Text: S03176 Text: S03178 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 "Sec. . Section 455B.173, subsection 13, Code
1 5 1997, is amended to read as follows:
1 6 13. Adopt, modify, or repeal rules relating to the
1 7 construction or operation of animal feeding
1 8 operations. The rules shall include, but are not
1 9 limited to, minimum manure control requirements,
1 10 requirements for obtaining permits, and departmental
1 11 evaluations of animal feeding operations. The
1 12 department shall not require that a person obtain a
1 13 permit for the construction of an animal feeding
1 14 operation structure, if the structure is part of a
1 15 small animal feeding operation. The department shall
1 16 collect an indemnity fee as provided in section 204.3
1 17 prior to the issuance of a construction permit. The
1 18 department shall not approve a permit for the
1 19 construction of three or more animal feeding operation
1 20 structures unless the applicant files a statement
1 21 approved by a professional engineer registered
1 22 pursuant to chapter 542B certifying that the
1 23 construction of the animal feeding operation structure
1 24 will not impede the drainage through established
1 25 drainage tile lines which cross property boundary
1 26 lines unless measures are taken to reestablish the
1 27 drainage prior to completion of construction. The
1 28 department shall deposit moneys collected in indemnity
1 29 fees in the manure storage indemnity fund created in
1 30 section 204.2. The department shall issue a permit
1 31 for an animal feeding operation, if an application is
1 32 submitted according to procedures required by the
1 33 department, and the application meets standards
1 34 established by the department, regardless of whether
1 35 the animal feeding operation is required to obtain
1 36 such a permit. An applicant for a construction permit
1 37 shall not begin construction at the location of a site
1 38 planned for the construction of an animal feeding
1 39 operation structure, until the person has been granted
1 40 a permit for the construction of the structure by the
1 41 department. The department shall make a determination
1 42 regarding the approval or denial of a permit within
1 43 sixty days from the date that the department receives
1 44 a completed application for a permit. However, the
1 45 sixty-day requirement shall not apply to an
1 46 application, if the applicant is not required to
1 47 obtain a permit in order to construct an animal
1 48 feeding operation structure or to operate an animal
1 49 feeding operation. The department shall deliver a
1 50 copy or require the applicant to deliver a copy of the
2 1 application for a construction permit to the county
2 2 board of supervisors in the county where the
2 3 confinement feeding operation or confinement feeding
2 4 operation structure subject to the permit is to be
2 5 located. The department shall not approve the
2 6 application or issue a construction permit until
2 7 thirty days following delivery of the application to
2 8 the county board of supervisors. The department shall
2 9 consider comments from the county board of
2 10 supervisors, regarding compliance by the applicant
2 11 with the legal requirements for the construction of
2 12 the confinement feeding operation structure as
2 13 provided in this chapter, and rules adopted by the
2 14 department pursuant to this chapter, if the comments
2 15 are delivered to the department within fourteen days
2 16 after receipt of the application by the county board
2 17 of supervisors. However, if the construction permit
2 18 is for an animal feeding operation structure which is
2 19 part of a confinement feeding operation in which swine
2 20 are confined, the department shall not issue the
2 21 permit if the county board of supervisors submits an
2 22 objection to the department within thirty days after
2 23 receipt of the application by the county board of
2 24 supervisors. The objection must be based upon a
2 25 threat to environmental quality or the public health
2 26 that the board determines may be caused by the
2 27 location or design of the animal feeding operation
2 28 structure. Prior to granting a permit to a person for
2 29 the construction of an animal feeding operation, the
2 30 department may require the installation and operation
2 31 of a hydrological monitoring system for an exclusively
2 32 earthen manure storage structure, if, after an on-site
2 33 inspection, the department determines that the site
2 34 presents an extraordinary potential for groundwater
2 35 pollution. A person shall not obtain a permit for the
2 36 construction of a confinement feeding operation,
2 37 unless the person develops a manure management plan as
2 38 provided in section 455B.203. The department shall
2 39 not issue a permit to a person under this subsection
2 40 if an enforcement action by the department, relating
2 41 to a violation of this chapter concerning a
2 42 confinement feeding operation in which the person has
2 43 an interest, is pending. The department shall not
2 44 issue a permit to a person under this subsection for
2 45 five years after the date of the last violation
2 46 committed by a person or confinement feeding operation
2 47 in which the person holds a controlling interest
2 48 during which the person or operation was classified as
2 49 a habitual violator under section 455B.191. The
2 50 department shall conduct an annual review of each
3 1 confinement feeding operation which is a habitual
3 2 violator and each confinement feeding operation in
3 3 which a habitual violator holds a controlling
3 4 interest. The department shall notify persons
3 5 classified as habitual violators of their
3 6 classification, additional restrictions imposed upon
3 7 the persons pursuant to the classification, and
3 8 special civil penalties that may be imposed upon the
3 9 persons. The notice shall be sent to the persons by
3 10 certified mail."
3 11 #2. Title page, line 1, by inserting after the
3 12 word "Act" the following: "relating to animal feeding
3 13 operation structures, by providing for permits and".
3 14
3 15
3 16
3 17 PATTY JUDGE
3 18 SF 472.202 77
3 19 da/jj/28
Text: S03176 Text: S03178 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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