Text: S03174 Text: S03176 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 thedistance3 18requirements of section 455B.162 on May 31, 19953 19 requirement, may continue to operate regardless of 3 20those separation distancesthe requirement. The 3 21 animal feeding operation may be expandedon or after3 22May 31, 1995, regardless of those separation distances3 23 at any time, ifeitherall of the followingapplies3 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 moneys4 8collected in indemnity fees in the manure storage4 9indemnity 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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