follows:
  3 32    13.  a.  Adopt, modify, or repeal rules relating to
  3 33 the construction or operation of animal feeding
  3 34 operations.  The rules shall include, but are not
  3 35 limited to, minimum manure control requirements,
  3 36 requirements for obtaining permits, and departmental
  3 37 evaluations of animal feeding operations.  The
  3 38 department shall not require that a person obtain a
  3 39 permit for the construction of an animal feeding
  3 40 operation structure, if the structure is part of a
  3 41 small animal feeding operation.
  3 42    b.  The department shall collect an indemnity fee
  3 43 as provided in section 204.3 prior to the issuance of
  3 44 a construction permit.  The department shall deposit
  3 45 moneys collected in indemnity fees in the manure
  3 46 storage indemnity fund created in section 204.2.
  3 47    c.  The department shall not approve a permit for
  3 48 the construction of three or more animal feeding
  3 49 operation structures unless the applicant files a
  3 50 statement approved by a professional engineer
  4  1 registered pursuant to chapter 542B certifying that
  4  2 the construction of the animal feeding operation
  4  3 structure will not impede the drainage through
  4  4 established drainage tile lines which cross property
  4  5 boundary lines unless measures are taken to
  4  6 reestablish the drainage prior to completion of
  4  7 construction.  The department shall deposit moneys
  4  8 collected in indemnity fees in the manure storage
  4  9 indemnity fund created in section 204.2.  The
  4 10 department shall not approve a permit for the
  4 11 construction of an animal feeding operation structure
  4 12 other than a qualified animal feeding operation
  4 13 structure.
  4 14    d.  The department shall issue a permit for an
  4 15 animal feeding operation, if an application is
  4 16 submitted according to procedures required by the
  4 17 department, and the application meets standards
  4 18 established by the department, regardless of whether
  4 19 the animal feeding operation is required to obtain
  4 20 such a permit.  An applicant for a construction permit
  4 21 shall not begin construction at the location of a site
  4 22 planned for the construction of an animal feeding
  4 23 operation structure, until the person has been granted
  4 24 a permit for the construction of the structure by the
  4 25 department.  The department shall make a determination
  4 26 regarding the approval or denial of a permit within
  4 27 sixty days from the date that the department receives
  4 28 a completed application for a permit.  However, the
  4 29 sixty-day requirement shall not apply to an
  4 30 application, if the applicant is not required to
  4 31 obtain a permit in order to construct an animal
  4 32 feeding operation structure or to operate an animal
  4 33 feeding operation.  The department shall deliver a
  4 34 copy or require the applicant to deliver a copy of the
  4 35 application for a construction permit to the county
  4 36 board of supervisors in the county where the
  4 37 confinement feeding operation or confinement feeding
  4 38 operation structure subject to the permit is to be
  4 39 located.  The department shall not approve the
  4 40 application or issue a construction permit until
  4 41 thirty days following delivery of the application to
  4 42 the county board of supervisors.  The department shall
  4 43 consider comments from the county board of
  4 44 supervisors, regarding compliance by the applicant
  4 45 with the legal requirements for the construction of
  4 46 the confinement feeding operation structure as
  4 47 provided in this chapter, and rules adopted by the
  4 48 department pursuant to this chapter, if the comments
  4 49 are delivered to the department within fourteen days
  4 50 after receipt of the application by the county board
  5  1 of supervisors.
  5  2    e.  Prior to granting a permit to a person for the
  5  3 construction of an animal feeding operation, the
  5  4 department may require the installation and operation
  5  5 of a hydrological monitoring system for an exclusively
  5  6 earthen manure storage structure, if, after an on-site
  5  7 inspection, the department determines that the site
  5  8 presents an extraordinary potential for groundwater
  5  9 pollution.
  5 10    f.  A person shall not obtain a permit for the
  5 11 construction of a confinement feeding operation,
  5 12 unless the person develops a manure management plan as
  5 13 provided in section 455B.203.
  5 14    g.  The department shall not issue a permit to a
  5 15 person under this subsection if an enforcement action
  5 16 by the department, relating to a violation of this
  5 17 chapter concerning a confinement feeding operation in
  5 18 which the person has an interest, is pending.  The
  5 19 department shall not issue a permit to a person under
  5 20 this subsection for five years after the date of the
  5 21 last violation committed by a person or confinement
  5 22 feeding operation in which the person holds a
  5 23 controlling interest during which the person or
  5 24 operation was classified as a habitual violator under
  5 25 section 455B.191.  The department shall conduct an
  5 26 annual review of each confinement feeding operation
  5 27 which is a habitual violator and each confinement
  5 28 feeding operation in which a habitual violator holds a
  5 29 controlling interest.  The department shall notify
  5 30 persons classified as habitual violators of their
  5 31 classification, additional restrictions imposed upon
  5 32 the persons pursuant to the classification, and
  5 33 special civil penalties that may be imposed upon the
  5 34 persons.  The notice shall be sent to the persons by
  5 35 certified mail."
  5 36    #2.  Title page, line 1, by inserting after the
  5 37 word "Act" the following:  "relating to animal feeding
  5 38 operations, by regulating animal feeding operation
  5 39 structures and".
  5 40    #3.  By renumbering as necesary.  
  5 41 
  5 42 
  5 43                               
  5 44 JOHN P. KIBBIE
  5 45 SF 472.303 77
  5 46 da/cf/28
     

Text: S03174                            Text: S03176
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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