Text: S03178                            Text: S03180
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Senate Amendment 3179

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, subsection 3, Code
  1  5 1997, is amended to read as follows:
  1  6    3.  a.  "Animal feeding operation" means a lot,
  1  7 yard, corral, building, or other area in which animals
  1  8 are confined and fed and maintained for forty-five
  1  9 days or more in any twelve-month period, and all
  1 10 structures used for the storage of manure from animals
  1 11 in the operation.
  1 12    b.  Two or more animal feeding operations under
  1 13 common ownership or management are deemed to be a
  1 14 single animal feeding operation if they are adjacent
  1 15 as follows:
  1 16    (1)  If the animal feeding operations do not
  1 17 include a confinement swine feeding operation, the
  1 18 animal feeding operations must be both of the
  1 19 following:
  1 20    (a)  Under common ownership or management.
  1 21    (b)  Adjacent or utilize a common system for manure
  1 22 storage.
  1 23    (2)  If the animal feeding operations include a
  1 24 confinement swine feeding operation, any of the
  1 25 following apply to the animal feeding operations:
  1 26    (a)  They must utilize a common system for manure
  1 27 storage or area for manure disposal.
  1 28    (b)  They must be separated by less than two
  1 29 thousand five hundred feet, unless the combined animal
  1 30 weight capacity of the animal feeding operations is
  1 31 two hundred thousand pounds or less.
  1 32    c.  An animal feeding operation does not include a
  1 33 livestock market.
  1 34    Sec.    .  Section 455B.161, Code 1997, is amended
  1 35 by adding the following new subsections:
  1 36    NEW SUBSECTION.  9A.  "Confinement swine feeding
  1 37 operation" means a confinement feeding operation in
  1 38 which swine are confined and fed and all structures
  1 39 used for the storage of manure from animals in the
  1 40 operation.
  1 41    NEW SUBSECTION.  9B.  "Confinement swine feeding
  1 42 operation structure" means a confinement building or a
  1 43 formed swine manure storage structure.
  1 44    NEW SUBSECTION.  14A.  "Formed swine manure storage
  1 45 structure" means a formed manure storage structure
  1 46 used to store swine manure, which has walls and a
  1 47 floor constructed of poured concrete.
  1 48    NEW SUBSECTION.  16A.  "Manure storage structure"
  1 49 means any structure used to store manure from an
  1 50 animal feeding operation, including an anaerobic
  2  1 lagoon, earthen manure storage basin, or formed manure
  2  2 storage structure.
  2  3    Sec.    .  Section 455B.162, unnumbered paragraph
  2  4 1, Code 1997, is amended to read as follows:
  2  5    1.  The Except as provided in subsection 1A, the
  2  6 following shall apply to animal feeding operation
  2  7 structures constructed on or after May 31, 1995; to
  2  8 the expansion of structures constructed on or after
  2  9 May 31, 1995; or, except as provided in section
  2 10 455B.163, to the expansion of structures constructed
  2 11 prior to May 31, 1995:
  2 12    Sec.    .  Section 455B.162, subsection 1,
  2 13 unnumbered paragraph 1, Code 1997, is amended by
  2 14 striking the unnumbered paragraph.
  2 15    Sec.    .  Section 455B.162, Code 1997, is amended
  2 16 by adding the following new subsection:
  2 17    NEW SUBSECTION.  1A.  The following shall apply to
  2 18 confinement swine feeding operation structures
  2 19 constructed on or after the effective date of this
  2 20 Act, if the confinement swine feeding operations are
  2 21 established on or after the effective date of this
  2 22 Act:
  2 23    a.  The following table represents the minimum
  2 24 separation distance in feet required between a
  2 25 confinement swine feeding operation structure and a
  2 26 residence not owned by the owner of the confinement
  2 27 swine feeding operation, or a commercial enterprise,
  2 28 bona fide religious institution, or an educational
  2 29 institution:  
  2 30                    Minimum        Minimum         Minimum
  2 31                    separation     separation      separation  
  2 32                    distance in    distance in     distance in
  2 33                    feet for       feet for        feet for
  2 34                    operations     operations      operations
  2 35                    having an      having an       having an
  2 36                    animal weight  animal weight   animal weight
  2 37                    capacity of    capacity of     capacity of  
  2 38                    less than      625,000 or      1,250,000 or
  2 39                    625,000        more pounds     more pounds
  2 40                    pounds         but less than
  2 41                                   1,250,000
  2 42                                   pounds
  2 43 Type of structure                                              
  2 44 Uncovered formed
  2 45 swine manure
  2 46 storage
  2 47 structure          2,250          2,750           3,250
  2 48 Covered formed
  2 49 swine manure
  2 50 storage
  3  1 structure          1,900          2,250           2,750
  3  2 Confinement
  3  3 building           1,900          2,250           2,750
  3  4    b.  The following table represents the minimum
  3  5 separation distance in feet required between
  3  6 confinement swine feeding operation structures and a
  3  7 public use area or a residence not owned by the owner
  3  8 of the confinement swine feeding operation, a
  3  9 commercial enterprise, a bona fide religious
  3 10 institution, or an educational institution located
  3 11 within the corporate limits of a city:  
  3 12                    Minimum        Minimum         Minimum
  3 13                    separation     separation      separation  
  3 14                    distance in    distance in     distance in
  3 15                    feet for       feet for        feet for
  3 16                    operations     operations      operations  
  3 17                    having an      having an       having an
  3 18                    animal weight  animal weight   animal weight
  3 19                    capacity of    capacity of     capacity of
  3 20                    less than      625,000 or      1,250,000 or
  3 21                    625,000        more pounds     more pounds
  3 22                    pounds         but less than
  3 23                                   1,250,000
  3 24                                   pounds
  3 25 Type of structure                                              
  3 26 Confinement
  3 27 swine  
  3 28 feeding
  3 29 operation
  3 30 structure          2,500          3,025           3,750
  3 31    Sec.    .  Section 455B.171, subsection 2, Code
  3 32 1997, is amended to read as follows:
  3 33    2.  a.  "Animal feeding operation" means a lot,
  3 34 yard, corral, building, or other area in which animals
  3 35 are confined and fed and maintained for forty-five
  3 36 days or more in any twelve-month period, and all
  3 37 structures used for the storage of manure from animals
  3 38 in the animal feeding operation.
  3 39    b.  Two or more animal feeding operations under
  3 40 common ownership or management are deemed to be a
  3 41 single animal feeding operation if they are adjacent
  3 42 as follows:
  3 43    (1)  If the animal feeding operations do not
  3 44 include a confinement swine feeding operation, the
  3 45 animal feeding operations must be both of the
  3 46 following:
  3 47    (a)  Under common ownership or management.
  3 48    (b)  Adjacent or utilize a common area or system
  3 49 for manure disposal.
  3 50    (2)  If the animal feeding operations include a
  4  1 confinement swine feeding operation, any of the
  4  2 following apply to the animal feeding operations:
  4  3    (a)  They must utilize a common system or area for
  4  4 manure storage.
  4  5    (b)  They must be separated by less than two
  4  6 thousand five hundred feet, unless the combined animal
  4  7 weight capacity of the animal feeding operations is
  4  8 two hundred thousand pounds or less.
  4  9    c.  An animal feeding operation does not include a
  4 10 livestock market as defined in section 455B.161.
  4 11    Sec.    .  Section 455B.171, Code 1997, is amended
  4 12 by adding the following new subsections:
  4 13    NEW SUBSECTION.  4A.  "Confinement swine feeding
  4 14 operation" means the same as defined in section
  4 15 455B.161.
  4 16    NEW SUBSECTION.  4B.  "Confinement swine feeding
  4 17 operation structure" means the same as defined in
  4 18 section 455B.161.
  4 19    NEW SUBSECTION.  9A.  "Formed manure storage
  4 20 structure" means the same as defined in section
  4 21 455B.161.
  4 22    NEW SUBSECTION.  9B.  "Formed swine manure storage
  4 23 structure" means the same as defined in section
  4 24 455B.161.
  4 25    NEW SUBSECTION.  12A.  "Manure storage structure"
  4 26 means the same as defined in section 455B.161.
  4 27    Sec.    .  Section 455B.201, Code 1997, is amended
  4 28 by adding the following new subsection:
  4 29    NEW SUBSECTION.  5.  On and after the effective
  4 30 date of this Act, a person shall not construct a
  4 31 manure storage structure which is part of a
  4 32 confinement swine feeding operation unless the manure
  4 33 storage structure is a formed swine manure storage
  4 34 structure."
  4 35    #2.  Page 1, by inserting after line 16 the
  4 36 following:
  4 37    "Sec.    .  Section 455B.204, subsection 1,
  4 38 unnumbered paragraph 1, Code 1997, is amended to read
  4 39 as follows:
  4 40    An animal feeding operation structure shall not be
  4 41 located at least constructed or expanded less than
  4 42 five hundred feet away from the surface intake of an
  4 43 agricultural drainage well or known sinkhole, and at
  4 44 least not less than two hundred feet away from a lake,
  4 45 river, or stream located within the territorial limits
  4 46 of the state, any marginal river area adjacent to the
  4 47 state, which can support a floating vessel capable of
  4 48 carrying one or more persons during a total of a six-
  4 49 month period in one out of ten years, excluding
  4 50 periods of flooding.  However, no a distance
  5  1 separation is not required between a location or
  5  2 object and a farm pond or privately owned lake, as
  5  3 defined in section 462A.2.  A confinement swine
  5  4 feeding operation structure shall not be constructed
  5  5 or expanded less than five hundred feet away from a
  5  6 drinking water well.
  5  7    Sec.    .  EFFECTIVE DATE.  This Act, being deemed
  5  8 of immediate importance, takes effect upon enactment."
  5  9    #3.  Title page, line 1, by inserting after the
  5 10 word "Act" the following:  "regulating animal feeding
  5 11 operations by providing for confinement swine feeding
  5 12 operations and".
  5 13    #4.  Title page, line 3, by inserting after the
  5 14 word "structure" the following:  ", and providing an
  5 15 effective date".
  5 16    #5.  By renumbering as necessary.  
  5 17 
  5 18 
  5 19                               
  5 20 PATTY JUDGE
  5 21 SF 472.503 77
  5 22 da/jw/28
     

Text: S03178                            Text: S03180
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